[Rev. 2/28/2019 11:51:10 AM]
κ1973 Statutes of Nevada, Page 721κ
Assembly Bill No. 625Committee on Commerce
CHAPTER 489
AN ACT relating to life insurance and annuity contracts; amending the standard valuation and nonforfeiture law; increasing certain interest rates for annuity contracts and life insurance policies; providing for use of modern mortality tables; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 681B.120 is hereby amended to read as follows:
681B.120 1. [The] Except as otherwise provided in subsection 3 of this section, the minimum standard for the valuation of all policies and contracts issued prior to the effective date of NRS 688A.290 to 688A.360, inclusive (standard nonforfeiture law) shall be as follows:
(a) The legal minimum standard for valuation of contracts issued prior to January 1, 1942, shall be a basis not lower than that used for the annual statement of the year during which such policies were issued, and for contracts issued on and after January 1, 1942, shall be the American Experience Table of Mortality with either Craigs or Buttolphs Extension for ages under 10, with interest at not more than 3.5 percent per annum. Such policies may provide for not more than 1-year preliminary term insurance by incorporating therein a clause plainly showing that the first years insurance under such contract is term insurance purchased by the whole or part of the premiums to be received during the first contract year.
(b) The legal minimum standard for the valuation of group life insurance policies under which the premium rates are not guaranteed for a period in excess of 5 years shall be the American Men Ultimate Table of Mortality with interest at not more than 3.5 percent per annum.
(c) The legal minimum standard for the valuation of industrial policies shall be the American Experience Table of Mortality or the Standard Industrial Mortality Table or the Substandard Industrial Mortality Table with interest at not more than 3.5 percent per annum by the net level premium method, or in accordance with their terms by the modified preliminary term method described in this section.
(d) Reserves for all such policies and contracts may be calculated, at the option of the insurer, according to any standards which produce greater aggregate reserves for all such policies and contracts than the minimum reserves required by this subsection.
2. [The] Except as otherwise provided in subsection 3 of this section, the minimum standard for the valuation of all policies and contracts issued on or after the effective date of NRS 688A.290 to 688A.360, inclusive, (standard nonforfeiture law), shall be the Commissioners reserve valuation method defined in NRS 681B.130, 3.5 percent interest, or, in the case of policies and contracts other than annuity and pure endowment contracts issued on or after July 1, 1973, 4 percent interest, and the following tables:
(a) For all ordinary policies of life insurance issued on the standard basis, excluding any disability and accidental death benefits in such policies, the Commissioners 1941 Standard Ordinary Mortality Table until the operative date of NRS 688A.340, and, for all such policies issued on and after such date, the Commissioners 1958 Standard Ordinary Mortality Table, except that for any category of such policies issued on female risks all modified net premiums and present values referred to in NRS 681B.110 to 681B.150, inclusive, may be calculated according to an age not more than 3 years younger than the actual age of the insured.
κ1973 Statutes of Nevada, Page 722 (CHAPTER 489, AB 625)κ
basis, excluding any disability and accidental death benefits in such policies, the Commissioners 1941 Standard Ordinary Mortality Table until the operative date of NRS 688A.340, and, for all such policies issued on and after such date, the Commissioners 1958 Standard Ordinary Mortality Table, except that for any category of such policies issued on female risks all modified net premiums and present values referred to in NRS 681B.110 to 681B.150, inclusive, may be calculated according to an age not more than 3 years younger than the actual age of the insured.
(b) For all industrial life insurance policies issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table for such policies issued prior to the operative date of NRS 688A.330, and the Commissioners 1961 Standard Industrial Mortality Table for such policies issued on or after such operative date.
(c) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality Table, or, at the option of the insurer, the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the commissioner.
(d) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of such table approved by the commissioner, or, at the option of the insurer, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts.
(e) For total and permanent disability benefits in or supplementary to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966, the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit; and for policies or contracts issued on or after the effective date of NRS 688A.290 to 688A.360, inclusive (standard nonforfeiture law), and prior to January 1, 1966, either such tables or, at the option of the insurer, the Class (3) Disability Table (1926).
(f) For accidental death benefits in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table; and for policies issued on or after the effective date of NRS 688A.290 to 688A.360, inclusive (standard nonforfeiture law) and prior to January 1, 1966, either such table or, at the option of the insurer, the Inter-Company Double Indemnity Mortality Table. Either table shall be combined with a mortality table permitted for calculating the reserves for life insurance policies.
(g) For group life insurance, for life insurance issued on the substandard basis and for special benefits, such tables as may be approved by the commissioner.
3. The minimum standard for the valuation of all individual annuity and pure endowment contracts issued on or after the valuation operative date, defined in subsection 4, and for all annuities and pure endowments purchased on or after such date, under group annuity and pure endowment contracts, shall be the Commissioners reserve valuation method defined in NRS 681B.130 and the following tables and interest rates:
κ1973 Statutes of Nevada, Page 723 (CHAPTER 489, AB 625)κ
(a) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of such table approved by the commissioner, and 6 percent interest for single premium immediate annuity contracts, and 4 percent interest for all other individual annuity and pure endowment contracts.
(b) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such contracts, the 1971 Group Annuity Mortality Table, or any modification of such table approved by the commissioner, and 6 percent interest.
4. After July 1, 1973, any insurer may file with the commissioner a written notice of its election to comply with the provisions of subsection 3 after a specified date before January 1, 1979, which shall be the valuation operative date for such insurer, but an insurer may elect a different valuation operative date for individual annuity and pure endowment contracts from that elected for group annuity and pure endowment contracts. If an insurer makes no such election, the valuation operative date for such insurer shall be January 1, 1979.
Sec. 2. NRS 688A.330 is hereby amended to read as follows:
688A.330 1. In the case of industrial policies issued on or after the operative date of this section, as provided in subsection 2, all adjusted premiums and present values referred to in NRS 688A.290 to 688A.360, inclusive, shall be calculated on the basis of the Commissioners 1961 Standard Industrial Mortality Table and the rate of interest [, not exceeding 3.5 percent per annum,] specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits, but such rate of interest shall not exceed 3.5 percent per annum, or 4 percent per annum for policies issued on or after July 1, 1973, except that:
(a) In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1961 Industrial Extended Term Insurance Table.
(b) For insurance issued on a substandard basis, the calculations of any such adjusted premiums and present values may be based on such other table of mortality as may be specified by the insurer and approved by the commissioner.
2. After July 1, 1963, any insurer may file with the commissioner a written notice of its election to comply with the provisions of this section after a specified date before January 1, 1968. After the filing of such notice, upon such specified date, this section shall become operative with respect to the industrial policies thereafter issued by such insurer. If an insurer makes no such election, the operative date of this section for such insurer shall be January 1, 1968.
Sec. 3. NRS 688A.340 is hereby amended to read as follows:
688A.340 1. In the case of ordinary policies issued on or after the operative date of this section, all adjusted premiums and present values referred to in NRS 688A.290 to 688A.360, inclusive, shall be calculated on the basis of the Commissioners 1958 Standard Ordinary Mortality Table and the rate of interest [, not exceeding 3.5 percent per annum,] specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits, but such rate of interest shall not exceed 3.5 percent per annum, or 4 percent per annum for policies issued on or after July 1, 1973, except that:
κ1973 Statutes of Nevada, Page 724 (CHAPTER 489, AB 625)κ
exceed 3.5 percent per annum, or 4 percent per annum for policies issued on or after July 1, 1973, except that:
(a) For any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than 3 years younger than the actual age of the insured;
(b) In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1958 Extended Term Insurance Table.
(c) The calculation of adjusted premiums and present values for insurance issued on a substandard basis may be based on such other table of mortality as may be specified by the insurer and approved by the commissioner.
2. Any insurer may file with the commissioner a written notice of its election to comply with the provisions of this section after a specified date before January 1, 1966. After the filing of such notice, this section shall become operative upon such specified date with respect to the ordinary policies thereafter issued by such insurer.
3. If an insurer makes no such election, the operative date of this section for such insurer shall be January 1, 1966.
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Assembly Bill No. 535Messrs. Torvinen and Fry
CHAPTER 490
AN ACT relating to criminal procedure; affording an arrested person the right to make a reasonable number of telephone calls immediately after he is booked; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person arrested has the right to make a reasonable number of completed telephone calls from the police station or other place at which he is booked immediately after he is booked and, except where physically impossible, no later than 3 hours after his arrest. Such telephone calls may be limited to local calls, except that long distance calls may be made by the arrested person at his own expense.
2. A reasonable number of calls shall include one completed call to a friend or bail bondsman and one completed call to an attorney.
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κ1973 Statutes of Nevada, Page 725κ
Assembly Bill No. 531Messrs. Ashworth, Capurro, Mello, Howard, Dreyer, Dini, Demers, Craddock, Bremner, Bennett, Barengo, Banner, May, Fry, Glover, Mrs. Gojack, Messrs. Hafen, Hayes, Hickey, Prince, Robinson, Schofield, Smalley, Smith, Ullom, Vergiels, Wittenberg, Bickerstaff and Mrs. Brookman
CHAPTER 491
AN ACT making an appropriation from the general fund in the state treasury to the public service commission of Nevada for the purpose of developing a Nevada state airport system plan; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the public service commission of Nevada the sum of $20,000 for the purpose of developing a Nevada state airport system plan in order to have an airport system in Nevada that will serve the needs of commercial, military, general and cargo aviation to the year 1992.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 463Committee on Environment and Public Resources
CHAPTER 492
AN ACT relating to hunting and fishing licenses, tags and permits; providing for an adjustment of fees; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 502.240 is hereby amended to read as follows:
502.240 Annual licenses for the term of 1 year from July 1 to June 30 and limited permits shall be issued at the following prices:
1. To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months, upon the payment of [$2] $1 for an annual fishing [and] or hunting license.
2. To any citizen of the United States who has attained his 65th birthday and who has been a bona fide resident of the State of Nevada for 20 years, upon the payment of $1 for an annual hunting or fishing license. Any such person shall be exempt from the payment of the fee for a resident deer tag for a regular season as required by the provisions of NRS 502.250.
3. Except as provided in subsection 2, to [any alien or to] any citizen of the United States who has attained his 16th birthday and who has been a resident of the State of Nevada for 6 months, upon the payment of:
κ1973 Statutes of Nevada, Page 726 (CHAPTER 492, AB 463)κ
For a fishing license................................................................................... $7.50
For a five-day permit to fish..................................................................... 5.00
For a 2-day permit to fish.......................................................................... 3.00
For a hunting license....................................................................... [5.00] 7.50
For a combination hunting and fishing license......................... [12.50] 14.00
For a trapping license................................................................................ 5.00
For a fur dealers license........................................................................... 1.00
For an annual master guides license...................................................... 50.00
For an annual subguides license............................................................ 10.00
4. To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $5 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).
5. Except as provided in subsection 4, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:
For a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10)........................................................................................... $15.00
For a 5-day permit to fish.......................................................................... 5.00
For a 2-day permit to fish.......................................................................... 3.00
For a special hunting license to hunt deer by bow and arrow (and no other license shall be required)................................................................................. 10.00
[For a special license to hunt upland game birds (and no other license or permit shall be required) a fee not to exceed........................................................ 25.00
For a permit to hunt upland game birds in conjunction with a regular hunting license, a fee not to exceed............................................................................... 10.00]
For a hunting license................................................................... [$50.00] 35.00
For an annual trappers license................................................................ 10.00
[For a special nonresident, 3-day, migratory waterfowl hunting license (which shall be in lieu of all other licenses or permits, except for the migratory bird hunting stamp).................................................................................................... 10.00]
For a fur dealers license........................................................................... 25.00
For an annual master guides license...................................................... 100.00
For an annual subguides license............................................................ 20.00
6. To any person, without regard to residence, upon the payment of:
For a noncommercial breeding ground................................................... $2.00
For a commercial or private shooting preserve..................................... 25.00
For a commercial breeding ground.......................................................... 25.00
For a commercial fish hatchery................................................................ 10.00
For a private noncommercial fish hatchery............................................ 5.00 For a trained animal act license.......................................... $10.00
κ1973 Statutes of Nevada, Page 727 (CHAPTER 492, AB 463)κ
For a trained animal act license................................................................ $10.00
For a fur dealers agents license............................................................. 10.00
For a live bait dealers permit................................................................... 25.00
For a competitive field trials permit......................................................... 1.00
For a falconry license................................................................................ 10.00
Sec. 2. NRS 502.250 is hereby amended to read as follows:
502.250 1. The following fees shall be in effect:
Resident deer tag for regular season...................................................... $5.00
Nonresident and alien deer tag for regular season................. [$30.00] 50.00
Resident deer tag for hunting deer by bow and arrow......................... 5.00
Nonresident and alien deer tag for hunting deer by bow and arrow. 30.00
Resident antelope tag................................................................................ 15.00
Resident elk tag.......................................................................................... 15.00
Resident bighorn tag................................................................................. 25.00
Resident mountain lion tag....................................................................... 5.00
Nonresident bighorn tag........................................................................... 125.00
Nonresident mountain lion tag................................................................ 50.00
2. Other resident big game tags for special seasons shall not exceed $25. Other nonresident big game tags for special seasons shall not exceed $125.
3. Tags determined to be necessary by the commission for other species under NRS 502.130, shall not exceed $2.
4. A fee not to exceed $2 may be charged for processing an application for tags for special seasons.
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1973.
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Assembly Bill No. 737Mr. Hafen
CHAPTER 493
AN ACT relating to schools; permitting the state board of education to adopt standards for school building; revising requirements for submission of project plans to state planning board; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 385 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board may adopt standard plans and specifications for the construction of school buildings by the boards of trustees of the various school districts. If such plans and specifications are adopted, provision shall be made for the production and distribution of such plans and specifications by appropriate rules and regulations. The board of trustees of a school district may use any such plans and specifications if it determines that they are in the best interests of the district.
κ1973 Statutes of Nevada, Page 728 (CHAPTER 493, AB 737)κ
school district may use any such plans and specifications if it determines that they are in the best interests of the district.
2. Prior to the adoption of any such standard plans and specifications, the board shall submit them to the state planning board, whose written approval thereof shall be obtained prior to any further consideration by the board.
3. The state planning board may charge and collect and the board may pay a reasonable fee for the costs incurred by the state planning board in approving the standard plans and specifications submitted.
Sec. 2. NRS 393.110 is hereby amended to read as follows:
393.110 1. [Before] Unless standard plans are to be used as provided in section 1 of this act, before letting any contract or contracts for the erection of any new school building, the board of trustees of a school district shall submit plans therefor to and obtain the written approval of the plans by the state planning board. The state planning board is authorized to charge and collect, and the board of trustees is authorized to pay, a reasonable fee for the payment of any costs incurred by the state planning board in securing the approval of qualified architects or engineers of the plans submitted by the board of trustees in compliance with the provisions of this subsection.
2. Before letting any contract or contracts [totaling more than $5,000] for any addition to or alteration of an existing school building [,] which involves structural systems, exiting, sanitary or fire protection facilities, the board of trustees of a school district shall submit plans therefor to and obtain the written approval of the plans by the state planning board. The state planning board is authorized to charge and collect, and the board of trustees is authorized to pay, a reasonable fee for the payment of any costs incurred by the state planning board in securing the approval of qualified architects or engineers of the plans submitted by the board of trustees in compliance with the provisions of this subsection.
3. No contract for any of the purposes specified in subsections 1 and 2 made by a board of trustees of a school district contrary to the provisions of this section is valid, nor shall any public money be paid for erecting, adding to or altering any school building in contravention of this section.
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Assembly Bill No. 732Committee on Commerce
CHAPTER 494
AN ACT to amend NRS 673.430, relating to savings and loan associations annual assessment, by clarifying the basis for computation.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 673.430 is hereby amended to read as follows:
673.430 1. Each such foreign or domestic association, company or corporation doing business in this state shall cause to be filed annually with the commissioner on or before March 1, a sworn statement in two sections.
κ1973 Statutes of Nevada, Page 729 (CHAPTER 494, AB 732)κ
with the commissioner on or before March 1, a sworn statement in two sections.
2. One section of the annual report shall contain, in such form and detail as the commissioner may prescribe, the following:
(a) The amount of authorized capital by classes and the par value of each class of shares.
(b) A statement of its assets and liabilities at the close of its last fiscal year.
(c) Salaries paid to each of its officers and to its manager, if any, during its last fiscal year.
(d) The total of its liability to investors at the close of its last fiscal year.
(e) Any other facts which the commissioner may require.
This section of the annual report shall be furnished in duplicate, one copy, duly certified as such, to be returned to the reporting organization, which, with the exception of paragraph (c) of subsection 2, shall be published at least two times in some newspaper having a general circulation in the county in which the association maintains an office. Publication shall be completed on or before May 1, and proof thereof shall be filed in the office of the commissioner.
3. One section of the annual report shall contain such other information as the commissioner may require to be furnished therein. This section need not be published and shall be treated as confidential by the commissioner.
4. Every association shall be required to pay to the commissioner for supervision and examination:
(a) An annual fee of $200 for each home office, and an annual assessment on its [gross] total assets computed per $1,000 as of December 31 of the preceding year at the rate of 15 cents per $1,000 of [gross] total assets.
(b) An annual fee of $100 for each branch office.
5. The commissioner shall determine from the annual statement the amount due from each association and shall submit a bill to the association for such amount by March 15. A penalty of 10 percent of the fee payable shall be charged for each month or part thereof that the fees are not paid after April 15 of each year.
6. All sums so received by the commissioner shall be forthwith delivered to the state treasurer and shall be paid into the general fund in the state treasury.
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κ1973 Statutes of Nevada, Page 730κ
Assembly Bill No. 731Committee on Commerce
CHAPTER 495
AN ACT to amend NRS 673.260, relating to the issuance of savings and loan association licenses, by clarifying the fee base.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 673.260 is hereby amended to read as follows:
673.260 1. The license mentioned in NRS 673.250 shall authorize the company, association or corporation to whom it is issued to sell its approved securities and contracts within this state for the remainder of the fiscal year ending on June 30 next succeeding. Each license shall be renewable, under like restrictions, annually thereafter.
2. For the issuing of any license provided for in NRS 673.250 and for any renewal thereof, the fee of the commissioner shall be:
(a) For each home office, $200 plus 15 cents for each $1,000 of [gross] total assets of the company, association or corporation as of December 31 of each year.
(b) For each branch office, $100.
3. Such fees shall accompany the license renewal application. A penalty of 10 percent of the fee payable shall be charged for each month or part thereof that the fees are not paid after June 30 of each year.
4. All sums so received by the commissioner shall be forthwith delivered to the state treasurer and shall be paid into the general fund in the state treasury.
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Assembly Bill No. 695Mr. Barengo
CHAPTER 496
AN ACT relating to motor vehicles; postponing the requirement that motorcycles be equipped with turn signals; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 486.251 is hereby amended to read as follows:
486.251 1. Every motorcycle operated upon a highway of this state at any time from one-half hour after sunset to one-half hour before sunrise and at any other time when, because of insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead shall display lighted lamps and illuminating devices as respectively required in this chapter.
2. Every motorcycle operated upon a highway shall be equipped with stop lights [and turn signals] to be lighted in the manner prescribed for the use of such devices.
κ1973 Statutes of Nevada, Page 731 (CHAPTER 496, AB 695)κ
Sec. 2. NRS 486.271 is hereby amended to read as follows:
486.271 1. Every motorcycle manufactured after January 1, [1972,] 1973, which is sold or offered for sale and which is intended to be operated upon the highways of this state shall be equipped with electric turn signal lamps.
2. Such lamps shall be located on the front and rear and shall indicate an intention to turn by flashing lights in the direction toward which the turn is to be made.
3. The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit white or amber light, or any shade of light between white and amber.
4. The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit red or amber light, or any shade of light between red and amber.
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Assembly Bill No. 686Committee on Commerce
CHAPTER 497
AN ACT relating to the unemployment compensation fund; revising the solvency test calculation for the fund; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 612.550 is hereby amended to read as follows:
612.550 1. As used in this section:
(a) Average actual duration means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.
(b) Average annual payroll for the calendar year 1960 and each calendar year thereafter means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers shall be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
(c) Beneficiary means an individual who has received a first payment.
(d) Computation date for the calendar year 1960 and for each calendar year thereafter means June 30 of the preceding calendar year.
(e) Covered worker means an individual who has worked in employment subject to this chapter.
(f) First payment means the first weekly unemployment insurance benefit paid to an individual in his benefit year.
κ1973 Statutes of Nevada, Page 732 (CHAPTER 497, AB 686)κ
(g) Reserve balance means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.
(h) Reserve ratio means the percentage ratio that the reserve balance bears to the average annual payroll.
(i) Total contributions paid means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.
(j) Unemployment risk ratio means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the employment security department records for the same 12-month period.
2. The executive director shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him for each calendar year in order to reflect such experience and classification.
No employers contribution rate shall be reduced below 2.7 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that for the calendar year beginning January 1, 1960, and for each year thereafter an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.7 percent if his account has been chargable throughout a lesser period, but in no event, less than the 10-consecutive-calendar-quarter period ending on the computation date.
3. Any employer who qualifies under subsection 9 and receives the experience record of a predecessor employer shall be assigned the contribution rate of such predecessor.
4. Benefits paid to an individual up to and including the computation date shall be charged against the experience rating records of his base period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers; provided:
(a) That no augmentation of benefits paid by reason of the fact that a claimant has dependents shall be charged to an employers experience rating record; and
(b) That no benefits paid to a multistate claimant based upon entitlement to benefits in more than one state shall be charged to any employers experience rating record when no benefits would have been payable except for NRS 612.295; and
(c) That if a ruling is issued to a base period employer under the provisions of NRS 612.475 that a claimant left his employment with such employer, voluntarily and without good cause, or was discharged because of misconduct in connection with such employment, benefits paid to the claimant subsequent to such termination of employment due to voluntary leaving or discharge, which are based upon wages paid by such employer in the claimants base period prior to the date of such termination, and which would otherwise be charged to the experience rating record of such employer, as provided in this section, shall not be charged unless such employer failed to comply with the provisions of NRS 612.475.
κ1973 Statutes of Nevada, Page 733 (CHAPTER 497, AB 686)κ
in the claimants base period prior to the date of such termination, and which would otherwise be charged to the experience rating record of such employer, as provided in this section, shall not be charged unless such employer failed to comply with the provisions of NRS 612.475.
(d) Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to an individual shall not be charged against the accounts of his base period employers.
5. For the calendar year 1965 and for each calendar year thereafter the executive director shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify such employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year shall be determined by the range within which his reserve ratio falls.
The executive director shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which shall be assigned the various contribution rates provided in subsection 6 of this section. The lowest contribution rate shall be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate shall be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges shall be uniform.
6. Each employer eligible for a contribution rate based upon experience and classified in accordance with this section shall be assigned a contribution rate by the executive director for each calendar year according to the following classes:
Class 1...................................................................................................... 0.6 percent
Class 2...................................................................................................... 0.9 percent
Class 3...................................................................................................... 1.2 percent
Class 4...................................................................................................... 1.5 percent
Class 5...................................................................................................... 1.8 percent
Class 6...................................................................................................... 2.1 percent
Class 7...................................................................................................... 2.4 percent
Class 8...................................................................................................... 2.7 percent
7. The executive director shall assign contribution rates less than 2.7 percent for the calendar year 1965 as nearly as may be in accordance with the provisions of subsections 1 to 6, inclusive. On November 30, 1965, and on November 30 of each year thereafter the executive director shall determine:
(a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and
(b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the employment security department records for the 12 months ending on the computation date; and
(c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and
κ1973 Statutes of Nevada, Page 734 (CHAPTER 497, AB 686)κ
by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and
(d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on November 30. Contribution rates less than 2.7 percent shall not be assigned for the calendar year 1966 or for any calendar year thereafter if the executive director finds on November 30 preceding any such year that the balance in the unemployment compensation fund is less than [1 1/2 times] the potential maximum annual benefits payable.
8. The executive director, for the calendar year 1960 and for each calendar year thereafter, shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for such calendar year, for each employer whose account is in active status on the records of the employment security department on January 1 of each year and whose account is chargeable with benefit payments on the computation date of such year.
9. The executive director shall, by regulation, prescribe the conditions for a transfer of the experience record of an employer to an employer who has acquired the entire or a severable part of the organization, trade or business or substantially all of the assets thereof.
10. Whenever an employer has paid no wages in employment for a period of 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the executive director shall terminate his experience rating account, and such account shall not thereafter be used in any rate computation.
11. The executive director shall have the power to adopt reasonable accounting methods to account for those employers which are in a reimbursement in lieu of contributions category.
________
Assembly Bill No. 667Messrs. Jacobsen, Howard, Huff and Barengo
CHAPTER 498
AN ACT relating to county jails; allowing the movement of any county jail prisoner from one county to another within the discretion of the sheriffs of such counties; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 211.080 is hereby amended to read as follows:
211.080 1. [Whenever, from] If for any sufficient cause, [the] any sheriff [shall think] thinks it expedient that [the prisoners] any prisoner be removed from the jail in his county, [on application in writing to the governor by the sheriff, the governor may order the prisoners] upon consent of the sheriff or his duly authorized representative of any other county within the state, the sheriff of such other county may permit such prisoner to be removed to [some other] the jail [anywhere within the state,] in his county, to be detained there in the same manner and by the same process as in the jail from where [they were] such prisoner was removed, until remanded back by a similar process or discharged according to law.
κ1973 Statutes of Nevada, Page 735 (CHAPTER 498, AB 667)κ
be removed from the jail in his county, [on application in writing to the governor by the sheriff, the governor may order the prisoners] upon consent of the sheriff or his duly authorized representative of any other county within the state, the sheriff of such other county may permit such prisoner to be removed to [some other] the jail [anywhere within the state,] in his county, to be detained there in the same manner and by the same process as in the jail from where [they were] such prisoner was removed, until remanded back by a similar process or discharged according to law.
2. All expenses of removing and maintaining prisoners incurred under subsection 1 shall be defrayed by the county from which they were so removed.
________
Assembly Bill No. 659Messrs. Ashworth, Jacobsen, Lowman and Mello
CHAPTER 499
AN ACT to amend NRS 218.185, relating to sets of bills, resolutions, journals and history books, by increasing the cost of supplying such books.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.185 is hereby amended to read as follows:
218.185 1. During each session of the legislature, employees of the senate and assembly shall compile and prepare sets of bill, resolution, journal and history books for:
(a) The officers and members of the senate and assembly without cost to such persons.
(b) Selected staff members of the legislative counsel bureau without cost to such persons.
(c) The press room in the Legislative Building for use of accredited press representatives, but not more than four such sets of books shall be compiled and prepared without cost.
(d) Persons other than those enumerated in paragraphs (a), (b) and (c) upon application to the legislative counsel bureau and the payment of a fee of [$35.] $100.
2. All fees collected under the provisions of this section shall be deposited in the legislative fund in accordance with the provisions of NRS 353.250.
________
κ1973 Statutes of Nevada, Page 736κ
Assembly Bill No. 744Messrs. Torvinen and Fry
CHAPTER 500
AN ACT relating to divorce; eliminating certain grounds for divorce; eliminating the concept of fault in granting a divorce; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 125.010 is hereby amended to read as follows:
125.010 Divorce from the bonds of matrimony may be obtained for any of the following causes:
1. [Impotency at the time of the marriage continuing to the time of the divorce.
2. Adultery since the marriage, remaining unforgiven.
3. Willful desertion, at any time, of either party by the other, for the period of 1 year.
4. Conviction of felony or infamous crime.
5. Habitual gross drunkenness contracted since marriage, of either party, which shall incapacitate such party from contributing his or her share to the support of the family.
6. Extreme cruelty in either party.
7. Neglect of the husband, for the period of 1 year, to provide the common necessaries of life, when such neglect is not the result of poverty on the part of the husband which he could not avoid by ordinary industry.
8.] Insanity existing for 2 years prior to the commencement of the action. Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such action to give bond therefor in an amount to be fixed by the court.
[9.] 2. When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party.
[10.] 3. Incompatibility.
Sec. 2. NRS 125.120 is hereby amended to read as follows:
125.120 In any action for divorce when it [shall appear] appears to the court that [both husband and wife have been guilty of a wrong or wrongs which may constitute] grounds for [a] divorce [,] exist, the court [shall not for this reason deny a divorce, but] in its discretion may grant a divorce to [the party least in fault, if both parties seek a divorce, otherwise to the party seeking the divorce, even if such party be the party most at fault.] either party.
________
κ1973 Statutes of Nevada, Page 737κ
Assembly Bill No. 592Messrs. Bennett, Crawford and Banner
CHAPTER 501
AN ACT relating to cosmetology; expanding area of examinations for hairdressers and cosmeticians; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 644.240 is hereby amended to read as follows:
644.240 1. Examinations for certificates of registration as hairdressers and cosmeticians shall include:
(a) Practical demonstrations in shampooing the hair, hairdressing, hair styling, finger waving, hair coloring, manicuring, hot work, wig styling, makeup, thermal curling, processing, marcelling, facial massage, scalp massage with the hands, and cutting, trimming or shaping [the] hair. [of women and children.]
(b) Written or oral tests in antisepsis, sterilization, sanitation, and the use of mechanical apparatus and electricity as applicable to the practice of the occupations of a hairdresser and cosmetician.
2. The examinations may include such other demonstrations and tests as the board, in its discretion, may require.
________
Assembly Bill No. 267Messrs. Jacobsen, May, Smith, Glover, Young, Dini, Getto and Hafen
CHAPTER 502
AN ACT relating to land conservation; revising chapter 548 of NRS; creating a state conservation commission to replace the state soil conservation committee; establishing election and other procedures to be followed in the organization or dissolution of conservation districts; defining powers and duties; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 548 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Conservation district means a governmental subdivision of this state, and a public body corporate and politic, organized in accordance with the provisions of this chapter for the purposes, with the powers, and subject to the restrictions set forth in this chapter.
Sec. 3. Renewable natural resources or resources includes land, soil, water, vegetation, trees, natural landscape and open space.
Sec. 4. The commission shall meet regularly at quarterly intervals. Additional meetings may be held as required.
Sec. 5. The division of conservation districts in the state department of conservation and natural resources shall perform staff services for the commission in carrying out its responsibilities under this chapter.
κ1973 Statutes of Nevada, Page 738 (CHAPTER 502, AB 267)κ
of conservation and natural resources shall perform staff services for the commission in carrying out its responsibilities under this chapter.
Sec. 6. 1. The governing bodies of any incorporated cities located within the boundaries of the district shall appoint a representative to represent them as a supervisor on the governing board of the district.
2. If the cities cannot agree on one representative to serve as a supervisor, the commission shall choose the representative from the nominees proposed by the cities.
3. The governing bodies of any counties located within the boundaries of the district shall appoint a representative to represent them as a supervisor on the governing board of the district.
4. If the counties cannot agree on one representative to serve as a supervisor, the commission shall choose the representative from the nominees proposed by the several counties.
Sec. 7. 1. Any incorporated city not presently in a district may, by action of its governing body, request to be included in whole or in part within and made a part of an existing district.
2. The letter of request reflecting such action shall be directed to the board of supervisors of the affected district.
3. The board of supervisors at a regular meeting may approve or disapprove the request.
4. If the request is approved by the board of supervisors, the governing body of the city and the commission shall be notified and the city shall forthwith become a part of the district.
5. If the request is not approved by the board of supervisors, the governing body of the city and the commission shall be notified of the action.
Sec. 8. NRS 548.010 is hereby amended to read as follows:
548.010 This chapter may be known and cited as the [Soil] Conservation Districts Law.
Sec. 9. NRS 548.030 is hereby amended to read as follows:
548.030 [Committee] Commission means the [agency created in NRS 548.115.] state conservation commission.
Sec. 10. NRS 548.050 is hereby amended to read as follows:
548.050 Land occupier or occupier of land [includes] means any person, firm or corporation [who shall hold] which holds title to, or [shall be in] is in legal possession of, any lands lying within a district organized under the provisions of this chapter, whether as owner [, lessee, renter, tenant or otherwise.] or as lessee or tenant under a lease or rental agreement for a term of 1 year or longer, but does not include transient users.
Sec. 11. NRS 548.055 is hereby amended to read as follows:
548.055 Nominating petition means a petition filed under the provisions of NRS 548.250 and paragraph (b) of subsection 6 of 548.285 to nominate candidates for the office of supervisor of a [soil] conservation district.
Sec. 12. NRS 548.095 is hereby amended to read as follows:
548.095 It is hereby declared, as a matter of legislative determination:
1. [That the farm and grazing lands of the State of Nevada are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people.
κ1973 Statutes of Nevada, Page 739 (CHAPTER 502, AB 267)κ
are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people.
2. That improper land use practices have caused and have contributed to, and are now causing and contributing to, a progressively more serious erosion of the farm and grazing lands of this state by wind and water.
3. That the breaking of natural grass, plant and forest cover has interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus, and developing a soil condition that favors erosion.
4. That the topsoil is being blown and washed out of fields and pastures.
5. That there has been an accelerated washing of sloping fields.
6. That these processes of erosion by wind and water speed up with removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erosive subsoil.
7. That failure by any land occupier to conserve the soil and control erosion upon his lands causes a washing and blowing of soil and water from his lands onto other lands and makes the conservation of soil and control of erosion on such other lands difficult or impossible.] That the renewable natural resources of the State of Nevada are basic assets.
2. That they are being affected by the ever-increasing demands of farm and ranch operations and by changes in land use from agricultural to nonagricultural uses, such as, but not limited to, residential and commercial developments, highways and airports.
3. That conservation, protection, and controlled development of these renewable natural resources are necessary at such rate and such levels of quality as will meet the needs of the people of this state.
Sec. 13. NRS 548.100 is hereby amended to read as follows:
548.100 It is hereby declared, as a matter of legislative determination, that the consequences of [such soil erosion in the form of soil-blowing and soil-washing are:
1. The silting and sedimentation of stream channels, reservoirs, dams, ditches and harbors.
2. The loss of fertile soil material in duststorms.
3. The piling up of soil on lower slopes, and its deposit over alluvial plains.
4. The reduction of productivity or outright ruin of rich bottom lands by overwash of poor subsoil material, sand and gravel swept out of the hills.
5. Deterioration of soil and its fertility, deterioration of crops grown thereon, and declining acre yields despite development of scientific processes for increasing such yields.
6. Loss of soil and water, which causes destruction of food and cover for wildlife.
7. A blowing and washing of soil into streams, which silts over spawning beds and destroys water plants, diminishing the food supply of fish.
κ1973 Statutes of Nevada, Page 740 (CHAPTER 502, AB 267)κ
8. A diminishing of the underground water reserve, which causes water shortages, intensifies periods of drought, and causes crop failures.
9. An increase in the speed and volume of rainfall runoff, causing severe and increasing floods, which bring suffering, disease and death.
10. Impoverishment of families attempting to farm eroding and eroded lands.
11. Damage to roads, highways, railways, farm buildings and other property from floods and from duststorms.
12. Losses in navigation, hydroelectric power, municipal water supply, irrigation developments, farming and grazing.] failing to plan for and accomplish the conservation and controlled development of the renewable resources of the State of Nevada are to handicap economic development and cause degeneration of environmental conditions important to future generations.
Sec. 14. NRS 548.105 is hereby amended to read as follows:
548.105 It is hereby declared, as a matter of legislative determination, that [to conserve soil resources and control and prevent soil erosion, it is necessary:
1. That land use practices contributing to soil wastage and soil erosion be discouraged and discontinued, and appropriate soil-conserving land use practices be adopted and carried out.
2. That among the procedures necessary for widespread adoption are:
(a) The carrying on of engineering operations such as the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches and the like.
(b) The utilization of stripcropping, lister furrowing, contour cultivating, and contour furrowing.
(c) Land irrigation.
(d) Seeding and planting of waste, sloping, abandoned or eroded lands to water-conserving and erosion-preventing plants, trees and grasses.
(e) Forestation and reforestation.
(f) Rotation of crops.
(g) Soil stabilization with trees, grasses, legumes and other thick-growing, soil-holding crops.
(h) Retardation of runoff by increasing absorption of rainfall.
(i) Retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded.] persons in local communities are best able to provide basic leadership and direction for the planning and accomplishment of the conservation and development of renewable natural resources through organization and operation of conservation districts.
Sec. 15. NRS 548.110 is hereby amended to read as follows:
548.110 It is hereby declared to be the policy of the legislature to [provide for the conservation of the soil and soil resources of this state, and for the control and prevention of soil erosion, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands, and protect and promote the health, safety and general welfare of the people of this state.]
κ1973 Statutes of Nevada, Page 741 (CHAPTER 502, AB 267)κ
state.] recognize the ever-increasing demands on the renewable natural resources of the state and the need to conserve, protect and develop such resources at such levels of quality as will meet the needs of the people of the state.
Sec. 16. NRS 548.115 is hereby amended to read as follows:
548.115 1. There is hereby established, to serve as an agency of the state and to perform the functions conferred upon it in this chapter, the state [soil] conservation [committee.] commission.
2. [The committee shall consist of a chairman and six members.] The commission shall consist of nine members, two ex officio and seven appointed.
Sec. 17. NRS 548.120 is hereby amended to read as follows:
548.120 1. The following shall serve, ex officio, as members of the state [soil] conservation [committee:] commission:
(a) The dean of the Max C. Fleischmann College of Agriculture of the University of Nevada, Reno.
(b) The executive director of the state department of agriculture.
[(c) The director of the state department of conservation and natural resources.]
2. [The governor shall appoint four members from a list of 10 names of persons submitted to him by the Nevada Association of Soil Conservation Districts, not more than one of which persons shall reside in any one county or district, who are or shall have been farm operators within the State of Nevada, to serve with the members designated in subsection 1 as the state soil conservation committee.
3.] The ex officio members may appoint, in writing, alternates to attend any meeting of the [committee, and such] commission. Ex officio members or their alternates shall have full voting powers.
3. An ex officio member of the commission shall serve on the commission as long as he retains the office by virtue of which he is serving on the commission.
Sec. 18. NRS 548.125 is hereby amended to read as follows:
548.125 1. [An ex officio member of the committee shall hold office as long as he shall retain the office by virtue of which he shall be serving on the committee.
2. The term of office of an appointed member shall be for 2 years, or until a successor shall have been appointed] For the purposes of this section:
(a) Area 1 consists of Elko, Eureka, Humboldt, Lander and Pershing counties.
(b) Area 2 consists of Carson City and Churchill, Douglas, Lyon, Storey and Washoe counties.
(c) Area 3 consists of Clark, Esmeralda, Lincoln, Mineral, Nye and White Pine counties.
2. Not later than September 1, 1973, the Nevada association of conservation districts shall submit to the governor a list of at least 15 persons, no more than one of whom resides in any one county or conservation district. The list shall include five persons from each of the areas designated in subsection 1.
3. The governor shall appoint to the commission one person from each area for a term of 2 years, one person from each area for a term of 4 years, and a member at large, from any area, for a term of 4 years.
κ1973 Statutes of Nevada, Page 742 (CHAPTER 502, AB 267)κ
each area for a term of 2 years, one person from each area for a term of 4 years, and a member at large, from any area, for a term of 4 years. Upon the expiration of these initial terms, each member shall be appointed for a term of 4 years, except to fill a vacancy for the unexpired term.
4. At least 60 days prior to the expiration of each group of terms, the Nevada association of soil conservation districts shall submit to the governor a list of at least nine persons, no more than one of whom resides in any one county or conservation district. The list shall include three persons from each of the areas designated in subsection 1. The governor shall appoint a person from the same area to succeed each member whose term expires, except that the successor of the member at large may be from any area.
5. Any appointed member who fails to attend three consecutive, regular meetings of the commission shall, at the recommendation of the commission, be replaced for the balance of such members term of office.
6. Vacancies shall be filled by appointment by the governor from the names on the last list presented to him by the Nevada association of conservation districts.
Sec. 19. NRS 548.135 is hereby amended to read as follows:
548.135 The [committee] commission shall adopt a seal, which seal shall be judicially noticed.
Sec. 20. NRS 548.140 is hereby amended to read as follows:
548.140 The [committee] commission shall designate its chairman [, and may, from time to time, change such designation.] annually from among its appointed members.
Sec. 21. NRS 548.145 is hereby amended to read as follows:
548.145 1. The chairman and members of the [committee] commission shall receive no compensation for their services on the [committee,] commission, but shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the [committee.] commission, not to exceed amounts provided by law for state officials.
2. The director of the state department of conservation and natural resources shall include in his budget the funds necessary for the operating expenses of the commission.
Sec. 22. NRS 548.150 is hereby amended to read as follows:
548.150 A majority of the [committee] commission shall constitute a quorum, and the concurrence of a majority of the quorum in any matter within their duties shall be required for its determination.
Sec. 23. NRS 548.155 is hereby amended to read as follows:
548.155 1. The state [soil] conservation [committee] commission may employ [an administrative officer and such technical experts and such other agents and employees,] such personnel, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation, subject to the limitations of the laws of the State of Nevada.
2. The [committee shall] commission may provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property.
κ1973 Statutes of Nevada, Page 743 (CHAPTER 502, AB 267)κ
3. The [committee shall have authority to] commission may delegate to its chairman, to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem proper.
Sec. 24. NRS 548.160 is hereby amended to read as follows:
548.160 The [committee] commission may adopt and promulgate such rules and regulations as may be necessary for the execution of its functions under this chapter.
Sec. 25. NRS 548.165 is hereby amended to read as follows:
548.165 The [committee] commission shall:
1. Keep a full and accurate record of its official actions and all proceedings, and of all resolutions, regulations and orders issued or adopted.
2. Provide for an annual audit of the accounts of receipts and disbursements.
Sec. 26. NRS 548.170 is hereby amended to read as follows:
548.170 [The committee may:
1. Call upon the attorney general for such legal services as it may require; or
2. Employ its own counsel and legal staff.] The attorney general shall provide such legal services as the commission may require.
Sec. 27. NRS 548.175 is hereby amended to read as follows:
548.175 [In addition to the duties and powers conferred upon the state soil conservation committee in this chapter, it] The commission shall have the following duties and powers:
[1. To perform such acts and hold such public hearings as may be necessary for the execution of its functions under this chapter.
2. To offer such assistance as may be appropriate to the supervisors of soil conservation districts, organized as provided in this chapter, in the carrying out of any of their powers and programs.
3. To keep the supervisors of each of the several districts organized under the provisions of this chapter informed of the activities and experience of all other districts organized under this chapter, and to facilitate an interchange of advice and experience between such districts and cooperation between them.
4. To coordinate the programs of the several soil conservation districts organized under this chapter so far as this may be done by advice and consultation.
5. To secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state, in the work of such districts.
6. To disseminate information throughout the state concerning the activities and programs of the soil conservation districts organized under this chapter, and to encourage the formation of such districts in areas where their organization is desirable.]
1. Except as otherwise delegated by law, to carry out the policies of this state in programs at the state level for the conservation of the renewable natural resources of this state and to represent the state in matters affecting such resources.
2. To offer such assistance as may be appropriate to the supervisors of conservation districts in the carrying out of any of their powers and programs; to propose programs and to assist and guide districts in the preparation and carrying out of programs for resource conservation authorized under this chapter; to review district programs; to coordinate the programs of the several districts and resolve any conflicts in such programs; to facilitate, promote, assist, harmonize, coordinate and guide the resource conservation programs and activities of districts as they relate to other special purpose districts, counties and other public agencies.
κ1973 Statutes of Nevada, Page 744 (CHAPTER 502, AB 267)κ
programs; to propose programs and to assist and guide districts in the preparation and carrying out of programs for resource conservation authorized under this chapter; to review district programs; to coordinate the programs of the several districts and resolve any conflicts in such programs; to facilitate, promote, assist, harmonize, coordinate and guide the resource conservation programs and activities of districts as they relate to other special purpose districts, counties and other public agencies.
3. To keep the supervisors of each of the several districts informed of the activities and experience of all other districts organized pursuant to this chapter, and to facilitate an interchange of advice and experience among such districts and promote cooperation among them.
4. To secure the cooperation and assistance of the United States, any of its agencies and of other agencies of this state in the work of conservation districts.
5. To serve, along with conservation districts, as the official state agency for cooperating with the soil conservation service of the United States Department of Agriculture in carrying on conservation operations within the boundaries of conservation districts as created under this chapter.
6. To enlist the cooperation and collaboration of state, federal, interstate, local, public and private agencies with the conservation districts and to facilitate arrangements under which the conservation districts may serve county governing bodies and other agencies as their local operating agencies in the administration of any activity concerned with the conservation and use of renewable natural resources.
7. To make available information concerning the needs and the work of the districts and the commission to the director of the department of conservation and natural resources, the legislature, executive agencies and political subdivisions of this state, cooperating federal agencies and the general public.
8. To cooperate with and give such assistance as may be requested by cities, counties, irrigation districts, and other special purpose districts in the State of Nevada for the purpose of cooperating with the United States through the Secretary of Agriculture in the furtherance of conservation, pursuant to the provisions of the Watershed Protection and Flood Prevention Act, 16 U.S.C. §§ 1001 to 1007, inclusive, and the requirements of other special programs of the United States Department of Agriculture.
9. Pursuant to procedures developed mutually by the commission and federal, state, and local agencies that are authorized to plan or administer activities significantly affecting the conservation and use of renewable natural resources, to receive from such agencies, for review and comment, suitable descriptions of their plans, programs, and activities for purposes of coordination with the district conservation programs; to arrange for and participate in conferences necessary to avoid conflict among such plans and programs, to call attention to omissions, and to avoid duplication of effort.
10. To submit a report thereof to the director whenever the commission determines that there exists a substantial conflict between the resources conservation program of a district and the proposed plans or activities directly affecting resource conservation prepared by any other local government unit or agency of this state.
κ1973 Statutes of Nevada, Page 745 (CHAPTER 502, AB 267)κ
activities directly affecting resource conservation prepared by any other local government unit or agency of this state.
11. By commission administrative order, upon the written request of the board of supervisors of the conservation district or districts involved, with a showing that such request has been approved by a majority vote of the members of each of the boards involved:
(a) To transfer lands from one district established under the provisions of this chapter to another.
(b) To divide a single district into two or more districts, each of which shall, thereafter, operate as a separate district under the provisions of this chapter.
(c) To consolidate two or more districts established under the provisions of this chapter, which consolidated area shall operate thereafter as a single district under the provisions of this chapter.
(d) To inform the secretary of state of any action taken pursuant to this subsection for his approval of any new name and the appropriate entry in his records of the changes made.
12. To authorize the change of name of any district, upon receipt by the commission of a resolution by the board of supervisors of the district for such change and to present the resolution to the secretary of state for processing and recording in accordance with the provisions of NRS 548.240.
Sec. 28. NRS 548.180 is hereby amended to read as follows:
548.180 Upon request of the [committee,] commission, for the purpose of carrying out any of its functions, the supervising officer of any state agency, or of any state institution of learning, shall, insofar as may be possible under available appropriation and having due regard to the needs of the agency to which the request is directed, assign or detail to the [committee] commission members of the staff or personnel of such agency or institution of learning, and make such special reports, surveys or studies as the [committee] commission may request.
Sec. 29. NRS 548.185 is hereby amended to read as follows:
548.185 1. Any 10 occupiers of land lying within the limits of the territory proposed to be organized into a district may file a petition with the state [soil] conservation [committee] commission asking that a [soil] conservation district be organized to function in the territory described in the petition.
2. The petition shall set forth:
(a) The proposed name of the district.
(b) That there is need, in the interest of public health, safety and welfare, for a [soil] conservation district to function in the territory described in the petition.
(c) A description of the territory proposed to be organized as a district, which description shall not be required to be given by metes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate.
(d) A request that the state [soil] conservation [committee] commission duly define the boundaries for such district.
(e) A request that a referendum be held within the territory so defined on the question of the creation of a [soil] conservation district in such territory, and that the [committee] commission determine that such a district be created.
κ1973 Statutes of Nevada, Page 746 (CHAPTER 502, AB 267)κ
on the question of the creation of a [soil] conservation district in such territory, and that the [committee] commission determine that such a district be created.
3. Where more than one petition is filed covering parts of the same territory, the state [soil] conservation [committee] commission may consolidate all or any such petitions.
Sec. 30. NRS 548.190 is hereby amended to read as follows:
548.190 1. Within 30 days after such a petition has been filed with the state [soil] conservation [committee, the committee] commission, it shall cause due notice to be given of a proposed hearing upon:
(a) The question of the desirability and necessity, in the interest of the public health, safety and welfare, of the creation of such district.
(b) The question of the appropriate boundaries to be assigned to such district.
(c) The propriety of the petition and other proceedings taken under this chapter.
(d) All questions relevant to such inquiries.
2. All occupiers of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all other interested persons, shall have the right to attend such hearings and to be heard.
3. If it shall appear upon the hearing that it may be desirable to include, within the proposed district, territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district, and such further hearing shall be held.
Sec. 31. NRS 548.195 is hereby amended to read as follows:
548.195 1. After such hearing, if the [committee] commission shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety and welfare, for a [soil] conservation district to function in the territory considered at the hearing, the [committee] commission shall make and record such determination, and shall define by metes and bounds or by legal subdivisions the boundaries of such district.
2. In making such determination and in defining such boundaries, the [committee] commission shall give due weight and consideration to:
(a) The topography of the area considered and of the state.
(b) The composition of soils therein.
(c) The distribution of erosion.
(d) The prevailing land use practices.
(e) The desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries.
(f) The relation of the proposed area to existing watersheds and agricultural regions, and to other [soil] conservation districts already organized or proposed for organization under the provisions of this chapter.
(g) Such other physical, geographical and economic factors as are relevant, having due regard to the legislative determinations set forth in NRS 548.095 to 548.110, inclusive.
κ1973 Statutes of Nevada, Page 747 (CHAPTER 502, AB 267)κ
relevant, having due regard to the legislative determinations set forth in NRS 548.095 to 548.110, inclusive.
3. The territory to be included within such boundaries need not be contiguous.
4. After consideration of the petition and of any other evidence of interest in the organization of a district, and of the relevant factors regarding the need for a district to function in the territory being considered, the state [soil] conservation [committee] commission may make the determination of such need without holding a hearing.
Sec. 32. NRS 548.200 is hereby amended to read as follows:
548.200 1. If the [committee] commission shall determine after the hearing and after due consideration of the relevant facts that there is no need for a [soil] conservation district to function in the territory considered at the hearing, the [committee] commission shall make and record such determination and shall deny the petition.
2. After 6 months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same territory may be filed and new hearings held and determinations made thereon.
Sec. 33. NRS 548.205 is hereby amended to read as follows:
548.205 1. After the [committee] commission has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, the [committee] commission shall consider the question whether the operation of a district within such boundaries with the powers conferred upon [soil] conservation districts in this chapter is administratively practicable and feasible.
2. To assist the [committee] commission in the determination of such administrative practicability and feasibility, the [committee] commission shall, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof, hold a referendum within the proposed district upon the proposition of the creation of the district, and shall cause due notice of such referendum to be given.
3. The question shall be submitted by ballots upon which the words For creation of a [soil] conservation district of the lands below described and lying in the county(ies) of .. and .. and Against creation of a [soil] conservation district of the lands below described and lying in the county(ies) of .. and .. shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of the propositions, as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the [committee.] commission.
4. All occupiers of lands lying within the boundaries of the territory, as determined by the state [soil] conservation [committee,] commission, shall be eligible to vote in such referendum. Only such land occupiers shall be eligible to vote.
Sec. 34. NRS 548.210 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 748 (CHAPTER 502, AB 267)κ
548.210 1. The [committee] commission shall:
(a) Pay all expenses for the issuance of such notices and the conduct of such hearings and referendum.
(b) Supervise the conduct of such hearings and referendum.
(c) Issue appropriate regulations governing the conduct of such hearings and referendum, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum.
2. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice thereof shall have been given substantially as provided in this chapter and the referendum shall have been fairly conducted.
Sec. 35. NRS 548.215 is hereby amended to read as follows:
548.215 1. The [committee] commission shall publish the result of the referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible.
2. If the [committee] commission shall determine that the operation of such district is not administratively practicable and feasible, the [committee] commission shall record such determination and deny the petition.
3. If the [committee] commission shall determine that the operation of the district is administratively practicable and feasible, the [committee] commission shall record such determination and shall proceed with the organization of the district in the manner provided in this chapter. The [committee] commission shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district.
4. In making such determination, the [committee] commission shall give due regard and weight to:
(a) The attitudes of the occupiers of lands lying within the defined boundaries.
(b) The number of land occupiers eligible to vote in such referendum who shall have voted.
(c) The proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast.
(d) The approximate wealth and income of the land occupiers of the proposed district.
(e) The probable expense of carrying on erosion-control operations within such district.
(f) Such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in NRS 548.095 to 548.110, inclusive.
Sec. 36. NRS 548.220 is hereby amended to read as follows:
548.220 After 6 months shall have expired from the date of entry of a determination by the state [soil] conservation [committee] commission that operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed and action taken thereon in accordance with the provisions of this chapter.
κ1973 Statutes of Nevada, Page 749 (CHAPTER 502, AB 267)κ
a determination by the state [soil] conservation [committee] commission that operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed and action taken thereon in accordance with the provisions of this chapter.
Sec. 37. NRS 548.225 is hereby amended to read as follows:
548.225 1. If the [committee shall determine] commission determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, the [committee] commission shall appoint two supervisors to act as the governing body of the district until the time of the election of five supervisors by the qualified electors of the district, at which time such appointments shall be terminated.
2. The two supervisors appointed by the [committee] commission shall be persons who are by training and experience qualified to perform the specialized, skilled services which will be required of them in the performance of their duties hereunder.
Sec. 38. NRS 548.235 is hereby amended to read as follows:
548.235 1. The two appointed supervisors shall present to the secretary of state an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals):
(a) That a petition for the creation of the district was filed with the state [soil] conservation [committee] commission pursuant to the provisions of this chapter, and that the proceedings specified in this chapter were taken pursuant to such petition.
(b) That the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter.
(c) That the [committee] commission has appointed them as supervisors.
(d) The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office.
(e) The term of office of each of the supervisors.
(f) The name which is proposed for the district.
(g) The location of the principal office of the supervisors of the district.
2. The application shall be subscribed and sworn to by each of the supervisors before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the supervisors and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officers presence.
3. The application shall be accompanied by a statement by the state [soil] conservation [committee,] commission, which shall certify (and such statement need contain no detail other than the mere recitals):
(a) That a petition was filed, notice issued and hearing held as required by this chapter.
(b) That the [committee] commission did duly determine that there is need, in the interest of the public health, safety and welfare, for a [soil] conservation district to function in the proposed territory and did define the boundaries thereof.
κ1973 Statutes of Nevada, Page 750 (CHAPTER 502, AB 267)κ
[soil] conservation district to function in the proposed territory and did define the boundaries thereof.
(c) That notice was given and a referendum held on the question of the creation of such district, and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district.
(d) That thereafter the [committee] commission did duly determine that the operation of the proposed district is administratively practicable and feasible.
4. The statement shall set forth the boundaries of the district as they have been defined by the [committee.] commission.
Sec. 39. NRS 548.240 is hereby amended to read as follows:
548.240 1. The secretary of state shall examine the application and statement, and if he finds that the name proposed for the district is not identical with that of any other [soil] conservation district of this state or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them, and shall record them in an appropriate book of record in his office.
2. If the secretary of state shall find that the name proposed for the district is identical with that of any other [soil] conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the state [soil] conservation [committee. The committee] commission. The commission shall thereupon submit to the secretary of state a new name for the district, which shall not be subject to such defects. Upon receipt of such new name, free of such defects, the secretary of state shall record the application and statement, with the name so modified, in an appropriate book of record in his office.
3. When the application and statement have been made, filed and recorded as herein provided, the district shall constitute a governmental subdivision of this state and a public body corporate and politic.
4. The secretary of state shall make and issue to the supervisors a certificate, under the seal of the state, of the due organization of the district, and shall record such certificate with the application and statement.
5. The boundaries of such district shall include the territory as determined by the state [soil] conservation [committee,] commission, but in no event shall they include any area included within the boundaries of another [soil] conservation district organized under the provisions of this chapter.
Sec. 40. NRS 548.250 is hereby amended to read as follows:
548.250 1. Within 30 days after the date of issuance by the secretary of state of a certificate of organization of a [soil] conservation district, nominating petitions may be filed with the state [soil] conservation [committee] commission to nominate candidates for supervisors at large of such district.
2. The [committee] commission shall have authority to extend the time within which nominating petitions may be filed.
3. No such nominating petition shall be accepted by the [committee] commission unless it shall be subscribed by three or more occupiers of land lying within the boundaries of such district.
κ1973 Statutes of Nevada, Page 751 (CHAPTER 502, AB 267)κ
4. Land occupiers may sign more than one such nominating petition to nominate more than one candidate for supervisor.
Sec. 41. NRS 548.255 is hereby amended to read as follows:
548.255 The [committee] commission shall give due notice of an election to be held for the election of five supervisors for the district.
Sec. 42. NRS 548.265 is hereby amended to read as follows:
548.265 All owners of record and all [tenants for a term of 1 year or longer of agricultural lands] occupiers of land lying within the district shall be eligible to vote in such election. [only such land occupiers shall be eligible to vote.]
Sec. 43. NRS 548.270 is hereby amended to read as follows:
548.270 The [committee] commission shall:
1. Supervise the conduct of such election.
2. Prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein.
3. Publish the results thereof.
Sec. 44. NRS 548.275 is hereby amended to read as follows:
548.275 [The three candidates who shall receive the largest number, respectively, of the votes cast in such election shall be the supervisors for such district for the terms of 3 years each, and the candidates receiving the fourth and fifth highest number of votes shall be supervisors for terms of 2 years and 1 year, respectively.]
1. In the initial election, two terms of 4 years each and single terms of 3 years, 2 years and 1 year respectively shall be allocated among the candidates in descending order of number of votes received.
2. Supervisors who receive an equal number of votes shall draw lots to determine their terms.
3. After the initial election, one supervisor shall be elected each year for a term of 4 years.
Sec. 45. NRS 548.280 is hereby amended to read as follows:
548.280 [The governing body of the district shall consist of five supervisors elected or appointed as provided in this chapter.] Each district shall be governed by a board consisting of five supervisors elected at large and one or two appointed supervisors, as provided in this chapter.
Sec. 46. NRS 548.285 is hereby amended to read as follows:
548.285 [l. The county clerk of the county in which a soil conservation district is situated shall conduct an annual election for the replacing of any supervisors whose terms have expired and shall pay all costs of such election from county funds.
2. Such elections shall be held during the period November 15 to March 31 of each year.
3. The county clerk shall give public notice of such election by publication or written notice individually mailed to all qualified electors not less than 10 days in advance of the date of election.
4. The election shall be held at a mass meeting of electors in a centrally located public meeting place within the district. The chairman of the district supervisors shall preside at this meeting and the secretary of the soil conservation district shall keep a record of transactions at the meeting.
κ1973 Statutes of Nevada, Page 752 (CHAPTER 502, AB 267)κ
5. Nominations shall be made verbally and voting shall be by secret ballot. The chairman of the district supervisors shall appoint five of the electors present to act, without pay, as judges and tellers.
6. The result of the election shall be certified to the state soil conservation committee and to the secretary of state within 1 week following the date of election.
7. If a soil conservation district embodies land lying in more than one county, the county clerks of the respective counties shall confer and delegate to the clerk of the county having the greatest number of qualified soil conservation district electors the duty of carrying out the provisions of this section, and shall reimburse the latter mentioned county on a pro rata basis for their respective counties shares of the expenses of conducting the election.]
1. The county clerk of the county in which a conservation district is situated, or his designee, shall conduct an annual election for the replacing of any supervisors whose terms are about to expire or have expired and shall pay all costs of such election from county funds.
2. Such an election shall be held within a period of 30 days before or after the date of expiration of a supervisors term.
3. The county clerk shall give public notice of such election by publication in a newspaper of general circulation, or by written notice, individually mailed to all qualified electors, not less than 10 days in advance of the date of election.
4. The election shall be held either at a mass meeting of electors held in a centrally located public meeting place within the district, or at one or more public polling places conveniently located within the district and available at no cost.
5. If the election is held at a mass meeting:
(a) The chairman of the district supervisors shall preside at this meeting and the secretary of the district shall keep a record of transactions at the meeting.
(b) Nominations of candidates shall be made verbally from the floor.
(c) Voting shall be by secret ballot. The chairman of the district supervisors shall appoint three electors present to act, without pay, as judges and tellers to count the votes at the conclusion of voting.
6. If the election is held at public polling places:
(a) Each such place shall be open to electors for a period of at least 6 hours between the hours of 9:00 A.M. and 6:00 P.M. on the day of election. The locations and the hours the polls will be open shall be included in the public notice of the election. An attendant, serving without pay, and a sealed ballot box shall be provided at each polling place during the period the polls are open.
(b) The chairman of the district supervisors shall appoint a nominating committee which shall present to the chairman the name or names of qualified candidates. Any qualified elector of the district desiring to be a candidate for supervisor may file with the district a nomination petition at least 10 days prior to the election, subscribed by at least three occupiers of land lying within the boundaries of the district. Names of all such qualified candidates shall be included on the ballot.
κ1973 Statutes of Nevada, Page 753 (CHAPTER 502, AB 267)κ
(c) Ballots shall be provided bearing the names of candidates in alphabetical order by surnames with a square before each name and a direction to insert an X mark in the square before the name or names of the voters choice.
(d) At the close of polling, the sealed ballot boxes shall be delivered unopened to the county clerk or his designee, who shall appoint three electors to act, without pay, as judges and tellers to open the boxes and count the votes.
7. The result of the election shall be certified to the state conservation commission and to the secretary of state by the county clerk or his designee, within 1 week following the date of election.
8. If a conservation district embodies land lying in more than one county, the county clerks of the respective counties shall confer and delegate to the clerk of the county having the greatest number of qualified conservation district electors the duty of carrying out the provisions of this section and shall reimburse such county on a pro rata basis for their respective counties shares of the expenses of conducting the election.
9. At the first annual election in a district after July 1, 1973, five supervisors shall be elected in accordance with the provisions of this section and NRS 548.290 in order to accomplish the transition to five elected supervisors with staggered terms.
Sec. 47. NRS 548.290 is hereby amended to read as follows:
548.290 1. The term of office of each [supervisor shall be 3 years, except that two of the supervisors who are first elected as provided in NRS 548.275 shall be designated to serve for terms of 1 year and 2 years, respectively, from the date of their election.] elected supervisor shall be 4 years, except the shorter initial terms provided in NRS 548.275.
2. Each supervisor who is appointed under the provisions of section 6 of this act shall serve for a term of 2 years.
[2.] 3. A supervisor shall hold office until his [sucecssor] successor has been elected or appointed and has qualified.
Sec. 48. NRS 548.295 is hereby amended to read as follows:
548.295 1. Vacancies shall be filled for the unexpired term within 2 weeks of the occurrence of the vacancy, by appointment by the remaining supervisors of the district.
2. The chairman of the district governing body shall certify all such appointments immediately to the state [soil] conservation [committee] commission and to the secretary of state.
Sec. 49. NRS 548.300 is hereby amended to read as follows:
548.300 Any elected supervisor may be removed by the state [soil] conservation [committee,] commission, upon notice and hearing, for [neglect of duty or] malfeasance in office [, but for no other reason.] or neglect of duty, evidenced by absence from four consecutive meetings without sufficient cause.
Sec. 50. NRS 548.305 is hereby amended to read as follows:
548.305 A majority of the supervisors shall constitute a quorum, and the concurrence of a majority of the quorum in any matter within their duties shall be required for their determination.
Sec. 51. NRS 548.310 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 754 (CHAPTER 502, AB 267)κ
548.310 A supervisor shall receive no compensation for his services, but he shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his duties [.] , not to exceed amounts provided by law for county officials.
Sec. 52. NRS 548.315 is hereby amended to read as follows:
548.315 1. The supervisors shall designate a chairman and may, from time to time, change such designation.
2. The supervisors may employ a secretary, technical experts, and such other officers, agents and employees, permanent and temporary, as they may require, and shall determine their qualifications, duties and compensation.
3. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents or employees such powers and duties as they may deem proper.
4. The supervisors [shall] may provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property.
Sec. 53. NRS 548.325 is hereby amended to read as follows:
548.325 [The supervisors may call upon the attorney general for such legal services as they may require, or may employ their own counsel and legal staff.] District attorneys shall provide such legal services as the supervisors may require.
Sec. 54. NRS 548.330 is hereby amended to read as follows:
548.330 The supervisors shall furnish to the state [soil] conservation [committee,] commission, upon request:
1. Copies of such ordinances, rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ; and
2. Such other information concerning their activities as the [committee] commission may require in the performance of its duties under this chapter.
Sec. 55. NRS 548.340 is hereby amended to read as follows:
548.340 A [soil] conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state and a public body corporate and politic, exercising public powers.
Sec. 56. NRS 548.345 is hereby amended to read as follows:
548.345 In addition to other powers granted in this chapter, a district and the supervisors thereof shall have the power to conduct surveys, investigations and research relating to the [character of soil erosion] conservation of renewable natural resources and the preventive and control measures needed, to publish the results of such surveys, investigations or research, and to disseminate information concerning such preventive and control measures; but in order to avoid duplication of research activities no district shall initiate any research program except in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies.
Sec. 57. NRS 548.350 is hereby amended to read as follows:
548.350 In addition to other powers granted in this chapter, a district and the supervisors thereof shall have the power to conduct demonstrational projects within the district on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district, upon obtaining the consent of the occupier of such lands or the necessary rights or interests in such lands, in order to demonstrate by example the means, methods and measures by which [soil and soil resources may be conserved, and soil erosion in the form of soil-blowing and soil-washing may be prevented and controlled.]
κ1973 Statutes of Nevada, Page 755 (CHAPTER 502, AB 267)κ
by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district, upon obtaining the consent of the occupier of such lands or the necessary rights or interests in such lands, in order to demonstrate by example the means, methods and measures by which [soil and soil resources may be conserved, and soil erosion in the form of soil-blowing and soil-washing may be prevented and controlled.] renewable natural resources may be conserved.
Sec. 58. NRS 548.355 is hereby amended to read as follows:
548.355 In addition to other powers granted in this chapter, a district and the supervisors thereof shall have the power to carry out preventive and control measures within the district, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation [,] and changes in use of land, [and the measures listed in NRS 548.105,] on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district, upon obtaining the consent of the occupier of such lands or the necessary rights or interests in such lands.
Sec. 59. NRS 548.360 is hereby amended to read as follows:
548.360 In addition to other powers granted in this chapter, a district and the supervisors thereof shall have the power to cooperate or enter into agreements with and, within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district, in [the carrying on of erosion-control and prevention operations] conserving renewable natural resources within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this chapter.
Sec. 60. NRS 548.365 is hereby amended to read as follows:
548.365 In addition to other powers granted in this chapter, a district and the supervisors thereof shall have the power to make available, on such terms as it shall prescribe, to land occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment as will assist such land occupiers in carrying on operations upon their lands for the conservation of [soil resources and for the prevention and control of soil erosion.] renewable natural resources.
Sec. 61. NRS 548.370 is hereby amended to read as follows:
548.370 In addition to other powers granted in this chapter, a district and the supervisors thereof shall have the power to construct, operate, improve and maintain such facilities and structures as may be necessary or convenient for the performance of any of the operations authorized in this chapter.
Sec. 62. NRS 548.375 is hereby amended to read as follows:
548.375 In addition to other powers granted in this chapter, a district and the supervisors thereof shall have the power:
1. To develop comprehensive plans for the conservation of [soil resources and for the control and prevention of soil erosion] renewable natural resources within the district, which plans shall specify in such detail as may be possible the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in the use of land; and
κ1973 Statutes of Nevada, Page 756 (CHAPTER 502, AB 267)κ
natural resources within the district, which plans shall specify in such detail as may be possible the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in the use of land; and
2. To publish such plans and information and bring them to the attention of occupiers of lands within the district.
Sec. 63. NRS 548.380 is hereby amended to read as follows:
548.380 In addition to other powers granted in this chapter, a district and the supervisors thereof shall have the power:
1. To [take over, by purchase, lease or otherwise, and to administer any soil-conservation, erosion-control or erosion-prevention] manage or administer any renewable natural resource conservation project located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies.
2. [To manage, as agent of the United States or any of its agencies, or of this state or any of its agencies, any soil-conservation, erosion-control or erosion-prevention project within its boundaries.
3.] To act as agent for the United States, or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation or administration of any [soil-conservation, erosion-control or erosion-prevention] renewable natural resource conservation project within its boundaries.
[4.] 3. To accept donations, gifts and contributions in money, services, materials or otherwise from the United States or any of its agencies, or from this state or any of its agencies, and to use or expend such moneys, services, materials or other contributions in carrying on its operations.
4. To participate in cost-sharing on federally financed projects.
Sec. 64. NRS 548.400 is hereby amended to read as follows:
548.400 1. The supervisors of any two or more districts organized under the provisions of this chapter may cooperate with and enter into agreements with one another in the exercise of any or all powers conferred in this chapter.
2. Any district may enter into such agreements with a district or districts in adjoining states to carry out such purposes if the law in the other states permits the districts in the states to enter into the agreements.
Sec. 65. NRS 548.410 is hereby amended to read as follows:
548.410 [1. The supervisors of any district shall have authority to formulate regulations governing the use of lands within the district in the interest of conserving soil and soil resources and preventing and controlling soil erosion.
2. The supervisors may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist them in this work.
3. The supervisors shall not have authority to enact such land use regulations into law:
(a) Until after they shall have caused due notice to be given of their intention to conduct a referendum for submission of such regulations to the occupiers of lands lying within the boundaries of the district for their indication of approval or disapproval of such proposed regulations; and
κ1973 Statutes of Nevada, Page 757 (CHAPTER 502, AB 267)κ
the occupiers of lands lying within the boundaries of the district for their indication of approval or disapproval of such proposed regulations; and
(b) Until after the supervisors have considered the result of such referendum.]
1. The supervisors of any district may file petitions with the state conservation commission at any time to request it to formulate land use regulations applicable to the district.
2. The commission shall prescribe the form of the petition, which shall be, as nearly as practicable, in the form prescribed in this chapter for petitions to organize a district.
3. The state conservation commission shall have authority to formulate regulations, based upon the petition, governing the use of lands within a district in the interest of conserving renewable natural resources and preventing and controlling soil erosion and sedimentation.
4. The commission shall conduct, after due notice, public meetings and public hearings within the district or districts concerned upon such regulations as it deems necessary to assist it in consideration thereof.
5. The commission shall determine, on the basis of information presented in the petition or brought out in public hearings, and on the basis of the number of petitioners in relation to the total number of occupiers of land lying within the district, whether it can render a reasonable determination of approval or denial of the petition without holding a referendum, or whether a referendum shall be held.
Sec. 66. NRS 548.415 is hereby amended to read as follows:
548.415 If a referendum is to be held:
1. The proposed regulations shall be embodied in a proposed ordinance.
2. Copies of such proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of such notice and the date of the referendum.
3. The notices of the referendum shall recite the contents of such proposed ordinance, or shall state where copies of such proposed ordinance can be examined.
4. The question shall be submitted by ballots, upon which the words For approval of proposed ordinance No. ., prescribing land use regulations for conservation of soil and prevention of erosion and Against approval of proposed ordinance No. ., prescribing land use regulations for conservation of soil and prevention of erosion shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of the propositions as the voter may favor or oppose approval of such proposed ordinance.
5. The [supervisors] commission shall supervise such referendum, shall prescribe appropriate regulations governing the conduct thereof, and shall publish the result thereof.
6. All occupiers of lands within the district shall be eligible to vote in such referendum. Only such land occupiers shall be eligible to vote.
7. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice thereof shall have been given substantially as provided in this chapter and the referendum shall have been fairly conducted.
κ1973 Statutes of Nevada, Page 758 (CHAPTER 502, AB 267)κ
Sec. 67. NRS 548.420 is hereby amended to read as follows:
548.420 1. The [supervisors] commission shall not have authority to enact such proposed ordinance into law unless at least a majority of the votes cast in such referendum shall have been cast for approval of the proposed ordinance.
2. The approval of the proposed ordinance by a majority of the votes cast in such referendum shall not be deemed to require the [supervisors] commission to enact such proposed ordinance into law.
3. Land use regulations prescribed in ordinances adopted pursuant to the provisions of NRS 548.410 to 548.435, inclusive, by the [supervisors of any district] commission shall have the force and effect of law in the conservation district and shall be binding and obligatory upon all occupiers of lands within such district.
Sec. 68. NRS 548.425 is hereby amended to read as follows:
548.425 1. Any occupier of land within such district may at any time file a petition with the [supervisors] commission asking that any or all of the land use regulations prescribed in any ordinance adopted by the [supervisors] commission under the provisions of NRS 548.410 to 548.435, inclusive, shall be amended, supplemented or repealed.
2. Land use regulations prescribed in any ordinance adopted pursuant to the provisions of NRS 548.410 to 548.435, inclusive, shall not be amended, supplemented or repealed except in accordance with the procedure prescribed in NRS 548.410 to 548.435, inclusive, for adoption of land use regulations.
3. Referenda on adoption, amendment, supplementation or repeal of land use regulations shall not be held more often than once in 6 months.
Sec. 69. NRS 548.430 is hereby amended to read as follows:
548.430 The regulations to be adopted by the [supervisors] commission under the provisions of NRS 548.410 to 548.435, inclusive, may include:
1. Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dikes, dams, ponds, ditches and other necessary structures.
2. Provisions requiring observance of particular methods of cultivation, including contour cultivation, contour furrowing, lister furrowing, sowing, planting, stripcropping, seeding, and planting of lands to water-conserving and erosion-preventing plants, trees and grasses, forestation, and reforestation.
3. Specifications of cropping programs and tillage practices to be observed.
4. Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on.
5. Provisions for such other means, measures, operations, and programs as may assist conservation of [soil] renewable natural resources and prevent or control soil erosion and sedimentation in the conservation district, having due regard to the legislative findings set forth in NRS 548.095 to 548.110, inclusive.
Sec. 70. NRS 548.435 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 759 (CHAPTER 502, AB 267)κ
548.435 1. The regulations shall be uniform throughout the territory comprising the land use district, except that the [supervisors] commission may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type.
2. Copies of land use regulations adopted under the provisions of NRS 548.410 to 548.435, inclusive, shall be printed and made available to all occupiers of lands lying within the district.
Sec. 71. NRS 548.440 is hereby amended to read as follows:
548.440 1. The commission or supervisors shall have authority to go upon any lands within the land use district to determine whether land use regulations adopted under the provisions of NRS 548.410 to 548.435, inclusive, are being observed.
2. [Any person, firm or corporation who shall violate any of such regulations shall be punished by a fine of $25.
3. The supervisors are] The commission is authorized to provide by ordinance that any land occupier who shall sustain damages from any violation of such regulations by any other land occupier may recover damages at law from such other land occupier for such violation.
Sec. 72. NRS 548.445 is hereby amended to read as follows:
548.445 1. Where the [supervisors of any district] commission shall find that any of the provisions of land use regulations prescribed in an ordinance adopted in accordance with the provisions of NRS 548.410 to 548.435, inclusive, are not being observed on particular lands, and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control or erosion on other lands within [the] a land use district, the [supervisors] commission may present to the district court [in and for the county in which the districts office is situated] having jurisdiction a petition, duly verified:
(a) Setting forth the adoption of the ordinance prescribing land use regulations, the failure of the defendant land occupier to observe such regulations, and to perform particular work, operations or avoidances as required thereby, and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control or erosion on other lands within the land use district; and
(b) Praying the court to require the defendant to perform the work, operations or avoidances within a reasonable time and to order that, if the defendant shall fail so to perform, the [supervisors] commission may go on the land, perform the work or other operations or otherwise bring the condition of such lands into conformity with the requirements of such regulations, and recover the costs and expenses thereof, with interest, from the occupier of such land.
2. In all cases where the person, in possession of lands, who shall fail to perform such work, operations or avoidances shall not be the owner, the owner of such lands shall be joined as a party defendant.
Sec. 73. NRS 548.450 is hereby amended to read as follows:
548.450 1. Upon the presentation of the petition, the court shall cause process to be issued against the defendant, and shall hear the case.
κ1973 Statutes of Nevada, Page 760 (CHAPTER 502, AB 267)κ
2. If it shall appear to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a master to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
3. The court may dismiss the petition; or it may require the defendant to perform the work, operations or avoidances, and may provide that upon the failure of the defendant to initiate such performance within the time specified in the order of the court, and to prosecute the same to completion with reasonable diligence, the [supervisors] commission may enter upon the lands involved and perform the work or operations or otherwise bring the condition of such lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest at the rate of 5 percent per annum, from the occupier of such lands.
Sec. 74. NRS 548.455 is hereby amended to read as follows:
548.455 1. The court shall retain jurisdiction of the case until after the work has been completed.
2. Upon completion of such work pursuant to such order of the court, the [supervisors] commission may file a petition with the court, a copy of which shall be served upon the defendant in the case, stating the costs and expenses sustained by them in the performance of the work and praying judgment therefor with interest.
3. The court shall have jurisdiction to enter judgment for the amount of such costs and expenses, with interest at the rate of 5 percent per annum until paid, together with the costs of suit, including a reasonable attorneys fee to be fixed by the court.
4. The [supervisors] commission shall have further authority to certify to the county recorder of the county or counties in which any of the lands of the land use district are situated the amount of such judgment, which shall be a lien upon such lands, and shall be collected as general taxes upon real property are collected. The procedure for collection of delinquent general taxes upon real property shall be applicable to the collection of such judgments. When such judgment shall be paid or collected, the proceeds shall be paid over to the [district within the boundaries of which the lands shall lie.] commission.
Sec. 75. NRS 548.460 is hereby amended to read as follows:
548.460 Where the [supervisors of any district organized under the provisions of this chapter] commission shall adopt an ordinance prescribing land use regulations in accordance with the provisions of NRS 548.410 to 548.435, inclusive, they shall further provide by ordinance for the establishment of a board of adjustment.
Sec. 76. NRS 548.465 is hereby amended to read as follows:
548.465 1. The board of adjustment shall consist of three members appointed by the state [soil] conservation [committee,] commission, with the advice and approval of the supervisors of the district or districts for which the board has been established.
2. Each member shall be appointed for a term of 3 years, except that the members first appointed shall be appointed for terms of 1, 2 and 3 years, respectively.
κ1973 Statutes of Nevada, Page 761 (CHAPTER 502, AB 267)κ
the members first appointed shall be appointed for terms of 1, 2 and 3 years, respectively.
3. Members of the state [soil] conservation [committee] commission and the supervisors of the district or districts shall be ineligible to appointment as members of the board of adjustment during their tenure of such other office.
Sec. 77. NRS 548.475 is hereby amended to read as follows:
548.475 A member of the board of adjustment shall be removed from office, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason. The hearing shall be conducted jointly by the state [soil] conservation [committee] commission and the supervisors of the district [.] or districts.
Sec. 78. NRS 548.480 is hereby amended to read as follows:
548.480 The members of the board of adjustment shall receive compensation for their services at the rate of [$5] $25 per day for time spent on the work of the board of adjustment, in addition to expenses, including traveling expenses, necessarily incurred in the discharge of their duties.
Sec. 79. NRS 548.500 is hereby amended to read as follows:
548.500 The [supervisors] commission shall pay the necessary administrative and other expenses of operation incurred by the board of adjustment, upon the certificate of the chairman of the board.
Sec. 80. NRS 548.505 is hereby amended to read as follows:
548.505 1. Any land occupier may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardship in the way of his carrying out upon his lands the strict letter of the land use regulations prescribed by ordinance approved by the [supervisors,] commission, and praying the board of adjustment to authorize a variance from the terms of the land use regulations in the application of such regulations to the lands occupied by the petitioner.
2. Copies of such petition shall be served by the petitioner upon the chairman of the [supervisors of the district within which his lands are located and upon the chairman of the] state [soil] conservation [committee.] commission.
3. The board of adjustment shall fix a time for the hearing of the petition and cause due notice of such hearing to be given.
4. The supervisors of the district or districts and the state [soil] conservation [committee] commission shall have the right to appear and be heard at the hearing.
5. Any occupier of lands lying within the district who shall object to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any party to the hearing before the board of adjustment may appear in person, by agent or by attorney.
6. If, upon the facts presented at the hearing, the board of adjustment shall determine that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land use regulations upon the lands of the petitioner, the board shall make and record such determination and shall make and record findings of fact as to the specific conditions which establish such great practical difficulties or unnecessary hardship.
κ1973 Statutes of Nevada, Page 762 (CHAPTER 502, AB 267)κ
to the specific conditions which establish such great practical difficulties or unnecessary hardship.
7. Upon the basis of such findings and determination, the board shall have power by order to authorize such variance from the terms of the land use regulations, in their application to the lands of the petitioner, as will relieve such great practical difficulties or unnecessary hardship and will not be contrary to the public interest, and so that the spirit of the land use regulations shall be observed, the public health, safety and welfare secured, and substantial justice done.
Sec. 81. NRS 548.510 is hereby amended to read as follows:
548.510 1. Any petitioner aggrieved by an order of the board of adjustment granting or denying, in whole or in part, the relief sought, the supervisors of the district [,] or districts, the commission or any intervening party may obtain a review of such order in [any] district court, by filing in such court a petition praying that the order of the board of adjustment be modified or set aside.
2. A copy of such petition shall forthwith be served upon the parties to the hearing before the board of adjustment, and thereupon the party seeking review shall file in the court a transcript of the entire record in the proceedings, certified by the board of adjustment, including the documents and testimony upon which the order complained of was entered, and the findings, determination and order of the board of adjustment.
3. Upon such filing, the court shall cause notice thereof to be served upon the parties and shall have jurisdiction of the proceedings and of the questions determined or to be determined therein, and shall have power to grant such temporary relief as it deems just and proper, and to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, the order of the board of adjustment.
4. No contention that has not been urged before the board of adjustment shall be considered by the court unless the failure or neglect to urge such contention shall be excused because of extraordinary circumstances.
5. The findings of the board of adjustment as to the facts, if supported by evidence, shall be conclusive.
6. If any party shall apply to the court for leave to produce additional evidence and shall show to the satisfaction of the court that such evidence is material and that there were reasonable grounds for the failure to produce such evidence in the hearing before the board of adjustment, the court may order such additional evidence to be taken before the board of adjustment and to be made a part of the transcript. The board of adjustment may modify its findings as to the facts or make new findings, taking into consideration the additional evidence so taken and filed, and the board of adjustment shall file such modified or new findings, which, if supported by evidence, shall be conclusive, and shall file with the court its recommendations, if any, for the modification or setting aside of its original order.
7. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review in the same manner as are other judgments or decrees of the court.
κ1973 Statutes of Nevada, Page 763 (CHAPTER 502, AB 267)κ
Sec. 82. NRS 548.515 is hereby amended to read as follows:
548.515 1. Petitions for including additional territory within an existing district [may] shall be filed with the state [soil] conservation [committee.] commission.
2. The proceedings provided for in this chapter in the case of petitions to organize a district shall be observed in the case of petitions for inclusion, except that the application for a certificate of inclusion shall be signed by the chairman and the secretary of the governing body of the district into which the additional territory is to be included.
3. The state [soil] conservation [committee] commission shall prescribe the form for the petitions, which shall be, as nearly as practicable, in the form prescribed in this chapter for petitions to organize a district.
4. Where the total number of land occupiers in the area proposed for inclusion shall be less than 25, the petition may be filed when signed by a majority of the occupiers of such area, and in such case no referendum need be held.
5. In referenda upon petitions for inclusion, all occupiers of land lying within the proposed additional area shall be eligible to vote.
6. The commission shall determine whether or not such inclusion shall be made.
Sec. 83. NRS 548.520 is hereby amended to read as follows:
548.520 1. Petitions to [change the boundary of a district may be filed with the state soil conservation committee at any time following the organization of a district.
2. The petitions shall:
(a) Indicate either that the territory to be separated from a district is to be included in an existing district, is to be organized as a new district, or is to be withdrawn and not included in an existing district or organized as a new district; and
(b) Contain a statement from the district from which territory is to be separated that the proposed change in boundary is approved, except that when the land to be withdrawn is not to be included in an existing district or organized as a new district no statement from the district is required.
3. The proceedings provided for in this chapter in the case of petitions to organize a district shall be followed, except that when a change in boundary occasions the addition of territory to an existing district or the withdrawal of territory from an existing district when such withdrawn territory is not to be included in an existing district or organized as a new district, the application for a certificate of inclusion or withdrawal shall be signed by the chairman and the secretary of the governing body of the district into which the additional territory is to be included or from which the withdrawn territory is to be separated.
4. The state soil conservation committee shall prescribe the form of the petition, which shall be, as nearly as practicable, in the form prescribed in this chapter for petitions to organize a district.] withdraw lands from a district may be filed with the state conservation commission at any time.
2. The commission shall prescribe the form of the petition, which shall be, as nearly as practicable, in the form prescribed in this chapter for petitions to organize a district.
κ1973 Statutes of Nevada, Page 764 (CHAPTER 502, AB 267)κ
[5.] 3. Where the total number of land occupiers in the area affected by a proposed [change in boundary shall] withdrawal will be less than 25, the petition may be filed when signed by a majority of the occupiers of such area, and in such case no referendum need be held.
[6.] 4. In referenda upon petitions for [changes in boundary,] withdrawal, all occupiers of land lying within the area affected by the proposed change in boundary shall be eligible to vote.
5. The commission shall determine whether or not such withdrawal shall be made.
Sec. 84. NRS 548.525 is hereby amended to read as follows:
548.525 1. At any time after 5 years after the organization of a district under the provisions of this chapter, any 10 occupiers of land lying within the boundaries of such district may file a petition with the state [soil] conservation [committee] commission praying that the operations of the district be terminated and the existence of the district be discontinued.
2. The [committee] commission may conduct such public meetings and public hearings upon such petition as may be necessary to assist it in the consideration thereof.
3. The commission shall determine, on the basis of information presented in the petition or brought out in public hearings and on the basis of the number of petitioners in relation to the total number of occupiers of land lying within the district, whether it can render a reasonable determination of approval or denial of the petition without holding a referendum, or whether a referendum shall be held.
Sec. 85. NRS 548.530 is hereby amended to read as follows:
548.530 If a referendum is to be held:
1. Within 60 days after [such] a petition for discontinuance has been received by the state [soil] conservation [committee the committee] commission, it shall give due notice of the holding of [a] the referendum.
2. The [committee] commission shall supervise the referendum and issue appropriate regulations governing the conduct thereof.
3. The question shall be submitted by ballots upon which the words For terminating the existence of the .............................. (name of the [soil] conservation district to be here inserted) and Against terminating the existence of the .............................. (name of the [soil] conservation district to be here inserted) shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of the propositions, as the voter may favor or oppose discontinuance of such district.
4. All occupiers of lands lying within the boundaries of the district shall be eligible to vote in such referendum. Only such land occupiers shall be eligible to vote.
5. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice thereof shall have been given substantially as provided in this chapter and the referendum shall have been fairly conducted.
6. The commission shall publish the result of the referendum.
Sec. 86. NRS 548.535 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 765 (CHAPTER 502, AB 267)κ
548.535 1. The [committee shall publish the result of such referendum] commission shall consider the information and facts presented in the petition and brought out in any public hearings that may be held and the result of the referendum if one is held, and shall thereafter [consider and] determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible.
2. If the [committee] commission shall determine that the continued operation of such district is administratively practicable and feasible, the [committee] commission shall record such determination and deny the petition. The [committee] commission shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless the number of petitioners comprises less than a majority of the occupiers of land in the district or unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of such district.
3. If the [committee] commission shall determine that the continued operation of the district is not administratively practicable and feasible, the [committee] commission shall record such determination and shall certify such determination to the supervisors of the district.
4. In making such determination the [committee] commission shall give due regard and weight to:
(a) The attitudes of the occupiers of lands lying within the district.
(b) The number of land occupiers eligible to vote in the referendum who shall have voted.
(c) The proportion of petitioners to the total number of land occupiers in the district, and the proportion of the votes cast in the referendum in favor of the discontinuance of the district to the total number of votes cast.
(d) The approximate wealth and income of the land occupiers of the district.
(e) The probable expense of carrying on erosion-control operations within such district.
(f) Such other economic and social factors as may be relevant to such determination, having due regard to the legislative findings as set forth in NRS 548.095 to 548.110, inclusive.
Sec. 87. NRS 548.540 is hereby amended to read as follows:
548.540 The state [soil] conservation [committee] commission shall not entertain petitions for the discontinuance of any district, not conduct referenda upon such petitions, nor make any determination pursuant to such petitions in accordance with the provisions of this chapter, more often than once in 5 years.
Sec. 88. NRS 548.545 is hereby amended to read as follows:
548.545 1. Upon receipt from the state [soil] conservation [committee] commission of a certification that the [committee] commission has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to the provisions of NRS 548.535, the supervisors shall forthwith proceed to terminate the affairs of the district.
κ1973 Statutes of Nevada, Page 766 (CHAPTER 502, AB 267)κ
2. The supervisors shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to the state treasurer for deposit in the state treasury.
3. The supervisors shall thereupon file an application, duly verified, with the secretary of state for the discontinuance of the district, and shall transmit with the application the certificate of the state [soil] conservation [committee] commission setting forth the determination of the [committee] commission that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as provided in this section, and shall set forth a full accounting of such properties and proceeds of the sale.
4. The secretary of state shall issue to the supervisors a certificate of dissolution and shall record such certificate in an appropriate book of records in his office.
Sec. 89. NRS 548.550 is hereby amended to read as follows:
548.550 1. Upon the issuance of a certificate of dissolution under the provisions of NRS 548.545, all ordinances and regulations theretofore adopted and in force within such district shall be of no further force and effect.
2. All contracts theretofore entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The state [soil] conservation [committee] commission shall be substituted for the district or supervisors as a party to such contracts. The [committee] commission shall be entitled to all benefits and shall be subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate such contracts by mutual consent or otherwise, as the supervisors of the district would have had.
3. Such dissolution shall not affect the lien of any judgment entered under the provisions of NRS 548.455, nor the pendency of any action instituted under the provisions of NRS 548.445 and 548.450, and the [committee] commission shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions.
Sec. 90. Chapter 232 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The head of the division of conservation districts shall be an administrative officer, who shall be selected by the director from a list of three people recommended by the state conservation commission. The administrative officer shall be employed in the unclassified service. The director shall employ such other assistants as may be required to carry out the functions of the division and shall assign their duties.
2. The administrative officer shall have the following powers and duties:
(a) To perform staff services for the state conservation commission to assist it in carrying out its responsibilities under chapter 548 of NRS.
(b) To perform such administrative acts as may be required to carry out the policies and goals established by the commission and the powers and duties assigned to it under chapter 548 of NRS.
κ1973 Statutes of Nevada, Page 767 (CHAPTER 502, AB 267)κ
Sec. 91. NRS 232.090 is hereby amended to read as follows:
232.090 The department shall consist of:
1. The division of water resources.
2. The division of state lands.
3. The division of forestry.
4. The division of oil and gas conservation.
5. The division of state parks.
6. The division of conservation districts.
7. Such other divisions as the director may in his discretion from time to time establish, to cooperate with the various committees, districts, associations and political subdivisions concerned with conservation and natural resources.
Sec. 92. NRS 548.060, 548.070 and 548.080 are hereby repealed.
Sec. 93. 1. Each member appointed to the former state soil conservation committee shall serve as a member of the state conservation commission until initial appointments are made to the commission pursuant to NRS 548.125 as amended.
2. The terms of office of the supervisors of each conservation district elected before July 1, 1973, shall expire on the date of the first annual election in that district after July 1, 1973.
________
Senate Bill No. 306Committee on Federal, State and Local Governments
CHAPTER 503
AN ACT relating to county, city and district finances; transferring the duties of the state board of finance to the Nevada tax commission concerning authorization of short-term financing.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.430 is hereby amended to read as follows:
354.430 Upon the adoption of a short-term financing resolution, as provided in NRS 354.618, by a local government as defined in NRS 354.474, a certified copy thereof shall be forwarded to the secretary of the Nevada tax commission. As soon as is practicable, the secretary of the Nevada tax commission shall submit the resolution, together with a factual report of the tax structure of the political subdivisions concerned and the probable ability of the political subdivision to repay the requested short-term financing, to the [state board of finance] Nevada tax commission for its approval. No such resolution shall be effective until approved by the [state board of finance.] Nevada tax commission. The resolution of the [state board of finance] Nevada tax commission shall be recorded in the minutes of the governing board.
κ1973 Statutes of Nevada, Page 768 (CHAPTER 503, SB 306)κ
Sec. 2. NRS 354.450 is hereby amended to read as follows:
354.450 1. After short-term financing has been authorized as provided in NRS 354.430 and if, in the judgment of the governing board of the political subdivision, the fiscal affairs of the political subdivision can be carried on without impairment and there is sufficient money in the general fund or a surplus in any other fund, with the exception of the bond interest and redemption fund, of the political subdivision, the governing board is authorized to transfer from the general fund or from the surplus appearing in any fund, with the exception of the bond interest and redemption fund, money sufficient to meet the purpose of the short-term financing.
2. When such a transfer is made, the governing board of the political subdivision shall comply with the provisions of NRS 354.460, and when the special tax is thereafter collected the amount so collected shall be placed immediately in the fund from which the loan was made.
3. In cases where the fund from which the loan was made, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the [state board of finance] Nevada tax commission is or will not be needed for the purposes of the fund in the ordinary course of events, then the special tax need not be levied, collected and placed in the fund from which the loan was made, but such transfer shall be deemed refunded for all purposes of NRS 354.430 to 354.460, inclusive.
4. Interest accounts come within the jurisdiction of the [state board of finance] Nevada tax commission and may be approved or disapproved, in whole or in part, by [the state board of finance.] it.
________
Senate Bill No. 309Senators Herr, Blakemore, Drakulich, Echols, Swobe, Raggio, Hecht, Walker, Foley, Bryan, Lamb and Young
CHAPTER 504
AN ACT relating to occupational diseases; extending coverage for diseases of the heart; and providing other matters properly relating thereto.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 617.457 is hereby amended to read as follows:
617.457 1. Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent total disability or death, shall be considered occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and in the course of the employment of a person who, for [10] 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation [of firefighting for the benefit or safety of the public and had medical examinations annually which included examinations of the heart.]
κ1973 Statutes of Nevada, Page 769 (CHAPTER 504, SB 309)κ
and had medical examinations annually which included examinations of the heart.] as a firefighter, sheriff, deputy sheriff, city policeman, officer of the Nevada highway patrol, member of the University of Nevada system police department or a uniformed employee of the Nevada state prison whose position requires regular and frequent contact with the convict population and subjects the employee to recall in emergency situations.
2. Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent total disability or death, shall be considered occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer fireman by a person entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070 and who, for [10] 5 years or more, has served continuously as a volunteer fireman and who has not reached the age of 55 years before the onset of such disease. [and had medical examinations annually which included examinations of the heart.]
3. Each employee covered for diseases of the heart pursuant to the provisions of this section shall submit to an initial physical examination, including an examination of the heart, upon commencement of coverage or commencement of employment, whichever is later. Thereafter, the employee shall submit to such examinations on a regular, annual basis during his employment.
4. All physical examinations required pursuant to subsection 3 shall be paid for by the employer.
5. Failure to correct predisposing physical conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to the annual examination shall exclude the employee from the benefits of this section if such correction is within the ability of such employee.
________
Assembly Bill No. 574Messrs. Glover, Dini and Jacobsen
CHAPTER 505
AN ACT relating to juvenile detention homes; increasing the number of counties required to provide such detention homes; and providing other matters properly relating thereto.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 62.180 is hereby amended to read as follows:
62.180 1. Provision shall be made for the temporary detention of children in a detention home to be conducted as an agency of the court or in some other appropriate public institution or agency; or the court may arrange for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.
κ1973 Statutes of Nevada, Page 770 (CHAPTER 505, AB 574)κ
homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.
2. Authority hereby is granted for any county to provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home for the temporary detention of children, subject to the provisions of this chapter; provided:
(a) That in counties [of over 100,000 population,] having a population of 20,000 or more, the boards of county commissioners are directed to provide the detention facilities, as aforesaid, within 2 years after [March 15, 1949;] the official report of the first census conducted for determination of such population following July 1, 1973; and
(b) That two or more counties, without regard to their respective populations, may provide a combined detention home, as aforesaid, under suitable terms agreed upon between the respective boards of county commissioners and the juvenile court judges regularly sitting in the judicial districts covering the counties.
3. Any detention home, built and maintained under the authority of this chapter, shall be constructed and conducted as nearly like a home as possible, and shall not be deemed to be or treated as a penal institution, nor, in counties [of over 100,000 population,] having a population of 20,000 or more, shall it be adjoining or on the same grounds as a prison, jail or lockup.
4. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce [.] , or by any other statewide census conducted pursuant to law or rules and regulations adopted under law.
________
Assembly Bill No. 161Committee on Transportation
CHAPTER 506
AN ACT relating to insurance coverage required of short-term lessors of motor vehicles; increasing the amount of coverage required for personal injury or death; providing for surety bonds or deposits of cash or securities in lieu of insurance; and providing other matters properly relating thereto.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.295 is hereby amended to read as follows:
482.295 1. If the owner of a motor vehicle for which registration is applied for is or intends to be a short-term lessor of such vehicle, such fact shall be stated in the application. The department shall not register such vehicle until and unless the owner [shall agree to carry insurance or cause insurance to be carried as provided in NRS 482.305, or, if the owner fails to make such agreement, until and unless the owner] shall demonstrate to the department his financial ability to respond to damages as follows:
κ1973 Statutes of Nevada, Page 771 (CHAPTER 506, AB 161)κ
demonstrate to the department his financial ability to respond to damages as follows:
(a) By carrying insurance in an insurance company or companies approved by the insurance commissioner of this state as provided in subsection 2 and NRS 482.305;
(b) By filing with the department a surety bond in the principal sum of $100,000 with an admitted insurer as surety for the protection of the lessee of the vehicle; or
(c) By making and thereafter continuously maintaining on deposit in this state through the director, cash or securities such as may be legally purchased by savings banks or for trust funds, of a fair market value of not less than $100,000 for the protection of the lessee of the vehicle.
2. If the owners demonstration of financial ability is pursuant to paragraph (a) of subsection 1, it shall be as follows:
[1.] (a) If he apply for registration of one motor vehicle, insurance in the sum of at least [$10,000] $15,000 for any person injured or killed and in the sum of [$20,000] $30,000 for any number more than one injured or killed in any one accident.
[2.] (b) If he apply for the registration of more than one motor vehicle, then insurance in the foregoing sums for one motor vehicle and $5,000 additional for each motor vehicle in excess of one. [; but]
3. In any case, the owners demonstration of financial ability [it shall be sufficient for the owner to demonstrate his ability to respond in damages] is sufficient if he carries insurance or provides a surety bond or deposits cash or securities in the sum of $100,000 for any number of motor vehicles.
Sec. 2. NRS 482.300 is hereby amended to read as follows:
482.300 It is unlawful for any person to become the short-term lessor of a motor vehicle unless he has previously notified the department of his intention to do so and has complied with the requirements [as to the showing of his financial responsibility as] provided in NRS 482.295.
Sec. 3. NRS 482.305 is hereby amended to read as follows:
482.305 1. The short-term lessor of a motor vehicle who permits the short-term lessee to operate the vehicle upon the highways, and who [does not carry or cause to be carried public liability insurance in an insurance company or companies approved by the commissioner of insurance of this state] has not complied with NRS 482.295 insuring or otherwise covering the short-term lessee against liability arising out of his negligence in the operation of such rented vehicle in limits of not less than [$10,000] $15,000 for any one person injured or killed and [$20,000] $30,000 for any number more than one injured or killed in any one accident, and against liability of the short-term lessee for property damage in the limit of not less than $5,000 for one accident, [shall be] is jointly and severally liable with the short-term lessee for any damages caused by the negligence of the latter in operating the vehicle and for any damages caused by the negligence of any person operating the vehicle by or with the permission of the short-term lessee, except that the foregoing provisions [shall] do not confer any right of action upon any passenger in any such rented vehicle against the short-term lessor. [Nothing herein contained shall be construed to] This section does not prevent the introduction as a defense of contributory negligence to the extent to which such defense is allowed in other cases.
κ1973 Statutes of Nevada, Page 772 (CHAPTER 506, AB 161)κ
does not prevent the introduction as a defense of contributory negligence to the extent to which such defense is allowed in other cases.
2. [Such] The policy of insurance, surety bond or deposit of cash or securities [shall inure] inures to the benefit of any person operating the vehicle by or with the permission of the short-term lessee in the same manner and under the same conditions and to the same extent as to the short-term lessee.
3. The insurance policy or policies, surety bond or deposit of cash or securities [above referred to] need not cover any liability incurred by the short-term lessee of any vehicle to any passenger in such vehicle; but the short-term lessor before delivering the vehicle shall give to the short-term lessee a written notice of the fact that such policy or policies, bond or deposit do not cover the liability which the short-term lessee may incur on account of his negligence in the operation of such vehicle to any passenger in such vehicle.
4. When any suit or action is brought against the short-term lessor under this section, the judge or court before whom the case is pending shall cause a preliminary hearing to be had in the absence of the jury for the purpose of determining whether the short-term lessor has provided [or caused to be provided] insurance or a surety bond or deposit of cash or securities covering the short-term lessee in the limits above mentioned. Whenever it appears that the short-term lessor has provided [or caused to be provided] insurance or a surety bond or deposit of cash or securities covering the short-term lessee in the sums above mentioned, the judge or court shall dismiss as to the short-term lessor the action brought under this section.
Sec. 4. NRS 482.475 is hereby amended to read as follows:
482.475 The department shall cancel the registration of any motor vehicle used for short-term leasing whenever the department ascertains that the short-term lessor has failed [or is unable] to comply with the requirements of NRS 482.295.
________
Senate Bill No. 567Committee on Ecology and Public Resources
CHAPTER 507
AN ACT relating to the flood control revolving fund; permitting payment therefrom of the cost of surveying for potential flood control projects; and providing other matters properly relating thereto.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 543.090 is hereby amended to read as follows:
543.090 1. Whenever the Secretary of Agriculture or the Secretary of the Army has approved or may approve a work of improvement or a flood control project in the State of Nevada, and the Congress of the United States has appropriated or may appropriate money for such work or project, and a county, city or public district, or a combination thereof, has given or is in a position to give the assurances required by the Watershed Protection and Flood Prevention Act, Public Law 566, 83rd Congress, 68 Stat.
κ1973 Statutes of Nevada, Page 773 (CHAPTER 507, SB 567)κ
United States has appropriated or may appropriate money for such work or project, and a county, city or public district, or a combination thereof, has given or is in a position to give the assurances required by the Watershed Protection and Flood Prevention Act, Public Law 566, 83rd Congress, 68 Stat. 666, as amended, or the Flood Control Act of 1954, Public Law 780, 83rd Congress, 68 Stat. 1256, as amended, and such county, city or public district is in need of immediate financial assistance for planning, engineering, administration, acquisition of easements and rights-of-way or other costs, such county, city or public district may apply to the director for such assistance in the manner provided in NRS 543.090 to 543.140, inclusive.
2. A city, county or public district may apply to the director for financial assistance pursuant to NRS 543.090 to 543.140, inclusive, for the payment of the cost of surveying along a river when such surveying potentially but not necessarily will culminate in or assist a flood control project.
Sec. 2. NRS 543.100 is hereby amended to read as follows:
543.100 Upon a petition from a county, city or public district to the director, in a form prescribed by the director, requesting financial assistance to aid in paying the costs of planning, engineering, administration, acquisition of easements and rights-of-way and other proper expenses connected with a flood control project, or in paying costs for a riparian survey, the director may, following study and approval of the proposed project [,] or survey, and subject to the approval of the governor and the state board of finance, loan moneys from the flood control revolving fund in the manner provided in NRS 543.090 to 543.140, inclusive.
Sec. 3. NRS 543.110 is hereby amended to read as follows:
543.110 1. Each petition to the director shall describe the proposed flood control project [,] or riparian survey, state the amount of money requested, and designate the areas to be assessed for the purpose of reimbursement of the flood control revolving fund.
2. The director shall determine the period to be allowed for repayment of the money loaned, which period shall not be longer than 5 years from the date of the loan.
3. The director shall, between the 1st Monday of October and the 1st Monday of December of each year following the date of any loan, prepare a budget based on repayment of the loan in equal annual installments showing the amount of money to be repaid in the next succeeding fiscal year, and shall submit the budget to the board of county commissioners of the county in which the project or survey is located. If the project or survey is located in more than one county, separate budgets shall be prepared for each county.
________
κ1973 Statutes of Nevada, Page 774κ
Senate Bill No. 337Committee on Health, Welfare and State Institutions
CHAPTER 508
AN ACT relating to the licensing of pharmacists and pharmacies; increasing fees for the investigation and examination of applicants for certification; deleting references to United States citizenship; providing for the certification of pharmacists from other states without an examination; providing a penalty for submitting false claims under a public assistance program; providing technical changes; and providing other matters properly relating thereto.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 639.004 is hereby amended to read as follows:
639.004 Chart order is an order entered on the chart or medical record of a patient registered in a convalescent or nursing home institution or in a hospital or under emergency treatment in a hospital by or on the order of an authorized practitioner authorizing the administration of a drug from hospital floor or ward stock furnished by the hospital pharmacy. [Any such order shall be considered to be a prescription if such medication is to be furnished by a pharmacy directly to the patient.] The chart order shall be signed by the prescriber at the time it is entered or on his next visit to the institution or hospital.
Sec. 2. NRS 639.012 is hereby amended to read as follows:
639.012 Pharmacy means and includes every store or shop where drugs [, narcotics,] , controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.
Sec. 3. NRS 639.013 is hereby amended to read as follows:
639.013 Prescription means an order given individually for the person for whom prescribed, directly from the prescriber to a pharmacist or indirectly by means of an order signed by the prescriber, and shall contain the name and address of the prescriber, his license classification, the name and address of the patient, the name and quantity of the drug or drugs prescribed, directions for use and the date of issue. Directions for use shall be specific in that they shall indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected. Prescription includes a chart order.
Sec. 4. NRS 639.073 is hereby amended to read as follows:
639.073 1. If the public interest would best be served, the board may adopt regulations restricting the sale of drugs [, whose labels bear cautions or warnings in compliance with federal law and require professional interpretation,] to sale by or under the direct supervision of a registered pharmacist.
2. Any rule or regulation adopted pursuant to the provisions of this section shall also include the conditions under which such drugs shall be stored in a pharmacy and the circumstances under which such drugs may be sold.
κ1973 Statutes of Nevada, Page 775 (CHAPTER 508, SB 337)κ
Sec. 5. NRS 639.120 is hereby amended to read as follows:
639.120 An applicant to become a registered pharmacist in this state must:
1. [Be a citizen of the United States of America or eligible for citizenship.
2.] Be of good moral character.
[3.] 2. Be a graduate of a college of pharmacy or department of pharmacy of a university accredited by the American Council on Pharmaceutical Education and approved by the board.
[4.] 3. Satisfactorily pass an examination [prepared, given and graded] approved and given by the Nevada state board of pharmacy.
[5.] 4. Complete 1 year of practical pharmaceutical experience as defined in NRS 639.125.
Sec. 6. NRS 639.125 is hereby amended to read as follows:
639.125 1. For the purpose of subsection [5] 4 of NRS 639.120, a year of practical pharmaceutical experience shall consist of not less than 52 weeks of 40 hours each in a pharmacy under the direct and immediate supervision of a pharmacist.
2. Such experience shall not be accepted unless the applicant had previously successfully completed at least 1 year in a college or department of pharmacy approved by the American Council on Pharmaceutical Education. Unless otherwise waived by the board for exceptional circumstances, 12 weeks of such year shall be completed after graduation.
3. Such experience shall relate primarily to the selling of drugs, poisons and devices, the compounding and dispensing of prescriptions, preparing prescriptions and keeping records and preparing reports required by state and federal statutes.
4. The board may, in its discretion, accept evidence of compliance with the requirements of subsection [5] 4 of NRS 639.120 from boards of pharmacy of other states in which the experience requirement is equivalent to the requirements in this state.
Sec. 7. NRS 639.133 is hereby amended to read as follows:
639.133 1. The board may issue certificates of registration as pharmacists to those persons who qualify under the provisions of this section, irrespective of the provisions of subsection [3] 2 of NRS 639.120, if the board has determined by examination, either oral or written, that such applicants are capable and are qualified by education or experience, or both, adequately to practice the profession of pharmacy in this state and that they meet the requirements of subsection 2.
2. The applicant:
(a) Must have been registered as a pharmacist in good standing in another state prior to the filing of his application.
(b) Who has been registered as a pharmacist in another state for 5 years or longer must have been actively engaged in the practice of pharmacy for at least 1 year during the 3 years next preceding the date of his application.
(c) [Must be a citizen of the United States of America.
(d)] Must be of good moral character.
3. The fee for the investigation or examination of an applicant for a certificate of registration under the provisions of this section shall be fixed by the board at an amount not to exceed $100, as provided in NRS 639.170.
κ1973 Statutes of Nevada, Page 776 (CHAPTER 508, SB 337)κ
a certificate of registration under the provisions of this section shall be fixed by the board at an amount not to exceed $100, as provided in NRS 639.170. The fee must accompany the application and shall not be refunded. Any such applicant who has failed to pass a satisfactory examination may apply for one reexamination if a request therefor has been received and approved by the board within 1 year after the original examination was given. On approval of such a request the board shall grant one reexamination without the payment of a new fee.
4. The board may conduct such investigations as may be deemed necessary to establish the moral character of any applicant for licensure under the provisions of this section.
Sec. 8. NRS 639.137 is hereby amended to read as follows:
639.137 1. Any person who is not a registered pharmacist, but who is employed in this state for the purpose of fulfilling the requirements of subsection [5] 4 of NRS 639.120 to become eligible for registration as a pharmacist, must register with the board as an intern pharmacist. An applicant, to be eligible for registration as an intern pharmacist, must have completed a minimum of 1 year in a college of pharmacy or a department of pharmacy of a university approved by the board. Application shall be made on a form furnished by the board.
2. The secretary of the board, upon approval of the application, shall issue a letter certifying the applicant as eligible to undergo practical pharmaceutical training under the direct and immediate supervision of a registered pharmacist. Such certification shall be valid for not more than 4 years from the date of issue and shall permit the holder thereof to perform the duties set forth in NRS 639.125, but only when acting under the direct and immediate supervision of the registered pharmacist or pharmacists whose name or names appear thereon, and who shall have previously indicated on the application for such certification a willingness to accept the responsibility for training and for all work performed by the applicant for registration as an intern pharmacist.
3. The certification shall be posted as required by NRS 639.150.
4. Any certification issued under the provisions of this section may be suspended, terminated or revoked by the board, for any reason set forth in this chapter as grounds for the suspension or revocation of any certificate, license or permit, or for failure of the registered pharmacist or pharmacists whose name or names appear on the certification to provide adequate training and supervision for the intern pharmacist in compliance with regulations adopted by the board.
Sec. 9. NRS 639.138 is hereby amended to read as follows:
639.138 1. The board shall have the right to deny any application for a certificate, license or permit if, after investigation, it is found that the applicant has committed any act included in NRS [639.180 and] 639.210 which would authorize the board to conduct proceedings to suspend or revoke such certificate, license or permit, if it had been previously issued.
2. After the decision of the board to deny an application has been entered in the official minutes, and in any case within 10 days after the decision has been adopted by the board, the secretary shall notify the applicant, by registered or certified mail, of the denial of the application and the reasons therefor.
κ1973 Statutes of Nevada, Page 777 (CHAPTER 508, SB 337)κ
and the reasons therefor. The notice shall inform the applicant of his right to petition the board for reconsideration and his right to submit evidence to controvert the alleged violations on which the denial was based.
Sec. 10. NRS 639.170 is hereby amended to read as follows:
639.170 1. The board shall charge and collect not more than the following fees for the following services:
For investigation or examination of applicant for certificate as registered pharmacist........................................................................................................ [$30] $50
For investigation or examination of applicant for certificate as registered pharmacist by reciprocity.............................................................................................. 100
For the investigation or issuance of an original license to conduct a retail pharmacy ............................................................................................................. 50
For annual renewal of a license to conduct a retail pharmacy........... 25
For issuance of certificate of registration as registered pharmacist....... 10
For annual renewal of certificate of registration as registered pharmacist 10
For reinstatement of lapsed certificate of registration (in addition to annual renewal fees for period of lapse)....................................................................... 20
For issuance of duplicate certificate of registration................................. 10
For issuance of manufacturers or wholesalers permit........................... 25
For issuance of annual renewal of permit for manufacturer or wholesaler 25
For issuance or renewal of permit to vend, sell, offer to sell or furnish any hypodermic device..................................................................................................... 5
For issuance or renewal of permit to supply or operate vending machines or devices for distribution of any prophylactic.................................................. 25
For reissuance of license issued to retail pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon.............................................................. 5
2. All fees shall be payable in advance and shall not be refunded.
3. The board may, by regulation, set the penalty for failure to pay the annual renewal fee for any license, permit or certificate within the statutory period, at an amount not to exceed 100 percent of the renewal fee for each year of delinquency in addition to the annual renewal fees for each year of delinquency.
Sec. 11. NRS 639.180 is hereby amended to read as follows:
639.180 1. A certificate as a registered pharmacist shall be issued to each person who is deemed qualified by the board in compliance with the provisions of NRS 639.120, 639.127 [and] , 639.133 [.] and section 25 of this act. Such certificate shall entitle the person to whom it is issued to practice pharmacy in this state until June 30 next succeeding the date of issue.
2. Each person to whom such a certificate has been issued may, if he so desires and if his certificate has not been revoked, renew his certificate from year to year upon making application therefor as herein provided and paying the annual renewal fee fixed by the board as provided in NRS 639.170.
κ1973 Statutes of Nevada, Page 778 (CHAPTER 508, SB 337)κ
and paying the annual renewal fee fixed by the board as provided in NRS 639.170.
3. Application for the renewal of such certificate, together with the renewal fee, shall be delivered to the board on or before the 1st Monday in May next preceding the expiration date of any presently existing valid certificate or renewal receipt.
4. Renewal receipts shall, ordinarily, be dated as of July 1 in each year, and shall be delivered to the applicant on or before that date.
Sec. 12. NRS 639.182 is hereby amended to read as follows:
639.182 1. Applications for the annual renewal of the certificate of registration, as required by NRS 639.180, shall be made on forms furnished by the board.
2. The secretary of the board shall issue:
(a) A renewal receipt to a registered pharmacist who has been actively engaged in the practice of pharmacy for not less than [500] 250 hours during the year next preceding the date of renewal.
(b) An inactive renewal receipt to a registered pharmacist who has been actively engaged in the practice of pharmacy for less than [500] 250 hours during the year next preceding the date of renewal.
3. The board may waive the requirement of 250 hours of active practice of pharmacy in individual cases of undue hardship where good cause is shown, including but not limited to:
(a) Military service;
(b) Pregnancy or protracted illness;
(c) Suspension of a license to practice pharmacy; and
(d) Such other instances as the board may designate by regulation.
4. A registered pharmacist to whom an inactive renewal receipt has been issued shall not engage in the practice of pharmacy in this state until his certificate has been restored to an active status.
[4.] 5. An inactive certificate may be restored to active status if the board determines by examination that the registered pharmacist is qualified by education or experience to practice pharmacy [.] , and such restoration may be made subject to such provisions or conditions as the board may deem appropriate.
Sec. 13. NRS 639.210 is hereby amended to read as follows:
639.210 The board shall have the power to proceed administratively to suspend or revoke:
1. Any certificate or current renewal thereof, or any permit or current renewal thereof, to vend, sell, offer to sell, or furnish any hypodermic device issued to any person or to deny the application of any person who has applied for a certificate or permit who:
(a) Is not of good moral character; or
(b) Is guilty of habitual intemperance; or
(c) Becomes or is so intoxicated or under the influence of liquor, any depressant drug or a controlled substance as defined in chapter 453 of NRS, while on duty in any establishment licensed by the board, that he is unable properly to perform his duties; or
(d) Is guilty of unprofessional conduct or conduct contrary to the public interest; or
κ1973 Statutes of Nevada, Page 779 (CHAPTER 508, SB 337)κ
(e) Is addicted to the use of any controlled substance as defined in chapter 453 of NRS; or
(f) Has been convicted of a violation of any law related to controlled substances as defined in chapter 453 of NRS, of the Federal Government or of this or any other state; or
(g) Has been convicted of a felony or other crime involving moral turpitude, dishonesty or corruption; or
(h) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter; or
(i) Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent; or
(j) Has violated any provision of the Federal Food, Drug, and Cosmetic Act or any other federal law or regulation relating to prescription drugs; or
(k) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter or any law or regulation relating to the practice of pharmacy, or has permitted, allowed, condoned or failed to report a violation of any of the provisions of this section committed by a registered pharmacist in his employ; or
(l) Has failed to renew his certificate, license or permit by failing to pay the annual renewal fee therefor.
2. Any permit or current renewal thereof for the issuance of a manufacturers or wholesalers permit, or for the issuance of a current renewal of a permit to supply or operate vending machines or devices for distribution of any prophylactic issued to any person, or to deny the application of any person who has applied for a permit who:
(a) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter; or
(b) Has obtained any permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent; or
(c) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter applicable to such permit; or
(d) Has failed to renew his permit by failing to pay the annual renewal fee therefor.
Sec. 14. NRS 639.230 is hereby amended to read as follows:
639.230 1. No pharmacy shall operate as such or use the word drug or drugs, prescription or pharmacy, or similar words or words of similar import, without first having secured a license so to do from the board.
2. Each license shall be issued to a specific person and for a specific location and shall not be transferable. The original license shall show the name of the owner or owners, partners or corporation officers and the name of the responsible managing pharmacist and shall be displayed on the licensed premises as provided in NRS 639.150.
κ1973 Statutes of Nevada, Page 780 (CHAPTER 508, SB 337)κ
the name of the responsible managing pharmacist and shall be displayed on the licensed premises as provided in NRS 639.150. Any change of partners, corporation officers or responsible managing pharmacist shall be immediately reported to the board. The original license together with the fee required for reissuance of a license as provided in NRS 639.170 shall be submitted to the board prior to the reissuance of the license.
3. Every person holding a pharmacy license shall:
(a) Satisfy the board that the same is conducted according to law.
(b) Annually, on or before May 2, pay to the secretary of the board the annual fee. [fixed by the board not to exceed $25.]
4. Upon receipt of the annual fee the secretary of the board shall register the pharmacy, store or dispensary and shall furnish the store manager or proprietor with a renewal receipt valid for 1 year from July 1 next succeeding such payment. The license and renewal receipt shall be subject to the provisions of subsections 5 and 6 and the other provisions of this chapter.
5. Failure to pay the annual renewal fee prior to July 1 shall subject the licensee to the penalty fixed by the board for failure to renew. Failure to pay the renewal fee and penalty thereon within 30 days after the delinquent date shall result in automatic revocation of the pharmacy license.
6. The license and renewal receipt may at any time be revoked upon proof to the satisfaction of the board, after notice to the licensee and after a hearing at which the licensee may be present, that the licensed premises are being operated in violation of this chapter or in a manner contrary to the public interest.
Sec. 15. NRS 639.233 is hereby amended to read as follows:
639.233 1. Any person who engages in the business of furnishing controlled substances, poisons, hypodermic devices or drugs, devices or appliances to any person located within this state shall obtain a license pursuant to the provisions of this chapter.
2. The provisions of subsection 1 do not apply to a wholesaler or manufacturer whose principal place of business is located in another state and who ships controlled substances, drugs, poisons, hypodermic devices or other restricted devices or appliances to a wholesaler or manufacturer located within this state and licensed by the board.
3. For the purpose of this section, a person is engaged in the business of furnishing if he:
(a) Solicits orders from within this state by means of direct mail or other advertising devices;
(b) Accepts orders for drugs or devices whose sale in this state is restricted by this chapter or chapters 453 and 454 of NRS; or
(c) Ships such drugs or devices to any person located within this state.
Sec. 16. NRS 639.234 is hereby amended to read as follows:
639.234 1. If a person licensed pursuant to NRS 639.233 does not maintain records within this state of his shipments of controlled substances, poisons, hypodermic devices or drugs to persons in this state:
(a) Such licensee shall on receipt of a written demand from the secretary of the board furnish a true copy of such records to the board.
(b) The acceptance of a license constitutes a consent by the licensee to the inspection of his records outside this state by any authorized representative of the board.
κ1973 Statutes of Nevada, Page 781 (CHAPTER 508, SB 337)κ
to the inspection of his records outside this state by any authorized representative of the board.
2. The board may authorize as its representative any member or representative of the board of pharmacy or similar agency of the state in which the records are located.
3. Failure to furnish a true copy of the required records or refusal to permit their inspection is ground for the revocation or suspension of any license issued pursuant to NRS 639.233.
Sec. 17. NRS 639.236 is hereby amended to read as follows:
639.236 1. All prescriptions filled in any pharmacy shall be serially numbered and filed [by consecutive numbers for easy reference.] in the manner prescribed by regulation of the board. Narcotic drug prescriptions referred to in NRS 639.235 shall be filed separately from other prescriptions. All prescriptions shall be retained on file for at least [5] 2 years.
2. Each prescription on file shall bear the date on which it was originally filled, the name or initials of the registered pharmacist who filled it and contain all of the information required by NRS 639.013.
3. Prescription files shall be open to inspection by members, inspectors and investigators of the board and by inspectors of the Food and Drug Administration and agents of the [narcotic and dangerous drug division in the office of the commission on crimes, delinquency and corrections acting in their official capacity.] department of law enforcement assistance.
Sec. 18. NRS 639.238 is hereby amended to read as follows:
639.238 1. Prescriptions filled and on file in a pharmacy are not a public record. No pharmacist shall divulge the contents of any prescription or provide a copy of any prescription, except to:
(a) The patient for whom the original prescription was issued; or
(b) The doctor who originally issued the prescription; or
(c) A doctor who is then treating the patient; or
(d) A member, inspector or investigator of the board or an inspector of the Food and Drug Administration [; or] or an agent of the department of law enforcement assistance; or
(e) An agency of state government charged with the responsibility of providing medical care for the patient; or
(f) An insurance carrier, on receipt of written authorization signed by the patient or his legal guardian, authorizing the release of such information; or
(g) Any person duly authorized by a district court order.
2. Any copy of a prescription for a controlled substance as defined in chapter 453 of NRS, issued to a person authorized by this section to receive such copy, shall contain all of the information appearing on the original prescription and shall be clearly marked on its face, Copy, Not Refillable-For Reference Purposes Only; and such copy shall bear the name or initials of the registered pharmacist who prepared the copy.
3. If a copy of a prescription for any controlled substance as defined in chapter 453 of NRS is furnished to the customer, the original prescription shall be voided and notations made thereon showing the date and name of the person to whom the copy was furnished.
κ1973 Statutes of Nevada, Page 782 (CHAPTER 508, SB 337)κ
4. If, at the express request of a customer, a copy of a prescription for any controlled substance is furnished to another pharmacist, the original prescription shall be voided and notations shall be made thereon showing the date and the name of the pharmacist to whom the copy was furnished. The pharmacist receiving the copy shall call the prescribing physician for a new prescription.
Sec. 19. NRS 639.239 is hereby amended to read as follows:
639.239 Members, inspectors and investigators of the board, inspectors of the Food and Drug Administration and agents of the [narcotic and dangerous drug division in the office of the commission on crimes, delinquency and corrections] department of law enforcement assistance are authorized to remove an original prescription from a prescription file, if the prescription in question is considered necessary as evidence in a criminal action or an administrative proceeding, or contemplated proceeding, and if a true copy containing all of the information appearing on the prescription is substituted therefor. Both the copy and the original prescription shall be dated and initialed by the member, inspector, investigator and agent and by the registered pharmacist in charge, indicating that all of the information appearing on the original prescription, on that date, also appears on the copy thereof.
Sec. 20. NRS 639.247 is hereby amended to read as follows:
639.247 1. Any hearing held for the purpose of suspending or revoking any certificate, certification, license or permit shall be conducted publicly by the board. The hearing shall be presided over by a member of the board and three members shall constitute a quorum. Any decision by the board shall require the concurrence of at least three members. The proceedings of all such hearings shall be reported or recorded by an official court reporter or other qualified person.
2. The member of the board presiding at the hearing or the secretary shall have the authority to administer oaths and affirmations. Continuances and adjournments may be ordered, or may be granted, by the member presiding, for cause shown and by orally notifying those persons present of the time and place at which the hearing will be continued.
3. The respondent may appear in person or by legal counsel.
[4. In any such proceeding the board may, in its discretion, provide for the service of the attorney general or a deputy attorney general to sit with the board to advise them in reference to points of law which may arise during the course of the hearing.]
Sec. 21. NRS 639.255 is hereby amended to read as follows:
639.255 1. The holder of any certificate, license or permit issued by the board, whose default has been entered or who has been heard by the board and found guilty of the violations alleged in the accusation, may be disciplined by the board by [any] one or more of the following methods:
(a) Suspending judgment;
(b) Placing the certificate, license or permit holder on probation;
(c) Suspending the right of the certificate holder to practice, or the right to use any license or permit, for a period not to exceed 1 year;
(d) Revoking the certificate, license or permit; [or]
(e) [Taking such other action in relation to disciplining him as the board, in its discretion, may deem proper.]
κ1973 Statutes of Nevada, Page 783 (CHAPTER 508, SB 337)κ
board, in its discretion, may deem proper.] Public or private reprimand; or
(f) Imposition of a fine not to exceed $1,000.
2. Such action by the board shall be final, except that the propriety of such action is subject to review upon questions of law by a court of competent jurisdiction.
Sec. 22. NRS 639.283 is hereby amended to read as follows:
639.283 Any person who, while on duty in a pharmacy licensed by the board, sells, dispenses or compounds any prescription, or sells any drug or poison while [so] under the influence of intoxicating liquor or any [drug that he is unable properly to perform his duties] depressant drug or controlled substance is guilty of a misdemeanor.
Sec. 23. NRS 639.290 is hereby amended to read as follows:
639.290 The board may cause prosecution for violations of the provisions of this chapter, and may:
1. Employ clerical personnel and such assistants, inspectors, investigators and other professional consultants as it may deem proper to investigate violations of this chapter and enforce the provisions thereof.
2. Employ an attorney or obtain the services of the attorney general or his deputy to assist in [prosecution under this chapter and for any other purpose which the board may deem necessary.] the enforcement of this chapter.
3. Fix the compensation for persons authorized to be employed by the provisions of subsections 1 and 2, and pay the same out of the funds of the board.
Sec. 24. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 25 to 27, inclusive, of this act.
Sec. 25. The board in its discretion may, without an examination, register as a pharmacist any person who:
1. Is registered as a pharmacist in another jurisdiction if such pharmacist was required to take an examination in order to be registered in such other jurisdiction;
2. If he produces evidence satisfactory to the board of having had the required secondary and professional education and training; and
3. If he is possessed of good morals, as is demanded of applicants for registration and renewal of registration under the provisions of this chapter.
The provisions of this section apply only if pharmacists registered in this state are granted similar privileges by the state in which the applicant is registered.
Sec. 26. Any pharmacist who knowingly submits to the state or any of its political subdivisions or any agent thereof, a charge or claim for drugs or medical supplies furnished to or for any person receiving medical care under any program of public assistance, which is false or which is in excess of any amount duly established by law or regulations promulgated by the department of health, welfare and rehabilitation or by the governing body of any political subdivision, as the price or fee for the furnishing of such drug or medical supplies, is guilty of a felony.
κ1973 Statutes of Nevada, Page 784 (CHAPTER 508, SB 337)κ
Sec. 27. Controlled substances means a drug, substance or immediate precursor enumerated in NRS 453.161 to 453.206, inclusive.
Sec. 28. NRS 639.185 is hereby repealed.
________
Senate Bill No. 376Senator Raggio
CHAPTER 509
AN ACT to amend NRS 248.275; increasing sheriffs fees for service of process and related matters.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 248.275 is hereby amended to read as follows:
248.275 1. The sheriff of each county in this state may charge and collect the following fees:
For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except a writ of habeas corpus, on every defendant........................................................................... [$2.00] $5.00
For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile............ .50
If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.
For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking........................................................... [1.50] 3.00
For a copy of any writ, process or other paper, when demanded or required by law, for each [folio] page..................................................... [.30] .50
For serving every notice, rule or order...................................... [1.00] 5.00
For serving a subpena, for each witness summoned................ [.50] 5.00
For traveling, per mile in serving subpenas, or a venire, in going only, for each mile.................................................................................................. .50
When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.
For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons........................... [3.00] 5.00
For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper............................................................................ [2.00] 4.00 For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which shall be collected from the party receiving the certificate.................................................. [$2.00] $5.00
κ1973 Statutes of Nevada, Page 785 (CHAPTER 509, SB 376)κ
For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which shall be collected from the party receiving the certificate......... [$2.00] $5.00
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof.. [5.00] 10.00
For serving a writ of possession or restitution, putting any person into possession entitled thereto............................................... [5.00] 10.00
For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile .................................................................................................... .50
The sheriff may charge and collect $0.50 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed $10.00.
2. The sheriff may also charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.
(b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $500, 1 percent; on all over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.
(d) For all services in justices courts, the same fees as are allowed [constables.] in subsection 1 and paragraphs (a), (b) and (c) of this subsection.
3. The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving such property, as the court from which the writ or order may issue certifies to be just and reasonable.
4. In service of a subpena or a venire in criminal cases, the sheriff shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.
5. The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution of order of sale, shall be collected from the defendants, by virtue of such execution or order of sale, in the same manner as the execution is directed to be made.
6. All fees collected by a sheriff shall be paid into the county treasury of his county on or before the 5th day of the month next succeeding the month in which such fees are collected.
________
κ1973 Statutes of Nevada, Page 786κ
Senate Bill No. 378Senator Dodge
CHAPTER 510
AN ACT increasing the compensation of directors of water conservancy and irrigation districts.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 541.110 is hereby amended to read as follows:
541.110 1. Each director before entering upon his official duties shall take and subscribe to an oath, before an officer authorized to administer oaths, that he will support the constitutions of the United States and the State of Nevada and will honestly, faithfully and impartially perform the duties of his office.
2. Upon taking oath, the board shall choose one of their number chairman of the board and president of the district, and shall elect some suitable person secretary of the board and of the district, who may or may not be a member of the board. The board shall adopt a seal and shall keep in a well-bound book a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts, which shall be open to inspection of all owners of property in the district, as well as to all other interested persons.
3. Each member of the board shall receive as compensation for his service such sum as shall be ordered by the board, not in excess of the sum of [$15] $25 per diem for any meeting of the board, and necessary traveling expenses actually expended while engaged in the performance of his duties.
Sec. 2. NRS 539.080 is hereby amended to read as follows:
539.080 1. The members of the board of directors shall each receive not more than [$25] $35 per day and actual traveling expenses for each day spent attending meetings of the board or while engaged in official business under the order of the board.
2. The board shall fix the compensation to be paid to the other officers named in this chapter; but the board shall, upon the petition of a majority of the electors within the district, submit to the electors at any general election of the district a schedule of salaries and fees to be paid the directors and officers thereof. Such petition shall be presented to the board 20 days prior to such general election and a schedule of salaries and fees submitted upon a two-thirds vote therefor shall be put into effect upon the first of the month next ensuing.
________
κ1973 Statutes of Nevada, Page 787κ
Senate Bill No. 384Committee on Health, Welfare and State Institutions
CHAPTER 511
AN ACT relating to psychologists; expanding the meaning of practice of psychology; making the uncertified practice of psychology a misdemeanor; enabling a psychotherapist to perform without supervision or collaboration of a physician.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 641.020 is hereby amended to read as follows:
641.020 Unless otherwise indicated by the context, words and phrases or variants thereof employed in this chapter shall be construed and given meanings, for the purpose of this chapter, in accordance with the following definitions:
1. Board means the board of psychological examiners.
2. Certificate means a certificate of registration as a psychologist.
3. Certificatee means a person certified as a psychologist by the board.
4. Person means any individual, partnership, association or corporation.
5. Practice of psychology means the application of established principles of learning, motivation, perception, thinking and emotional relationships to problems of personnel evaluation, group relations and behavior adjustment. [by persons trained in psychology.] The application of such principles includes, but is not restricted to:
(a) Counseling and the use of psychotherapeutic measures, including hypnosis, with persons or groups with adjustment problems in the areas of work, family, school or personal relationships.
(b) Measuring and testing of personality, intelligence, aptitudes, emotions, public opinion, attitudes and skills.
[(c) Doing research on problems relating to human behavior.]
6. Psychologist means a person who describes himself, or his services, to the public by any title or description which incorporates the word psychological, psychologist or psychology, and [under such title] offers to render or renders psychological services to individuals, partnerships, associations, corporations or other members of the public for remuneration.
Sec. 2. NRS 641.390 is hereby amended to read as follows:
641.390 1. No person shall represent himself as a psychologist within the meaning of this chapter or engage in the practice of psychology unless he is certified under the provisions of this chapter, except that any psychological scientist employed by an accredited educational institution or public agency which has set explicit standards may represent himself by the title conferred upon him by such institution or agency.
2. Nothing contained in this section shall be construed as granting approval for any person to offer his services as a psychologist to any other person as a consultant, and to accept remuneration for such psychological services, other than that of his institutional salary, unless he has been certified under the provisions of this chapter.
κ1973 Statutes of Nevada, Page 788 (CHAPTER 511, SB 384)κ
3. A student of psychology, a psychological intern, and any other person preparing for the profession of psychology under the supervision of a qualified psychologist in training institutions or facilities recognized by the board may be designated by the title psychology trainee, or any other title which clearly indicates his training status.
Sec. 3. NRS 641.400 is hereby amended to read as follows:
641.400 1. Nothing in this chapter shall in any way restrict the use of the term social psychologist by any person who has received a doctoral degree in sociology from an institution whose credits in sociology are acceptable to the University of Nevada System, and who has passed comprehensive examinations in the field of social psychology as a part of the requirements for the doctoral degree, or has had equivalent specialized training in social psychology, and who has notified the board of his intention to use the term social psychologist and filed a statement of the fact demonstrating his compliance with this section.
2. Nothing in this chapter shall be construed to prevent any [person] member of another licensed profession from using psychological tests or techniques if such person does not represent himself as a psychologist [.] or hold himself out by a title or description incorporating psychological, psychologist or psychology.
Sec. 4. NRS 641.420 is hereby amended to read as follows:
641.420 No person, other than a person certified under this chapter, may engage in the practice of psychology, or employ or use the title psychologist, or the words psychological or psychology in connection with his work, or in any way imply that he is certified by the board, unless he is certified under this chapter, except as specified in NRS 641.390, 641.400 and 641.410.
Sec. 5. 641.430 is hereby amended to read as follows:
641.430 1. Nothing in this chapter shall authorize the administration or prescription of drugs, or authorize any person to engage in any manner in the practice of medicine or optometry as defined in the laws of this state. A psychologist who engages in psychological therapy, commonly called psychotherapy, shall [perform such services under the direct supervision of or in genuine collaboration with a qualified physician.] make adequate provision for the treatment of medical problems through appropriate medical consultation or referral, or both. In the event of suspected violation of this section by any person certified under this chapter, the board of medical examiners of the State of Nevada may conduct an investigation to determine the facts surrounding the alleged violation. To assist the board of medical examiners in this investigation, the board of psychological examiners shall make available to the board of medical examiners any information in its possession bearing upon the alleged violation. Upon finding that a violation has in fact occurred, the board of medical examiners may either:
(a) Recommend appropriate disciplinary action to the board of psychological examiners; or
(b) Initiate appropriate action in a court of law.
2. The board of medical examiners of the State of Nevada is empowered to review the application and any supporting documentation of a certificatees qualifications which have been submitted to the board of psychological examiners, or any other evidence bearing upon a certificatees qualifications to be certified as a psychologist in the State of Nevada, and may, on the basis of its review, recommend to the board of psychological examiners the suspension or revocation of the certificate of any certificatee deemed to be unqualified by the board of medical examiners.
κ1973 Statutes of Nevada, Page 789 (CHAPTER 511, SB 384)κ
psychological examiners, or any other evidence bearing upon a certificatees qualifications to be certified as a psychologist in the State of Nevada, and may, on the basis of its review, recommend to the board of psychological examiners the suspension or revocation of the certificate of any certificatee deemed to be unqualified by the board of medical examiners. Upon such recommendation, the board of psychological examiners must review the certificatees credentials to determine whether the certificate of the certificatee in question should be suspended or revoked or remain in effect.
Sec. 6. NRS 641.440 is hereby amended to read as follows:
641.440 Any person who violates any of the provisions of this chapter or, having had his certificate suspended or revoked, continues to represent himself as a psychologist, or engages in the practice of psychology is guilty of a misdemeanor.
________
Senate Bill No. 429Committee on Education
CHAPTER 512
AN ACT relating to school personnel; revising the procedures for demotion, dismissal and refusal to reemploy; providing for hearings before a hearing officer or hearing commission; and providing other matters properly relating thereto.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. There is hereby created a hearing officer list which shall consist of not less than 50 Nevada resident attorneys at law, including retired judges. Hearing officers on the list shall be appointed by the state board of education following nomination by the State Bar of Nevada and the Nevada Trial Lawyers Association.
2. Hearing officers shall be appointed for a term of 2 years or until resignation or removal for cause by the state board of education. Vacancies shall be filled as necessary following the procedure set forth in subsection 1.
3. A hearing officer shall conduct hearings in cases of demotion, dismissal or nonreemployment based on grounds contained in paragraphs (b), (f), (g), (h), (m) and (p) of subsection 1 of NRS 391.312.
Sec. 3. A hearing commission composed of 3 members shall hear and make recommendations in cases of demotion, dismissal or nonreemployment based on grounds contained in paragraphs (a), (c), (d), (e), (i), (j), (k), (l), (n) and (o) of subsection 1 of NRS 391.312.
1. One member of such commission shall be selected by the board, one member shall be selected by the certificated employee, and the third member, who shall act as chairman, shall be selected by the superintendent of public instruction from the state department of education hearing officer list.
κ1973 Statutes of Nevada, Page 790 (CHAPTER 512, SB 429)κ
member, who shall act as chairman, shall be selected by the superintendent of public instruction from the state department of education hearing officer list.
2. The two education members shall be selected as needed to hear individual cases as set forth in this section.
3. The members appointed respectively by the board and certificated employee shall have at least 4 years experience in the field of education.
4. If a request is made to the state superintendent of public instruction for appointment of a hearing officer, the state superintendent, within 10 days from the receipt of such request, shall designate seven attorneys on the hearing list.
Sec. 4. 1. It is the intent of the legislature that a uniform system be developed for objective evaluation of teacher personnel in each school district.
2. Each board of school trustees, following consultation and involvement of elected representatives of teacher personnel or their designees, shall develop an objective evaluation policy which may include self, student, administrative or peer evaluation or any combination thereof. A copy of the evaluation policy adopted by the board of trustees shall be filed with the state board of education.
3. Each probationary teacher shall be evaluated in writing at least twice each year. The first evaluation shall take place no later than 60 school days after the teacher enters service under the contract and the second shall take place no later than March 1.
4. Each postprobationary teacher shall be evaluated at least once each year.
5. The evaluation of a probationary teacher or a postprobationary teacher shall, if necessary, include recommendations for improvement in teaching performance. A reasonable effort shall be made to assist the teacher to correct deficiencies noted in the evaluation. The teacher shall receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teachers response shall become a permanent attachment to the teachers personnel file.
Sec. 5. Each board of school trustees, following consultation and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective evaluation policy which may include self, student, administrative or peer evaluation or any combination thereof. A copy of the evaluation policy adopted by the board of trustees shall be filed with the state board of education.
Sec. 6. Any certificated employee who has achieved postprobationary status in a Nevada school district and is contracted in a second or subsequent school district shall have a probationary period not to exceed 2 consecutive years of employment in that district.
Sec. 7. 1. The provisions of NRS 391.311 to 391.3197, inclusive, and sections 2 to 7, inclusive, of this act do not apply to a teacher who has entered into a contract with the board as a result of the Local Government Employee-Management Relations Act, if such contract provides separate provisions relating to the boards right to dismiss or refuse to reemploy such teacher.
Sec. 8. NRS 391.311 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 791 (CHAPTER 512, SB 429)κ
391.311 The following terms, whenever used or referred to in NRS 391.312 to 391.3196, inclusive, and in sections 2 to 7, inclusive, of this act, have the following meaning unless a different meaning clearly appears in the context:
1. Administrator means any [teacher] certificated employee the majority of whose working time is devoted to service as a superintendent, supervisor, principal [,] or vice principal [or the director of a division or its equivalent] in a school district.
2. Board means the board of trustees of the school district wherein a teacher affected by NRS 391.311 to 391.3196, inclusive, and sections 2 to 7, inclusive, of this act, is employed.
3. Demotion means demotion of an administrator.
4. Postprobationary teacher means a teacher who has completed 3 consecutive probationary teacher contracts in a Nevada school district and is employed for a 4th consecutive year.
5. Probationary teacher means a teacher in the first 3 consecutive contract years of employment in a school district, including any authorized leave of absence during that period.
6. Superintendent means the superintendent of a school district or the person acting as such.
[4.] 7. Teacher means [any] a certificated employee [of a board of trustees of a school district who has been employed by such board of trustees on a permanent basis at the end of the probationary periods as provided in NRS 391.3197.] the majority of whose working time is devoted to the rendering of direct educational service to students of a school district.
Sec. 9. NRS 391.3115 is hereby amended to read as follows:
391.3115 The demotion, dismissal and nonreemployment provisions of NRS 391.311 to 391.3197, inclusive, and sections 2 to 7, inclusive, of this act do not apply to: [substitute teachers or teachers employed for adult education.]
1. Substitute teachers;
2. Adult education teachers;
3. Certificated employees who are employed in positions fully funded by a federal or private categorical grant. Any such employee shall be employed only for the duration of the grant, but during such period of employment, the employee shall receive credit toward his postprobationary status and shall not be dismissed, suspended or demoted except as otherwise provided in NRS 391.311 to 391.3197, inclusive, and sections 2 to 7, inclusive, of this act.
4. Certificated employees who are employed on temporary contracts in place of certificated employees on authorized leaves of absence; but during such period of employment, the temporary employee shall receive credit toward his postprobationary status and shall not be dismissed, suspended or demoted except as otherwise provided in NRS 391.311 to 391.3197, inclusive, and sections 2 to 7, inclusive, of this act.
Sec. 10. NRS 391.312 is hereby amended to read as follows:
391.312 1. A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:
κ1973 Statutes of Nevada, Page 792 (CHAPTER 512, SB 429)κ
(a) Inefficiency;
(b) Immorality;
(c) Unprofessional conduct;
(d) Insubordination;
(e) Neglect of duty;
(f) Physical or mental incapacity;
(g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;
(h) Conviction of a felony or of a crime involving moral turpitude;
(i) Inadequate performance;
(j) Evident unfitness for service;
(k) Failure to comply with such reasonable requirements as a board may prescribe;
(l) Failure to show normal improvement and evidence of professional training and growth;
(m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;
(n) Any cause which constitutes grounds for the revocation of a teachers state certificate;
(o) Willful neglect or failure to observe and carry out the requirements of this Title; or
(p) Dishonesty.
2. In determining whether the professional performance of a [teacher] certificated employee is inadequate, consideration shall be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.
Sec. 11. NRS 391.313 is hereby amended to read as follows:
391.313 1. Whenever [a principal or other school] an administrator charged with supervision of a [teacher finds it] certificated employee believes it is necessary to admonish a [teacher] certificated employee for a reason that he believes may lead to demotion, dismissal or cause the [teacher] certificated employee not to be reemployed [,] under the provisions of NRS 391.312, he shall:
[1.] (a) Bring the matter to the attention of the [teacher] certificated employee involved, in writing, and make a reasonable effort to assist the [teacher] employee to correct whatever appears to be the cause for potential dismissal or failure to reemploy; and
[2.] (b) Except as provided in NRS 391.314, allow reasonable time for improvement, which shall not exceed 3 months [.] for the first admonishment.
2. A certificated employee may be subject to immediate dismissal or nonreemployment according to the procedures provided in NRS 391.311 to 391.3197, inclusive, and sections 2 to 7, inclusive, of this act without the admonishment required by this section on grounds contained in paragraphs (f), (g), (h) and (p) of subsection 1 of NRS 391.312.
Sec. 12. NRS 391.314 is hereby amended to read as follows:
391.314 1. Whenever a superintendent has reason to believe that cause exists for the dismissal of a [teacher] certificated employee and when he is of the opinion that the immediate suspension of the [teacher] employee is necessary in the best interests of the children in the district, the superintendent may suspend the [teacher] employee without notice and without a hearing.
κ1973 Statutes of Nevada, Page 793 (CHAPTER 512, SB 429)κ
cause exists for the dismissal of a [teacher] certificated employee and when he is of the opinion that the immediate suspension of the [teacher] employee is necessary in the best interests of the children in the district, the superintendent may suspend the [teacher] employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent shall automatically suspend a [teacher that] certificated employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude. If the charge is dismissed or if the [teacher] employee is found not guilty, he shall be reinstated with back pay and normal seniority. The superintendent shall notify the [teacher] employee in writing of the suspension.
2. Within 10 days after such suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, and sections 2 to 7, inclusive, of this act, to effect the [teachers] certificated employees dismissal.
3. If sufficient grounds for dismissal do not exist, the [teacher] employee shall be reinstated without loss of compensation.
4. A superintendent may discipline a certificated employee by suspending the employee for up to 2 days with loss of pay at any time after a due process hearing has been held. The grounds for suspension are the same as the grounds contained in NRS 391.312. The suspension provisions of this section may not be invoked more than once during the certificated employees contract year.
Sec. 13. NRS 391.315 is hereby amended to read as follows:
391.315 1. A superintendent may [, or at the direction of the board shall,] recommend that a teacher be dismissed or not reemployed.
2. A superintendent may recommend that an administrator be demoted, dismissed or not reemployed.
3. The board may recommend that a superintendent be dismissed or not reemployed.
4. In the event the board recommends that a superintendent be demoted, dismissed or not reemployed, it may request the appointment of a hearing officer or hearing commission, depending upon the grounds for such recommendation.
Sec. 14. NRS 391.317 is hereby amended to read as follows:
391.317 1. At least 15 days before recommending to a board that it demote, dismiss or not reemploy a [teacher,] certificated employee, the superintendent shall give written notice to the [teacher,] employee, by registered or certified mail, of his intention to make such recommendation.
2. Such notice shall:
(a) Inform the [teacher] certificated employee of the grounds for the recommendation.
(b) Inform the [teacher] employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the [teacher] employee is entitled to a hearing before a [panel of the professional review committee.] hearing officer or hearing commission, depending on the grounds for the recommendation.
(c) Refer to chapter 391 of NRS.
[3. The superintendent, if he determines that the best interests of education in the district would be served, may also request a panel of the professional review committee to review the matter.]
κ1973 Statutes of Nevada, Page 794 (CHAPTER 512, SB 429)κ
education in the district would be served, may also request a panel of the professional review committee to review the matter.]
Sec. 15. NRS 391.318 is hereby amended to read as follows:
391.318 1. If [no] a request for a [review] hearing is not made within the time period allowed, the superintendent shall file his recommendation with the board. The board may, by resolution, act on the recommendation as it sees fit.
2. If a request for a [review] hearing is made, the superintendent shall not file his recommendation with the board until a report of [a panel of the professional review committee] the hearing officer or hearing commission is filed with him.
Sec. 16. NRS 391.3191 is hereby amended to read as follows:
391.3191 The [teacher] certificated employee and the superintendent may each challenge not more than [three] five members of the [professional review committee,] hearing officer list, and the superintendent of public instruction shall not appoint any challenged person. [to the panel. The panel members shall be broadly representative of various levels of responsibility within the teaching profession.]
Sec. 17. NRS 391.31915 is hereby amended to read as follows:
391.31915 1. After appointment of the [panel,] list, the [teacher] certificated employee and superintendent are entitled:
(a) To [three peremptory challenges each.
(b) To challenge for cause any member appointed to the panel who does not meet the requirements provided for in NRS 391.319.
2. The superintendent of public instruction shall remove from the panel those members challenged, and shall appoint additional members of the professional review committee.] challenge peremptorily one of the list at a time, alternately, until only one remains, who shall serve as hearing officer for the hearing. The superintendent and certificated employee shall draw lots to determine first choice to challenge a member of the list.
(b) To challenge peremptorily the hearing officer appointed to a hearing commission when such commission is required, in which case:
(1) The superintendent and certificated employee shall each have two peremptory challenges.
(2) The superintendent and certificated employee may exercise their two challenges until they have exhausted their right to challenge or waive their right to such challenge.
2. The state department of education shall prepare a procedure for exercising challenges to the hearing officer and hearing commission chairman and set time limits in which the challenges may be exercised by the certificated employee and superintendent.
Sec. 18. NRS 391.3192 is hereby amended to read as follows:
391.3192 1. As soon as possible after the time of his or its designation, the [panel shall elect a chairman and] hearing officer or hearing commission shall [conduct an investigation] hold a hearing to determine whether the grounds for the recommendation are substantiated.
2. The state department of education shall furnish the [panel] hearing officer or hearing commission with any assistance which is reasonably required to conduct [its] the [investigation, and] hearing, and the [panel] hearing officer or hearing commission may require witnesses to give testimony under oath and produce evidence relevant to its investigation.
κ1973 Statutes of Nevada, Page 795 (CHAPTER 512, SB 429)κ
required to conduct [its] the [investigation, and] hearing, and the [panel] hearing officer or hearing commission may require witnesses to give testimony under oath and produce evidence relevant to its investigation.
3. The [teacher] certificated employee and superintendent are entitled to be heard, to be represented by counsel and to call witnesses in their behalf.
4. The hearing officer shall be reimbursed reasonable actual expenses and not more than $150 per day for actual time served. If requested by the hearing officer, an official transcript shall be made.
5. The board and the certificated employee shall be equally responsible for the expense and salary of the hearing officer and the official transcript when requested by the hearing officer.
6. The appointed commission members shall not forfeit any salary or employment benefits for performing their duties as commission members.
7. The state board of education shall develop a set of uniform standards and procedures to be used in such a hearing. The technical rules of evidence shall not apply.
Sec. 19. NRS 391.3193 is hereby amended to read as follows:
391.3193 1. Except as provided in subsection 3, within [15] 30 days from the time of [its] the designation, the [panel] hearing officer or hearing commission shall complete [its investigation] the hearing and shall prepare and file a written report with the superintendent and the [teacher] certificated employee involved.
2. The report shall contain an outline of the scope of [its investigation and its] the hearing findings [,] of fact and conclusions of law, and recommend a course of action to be taken by the board.
3. If it appears that the report cannot be prepared within [15] 30 days, the [teacher] certificated employee and the superintendent shall be so notified prior to the end of such period, and the [panel] hearing officer or hearing commission may take the time necessary not exceeding [30] 40 days from the time of [its] the designation [properly] to [perform its duty.] file the written report and recommendation.
4. The certificated employee and the superintendent or his designee may mutually agree to waive any of the time limits applicable to the hearing procedure under NRS 391.311 to 391.3196, inclusive, and sections 2 to 7, inclusive, of this act.
Sec. 20. NRS 391.3194 is hereby amended to read as follows:
391.3194 1. Within 5 days after the superintendent receives the report [and recommendation,] of the hearing officer or hearing [panel] commission, he shall either withdraw the [charges against the teacher] recommendation to demote, dismiss or not reemploy the certificated employee or file his recommendation with the board. [accompanied by a copy of the report of the panel.]
2. [Within 5 days] At the next regular board meeting after the receipt of the recommendation of the superintendent, [and before any formal action is taken, the board shall notify the teacher by registered or certified mail of the recommendation of the superintendent.] the board shall either accept or reject the hearing officers or hearing commissions recommendation and notify the teacher in writing of its decision.
κ1973 Statutes of Nevada, Page 796 (CHAPTER 512, SB 429)κ
recommendation and notify the teacher in writing of its decision. [The board shall also notify the teachers immediate supervisor, if other than the superintendent, of the recommendation and furnish him with a report.
3. The teacher may, within 5 days after receipt of the board notice, direct a written request to the board for a hearing.
4. Within 10 days after receipt of such request, the board shall:
(a) Set a time and place for a hearing.
(b) Notify the superintendent and the teacher of the hearing.
5. If the teacher does not make a request for a hearing within the time allowed, the board may, by resolution, act on the recommendation.]
3. The board may, prior to making a decision, refer the report back to the hearing officer or hearing commission for further evidence and recommendations. The hearing officer or hearing commission shall have 15 days to complete the report and file it with the board and mail a copy to the superintendent and certificated employee.
4. The certificated employee or board may appeal the decision to a district court within the time limits and as provided in chapter 233B of NRS.
Sec. 21. NRS 391.3196 is hereby amended to read as follows:
391.3196 1. On or before April 1 of each year, the [boards] board of trustees [of the several school districts] shall notify [,] certificated employees, in writing, by certified mail or by delivery of a certificated employees contract, to the [teachers] certificated employees in their employ, concerning their reemployment for the ensuing year. If the board, or the person designated by it, fails to notify a [teacher] certificated employee who has been employed by a school district [for a majority of the current year] of his status for the ensuing year, the [teacher] employee shall be deemed to be reemployed for the ensuing year. [on the same terms as existed during the current year, and the board shall issue a contract to such teacher as though the board had reemployed such teacher in the usual manner.]
2. This section does not apply to any [teacher] certificated employee who has been recommended to be demoted, dismissed or not [to be] reemployed if such proceedings have commenced and no final decision has been made by the board. [concerning such recommendation.]
3. Any [teacher] certificated employee who is reemployed pursuant to subsection 1 shall by April 10 notify the board of trustees in writing of his acceptance of [the contract.] employment. Failure on the part of the [teacher] employee to notify the board of acceptance within the specified time limit shall be conclusive evidence of the [teachers] employees rejection of the contract.
4. If the [teachers] certificated employees are represented by a recognized employee organization pursuant to chapter 288 of NRS, and negotiation has been commenced pursuant to NRS 288.180, then the provisions of subsections 1, 2 and 3 shall not apply except [that] for nonreemployment procedures and prior to April 10 of each year the [teachers] employees shall notify the board in writing, on forms provided by the board, of their intention to accept reemployment. Any agreement negotiated by the recognized employee organization and the board shall become a part of the contract of employment between the board and the [teacher.]
κ1973 Statutes of Nevada, Page 797 (CHAPTER 512, SB 429)κ
board and the [teacher.] employee. The board of trustees shall mail contracts, by certified mail with return receipts requested, to each [teacher] employee to be reemployed at his last known address or shall deliver such contract in person to each [teacher,] employee, obtaining a receipt therefor. Failure on the part of the [teacher] employee to notify the board of acceptance within 10 days after receipt of such [letter] contract shall be conclusive evidence of the [teachers] employees rejection of the contract.
Sec. 22. NRS 391.3197 is hereby amended to read as follows:
391.3197 1. Teachers employed by a board of trustees shall be on probation annually for the first 3 consecutive years [,] of employment unless on an approved leave of absence, provided their services are satisfactory, or they may be dismissed at any time at the discretion of the board. [of trustees. A teacher employed on a probationary contract for the first 3 years of his employment shall not be entitled to be under the provisions of NRS 391.311 to 391.3196, inclusive.
However, prior to formal action by the board, the probationary teacher shall be given the reasons for the recommendation to dismiss or not to renew the contract and be given the opportunity to reply.
2. The provisions of NRS 391.311 to 391.3197, inclusive, are not applicable to a teacher who has entered into a contract with the board as a result of the Local Government Employee-Management Relations Act and such contract provides separate provisions relating to the boards right to dismiss or refuse to reemploy such teacher.]
2. Prior to dismissal or nonrenewal, the teacher may obtain a due process hearing before the board or, at the discretion of the board, a hearing before a hearing officer or hearing commission as set out in NRS 391.311 to 391.3196, inclusive, and sections 2 to 7, inclusive, of this act. The appeal provisions of chapter 233B of NRS do not apply for a probationary teacher.
Sec. 23. NRS 391.316, 391.319, 391.31945, 391.3195 and 391.31955 are hereby repealed.
________
Senate Bill No. 506Committee on Federal, State and Local Governments
CHAPTER 513
AN ACT authorizing the treasurer of Mineral County, Nevada, to convey certain real property to Milton A. May and Thelma E. May, husband and wife, as joint tenants.
[Approved April 22, 1973]
Whereas, By a deed dated and recorded July 18, 1910, in the office of the recorder of Esmeralda County, Nevada, in Book 20 of Tax Deeds, at page 104, Joseph Hamilton, as treasurer of Esmeralda County, conveyed to Joseph Hamilton, as trustee for Esmeralda County, lot 16 in block 43, as shown on the map of the Town of Hawthorne, by reason of failure of the owner of such lot to pay taxes levied thereon for the year of 1909, such taxes and penalty being in the total amount of $2.89, and there being an additional charge of $3.00 for the preparation and recordation of the deed; and
κ1973 Statutes of Nevada, Page 798 (CHAPTER 513, SB 506)κ
such taxes and penalty being in the total amount of $2.89, and there being an additional charge of $3.00 for the preparation and recordation of the deed; and
Whereas, By act of the legislature of the State of Nevada in the year 1911 a portion of Esmeralda County was detached therefrom and a new county was formed and designated as Mineral County; and
Whereas, The 1911 tax roll for Mineral County, at page 66, assessed such lot to unknown owners. There is no indication that the tax was paid for that year, but the Mineral County tax deed for the year 1911 recorded in volume 1 of deeds, at page 535, in the office of the recorder of Mineral County, Nevada, does not include such lot, and it does not appear that a certificate of sale for the year 1911 was ever issued by the county treasurer. The Mineral County tax roll for 1912 shows the property assessed in the name of Thomas Connelly. There is no deed of record in the office of the recorder of either Mineral County or Esmeralda County naming Thomas Connelly as grantee of this lot. By various conveyances from Thomas Connelly and his successors in interest the property finally became vested in Milton A. May and Thelma E. May, his wife, as joint tenants, by deed recorded February 17, 1964, in book 21 of deeds, at page 479, and it appears that taxes have been levied on such property and paid during all years from 1912 to and including the present time. The taxes and penalties and costs of deed in the amount of $5.89, with interest thereon at the rate of 10 percent per annum for a period of 63 years, is in the amount of $37.11; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The treasurer of Mineral County, State of Nevada, is authorized to execute a deed conveying to Milton A. May and Thelma E. May, his wife, as joint tenants with right of survivorship, lot 16 in block 43, as shown on the map of the town of Hawthorne, upon payment to the county treasurer of the sum of $37.11 and such other charges as the county treasurer may require in connection with the execution and recordation of said deed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 799κ
Senate Bill No. 597Committee on Federal, State and Local Governments
CHAPTER 514
AN ACT to amend chapter 269 of NRS, relating to unincorporated towns, by providing that the board of county commissioners may appoint a citizens advisory council to act in an advisory and liaison capacity with respect to any unincorporated town the governing body of which is the board of county commissioners; providing for the enactment of an ordinance designating the powers, duties and qualifications of such citizens advisory councils; and providing other matters properly relating thereto.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 269 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. If the board of county commissioners determines that the best interests of an unincorporated town of which such board constitutes the governing body would best be served by the appointment of a citizens advisory council to act in an advisory and liaison capacity with respect to governing the affairs of such town it shall enact an ordinance creating such advisory council, designating its powers and duties and providing the qualifications of the members thereof.
Sec. 3. Any ordinance enacted pursuant to section 2 of this act shall include provisions in substance as follows:
1. The citizens advisory council shall consist of not less than three nor more than five members.
2. Each member of the advisory council shall be a resident, qualified elector and real property owner in the town.
3. The members of the advisory council shall be appointed by the board of county commissioners from among those persons in the town who possess the qualifications required by subsection 2, and during their respective terms shall serve at the pleasure of the board.
4. The members of the advisory council first appointed by the board of county commissioners shall serve until the 1st Monday in January following the next general election, and thereafter the terms of office of the members of the advisory council shall be for 2 years and shall begin on the 1st Monday in January following each general election.
5. The advisory council shall assist the board of county commissioners in governing the town by acting as liaison between the residents of the town and the board and by keeping the board advised as to all matters of interest to the town and the residents thereof; provided, however, that the advisory council shall not expend or contract any town funds for any purpose.
6. The members of the advisory council shall serve without compensation.
Sec. 4. The advisory council shall elect such officers from within its membership, fix such time and place of meetings, adopt such rules of procedure and keep such records all as in its sole discretion it shall determine consistently with the purposes of sections 2 to 6, inclusive, of this act.
Sec. 5. It is the intent of sections 2 to 6, inclusive, of this act that the existence and activities of the advisory council shall in no way diminish the responsibility of the board of county commissioners in its capacity as the governing body of the town and in performing its duties as such, but that it shall bring to bear on the problems of the town the knowledge of a representative group of residents thereof.
κ1973 Statutes of Nevada, Page 800 (CHAPTER 514, SB 597)κ
the existence and activities of the advisory council shall in no way diminish the responsibility of the board of county commissioners in its capacity as the governing body of the town and in performing its duties as such, but that it shall bring to bear on the problems of the town the knowledge of a representative group of residents thereof.
Sec. 6. Citizens advisory councils for two or more towns may be created by one ordinance, and the initial ordinance may from time to time be amended to create citizens advisory councils for additional towns, if the board of county commissioners determines that all of such towns shall be governed by the same ordinance.
Sec. 7. NRS 269.010 is hereby amended to read as follows:
269.010 1. In the case of any disincorporated town or city, [or towns having a voting population of 600 or more,] or any town heretofore formed by the board of county commissioners, all the provisions of this chapter shall immediately apply thereto.
2. Except as provided in subsection 1, none of the powers or jurisdiction in this chapter authorized or required shall be exercised in any town or city until there shall have been filed in the [clerks office, of the county in which the same is situated,] office of the county clerk a written petition for the application of the provisions of this chapter to the town or city, signed by a majority of the actual residents thereof, representing at least three-fifths of its taxable property. When a petition is filed, the genuineness of its signatures and the qualification of its subscribers shall be established by the affidavits of reliable taxpayers of the town or city filed with such petition.
3. Except as provided in NRS 269.016 to 269.022, inclusive, the boards of county commissioners shall constitute the governing body of all unincorporated towns within their respective counties.
Sec. 8. This act shall become effective upon passage and approval.
________
Assembly Bill No. 566Messrs. Barengo and Bremner
CHAPTER 515
AN ACT relating to bail under the Uniform Criminal Extradition Act; changing certain conditions for admitting to bail.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 179.209 is hereby amended to read as follows:
179.209 Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, or unless the prisoner is charged as a parole violator or escaped convict, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state.
κ1973 Statutes of Nevada, Page 801 (CHAPTER 515, AB 566)κ
sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state. No prisoner may be admitted to bail after having been arrested upon the warrant of the governor of this state.
________
Assembly Bill No. 612Messrs. Dreyer, Huff and Ullom
CHAPTER 516
AN ACT to clarify that the use of the term official record in NRS 52.125 includes a fingerprint classification card, and that such card is presumed to be authentic.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 52.125 is hereby amended to read as follows:
52.125 1. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, is presumed to be authentic if it is certified as correct by the custodian or other person authorized to make the certification.
2. As used in subsection 1, the term official record shall include but not be limited to fingerprint classification cards kept by law enforcement agencies of the Federal Government, the State of Nevada or any other state.
________
Assembly Bill No. 448Committee on Ways and Means
CHAPTER 517
AN ACT relating to public welfare; providing enabling legislation to comply with the optional state supplementation and other provisions of the federal welfare reform legislation contained in P.L. 92-603; implementing federal requirements under Title XIX of the Social Security Act; and providing other matters properly relating thereto.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 427.110 is hereby amended to read as follows:
427.110 1. [The] Until December 31, 1973, the amount of assistance for any old-age assistance recipient shall be determined in accordance with the rules and regulations made by the welfare division. At no time shall the annual average grant for eligible individuals covered by the program exceed the average grant amount authorized by the legislature.
κ1973 Statutes of Nevada, Page 802 (CHAPTER 517, AB 448)κ
[Should] If federal matching funds [be] are withdrawn from the program at any time, for any reason, the expenditures for all eligible recipients currently covered by the program shall not exceed the State of Nevadas share of the average grant as authorized by the legislature.
2. Beginning on January 1, 1974, the amount of assistance for any old-age assistance recipient shall be determined in accordance with the rules and regulations made by the welfare division pursuant to section 1616 of the Social Security Act as amended by section 301 of P.L. 92-603, October 30, 1972, relating to optional state supplementation. At no time shall the individual supplemental amount for eligible individuals covered by the program exceed the individual supplemental amount authorized by the legislature. If federal funds are withdrawn from the program at any time, for any reason, the expenditures for all eligible recipients currently covered by the program shall not exceed the State of Nevadas supplemental amount as authorized by the legislature.
Sec. 2. NRS 428.270 is hereby amended to read as follows:
428.270 1. State aid to the medically indigent shall be in effect in all of the counties of the state for individuals specified in subsection 2.
2. [Any] Until December 31, 1973, any individual is eligible for assistance who:
(a) Qualified for aid or service under chapters 425, 426 or 427 of NRS, including individuals over 65 years of age in state tuberculosis or mental institutions; or
(b) Would qualify under such chapters except for duration of residence, lien requirements or responsible relative requirements; or
(c) Would qualify for aid or service as totally disabled, pursuant to Title XIV of the Social Security Act (42 U.S.C. §§ 1351-1355), if such a program were in effect in this state; or
(d) Is under the age of 21 years, medically indigent, not eligible for assistance under chapter 425 of NRS, and who belongs to a group classification which the board has determined can benefit by medical or remedial care.
3. Beginning on January 1, 1974, any individual is eligible for assistance who:
(a) Qualified for aid or service under chapter 425 of NRS and, as the welfare division by regulation may provide:
(1) Qualified under Title XVI of the Social Security Act as amended by section 301 of P.L. 92-603, October 30, 1972, relating to supplemental security income for the aged, blind and disabled, including individuals over 65 years of age in state tuberculosis or mental institutions; or
(2) Qualified under the standard for medical assistance in effect in this state on January 1, 1972, pursuant to section 209 of P.L. 92-603; or
(b) Is under the age of 21 years, medically indigent, not eligible for assistance under chapter 425 of NRS, and belongs to a group classification which the board has determined can benefit by medical or remedial care.
Sec. 3. NRS 428.290 is hereby amended to read as follows:
428.290 1. No enrollment fee, premium or similar charge and no deduction, cost sharing or similar charge with respect to the care and services listed in clauses (1) through (5) and clause (7) of section 1905(a) of the Social Security Act may be imposed as a condition of any individuals eligibility for state aid to the medically indigent.
κ1973 Statutes of Nevada, Page 803 (CHAPTER 517, AB 448)κ
of the Social Security Act may be imposed as a condition of any individuals eligibility for state aid to the medically indigent. Any deduction, cost sharing or similar charge imposed with respect to other care and services shall be nominal in amount.
2. A recipient shall first utilize all individual or group indemnification programs for which he is eligible, by contract or other legal entitlement, for medical or remedial care before utilizing state aid to the medically indigent. A recipient shall upon request of a provider of medical or remedial care, or upon request of the welfare division, execute a written assignment of his benefits under such indemnification programs to the providers of medical or remedial care to apply toward the cost of such care. Such indemnification programs include, but are not limited to, all private insurance carriers, Blue Shield and Blue Cross plans, prepaid group health plans, trusts, life care contracts, Medicare, military benefits including CHAMPUS, military facility care and Veterans Administration benefits. Whether such indemnification programs are provided by an individual, partnership, association, corporation, state or local agency, trustee, legal representative, employer or employee organization, or any other organized group, such indemnifiers shall recognize a written assignment of benefits signed by the beneficiary of such indemnification benefits.
3. A recipient may also be required to pay for a part of his medical or remedial care, if the division determines that he has available income or property.
________
Senate Bill No. 228Committee on Judiciary
CHAPTER 518
AN ACT relating to state government; providing for an executive secretary to serve jointly the state board of pardons commissioners and the state board of parole commissioners; and providing other matters properly relating thereto.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.010 is hereby amended to read as follows:
213.010 1. The state board of pardons commissioners shall consist of the governor, justices of the supreme court and the attorney general.
2. As used in NRS 213.010 to 213.100, inclusive, and section 5 of this act, board means the state board of pardons commissioners.
3. Meetings of the board for the purpose of considering applications for clemency shall be held semiannually or oftener, on such date as may be fixed by the board.
Sec. 2. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive, [and] section 2 of [this act] Senate Bill No. 229 of the 57th session of the legislature, and section 4 of this act:
κ1973 Statutes of Nevada, Page 804 (CHAPTER 518, SB 228)κ
1. Board means the state board of parole commissioners.
2. Department means the department of parole and probation.
3. Executive officer means the chief parole and probation officer, who is the executive officer of the department.
Sec. 3. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. 1. The board shall appoint an executive secretary, who shall be in the unclassified service of the state.
2. The executive secretary shall be selected on the basis of his training, experience, capacity and interest in correctional services.
3. The board shall supervise the activities of the executive secretary.
4. The executive secretary shall be the secretary of the board and shall perform such duties in connection therewith as the board may require including, but not limited to, preparing the agenda for board meetings and answering correspondence from prisoners in the state prison.
Sec. 5. The executive secretary of the state board of parole commissioners shall be the secretary of the board and shall perform such duties in connection therewith as the board may require without additional compensation.
Sec. 6. NRS 213.1094 is hereby amended to read as follows:
213.1094 1. The chief parole and probation officer shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
2. Assistant parole and probation officers, the executive secretary and employees of the board (except as provided in subsection 3 of NRS 284.140) shall be in the classified service of the state and shall receive such salaries as are fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
3. The chief parole and probation officer, assistant parole and probation officers, the executive secretary and employees of the board shall receive the per diem expense allowances and travel expenses as fixed by law.
4. The compensation, salaries and expenses of the chief parole and probation officer, assistant parole and probation officers, the executive secretary and employees of the board shall be paid, upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
5. The chief parole and probation officer shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 7. NRS 213.1093 is hereby repealed.
Sec. 8. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 805κ
Senate Bill No. 211Committee on Education
CHAPTER 519
AN ACT relating to handicapped persons; prescribing conditions for availability of educational benefits to persons over 21 years of age; and providing other matters properly relating thereto.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 395.020 is hereby amended to read as follows:
395.020 [A] 1. Except as provided in subsection 2, a visually or aurally handicapped person [shall be] is entitled to the benefits provided by this chapter if:
[l.] (a) He is not mentally or physically incapacitated to receive education or instruction; and
[2.] (b) He is free from offensive or contagious diseases; and
[3.] (c) He is unable to pay for his support, education and instruction in an institution for the visually or aurally handicapped; and
[4.] (d) His parent, relative, guardian or nearest friend is unable to pay for his support, education and instruction in an institution for the visually or aurally handicapped; and
[5.] (e) He is a resident of the State of Nevada. [No visually or aurally handicapped person over the age of 21 years shall be entitled to the benefits provided by this chapter unless he has been an actual, bona fide resident of the State of Nevada for a period of 5 years preceding the date of application for benefits.]
2. No visually or aurally handicapped person over the age of 21 years is entitled to the benefits provided by this chapter unless the enrollment period for the school year is prior to the 21st birthday of the person, in which case the school year may be completed.
________
Assembly Bill No. 749Messrs. Bremner, Fry, Broadbent, McNeel, Mrs. Brookman, Mr. Jacobsen, Mesdames Ford, Gojack, Messrs. Lowman, Robinson, Smalley, Mello, Barengo and Howard
CHAPTER 520
AN ACT to amend NRS 502.077, relating to issuance of special fishing permits, by extending the privilege to children living in public and charitable institutions.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 502.077 is hereby amended to read as follows:
502.077 1. Notwithstanding any other provision of this Title, annually, [upon the payment of the fee prescribed by subsection 3,] the department shall issue [to the superintendent and medical director of the Nevada mental health institute not to exceed 30 special fishing permit badges for use only by patients in the Nevada mental health institute.]
κ1973 Statutes of Nevada, Page 806 (CHAPTER 520, AB 749)κ
Nevada mental health institute not to exceed 30 special fishing permit badges for use only by patients in the Nevada mental health institute.] special fishing permit badges to the administrative head of:
(a) The Nevada mental health institute;
(b) The Las Vegas mental health center;
(c) The Nevada state childrens home;
(d) The Southern Nevada childrens home;
(e) The Nevada youth training center;
(f) The Nevada girls training center;
(g) Such other public or charitable institutions providing homes for children in this state, as may be designated by the commission;
for use only by the patients or children therein.
2. Such permit badges shall:
(a) During the time a patient or child is fishing, be worn conspicuously on the front of his outer garment.
(b) Authorize a patient or child to fish [during the open season] in a legal manner if in the company of [an employee of the Nevada mental health institute.] an officer or employee of one of the institutions listed in this section, provided such person has a valid Nevada fishing license.
(c) Be issued pursuant and subject to regulations prescribed by the commission.
(d) Contain the [initials NMHI] words Nevada Special Fishing Permit and the number of the permit printed on the face of the permit badge.
3. [The superintendent and medical director of the Nevada mental health institute shall pay, from the mental health institute gift fund, an annual fee of $1 for each permit badge issued by the department pursuant to this section.] Each institution shall pay to the department an annual fee of $1 for each permit badge issued to the institution pursuant to this section. Issuance of such permit badges shall not exceed 30, annually, to each institution.
4. It is unlawful for any person other than a patient [in the Nevada mental health institute] or child in one of such institutions to wear a permit badge issued by the department pursuant to this section.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 797Committee on Ways and Means
CHAPTER 521
AN ACT making additional and supplemental appropriations from the general fund in the state treasury to the division of state lands and the division of forestry of the state department of conservation and natural resources; and providing other matters properly relating thereto.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year ending June 30, 1973, there is hereby appropriated from the general fund in the state treasury the sum of $43,000 to the division of forestry of the state department of conservation and natural resources for the purpose of continuing operations at the current work programmed level.
κ1973 Statutes of Nevada, Page 807 (CHAPTER 521, AB 797)κ
$43,000 to the division of forestry of the state department of conservation and natural resources for the purpose of continuing operations at the current work programmed level.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the division of state lands of the state department of conservation and natural resources the sum of $5,593 for the purpose of implementing a complete audit of land records.
Sec. 3. After June 30, 1973, unexpended balances of the appropriations made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on June 30, 1973.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 764Mr. Getto
CHAPTER 522
AN ACT relating to the public employees retirement system; authorizing the public employees retirement board to make group payments of Medicare premiums as a service to retired members who are enrolled in the Medicare program and permit deduction of the premium amounts from their monthly retirement allowances; and providing other matters properly relating thereto.
[Approved April 22, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As a convenience to retired members of the system who are enrolled under the Social Security Act (42 U.S.C. § 1395 et seq., as amended) for Medicare benefits and are being billed individually for premiums therefor, the board may enter into an agreement or arrangement with the Secretary of the Department of Health, Education and Welfare to secure a group billing to the system for such members and to make a group payment of the premiums on their behalf, in order to insure continuous medical coverage by efficient and timely payment of their monthly premiums.
2. If the board undertakes to enter into such an agreement or arrangement, the board shall provide, by regulation, for deducting the individual premium installment from the monthly retirement allowance of any member who desires to avail himself of the group payment service and submits an appropriate application and authorization to the executive secretary of the board. No charge may be imposed upon a retired member for the administrative cost of the group payment service.
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κ1973 Statutes of Nevada, Page 808κ
Senate Bill No. 281Senators Wilson, Bryan, Young, Swobe and Close
CHAPTER 523
AN ACT relating to trade practices; permitting consumers to rescind contracts between or purchases from door-to-door salesmen; providing penalties; and providing other matters properly relating thereto.
[Approved April 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.
Sec. 2. As used in sections 2 to 16, inclusive, of this act, the words and terms defined in sections 3 to 10, inclusive, have the meanings ascribed to them in sections 3 to 10, inclusive, unless the context otherwise requires.
Sec. 3. Business day means any calendar day except Sunday, or the following business holidays: New Years Day, Washingtons Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Nevada Day, Thanksgiving Day and Christmas Day.
Sec. 4. Buyer means any person who enters into or signs a door-to-door sale contract in order to receive any consumer goods and services from any seller.
Sec. 5. Consumer goods or services are goods or services purchased, leased or rented primarily for personal, family or household purposes, including courses of instruction or training regardless of the purpose for which they are taken.
Sec. 6. Door-to-door sale means any sale, purchase, lease or rental of any consumer goods or services with a purchase price of $25 or more which is the result of any door-to-door solicitation or personal solicitation by the seller or his representative, whether at the specific invitation of the buyer or not, and which is made at a place other than the place of business of the seller. The term door-to-door sale does not include a transaction:
1. Made pursuant to a preexisting retail charge agreement or pursuant to prior negotiations between the parties at or from a retail business establishment having a fixed permanent location where the goods are exhibited or the services are offered for sale on a continuing basis.
2. In which the consumer is accorded the right of rescission by the provisions of the Consumer Credit Protection Act (15 U.S.C. § 1635) or regulations issued pursuant thereto.
3. In which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyers handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within 3 business days.
4. Conducted and consummated entirely by mail or telephone, and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the service.
κ1973 Statutes of Nevada, Page 809 (CHAPTER 523, SB 281)κ
without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the service.
5. In which the buyer has initiated the contact and specifically requested the seller to visit his home for the purpose of repairing or performing maintenance upon the buyers personal property. If in the course of the visit, the seller sells the buyer the right to receive additional services and goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services would not fall within this exclusion.
6. Pertaining to the sale or rental of real property, to the sale of insurance or to the sale of securities or commodities by a broker-dealer registered with the Securities Exchange Commission.
7. Pertaining to the sale or rental of vehicles as defined in NRS 482.135.
8. Pertaining to the sale or rental of mobile homes.
9. Pertaining to the provision of facilities and services furnished by utilities under the jurisdiction of the public service commission of Nevada.
Sec. 7. Person means any natural person, corporation, firm, association, partnership or other legal entity, including any agent or employee of such person or legal entity.
Sec. 8. Place of business means the main or permanent branch office or local address of a seller.
Sec. 9. Purchase price means the total price paid or to be paid for consumer goods or services, including all interest and service charges.
Sec. 10. Seller means any person engaged in the door-to-door sale of any consumer goods or services.
Sec. 11. Any buyer who enters into or signs a door-to-door sale contract in which the total purchase price of the goods or services is $25 or more may rescind such contract by giving written notice to the seller either by delivering, mailing or telegraphing of such notice no later than midnight of the third business day after the date such door-to-door sale contract was entered into or signed. The notice shall be addressed to the seller at the sellers place of business and shall contain words indicating the buyers intent to rescind the transaction previously entered into.
Sec. 12. A seller must furnish every buyer with a fully completed receipt or copy of any door-to-door sale contract at the time a sale is executed. Such writing shall be in the same language as that primarily used in the oral sales presentation, show the date of the transaction and contain the name and address of the seller, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used and in bold type, a statement in substantially the following form:
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for explanation of this right.
Sec. 13. A seller must furnish every buyer with a fully completed form in duplicate, captioned NOTICE OF CANCELLATION, which shall be attached to the contract or receipt and easily detachable, and which shall contain in boldface type the following information and statements in the same language as that used in the contract:
κ1973 Statutes of Nevada, Page 810 (CHAPTER 523, SB 281)κ
which shall contain in boldface type the following information and statements in the same language as that used in the contract:
NOTICE OF CANCELLATION
(Enter date of transaction)
Date
You may cancel this transaction, without any penalty or obligation, except as provided by law, within 3 business days from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at reasonable times at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you must in the alternative comply with the instructions of the seller regarding the return shipment of the goods at the sellers expense and risk.
If the seller does not provide instructions for the return of the goods to the seller and/or if the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to ................................................................................................... at
(Name of seller)
..........................................................................................................................................
(Address of sellers place of business)
not later than midnight of .................................................................. .
I hereby cancel this transaction.
............................................................
(Date)
.......................................................
(Buyers signature)
Sec. 14. Sections 2 to 16, inclusive, of this act do not prevent any seller from assessing a penalty for the cancellation of a door-to-door sale contract if the penalty does not exceed 5 percent of the total purchase price, $15, or any downpayment paid by the buyer at the time any door-to-door sale contract is entered into or executed, whichever is the lesser amount.
Sec. 15. Any seller who violates any provision of sections 2 to 16, inclusive, of this act shall pay a civil penalty not to exceed $2,500 for each violation.
Sec. 16. It is unlawful for any seller:
1. To fail to inform any buyer orally, at the time the buyer signs any door-to-door sale contract or purchases any consumer goods or services as a result of a door-to-door sale, of the buyers right to cancel the contract or to misrepresent in any manner said buyers right to cancel;
κ1973 Statutes of Nevada, Page 811 (CHAPTER 523, SB 281)κ
2. To fail or refuse to honor any valid notice of cancellation by a buyer;
3. To fail or refuse to return, within 10 business days after receiving notice of cancellation, any goods or property traded in, in substantially as good condition as when received;
4. To fail or refuse to refund all payments made under the contract or sale within 10 business days after receiving notice of cancellation;
5. To fail to notify a buyer within 10 business days after the receipt of a buyers notice of cancellation whether the seller intends to repossess or to abandon any shipped or delivered goods; or
6. To negotiate, transfer, sell or assign any note or other evidence of indebtedness to a finance company or other third party prior to midnight of the 5th business day following the day the contract was signed or the goods or services were purchased.
________
Senate Bill No. 248Senator Raggio
CHAPTER 524
AN ACT relating to pharmacy; providing additional regulation of pharmacies operated in conjunction with hospitals; and providing other matters properly relating thereto.
[Approved April 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 639.020 is hereby amended to read as follows:
639.020 1. The state board of pharmacy consisting of five members appointed by the governor is hereby created.
2. Appointees shall be competent registered pharmacists actively engaged in the practice of pharmacy in this state and shall have had at least [10] 5 years experience as registered pharmacists in this state. Not more than two members may be appointed from any one county.
3. Composition of the board shall be representative of community practice and hospital practice of pharmacy.
Sec. 2. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. The operation of a pharmacy in conjunction with a hospital shall meet the following requirements:
1. In hospitals with 100 or more beds, the pharmacy shall be under the continuous supervision of a pharmacist during the time it is open for pharmaceutical services.
2. In hospitals with less than 100 beds, the services of a pharmacist may be on less than a full-time basis, depending upon the needs of the hospital, and pursuant to the regulations and recommendations of the state board of pharmacy and the board of hospital trustees charged with the administration and control of such hospital.
κ1973 Statutes of Nevada, Page 812 (CHAPTER 524, SB 248)κ
3. In the absence of a pharmacist from the hospital, a person designated by the pharmacist may obtain from the pharmacy the necessary dose of such drugs as are ordered by a medical practitioner and needed by a patient in an emergency.
4. The pharmacist in charge of the pharmacy shall initiate procedures to provide for administration and technical guidance in all matters pertaining to the acquiring, stocking, recordkeeping and dispensing of drugs and devices.
Sec. 4. Hospital pharmacies may use pharmaceutical technicians in accordance with such regulations as may be adopted and promulgated by the board.
________
Assembly Bill No. 550Committee on Government Affairs
CHAPTER 525
AN ACT creating the Nevada American revolution bicentennial commission; providing for the composition, powers and duties of such commission; and providing other matters properly relating thereto.
[Approved April 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Commission means the Nevada American revolution bicentennial commission.
2. Director means the director of the commission.
3. Executive committee means the three members of the commission who reside nearest the headquarters office of the commission.
Sec. 3. The legislature hereby declares that:
1. The year 1976 being the 200th anniversary of the independence of this nation, it is desirable that such anniversary be fittingly observed and commemorated throughout the State of Nevada in cooperation with the national bicentennial observance;
2. In order that such observance and commemoration may be carried out to the enrichment of historical knowledge and the enhancement of the peoples awareness of the depth and significance of their heritage, it is necessary that plans therefor be carefully formulated, guided and implemented; and
3. The establishment of the commission pursuant to sections 2 to 15, inclusive, of this act is intended to accomplish these purposes.
Sec. 4. 1. The Nevada American revolution bicentennial commission, consisting of a chairman and not more than 10 other members, is hereby created to plan and develop Nevadas participation in the commemoration of the American revolution.
κ1973 Statutes of Nevada, Page 813 (CHAPTER 525, AB 550)κ
2. The headquarters office of the commission shall be located in Carson City, Nevada.
Sec. 5. 1. The governor shall appoint the chairman of the commission. If a vacancy occurs in the chairmanship, the governor shall fill the vacancy.
2. The chairman shall appoint the other members of the commission, including two state senators and two state assemblymen. If a vacancy occurs among the members of the commission, the chairman may fill the vacancy.
Sec. 6. 1. A majority of the members of the commission constitute a quorum for the transaction of business.
2. The chairman shall be a nonvoting member of the commission, except that he may cast a vote in the event of a tie.
3. The commission may adopt rules and regulations to govern the conduct of its business pursuant to the provisions of this chapter.
Sec. 7. Members of the commission shall receive a salary of $25 per day for attendance at meetings of the commission and are entitled to receive travel expenses and subsistence allowances as provided by law.
Sec. 8. The commission shall prepare an overall program for commemorating the bicentennial on a statewide basis in an effective and significant manner, including:
1. Coordination of effort with the American Revolution Bicentennial Commission in developing an effective national observance of the bicentennial.
2. Encouragement of participation by all cities, counties and regions of the state in observance of the bicentennial, including coordination of effort with any programs which may be developed at the local level by local governments or private organizations; and
3. Cooperation with commissions or similar planning groups which have been or may be established by other states for the bicentennial, to the end that the observances planned may open a new era of progress and development for the nation while offering also a reverent commemoration and reexamination of the historic significance of the American revolution.
Sec. 9. The commission may:
1. Undertake or contract for the preparation and publication of any studies or writings which it finds relevant to the participation of the State of Nevada and its citizens in the bicentennial observance;
2. Request from any department or agency of the state or any political subdivision thereof such facilities, assistance and data as it finds necessary or desirable properly to carry out its powers and duties under this chapter;
3. Enter into contracts as it deems necessary in the exercise of its powers and duties, within the limits of funds available therefor.
Sec. 10. There is hereby created a bicentennial commission host fund in the amount of $1,000 for the payment of food and housing expenses incurred by persons who come to Nevada from outside the state at the invitation of the commission to aid in the work of the commission. Such fund shall be administered by the director and no moneys shall be expended therefrom except upon approval of the commission or the executive committee.
κ1973 Statutes of Nevada, Page 814 (CHAPTER 525, AB 550)κ
executive committee. The fund shall be replenished periodically, within the limits of legislative appropriations, from the general fund in the state treasury upon approval of claims for expenditures as required by law and submission of such vouchers or other documents to indicate payment as may be prescribed.
Sec. 11. 1. The commission may adopt an official logotype, seal or emblem for the bicentennial and may copyright such logotype, seal or emblem in the name of the State of Nevada.
2. The commission may lease or license the right to use any such logotype, seal or emblem to any one or more persons upon such terms and conditions as the commission deems proper.
3. Any person who manufactures, prints, produces, reproduces, distributes, sells or offers for sale at a profit any such logotype, seal or emblem without the right to do so under subsection 2, or in violation of the terms and conditions of such right, is guilty of a misdemeanor. Each such act constitutes a separate offense.
Sec. 12. The commission may employ and fix the compensation of necessary administrative, research, secretarial, stenographic and clerical personnel within the limits of the federal funds available for operation. Such personnel shall be subject to all regulations governing state employees, except that such personnel shall be in the unclassified service of the state.
Sec. 13. 1. The commission may receive gifts, grants and donations for the purpose of promoting the work of the commission pursuant to the provisions of this chapter. All such gifts, grants and donations shall be held in trust by the commission for the designated purpose.
2. The commission may accept the donation of personal services for the purpose of promoting the work of the commission pursuant to the provisions of this chapter.
3. The work of the commission pursuant to the provisions of this chapter is hereby declared to be governmental and nonprofit in nature.
Sec. 14. The commission shall submit an annual report to the governor not later than December 31 of each year and a final report on or before June 30, 1977. Each annual report shall include the specific plans for activities in the next calendar year and the estimated costs thereof.
Sec. 15. The commission shall be terminated on June 10, 1977. All historical property of the commission shall then be transferred to the Nevada historical society.
________
κ1973 Statutes of Nevada, Page 815κ
Assembly Bill No. 458Committee on Government Affairs
CHAPTER 526
AN ACT relating to employees in public service; revising provisions for carrying forward accumulated unused sick leave; and providing other matters properly relating thereto.
[Approved April 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as provided in subsections 2 and 3, all employees in the public service, whether in the classified or unclassified service, [shall be] are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year, [.] but the personnel division may by regulation provide for subsequent use of unused sick leave accrued but not carried forward by reason of this limitation in cases where the employee is suffering from a long term or chronic illness and has used all sick leave otherwise available to him. The personnel division may by regulation provide for additional sick and disability leave for long term employees, and for prorated sick and disability leave for part-time employees.
2. Officers and members of the faculty of the University of Nevada System [shall be] are entitled to sick and disability leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.
3. The personnel division may by regulation provide policies concerning employees with mental or emotional disorders which will:
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) Retain their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, reemploy them if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
4. The personnel division may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines that an employee has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of the accrued sick leave of such employee.
________
κ1973 Statutes of Nevada, Page 816κ
Senate Bill No. 333Senators Wilson, Young, Dodge, Bryan, Blakemore and Echols
CHAPTER 527
AN ACT relating to land use; designating the division of state lands of the state department of conservation and natural resources as the state land use planning agency; requiring the development of a statewide land use planning process and the designation of areas of critical environmental concern; and providing other matters properly relating thereto.
[Approved April 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. The legislature hereby finds and declares that:
1. There is a statewide public interest in a more efficient system of land use planning and decisionmaking.
2. The rapid and continued growth of the states population, expanding urban development, increasing pressures upon natural resources, conflicts in patterns of land use, a lack of state land use policy and planning and the increased size, scale and impact of private actions have created a situation in which land use management decisions of wide public concern often are being made on the basis of expediency, tradition, short-term economic considerations and other factors which too frequently are unrelated or contradictory to sound environmental, economic and social land use considerations.
3. The task of land use planning and management is made more difficult by the lack of understanding of, and the failure to assess, the land use impact of federal, regional, state and local programs and private endeavors which do not possess, or are not subject to, readily discernible land management goals or guidelines, and that a state land use policy is needed to develop a state and local awareness of, and ability to measure, the land use impacts inherent in most public and private programs and activities.
4. Adequate data and information on land use and systematic methods of collection, classification and utilization thereof are either lacking or not readily available to public and private land use decisionmakers, and a state land use policy must place a high priority on the procurement and dissemination of land use data.
5. The land use decisions of the Federal Government, including those concerning the federal lands, which comprise 86.4 percent of the lands of Nevada, often have significant impact upon statewide and local environments and patterns of development, and a federal land use policy ought to take into consideration the needs and interests, and invite the participation of, state and local governments and members of the public. A state land use policy and planning program is vital to protect the interests of the people of Nevada in federal land use and management decisions over federally owned lands within the State of Nevada.
6. Unplanned development in critical environmental areas can and has resulted in irreparable damage to natural resources. The available supply of water, the effects upon air quality, land capabilities and various other factors mandate the proper location, type and scale of future developments.
κ1973 Statutes of Nevada, Page 817 (CHAPTER 527, SB 333)κ
supply of water, the effects upon air quality, land capabilities and various other factors mandate the proper location, type and scale of future developments. It is therefore imperative that a land planning and use authority be established to guide the conversion and use of lands in accordance with sound environmental, economic and social considerations.
Sec. 3. As used in sections 2 to 19, inclusive, of this act, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in such sections unless the context otherwise requires.
Sec. 4. Area of critical environmental concern means any area in this state where uncontrolled development could result in irreversible degradation of more than local significance.
Sec. 5. Director means the director of the state department of conservation and natural resources.
Sec. 6. Key facility means any public facility which tends to induce use, development or urbanization of more than local significance.
Sec. 7. Large-scale development means any private development which, because of its magnitude or the magnitude of its effect on the surrounding environment, is likely to present issues of more than local significance. In determining what constitutes large-scale development consideration shall be given, among other things, to:
1. The amount of pedestrian or vehicular traffic likely to be present;
2. The potential for creating environmental problems such as air, water, or noise pollution;
3. The size of the site to be occupied; and
4. The likelihood that additional or subsidiary development will be generated.
Sec. 8. In addition to any other functions assigned to it by law, the division of state lands of the state department of conservation and natural resources is hereby designated as the state land use planning agency for the purpose of carrying out the provisions of sections 2 to 19, inclusive, of this act and fulfilling any land use planning requirements arising under federal law.
Sec. 9. 1. The director shall administer the activities of the state land use planning agency. He shall have the primary authority and responsibility in the state for the development and operation of a state land use program.
2. In addition to the assistant provided by subsection 3 of NRS 321.010 he may appoint, subject to the availability of funds, such professional technical, administrative, clerical and other persons as he may require for assistance in performing his land use planning duties.
Sec. 10. The director, acting through the state land use planning agency, shall develop and carry on a statewide land use planning process, which process shall include but shall not be limited to the following:
1. The preparation and continuing revision of a statewide inventory of the land and natural resources of the state;
2. The compilation and continuing revision of data, on a statewide basis, related to population densities and trends, economic characteristics and projections, environmental conditions and trends, and directions and extent of urban and rural growth;
κ1973 Statutes of Nevada, Page 818 (CHAPTER 527, SB 333)κ
and projections, environmental conditions and trends, and directions and extent of urban and rural growth;
3. The identification of areas which may be areas of critical environmental concern.
4. Projections of the nature and quantity of land needed and suitable for:
(a) Recreation and esthetic appreciation;
(b) Conservation and preservation of natural resources, agriculture, mineral development, and forestry;
(c) Industry and commerce, including the development, generation and transmission of energy;
(d) Transportation;
(e) Urban development, including the revitalization of existing communities, the development of new towns, and the economic diversification of existing communities which possess a narrow economic base;
(f) Rural development, taking into consideration future demands for and limitations upon products of the land; and
(g) Health, educational, and other state and local governmental services;
5. The preparation and continuing revision of an inventory of environmental, geological and physical conditions (including soil types) which influence the desirability of various uses of land;
6. The preparation and continuing revision of an inventory of state, local government and private needs and priorities concerning the use of federal lands within the state;
7. The preparation and continuing revision of an inventory of public and private institutional and financial resources available for land use planning and management within the state and of state and local programs and activities which have a land use impact of more than local concern;
8. The establishment of a method for identifying large-scale development and development and land use of regional benefit;
9. The establishment of a method for inventorying and designating areas of critical environmental concern and areas which are, or may be, impacted by key facilities;
10. The provision, where appropriate, of technical assistance and training programs for state and local agency personnel concerned with the development and implementation of state and local land use programs;
11. The establishment of arrangements for the exchange of land use planning information and data among state agencies and local governments, with the Federal Government, among the several states and interstate agencies, and with members of the public;
12. The establishment of a method for coordinating all state and local agency programs and services which significantly affect land use;
13. The conducting of public hearings, preparation of reports, and soliciting of comments on reports concerning the statewide land use planning process or aspects thereof;
14. The provision of opportunities for participation by the public and the appropriate officials or representatives of local governments in the statewide planning process and in the formulation of guidelines, rules and regulations for the administration of the statewide planning process; and
κ1973 Statutes of Nevada, Page 819 (CHAPTER 527, SB 333)κ
15. The consideration of, and consultation with, the relevant states on the interstate aspects of land use issues of more than local concern.
Sec. 11. In the development of the statewide land use planning process:
1. The director shall:
(a) Give priority to the development of an adequate data base for a statewide land use planning process using data available from existing sources wherever feasible.
(b) Coordinate the activities of the state land use planning agency with:
(1) The planning activities of all state agencies undertaking federally financed or assisted planning programs insofar as such programs relate to land use;
(2) The regulatory activities of all state agencies enforcing air, water, noise or other pollution standards;
(3) All other relevant planning activities of state agencies;
(4) Flood plain zoning plans approved by the Secretary of the Army pursuant to the Flood Control Act of 1960 (33 U.S.C. § 642 et seq.), as amended;
(5) The planning activities of areawide agencies designated pursuant to regulations established under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. §§ 3301 et seq.), as amended;
(6) The planning activities of local governments and regional planning commissions; and
(7) The planning activities of federal agencies.
2. The director shall:
(a) Invite participation by and consider information from cities, counties and regional planning commissions or agencies.
(b) Conduct public hearings, with adequate public notice, allowing full public participation in the development of the state land use program.
(c) Make available to the public, promptly upon request, land use data and information, studies, reports and records of hearings.
Sec. 12. 1. There is hereby created a state land use planning advisory council.
2. The members of the council:
(a) Shall be appointed by the governor, at least one from each county.
(b) May represent urban and rural areas of the state.
(c) May include members of city, county and regional planning commissions.
3. The governor shall fix:
(a) The number of members of the council at 17 or more.
(b) The terms of members of the council at 4 years or less.
4. Those members of the council who are members of planning commissions or employees of this state or any of its political subdivisions shall be paid the per diem expense allowances and travel expenses provided by law for their respective positions by their respective planning commissions or governmental employers. Other members shall be paid such allowances and expenses by the state land use planning agency if moneys are lawfully available to it for this purpose.
Sec. 13. The state land use planning advisory council shall:
κ1973 Statutes of Nevada, Page 820 (CHAPTER 527, SB 333)κ
1. Advise the director on the development of the statewide land use planning process.
2. Comment on all state guidelines, rules and regulations to be promulgated pursuant to sections 2 to 19, inclusive, of this act.
3. Participate in the development of the statewide land use planning process and state land use program.
Sec. 14. 1. The land use planning process applies to all lands within the boundaries of the state.
2. Planning for any adjacent areas without the state affecting land within the state shall be done on an intergovernmental, cooperative basis.
Sec. 15. 1. The director, acting through the state land use planning agency, shall:
(a) With the concurrence of the governor, designate areas of critical environmental concern within the State of Nevada.
(b) Promulgate minimum standards and criteria for the conservation and use of land and other natural resources therein.
(c) Adopt a land use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air space and other natural resources within the area, including but not limited to, an allocation of maximum population densities.
2. The director shall promulgate procedures for carrying out the provisions of paragraphs (b) and (c) of subsection 1 which shall include:
(a) A request for information and recommendations from private interests affected and from cities and counties affected and their regional planning commissions if any.
(b) Advice and recommendations from the state land use planning advisory council.
(c) A public hearing upon notice given by at least one publication at least 20 days prior to the hearing in a newspaper or combination of newspapers of general circulation throughout the area affected and each city and county any portion of whose territory lies within such area. The notice shall state with particularity the subject of the hearing.
3. An area of critical environmental concern shall not be designated without:
(a) The promulgation of the standards required by paragraph (b) of subsection 1;
(b) The adoption of the plan required by paragraph (c) of subsection 1; and
(c) A finding by the director that the potential degradation of or within the area is so imminent as to require immediate action.
Sec. 16. The provisions of sections 10, 11 and 15 of this act may be implemented in whole or in part with the cooperation and assistance of other state agencies as directed by the governor.
Sec. 17. In administering the provisions of sections 2 to 20, inclusive, of this act, the director and state land use planning agency may proceed only within limits determined by available federal, state or other funds.
Sec. 18. 1. The director, acting through the state land use planning agency, shall cooperate with federal authorities in the field of land use planning and insure that the state land use planning process and land use program meet any federal criteria and comply with any federal conditions imposed for eligibility to federal grants.
κ1973 Statutes of Nevada, Page 821 (CHAPTER 527, SB 333)κ
2. The director may apply for and accept, on behalf of the state, any federal funds granted for the purpose of land use planning and may expend such funds, as authorized by law.
Sec. 19. 1. All provisions of sections 2 to 19, inclusive, of this act shall be enforced by the director and by the respective political subdivisions of the state.
2. If it is found that the provisions of sections 2 to 19, inclusive, of this act or the rules and regulations promulgated thereunder are not being complied with, the director may bring action in a court of competent jurisdiction to insure compliance or to obtain injunctive relief from noncompliance.
Sec. 20. It is the intent of the legislature to develop a land use planning program meaningful in its objectives and workable in its administration. Experience under this act, future federal land use legislation and the coordination of state and federal procedures affecting private and public land in Nevada are all factors which must contribute to this development. The director of the state department of conservation and natural resources shall therefor submit to the 58th session of the legislature a report of his progress under this act toward this goal, and recommendations for appropriate supplemental legislation.
________
Assembly Bill No. 341Messrs. Dini, Jacobsen, Getto, Hayes and Glover
CHAPTER 528
AN ACT relating to the state engineer; providing a channel clearance, surveying and monumenting fund to be used to aid local governments in clearing, surveying and monumenting navigable rivers; making an appropriation from the general fund to the channel clearance, surveying and monumenting fund; and providing other matters properly relating thereto.
[Approved April 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 532 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby created in the state treasury a channel clearance, surveying and monumenting fund to be administered by the state engineer.
2. This fund is a continuing fund to be used to aid local governments in this state in the clearance, surveying and monumenting of navigable rivers.
3. Any incorporated city, county or other political subdivision of this state may apply to the state engineer for a grant from this fund if:
(a) Federal funds are not available for the proposed project;
(b) The incorporated city, county or other political subdivision requesting the funds agrees to match the state grant equally with its funds; and
(c) The amount requested does not exceed the balance of the fund.
4. As used in this section, navigable river means a river or stream that is used, or is susceptible of being used, in its ordinary condition for trade or travel in the customary modes of trade or travel on rivers or streams.
κ1973 Statutes of Nevada, Page 822 (CHAPTER 528, AB 341)κ
that is used, or is susceptible of being used, in its ordinary condition for trade or travel in the customary modes of trade or travel on rivers or streams.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the channel clearance, surveying and monumenting fund in the state treasury the sum of $50,000 to be distributed by the state engineer as provided in section 1 of this act.
________
Assembly Bill No. 799Messrs. Mello, Howard, Robinson, Dini, Demers, Dreyer, Smith, Prince, Ashworth, Barengo, Hafen, Banner, Schofield, Fry, Bremner, Smalley, Glover, Mrs. Brookman, Messrs. Getto, Craddock, Crawford, Ullom, Broadbent, Bennett, McNeel, Vergiels, May, Hickey, Wittenberg, Mesdames Gojack and Ford
CHAPTER 529
AN ACT providing for a longevity incentive plan for certain state employees; and providing other matters properly relating thereto.
[Approved April 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A longevity incentive plan administered by the personnel division is hereby established for employees with 10 years or more of continuous state service. Employees rated standard or better with 10 years of continuous service shall receive $125 semiannually with a semiannual increase of $25 for each additional year of service up to a maximum semiannual amount of $250 for 15 years or more of continuous state service.
________
Senate Bill No. 611Committee on Commerce and Labor
CHAPTER 530
AN ACT providing a plan of insurance for losses arising out of the maintenance or use of motor vehicles; defining terms; providing for the payment of certain benefits as they accrue and without regard to fault; providing priorities for payment of claims; abolishing tort liability in certain cases; specifying minimum limits of required tort liability coverage; requiring maintenance of security for certain motor vehicles; providing for subrogation and reimbursement of insurers in certain cases; providing for discovery procedures; providing for an assigned claims plan; and providing other matters properly relating thereto.
[Approved April 24, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 51, inclusive, of this act.
κ1973 Statutes of Nevada, Page 823 (CHAPTER 530, SB 611)κ
Sec. 2. This chapter shall be known as the Nevada Motor Vehicle Insurance Act.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 19, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 4. Added reparation benefits means benefits provided by optional added reparation insurance.
Sec. 5. 1. Basic reparation benefits means the net benefits payable for injury arising out of the maintenance or use of a motor vehicle.
2. Basic reparation benefits do not include benefits for harm to property.
Sec. 6. Basic reparation insurance includes a contract of insurance or self-insurance under which the obligation to pay basic reparation benefits arises.
Sec. 7. Basic reparation insured means:
1. A person identified by name as an insured in a contract of basic reparation insurance complying with this chapter; and
2. While residing in the same household with a named insured, the following persons not identified by name as an insured in any other contract of basic reparation insurance complying with this chapter:
(a) A spouse or other relative of a named insured; and
(b) A minor in the custody of a named insured or of a relative residing in the same household with a named insured.
A person resides in the same household if he usually makes his home in the same family unit, even though he temporarily lives elsewhere.
Sec. 8. Benefits payable include the following defined benefits not to exceed $10,000 per person per accident:
1. Disability income benefits means payment, not to exceed $175 per week, for loss of income from work the injured person would have performed if he had not been injured and expenses reasonably incurred by him in obtaining services in lieu of those he would have performed for income, reduced by any income for substitute work actually performed by him or by income he would have earned in available appropriate substitute work he was capable of performing, but unreasonably failed to undertake. If disability income benefits are excludable from gross income for income tax purposes, disability income benefits means payment, not to exceed $175 per week, for 85 percent of loss of income as calculated in this subsection. As used in this subsection, income includes but is not limited to salary, wages, tips, commissions, professional fees, profits from an individually owned business or farm, or the profits or income from any partnership, or profits from a corporation which are taxed pursuant to 26 U.S.C. 1371 et seq.
2. Funeral benefits means payment for total charges not in excess of $1,000 for expenses in any way related to funerals, cremation or burial.
3. Medical benefits means payment for all reasonable charges incurred for necessary medical services, X-ray, dental and rehabilitative services, including but not limited to prosthetic devices, necessary ambulance, hospital and nursing services. Such benefits also include necessary remedial treatment and services recognized and permitted under the laws of this state for an injured person who relies upon spiritual means, through prayer alone, for healing in accordance with his religious beliefs.
κ1973 Statutes of Nevada, Page 824 (CHAPTER 530, SB 611)κ
of this state for an injured person who relies upon spiritual means, through prayer alone, for healing in accordance with his religious beliefs. The term does not include that portion of a charge for a room in a hospital, clinic, convalescent or nursing home or any other institution engaged in providing nursing care and related services in excess of a reasonable and customary charge for semi-private accommodation, unless intensive care is medically required.
4. Replacement services benefits means payment, not to exceed $18 per day nor to extend beyond 104 weeks, conditioned upon the non-payment of disability income benefits, for expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the injured person would have performed, not for income but for the benefit of himself or his family if he had not been injured.
5. Survivors benefits means payment, in an amount not less than $5,000 and, except as provided in this subsection, not more than the amount a decedent would have received in disability income benefits for a period of 1 year if he had survived, to compensate survivors for loss of contributions of things of economic value which the survivors would have received from the decedent if he had not suffered the fatal injury, less expenses the survivors avoided by reason of the decedents death.
Sec. 9. Injury and injury to person mean bodily harm, sickness, disease or death.
Sec. 10. Maintenance or use of a motor vehicle means maintenance or use of a motor vehicle as a vehicle, including, incident to its maintenance or use as a vehicle, occupying, entering into and alighting from it. Maintenance or use of a motor vehicle does not include:
1. Conduct within the course of a business of repairing, servicing or otherwise maintaining motor vehicles unless the conduct occurs off the business premises.
2. Conduct in the course of loading and unloading the vehicle unless the conduct occurs while occupying, entering into or alighting from it.
Sec. 11. Motor vehicle means a motor vehicle as defined in NRS 482.075 which is designed and registered to be operated upon a highway, but does not include:
1. Motorcycles as defined in NRS 482.070.
2. Vehicles which are subject to the license fee and registration requirements of the Interstate Highway User Apportionment Act (NRS 706.801 to 706.861, inclusive) and which are not based in this state.
Sec. 12. Net benefits payable means benefits payable less all assistance or advantages a person receives or is entitled to receive from social security, the railroad retirement act, workmens compensation or under the federal employer liability act as calculated in section 33 of this act.
Sec. 13. Noneconomic detriment means pain, suffering, inconvenience, physical impairment and other nonpecuniary damage recoverable under the tort law of this state.
Sec. 14. Owner means a person, other than a lienholder or secured party, who owns or has title to a motor vehicle or is entitled to the use and possession of a motor vehicle subject to a security interest held by another person.
κ1973 Statutes of Nevada, Page 825 (CHAPTER 530, SB 611)κ
another person. The term does not include a lessee under a lease not intended as security.
Sec. 15. Reparation obligor means an insurer or self-insurer providing basic or added reparation benefits under this chapter.
Sec. 16. Secured vehicle means a motor vehicle for which security is provided as required by this chapter.
Sec. 17. Security covering the vehicle means the insurance or other security which is provided as required by this chapter.
Sec. 18. Self-insurer means a person who provides security pursuant to NRS 485.380.
Sec. 19. Survivor means a person identified in NRS 12.090 as one entitled to receive benefits by reason of the death of another person.
Sec. 20. 1. Every owner of a motor vehicle registered in this state, or operated in this state by him or with his permission, shall continuously provide with respect to the motor vehicle while it is either present or registered in this state, and any other person may provide with respect to any motor vehicle, by a contract of insurance or by qualifying as a self- insurer, security for the payment of basic reparation benefits in accordance with this chapter and security for payment of tort liabilities, arising from maintenance or use of the motor vehicle.
2. Security may be provided by a contract of insurance or by qualifying as a self-insurer in compliance with chapter 485 of NRS.
Sec. 21. 1. An insurance contract which purports to provide coverage for basic reparation benefits or is sold with representation that it provides security covering a motor vehicle has the legal effect of including all coverages required by this chapter.
2. Notwithstanding any contrary provision in it, every contract of liability insurance for injury, wherever issued, covering ownership, maintenance or use of a motor vehicle, except a contract which provides coverage only for liability in excess of required minimum tort liability coverages, includes basic reparation benefit coverages and minimum security for tort liabilities required by this chapter, while it is in this state, and qualifies as security covering the vehicle.
3. An insurer authorized to transact or transacting business in this state may not exclude, in any contract of liability insurance for injury, wherever issued, covering ownership, maintenance or use of a motor vehicle, except a contract providing coverage only for liability in excess of required minimum tort liability coverage, the basic reparation benefit coverages and required minimum security for tort liabilities required by this chapter, while the vehicle is in this state.
Sec. 21.5. Nothing in section 21 of this act limits the payment of benefits without regard to fault under the provisions of an insurance contract issued outside of this state and containing limits of coverage in excess of basic reparation benefit coverage.
Sec. 22. 1. The requirement to provide security under section 20 of this act does not apply with respect to any motor vehicle owned by the United States, this state, any political subdivision of this state or any municipality of this state.
2. To the extent that an entity specified in subsection 1 does not provide security, this chapter does not apply to any motor vehicles owned by such entity.
κ1973 Statutes of Nevada, Page 826 (CHAPTER 530, SB 611)κ
provide security, this chapter does not apply to any motor vehicles owned by such entity.
3. The requirement to provide security under section 20 of this act does not apply with respect to any motor vehicle owned by any person entitled to receive benefits under the federal Health Insurance for the Aged Act, Public Law 89-97, Title I, July 30, 1965, 79 Stat. 290.
Sec. 23. If the accident causing injury occurs in this state, every person suffering loss from injury arising out of maintenance or use of a motor vehicle has a right to basic reparation benefits unless such benefits are excluded under the provisions of section 34 of this act.
Sec. 24. If the accident causing injury occurs outside this state, but in the United States of America, its territories and possessions, Mexico or Canada:
1. Basic reparation insureds, the driver or other occupants of a secured motor vehicle and the survivors of such persons suffering loss from injury arising out of maintenance or use of a motor vehicle have a right to basic reparation benefits, unless such benefits are excluded under the provisions of section 34 of this act.
2. A nonresident of this state who is an operator or occupant of a secured commercial motor vehicle has no right to basic reparation benefits. This exclusion also applies to the survivors of any such nonresident.
3. For the purpose of this section, commercial motor vehicle means a vehicle of a type required to be registered by the laws of this state and used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property.
Sec. 25. 1. Basic reparation benefits shall be paid without regard to fault.
2. Basic reparation obligors and the assigned claims plan shall pay basic reparation benefits, under the terms and conditions stated in this chapter, for loss from injury arising out of maintenance or use of a motor vehicle. This obligation exists without regard to immunity from liability or suit which might otherwise be applicable.
Sec. 26. Except as provided in section 27 of this act:
1. Any person who sustains an injury while an operator or occupant of a motor vehicle shall claim basic reparation benefits from insurers in the following order of priority:
(a) His insurer.
(b) The insurer of the owner of the motor vehicle.
(c) The insurer of the operator of the motor vehicle.
2. Any person who sustains an injury and is not an operator or occupant of a motor vehicle shall claim basic reparation benefits from insurers in the following order of priority:
(a) His insurer.
(b) The insurer of the owner of the motor vehicle.
(c) The insurer of the operator of the motor vehicle.
3. If a person described in subsection 2 is not covered by basic reparation insurance and the injuries sustained by him are proximately caused by two or more motor vehicles, he shall claim basic reparation benefits from the insurers of the owners and operators of each of the motor vehicles in the order of priority established in subsection 2.
κ1973 Statutes of Nevada, Page 827 (CHAPTER 530, SB 611)κ
motor vehicles in the order of priority established in subsection 2. Any insurer paying basic reparation benefits shall be reimbursed by the other insurers for their proportionate share of the loss and the expense of processing the claim.
4. If two or more obligations to pay basic reparation benefits are applicable to an injury under the priorities set out in this section, benefits are payable only once and the reparation obligor against whom a claim is asserted shall process and pay the claim as if wholly responsible.
Sec. 27. 1. In case of injury to the driver or other occupant of a motor vehicle, if the accident causing the injury occurs while the vehicle is being used in the business of transporting persons or property, the security for payment of basic reparation benefits is the security covering the vehicle or, if none, the security under which the injured person is a basic reparation insured.
2. In case of injury to an employee, or to his spouse or other relative residing in the same household, if the accident causing the injury occurs while the injured person is driving or occupying a motor vehicle furnished by the employer, the security for payment of basic reparation benefits is the security covering the vehicle or, if none, the security under which the injured person is a basic reparation insured.
Sec. 28. 1. Tort liability with respect to accidents occurring in this state and arising from the ownership, maintenance or use of a motor vehicle is abolished except as to:
(a) Liability of the owner of a motor vehicle involved in an accident if security covering the vehicle was not provided at the time of the accident;
(b) Liability of a person in the business of selling, manufacturing, repairing, servicing or otherwise maintaining motor vehicles arising from a defect in a motor vehicle caused or not corrected by an act or omission in selling, manufacturing, repairing, servicing or other maintenance of a vehicle in the course of his business;
(c) Liability of a person for intentionally caused harm to person or property;
(d) Liability of a person for harm to property other than a motor vehicle and its contents;
(e) Liability of a person from harm to an operator of or passenger on a motorcycle as defined in NRS 482.070;
(f) Liability of a person in the business of parking or storing motor vehicles arising in the course of that business for harm to a motor vehicle and its contents;
(g) Damages for any loss not recoverable as basic reparation benefits by reason of the limitation on benefits for those losses, as provided in section 8 of this act; and
(h) Damages for noneconomic detriment, but only if the medical benefits for the injured person exceed $750, or if the accident causes death, chronic or permanent injury, permanent partial or permanent total disability, disfigurement, more than 180 days of inability of the injured person to work in his occupation, fracture of a major bone, dismemberment or permanent loss of a body function.
κ1973 Statutes of Nevada, Page 828 (CHAPTER 530, SB 611)κ
2. Any person who receives medical and surgical benefits is considered in compliance with the requirements of paragraph (h) of subsection 1 upon a showing that the medical treatment received has a reasonable value of at least $750. Any person receiving ordinary and necessary services normally performed by a nurse from a relative or a member of his household may include the reasonable value of such services in meeting the requirements of that paragraph.
Sec. 29. 1. A reparation obligor does not have and may not directly or indirectly contract for a right of reimbursement from or subrogation to the proceeds of a claim for relief or cause of action for noneconomic detriment of a recipient of basic or added reparation benefits.
2. Except as provided in subsection 1, whenever a person who receives or is entitled to receive basic or added reparation benefits for an injury has a claim or cause of action against any other person for breach of an obligation or duty causing the injury, the reparation obligor is subrogated to the rights of the claimant, and has a claim for relief or cause of action, separate from that of the claimant, to the extent that:
(a) Elements of damage compensated for by basic or added reparation insurance are recoverable; and
(b) The reparation obligor has paid or become obligated to pay accrued or future basic or added reparation benefits.
3. The subrogation rights provided herein shall only be exercised in the manner provided in section 30.
4. A reparation obligor has a right of indemnity against a person who has converted a motor vehicle involved in an accident, or a person who has intentionally caused injury to person or harm to property, for basic and added reparation benefits paid to other persons for the injury or harm caused by the conduct of that person, for the cost of processing claims for those benefits and for reasonable attorneys fees and other expenses of enforcing the right of indemnity. For purposes of this subsection, a person is not a converter if he uses the motor vehicle in the good faith belief that he is legally entitled to do so.
Sec. 30. 1. Every reparation obligor shall, if its basic reparation insured is or would be held legally liable for damages for injuries sustained by a person to whom basic or added reparation benefits have been furnished by another reparation obligor, reimburse such other reparation obligors for the basic or added reparation benefits so furnished in an amount not to exceed the damages so recoverable. Disputes between reparation obligors as to the issues of liability and the amount of reimbursement shall be decided by compulsory, binding intercompany arbitration.
2. In any event in which the reparation obligor providing such benefits also has provided coverage to the same policyholder for collision or upset arising out of the same occurrence, such reparation obligor shall also submit the issue of recovery of any payment under that coverage to the mandatory, binding intercompany arbitration proceedings provided for in this subsection.
3. Findings, statements, testimony, and evidence admitted in and awards made in such arbitration proceedings required by subsections 1 and 2 are inadmissible in any court proceeding, and shall not be res judicata or operate as a collateral estoppel in any action brought by the claimant.
κ1973 Statutes of Nevada, Page 829 (CHAPTER 530, SB 611)κ
judicata or operate as a collateral estoppel in any action brought by the claimant.
4. Where the recipient of basic or added reparation benefits or the reparation obligor or both have incurred legal expenses in prosecuting a claim for damages or in an arbitration proceeding for the recovery of payments which benefit both, the legal expenses shall be equitably apportioned.
5. Any person receiving basic or added reparation benefits shall cooperate and participate with the reparation obligor in any reimbursement or subrogation action on the part of such reparation obligor to recover payments from another reparation obligor or from a tortfeasor.
6. Every reparation obligor licensed to write automobile insurance in this state is deemed to have agreed, as a condition of doing business in this state or of renewing its certificate of authority after July 1, 1973, to the provisions of this section.
7. If a reparation obligor has paid basic reparation benefits required by this act and the insurer of a third party is not a signatory to a intercompany arbitration agreement, such reparation obligor shall be entitled to reimbursement of such payments from the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of the claimant against any motorist legally responsible for the bodily injury because of which such payment is made. The claimant shall hold in trust for the benefit of the obligor all rights of recovery which he has against such motorist, but only to the extent that such claim is paid under the provisions of this act. The claimant shall take reasonable precautions to preserve such rights if the claimant has not taken action to recover such benefits prior to 6 months before the statute of limitations runs, and if in writing the reparation obligor shall demand that the claimant, through any representative not in conflict in interest with the claimant, take such action as may be necessary or appropriate to recover such payment as damages from such motorist. The action shall be taken in the name of the claimant, at the expense of the reparation obligor, but only to the extent of the payment made by the reparation obligor. If the claimant has previously taken action, he shall be reimbursed for expenses, costs and attorneys fees incurred by the claimant in connection therewith, and the claimant shall execute and deliver to the insurer or carrier such instruments and papers as may be appropriate to secure the rights and obligations of the claimant and the reparation obligor established by this provision.
Sec. 31. In any action in tort brought as a result of bodily injury, death, sickness or disease, caused by accident occurring on or after February 1, 1974, arising out of the ownership, maintenance or use of a motor vehicle within this state, contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, it such negligence was not greater than the negligence of the person against whom recovery is sought; but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person recovering.
κ1973 Statutes of Nevada, Page 830 (CHAPTER 530, SB 611)κ
Sec. 32. The requirement of security for payment of tort liabilities, as provided in section 20 of this act, is fulfilled by providing:
1. Subject to subsection 2, liability coverage of not less than $15,000 for all damages arising out of bodily injury or death sustained by any one person as a result of any one accident applicable to each person sustaining injury caused by accident arising out of ownership, maintenance, use, loading or unloading of the secured vehicle;
2. Liability coverage of not less than $30,000 in aggregate for all damages arising out of bodily injury or death sustained by two or more persons as a result of any one accident arising out of ownership, maintenance, use, loading or unloading of the secured vehicle;
3. Liability coverage of not less than $5,000 for all damages arising out of injury to or destruction of property, including the loss of use thereof, as a result of any one accident arising out of ownership, maintenance, use, loading or unloading of the secured vehicle; and
4. That the liability coverages apply to accidents during the contract period in a territorial area not less than the United States of America, its territories and possessions and Canada.
Sec. 33. All assistance or advantages a person receives or is entitled to receive from social security, the railroad retirement act, workmens compensation or under the federal employer liability act by reason of an injury arising out of the use or maintenance of a motor vehicle are subtracted from benefits payable in calculating net benefits payable. Basic reparation benefits are primary in relation to all other insurance.
Sec. 34. 1. A person who converts a motor vehicle is disqualified from basic or added reparation benefits, including benefits otherwise due him as a survivor, for injuries arising from maintenance or use of the converted vehicle. If the converter dies from his injuries, his survivors are not entitled to basic or added reparation benefits. For the purpose of this subsection, a person is not a converter if he uses the motor vehicle in the good faith belief that he is legally entitled to do so.
2. A person who is injured while perpetrating or attempting to perpetrate a felony is disqualified from basic or added reparation benefits for injuries arising from maintenance or use of a motor vehicle in the perpetration or attempted perpetration of such felony. If such person dies from his injuries, his survivors are not entitled to basic or added reparation benefits.
3. A person intentionally causing or attempting to cause injury to himself or another person is disqualified from basic or added reparation benefits for injury arising from his acts, including benefits otherwise due him as a survivor. If a person dies as a result of intentionally causing or attempting to cause injury to himself, his survivors are not entitled to basic or added reparation benefits for loss arising from his death.
4. A person who is injured while an operator of or a passenger on a motorcycle as defined in NRS 482.070 is disqualified from basic or added reparation benefits. If such person dies from the injuries, his survivors are not entitled to basic or added reparation benefits.
Sec. 35. In accordance with the rules and regulations promulgated by the commissioner of insurance, basic reparation insurers shall, at appropriately reduced premium rates, offer deductibles to basic or added reparation benefits applicable only to claims of basic reparation insureds and, in case of death of a basic reparation insured, of his survivors from all personal injury.
κ1973 Statutes of Nevada, Page 831 (CHAPTER 530, SB 611)κ
reparation benefits applicable only to claims of basic reparation insureds and, in case of death of a basic reparation insured, of his survivors from all personal injury. If two basic reparation insureds to whom the deductible is applicable under the contract of insurance are injured in the same accident, the aggregate amount of the deductible applicable to all of them shall not exceed the specified deductible, which amount where necessary shall be allocated equally among them. Any basic reparation insured subject to such a deductible may not claim or recover any amount so deducted from any owner, registrant, operator or occupant of a motor vehicle or from any person or organization legally responsible for the acts or omissions of any such owner, registrant, operator or occupant, if such persons or organizations are exempt from tort liability under the provisions of this chapter.
Sec. 36. Basic reparation insurers shall offer such additional optional coverage for added reparation benefits as may be required by regulations promulgated by the commissioner of insurance. Added reparation benefits shall include without limitation:
1. Benefits payable in excess of the limitations provided in section 8 of this act.
2. Collision and upset damage.
Sec. 37. Terms and conditions of contracts and certificates or other evidence of insurance coverage sold or issued in this state providing motor vehicle tort liability, basic reparation and added reparation insurance coverages, and of forms used by insurers offering these coverages, are subject to approval and regulation by the commissioner of insurance. The commissioner shall approve only terms and conditions consistent with the purposes of this chapter and fair and equitable to all persons whose interests may be affected. The commissioner may limit by rule the variety of coverages available in order to give insurance purchasers reasonable opportunity to compare the cost of insuring with various insurers.
Sec. 38. 1. A person entitled to basic reparation benefits because of injury covered by this chapter may obtain them through the assigned claims plan established pursuant to the provisions of section 39 of this act and in accordance with the provisions on time for presenting claims under the assigned claims plan as provided in section 40 of this act if:
(a) Basic reparation insurance is not applicable to the injury;
(b) Basic reparation insurance applicable to the injury cannot be identified;
(c) Basic reparation insurance applicable to the injury is inadequate to provide the contracted-for benefits because of financial inability of a reparation obligor to fulfill its obligation; or
(d) A claim for basic reparation benefits is rejected by a reparation obligor for a reason other than that the person is not entitled under this chapter to the basic reparation benefits claimed.
2. If a claim qualifies for assignment under paragraphs (b), (c) or (d) of subsection 1, the assigned claims bureau or any reparation obligor to whom the claim is assigned is subrogated to all rights of the claimant against any reparation obligor, its successor in interest or substitute, legally obligated to provide basic reparation benefits to the claimant, for basic reparation benefits provided by the assignee.
κ1973 Statutes of Nevada, Page 832 (CHAPTER 530, SB 611)κ
3. Except in case of a claim assigned under paragraph (c) of subsection 1, if a person receives basic reparation benefits through the assigned claims plan, all assistance or advantages he receives or is entitled to receive as a result of the injury, other than by way of succession at death, death benefits from life insurance or in discharge of familial obligations of support, are subtracted in calculating net benefits payable.
4. A person who does not comply with the requirement of providing security for the payment of basic reparation benefits, as provided in section 20 of this act, and a person as to whom such security is invalidated because he is disqualified from receiving basic reparation benefits under section 34 of this act, is not entitled to receive basic reparation benefits from the assigned claims plan.
Sec. 39. 1. Reparation obligors providing basic reparation insurance in this state may organize and maintain, subject to approval and regulation by the commissioner of insurance, an assigned claims bureau and an assigned claims plan and adopt rules for their operation and for assessment of costs on a fair and equitable basis consistent with this chapter. If they do not organize and continuously maintain an assigned claims bureau and an assigned claims plan in a manner considered by the commissioner of insurance to be consistent with this chapter, he shall organize and maintain an assigned claims bureau and an assigned claims plan, except that if the commissioner of insurance organizes an assigned claims bureau and an assigned claims plan, he may designate representatives from reparation obligors to maintain such bureau and plan. Each reparation obligor providing basic reparation insurance in this state shall participate in the assigned claims bureau and the assigned claims plan. Costs incurred shall be allocated fairly and equitably among the reparation obligors on a basis reasonably related to the volume of basic reparation premiums they write in Nevada.
2. The assigned claims bureau shall promptly assign each claim and notify the claimant of the identity and address of the assignee of the claim. Claims shall be assigned so as to minimize inconvenience to claimants. The assignee thereafter has rights and obligations as if he had issued a policy of basic reparation insurance complying with this chapter applicable to the injury or, in case of financial inability of a reparation obligor to perform its obligations, as if the assignee had written the applicable basic reparation insurance, undertaken the self-insurance or lawfully obligated itself to pay reparation benefits. The exercise of this right by the reparations obligor shall not operate so as to diminish the minimum security in the amounts required in NRS 485.3091 for payment of tort liabilities to the recipient of basic benefits.
3. This section shall not apply to a self-insurer who provides security pursuant to NRS 485.380.
Sec. 40. 1. Except as provided in subsection 2, a person authorized to obtain basic reparation benefits through the assigned claims plan shall notify the assigned claims bureau of his claim within the time that would have been allowed for commencing an action for those benefits under the provisions of chapter 11 of NRS if there had been identifiable coverage in effect and applicable to the claim.
2. If timely action for basic reparation benefits is commenced against a reparation obligor who is unable to fulfill his obligations because of financial inability, a person authorized to obtain basic reparation benefits through the assigned claims plan shall notify the assigned claims bureau of his claim within 6 months after discovery of the financial inability.
κ1973 Statutes of Nevada, Page 833 (CHAPTER 530, SB 611)κ
a reparation obligor who is unable to fulfill his obligations because of financial inability, a person authorized to obtain basic reparation benefits through the assigned claims plan shall notify the assigned claims bureau of his claim within 6 months after discovery of the financial inability.
Sec. 41. 1. Basic and added reparation benefits are payable biweekly as they accrue. Benefits are overdue if not paid within 30 days after the reparation obligor receives reasonable proof of the fact and amount of loss realized, unless the reparation obligor elects to accumulate claims for periods not exceeding 15 days and pays them within 15 days after the period of accumulation. If reasonable proof is supplied as to only part of a claim, and the part totals $100 or more, the part is overdue if not paid within the time provided by this section. Allowable expense benefits may be paid by the reparation obligor directly to persons supplying products, services or accommodations to the claimant.
2. Overdue payments bear interest at the rate of 18 percent per annum.
3. A claim for basic or added reparation benefits shall be paid without deduction for the benefits which are to be subtracted pursuant to the provisions on the calculation of net benefits payable under section 33 of this act, if these benefits have not been paid to the claimant before the reparation benefits are overdue or the claim is paid. The reparation obligor is entitled to reimbursement from the person obligated to make the payments or from the claimant who actually receives the payments.
4. A reparation obligor may bring an action to recover benefits which are not payable, but are in fact paid, because of an intentional misrepresentation of a material fact, upon which the reparation obligor relics, by the insured or by a person providing an item of allowable expense covered under benefits payable. The action may be brought only against the person providing the item of allowable expense, unless the insured has intentionally misrepresented the facts or knew of the misrepresentation. An insurer may offset amounts he is entitled to recover from the insured under this subsection against any basic or added reparation benefits otherwise due.
5. A reparation obligor who rejects a claim for basic reparation benefits shall give to the claimant prompt written notice of the rejection, specifying the reason. If a claim is rejected for a reason other than that the person is not entitled to the basic reparation benefits claimed, the written notice shall inform the claimant that he may file his claim with the assigned claims bureau and shall give the name and address of the bureau.
Sec. 42. 1. If overdue benefits are recovered in an action against the reparation obligor or paid by the reparation obligor after receipt of notice of the attorneys representation, a reasonable attorneys fee for advising and representing a claimant on a claim or in an action for basic reparation benefits shall be paid by reparation obligor to the attorney. No part of the fee for representing the claimant in connection with these benefits is a charge against benefits otherwise due the claimant. All or part of the fee may be deducted from the benefits otherwise due to claimant if any significant part of his claim for benefits was fraudulent or so excessive as to have no reasonable foundation.
2. In any action brought against the insured by a reparation obligor, the court may award the insureds attorney a reasonable attorneys fee for defending the action.
κ1973 Statutes of Nevada, Page 834 (CHAPTER 530, SB 611)κ
the court may award the insureds attorney a reasonable attorneys fee for defending the action.
Sec. 43. A reparation obligor shall be allowed a reasonable attorneys fee for defending a claim for benefits that is fraudulent or so excessive as to have no reasonable foundation. The fee may be treated as an offset to benefits due or which thereafter accrue. The reparation obligor may recover from the claimant any part of the fee not offset or otherwise paid.
Sec. 44. 1. If the reasonably anticipated net benefits payable subject to the settlement does not exceed $2,500, a claim of an individual for basic or added reparation benefits arising from injury, including a claim for future loss other than allowable expense, may be discharged by a settlement for an agreed amount payable in installments or in a lump sum. If the reasonably anticipated net benefits payable subject to the settlement exceeds $2,500, the settlement may be made with approval of the district court upon a finding by the court that the settlement is in the best interest of the claimant. Upon approval of the settlement, the court may make appropriate orders concerning the safeguarding and disposing of the proceeds of the settlement. A settlement agreement may also provide that the reparation obligor shall pay the reasonable cost of appropriate medical treatment or procedures, with reference to a specified condition, to be performed in the future.
2. A settlement agreement for an amount payable in installments may be modified as to amounts to be paid in the future, if it is shown that a material and substantial change of circumstances has occurred or that there is newly discovered evidence concerning the claimants physical condition, loss or rehabilitation, which could not have been known previously or discovered in the exercise of reasonable diligence.
3. A settlement agreement may be set aside if it is procured by fraud or its terms are unconscionable.
Sec. 45. 1. In an action by a claimant, a lump sum or installment judgment may be entered for basic or added reparation benefits, other than medical benefits, that would accrue after the date of the award. A judgment for medical benefits that would accrue after the date of the award may not be entered. In an action for reparation benefits or to enforce rights under this chapter, however, the court may enter a judgment declaring that the reparation obligor is liable for the reasonable cost of appropriate medical treatment or procedures, with reference to a specified condition, to be performed in the future if it is ascertainable or foreseeable that treatment will be required as a result of the injury for which the claim is made.
2. At the instance of the claimant, a court may commute future benefits payable, other than medical benefits, to a fixed sum, but only upon a finding of one or more of the following:
(a) That the award will promote the health and contribute to the rehabilitation of the injured person;
(b) That the present value of all benefits payable other than medical benefits to accrue thereafter does not exceed $1,000; or
(c) That the parties consent and the award is in the best interests of the claimant.
3. An installment judgment for benefits, other than medical benefits, that will accrue thereafter may be entered only for a period as to which the court can reasonably determine future net benefits payable.
κ1973 Statutes of Nevada, Page 835 (CHAPTER 530, SB 611)κ
that will accrue thereafter may be entered only for a period as to which the court can reasonably determine future net benefits payable. An installment judgment may be modified as to amounts to be paid in the future upon a finding that a material and substantial change of circumstances has occurred, or that there is newly discovered evidence concerning the claimants physical condition, loss or rehabilitation, which could not have been known previously or discovered in the exercise of reasonable diligence.
4. The court may make appropriate orders concerning the safeguarding and disposing of funds collected under the judgment.
5. Appeals from a judgment for basic or added reparation benefits may be taken in accordance with the Nevada Rules of Civil Procedure.
Sec. 46. Except as otherwise provided in this chapter, basic reparation benefits shall be paid without deduction or setoff.
Sec. 47. 1. If the mental or physical condition of a person is material to a claim for past or future basic or added reparation benefits, the reparation obligor may petition the district court for an order directing the person to submit to a mental or physical examination by a physician. Upon notice to the person to be examined and all persons having an interest, the court may make the order for good cause shown. The order shall specify the time, place, manner, conditions, scope of the examination and the physician by whom it is to be made.
2. If requested by the person examined, the reparation obligor causing a mental or physical examination to be made shall deliver to the person examined a copy of a detailed written report of the examining physician setting out his findings, including results of all tests made, diagnoses and conclusions, and reports of earlier examinations of the same condition. By requesting and obtaining a report of the examination ordered or by taking the deposition of the physician, the person examined waives any privilege he may have, in relation to the claim for basic or added reparation benefits, regarding the testimony of every other person who has examined or may thereafter examine him respecting the same condition. This subsection does not preclude discovery of a report of an examining physician, taking a deposition of the physician or other discovery procedures in accordance with any rule of court or other provision of law. This subsection applies to examinations made by agreement of the person examined and the reparation obligor.
3. If any person refuses to comply with an order entered under this section the court may make any just order as to the refusal, but may not find a person in contempt for failure to submit to a mental or physical examination.
Sec. 48. 1. Upon request of a basic or added reparation claimant or reparation obligor, information relevant to a claim for basic or added reparation benefits shall be disclosed as follows:
(a) An employer shall furnish a statement of the work record and earnings of an employee upon whose injury the claim is based. The statement shall cover the period specified by the claimant or reparation obligor making the request and may include a reasonable period before, and the entire period after, the injury.
(b) The claimant shall deliver to the reparation obligor a copy of every written report, previously or thereafter made, relevant to the claim, and delivered to him, concerning any medical treatment or examination of a person upon whose injury the claim is based and the names and addresses of physicians and medical care facilities rendering diagnoses or treatment in regard to the injury or to a relevant past injury, and the claimant shall authorize the reparation obligor to inspect and copy relevant records of physicians and of hospitals, clinics and other medical facilities.
κ1973 Statutes of Nevada, Page 836 (CHAPTER 530, SB 611)κ
written report, previously or thereafter made, relevant to the claim, and delivered to him, concerning any medical treatment or examination of a person upon whose injury the claim is based and the names and addresses of physicians and medical care facilities rendering diagnoses or treatment in regard to the injury or to a relevant past injury, and the claimant shall authorize the reparation obligor to inspect and copy relevant records of physicians and of hospitals, clinics and other medical facilities.
(c) A physician or hospital, clinic or other medical facility furnishing examinations, services or accommodations to an injured person in connection with a condition alleged to be connected with an injury upon which a claim is based, upon authorization of the claimant shall permit inspection and copying of all records and reports as to the history, condition, treatment and dates and cost of treatment. The reparation obligor shall upon request furnish to the claimant copies of all such records and reports.
2. Any person other than the claimant providing information under this section may charge the person requesting the information for the reasonable cost of providing it.
Sec. 49. Ratemaking and regulation of rates for basic and added reparation insurance are governed by chapter 686B of NRS.
Sec. 50. The commissioner of insurance may adopt rules to provide effective administration of this chapter which are consistent with the provisions of NRS 679B.130 and with the purposes of this chapter and fair and equitable to all persons whose interests may be affected.
Sec. 51. The director of the department of motor vehicles may adopt rules to implement and provide effective administration of the provisions on evidence of security and termination of security under chapter 485 of NRS.
Sec. 52. Chapter 686B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Unless such resulting rates would be inadequate as defined in subsection 3 of NRS 686B.050, no reparation obligor may impose rates for basic or added reparation benefits as provided in sections 2 to 51, inclusive, of this act, which exceed 85 percent of the base rate as established by the commissioner, for the same class of coverage under a system of tort liability.
2. As used in this section, class of coverage means a classification of benefits payable, including without limitation reparations for personal injury, without regard to whether such benefits are payable under a system of tort liability or otherwise.
Sec. 53. NRS 485.200 is hereby amended to read as follows:
485.200 The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, shall not apply:
1. To such operator or owner if such owner had in effect at the time of such accident an automobile liability policy and security as required by section 20 of this act with respect to the motor vehicle involved in such accident;
2. To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident an automobile liability policy or bond and security as required by section 20 of this act with respect to his operation of motor vehicles not owned by him;
κ1973 Statutes of Nevada, Page 837 (CHAPTER 530, SB 611)κ
bond and security as required by section 20 of this act with respect to his operation of motor vehicles not owned by him;
3. To such operator or owner if the liability of such operator or owner for damages resulting from such accident is, in the judgment of the division, covered by any other form of liability insurance policy or bond;
4. To any person qualifying as a self-insurer under NRS 485.380, or to any person operating a motor vehicle for such self-insured;
5. To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such operator or owner;
6. To the operator or the owner of a motor vehicle legally parked at the time of the accident;
7. To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating such motor vehicle without such permission; or
8. If, prior to the date that the division would otherwise suspend the license and registration or nonresidents operating privilege under NRS 485.190, there shall be filed with the division evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.
Sec. 54. NRS 485.308 is hereby amended to read as follows:
485.308 1. Proof of financial responsibility may be furnished by filing with the division the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy and security as required by section 20 of this act for the benefit of the person required to furnish proof of financial responsibility. Such certificate shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.
2. No motor vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility unless such motor vehicle is so designated in such a certificate.
Sec. 55. NRS 485.3091 is hereby amended to read as follows:
485.3091 1. A motor vehicle liability policy as the term is used in this chapter shall mean an owners or an operators policy of liability insurance and of security as required by section 20 of this act issued, except as otherwise provided in NRS 485.309, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.
2. Such owners policy of liability insurance shall:
(a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and
κ1973 Statutes of Nevada, Page 838 (CHAPTER 530, SB 611)κ
motor vehicles with respect to which coverage is thereby to be granted; and
(b) Insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: $15,000 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $30,000 because of bodily injury to or death of two or more persons in any one accident, and $5,000 because of injury to or destruction of property of others in any one accident.
3. Such operators policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owners policy of liability insurance.
4. Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
5. Such motor vehicle liability policy need not insure any liability under any workmens compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any such motor vehicle, nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.
6. Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:
(a) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by such motor vehicle liability policy occurs; the policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of the policy shall defeat or void the policy.
(b) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage.
(c) The insurance carrier shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in paragraph (b) of subsection 2 of this section.
κ1973 Statutes of Nevada, Page 839 (CHAPTER 530, SB 611)κ
(d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter shall constitute the entire contract between the parties.
7. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and such excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage the term motor vehicle liability policy shall apply only to that part of the coverage which is required by this section.
8. Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
9. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet such requirements.
10. Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
Sec. 56. NRS 485.380 is hereby amended to read as follows:
485.380 1. Any person in whose name more than 25 motor vehicles are registered in the State of Nevada may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the division as provided in subsection 2 of this section.
2. The division may, upon the application of such a person, issue a certificate of self-insurance when it is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments obtained against such person [.] and claims for basic reparation benefits as provided in sections 2 to 51, inclusive, of this act.
3. Upon not less than 5 days notice and a hearing pursuant to such notice, the division may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any judgment within 30 days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
Sec. 57. NRS 690B.020 is hereby amended to read as follows:
690B.020 1. No policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any such motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of such uninsured or hit-and-run motor vehicle; but no such coverage shall be required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such policy unless the coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as uninsured vehicle coverage.
κ1973 Statutes of Nevada, Page 840 (CHAPTER 530, SB 611)κ
2. The amount of coverage to be so provided shall be not less than the minimum limits for bodily injury liability insurance provided for under the Motor Vehicle Safety Responsibility Act (chapter 485 of NRS), but may be in an amount not to exceed the bodily injury coverage purchased by the policyholder.
3. For the purposes of this section the term uninsured motor vehicle means a motor vehicle:
(a) With respect to which there is not available at the department of motor vehicles evidence of financial responsibility as required by chapter 485 of NRS;
(b) With respect to the ownership, maintenance or use of which there is no bodily injury liability insurance or bond applicable at the time of the accident, or, to the extent of such deficiency, any bodily injury liability insurance or bond in force is less than the amount required by NRS 485.210;
(c) With respect to the ownership, maintenance or use of which the company writing any applicable bodily injury liability insurance or bond denies coverage or is insolvent;
(d) Used without the permission of its owner if there is no bodily injury liability insurance or bond applicable to the operator; or
(e) The owner or operator of which is unknown or after reasonable diligence cannot be found if:
(1) The bodily injury or death has resulted from physical contact of such automobile with the named insured or the person claiming under him or with an automobile which the named insured or such person is occupying; and
(2) The named insured or someone on this behalf has reported the accident within the time required by NRS 484.223 to 484.227, inclusive, to the police department of the city where it occurred, or if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada highway patrol.
4. For the purposes of this section the term uninsured motor vehicle also includes, subject to the terms and conditions of such coverage, an insured other motor vehicle where:
(a) The liability insurer of such other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy; and
(b) The occurrence out of which such legal liability arose took place while the uninsured motor vehicle coverage required under paragraph (a) was in effect; and
(c) The insolvency of the liability insurer of such other motor vehicle existed at the time of, or within 1 year after, such occurrence.
Nothing contained in this subsection shall be deemed to prevent any insurer from providing insolvency protection to its insureds under more favorable terms.
5. In the event of payment to any person under uninsured motor vehicle coverage, and subject to the terms of such coverage, to the extent of such payment the insurer shall be entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which such payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.
κ1973 Statutes of Nevada, Page 841 (CHAPTER 530, SB 611)κ
as to which such payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.
6. A vehicle involved in a collision which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the department of motor vehicles in the manner required by chapter 485 of NRS within 60 days after the collision occurs.
7. To the extent that a person is entitled to basic or added reparation benefits under sections 2 to 51, inclusive, of this act, he may not recover payments under uninsured motor vehicle coverage.
Sec. 58. NRS 690B.030 is hereby repealed.
Sec. 59. 1. If section 52 of this act or its application to any person, thing or circumstance is held invalid, such invalidity shall cause the provisions of sections 1 to 60, inclusive, of this act or their application to be invalid.
2. Except as provided in subsection 1, if any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 60. This act shall take effect February 1, 1974. Accidents occurring before this date are not covered by or subject to this act. The commissioner of insurance and the director of the department of motor vehicles shall exercise, prior to the effective date of this act, the authority vested in them under this act to do all things necessary to implement the act on the effective date.
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Senate Bill No. 470Senators Young, Swobe, Raggio and Dodge
CHAPTER 531
AN ACT relating to land use planning; providing for such planning under the direction of the governor in the absence of local planning and regulation by a certain date; and providing other matters properly relating thereto.
[Approved April 25, 1973]
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 the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. If after July 1, 1975, there is any land lying within the boundaries of any county of this state which has not been made subject to a comprehensive land use plan pursuant to NRS 278.150, and zoning regulations pursuant to the provisions of NRS 278.010 to 278.630, inclusive, the provisions of sections 2 to 9, inclusive, of this act, apply to the extent and in the manner indicated therein.
κ1973 Statutes of Nevada, Page 842 (CHAPTER 531, SB 470)κ
Sec. 3. 1. Upon being advised that there is any such land as is identified in section 2 of this act, lying within the boundaries of any county of this state, the governor shall confirm the fact.
2. Thereafter, the governor may prescribe, may amend and shall thereafter administer comprehensive land use plans and zoning regulations for such land.
3. The governor may grant a reasonable extension of time, if any governing body has under consideration on July 1, 1975, a comprehensive land use plan and zoning regulation, and if there is evidence of satisfactory progress toward the final enactment of such plan and ordinance.
Sec. 4. 1. Any comprehensive land use plan prescribed or amended by the governor, pursuant to section 3 of this act, shall be in accordance with the standards provided in section 5 of this act, and the notice and hearing requirements provided in NRS 278.210.
2. Any zoning regulations prescribed or amended by the governor pursuant to section 3 of this act shall be in accordance with the standards provided in NRS 278.250 and the notice and hearing requirements provided in NRS 278.260.
3. A comprehensive land use plan or zoning regulation prescribed or amended by the governor pursuant to section 3 of this act may be effected for any purpose provided in NRS 278.010 to 278.630, inclusive. The governor may cause to be instituted an appropriate proceeding to enjoin the construction of buildings or performance of any other acts which would constitute a land use that does not conform to the applicable land use plan or zoning regulation.
4. Any hearings required by this section may be held by the governor or by a person or agency designated by the governor, and all such hearings shall be held in the county seat of the county in which the comprehensive land use plan or zoning regulation is to be prescribed.
Sec. 5. 1. Comprehensive physical planning shall to the extent feasible:
(a) Provide guidance for physical development within the state responsive to economic development, human resource development, natural resource development and regional and metropolitan area development;
(b) Assist in the attainment of the optimum living environment for the residents of this state and assure sound housing, employment opportunities, educational fulfillment and sound health facilities;
(c) Relate to intermediate and long-range growth objectives; and
(d) Set a pattern upon which state agencies and local government may base their programs and local area plans.
2. Goals for comprehensive physical planning are:
(a) To preserve the quality of the air and water resources of the state.
(b) To conserve open space and protect natural and scenic resources.
(c) To provide for the recreational needs of citizens of the state and visitors.
(d) To conserve prime farm lands for the production of crops and provide for an orderly and efficient transition from rural to urban land use.
(e) To protect life and property in areas subject to floods, landslides and other natural disasters.
κ1973 Statutes of Nevada, Page 843 (CHAPTER 531, SB 470)κ
(f) To provide and encourage a safe, convenient and economic transportation system including all modes of transportation such as air, water, rail, highway and mass transit, and recognizing differences in the social costs in the various modes of transportation.
(g) To develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development.
(h) To diversify and improve the economy of the state.
(i) To ensure that the development of properties within the state is commensurate with the character and the physical limitations of the land.
(j) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of such land for such development.
Sec. 6. 1. As used in this section, building means a structure having one or more walls or columns, with or without a roof, which is designed to protect persons, animals or property from the elements.
2. When a building valued at $300 or more is proposed to be erected on land subject to zoning regulations prescribed by the governor, the person so proposing shall give written notice to the governor 10 days before construction is scheduled to commence.
3. The notice shall provide information concerning location, construction dates, value of building materials and intended use of the building. It shall be accompanied by a sketch and elevations of the building.
4. If the land is subject to local building regulations, the person otherwise authorized by law to issue the building permit shall give the notice required by subsection 2.
Sec. 7. The governor may enter into contracts for such services as the governor considers appropriate for carrying out his land use planning and zoning duties.
Sec. 8. Any comprehensive land use plan and zoning regulation promulgated by the governor, as provided by sections 2 to 9, inclusive, of this act, shall remain in effect until a county or city governing body adopts its own comprehensive land use plan and zoning ordinance.
Sec. 9. In addition to the remedy prescribed in subsection 3 of section 4 of this act, the governor may cause to be instituted any civil action or suit he considers appropriate to remedy violations of any comprehensive land use plan or zoning regulation prescribed by the governor pursuant to sections 2 and 3 of this act.
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κ1973 Statutes of Nevada, Page 844κ
Senate Bill No. 479Senators Wilson and Foley
CHAPTER 532
AN ACT relating to parole; expanding the jurisdiction of the state board of parole commissioners; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.033 is hereby amended to read as follows:
176.033 1. Where a sentence of imprisonment is required or permitted by statute, the court shall sentence the defendant to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits provided by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant.
2. When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the state board of parole commissioners from the time he is released on parole under the provisions of chapter 213 of NRS until the expiration of the term of imprisonment imposed by the court irrespective of any good time or other credits against such term.
Sec. 2. NRS 213.1099 is hereby amended to read as follows:
213.1099 [The] 1. Except as provided in subsection 2, the board may release on parole a prisoner otherwise eligible for parole under NRS 213.107 to 213.160, inclusive, only if, from all the information known to the board, it appears to the board:
[1.] (a) That there is a reasonable probability that such prisoner will live and remain at liberty without violating the laws; and
[2.] (b) That such release is not incompatible with the welfare of society.
2. When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the state board of parole commissioners from the time he is released on parole under the provisions of chapter 213 of NRS until the expiration of the term of imprisonment imposed by the court irrespective of any good time or other credits against such term.
Sec. 3. NRS 213.130 is hereby amended to read as follows:
213.130 1. [Applications for parole from the state prison or county jail] A prisoner in the state prison or a county jail may apply to the board for parole. Such applications shall be made on forms prescribed by the board from time to time [,] and shall contain such data as will assist the board in determining whether parole should be granted. The secretary of the board shall furnish any prisoner an application form upon request.
2. Meetings for the purpose of considering applications for parole shall be held semiannually or oftener, on such dates as may be fixed by the board.
3. The board of state prison commissioners shall provide suitable and convenient rooms or space for use of the board.
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κ1973 Statutes of Nevada, Page 845κ
Senate Bill No. 382Committee on Finance
CHAPTER 533
AN ACT permitting the transfer of certain moneys between accounts by the division of state parks.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The division of state parks of the state department of conservation and natural resources is hereby authorized to transfer $20,642 from the state parks capital construction account #4209 to the state parks administrative account #4162 in order to offset planning, engineering and administrative costs of federally reimbursed projects.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 586Senator Young
CHAPTER 534
AN ACT relating to wildlife protection measures; permitting destruction of dogs harassing deer and other wildlife; providing penalties; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 503 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. It is unlawful for the owner of any dog to permit such dog to run at large if such dog is actively tracking, pursuing, harassing, attacking or killing any deer within this state.
2. Any such dog running at large may be destroyed by any peace officer without criminal or civil liability therefor.
Sec. 3. 1. It is unlawful for the owner of any dog to permit such dog to run at large if such dog is actively tracking, pursuing, harassing, attacking or killing any wildlife in a state-owned wildlife management area, as provided in NRS 504.143.
2. Any such dog running at large may be destroyed by any peace officer, without criminal or civil liability therefor.
________
κ1973 Statutes of Nevada, Page 846κ
Senate Bill No. 547Committee on Judiciary
CHAPTER 535
AN ACT relating to gaming licensing and control; providing a procedure whereby the Nevada gaming commission may exempt certain banks acting in fiduciary capacity from certain licensing requirements; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section:
(a) Bank means a national banking association which has its chief place of business in this state, a banking corporation formed under the laws of this state or a trust company formed under the laws of this state which has its chief place of business in this state.
(b) Fiduciary means an executor, an administrator, a special administrator, a trustee of an intervivos trust, a trustee of a testamentary trust, an escrow agent, a depositary or any combination thereof.
2. The commission may, selectively or by general regulation, at any time and from time to time, exempt a bank acting as a fiduciary from all or any portion of the requirements of NRS 463.160, 463.170 and 463.490 to 463.641, inclusive, and from the regulations promulgated thereunder.
3. The commission may, upon the recommendation of the board or upon its own undertaking, grant, deny, limit, condition, restrict, revoke or suspend any exemption or application for exemption pursuant to subsection 2 for any cause which the commission considers reasonable.
4. An exemption granted pursuant to subsection 2 is a revocable privilege, and no person may acquire any vested rights therein or thereunder.
________
Senate Bill No. 604Committee on Finance
CHAPTER 536
AN ACT relating to the state executive department; designating the governor as the exclusive agent of the state for the receipt and disbursement of any special revenue sharing funds from the Federal Government; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 223 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The governor shall have the exclusive authority, until June 30, 1975, to receive and disburse any special revenue sharing funds that the Federal Government may allocate to the State of Nevada.
κ1973 Statutes of Nevada, Page 847 (CHAPTER 536, SB 604)κ
2. The governor shall establish such procedures of record-keeping and accounting as may be necessary to comply with the financial requirements of any federal law on special revenue sharing.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 447Committee on Finance
CHAPTER 537
AN ACT making appropriations from the general fund in the state treasury to the legislators retirement fund and to the public employees retirement board for the purpose of defraying the cost of administering the legislators retirement system.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury:
1. The sum of $150,000 to the legislators retirement fund.
2. The sum of $5,000 to the public employees retirement board to be expended for the administration of the legislators retirement system.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 355Committee on Finance
CHAPTER 538
AN ACT making an appropriation from the general fund in the state treasury to the data processing commission to purchase data processing equipment.
[Approved April 25, 1973]
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 data processing commission the sum of $2,263,000 for the purpose of purchasing, outright or through a lease-purchase agreement, such computer facility data processing equipment as in the judgment of the commission best meets the needs of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 848κ
Senate Bill No. 356Committee on Finance
CHAPTER 539
AN ACT amending chapter 242 of NRS to establish a computer acquisition sinking fund in the state treasury for the purpose of acquiring replacement computer equipment; providing for deposits in such fund by the data processing commission; providing for investment of the moneys in the fund by the state treasurer; requiring recommendation by the state board of examiners and approval by the interim finance committee of any expenditure from such fund; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 242 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby created a computer acquisition sinking fund in the state treasury. The purpose of such fund is to provide moneys for the future acquisition of computer equipment to replace the state-owned computer equipment at the end of the useful life of that equipment.
2. The manager of the computer facility shall pay monthly to the state treasurer for deposit in the computer acquisition sinking fund such amounts as are determined by the data processing commission to be sufficient to acquire replacement computer equipment at such time as such equipment is required.
3. Moneys in the computer acquisition sinking fund shall be invested by the state treasurer at such times as the state treasurer makes general fund investments. At the end of the fiscal year, the state treasurer shall transfer from the general fund to the computer acquisition sinking fund an amount of money representing the interest on the sinking fund moneys at the average rate of interest realized by the state treasurer on general fund investments.
4. No moneys shall be disbursed from the computer acquisition sinking fund for the purpose of acquiring computer equipment unless first there is recommendation by the board of examiners to the interim finance committee for the acquisition of such equipment and approval for such disbursement by the interim finance committee.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 849κ
Senate Bill No. 97Committee on Health, Welfare and State Institutions
CHAPTER 540
AN ACT to amend NRS 209.500, relating to the release of prisoners from the state prison, by providing flexibility in the amount of money to be paid to a prisoner upon his release; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 209.500 is hereby amended to read as follows:
209.500 Whenever any prisoner shall be released from the state prison, [of this state,] either by expiration of his term of sentence, or by pardon, or by parole, the warden [shall:] may:
1. Furnish him [$25, the same to] with a sum of money not to exceed $50, the amount to be based upon the prisoners economic need as determined by the warden, which shall be allowed and paid out of the state prison fund as any other claim against the fund.
2. Give him notice of the provisions of NRS 202.360, forbidding ex-felons to possess or have custody of concealable weapons and the provisions of NRS 207.080 to 207.150, inclusive, relating to the registration and fingerprinting of convicted persons.
3. Require him to sign an acknowledgment of the notice required in subsection 2.
________
Senate Bill No. 140Committee on Finance
CHAPTER 541
AN ACT relating to the investments of the public employees retirement system; permitting the addition of commercial paper, bankers acceptances, shares, share accounts and investment certificates of savings and loan associations and notes of the Export-Import Bank of the United States to the portfolio; recognizing the prudent man investment rule; removing certain arithmetical investment restrictions; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The board may invest and reinvest the moneys in its funds in:
1. Negotiable commercial paper as defined in NRS 104.3104 and further limited by this subsection. Eligible commercial paper may not exceed 180 days maturity and must be of prime quality as defined by a nationally recognized organization which rates such securities. It is further limited to issuing corporations with net worth in excess of $50,000,000 which are incorporated under the laws of the United States or any state thereof or the District of Columbia.
κ1973 Statutes of Nevada, Page 850 (CHAPTER 541, SB 140)κ
2. Collective or part interest in commercial paper held by national banks and issued by companies whose commercial paper meets the requirements prescribed in subsection 1.
3. Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System.
4. Shares, share accounts and investment certificates of savings and loan associations licensed in this state.
Sec. 3. 1. The board may invest and reinvest the moneys in its funds in securities and stock recommended by investment counsel whether or not the securities or stock are expressly authorized or qualify under chapter 286 of NRS if, in the opinion of the investment counsel, the investment conforms to the overall investment objectives of the board, subject to the standard set forth in subsection 2.
2. In investing in securities and stock under this section for the board, investment counsel shall exercise the judgment and care under the circumstances then prevailing which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds considering the probable income as well as the probable safety of their capital. Within the limitation of the foregoing standard there may be acquired and retained as investments of the board under this section every kind of investment which men of prudence, discretion and intelligence acquire or retain for their own account.
Sec. 4. NRS 286.690 is hereby amended to read as follows:
286.690 [1.] The board may invest and reinvest the moneys in its funds in: [bonds]
1. Bonds or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof.
[2. The board may invest and reinvest the moneys in its fund in obligations]
2. Obligations of the United States Postal Service and the Federal National Mortgage Association, whether or not guaranteed as to principal and interest by the United States of America.
3. Notes of the Export-Import Bank of the United States, whether or not guaranteed as to principal and interest by the United States of America.
Sec. 5. NRS 286.750 is hereby amended to read as follows:
286.750 [1.] The board may invest and reinvest the moneys in its funds in bonds, debentures, notes and other evidences of indebtedness issued, assumed or guaranteed by any solvent corporation or corporations (other than those organized and chartered for the sole purpose of holding stocks of other corporations) created or existing under the laws of the United States or of any of the states of the United States or the District of Columbia, or the Dominion of Canada or any of its provinces, which are not in default [either as to principal and interest; provided:
κ1973 Statutes of Nevada, Page 851 (CHAPTER 541, SB 140)κ
(a) In the case of any public utility company, the net earnings available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than two times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have been not less than two times its fixed charges for such year.
(b) In the case of any finance company, the net earnings available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than one and one-half times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have not been less than one and one-half times its fixed charges for such year.
(c) In the case of any solvent institution other than those described in paragraphs (a) and (b) above, the net earnings available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than three times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have been not less than three times its fixed charges for such year.
2. The board shall not invest in any one issue of such bonds described in paragraphs (a), (b) and (c) of subsection 1 in an amount in excess of 10 percent of any one such issue.] as to either principal or interest.
Sec. 6. NRS 286.760 is hereby amended to read as follows:
286.760 [1.] The board may invest and reinvest the moneys in its funds in equipment trust obligations or certificates evidencing an interest in or lien upon transportation equipment used or to be used by a common carrier or carriers and a right to receive determined portions of fixed obligatory payments for the use or purchase of such equipment, when such obligations or certificates are issued and are unconditionally guaranteed as to principal and interest, and, as to the payment of such obligatory payments, by a corporation created or existing under the laws of the United States, or any state, district or territory thereof, or the Dominion of Canada or any of its provinces, and when the face amount of such obligations or certificates does not exceed 80 percent of the purchase price of the transportation equipment.
[2. The board shall not invest in any one issue of obligations or certificates in this section in an amount in excess of 10 percent of any one such issue.]
Sec. 7. NRS 286.770 is hereby amended to read as follows:
286.770 [1.] The board may invest and reinvest the moneys in its funds in preferred or guaranteed stock or shares of any solvent institution created or existing under the laws of the United States or of any state, district or territory thereof. [, if all the prior obligations and prior preferred stocks, if any, of such institutions at the date of acquisition are eligible as investments under this section and if the net earnings of such institution available for its fixed charges during either of the last 2 years have been, and during each of the last 5 years have averaged not less than two times, in the case of a public utility company, and three times, in the case of any solvent institution other than a public utility company, the sum of its average annual fixed charges, if any, its average annual maximum contingent interest, if any, and its average annual preferred dividend requirements.
κ1973 Statutes of Nevada, Page 852 (CHAPTER 541, SB 140)κ
such institution available for its fixed charges during either of the last 2 years have been, and during each of the last 5 years have averaged not less than two times, in the case of a public utility company, and three times, in the case of any solvent institution other than a public utility company, the sum of its average annual fixed charges, if any, its average annual maximum contingent interest, if any, and its average annual preferred dividend requirements. For the purposes of this section, such computation shall refer to the fiscal years immediately preceding the date of acquisition, and the term preferred dividend requirement shall be deemed to mean cumulative or noncumulative dividends, whether paid or not.
2. The board shall not invest more than 1 percent of its assets in the preferred stock of any one issuing company, nor shall the aggregate of its investments under this section exceed 10 percent of its assets.]
Sec. 8. NRS 286.780 is hereby amended to read as follows:
286.780 [1.] The board may invest and reinvest the moneys in its funds in nonassessable (except for taxes or wages) common stock or shares of any solvent institution created or existing under the laws of the United States or any state, district or territory thereof. [, if:
(a) All the obligations and preferred stock, if any, of such institution are eligible as investments under NRS 286.680 to 286.800, inclusive; and
(b) Such institution has paid cash dividends for a period of 5 fiscal years next preceding the date of acquisition.
2. The board shall not invest more than 1 percent of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate of its investments under this section at cost exceed 20 percent of its assets.]
Sec. 9. NRS 286.790 is hereby amended to read as follows:
286.790 1. The board may invest and reinvest the moneys in its funds in entire first mortgages on improved unencumbered real property located within this state or any other state and worth at least 50 percent more than the amount loaned thereon, the worth to be substantiated by a member of the American Institute of Real Estate Appraisers, which appraisal the board may accept if it is satisfied that the appraisal is competent and disinterested; provided:
(a) There is and has been no default in the payment of any part of the principal and there is no default in interest; and
(b) The investment in any one mortgage does not exceed $25,000.
2. By improved real property, as used in this section, is meant all farmland which has been reclaimed and is used for the purpose of husbandry, whether for tillage or pasture, and all real property within the limits of an incorporated village, town or city on which permanent buildings suitable for residence or commercial use are situated.
3. Real property for the purposes of this section shall not be deemed to be encumbered within the meaning of this section by reason of the existence of instruments reserving rights-of-way, sewer rights and rights in walls nor by reason of building restrictions or other restrictive covenants, nor by reason of the fact that it is subject to lease under which rents or profits are reserved to the owner, if the security for such investment is a full and unrestricted first lien upon such real property and there is no condition nor right of reentry or forfeiture under which such investments can be cut off, subordinated or otherwise disturbed.
κ1973 Statutes of Nevada, Page 853 (CHAPTER 541, SB 140)κ
rents or profits are reserved to the owner, if the security for such investment is a full and unrestricted first lien upon such real property and there is no condition nor right of reentry or forfeiture under which such investments can be cut off, subordinated or otherwise disturbed.
4. Notwithstanding the restrictions set forth in this section, the board may invest in bonds or notes that are:
(a) Guaranteed by the Veterans Administration under the Servicemens Readjustment Act of 1944 (as from time to time amended), or otherwise guaranteed by the United States of America, or by any agency or instrumentality of the United States of America, so as to give the investor protection essentially the same as that provided by the Servicemens Readjustment Act, in which case the loan amount at the time of investment by the board may equal the unpaid principal balance; or are
(b) Insured under the National Housing Act or under the Farmers Home Administration Act of 1946 (as from time to time amended), in which case the loan amount at the time of investment by the board may equal the amount of the loan insurance provided.
5. The board shall not in any manner, either directly or indirectly, invest in real estate mortgages that are junior to first mortgages.
6. [The board shall not invest in excess of 20 percent of its assets in the securities described in this section.
7.] No mortgage loan upon a leasehold shall be made or acquired pursuant to this section unless the terms thereof provide for amortization payments to be made by the borrower on the principal thereof at least once in each year in amounts sufficient completely to amortize the loan within a period of four-fifths of the term of the leasehold, inclusive of the term which may be provided by enforcible option of renewal, which is unexpired at the time the loan is made, but in no event exceeding 30 years.
[8.] 7. The board may enter into servicing agreements with qualified mortgage servicing institutions for the handling of mortgage service details, and may reimburse such servicer the customary fee charged by the trade, but in no event shall this fee exceed one-twelfth of one-half percent per month of the unpaid principal balance of the loan or loans serviced under a servicing agreement. The servicer shall furnish the board each month, with respect to each mortgage serviced, postings of all cash transactions affecting each mortgage and, at the end of each calendar year, a completely posted ledger sheet for each separate mortgage serviced, giving all cash transactions affecting such mortgage.
Sec. 10. NRS 286.800 is hereby repealed.
Sec. 11. This bill shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 854κ
Senate Bill No. 161Committee on Finance
CHAPTER 542
AN ACT relating to the public employees retirement system; providing for a new administrative head; making changes in the organization, functioning and funding of the system; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.120 is hereby amended to read as follows:
284.120 1. The public employees retirement board and the executive [secretary] officer thereof and the personnel division and the chief thereof are authorized and directed to cooperate in all phases of their operations whereby duplication of staff, duplication of duties and work, and duplication of office equipment and records may be avoided.
2. The two agencies, by mutual agreement, shall each pay its proper share of salaries and other administrative expenses incurred in joint operations.
3. The two agencies are authorized and directed to cooperate to the fullest extent whereby maximum economy and efficiency in operation will be achieved, as well as maximum benefits for the employees of Nevadas departments, agencies, offices and institutions.
Sec. 2. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to conducting the postaudit and other examinations of the records of the system as provided in chapter 218 of NRS, the fiscal analyst shall make periodic examinations of public employers contribution records.
2. Such examinations shall be scheduled in such a way as, in the opinion of the fiscal analyst, to assure the most comprehensive audit of all employers contribution records.
3. Reports of such examinations shall be filed with the legislative commission and the board at 6-month intervals, commencing January 1, 1974.
Sec. 3. NRS 286.120 is hereby amended to read as follows:
286.120 1. The governing authority of the system shall be a board of five persons appointed by the governor.
2. The name of the board shall be the public employees retirement board.
3. The governor shall review periodically the broad administrative policies and performance standards as they are being administered by the board.
4. The governor may remove and replace any board member for cause shown.
Sec. 4. NRS 286.150 is hereby amended to read as follows:
286.150 1. The board shall meet at least once a month.
2. At its first meeting each year, the board shall designate one of its members to serve as chairman of the board for the remainder of the year and until his successor is designated and takes office.
κ1973 Statutes of Nevada, Page 855 (CHAPTER 542, SB 161)κ
Sec. 5. NRS 286.160 is hereby amended to read as follows:
286.160 1. The board shall employ an executive [secretary,] officer, who shall hold his position in the discretion of the board.
2. [The annual salary of the executive secretary shall be in an amount determined pursuant to the provisions of NRS 284.182, and he shall furnish such bond as may be required by the board.
3.] The executive officer shall be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS. He is entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
3. The executive officer shall:
(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.
(b) Possess at least 5 years experience in a high level administrative or executive capacity, responsible for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.
4. The executive [secretary] officer shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 6. NRS 286.170 is hereby amended to read as follows:
286.170 1. Subject to the limitations of this chapter and the budget prescribed by the board, the system shall be administered by the executive [secretary] officer and by a staff authorized by the board and appointed by the executive [secretary] officer with the approval of the board.
2. The system shall be administered under the following functional divisions:
(a) Planning and analysis;
(b) Investments;
(c) Accounting; and
(d) Membership relations.
3. The board shall:
(a) Appoint division chiefs who will be in the classified service.
(b) Create such positions within the functional divisions and otherwise as it deems necessary for the sound and economical administration of the system.
[(b)] (c) Fix the salaries of all persons employed in the classified service for purposes of administering the system in accordance with the pay plan of the state adopted pursuant to the provisions of chapter 284 of NRS. [, but the salary of the executive secretary and the assistant executive secretary shall be in the amounts determined pursuant to the provisions of NRS 284.182. The assistant executive secretary shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
3.] 4. The members of the staff shall hold their respective positions in the discretion of the board, but no member shall be removed in a manner contrary to the provisions of chapter 284 of NRS.
Sec. 7. NRS 286.180 is hereby amended to read as follows:
286.180 1. When necessarily absent from home attending to the business of the board, the members of the board shall receive their actual and necessary traveling expenses and other expenses within the limit fixed by law.
κ1973 Statutes of Nevada, Page 856 (CHAPTER 542, SB 161)κ
business of the board, the members of the board shall receive their actual and necessary traveling expenses and other expenses within the limit fixed by law.
2. Members of the board who are not participating members of the system shall receive additional compensation of [$25] $40 per day for attendance at meetings.
3. Reimbursement for expenses shall be paid from the public employees retirement administrative fund.
Sec. 8. NRS 286.220 is hereby amended to read as follows:
286.220 1. The board shall establish a fund which shall be known as the public employees retirement fund. [and in which all funds received as employer and employee retirement contributions shall be deposited.]
2. It is hereby declared to be the policy of the legislature that the public employees retirement fund is a trust fund established to afford a degree of security to long-time public employees of the state and its political subdivisions. The moneys in the fund shall not be used or appropriated for any purpose incompatible with securing to such public employees a secure and just retirement and the fund shall be invested and administered to assure the highest return consistent with safety in accordance with accepted investment practices.
Sec. 9. NRS 286.240 is hereby amended to read as follows:
286.240 [All funds paid into the public employees retirement fund and the public employees retirement administrative fund shall be deposited with the state treasurer, who shall be custodian of the funds and shall pay all warrants drawn thereon by the state controller in compliance with law. No warrant shall be paid until the claim for which it is drawn has been first certified by the executive secretary and otherwise allowed, audited and drawn as required by law.] All employer and employee contributions and all income earned by the system shall, upon receipt, be deposited directly in the bank account established for the public employees retirement board revolving fund.
Sec. 10. NRS 286.250 is hereby amended to read as follows:
286.250 1. The public employees retirement board revolving fund is hereby created. [in the sum of $1,000,000.]
2. [The] Moneys from the public employees retirement board revolving fund shall be [used] expended by the board for the purpose of paying retirement and disability allowances, post-retirement allowances, survivor benefits under the provisions of NRS 286.671 and 286.6792, and authorized refunds to members of the system and for [no other purpose.] investments.
3. [All claims or demands paid by the board from the public employees retirement board revolving fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state, and, when the claims have been approved by the state board of examiners, the state controller shall draw his warrant for the amount of such claim or claims in favor of the public employees retirement board revolving fund, to be paid to the order of the board, and the state treasurer shall pay the same.
4.] The board is directed to deposit the public employees retirement board revolving fund in a bank of reputable standing and to secure the deposit by a depository bond satisfactory to the state board of examiners.
κ1973 Statutes of Nevada, Page 857 (CHAPTER 542, SB 161)κ
board revolving fund in a bank of reputable standing and to secure the deposit by a depository bond satisfactory to the state board of examiners.
[5.] 4. All checks drawn upon the public employees retirement board revolving fund shall be signed by two persons designated by the board, and the persons so designated shall furnish such bond as shall be directed by the state board of examiners.
Sec. 11. NRS 286.280 is hereby amended to read as follows:
286.280 1. The board shall provide for:
(a) [A biennial] An independent annual audit of the public employees retirement fund [.] by a certified public accountant.
(b) [A biennial] An annual report to the members of the system and employers participating in the system.
2. [At least once every 5 years the board shall cause a competent actuary, familiar with public systems of retirement and death benefits, to prepare a report evaluating the current and prospective assets and liabilities of the system and indicating its current and prospective financial condition. In preparing the report the actuary shall:
(a) Investigate the mortality, disability, service and other experiences of the members of the system and employers participating in the system.
(b) State fully the conditions of the system.
(c) Make such recommendations as he deems advisable to facilitate proper administration of the system.
The board shall publish] The board shall:
(a) Provide for the services of a consulting actuary to review, on an annual basis, the actuarial valuation of the system, which shall be prepared and supplemented regularly by appropriate staff personnel utilizing computer capability to the extent available.
(b) Publish and distribute a summary of the [report] review to all public employers participating in the system.
Sec. 12. NRS 286.680 is hereby amended to read as follows:
286.680 1. Notwithstanding the provisions of chapter 355 of NRS or of any other law, the board may invest and reinvest the moneys in its funds as provided in NRS 286.690 to 286.800, inclusive, and may employ investment counsel for such purpose. The provisions of NRS 286.680 to 286.800, inclusive, shall not be deemed to prevent the board from making investments in accordance with the provisions of chapter 355 of NRS.
2. No person, firm or corporation engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as agent for the board shall be eligible for employment as investment counsel for the board.
3. The board shall not engage investment counsel unless:
(a) The principal business of the person, firm or corporation selected by the board consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of funds on the basis of the individual needs of each client;
(b) The principal ownership and control of such person, firm or corporation rests with individuals who are actively engaged in such business;
κ1973 Statutes of Nevada, Page 858 (CHAPTER 542, SB 161)κ
(c) Such person, firm or corporation and its predecessors have been continuously engaged in such business for a period of 10 or more years;
(d) Such person, firm or corporation is registered as an investment adviser under the laws of the United States of America as from time to time in effect;
(e) The contract between the retirement board and the investment counsel is of no specific duration and is voidable at any time by either party; and
(f) Such person, firm or corporation is a member of the Investment Counsel Association of America. [; and
(g) Such person, firm or corporation has been approved by the state board of finance for employment as investment counsel.]
4. The expense of such employment shall be paid out of the public employees retirement fund.
5. [All investments made by the board and any investment program undertaken by the board shall be subject to review by the state board of finance each quarter. If after such review, the state board of finance finds that the investment policies pursued by the board are not in the best interests of the system or the state, the state board of finance may require the board to discharge any investment counsel employed by it.
6. With the approval and consent of the state treasurer, the] The board may designate the bank or banks which may have the physical custody and control of the various investments authorized in NRS 286.690 to 286.800, inclusive. [The physical custody and control of securities held for the public employees retirement fund shall be, at the discretion of the state treasurer, entrusted to the custodian bank or exercised by the state treasurer.] All costs incurred for the services of a custodian bank shall be paid out of the public employees retirement fund.
[7.] 6. The board may accept due bills from brokers upon delivery of warrants if the certificates representing such investments are not readily available.
Sec. 13. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 18, inclusive, of this act.
Sec. 14. 1. The board shall be guided in its investment functions under the provisions of this chapter by the investment committee.
2. This committee shall be composed of 4 persons:
(a) The executive officer.
(b) An investment counselor to be selected by the board and who is not otherwise affiliated with or retained by the board.
(c) Two members of the board to be selected by the board.
Sec. 15. 1. When necessarily absent from home attending to the business of the system, the members of the investment committee shall receive their actual and necessary traveling expenses and other expenses within the limit fixed by law.
2. Members of the investment committee who are not participating members of the system shall receive additional compensation of $40 per day for attendance at meetings.
3. Reimbursement for expenses shall be paid from the public employees retirement administrative fund.
κ1973 Statutes of Nevada, Page 859 (CHAPTER 542, SB 161)κ
Sec. 16. 1. The investment committee shall meet at least once a month.
2. The executive officer shall serve as chairman of the committee.
Sec. 17. The investment committee shall, at each of its meetings:
1. Review the investment portfolio of the system.
2. Determine recommended portfolio changes, if any, resulting from changes in investment market conditions.
3. Take whatever action seems appropriate in supervising and coordinating the efforts of investment counsel.
4. Acknowledge and cause to be processed investment suggestions forwarded to it by members of the system.
5. Provide for investment practice explanations to all members of the system when such explanations seem appropriate.
Sec. 18. 1. The chief of the budget division of the department of administration shall advise the governor in the discharge of his responsibility for reviewing the systems administrative policies and performance standards under this chapter.
2. None of the provisions of the State Budget Act, except subsection 3 of NRS 353.210, apply to the system.
3. The board shall submit its budget to the legislature in such form as shall be prescribed by the legislative commission.
Sec. 19. NRS 353.210 is hereby amended to read as follows:
353.210 1. [On] Except as provided in subsection 3, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state funds, fees or other moneys under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The chief shall direct that one copy of the completed forms be delivered directly to the fiscal analyst on or before September 1 of each even-numbered year.
2. The expenditure estimates shall be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. If any department, institution or other agency of the executive department of the state government, whether its funds be derived from state funds or from other moneys collected under the authority of the state, shall fail or neglect to submit estimates of its expenditure requirements as herein provided, the chief shall have power and authority, from any data at hand in his office or which, in his discretion, he may examine or obtain elsewhere, to make and enter an arbitrary budget for such department, institution or agency in accordance with such data as he may have at hand or obtain.
3. Agencies, bureaus, commissions and officers of the legislative department, the public employees retirement system and the judicial department of the state government shall, at the request of the chief, submit to him for his information in preparing the executive budget the budgets which they propose to submit to the legislature.
κ1973 Statutes of Nevada, Page 860 (CHAPTER 542, SB 161)κ
department, the public employees retirement system and the judicial department of the state government shall, at the request of the chief, submit to him for his information in preparing the executive budget the budgets which they propose to submit to the legislature.
Sec. 20. NRS 353.246 is hereby amended to read as follows:
353.246 Except as provided in subsection 3 of NRS 353.210, the provisions of NRS 353.150 to 353.245, inclusive, do not apply to agencies, bureaus, commissions and officers of the legislative department, the public employees retirement system and the judicial [departments] department of the state government. They shall submit their budgets to the legislature in such form as shall be prescribed by the legislative commission.
Sec. 21. 1. The executive secretary, heretofore responsible under the provisions of chapter 286 of NRS for the administration of the public employees retirement system, shall serve as executive officer under this chapter until January 1, 1974, or until such time as an executive officer can be recruited and hired by the board, whichever occurs first.
2. Thereafter, the executive secretary shall serve as an assistant to the executive officer at a salary to be fixed by the board in accordance with the pay plan of the state adopted pursuant to the provisions of chapter 284 of NRS.
3. The assistant executive secretary, heretofore recognized and acting under the provisions of chapter 286 of NRS, shall serve in such capacity as may be determined by the board. His salary shall be fixed by the board in accordance with the pay plan of the state adopted pursuant to the provisions of chapter 284 of NRS.
________
Senate Bill No. 274Senator Monroe
CHAPTER 543
AN ACT relating to the practice of osteopathic medicine, surgery and obstetrics; providing for the employment and supervision of osteopathic physicians assistants with the approval of the board of osteopathy of the State of Nevada; providing a penalty; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. The legislature finds that many communities in the State of Nevada are without the services of a physician or an osteopathic physician and that the supply of physicians and osteopathic physicians in many rural areas of the state is inadequate to meet the reasonably anticipated and the actual health requirements of the residents of such communities and areas.
κ1973 Statutes of Nevada, Page 861 (CHAPTER 543, SB 274)κ
2. The purpose of sections 2 to 7, inclusive, of this act is to promote a more comprehensive application of the skills of osteopathic physicians in this state by enabling them to delegate certain of their health care responsibilities to qualified osteopathic physicians assistants under professionally approved circumstances and in keeping with board standards. Sec. 3. As used in this chapter, unless the context requires otherwise:
1. Employing osteopathic physician means an osteopathic physician licensed in this state who employs and supervises an osteopathic physicians assistant with board approval.
2. Osteopathic physicians assistant means a person who is a graduate of a board-approved program of health care training and who is approved by the board to perform medical services under the supervision of an employing osteopathic physician.
Sec. 4. An osteopathic physicians assistant may perform such medical services as the board has authorized, if such services are performed under the supervision of an employing osteopathic physician. The services authorized shall be in conjunction with the practice of osteopathic medicine, surgery and obstetrics and shall not include services in conjunction with the practice of dentistry as defined by NRS 631.090, any acts associated with practice in optometry as set forth in NRS 636.025 or any services associated with other health care professions licensed in Nevada or the business of selling and fitting hearing aids.
Sec. 5. 1. The board shall issue certificates of approval for programs of health care training for osteopathic physicians assistants, if such programs meet board standards.
2. In developing criteria for program approval the board shall give consideration to and encourage the utilization of equivalency and proficiency testing and other means whereby full credit is given to persons in training for past education and experience in health fields.
3. The board shall adopt and publish standards to insure that such programs operate in a manner which does not endanger the health and welfare of the patients who receive services within the scope of the programs.
4. The board shall, from time to time, review the quality of the curriculum, faculty and facilities of such programs to assure that standards prerequisite to its approval continue to be met.
5. The board shall not give preference to residents of Nevada nor to health care training programs conducted in Nevada in approving the employment of osteopathic physicians assistants.
Sec. 6. 1. The board shall establish guidelines for the consideration of applications by osteopathic physicians licensed in this state to employ osteopathic physicians assistants.
2. Applications shall be made by osteopathic physicians and may not be made by the person proposed by the osteopathic physician to be employed as an osteopathic physicians assistant.
3. Each application made to the board shall include information showing:
(a) The qualifications, including related experience, possessed by the proposed osteopathic physicians assistant.
(b) The professional background and specialty of the applying osteopathic physician or physicians.
κ1973 Statutes of Nevada, Page 862 (CHAPTER 543, SB 274)κ
(c) A description by the osteopathic physician of his practice and the way in which such assistant is to be employed and supervised.
Sec. 7. The board shall approve an application by an osteopathic physician licensed in this state to employ and supervise an osteopathic physicians assistant when the board finds that the proposed assistant is a graduate of an approved program and is fully qualified by reason of experience and education to perform medical services under the supervision of such physician.
Sec. 8. NRS 633.050 is hereby amended to read as follows:
633.050 1. It [shall be] is unlawful for any person to practice medicine as an osteopathic physician or osteopathic physician and surgeon in this state without a license issued by the board.
2. This section does not prevent the employment of or the performance of services by an osteopathic physicians assistant, in accordance with the provisions of this chapter, who meets the qualifications prescribed in this chapter for such assistants.
Sec. 9. NRS 633.150 is hereby amended to read as follows:
633.150 1. The practice of medicine and surgery by persons authorized under the laws of this state to practice medicine and surgery shall in no way be affected by the provisions of this chapter.
2. The employment of or the performance of services by physicians assistants shall in no way be affected by the provisions of this chapter.
________
Senate Bill No. 320Senators Gibson, Lamb and Brown
CHAPTER 544
AN ACT relating to the state flood control and disaster relief fund; relieving the Overton water district and the Moapa valley water company of the duty to repay $50,000 borrowed from such fund; making an appropriation; and providing other matters properly relating thereto.
[Approved April 25, 1973]
Whereas, In 1961 the 51st session of the legislature created the state flood repair and disaster relief fund for the purpose of providing a source of money for the repair of damage to water distribution systems within this state when such damage is caused by flood or natural disaster; and
Whereas, In 1963 the 52nd session of the legislature recognized the financial plight of the water distribution systems within this state and the tremendous public service which such distribution systems provide and therefore extended the time for repayment of moneys borrowed from the state flood repair and disaster relief fund from 10 years to 20 years; and
Whereas, In June 1963 the director of the bureau of environmental health of the state department of health determined that the Overton-Moapa valley water system pipelines were severely damaged by flood, exposure and other acts of God and that such damage resulted in a serious emergency water shortage and a serious health problem; and
Whereas, Pursuant to NRS 543.150 the Overton water district and the Moapa valley water company qualified for a loan from the state flood repair and disaster relief fund by reason of the determination of the director of the bureau of environmental health; and
κ1973 Statutes of Nevada, Page 863 (CHAPTER 544, SB 320)κ
the Moapa valley water company qualified for a loan from the state flood repair and disaster relief fund by reason of the determination of the director of the bureau of environmental health; and
Whereas, On July 8, 1963, the state department of conservation and natural resources as the state agency responsible for administration of the state flood repair and disaster relief fund, the Overton water district as grantee, and the Moapa valley water company as a guarantor, entered into a loan agreement whereby the entire $50,000 which was appropriated by the legislature in 1961 was made available, interest free, to the Overton-Moapa valley water system; and
Whereas, The terms of the loan agreement provided for repayment in 15 equal annual installments beginning 5 years after the date of the loan; and
Whereas, Additional hardships including lack of revenue customers and continued high operating costs have made it impossible for the borrowers to meet the terms of the loan repayment; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby declared, as a matter of legislative determination, that:
1. The emergency situation endangering the health and welfare of the citizens in the area served by the Overton-Moapa valley water system continues and is aggravated by an ever-growing population in the area; and
2. There is an existing and urgent need to expand the facilities of the Overton-Moapa valley water system, but the system is unable to fulfill the need by reason of its lack of resources and by reason of its inability to secure additional federal funding because of its outstanding obligation to the state.
Sec. 2. The Overton water district as grantee and the Moapa valley water company as guarantor are hereby released from all obligation under that certain agreement executed by them in such respective capacities on July 8, 1963, with the state department of conservation and natural resources as loan agent and grantor.
Sec. 3. There is hereby appropriated from the general fund in the state treasury to the state flood repair and disaster relief fund the sum of $50,000.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 864κ
Senate Bill No. 372Senator Pozzi
CHAPTER 545
AN ACT relating to vehicle license plates; enlarging the permitted series of code letters; providing separately for motorcycles; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.270 is hereby amended to read as follows:
482.270 1. The director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. [, the same to be alternated one upon the background and the other upon the letters and numbers in alternate issues of license plates.] The director may, in his discretion, substitute white in place of silver when no suitable material is available.
2. The director may determine and vary the size, shape and form and the material of which license plates shall be made, but each license plate shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight. [Effective upon the issue of all license plates after January 1, 1967, all] All license plates shall be so treated as to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, shall be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
3. Every license plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, and the name of the state, which may be abbreviated, and:
(a) If issued for a calendar year, such year.
(b) If issued for a registration period other than a calendar year, the month and year such registration expires.
4. The registration numbers assigned to passenger cars shall be coded for Carson City and the several counties and consecutively numbered. The code letters shall be at the left of the number plate, as follows:
Carson City, OR or ORA to ORZ, inclusive [;] , and when exhausted OAA to OZZ, inclusive, except the series ORA to ORZ;
Churchill, CH or CHA to CHZ, inclusive [;] , and when exhausted FAA to FZZ, inclusive;
Clark, C or CA to CZ, inclusive, or CAA to CZZ, inclusive;
Douglas, DS or DSA to DSZ, inclusive;
Elko, EL or ELA to ELZ, inclusive [;] , and when exhausted EAA to EZZ, inclusive, except the respective series ELA to ELZ, ESA to ESZ and EUA to EUZ;
Esmeralda, ES or ESA to ESZ, inclusive;
Eureka, EU or EUA to EUZ, inclusive;
Humboldt, HU or HUA to HUZ, inclusive;
Lander, LA or LAA to LAZ, inclusive;
Lincoln, LN or LNA to LNZ, inclusive;
κ1973 Statutes of Nevada, Page 865 (CHAPTER 545, SB 372)κ
Lyon, LY or LYA to LYZ, inclusive;
Mineral, MN or MNA to MNZ, inclusive;
Nye, NY or NYA to NYZ, inclusive [;] , and when exhausted NAA to NZZ, inclusive, except the series NYA to NYZ;
Pershing, PE or PEA to PEZ, inclusive;
Storey, ST or STA to STZ, inclusive;
Washoe, W or WAA to WZZ, inclusive; and
White Pine, WP or WPA to WPZ, inclusive [.] , and when exhausted ZAA to ZZZ, inclusive.
Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles and motorcycles, as may be determined; but the letters I and Q shall not be used for any vehicle. Following the county code, or special prefix letter, a series of five or fewer numerals, commencing with 1 to 99,999, shall be used for Carson City and each county as the need may be. The letters H, I, O, P, Q and U shall not be used as the second letter in Clark and Washoe counties.
5. The director shall first exhaust the code letters containing the fewest letters before assigning any additional letter.
6. No number plates may contain more than six letters and numbers in combination.
7. All letters and numbers shall be of the same size.
8. The director may omit letters added to a single- or double-letter county code when appropriate to avoid misleading or offensive combinations.
Sec. 2. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each license plate for a motorcycle shall contain five numbers and no letters. Only one plate shall be issued for a motorcycle.
2. Motorcycle license plates shall be issued in consecutive numerical order for statewide distribution.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 434Senator Wilson
CHAPTER 546
AN ACT relating to appropriation of water; expanding the state engineers authority to prohibit the export of water or energy generated therefrom out of state; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 533.370 is hereby amended to read as follows:
533.370 1. [The] Except as provided in subsection 2, the state engineer shall approve all applications made in proper form where all fees, as provided in this chapter, have been paid which contemplate the application of water to beneficial use, and where the proposed use or change does not tend to impair the value of existing rights, or to be otherwise detrimental to the public welfare.
κ1973 Statutes of Nevada, Page 866 (CHAPTER 546, SB 434)κ
fees, as provided in this chapter, have been paid which contemplate the application of water to beneficial use, and where the proposed use or change does not tend to impair the value of existing rights, or to be otherwise detrimental to the public welfare.
2. Based upon the public interest and the economic welfare of the State of Nevada, the state engineer may in his discretion approve or disapprove any application of water to beneficial use or any application which contemplates a change in the place or beneficial use of water to a use involving the industrial purpose of generating energy to be exported out of this state.
3. The state engineer shall either approve or reject each application within 1 year from the final date for filing protest; but:
(a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of a protested application, by both the protestant and the applicant; and
(b) In areas where water supply studies are being made or where court actions are pending, the state engineer may withhold action until such time as it is determined there is unappropriated water or the court action becomes final.
[2.] 4. Where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for.
[3.] 5. The refusal or approval of an application shall be endorsed on a copy of the original application, and a record made of such endorsement in the records of the office of the state engineer. The copy of the application so endorsed shall be returned to the applicant. If the application is approved, the applicant shall be authorized, on receipt thereof, to proceed with the construction of the necessary works and to take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is refused, the applicant shall take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as such refusal shall continue in force.
[4.] 6. Anything in this chapter to the contrary notwithstanding, the state engineer shall not approve any application nor issue any permit to appropriate the waters of the Colorado River, which waters are held in trust by the Colorado River commission of Nevada pursuant to NRS 538.170, except after approval of such application by the Colorado River commission of Nevada. The commission and the state engineer are authorized to adopt such joint regulations as may be necessary for the purpose of carrying out the provisions of this subsection.
________
κ1973 Statutes of Nevada, Page 867κ
Senate Bill No. 435Senator Walker
CHAPTER 547
AN ACT relating to welfare administration; clarifying the responsibility between the department of health, welfare and rehabilitation and the welfare division relating to federal programs; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 422.270 is hereby amended to read as follows:
422.270 1. The [director, through the welfare division,] department shall:
[1.] (a) Administer all public welfare programs of the state, including old-age assistance, blind assistance, aid to dependent children, general assistance, child welfare services, and such other welfare activities and services as now are or hereafter may be authorized or provided for by the laws of this state. [and vested in the welfare division.]
[2.] (b) Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state to aid in the furtherance of any services and activities as set forth in [subsection 1] paragraph (a).
[3. Make rules and regulations for the administration of this chapter which shall be binding upon all recipients and local units.
4. Monitor, explore and research the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting such needs, employing or contracting for such personnel and services as may be provided through legislative appropriations from the general fund or may become available through legislatively authorized or new funds from federal or other sources.]
[5.] (c) Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of such methods of administration as may be found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious utilization of new federal grants which will assist the [division] department to fulfill the terms of this chapter.
2. The department through the welfare division shall:
(a) Make rules and regulations for the administration of this chapter which shall be binding upon all recipients and local units.
(b) Monitor, explore and research the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting such needs, employing or contracting for such personnel and services as may be provided through legislative appropriations from the general fund or may become available through legislatively authorized or new funds from federal or other sources.
[6.] (c) Make all investigations required by a court in adoption proceedings as provided by law.
[7.] (d) Establish reasonable minimum standards and regulations for foster homes, and shall license the same as provided by law.
κ1973 Statutes of Nevada, Page 868 (CHAPTER 547, SB 435)κ
[8.] (e) Provide services and care to children, shall receive any child for placement, and shall provide for their care directly or through agents.
[9. Cooperate and advise with the state welfare board and the superintendent of the Nevada state childrens home in such matters as may be referred to the welfare division by the state welfare board or the superintendent of the Nevada state childrens home.
10.] (f) Have the power to enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care.
________
Senate Bill No. 462Senator Monroe
CHAPTER 548
AN ACT relating to mining claims; permitting recordation of maps properly drawn by locators; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 255.110 is hereby amended to read as follows:
255.110 1. The county surveyor shall:
(a) Keep a correct and fair record of all surveys made by him in his official capacity, or by his deputies acting in his stead, in the form of original field notes in field books to be provided by the county for that purpose.
(b) Number such surveys progressively.
(c) Make and preserve a fair and accurate record map of each survey, drawn in waterproof ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, endorsing thereon its proper number and his official certificate of survey.
(d) Obtain maps of mining claims, mill sites and tunnel rights filed with the county recorder and prepare a county mining claim map which shall accurately reflect the location of all such claims. A county surveyor shall not refuse to accept a map submitted by the locator of the mine, nor shall he prepare a map in lieu of one submitted by the locator, unless he can affirmatively show that the map submitted does not accurately reflect the location of all of the claims.
2. All records of surveys required by this chapter shall be transmitted by him to his successor in office.
3. Field notes and record maps shall be available for purposes of copying the same to any person requiring the same.
Sec. 2. NRS 517.040 is hereby amended to read as follows:
517.040 Within 90 days of the date of posting the location notice, the locator of a lode mining claim shall perform the following:
1. In addition to defining the boundaries of the claim as set forth in subsection 1 of NRS 517.030, the locator of a mining claim shall prepare two copies of a map of the claim which shall be of a scale of not less than 500 feet to the inch, and which shall set forth the position of the claim boundary monuments in relation to each other and establish numbers of the claim boundary monuments.
κ1973 Statutes of Nevada, Page 869 (CHAPTER 548, SB 462)κ
less than 500 feet to the inch, and which shall set forth the position of the claim boundary monuments in relation to each other and establish numbers of the claim boundary monuments. Where the land has been surveyed by the United States, such description shall be connected by courses and distances to an official corner of the public land survey. Where the land has not been surveyed by the United States or where such official corners cannot be found through the exercise of due diligence, such description shall be tied by courses and distance to a claim location marker. The claim location marker shall be constructed at some prominent point visible from at least one claim corner. The claim marker site shall be chosen so that it will not be endangered by snow, rock or landslides, or other natural causes. Only one mineral claim marker is required of each contiguous group of claims. The claim marker shall be constructed in one of the following ways:
(a) If constructed of rock, it shall be 4 feet in diameter at its base and at least 4 feet in height, constructed upon bedrock wherever possible.
(b) A steel post or pipe at least 3 inches in diameter or thickness shall be set in the ground. After setting, the top of the post shall be 5 feet above the level of the terrain surrounding the base.
The description shall also state the township and range, and where the lands are surveyed lands, the section in which the mineral marker and the mining claim is situated. The locator need not employ a professional surveyor or engineer, but each locator shall prepare a map which is in accordance with his abilities to map and properly set forth the boundaries and location of his claim.
2. File the map with the county recorder in the county in which the claim is located together with a filing fee of $15 for each claim. The entire filing fee shall be utilized by the county to establish and maintain a county mining claim map that shall accurately record the location of all mining claims filed after July 1, 1971, which shall be a public record as provided in chapter 239 of NRS. The county recorder shall not refuse to accept a map submitted by the locator unless he can affirmatively show that the map submitted does not accurately reflect the location of all the claims.
3. The county recorder shall send one copy of the map and one copy of the location certificate to the county surveyor as soon as practicable after its receipt.
________
κ1973 Statutes of Nevada, Page 870κ
Assembly Bill No. 427Messrs. Crawford, Bennett, Mesdames Gojack and Ford
CHAPTER 549
AN ACT relating to registration of electors; removing the requirement to cancel the registration of certain voters who vote by absent ballot; providing a procedure to reregister by mail; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.500 is hereby amended to read as follows:
293.500 Except as provided in NRS 293.313, [and 293.545,] if a person removes to another state, territory or foreign country, with the intention of residing there for an indefinite time, he thereby loses his residence in this state for election purposes, notwithstanding that he may intend to return at some uncertain future date, and an occasional return to the place of his former residence in this state, regardless of the reason, shall not be sufficient to preserve his residence.
Sec. 2. NRS 293.545 is hereby amended to read as follows:
293.545 1. Immediately after the county commissioners of a county canvass the general election vote, the county clerk shall compare his register for each precinct or district in the county with the list of registered voters who voted at such election in each precinct or district as shown by the pollbook or roster returned by the precinct or district election board to the county clerk, and he shall remove from the county clerks register and from the election board register the affidavits of registration of all electors who have failed to vote at such election.
2. [The county clerk shall remove from the county clerks register and election board register the affidavits of registration of voters who voted by absent ballot at the two last preceding general elections.] If the affidavit of registration of an elector is cancelled pursuant to the provisions of subsection 1, the registrar of voters may mail a post card containing a form for an affidavit of registration to the last-known address of such elector whereby such elector may reregister by completing the post card and mailing it back to the registrar of voters.
3. An absent voter whose ballot is voted and mailed on or before the date of the general election but which arrives too late to be cast and counted shall not be considered as having failed to vote under [subsections 1 and 2.] subsection 1.
Sec. 3. Section 4 of Assembly Bill 316 of the 57th session of the legislature is hereby amended to read as follows:
Sec. 4. NRS 293.545 is hereby amended to read as follows:
293.545 1. Immediately after the county commissioners of a county canvass the general election vote, the county clerk shall compare [his register] the registrar of voters register for each precinct or district in the county with the list of registered voters who voted at such election in each precinct or district as shown by the pollbook or roster returned by the precinct or district election board to the county clerk, and he shall remove from the [county clerks register] registrar of voters register and from the election board register the affidavits of registration of all electors who have failed to vote at such election.
κ1973 Statutes of Nevada, Page 871 (CHAPTER 549, AB 427)κ
2. If the affidavit of registration of an elector is cancelled pursuant to the provisions of subsection 1, the registrar of voters may mail a post card containing a form for an affidavit of registration to the last-known address of such elector whereby such elector may reregister by completing the post card and mailing it back to the registrar of voters.
3. An absent voter whose ballot is voted and mailed on or before the date of the general election but which arrives too late to be cast and counted shall not be considered as having failed to vote under subsection 1.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 396Committeee on Elections
CHAPTER 550
AN ACT relating to election laws; to increase penalties for certain violations from a misdemeanor to a gross misdemeanor.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.587 is hereby amended to read as follows:
293.587 Any officer in whose office any nomination paper has been filed, who shall wrongfully suppress, neglect or fail to cause the proper filing thereof at the proper time and the proper place, is guilty of a gross misdemeanor.
Sec. 2. NRS 293.590 is hereby amended to read as follows:
293.590 1. No person may:
(a) Loiter in any polling place so as to interfere with the conduct of the election.
(b) Except an election board officer, receive from any voter a ballot prepared by such voter.
(c) Remove a ballot from any polling place before the closing of the polls.
(d) Apply for or receive a ballot at any election precinct or district other than the one at which he is entitled to vote.
(e) Show his ballot to any person, after marking it, so as to reveal any of the names voted for.
(f) Within 100 feet of the polling place, ask another person for whom he intends to vote.
2. No voter may:
(a) Receive a ballot from any person other than an election board officer, nor may any person other than an election board officer deliver a ballot to a voter.
(b) Deliver to an election board or to any member thereof any ballot other than the one received.
(c) Place any mark upon his ballot by which it may afterward be identified as the one voted by him.
κ1973 Statutes of Nevada, Page 872 (CHAPTER 550, AB 396)κ
3. Any person who violates any provision of this section is guilty of a gross misdemeanor.
Sec. 3. NRS 293.592 is hereby amended to read as follows:
293.592 It is unlawful within 100 feet of the entrance from the public thoroughfare to any polling place, marked as such entrance:
1. For any person to solicit a vote or speak to a voter on the subject of marking his ballot.
2. For any person, including an election board officer, to do any electioneering on election day.
3. Any person who violates any provision of this section is guilty of gross misdemeanor.
Sec. 4. NRS 293.593 is hereby amended to read as follows:
293.593 Any person who, during an election, removes or destroys any of the supplies or equipment placed in the booths or compartments, or removes or defaces the cards of instruction posted as prescribed by this chapter, is guilty of a gross misdemeanor.
Sec. 5. NRS 293.594 is hereby amended to read as follows:
293.594 Any person who, prior to the expiration of 48 hours following the closing of the polls, alters, defaces, removes or destroys the copy of the results of votes cast posted outside a polling place is guilty of a gross misdemeanor. Notice of such penalty shall be printed on the copy posted.
Sec. 6. NRS 293.595 is hereby amended to read as follows:
293.595 Every person who, after being sworn by an election board, refuses to answer any relevant question propounded by such board concerning the right of any other person to vote is guilty of a gross misdemeanor.
Sec. 7. NRS 293.597 is hereby amended to read as follows:
293.597 If any person applying to vote at any election is challenged by an election board officer or a registered voter, an oath shall be administered to such person by one of the election board officers that he will answer truthfully all questions concerning his right to vote at such election, and, if it appears that he is not a registered voter under the provisions of this chapter, shall be denied a ballot. If any person whose vote has been rejected offers to vote at the same election, at any polling place other than the one in which he is registered to vote, he is guilty of a gross misdemeanor.
Sec. 8. NRS 293.600 is hereby amended to read as follows:
293.600 1. Any person who, either for himself or another, willfully gives a false answer or answers to questions propounded to him by the registrar or deputy registrar relating to the information called for by the affidavit of registration, or who willfully falsifies his registration affidavit in any particular, or who violates any of the provisions of the election laws of this state, or knowingly encourages another to violate such laws is guilty of a gross misdemeanor.
2. Any public officer or other person, upon whom any duty is imposed by this Title, who willfully neglects such duty, or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this state, is, except where some other penalty is provided, guilty of a gross misdemeanor.
κ1973 Statutes of Nevada, Page 873 (CHAPTER 550, AB 396)κ
3. If such person is a public officer, his office is forfeited upon conviction of any offense provided for in subsection 2.
4. Any person who causes or endeavors to cause his name to be registered, knowing that he is not an elector or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he causes or endeavors to cause such registration to be made, and any other person who induces, aids, or abets any such person in the commission of either of such acts is guilty of a gross misdemeanor.
Sec. 9. NRS 293.602 is hereby amended to read as follows:
293.602 1. It is unlawful for any person or persons to solicit any funds, fees, dues or other moneys for any organization the title of which incorporates the name, or any form of the name, of any political party in the State of Nevada, as defined in NRS 293.073, without first having obtained written approval therefor, or a charter for such organization, from the central committee of the political party the name of which is being used or incorporated in the title of such organization for the county in which such funds are being solicited.
2. Nothing in this section requires any person or organization to obtain such a charter or written approval if such person or organization is:
(a) Publicly organized for the sole and limited purpose of supporting the candidacy of a particular candidate in a single election.
(b) Chartered by a national political party or organization.
(c) Chartered by a state central committee in Nevada.
3. Any person who violates any provision of this section is guilty of a gross misdemeanor.
Sec. 10. NRS 293.603 is hereby amended to read as follows:
293.603 Any person who makes, offers or accepts any bet or wager upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast, either in the aggregate or for any particular candidate, or upon the vote to be cast by any person, is guilty of a gross misdemeanor.
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Assembly Bill No. 321Committee on Agriculture
CHAPTER 551
AN ACT to amend NRS 564.055, relating to the recording of cattle brands, by restricting the positioning of brands; and deleting prohibition against recording brands of like design.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 564.055 is hereby amended to read as follows:
564.055 1. Brands for cattle shall be recorded for use in [the following positions only:] only two of the following positions:
(a) The hip on the right-hand side;
κ1973 Statutes of Nevada, Page 874 (CHAPTER 551, AB 321)κ
(b) The hip on the left-hand side;
(c) The shoulder on the right-hand side;
(d) The shoulder on the left-hand side;
(e) The rib cage on the right-hand side; or
(f) The rib cage on the left-hand side.
2. [After July 1, 1967, no new brands of like design shall be recorded.
3.] Nothing in this section shall be construed to preclude the use of date brands.
________
Assembly Bill No. 247Mr. Banner
CHAPTER 552
AN ACT relating to employment on public works; providing that applicable wage rates be in accordance with jurisdictional classes in the locality where work is performed; requiring the labor commissioner to enforce certain provisions of public works labor law; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The labor commissioner shall enforce the provisions of NRS 338.010 to 338.130, inclusive. When informed of violations thereof he shall report such violations to the district attorney of the county in which such violations occurred. 2. The district attorney shall prosecute the violator in accordance with law.
Sec. 2. NRS 338.020 is hereby amended to read as follows:
338.020 1. Every contract to which a public body of this state is a party, requiring the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor in the performance of public work, shall contain in express terms the hourly and daily rate of wages to be paid each of the classes of mechanics and workmen. The hourly and daily rate of wages shall not be less than the rate of such wages then prevailing in the county, city, town, village or district in this state in which the public work is located, which prevailing rate of wages shall have been determined in the manner provided in NRS 338.030.
2. When public work is performed by day labor, the prevailing wage for each class of mechanics and workmen so employed shall apply and shall be stated clearly to such mechanics and workmen when employed.
3. The prevailing wage so paid to each class of mechanics or workmen shall be in accordance with the jurisdictional classes recognized in the locality where the work is performed.
4. Nothing in this section shall prevent an employer who is signatory to a collective bargaining agreement from assigning such work in accordance with established practice.
κ1973 Statutes of Nevada, Page 875 (CHAPTER 552, AB 247)κ
to a collective bargaining agreement from assigning such work in accordance with established practice.
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Assembly Bill No. 142Committee on Government Affairs
CHAPTER 553
AN ACT to amend an act entitled An Act incorporating the City of Reno, in Washoe County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved May 6, 1971, as amended.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1.050 of Article I of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1963, is hereby amended to read as follows:
Section 1.050 Wards: Creation; boundaries.
1. The city shall be divided into five wards, which shall be as nearly equal in registered voters as can be conveniently provided. The territory comprising each ward shall be contiguous, except that if any territory of the city which is not contiguous to the remainder of the city does not contain sufficient population to constitute a separate ward, it may be placed in any ward of the city.
2. The boundaries of wards shall be established and changed by ordinance, passed by a vote of at least five-sevenths of the city council. The boundaries of wards shall be changed [whenever the number of registered voters at the time of any municipal election in any ward exceeds the number of registered voters in any other ward by more than 15 percent.] on the second Monday in January preceding any regular municipal election whenever, at the close of registration prior to each general state election held in even-numbered years, the number of registered voters in any ward shall exceed the number of registered voters in any other ward by more than 5 percent.
3. Ordinances establishing or changing the boundaries of wards shall not be passed or amended until the county clerk of Washoe County certifies that the number of registered voters in each proposed ward will not exceed the number of registered voters in any other ward by [more than 15 percent.] more than 5 percent.
Sec. 1.5. Section 1.050 of Article I of the charter of the city of Reno, being chapter 662, Statutes of Nevada 1971, at page 1963, is hereby amended to read as follows:
Section 1.050 Wards: Creation; boundaries.
1. The city shall be divided into seven wards, which shall be as nearly equal in registered voters as can be conveniently provided. The territory comprising each ward shall be contiguous, except that if any territory of the city which is not contiguous to the remainder of the city does not contain sufficient population to constitute a separate ward, it may be placed in any ward of the city.
κ1973 Statutes of Nevada, Page 876 (CHAPTER 553, AB 142)κ
the city which is not contiguous to the remainder of the city does not contain sufficient population to constitute a separate ward, it may be placed in any ward of the city.
2. The boundaries of wards shall be established and changed by ordinance, passed by a vote of at least five-sevenths of the city council. The boundaries of wards shall be changed [whenever the number of registered voters, as determined at the close of registration prior to each general state election, in any ward exceeds the number of registered voters in any other ward by more than 5 percent.] on the second Monday in January preceding any regular municipal election whenever, at the close of registration prior to each general state election held in even-numbered years, the number of registered voters in any ward shall exceed the number of registered voters in any other ward by more than 5 percent.
Sec. 1.7. Section 1.060 of Article I of the charter of the city of Reno, being chapter 662, Statutes of Nevada 1971, at page 1963, is hereby amended to read as follows:
Sec. 1.060 Elective offices.
1. The elective officers of the city consist of:
(a) Seven councilmen.
(b) One municipal judge [.] , except the city council may provide for a second municipal judge in accordance with the provisions of section 4.010.
(c) A city attorney.
2. Such officers shall be elected as provided by this charter.
Sec. 2. Section 1.090 of Article I of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1963, is hereby amended to read as follows:
Section 1.090 Appointive officers.
1. The city council shall provide for the appointment of a city manager to perform the duties outlined in section 3.020. A vacancy in the office of city manager shall be filled within 6 months.
2. The city council may establish such other appointive offices as it may deem necessary for the operation of the city by designating the position [in the salary ordinance.] and the qualifications therefor by ordinance. Appointment of such officers shall be made by the city manager and confirmed by the city council. Such appointive offices may include:
(a) [City controller.
(b) City engineer.
(c) Chief of police.
(d) Fire chief.
(e) Assistant city manager.
(f) Director of public works.
(g) Director of personnel and finance.
(h) Director of parks, recreation and public properties.
(i) Director of public safety.
(j) Chief license inspector.
(k) Airport manager.
(l) Building inspector chief.
(m) Superintendent of recreation.
(n) Superintendent of parks.
κ1973 Statutes of Nevada, Page 877 (CHAPTER 553, AB 142)κ
(o) Traffic engineer.
(p) Superintendent of sanitation.
(q) Superintendent of streets.
(r) Superintendent of sewers.
(s) Superintendent of city shops.
(t) Superintendent of sewer plant.
3. A city clerk shall be appointed by the city council.] Airport manager.
(b) Animal regulation officer.
(c) Assistant city manager.
(d) Chief building inspector.
(e) Chief license inspector.
(f) Chief of police.
(g) City controller.
(h) City engineer.
(i) Data processing director.
(j) Director of finance.
(k) Director of parks, recreation and public properties.
(l) Director of personnel.
(m) Director of public safety.
(n) Director of public works.
(o) Fire chief.
(p) Sign and paint superintendent.
(q) Signal and fire alarm superintendent.
(r) Superintendent of city shops.
(s) Superintendent of communications.
(t) Superintendent of parks.
(u) Superintendent of recreation.
(v) Superintendent of sanitation.
(w) Superintendent of sewer plant.
(x) Superintendent of sewers.
(y) Superintendent of streets.
(z) Traffic engineer.
3. A city clerk shall be appointed by the city council.
Sec. 3. Section 1.100 of Article I of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1964, is hereby amended to read as follows:
Section 1.100 Appointive officers: Miscellaneous provisions.
1. All appointive officers, except the city clerk and his deputy, shall perform such duties as may be designated by the city manager and such other duties as may be directed by the city council.
2. Any employee of the city holding a civil service rating under the city and who is appointed to any position provided for in section 1.090 shall not lose his civil service rating while serving in such position.
3. All appointive officers shall be entitled to all employment benefits to which civil service employees are entitled.
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.
κ1973 Statutes of Nevada, Page 878 (CHAPTER 553, AB 142)κ
Sec. 4. Section 2.070 of Article II of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1966, is hereby amended to read as follows:
Section 2.070 Oaths and affirmations. The mayor, assistant mayor while acting in the place of the mayor, each councilman and the city clerk may administer oaths and affirmations relating to any business pertaining to the city, before the city council or to be considered by the city council.
Sec. 5. Section 2.090 of Article II of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1967, is hereby amended to read as follows:
Section 2.090 Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. No ordinance may be passed except by bill and by a majority vote of the city council. The style of all ordinances shall be as follows: The City Council of the City of Reno [does] do ordain:.
2. No ordinance shall contain more than one subject, which shall be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.
3. Any ordinance which amends an existing ordinance shall set out in full the ordinance or sections thereof to be amended, and shall indicate matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.
Sec. 6. Section 2.140 of Article II of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1968, is hereby amended to read as follows:
Section 2.140 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. [No lease, where the term is for more than 1 year or where the rental exceeds $150 per month,] No lease, for a term more than 1 year or for a rental of $500 to $1,500, inclusive, per month may be made until such lease has been appraised by one qualified appraiser who is a resident and taxpayer within the city. No lease with a monthly rental in excess of $1,500, or sale of real property belonging to the city may be made until [after] such lease or sale has been appraised by three [disinterested] qualified appraisers who are residents and taxpayers within the city. Such appraisal must be at the actual market or rental value of the property. Such property shall not be sold or leased for less than 75 percent of such appraised value. However, any property belonging to the city may be sold to the United States of America, the State of Nevada or any political subdivision thereof at a nominal consideration whenever the public interest requires such a sale.
κ1973 Statutes of Nevada, Page 879 (CHAPTER 553, AB 142)κ
3. 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. 7. Section 2.170 of Article II of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1969, is hereby amended to read as follows:
Section 2.170 Powers of city council: Licensing, regulation and prohibition of businesses, trades and professions.
1. The city council may:
(a) Regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
(c) Fix, impose and collect penalties not to exceed 50 percent of the amount of such license tax, which shall become a part of the license tax and shall with such license tax be collected by the city clerk.
2. The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
Sec. 8. Section 2.250 of Article II of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1970, is hereby amended to read as follows:
Section 2.250 Powers of city council: Traffic control. The city council may, by ordinance, regulate:
1. All vehicular, rail, pedestrian and other traffic within the city and provide generally for the public safety on public streets and rights-of-way.
2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.
Sec. 9. Section 2.260 of Article II of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1970, is hereby amended to read as follows:
Section 2.260 Powers of city council: Public transportation. The city council may grant an exclusive franchise to any person, firm, association or corporation to operate and maintain a busline in the city. Such franchise may be granted only upon terms which are advantageous to the city. The city council may extend, prior to the expiration of such franchise, the duration or term of such franchise for such additional period and upon such terms as are deemed advantageous to the city, and fix, prescribe and change the fares to be charged by such franchise holder. The city council may expend public funds, upon such terms and conditions as it shall prescribe, to aid or assist the operator of such busline in accomplishing the purposes of such franchise.
Sec. 10. Section 2.300 of Article II of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1972, is hereby amended to read as follows:
Section 2.300 Powers of city council: Animals and poultry. The city council may:
1 Fix, impose and collect [an] annual license [fee] fees and penalties on all animals and provide for the capture and disposal of all animals on which the license [fee is] fees are not paid.
2. Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.
κ1973 Statutes of Nevada, Page 880 (CHAPTER 553, AB 142)κ
3. Establish a pound, appoint a poundkeeper and prescribe his duties.
4. Prohibit cruelty to animals.
Sec. 11. Section 2.310 of Article II of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1972, is hereby amended to read as follows:
Section 2.310 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 therefore either within or without the city.
2. Sell any product or byproduct thereof and acquire the appropriate outlets within or without the city and extend the sewerlines thereto.
3. Prescribe regulations concerning the discharge of any industrial waste into the sanitary sewer system of the city.
4. Establish sewer fees and penalties and provide for the enforcement and collection thereof.
Sec. 12. Article II of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1965, is hereby amended by adding thereto a new section to be designated as section 2.325, which shall immediately follow section 2.320 and shall read as follows:
Section 2.325 Powers of city council: Federal grants and loans. The city council may:
1. Accept from any federal agency grants for or in aid of the construction of any public works project.
2. Make contracts and execute instruments containing such terms, provisions and conditions as may be necessary or required to obtain grants or loans, or both, from any federal agency pursuant to any act of the Congress of the United States of America.
3. Subscribe to and comply with the terms of any such act and with the rules and regulations of any federal agency governing any such grant or loan, or both.
Sec. 13. Section 3.040 of Article III of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1974, is hereby amended to read as follows:
Section 3.040 City clerk: Duties; qualifications; salary.
1. The city clerk shall:
(a) Keep the corporate seal and all books and papers belonging to the city.
(b) Attend all meetings of the city council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the city council, the city clerk shall attest the journal after it has been signed by the mayor.
(c) Sign all warrants issued.
(d) Number and sign all licenses issued by the city. All licenses shall be in a form devised by the city clerk and approved by the city council.
(e) Enter upon the journal the result of the vote of the city council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
κ1973 Statutes of Nevada, Page 881 (CHAPTER 553, AB 142)κ
(f) Be the official [license collector of the city.] collector of all business license fees and penalties of the city; and all moneys making up the city revenues, except general taxes and special assessments, shall be paid over to him.
2. The city clerk shall:
(a) Serve for a term of 4 years.
(b) Be a bona fide resident of the city for at least 1 year immediately preceding his appointment.
(c) Be a registered voter and a taxpayer on real property in the city.
(d) Be at least 21 years of age.
3. The city clerk shall have custody of all the official records of the city. He shall be responsible to the city council for the proper discharge of his duties. His duties and salary shall be fixed by the city council and he shall be reimbursed for all expenses incurred in the performance of his duties.
4. The city clerk may, subject to the approval of the city council, appoint one chief deputy, who shall not be subject to the provisions of article IX of this charter. Such chief deputy shall be authorized and empowered to administer oaths.
Sec. 14. Section 3.060 of Article III of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1974, is hereby amended to read as follows:
Section 3.060 City attorney: Qualifications; duties; salary.
1. The city attorney shall be a duly licensed member of the State Bar of Nevada and a resident of the city and taxpayer on real property in the city at the time of his election. He shall hold office for the term of 4 years and until his successor shall be duly elected and qualified.
2. The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance. He shall be present at all meetings of the city council and shall be counsel for the civil service commission. He shall devote his full time to the duties of the office and shall not engage in the private practice of law.
3. The city attorney shall receive a salary as fixed by resolution of the city council.
4. The city attorney may appoint and remove such assistants as he may require in the discharge of the duties of his office. Such assistants shall not be civil service employees. The council may appropriate such funds as it may deem proper to compensate any such assistants.
Sec. 14.2. Section 4.010 of Article IV of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1976, is hereby amended to read as follows:
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. The municipal court may consist of two departments in the discretion of the city council. If the city council determines to create two departments, it shall do so by resolution and may appoint an additional municipal judge to serve until the next municipal election.
Sec. 14.4. Section 4.020 of Article IV of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1976, is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 882 (CHAPTER 553, AB 142)κ
chapter 662, Statutes of Nevada 1971, at page 1976, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Qualifications of municipal judge; salary.
1. The municipal court shall be presided over by a municipal judge, or judges as provided in section 4.010, who shall be:
(a) Not less than 25 years of age.
(b) A citizen of the United States.
(c) A resident of the city for a continuous 1-year period immediately preceding his election.
(d) A registered voter for a continuous 1-year period immediately preceding his election.
(e) An owner of real property in the city for a 1-year period immediately preceding his election.
(f) An attorney licensed to practice law in this state.
2. The municipal judge or judges shall not engage in the private practice of law.
3. The salary of the municipal judge or judges shall be fixed by resolution of the city council.
Sec. 14.6. Section 4.040 of Article IV of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1977 is hereby amended to read as follows:
Sec. 4.040 [Additional imprisonment to satisfy fine or forfeiture. Whenever a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, he shall be confined in the city or county jail, whichever is designated in his sentence of imprisonment, for an additional period of 1 day for each $4 of the amount until such fine or forfeiture is satisfied. He shall not be imprisoned beyond the maximum sentence for the offense for which he is confined.] Jurisdiction, additional judges, additional imprisonment to satisfy fine or forfeiture. The municipal judge shall have the powers and jurisdiction in said city as are provided by chapters 5 and 266 of NRS and the practice and proceedings in said court shall conform as nearly as practicable to that of justices courts in similar cases. The court shall have jurisdiction to hear, try and determine all cases, whether civil or criminal for the breach or violation of any city ordinance or any provision of this charter. Upon the written request of the city manager an additional temporary municipal judge may be provided for so long as the city council authorizes additional compensation for such judge. 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 the sentence of imprisonment, for an additional period of 1 day for every $4 of the amount until such fine or forfeiture is satisfied; or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender may if he desires, work on the streets or public works of the city at the rate of $8 for each day of the sentence which shall apply on such fine or consideration until the same is satisfied. He shall not be imprisoned beyond the maximum sentence for the offense for which he is confined.
Sec. 15. Section 9.010 of Article IX of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1982, is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 883 (CHAPTER 553, AB 142)κ
chapter 662, Statutes of Nevada 1971, at page 1982, is hereby amended to read as follows:
Section 9.010 Civil service. Objectives.
[1. There is hereby created a civil service system applicable to and for the purpose of governing the selection and appointment of all employees of the city except elected officials of the city, the city manager, the assistant city manager, the director of public works, the director of public safety, the director of personnel and finance, the director of parks, recreation and public properties, the secretary of the city manager, the city engineer, the chief of police, the chief of the fire department, the chief deputy in the office of the city clerk, all persons employed in the city health department, in the office of the city attorney, in the office of the civil service commission, the superintendent of parks, the superintendent of recreation, the chief of the building and safety inspectors office, the superintendent of the sanitation department, the city comptroller, the airport manager, the chief license inspector, employees at the Reno municipal airport, the traffic engineer and personnel employed on a part-time basis, or on a temporary basis not contemplated to exceed 6 months during any calendar year.
2. The civil service system shall be administered by a board composed of five persons appointed by the city council, no more than three of whom shall belong to the same political party. Such persons shall:
(a) Be residents of the city.
(b) Have no other connection with the city government.
(c) Hold no elective office.
(d) Serve for a 3-year term of office.
(e) Receive compensation as provided by city ordinance.
3. The city council shall provide for such employees as are necessary for the board properly to carry out the duties prescribed herein.
4. The civil service board shall, after public hearing, adopt or amend rules and regulations for the civil service system. Such rules and regulations shall provide for:
(a) Recruitment, examination, selection and promotion of city employees.
(b) Position classification.
(c) Appeal procedures for employee promotion, demotion, disciplinary and removal actions.
Nothing in these rules and regulations shall prevent the city manager, without appeal, from adjusting an employees salary within his salary range, depending upon the employees job performance.
5. From time to time, as requested and funded by the city council, the civil service board shall provide miscellaneous personnel services for the city such as, but not limited to, wage survey and position evaluation studies.] The purpose of this article is to provide the City of Reno with an efficient work force, with equity to all persons concerned. To attain this objective:
1. All appointments and promotions to positions in the civil service shall be made on the sole basis of merit and fitness, without regard to non-job-related considerations.
κ1973 Statutes of Nevada, Page 884 (CHAPTER 553, AB 142)κ
2. Career and promotional opportunities shall be readily available to employees.
3. A high level performance shall be required of employees to meet their obligations to the city administration, to the users of city services and to the taxpayers.
Sec. 16. Article IX of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1982, is hereby amended by adding thereto the following new sections to be designated as sections 9.020 to 9.290, inclusive, which shall immediately follow section 9.010 and shall read as follows:
Section 9.020 Civil service and exempt positions. There is hereby created a civil service system applicable to and for the purpose of governing the selection, appointment and promotion of all employees of the city except the following exempt positions: Elected officials of the city, city manager, secretary to the city manager, assistant city manager, city clerk, airports manager, animal control center supervisor, building superintendent, building inspection superintendent, chief license and sewer collections inspector, city engineer, communications superintendent, comptroller, data processing manager, equipment maintenance superintendent, finance director, fire chief, parks and recreation director, parks superintendent, personnel director, personnel officer, police chief, public safety director, public works director, recreation superintendent, sewage plant superintendent, sewer lines superintendent, sign and paint superintendent, streets superintendent, traffic safety engineer, traffic signal and fire alarm superintendent, persons employed in the office of the city attorney, persons employed by the city less than eighteen hours per week, the chief examiner of the civil service commission, persons employed in positions which are funded 50 percent or more by noncity funds, and persons employed in trainee positions on a limited-term basis; provided, however, that no employee of the City of Reno whose position has heretofore been within the civil service system shall by this enactment lose the rights or privileges held by him prior to the effective date of this article.
Section 9.030 Civil service commission. Appointment and compensation.
1. There shall be a civil service commission to implement the provisions of this article. The commission shall consist of five members appointed by the mayor with approval of the city council, no more than three of whom shall belong to the same political party.
2. Members shall:
(a) Be residents of the city.
(b) Have no other connection with the city government.
(c) Hold no elective office.
(d) Serve for terms of five years.
(e) Receive compensation as provided by city ordinance.
3. One term of office shall begin on the second Monday in July in each successive year. A member shall serve until his successor is appointed and qualified. A vacancy occurring during a term shall be filled by the mayor with the approval of the city council for the remainder of that term.
κ1973 Statutes of Nevada, Page 885 (CHAPTER 553, AB 142)κ
Section 9.040 Commission meetings. The commission shall provide by rule for the holding of not less than one regular meeting per month, for special meetings as needed, for the election of one member as chairman, for the election of one member or appointment of a nonmember as secretary, for public announcement of the time and place of meetings, and for meetings to be open to the public except as provided for by commission rule.
Section 9.050 Authority of commission. The commission shall have authority over and be responsible for all phases of the selection, appointment and promotion of employees in the civil service, for the appeal rights of such employees in regard to dismissal, demotion, suspension and disciplinary actions, and for the transfer of employees, together with all responsibilities assigned to the commission by this article.
Section 9.060 Rules.
1. The commission shall adopt or amend rules for the civil service system, consistent with the provisions of this article. At least 10 days notice of time and place of a hearing on proposed rules shall be given by posting such notice and a copy of each proposed rule on the bulletin board of each department and by giving three copies thereof to the city manager, each department head, and the president or secretary of each employee organization formally recognized by the city. A copy of all rules adopted and all changes in them shall be filed in the office of the city clerk. The commission shall cause the rules and all changes in them to be printed and distributed as it shall deem necessary. Copies shall be available to all officers and employees of the city.
2. The head of each department may adopt rules for the governance of his department not inconsistent with this article or rules adopted thereunder.
Section 9.070 Chief examiner. The commission shall appoint a chief examiner who shall serve at the pleasure of the commission. The chief examiner shall administer the provisions of this article in regard to the selection, appointment and promotion of employees in the civil service, under the direction of the commission and within restrictions established by the commission.
Section 9.080 Leaves of absence without pay. The city manager may promulgate rules governing leaves of absence without pay, subject to the approval of the commission after public hearing.
Section 9.090 Transfer of employees. The commission may adopt rules governing the transfer of employees, provided that no employee shall be transferred for disciplinary purposes.
Section 9.100 Reports of employee performance. The commission shall have authority to require from time to time reports on the performance and efficiency of employees and to require medical examinations of any employee, and to obtain the results thereof. Each employee shall be entitled to see all such reports concerning him.
Section 9.110 Agreements. The commission shall have authority to make agreements to enter into cooperative arrangements with or to obtain assistance from other agencies or persons for the purpose of improving the efficiency or quality of the services it provides.
Section 9.120 Blanketing into civil service. When positions which have not been within the civil service are declared by law to be included in the civil service, the commission may authorize the probationary appointment to such positions of employees who have held those positions satisfactorily for a period of one year.
κ1973 Statutes of Nevada, Page 886 (CHAPTER 553, AB 142)κ
have not been within the civil service are declared by law to be included in the civil service, the commission may authorize the probationary appointment to such positions of employees who have held those positions satisfactorily for a period of one year. Other employees in such positions may be given temporary or provisional appointments as ordered by the commission.
Section 9.130 Return to civil service. An employee with confirmed civil service rating who is appointed to an exempt position shall not lose his civil service rating while serving in that exempt position.
Section 9.140 Layoff. Whenever in the judgment of the city council it becomes necessary to reduce the staff of any city department such reduction of staff shall be accomplished pursuant to rules adopted by the commission designed to encourage interdepartmental transfers and other procedures tending to minimize the impact of layoffs.
Section 9.150 Support. The city council shall provide such employees, facilities and funds necessary or proper for the purpose of enabling the commission to accomplish its functions and purposes set forth in this article.
Section 9.160 Prohibited acts.
1. No appointments to or removal from a position in the civil service shall be affected in any manner by any individuals:
(a) Race, color, national origin, membership or nonmembership in an employee organization, or religious beliefs or affiliations.
(b) Sex, marital status, age, or physical or visual handicap except when the commission has certified that such fact constitutes a reasonable occupational qualification or disqualification for employment.
(c) Political beliefs or affiliations except if that individual advocates or is a member of any organization that advocates the overthrow of the government of the United States by other than lawful means.
2. No person shall practice any deception, fraud or unfair practice with respect to application, examination, employment or any other procedure authorized under this article or commission rule, or in any information given to the commission.
Section 9.170 Penalties. Any employee who is found by the commission to have violated any of the provisions of this article or of a commission rule may be dismissed, demoted, suspended or disciplined by the commission, pursuant to commission rules.
Section 9.180 Class specifications. The city manager may adopt and revise specifications for the classes of positions in the civil service. Each class specification shall include a title, a definition or statement of the characteristics of the class, a list of typical tasks or examples of the duties of the class, and a statement of the desirable minimum qualifications of employees in the class. The desirable minimum qualifications shall be subject to review and approval by the commission as part of its responsibility for recruiting and selecting employees.
Section 9.190 Examinations, general.
1. The commission shall conduct examinations and provide eligibles for appointment on a timely basis, prior to the occurrence of vacancies when feasible. Examinations shall be competitive, open to all applicants who meet the announced minimum requirements, and publicized in advance.
κ1973 Statutes of Nevada, Page 887 (CHAPTER 553, AB 142)κ
2. Examinations shall be practical in character and shall relate to the duties of the class. They may consist of written tests, interviews or oral tests, demonstrations of skill, tests of capacity or knowledge, health or physical fitness, investigations of past performance, personal qualifications, character, education, experience, or any combination of tests which the commission deems appropriate.
Section 9.200 Open and promotional examinations.
1. Vacancies in positions shall be filled insofar as consistent with the best interests of the city from among employees holding positions in lower classes, and promotional eligible lists shall be established to facilitate this purpose. Examinations shall be held on an open, nonpromotional basis when in the judgement of the commission open competition will produce eligible lists with more highly skilled qualified eligibles and is consistent with the best interests of the city. The commission may provide that an examination shall result in both open and promotional eligible lists.
2. Promotional examinations may be restricted to confirmed employees of a single department, of several specified departments, or may be open to all confirmed employees of the city.
3. Open examinations may be restricted to non-civil-service employees of the city.
Section 9.210 Assembled and continuous examinations. The commission may hold assembled examinations when there is adequate competition to meet the citys needs. The commission may hold continuous examinations and create eligible lists continuously for classes for which it is found difficult to maintain adequate lists, adding names to the continuous list as eligibility is established.
Section 9.220 Examination scores. The commission shall establish the minimum passing point for each examination and for each test in an examination, for procedures for the computation of scores, and for the relative weights of each part of examinations. Passing points shall be established before the identification of the competitors examination papers.
Section 9.230 Assistance in examinations. It shall be the duty of all departments, officers and employees of the city to assist the commission in the development and administration of examinations as requested by the commission.
Section 9.240 Eligible lists.
1 Names shall be placed on all eligible lists in order of earned scores, with the highest scores first. An existing list for a class shall be abolished upon issuance of a new list resulting from an assembled examination, except that an open list and a promotional list may exist at the same time.
2. An eligible list resulting from a promotional examination shall take precedence over one resulting from an open examination. Names placed on an eligible list resulting from an assembled examination shall remain on that list for a period of one year unless removed as a result of appointment, or by action of the commission, or upon the establishment of a later list. The commission may otherwise extend the life of such a list for a period not to exceed one additional year.
3. Names placed on an eligible list resulting from a continuous examination shall remain on that list for a period of one year from the dates of testing unless removed as a result of appointment or by action of the commission.
κ1973 Statutes of Nevada, Page 888 (CHAPTER 553, AB 142)κ
testing unless removed as a result of appointment or by action of the commission.
4. The commission may remove from a list the name of any eligible if information becomes available before appointment which, if known at the time of examination, would have resulted in that persons elimination.
Section 9.250 Appointments.
1. The commission shall provide by rule for the appointment of persons to all positions in the civil service. The commission shall provide for probationary appointments and may provide for emergency, temporary, provisional and such other types of appointments as it deems desirable to facilitate the business of the city.
2. Probationary appointments, except for those authorized by section 9.120 of this article, shall be made only as the result of the examining and certification process authorized in this article.
3. The commission at the request of the appointing authority shall certify to him the names of the three eligibles standing highest on the appropriate eligible list or lists; he shall choose from among these names. If both open and promotional lists are in existence, the promotional list shall be used first, and if it does not provide three names, the additionally needed names shall be taken from the open list.
4. The commission shall conduct examinations to provide eligible lists at the request of the appointing authority and shall provide means of filling vacant positions pending establishment of the necessary lists.
5. To facilitate the use of broad classes and to avoid the establishment of additional highly specialized classes the commission may authorize the certification of only those eligibles who possess certain skills, abilities or qualities not required in most positions in the class.
6. The commission shall by rule provide for probationary periods of not over one year for each class, for the right of a department head to dismiss a probationary employee without right of appeal, for promoted employees rights to return to a lower class following probationary dismissal, and for a procedure to confirm employees in permanent status at the end of probation.
Section 9.260 Duties and authority of city manager.
1. All employees in the civil service, other than those employed by the commission, shall hold their positions at the pleasure of the city manager and shall perform their assigned duties under his direction, subject to the provisions of this article. No employee in the civil service shall be suspended, demoted, dismissed or disciplined except as provided in this article.
2. The city manager or his delegate may suspend, demote, dismiss or otherwise discipline any employee in the civil service who:
(a) Is unable to or fails for any reason to perform his duties properly and efficiently.
(b) Is guilty of any actions which reduce his effectiveness as an employee or bring discredit on the city service.
(c) Has violated any provision of this article or of commission rules.
3. The city manager shall immediately report any such action to the secretary of the commission and at the same time deliver to the secretary and to the affected employee copies of a complaint setting forth the action taken and the reasons for that action, with the name of the original complainant if other than the city manager.
κ1973 Statutes of Nevada, Page 889 (CHAPTER 553, AB 142)κ
taken and the reasons for that action, with the name of the original complainant if other than the city manager.
4. Whenever a written complaint against any employee in the civil service is made to the city manager he shall immediately communicate it to the secretary of the commission.
5. The city manager or his delegate shall have the authority to adjust an employees salary within the salary range for the class on the basis of quality and quantity of the employees work. The commission shall by rule provide for appeals from such adjustment on a showing that it was made principally for disciplinary purposes.
Section 9.270 Appeals to the commission.
1. An employee in the civil service who has been suspended, demoted, dismissed or disciplined by the city manager may appeal such action to the commission by serving the secretary of the commission with a written notice of appeal within ten days of such action. The commission shall set the time for hearing such appeal not less than ten nor more than thirty days from the date of service of the notice of appeal.
2. The commission shall provide by rule for hearing such appeals and making any investigations it deems appropriate. Such hearing may be closed at the request of the accused or on the commissions own motion. In all appeals to the commission, the office of the city attorney shall represent the interest of the city.
3. In connection with any hearing or investigation contemplated by this article each member of the commission shall have the power to administer oaths, secure by subpena the attendance of witnesses residing within fifty miles of the City of Reno, the production of books and papers relevant to such hearing or investigation and to compel witnesses to answer, and to punish for contempt in the same manner provided by law for the governing of trials before justices of the peace for failure to answer or produce books and other evidence necessary for the hearing. All witnesses shall be under oath. The accused shall have full opportunity to be heard in person and by attorney in his own defense and shall be entitled to secure the attendance of witnesses within the reach of the commissions subpena necessary for his defense at the expense of the city. Upon a showing of necessity an accused may secure from the commission an order requiring the taking of depositions of witnesses necessary to his defense and who are not within reach of a subpena. The commission shall determine to what extent the expense of such depositions shall be paid for by the city. Hearings on appeal shall be reported and transcribed. The commission shall render its decision within seven days from the date of receipt of such transcript.
4. The action taken by the city manager shall stand unless modified or revoked by the commission. If the commission finds that the reason for which the action was taken was insufficient it shall modify or revoke the action.
5. The commission shall provide by rule for the hearing and disposition of appeals against examination content or procedures.
Section 9.280 Disciplinary authority of commission.
1. Verified charges may be filed with the commission setting forth cause for disciplinary action against any civil service employee by any resident of the city.
κ1973 Statutes of Nevada, Page 890 (CHAPTER 553, AB 142)κ
resident of the city. The commission may conduct investigations and hold such hearings as it deems appropriate to determine the facts. If the commission finds the charges true it may order the suspension, dismissal or discipline of the employee.
2. The commission on its own initiative may conduct investigations and hearings with respect to violations of this article or commission rules and impose such sanctions as it deems appropriate.
Section 9.290 Salary of suspended, demoted or disciplined employee. No employee shall be deprived of any salary or wages for the period of time he may be suspended, demoted or dismissed pending a hearing and decision unless such disciplinary action or removal shall be sustained by the commission.
Sec. 17. 1. In the event section 20 of Assembly Bill 253 of the 57th session of the Nevada legislature becomes effective, section 1 of this act shall never become effective and section 1.5 of this act shall become effective on July 1, 1973 at 12:02 a.m.
2. In the event section 20 of Assembly Bill 253 of the 57th session of the Nevada legislature never becomes effective, section 1.5 of this act shall never become effective and section 1 of this act shall become effective on July 1, 1973 at 12:01 a.m.
3. All other sections of this act shall become effective on July 1, 1973 at 12:01 a.m.
________
Assembly Bill No. 132Mr. Getto
CHAPTER 554
AN ACT relating to water resource planning; requiring the state engineer to complete the comprehensive water resource plan and prepare it for presentation to the 1975 session of the legislature.
[Approved April 25, 1973]
Whereas, The state engineer was directed by the 56th session of the Nevada legislature (NRS 532.165) to prepare a comprehensive water resource plan for the State of Nevada; and
Whereas, The development of a comprehensive water resource plan is of substantial and immediate importance to the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The comprehensive water resource plan, required to be prepared by NRS 532.165, shall be completed by the state engineer prior to January 1, 1975 and submitted to the 58th session of the legislature.
________
κ1973 Statutes of Nevada, Page 891κ
Assembly Bill No. 111Committee on Judiciary
CHAPTER 555
AN ACT to permit an expert in the identification of controlled substances, who has qualified as such an expert in a district court of this state, to appear at trials and preliminary examinations of a district or justice court of such district by affidavit; providing a proper form of affidavit; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 50.315 is hereby amended to read as follows:
50.315 [1. Until January 1, 1972, whenever any person has qualified in the district court of a county as an expert witness for the purpose of testifying regarding the presence in the blood or urine of a person of intoxicating liquor, a narcotic drug, as defined in NRS 453.020, a dangerous drug, as defined in NRS 454.220, or a drug the use or possession of which is regulated by NRS 454.460 and 454.465, the affidavit of such person is admissible in evidence in a criminal trial in the district court in such county or a preliminary examination or trial in a justices court in such county for the purpose of proving the person from whom the affiant received the blood or urine for analysis and the presence or absence of intoxicating liquor or drug, as the case may be.
2. After January 1, 1972, whenever] Whenever any person has qualified in the district court of [a] any county as an expert witness for the purpose of testifying regarding the presence in the blood or urine of a person of [intoxicating liquor,] alcohol or a controlled substance the use or possession of which is regulated by chapter 453 of NRS, the affidavit of such person is admissible in evidence in a criminal trial in the district court [in such county] in any county in the district or a preliminary examination or trial in [a] any justices court [in such county] in any county in the district for the purpose of proving the person from whom the affiant received the blood or urine for analysis and the presence or absence of [intoxicating liquor] alcohol or controlled substance, as the case may be.
Sec. 2. NRS 50.325 is hereby amended to read as follows:
50.325 1. Whenever a person is charged with an offense punishable under chapters 453 or 484 of NRS [or NRS 454.180 to 454.465, inclusive,] and it is necessary to prove the existence of any [intoxicating liquor or drug,] alcohol or the existence or identity of a controlled substance as defined in chapter 453 of NRS, the district attorney may request that the affidavit of a person qualified as provided in NRS 50.315 be admitted in evidence at the trial of or preliminary examination into the offense.
2. Such request shall be made at least 10 days prior to the date set for such trial examination and shall be sent to the defendants counsel and to the defendant, by registered or certified mail.
3. If such defendant, or his counsel, notifies the district attorney within 72 hours after receipt of such request that the presence of such person is demanded, the affidavit shall not be admitted.
4. If at the trial or preliminary examination the affidavit of an expert has been admitted in evidence, and it appears to be in the interest of justice that such expert be examined or cross-examined in person, the district court judge or justice of the peace may adjourn the trial or preliminary examination for a period of not to exceed 3 judicial days for the purpose of receiving such testimony.
κ1973 Statutes of Nevada, Page 892 (CHAPTER 555, AB 111)κ
has been admitted in evidence, and it appears to be in the interest of justice that such expert be examined or cross-examined in person, the district court judge or justice of the peace may adjourn the trial or preliminary examination for a period of not to exceed 3 judicial days for the purpose of receiving such testimony. The time within which a preliminary examination or trial is required is extended by the time of such adjournment.
Sec. 3. NRS 50.335 is hereby amended to read as follows:
50.335 [1. Until January 1, 1972, the affidavit referred to in NRS 50.315 and 50.325 shall be substantially in the following form:
|
State of Nevada
County of................................. |
} |
ss. |
............................., being first duly sworn, deposes and says: That I am ............................ (occupation); that on ...................... (date) I qualified before a district judge of the district court of this county as a witness qualified to detect the presence in the blood or urine of a person of intoxicating liquor or a narcotic drug, as defined in NRS 453.020, a dangerous drug as defined in NRS 454.220, or a drug the use or possession of which is regulated by NRS 454.460 and 454.465; that on ...................... (date) I received a substance from .......................... (name); that on ..................... (date) I analyzed such substance and determined it to be ...................... (substance); that on ...................... (date) I returned such drug to ...................... (name) or that I still have such substance in my possession.
............................................
Affiant
Subscribed and sworn to before me
this ...................... day of ......................, 19........
............................................
Notary Public
2. After January 1, 1972, the affidavit] The affidavit referred to in NRS 50.315 and 50.325 shall be substantially in [the following form:] one of the following forms:
1. If the sample contained a controlled substance as defined in chapter 453 of NRS:
|
State of Nevada
County of................................. |
} |
ss. |
............................., being first duly sworn, deposes and says: That I am .................................. (occupation); that on ................................................ (date) I qualified before a district judge of the district court of this [county] district as a witness qualified to detect the presence and identity in the blood or urine of a person of [intoxicating liquor or] a controlled substance the use or possession of which is regulated by chapter 453 of NRS; that on ................................. (date) I received a substance or .......................................
κ1973 Statutes of Nevada, Page 893 (CHAPTER 555, AB 111)κ
(blood or urine sample) from ............................................ (name); that on ...................... (date) I analyzed such substance or sample and determined it to be or contain ............................................ (substance); that on ...................... (date) I returned such substance or sample to ............................................ (name) or that I still have such substance or sample in my possession.
............................................
Affiant
Subscribed and sworn to before me
this ...................... day of ......................, 19........
............................................
Notary Public
2. If the sample contained alcohol:
|
State of Nevada
County of................................. |
} |
ss. |
............................., being first duly sworn, deposes and says: That I am .................................. (occupation); that on ............................................ (date) I qualified before a district judge of the district court of this district as a witness qualified to detect the presence of alcohol in the blood or urine of a person; that on ............................................ (date) I received a blood or urine sample from ............................................ (name); that on ............................................ (date) I analyzed such sample and determined that the blood or urine of the person from whom the sample was taken contained ...................... (percent) by weight of alcohol; that on ............................................ (date) I returned such sample to ............................................ (name) or that I still have such sample in my possession.
............................................
Affiant
Subscribed and sworn to before me
this ...................... day of ......................, 19........
............................................
Notary Public
________
Assembly Bill No. 42Committee on Transportation
CHAPTER 556
AN ACT relating to motor vehicles; requiring a blood test of any person killed as a result of an accident involving a motor vehicle; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1973 Statutes of Nevada, Page 894 (CHAPTER 556, AB 42)κ
1. Any coroner, or other public official performing like duties, shall in all cases of motor vehicle accidents where a death or deaths have occurred as a result of such accidents, whether the person killed is a driver, passenger, or pedestrian, cause to be drawn from each decedent, within 8 hours of such accident, a blood sample or samples to be analyzed for the presence and amount of alcohol.
2. The findings of such examinations shall be a matter of public record and shall be reported to the department of motor vehicles by the coroner or such other public official within 30 days of such death.
3. Blood alcohol analyses shall be acceptable only if made by laboratories licensed to perform this function.
________
Assembly Bill No. 11Mr. Dreyer
CHAPTER 557
AN ACT relating to elections; making application for absent ballots less formal; changing fee charged for lists of voters; eliminating requirement that naturalized citizens display naturalization papers to register; removing requirement that county clerk prepare list of registered voters 90 days before close of registration; making publication of voter lists permissive in cities and counties; eliminating the requirement that absentee voters reregister after two consecutive general elections; requiring certain voter registration offices to remain open 3 nights before the close of registration; streamlining sample ballot procedure; eliminating inconsistencies; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.313 is hereby amended to read as follows:
293.313 1. Any registered voter who [executes a statement in substantially the form provided in subsection 3] provides sufficient written notice to the county clerk, may vote an absent ballot as provided in this chapter if, on the day of voting at any general or primary election, he is or expects to be:
(a) Absent from the precinct or district in the county of his residence because of the nature of his vocation, business or any other unavoidable cause.
(b) Unable, because of illness or physical disability, to go to the polling place; or
(c) In the service of the United States.
2. The spouses and dependents of any voter referred to in subsection 1 may vote in the same manner as such voter if, by reason of the services of such voter, they are required to reside beyond the boundaries of the state.
[3. The county clerk shall furnish, upon request, an application for absent ballot substantially in the following form:
κ1973 Statutes of Nevada, Page 895 (CHAPTER 557, AB 11)κ
APPLICATION FOR ABSENT BALLOT
for the .......................................... election, held on ..................................................
(Date)
Name ............................................ Residence address at which registered to vote
....................................................................................................................................
(Street) (Town or City)
in ........................................ Precinct. Political party affiliation .................................
(Check one of the blocks below consistent with your intention.)
o I intend to establish my residence outside of .................................. County, Nevada, and hereby request that my present affidavit of registration to vote in this county be canceled after I use this ballot.
o I do not intend to abandon my residence in .................................... County, Nevada, and I intend to vote in the next election in this county.
I will not be present at my regular precinct polling place on the above election day and hereby request, in compliance with chapter 293 of NRS, that an absent ballot be sent to me at
....................................................................................................................................
(Complete address to which ballot is to be sent including zip code.)
...................................................................
(Applicants signature)
4. The form prescribed by subsection 3 may be of such size and include additional spaces properly designated as are necessary for the application to be used as a part or a page of the absent ballot record book required by NRS 293.325, but this subsection shall not be construed to preclude the use of a separate record book.
5. Any person who has voted by absent ballot at two consecutive general elections shall be required to reregister before voting in any subsequent election.]
Sec. 2. NRS 293.440 is hereby amended to read as follows:
293.440 1. [When the county clerk causes a list of registered voters, segregated by districts or precincts, to be published in any newspaper circulated in such county, newspapers publishing such list shall not be paid more than 10 cents per name.
2.] Any person desiring a copy of any precinct, district or county list of registered voters and their addresses, may obtain such copy by applying at the office of the county clerk and paying therefor a sum of money equal to [one-half] one cent per each name on such list, but one copy of each original and supplemental precinct, district or county list shall be provided to the county central committee of any political party, as defined in NRS 293.073, upon request, without charge.
[3.] 2. A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed precinct or district lists.
Sec. 3. NRS 293.460 is hereby amended to read as follows:
293.460 The compensation of voting board officers, counting board officers, specially appointed deputy sheriffs, [and other] election board officers and other employees shall be fixed by county [ordinance.] ordinance, resolution or order.
κ1973 Statutes of Nevada, Page 896 (CHAPTER 557, AB 11)κ
Sec. 4. NRS 293.523 is hereby amended to read as follows:
293.523 1. [Except as provided in subsection 2, no naturalized citizen may be registered unless he produces his certificate of naturalization.
2. If it appears to the county clerk, by the affidavit of the applicant and one registered voter, that such citizens certificate of naturalization is lost or destroyed or temporarily beyond the reach of the applicant, the county clerk shall register the name of such applicant, unless he is by law otherwise disqualified. If a naturalized citizen fails to produce his certificate of naturalization, the] A naturalized citizen need not produce his certificate of naturalization in order to qualify to be registered.
2. The county clerk shall propound, in addition to the questions on the registration form, the following questions:
(a) In what year did you come to the United States?
(b) [Where did you last see your certificate of naturalization?
(c)] Where were you admitted to citizenship?
[3. When a naturalized citizen has registered to vote in a county and he applies to reregister in such county, he shall not be required to produce his certificate of naturalization.]
Sec. 5. NRS 293.557 is hereby amended to read as follows:
293.557 1. [At least 90 days prior to the closing of registration for any election, the county clerk shall prepare and date an alphabetical list of the persons whose names remain on the registrar of voters register of each precinct and district. He shall] The county clerk may cause to be published once in each of the newspapers circulated in different parts of the county a list of all registered voters, segregated by precincts or districts, within the circulation area of each newspaper, or cause to be published once in a newspaper circulated in the county a segregated listing for the entire county:
(a) At least 75 days before any primary election.
(b) After each primary election and not less than 2 weeks before the close of registration for the ensuing general election.
2. The county may not pay more than 10 cents per name for six-point or seven-point type or 15 cents per name for eight-point type or larger to each newspaper publishing the list.
3. The list of registered voters shall not be printed in type smaller than six-point.
Sec. 6. NRS 293.560 is hereby amended to read as follows:
293.560 1. Registration shall close at 9 p.m. of the fifth Saturday preceding any primary election and at 9 p.m. of the fifth Saturday preceding any general election.
2. [During the last 5 days before registration closes, registration] Registration offices shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including [Saturdays.] Saturdays, during the last days before registration, according to the following schedule:
(a) In counties which have a population less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, registration offices shall be open during the last 3 days before registration closes;
κ1973 Statutes of Nevada, Page 897 (CHAPTER 557, AB 11)κ
(b) In all other counties, registration offices shall be open during the last 5 days before registration closes.
3. The county clerk of each county shall publish in a newspaper having a general circulation in the county a notice signed by him indicating the day that registration will be closed. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. Such notice shall be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
5. At least 15 days before the time when the registrar of voters register is closed for any election, the county clerk shall mail a copy of such notice to deputy registrars, to be posted in a conspicuous place in each voting precinct outside incorporated cities and in which there is no newspaper of general circulation.
Sec. 7. NRS 293.565 is hereby amended to read as follows:
293.565 1. At least 15 days prior to any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing such voter of the location of his polling place.
2. The cost of mailing sample ballots for elections which are not either primary or general elections shall be borne by the political subdivision holding such election.
Sec. 8. NRS 293.580 is hereby amended to read as follows:
293.580 [If the city council or other governing body of the city deems it necessary or expedient, it shall] The city council or other governing body of the city may cause a list of the electors registered to vote at any city election to be published.
Sec. 9. NRS 293.453 is hereby repealed.
Sec. 10. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 387Senators Hecht, Gibson, Blakemore, Lamb, Herr, Young, Raggio, Close, Bryan and Wilson
CHAPTER 558
AN ACT relating to health care; authorizing health care facilities and personnel to decline to participate in abortions; providing a penalty; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A hospital or other health care facility licensed under the provisions of this chapter which is not operated by the state or a local government or an agency of either is not required to permit the use of its facilities for the induction or performance of an abortion, except in a medical emergency.
κ1973 Statutes of Nevada, Page 898 (CHAPTER 558, SB 387)κ
facilities for the induction or performance of an abortion, except in a medical emergency.
2. Such refusal does not give rise to a cause of action in favor of any person.
Sec. 2. Chapter 632 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An employer shall not require a registered nurse, a licensed vocational nurse or any other person employed to furnish direct personal health service to a patient to participate directly in the induction or performance of an abortion, if such employee has filed a written statement with the employer indicating a moral, ethical or religious basis for refusal to participate in the abortion.
2. If the statement provided for in subsection 1 of the section is filed with the employer, the employer shall not penalize or discipline such employee for declining to participate directly in the induction or performance of an abortion. 3. The provisions of subsections 1 and 2 of this section do not apply to medical emergency situations.
4. Any person violating the provisions of this section is guilty of a misdemeanor.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 748Messrs. Bremner, Jacobsen, Robinson, Getto, Lowman, Smalley, Howard, Mello and Barengo
CHAPTER 559
AN ACT relating to civil actions; affording greater protection to the landowner who opens his lands to the public for recreational purposes.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 41.510 is hereby amended to read as follows:
41.510 1. An owner, lessee or occupant of premises owes no duty to keep the premises safe for entry or use by others for hunting, fishing, trapping, camping, hiking, [or] sightseeing, or for any other recreational purposes, or to give warning of any hazardous condition, activity or use of any structure on such premises to persons entering for such purposes, except as provided in subsection 3 of this section.
2. When an owner, lessee or occupant of premises gives permission to another to hunt, fish, trap, camp, hike, [or] sightsee, or to participate in other recreational activities, upon such premises:
(a) He does not thereby extend any assurance that the premises are safe for such purpose, constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted, except as provided in subsection 3 of this section.
κ1973 Statutes of Nevada, Page 899 (CHAPTER 559, AB 748)κ
any act of persons to whom the permission is granted, except as provided in subsection 3 of this section.
(b) Such person does not thereby acquire any property rights in or rights of easement to such premises.
3. This section does not limit the liability which would otherwise exist for:
(a) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.
(b) Injury suffered in any case where permission to hunt, fish, trap, camp, hike, [or] sightsee, or to participate in other recreational activities, was granted for a consideration other than the consideration, if any, paid to the landowner by the state or any subdivision thereof.
(c) Injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike, [or] sightsee, or to participate in other recreational activities was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.
4. Nothing in this section creates a duty of care or ground of liability for injury to person or property.
________
Assembly Bill No. 747Mr. Torvinen (by request)
CHAPTER 560
AN ACT relating to coroners; requiring notification of decedents next of kin of fact of death without unreasonable delay.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.163 is hereby amended to read as follows:
244.163 1. The boards of county commissioners shall have the power and jurisdiction in their respective counties to create by ordinance the office of county coroner, to prescribe his qualifications and duties and to make appointments to such office.
2. Any coroner so appointed shall be governed by the ordinances pertaining to such office which may be enacted by the board of county commissioners, and the provisions of NRS 259.020 to 259.140, inclusive, and 259.190 to 259.240, inclusive, shall not be applicable.
3. The boards of county commissioners shall require that the county coroner notify a decedents next of kin without unreasonable delay.
4. For any offense relating to the violation or willful disregard of such duties or trusts of office as may be specified by the respective boards of county commissioners, all coroners holding office by appointment pursuant to this section shall be subject to such fines and criminal penalties, including misdemeanor penalties and removal from office by indictment, accusation or otherwise, as shall be prescribed by the aforesaid ordinance.
κ1973 Statutes of Nevada, Page 900 (CHAPTER 560, AB 747)κ
This subsection shall apply to all deputies, agents, employees and other persons employed by or exercising the powers and functions of the coroner.
Sec. 2. Chapter 259 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The coroner shall notify a decedents next of kin of the fact of decedents death without unreasonable delay.
________
Assembly Bill No. 742Mr. Torvinen (by request)
CHAPTER 561
AN ACT relating to reciprocal enforcement of support orders; permitting the attorney general to declare a foreign jurisdiction an initiating state; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 130 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When the attorney general is satisfied that reciprocal provisions will be made by any foreign jurisdiction for the enforcement therein of support orders made within this state, the attorney general may declare the foreign jurisdiction to be an initiating state for the purpose of this chapter. Any such declaration may be revoked by the attorney general and may be reviewed by the court in an action brought pursuant to this chapter.
2. As used in this section, foreign jurisdiction means a foreign sovereign nation.
________
Assembly Bill No. 665Messrs. Jacobsen, Howard, Huff and Barengo
CHAPTER 562
AN ACT relating to permits granted by sheriffs to carry concealed weapons; requiring permit applications to be by county residents; making such permits valid throughout the state; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 202.350 is hereby amended to read as follows:
202.350 1. It is unlawful for any person within the State of Nevada to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep for sale, or offer or expose for sale, or give, lend or possess any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
κ1973 Statutes of Nevada, Page 901 (CHAPTER 562, AB 665)κ
state, or keep for sale, or offer or expose for sale, or give, lend or possess any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Carry concealed upon his person any explosive substance, other than fixed ammunition; or
(c) Carry concealed upon his person any dirk, dagger or dangerous knife; or
(d) Carry concealed on his person a pistol, revolver or other firearm, or any other dangerous or deadly weapon.
2. Except as provided in subsection 3, any person who violates any of the provisions of subsection 1 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
3. Any person incarcerated in the Nevada state prison, or in a city or county jail who violates any of the provisions of subsection 1 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years. Incarceration for the purpose of this subsection shall not be deemed to begin until after the initial assignment to a cell following completion of the booking procedure.
4. Nothing in subsection 1 of this section applies to or affects:
(a) Sheriffs, constables, marshals, peace officers, special police officers, policemen, whether active or honorably retired, other duly appointed police officers or persons having permission from the sheriff of the county as provided in subsection 5.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Members of the Armed Forces of the United States when on duty.
5. The sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which the concealed weapon is to be carried, grant permission to the applicant, authorizing a person to carry, in [such county,] this state, the concealed weapon described in the permit. No permit may be granted to any person to carry a switchblade knife.
6. For the purposes of this section, a switchblade knife is a knife having the appearance of a pocket knife, and includes a spring-blade knife, a snap-blade knife, or any other similar type knife, the blade or blades of which are 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle, or other mechanical device, or are released by any type of mechanism whatsoever.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 902κ
Assembly Bill No. 601Committee on Government Affairs
CHAPTER 563
AN ACT relating to state planning and public works; transferring certain functions of the state planning board to the office of the governor; changing the name of the state planning board; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 223 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The governor is responsible for the preparation of a comprehensive state plan for the economic and social development of the State of Nevada. To this end, the governor shall conduct research and studies relating to the natural resources and to other factors in the progress of the state.
Sec. 2. NRS 209.350 is hereby amended to read as follows:
209.350 1. The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison.
2. The board shall have the exclusive control of the employment of the prisoners and may employ them in such manner as will best serve the interest of the state and the welfare of the prisoners.
3. The board shall not permit the employment of any prisoner on any other than public work of general advantage to the state, its municipal corporations and political subdivisions. Such work includes, but is not limited to:
(a) Roadwork;
(b) Construction and reconstruction work at the state prison and the prison farm under the supervision of the state [planning] public works board;
(c) Work on the prison farm or any state property;
(d) The manufacture of license plates and highway signs;
(e) Work in state parks;
(f) Reforestation of state and federal lands;
(g) Work on fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, and flood relief; and
(h) Work in any industry adopted by the state [planning] public works board for the general employment of inmates in whole or in part, if such industry is for the benefit of the state, and not for the benefit of any prisoner.
4. The board may compensate prisoners for labor supplied.
5. On the application of any prisoner whose conduct has been within prison rules and regulations, the warden may permit the prisoner to employ his own time in the manufacture of goods and materials in the prison hobby-craft program. Such goods and materials when fabricated shall be sold by the state on behalf of the prisoner but shall not enter into competition with any free labor or any manufacturers in the State of Nevada.
κ1973 Statutes of Nevada, Page 903 (CHAPTER 563, AB 601)κ
shall be sold by the state on behalf of the prisoner but shall not enter into competition with any free labor or any manufacturers in the State of Nevada.
6. The purpose of this section is to prevent competition of prisoners with free labor and industry in the State of Nevada, except where such labor and industry inures to the direct benefit of the State of Nevada.
Sec. 3. NRS 231.130 is hereby amended to read as follows:
231.130 The director shall not interfere with the functions of any other state agencies but shall be furnished from time to time, on request, with data and other information from such agencies records bearing on all matters relative to the objectives of the department. It is expected that the director shall avail himself of the records and assistance of the state [planning] public works board, the employment security department, the advisory mining board and the bureau of mines [,] and geology, the state forester firewarden, the state department of agriculture, the department of highways, the Nevada department of fish and game, the state engineer, the [director] chief of the budget division of the department of administration and the state board of finance, and the heads of such other state agencies as in the opinion of the governor might make a contribution to the work of the department.
Sec. 4. NRS 284.175 is hereby amended to read as follows:
284.175 1. After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe rules and regulations for a pay plan for all employees in the classified service.
2. The pay plan and amendments thereto shall become effective only after approval by the commission and the governor.
3. The chief shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service, Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary funds are made available for such payment.
4. The chief shall prescribe rules and regulations that provide for progression through the rate ranges based on merit and fitness alone. Upon approval of the commission such rules and regulations shall become effective.
5. Except as otherwise provided in this subsection, no employee in the classified service may receive a salary exceeding $22,000 a year. Employees filling the following described positions in the classified service may receive annual salaries not to exceed the following specified amounts:
Chief, dental health services (Range A)........................................................ $22,020
Chief, dental health services (Range B)........................................................... 24,239
Chief, maternal and child health (Range A).................................................... 24,239
Chief, maternal and child health (Range B)..................................................... 26,048
Chief, preventive medical services (Range A)................................................ 24,239
Chief, preventive medical services (Range B)................................................ 26,048
Senior physician (Range A).............................................................................. 22,554
Senior physician (Range B)............................................................................... 24,829
Senior psychiatrist (Range A).......... 25,432 Senior psychiatrist (Range B) $27,994
κ1973 Statutes of Nevada, Page 904 (CHAPTER 563, AB 601)κ
Senior psychiatrist (Range B)......................................................................... $27,994
State health officer (Range A)........................................................................... 27,329
State health officer (Range B)........................................................................... 28,472
Supervisor, tuberculosis control (Range A)................................................... 24,239
Supervisor, tuberculosis control (Range B).................................................... 26,048
Welfare medical care officer.............................................................................. 22,554
As used in this subsection a senior psychiatrist (Range B) is a psychiatrist certified or eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.
6. Except as otherwise provided in this subsection, no employee in the classified service may receive a salary in excess of 95 percent of the salary received by his immediate supervisor if his immediate supervisor is in the unclassified service. The provisions of this subsection shall not:
(a) Be construed to effect a reduction of the salary of any employee in the classified service on January 1, 1971.
(b) Apply to physicians, surgeons and dentists in full-time employment with the state and to engineers employed by the state [planning] public works board. During regular legislative sessions salaries for the classified service of the state shall be set based upon the prevailing rates paid in government and industry for comparable jobs within the State of Nevada and western states, where appropriate.
Sec. 5. NRS 341.010 is hereby amended to read as follows:
341.010 As used in this chapter, unless the context otherwise requires, board means the state [planning] public works board.
Sec. 6. NRS 341.020 is hereby amended to read as follows:
341.020 The state [planning] public works board, consisting of [nine] 10 members to be appointed by the governor, is hereby created. The state planning coordinator shall be appointed as one of the 10 members, and the chief of the budget division of the department of administration is ex officio a member of the state public works board.
Sec. 7. NRS 341.135 is hereby amended to read as follows:
341.135 1. There is hereby created a fund to be known as the [planning] public works board option fund.
2. Notwithstanding the provisions of NRS 334.050, money in the [planning] public works board option fund may be used to secure the right to purchase real property or interests therein for the State of Nevada under such terms and conditions as the board shall approve, but no option contract shall bind the State of Nevada to purchase such property or obligate the State of Nevada in any way beyond payment of the purchase price for the option.
Sec. 8. NRS 341.150 is hereby amended to read as follows:
341.150 1. The state [planning] public works board shall furnish engineering and architectural services to all state departments, boards or commissions charged with the construction of any building constructed on state property or the money for which is appropriated by the legislature, except highway maintenance buildings. All such departments, boards or commissions are required and authorized to use such services.
2. The services shall consist of:
(a) Preliminary planning.
κ1973 Statutes of Nevada, Page 905 (CHAPTER 563, AB 601)κ
(b) Designing.
(c) Estimating of costs.
(d) Preparation of detailed plans and specifications.
The board may submit preliminary plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the board deems such action desirable. The cost of preparation of preliminary plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services shall be charges against the appropriations made by the legislature for any and all state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the legislature has appropriated or may appropriate funds. The costs shall not exceed the limitations that are or may be provided by the legislature.
3. The board shall:
(a) Have final authority for approval as to architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.
(b) Solicit bids for and let all contracts for new construction or major repairs.
(c) Have authority to negotiate with the lowest responsible bidder on any contract to obtain a revised bid if:
(1) The bid is less than the appropriation made by the legislature for that building project; and
(2) The bid does not exceed the relevant budget item for that building project as established by the board by more than 10 percent.
(d) Have authority to reject any or all bids.
(e) After the contract is let, have supervision and inspection of construction or major repairs. The cost of supervision and inspection shall be a charge against the appropriation or appropriations made by the legislature for the building or buildings.
(f) Have authority to authorize change orders, prior to or during construction, not to exceed in the aggregate 10 percent of the total awarded contract price.
(g) Have final authority to accept each building as completed or to require necessary alterations to conform to the contract, and to file the notice of completion.
Sec. 9. NRS 341.153 is hereby amended to read as follows:
341.153 1. The legislature hereby finds as facts:
(a) That the construction of public buildings is a specialized field requiring for its successful accomplishment a high degree of skill and experience not ordinarily acquired by public officers and employees whose primary duty lies in some other field.
(b) That such construction involves the expenditure of large amounts of public moneys which, whatever their particular constitutional, statutory or governmental source, involve a public trust.
(c) That the application by using agencies of conflicting standards of performance results in wasteful delays and increased costs in the performance of public works.
2. The legislature therefore declares it to be the policy of this state that all construction of public buildings upon property of the state or held in trust for any division of the state government be supervised by, and final authority for its completion and acceptance vested in, the state [planning] public works board as provided in NRS 341.150.
κ1973 Statutes of Nevada, Page 906 (CHAPTER 563, AB 601)κ
held in trust for any division of the state government be supervised by, and final authority for its completion and acceptance vested in, the state [planning] public works board as provided in NRS 341.150.
Sec. 10. NRS 341.155 is hereby amended to read as follows:
341.155 1. It is expressly prescribed to be the duty of the board of regents of the University of Nevada to use the services of the state [planning] public works board, as provided in NRS 341.150, for the construction of all buildings, the money for which is appropriated by the legislature, upon the real property of the university.
2. With the concurrence of the board of regents of the University of Nevada, the state [planning] public works board may enter into agreements with persons, associations or corporations to provide to the University of Nevada System educational consulting services relating to the determination of the future needs and the planning of necessary programs and facility needs at the university.
3. Any such contracts shall be for a term not exceeding 5 years and shall provide for payment of a fee for such services not to exceed one-half of 1 percent of the total value of building construction contracts relating to the construction of university campus facilities during the term and in the area covered by the contract.
Sec. 11. NRS 341.157 is hereby amended to read as follows:
341.157 1. In causing the construction of the projects for the University of Nevada System as provided in subsection 4 of NRS 463.385 the state [planning] public works board shall:
(a) Cause to be prepared plans, specifications and contract documents necessary to such construction.
(b) Insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to such construction. Each contract document pertaining to such work shall be approved by the attorney general.
(c) Except as otherwise provided in subsection 2, advertise in a newspaper or newspapers of general circulation in the State of Nevada for separate sealed bids for each such construction project. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state [planning] public works 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.
2. The state [planning] public works 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] public works 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.
κ1973 Statutes of Nevada, Page 907 (CHAPTER 563, AB 601)κ
Sec. 12. NRS 353.185 is hereby amended to read as follows:
353.185 The powers and duties of the chief shall be:
1. To appraise the quantity and quality of services rendered by each agency in the executive department of the state government, and the needs for such services and for any new services.
2. To develop plans for improvements and economies in organization and operation of the executive department, and to install such plans as are approved by the respective heads of the various agencies of such department, or as are directed to be installed by the governor or the legislature.
3. To cooperate with the state [planning] public works board in developing comprehensive, long-range plans for capital improvements and the means for financing them.
4. To devise and prescribe the forms of operation reports to be required periodically from the several agencies in the executive department, and to require the several agencies to make such reports.
5. To prepare the executive budget report for the governors approval and submission to the legislature.
6. To prepare a budget for the executive department of the state government for the next 2 fiscal years, which budget shall:
(a) Present a complete financial plan for the next 2 fiscal years;
(b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the executive department of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise;
(c) Set forth all interest and debt redemption charges during the next 2 fiscal years;
(d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal years; and
(e) Set forth the anticipated revenues of the state government, and any other additional means of financing the expenditures proposed for the next 2 fiscal years.
7. To examine and approve work programs and allotments to the several agencies in the executive department, and changes therein.
8. To examine and approve statements and reports on the financial condition and estimated future financial condition and the operations of the agencies in the executive department of the state government and the several budget units, before any such reports are released to the governor, to the legislature, or for publication, which have been prepared by such agencies and budget units.
9. To receive and deal with requests for information as to financial conditions and operations of the state.
10. To prepare such statements of unit costs and other cost statistics as may be required from time to time, or requested by the governor or the legislature.
11. To do and perform such other and further duties relative to the development and submission of an adequate budget for the executive department of the state government of the State of Nevada as the governor may require.
Sec. 13. NRS 393.110 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 908 (CHAPTER 563, AB 601)κ
393.110 1. Before letting any contract or contracts for the erection of any new school building, the board of trustees of a school district shall submit plans therefor to and obtain the written approval of the plans by the state [planning] public works board. The state [planning] public works board is authorized to charge and collect, and the board of trustees is authorized to pay, a reasonable fee for the payment of any costs incurred by the state [planning] public works board in securing the approval of qualified architects or engineers of the plans submitted by the board of trustees in compliance with the provisions of this subsection.
2. Before letting any contract or contracts totaling more than $5,000 for any addition to or alteration of an existing school building, the board of trustees of a school district shall submit plans therefor to and obtain the written approval of the plans by the state [planning] public works board. The state [planning] public works board is authorized to charge and collect, and the board of trustees is authorized to pay, a reasonable fee for the payment of any costs incurred by the state [planning] public works board in securing the approval of qualified architects or engineers of the plans submitted by the board of trustees in compliance with the provisions of this subsection.
3. No contract for any of the purposes specified in subsections 1 and 2 made by a board of trustees of a school district contrary to the provisions of this section is valid, nor shall any public money be paid for erecting, adding to or altering any school building in contravention of this section.
Sec. 14. NRS 412.098 is hereby amended to read as follows:
412.098 The construction, expansion, rehabilitation or conversion of armories and arsenals in this state shall be accomplished by the state [planning] public works board, subject to the inspection and approval of the Secretary of Defense, as prescribed by 10 U.S.C. § 2237 when federal funds have been allocated to the state for such work.
Sec. 15. NRS 445.451 is hereby amended to read as follows:
445.451 1. The state commission of environmental protection is hereby created. The commission shall consist of:
(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.
(f) The director of the state department of conservation and natural resources.
(g) The secretary-manager of the state [planning] public works 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.
5. Technical support and staff shall be provided the commission by the department of health, welfare and rehabilitation and may be provided by all state officers, departments, commissions and agencies, including but not limited to, the department of highways, the state department of conservation and natural resources, the Nevada department of fish and game, the University of Nevada System, the state [planning] public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture.
κ1973 Statutes of Nevada, Page 909 (CHAPTER 563, AB 601)κ
by all state officers, departments, commissions and agencies, including but not limited to, the department of highways, the state department of conservation and natural resources, the Nevada department of fish and game, the University of Nevada System, the state [planning] public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture.
Sec. 16. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state a tax equal to the amount of any credit which may be allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 or other federal statute for the payment of a state tax. If no such credit is allowed, no tax is payable under this subsection.
2. The commission shall:
(a) Collect the tax annually in advance, prior to June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine.
(b) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund and the higher education capital construction fund, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in subsections 4 and 5.
4. During each fiscal year the state treasurer shall deposit the first $5 million of the tax paid over to him by the commission in the higher education capital construction fund. When requested by the board of regents of the University of Nevada, moneys in the higher education capital construction fund shall be transferred by the state controller and the state treasurer to the state [planning] public works board for the purpose only of constructing capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community college division. As used in this subsection, construction includes but is not limited to planning, design, site acquisition and development, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Unless specifically directed by an act of the legislature concerning priorities of construction of specific projects with moneys in the higher education capital construction fund, the board of regents of the University of Nevada shall determine the order of priority and the needs of the University of Nevada System with respect to expenditures of available moneys in the higher education capital construction fund. Any moneys remaining in the higher education capital construction fund at the end of a fiscal year shall not revert to the general fund in the state treasury but shall remain in the higher education capital construction fund for authorized expenditure.
5. During each fiscal year the state treasurer shall deposit all moneys in excess of the first $5 million of the tax paid over to him by the commission in the state distributive school fund to be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
κ1973 Statutes of Nevada, Page 910 (CHAPTER 563, AB 601)κ
Sec. 17. NRS 477.035 is hereby amended to read as follows:
477.035 1. The state fire marshal shall:
(a) Inspect all state buildings and order such fire-extinguishing and safety appliances as he deems necessary for the protection of the property against fire.
(b) Order the removal of combustibles and rubbish from the property, or order such changes in the entrances or exits of the buildings as will promote the safety of the inmates, or order the provision of such fire escapes as he may deem necessary.
2. If the agency in charge of any state property fails to comply with the order of the state fire marshal for any structural change within 30 days after the receipt of such order, the fire marshal shall report such failure to the state [planning] public works board. The state [planning] public works board shall thereupon take necessary steps to correct the situation as ordered.
Sec. 18. NRS 616.180 is hereby amended to read as follows:
616.180 1. The commission is authorized, pursuant to a resolution of the commission approved by the governor, to invest not to exceed 10 percent of the total assets of the state insurance fund in office buildings in this state. The commission shall cooperate with the state [planning] public works board in all planning and construction undertaken by the commission pursuant to this section. The commission is authorized to occupy whatever room or rooms are necessary for the performance of its duties, and any such buildings or portions thereof not occupied by the commission may be rented only to other state agencies, departments, commissions, bureaus and officers.
2. The title of any real property purchased under the authority granted by subsection 1 shall be examined and approved by the attorney general.
3. Any income derived from rentals shall be deposited as provided in NRS 616.450.
4. The commission is authorized, pursuant to a resolution of the commission approved by the governor, to sell any real property acquired by it pursuant to the provisions of subsection 1. All moneys received by the commission for the sale of such real property shall be deposited in the state insurance fund.
Sec. 19. NRS 704.885 is hereby amended to read as follows:
704.885 1. The parties to a permit proceeding shall include:
(a) The applicant.
(b) The governors environmental council composed of:
(1) The chief of the bureau of environmental health of the health division of the department of health, welfare and rehabilitation.
(2) The director of the Nevada department of fish and game.
(3) The state highway engineer.
(4) The state forester firewarden.
(5) The state engineer.
(6) The director of the state department of conservation and natural resources.
(7) The secretary-manager of the state [planning] public works board.
(8) The executive director the state department of agriculture.
κ1973 Statutes of Nevada, Page 911 (CHAPTER 563, AB 601)κ
(c) Each local government and state agency entitled to receive service of a copy of the application under subsection 3 of NRS 704.870, if it has filed with the commission a notice of intervention as a party, within 30 days after the date it was served with a copy of the application.
(d) Any person residing in a local government entitled to receive service of a copy of the application under subsection 3 of NRS 704.870, if such a person has petitioned the commission for leave to intervene as a party within 30 days after the date of the published notice and if such petition has been granted by the commission for good cause shown.
(e) Any domestic nonprofit corporation or association, formed in whole or in part to promote conservation of natural beauty, to protect the environment, personal health or other biological values to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the commission a notice of intent to be a party within 30 days after the date of the published notice.
2. Any person may make a limited appearance in the proceeding by filing a statement of position within 30 days after the date of the published notice. A statement filed by a person making a limited appearance shall become part of the record. No person making a limited appearance shall have the right to present oral testimony or cross-examine witnesses.
3. The commission may, for good cause shown, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization who is identified in paragraph (b), (c), (d) or (e) of subsection 1, but who failed to file a timely notice of intervention or petition for leave to intervene, as the case may be.
Sec. 20. NRS 341.170 is hereby repealed.
Sec. 21. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes, with respect to any section which is not amended by this act or is added or further amended by another act, if reference is made to the state public works board by its former name as the state planning board, substitute the new name.
Sec. 22. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 579Mr. Torvinen
CHAPTER 564
AN ACT relating to encumbrances of real property; providing that only waivers of rights by mortgagors and trustors are void.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 40.453 is hereby amended to read as follows:
40.453 1. It is hereby declared by the legislature to be against public policy for any document relating to the sale of real property to contain any provision [waiving the rights of any party which are secured] whereby a mortgagor or trustor waives any right secured to him by the laws of this state.
κ1973 Statutes of Nevada, Page 912 (CHAPTER 564, AB 579)κ
any provision [waiving the rights of any party which are secured] whereby a mortgagor or trustor waives any right secured to him by the laws of this state.
2. No court shaft enforce any such provision.
________
Assembly Bill No. 577Messrs. Capurro, Fry and Bremner
CHAPTER 565
AN ACT relating to city and county building codes; providing for the full application of such codes to all buildings, public and private.
[Approved April 25, 1973]
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:
Notwithstanding any other provision of law, all persons, firms, associations or corporations, whether public or private, shall comply with the appropriate city or county building codes, which have been duly adopted by the respective governing bodies.
________
Assembly Bill No. 521Mr. Lowman
CHAPTER 566
AN ACT relating to investment securities covered by the Uniform Commercial Code; expanding and clarifying definition; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 104.8102 is hereby amended to read as follows:
104.8102 1. In this article unless the context otherwise requires:
(a) A security is an instrument which:
(1) Is issued in bearer or registered form; and
(2) Is of a type commonly dealt in upon securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment; and
(3) Is either one of a class or series or by its terms is divisible into a class or series of instruments; and
(4) Evidences a share, participation or other interest in property or in an enterprise or evidences an obligation of the issuer.
(b) A writing which is a security is governed by this article and not by Uniform Commercial Code — Commercial Paper even though it also meets the requirements of that article.
κ1973 Statutes of Nevada, Page 913 (CHAPTER 566, AB 521)κ
meets the requirements of that article. This article does not apply to money.
(c) A security is in registered form when it specifies a person entitled to the security or to the rights it evidences and when its transfer may be registered upon books maintained for that purpose by or on behalf of an issuer or the security so states.
(d) A security is in bearer form when it runs to bearer according to its terms and not by reason of any endorsement.
2. A subsequent purchaser is a person who takes other than by original issue.
3. A clearing corporation is a corporation [all] :
(a) At least 90 percent of the capital stock of which is held by or for 1 or more persons, other than individuals, each of whom:
(1) Is subject to supervision or regulation pursuant to the provisions of federal or state banking laws or state insurance laws; or
(2) Is a broker or dealer or investment company registered under the Securities Exchange Act of 1934 or the Investment Company Act of 1940; or
(3) Is a national securities exchange or association registered under a statute of the United States such as the Securities Exchange Act of 1934 [.] ,
and none of whom, other than a national securities exchange or association, holds in excess of 20 percent of the capital stock of such corporation; and
(b) Any remaining capital stock of which is held by individuals who have purchased such capital stock at or prior to the time of their taking office as directors of such corporation and who have purchased only so much of such capital stock as may be necessary to permit them to qualify as such directors.
4. A custodian bank is any bank or trust company which is supervised and examined by state or federal authority having supervision over banks and which is acting as custodian for a clearing corporation.
5. Other definitions applying to this article or to specified parts thereof and the section in which they appear are:
Adverse claim. NRS 104.8301.
Bona fide purchaser. NRS 104.8302.
Broker. NRS 104.8303.
Guarantee of the signature. NRS 104.8402.
Intermediary bank. NRS 104.4105.
Issuer. NRS 104.8201.
Overissue. NRS 104.8104.
6. In addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
________
κ1973 Statutes of Nevada, Page 914κ
Assembly Bill No. 454Committee on Government Affairs
CHAPTER 567
AN ACT relating to planning commissions; providing for a seven member commission; eliminating ex officio members thereof; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.030 is hereby amended to read as follows:
278.030 1. The governing body of each city and of each county having not less than 15,000 population shall create by ordinance a planning commission to consist of [nine] seven members.
2. Cities and counties of less than 15,000 population may create by ordinance a planning commission to consist of [nine] seven members. If the governing body of any city or of any county of less than 15,000 population deems the creation of a planning commission unnecessary or inadvisable, the governing body may, in lieu of creating a planning commission as provided in this subsection, perform all the functions and have all of the powers which would otherwise be granted to and be performed by the planning commission.
Sec. 2. NRS 278.040 is hereby amended to read as follows:
278.040 1. [Six] The members of the planning commission shall be appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The [appointed] members shall hold no other public office, except that one such [appointed] member may be a member of the zoning board of adjustment. The majority of the members of the county planning commission in any county of over 200,000 population shall reside within the unincorporated area of the county, subject to the provisions of subsection 7.
2. [The chief engineer or surveyor or his designated deputy and two other officials, one of whom may be a member of the governing body, shall be ex officio members.
3.] In Carson City, the members of the planning commission established as provided in NRS 278.030 shall be appointed by the mayor [,] from the city at large, with the approval of the board of supervisors. [, as follows:
(a) Six members shall be appointed from the city at large.
(b) The chief engineer or his designated deputy and two other city officials, one of whom may be a member of the board of supervisors, shall be appointed as ex officio members, who shall not be entitled to vote.]
[4.] 3. All members of the commission shall serve as such without compensation excepting reasonable traveling expenses made necessary in the fulfillment of their duties.
[5.] 4. The term of each member appointed after February 15, 1959, shall be 4 years, or until his successor takes office, except that the terms of two of the members first appointed shall be 3 years, and the respective terms of two members first appointed shall be 1 and 2 years. Members appointed prior to February 15, 1959, may serve the balance of the term for which they were appointed.
κ1973 Statutes of Nevada, Page 915 (CHAPTER 567, AB 454)κ
[6.] 5. Members may be removed, after public hearing, by a majority vote of the governing body for inefficiency, neglect of duty or malfeasance of office.
[7.] 6. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term.
7. Appointments to meet the requirements of subsection 1 with respect to members residing in unincorporated areas in counties of over 200,000 population shall be made as follows:
(a) The member newly appointed on July 1, 1973, shall reside in the unincorporated area of the county; and
(b) The members appointed to fill the next three vacancies, whether occurring by expiration of term or otherwise, shall reside in the unincorporated area of the county.
________
Senate Bill No. 340Committee on Federal, State and Local Governments
CHAPTER 568
AN ACT relating to law enforcement; providing a procedure for the creation of a metropolitan police department; requiring certain political subdivisions to follow such procedures; providing for the operation of a metropolitan police department; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 22 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 37, inclusive, of this act.
Sec. 2. 1. The legislature finds:
(a) That there is substantial duplication of functions, manpower and expenses between the city and county law enforcement agencies in this state.
(b) That merger of city and county law enforcement agencies would increase the efficiency of such agencies by increasing communication facilities, lowering purchasing costs and coordinating law enforcement efforts throughout metropolitan areas.
2. It is the purpose of this chapter to provide the means whereby the respective law enforcement agencies of the cities and counties in this state may merge into county-wide metropolitan police departments.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 4. Board means a civil service board appointed by the police commission.
Sec. 5. City means an incorporated city or town in this state.
Sec. 6. Department means a metropolitan police department created under the provisions of this chapter.
Sec. 7. Department fund means a metropolitan police department fund created in a county treasury under the provisions of section 23 of this act.
κ1973 Statutes of Nevada, Page 916 (CHAPTER 568, SB 340)κ
fund created in a county treasury under the provisions of section 23 of this act.
Sec. 8. Police commission means a metropolitan police commission.
Sec. 9. Political subdivision means a county in this state or an incorporated city or town within such county.
Sec. 10. Population is determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 11. 1. Each county which has a population of 200,000 or more and the city which is the county seat of each such county shall comply with the provisions of this chapter on July 1, 1973. Any other city in any such county may comply with provisions of this chapter on or after July 1, 1973.
2. Each county which has a population of less than 200,000, and any city or cities located in the county may comply with the provisions of this chapter on or after July 1, 1973.
Sec. 12. 1. The law enforcement agencies of any participating county and each participating city in such county shall merge into one metropolitan police department.
2. Any nonparticipating city may merge into an existing metropolitan police department with the consent of the police commission of such department and subject to such rules and regulations as such police commission may promulgate.
3. If the charter of a nonparticipating city provides for the appointment of a chief of police and his duties of law enforcement, the governing body of the city may by ordinance provide for the merger authorized by this section and:
(a) The charter provision for appointment of a chief of police shall be deemed repealed.
(b) The duties of law enforcement shall devolve upon the metropolitan police department.
Sec. 13. Upon merger:
1. The law enforcement agencies of each participating political subdivision shall be dissolved.
2. The resulting department shall operate under the provisions of this chapter.
Sec. 14. 1. The county and each participating city is entitled to at least one representative on the metropolitan police commission.
2. In those counties which have:
(a) Only one participating city, the police commission shall be composed of six members, three from the city and three from the county.
(b) More than one participating city, the police commission shall be increased in number by one for each additional participating city.
3. Each representative of a participating political subdivision shall be a member of its governing body.
Sec. 15. 1. Upon creation of a police commission in those counties which have only one participating city, three members of the police commission shall serve for a term of 2 years and three members of the police commission shall serve for a term of 1 year.
κ1973 Statutes of Nevada, Page 917 (CHAPTER 568, SB 340)κ
commission shall serve for a term of 1 year. Thereafter all members of the police commission shall serve for terms of 2 years.
2. Upon creation of a police commission in those counties which have more than one participating city, four members of the police commission shall serve for a term of 2 years and the remaining members of the commission shall serve for a term of 1 year. Thereafter all members of the police commission shall serve for terms of 2 years.
3. The initial terms of office of police commission members shall be so ordered that to each political subdivision which is entitled to two or more members there is allotted at least one term of office of 2 years.
Sec. 16. 1. A majority of the police commission is a quorum for the transaction of business.
2. When a majority only of the members are present at the meeting of a police commission, in case of a tie vote on any question, the question shall be postponed to a subsequent meeting.
Sec. 17. Members of the police commission may administer all oaths or affirmations necessary in discharging the duties of their office.
Sec. 18. 1. The police commission shall elect one of their number as chairman on the commission. When the commission is comprised of only six members, the chairman shall have no vote.
2. The police commission shall employ a clerk and may employ other clerical personnel necessary to the discharge of its duties. The clerk shall be secretary for the commission.
Sec. 19. 1. The police commission shall meet at least once a month on a regularly scheduled day and may meet more often upon the call of the chairman.
2. The clerk of the police commission shall give written notice of each special meeting to each member of the police commission at least 1 day before the meeting or by mailing the notice to each members place of residence in the county.
3. The notice shall specify the time, place and purpose of the meeting. If all of the members of the police commission are present at a special meeting, lack of notice shall not invalidate the proceedings.
Sec. 20. The police commission shall:
1. Cause to be prepared and approve an annual operating budget for the department.
2. Submit such budget to the governing bodies of the participating political subdivisions prior to February 1 for funding for the following fiscal year.
3. Cause to be prepared the funding apportionment plan provided for in section 21 of this act and submit such plan to the governing bodies of the participating political subdivisions and the Nevada tax commission for approval. The Nevada tax commission has the final right of approval for such plan and shall act as an arbitrator if the local governing bodies can not agree on the funding apportionment.
4. Cause a new funding apportionment plan to be prepared:
(a) Every 10 years upon ascertaining the results of the national decennial census taken by the Bureau of the Census of the United States Department of Commerce;
κ1973 Statutes of Nevada, Page 918 (CHAPTER 568, SB 340)κ
(b) If the law enforcement agencies of additional cities are merged into an existing department; and
(c) At intervals of not less than 4 years upon request by a majority vote of each of a majority of the governing bodies of the participating political subdivisions. If only one city is participating in a department, the police commission shall prepare a new plan under the provisions of this paragraph only upon request by a majority vote of each of the governing bodies of the participating political subdivisions.
Sec 21. 1. Commencing with the preparation of the budget for the first fiscal year after merger and annually thereafter, the governing bodies of the various participating political subdivisions shall, in determining the amounts of their respective budget items allocated to law enforcement, apportion among all the participating political subdivisions the total anticipated capital and operating costs of the department, as submitted by the police commission, on the basis of a formula which has been approved by the Nevada tax commission.
2. This formula shall take into account all meaningful factors which will produce an equitable distribution of costs among the participating political subdivisions, including but not limited to, comparative:
(a) Population statistics.
(b) Geographic extent of the participating incorporated and unincorporated areas.
(c) Transient population of each of the participating political subdivisions. The number of available hotel and motel rooms in each political subdivision may be considered in determining transient populations.
For the purpose of this subsection, the population, area and facilities attributable to a county do not include the population, areas or facilities of the cities within such county.
Sec. 22. The cost of operation of a department for any period prior to the first full fiscal year after merger shall be allocated on the basis of the final budgets submitted by the participating political subdivisions for the fiscal year in which the merger occurs.
Sec. 23. Upon merger, the county auditor or county comptroller of a county which has a department shall:
1. Create a metropolitan police department fund in the county treasury for the exclusive use of the department.
2. Receive all moneys from the county, participating cities and any other source on behalf of the department and deposit such moneys in the department fund.
3. Issue warrants against the department fund in the manner provided in this chapter.
Sec. 24. The police commission may examine and audit the accounts of all officers having the care, management, collection or disbursement of any money belonging to the department or appropriated by law or otherwise, for its use and benefit.
Sec. 25. The police commission shall examine, settle and allow all accounts legally chargeable against the department.
Sec. 26. 1. Every demand against a department, except the salary of the sheriff, shall be acted upon by the police commission. The demands shall be listed on cumulative voucher sheets, and a copy of such vouchers shall be presented to each member of the police commission.
κ1973 Statutes of Nevada, Page 919 (CHAPTER 568, SB 340)κ
shall be presented to each member of the police commission. When the demands have been approved by a majority of the police commission and the cumulative voucher sheets have been signed by the chairman and secretary of such commission, such demands are valid vouchers in the hands of the county auditor or comptroller for him to issue warrants on the county treasurer to be paid out of the department fund.
2. The county auditor or comptroller shall satisfy himself whether the money is legally due and remains unpaid, and whether the payment thereof from the department fund is authorized by law.
3. If the county auditor or comptroller allows the demand, he shall endorse upon the voucher the word allowed, the name of the department fund, the date of such allowance and sign his name thereto and draw his warrant on the county treasurer for the amount allowed.
Sec. 27. 1. The county auditor or comptroller shall not sign a warrant authorizing the payment of money by the county treasurer until a copy of the order of the police commission allowing the amount and ordering the payment thereof, together with the account, have been submitted to him, and his allowance is endorsed on such order. If the county auditor or comptroller refuses to audit and allow the payment of such warrant, the order shall be presented to the police commission with the refusal of the county auditor or comptroller endorsed thereupon and his reasons for such refusal.
2. If the police commission orders the issuance of such warrant by a unanimous vote of all the members, the county auditor or comptroller shall immediately issue such warrants upon service upon him of a copy of such order of the police commission, certified to by the secretary of the commission, that all members of the commission voted for its passage; otherwise, the account shall be declared rejected, and no warrant shall thereupon issue.
3. If the county auditor or comptroller allows such account in part, a warrant shall only issue for such part, unless the police commission allows a greater sum by a unanimous vote.
4. No warrant shall be drawn by the county auditor or comptroller on the department fund, unless there is sufficient money in the fund to pay the warrant. Any warrant drawn contrary to the provisions of this subsection is void.
Sec. 28. The county auditor or comptroller of a county in which a department is located shall comply with the provisions of NRS 616.405 on behalf of the department.
Sec. 29. Upon the formation of a department, every power and duty conferred or imposed by law upon a county sheriff which relates to law enforcement, and upon a chief of police or police department of any participating city, devolves automatically upon the department.
Sec. 30. The powers of the various participating political subdivisions and the provisions of this chapter shall be construed liberally to effect the merger of the law enforcement agencies of such political subdivisions without administrative difficulty, it being the intention of the legislature that the formation of departments be effected in an orderly manner.
Sec. 31. 1. The chief law enforcement officer, and except as limited or otherwise provided in this chapter the chief administrative officer, in a department is the sheriff of the county in which a department is located.
κ1973 Statutes of Nevada, Page 920 (CHAPTER 568, SB 340)κ
or otherwise provided in this chapter the chief administrative officer, in a department is the sheriff of the county in which a department is located. Except as otherwise specifically provided or limited, such sheriff shall continue to perform all of his duties and retain all of his powers as sheriff of the county.
2. Upon merger, the chief of police of the largest participating city shall be second in command of the department and shall be designated as undersheriff of the department.
3. Upon merger, the chiefs of police of other participating cities, the assistant chiefs of police of other participating cities, the chief deputies or deputy chiefs, or both, and the undersheriff of the county are entitled to obtain employment with the department in positions which their leadership abilities warrant.
4. Upon merger, all persons designated in subsections 2 and 3 shall retain an equivalent rank in the department at least until the expiration of the current term of office of the sheriff, except that such persons may be removed for cause. Each of the persons designated in subsections 2 and 3 shall hold and be entitled to return to the highest civil service rank if he is removed from his appointed position for reasons other than cause requiring termination.
5. The persons selected to fill any of the positions in subsections 2 and 3 shall be selected from the highest civil service rank in the department.
Sec. 32. 1. Employees of the respective law enforcement agencies of the participating political subdivisions, who are so employed at the time of merger, may obtain employment with the department and shall hold positions of rank and grade comparable to their positions prior to merger.
2. Such employees, sworn or civilian, are entitled to suffer no loss in pay, pension, fringe benefits or other job benefits by reason of a merger.
3. Sick leave, longevity and vacation time accrued to such employees in the service of their respective law enforcement agencies shall be credited to them as employees of the department. All rights and accruals of such employees as members of the public employees retirement system pursuant to the Public Employees Retirement Act shall remain in force and shall be automatically transferred from the respective law enforcement agencies to the department.
4. The duties and responsibilities of such employees shall not be diminished by reason of the merger, but their area and division of assignment may be changed at the discretion of the sheriff of the department or his designated administrative representative.
5. Upon merger, the most liberal employee benefits which have been negotiated by the respective employee organizations of the law enforcement agencies of the participating political subdivisions shall be the benefits applicable to the employees of the department.
Sec. 33. 1. Each department shall have a system of civil service, applicable to and governing all employees of the department except elected officers and such other positions as designated by the police commission.
2. The system of civil service shall be governed by a board composed of five civil service trustees appointed by the police commission.
κ1973 Statutes of Nevada, Page 921 (CHAPTER 568, SB 340)κ
Upon creation of such board, the police commission shall appoint one trustee for a term of 2 years, two trustees for terms of 3 years and two trustees for a term of 4 years. Thereafter all trustees shall serve for terms of 4 years.
3. The board shall prepare rules and regulations governing the system of civil service to be adopted by the police commission, but in the case of a county having a population of 200,000 or more which is required to comply with the provisions of this chapter by July 1, 1973, pursuant to section 11 of this act, the initial civil service rules shall be those governing the police department of the largest city in the county, as such rules are modified and approved for such purpose by the law enforcement consolidation committee organized and operating pursuant to resolution of the special committee created by chapter 613, Statutes of Nevada 1971, to study the problems of local government in Clark County. Such rules and regulations shall provide for:
(a) Examination of potential employees;
(b) Recruitment and placement procedures;
(c) Classification of positions;
(d) Procedures for promotion, disciplinary actions and removal of employees; and
(e) Such other matters as the board may consider necessary.
4. Copies of the rules and regulations of the system of civil service shall be distributed to all employees of the department.
5. The board shall appoint a personnel officer to administer the personnel functions of the department according to the policies, rules and regulations of the board, including but not limited to the items enumerated in subsection 3. The personnel officer shall be subject to the administrative supervision of the sheriff of the department.
Sec. 34. 1. A department is a local government employer for the purpose of the Local Government Employee-Management Relations Act.
2. The police commission for such department shall represent a department in negotiations arising under the provisions of chapter 288 of NRS.
Sec. 35. 1. All bonds, contracts, franchises and agreements to which the participating political subdivisions are parties and which relate to law enforcement activity shall inure to the benefit of the department as the successor and assignee of such political subdivisions in matters relating to such activity.
2. No valid claims against the various participating political subdivision arising from law enforcement activity shall be diminished or altered by reason of a merger under this chapter.
3. Merger of the respective law enforcement agencies shall not affect any pending action or proceeding which involves any debt, demand, liability or obligation or which has been brought by or against any participating political subdivision prior to the merger, irrespective of the nature of such matter in litigation.
Sec. 36. 1. Upon merger, the title to and possession of all personal property which is:
(a) Owned or held by, or in trust for, any of the participating political subdivisions, or by their officers or agencies in trust for public use; and
κ1973 Statutes of Nevada, Page 922 (CHAPTER 568, SB 340)κ
(b) Exclusively devoted at the time of merger to the uses and purposes of law enforcement,
shall be vested in and transferred to the department.
2. Property which is required to be transferred under the provisions of this section shall be inventoried and appraised before such transfer in a manner which satisfies the accounting requirements of each participating political subdivision, in order that values may be determined as of the date of transfer.
Sec. 37. 1. Upon merger, the department may possess all real property owned or held by any of the participating political subdivisions for the uses and purposes of law enforcement.
2. Upon a showing of good cause and a two-thirds vote of the police commission, the political subdivision which holds title to such property may repossess such property for public use if the department no longer needs such property for law enforcement purposes.
3. Any jail facility owned or held for and used by a department shall be deemed a county jail for the purpose of state law and county ordinances and a city jail for the purpose of city ordinances.
4. The maintenance costs for any real property owned or held for a department shall be paid by the department.
Sec. 38. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court;
2. Sheriffs of counties and of metropolitan police departments and their deputies;
3. Constables;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department;
12. The state fire marshal and his deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy warden, correctional officers and other employees of the Nevada state prison when carrying out any duties prescribed by the warden of the Nevada state prison;
κ1973 Statutes of Nevada, Page 923 (CHAPTER 568, SB 340)κ
16. Nevada state park system employees designated by the administrator of the Nevada state park system in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;
17. Security officers employed by the board of trustees of any school district;
18. The executive, supervisory and investigative personnel of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140;
19. The director, division chiefs, investigators, agents and other sworn personnel of the department of law enforcement assistance;
20. Field dealer inspectors of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048; and
21. The personnel of the Nevada department of fish and game when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS.
Sec. 39. NRS 207.152 is hereby amended to read as follows:
207.152 1. Each sex offender shall, within 48 hours after July 1, 1961, or thereafter within 48 hours after his arrival in a county in which he resides or is temporarily present for 48 hours or more, register with the sheriff of the county [,] or the metropolitan police department, if any, or with the chief of police, if any, if such sex offender resides or is temporarily present in an incorporated city.
2. Within 10 days after changing his address each such sex offender shall notify in writing the law enforcement agency with which he last registered, and such agency shall forward to the law enforcement agency having jurisdiction of the area in which the new residence is located registration data concerning such sex offender.
Sec. 40. NRS 244.345 is hereby amended to read as follows:
244.345 1. Every person, firm, association of persons or corporation wishing to engage in the business of conducting a billiard or pool hall, dancing hall, bowling alley, theater, [soft-drink] soft drink establishment, gambling game or device permitted by law, or other place of amusement, entertainment or recreation, outside of an incorporated city or incorporated town, shall:
(a) Make application by petition to the license board, as provided in subsection 2, of the county in which any such business is to be engaged in, for a county license of the kind desired. Such application shall be in a form prescribed by the regulations of the license board.
(b) File the application with the required license fee with the county license collector, who shall present the same to the license board at its next regular meeting.
The board may refer the petition to the sheriff, who shall report upon the same at the following regular meeting of the board. The board shall then and there grant or refuse the license prayed for or enter such other order as is consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the sheriff may, in his discretion, grant a temporary permit to an applicant, valid only until the next regular meeting of the board.
κ1973 Statutes of Nevada, Page 924 (CHAPTER 568, SB 340)κ
only until the next regular meeting of the board. In unincorporated towns and cities governed under the provisions of chapter 269 of NRS, the license board shall have the exclusive power to license and regulate the businesses herein set forth.
2. The board of county commissioners [, the sheriff and the district attorney of the] of each county, and the sheriff of any county which does not have a metropolitan police department under the provisions of sections 2 to 37, inclusive, of this act, shall constitute the license board, and the county clerk or other person designated by the license board shall be the clerk thereof, in the respective counties of this state.
3. The license board is empowered and commissioned to act for the purposes of this section (without further compensation to the board or the clerk thereof) as a license board to:
(a) Fix, impose and collect license fees upon the businesses herein mentioned.
(b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.
(c) Adopt, amend and repeal regulations relating to licenses and licensees.
(d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order shall state the reason for suspension or limitation and shall afford the licensee a hearing.
4. The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the businesses mentioned in this section. Notice of such hearing shall be published in a newspaper published in and having general circulation in the county at least once a week for a period of 2 weeks before the hearing.
5. New regulations shall be adopted after public hearing by a vote of at least two-thirds of the members present. Upon adoption of new regulations the board shall designate their effective date, which shall not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations shall be mailed to the address of each licensee and each practicing attorney in the county.
6. Except for the adoption of new regulations a majority vote of the members of the license board present shall govern in the transaction of all business. A majority of the members thereof shall constitute a quorum for the transaction of business.
7. Any person, firm, association of persons or corporation who shall engage in any of the businesses herein mentioned without first having obtained the license and paid the license fee therefor as herein provided shall be guilty of a misdemeanor.
8. In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any female for the purpose of prostitution.
Sec. 41. NRS 244.350 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 925 (CHAPTER 568, SB 340)κ
244.350 1. The board of county commissioners [, the district attorney and the sheriff] in each of the several counties, and the sheriff of any county which does not have a metropolitan police department under the provisions of sections 2 to 37, inclusive, of this act, are empowered and commissioned, for the purposes of this section, to act jointly, without further compensation, as a liquor board, to grant or refuse liquor licenses, and to revoke [the same] such licenses whenever there is, in the judgment of a majority of the board, sufficient reason for such revocation.
2. It is hereby declared to be the power and duty of the liquor board in each of the several counties to enact ordinances:
(a) Regulating the sale of intoxicating liquors in their respective counties.
(b) Fixing the hours of each day during which liquor may be sold or disposed of.
(c) Prescribing the conditions under which liquor may be sold or disposed of.
(d) Prohibiting the employment or service of females or minors in the sale or disposition of liquor.
(e) Prohibiting the sale or disposition of liquor in places where, in the judgment of the board, such sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained.
3. All liquor dealers within any incorporated city or town are to be exempt from the force and effect of this section, and are to be regulated only by the city government therein.
Sec. 41.5. (Deleted by amendment.)
Sec. 42. (Deleted by amendment.)
Sec. 43. NRS 248.040 is hereby amended to read as follows:
248.040 1. [Each] Except as provided in subsection 4, each sheriff shall have power to appoint, in writing signed by him, one or more deputies, who are empowered to perform all the duties devolving on the sheriff of the county.
2. No deputy sheriff shall be qualified to act as such unless he has taken an oath to discharge the duties of the office faithfully and impartially.
The oath shall be certified on the back of his appointment and filed in the office of the county auditor.
3. [The sheriff shall be responsible for all the acts of his deputy or deputies, and] Except as provided in subsection 4, the sheriff may remove [such] his deputy or deputies at pleasure. The sheriff may also require of his deputies such bonds as to him shall seem proper.
4. The sheriff of a metropolitan police department may appoint one or more police officers who shall have the same powers and duties as deputy sheriffs. The appointment and removal of such police officers by the sheriff of a metropolitan police department shall be only in accordance with the provisions of the civil service system for such department.
Sec. 44. NRS 266.190 is hereby amended to read as follows:
266.190 1. The mayor must exercise a careful supervision over the general affairs of the city.
κ1973 Statutes of Nevada, Page 926 (CHAPTER 568, SB 340)κ
2. He shall:
(a) From time to time, give the council information in writing relative to the state of the city, and recommend such measures as he may deem beneficial to the city.
(b) See that all the general laws and ordinances of the city are observed and enforced.
(c) Take all proper measures for the preservation of public peace and order, and the suppression of riots, tumults and all forms of public disturbances, for which purpose he [is authorized to] may, if his city is not participating in a metropolitan police department, appoint extra policemen temporarily [, and to] and use and command the police force. [, or, if the same be inadequate,] If his city is participating in a metropolitan police department, he may request law enforcement assistance from the sheriff. In either case, if local law enforcement forces are inadequate, he shall call upon the governor for military aid in the manner provided by law.
(d) Sign all licenses and warrants and claims against the city.
(e) See that all contracts are fully kept and faithfully performed, and, to that end and in any such case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended at the expense of the city.
(f) Perform such other duties as the council shall prescribe by ordinance.
Sec. 45. NRS 266.530 is hereby amended to read as follows:
266.530 1. There shall be a chief of police in each city [.] which is not participating in a metropolitan police department. He shall be appointed by the mayor, subject to confirmation by the council.
2. The chief of police shall perform such duties as may be designated by ordinance.
Sec. 46. NRS 616.073 is hereby amended to read as follows:
616.073 Volunteer officers attached to a regularly organized and recognized police department, metropolitan police department or sheriffs unit, while engaged in their duties as such in any voluntary community service and while acting under the direction of a sheriff or chief of police, or their deputies or assistants, of any county, metropolitan police department, city or town in the protection of life or property shall be deemed, for the purpose of this chapter, employees of the city, town, metropolitan police department or county so recognizing them, at the wage of $250 per month, and shall be entitled to the benefits of this chapter upon such county, metropolitan police department, city or town complying therewith.
Sec. 47. NRS 616.275 is hereby amended to read as follows:
616.275 Where the state, county, municipal corporation, school district, a metropolitan police department, a city under special charter and commission form of government, or a contractor under the state, county, municipal corporation, school district, a metropolitan police department or a city under special charter and commission form of government, is the employer, the terms, covenants, conditions and provisions of this chapter for the payment of premiums to the state insurance fund and the accident benefit fund, for the payment of compensation and the amount thereof, for such injury sustained by an employee of such employer, shall be conclusive, compulsory and obligatory upon both employer and employee without regard to the number of persons in the service of any such employer.
κ1973 Statutes of Nevada, Page 927 (CHAPTER 568, SB 340)κ
for such injury sustained by an employee of such employer, shall be conclusive, compulsory and obligatory upon both employer and employee without regard to the number of persons in the service of any such employer.
Sec. 48. NRS 616.280 is hereby amended to read as follows:
616.280 Before any person, firm or corporation shall commence work under any contract with the state or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the public authority having charge of the letting of the contract a certificate of the commission certifying that the contractor has complied with the provisions of this chapter.
Sec. 49. NRS 616.405 is hereby amended to read as follows:
616.405 1. As soon as possible after the expiration of each quarter year, [beginning with September 30, 1947, it shall be] it is the duty of every state office, department, board, commission, bureau, agency or institution, operating by authority of law, and the auditor or comptroller of each county, and the clerk of each municipal corporation, city, and school district, to furnish the commission with a true and accurate payroll of the state office, department, board, commission, bureau, agency or institution, and county, metropolitan police department, municipal corporation, city, or school district, or contractor or subcontractor under the state office, department, board, commission, bureau, agency, institution, county, municipal corporation, city, or school district, showing:
(a) The aggregate number of shifts worked during the preceding quarter.
(b) The total amount paid to employees for services performed during the quarter.
(c) A segregation of employment in accordance with the requirements of the commission.
2. It shall be the duty of each of the state offices, departments, boards, commissions, bureaus, agencies and institutions to submit claims for the amount of premiums due to the commission; and it shall be the duty of each of the auditors, comptrollers and clerks to make up and submit to the respective governing boards of each county, metropolitan police department, municipal corporation, city, and school district, for approval, claims for the amount of premiums due the commission; and the state offices, departments, boards, commissions, bureaus, agencies, institutions, county auditor [,] or comptroller, city clerk, or clerk of school district shall deduct the amount of the claims for such premiums concerning the payrolls of their respective contractors or subcontractors, as provided for herein, from any settlement with any contractor or subcontractor.
Sec. 50. Section 1.090 of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1065, is hereby amended to read as follows:
Section 1.090 Appointive offices.
1. The board of commissioners of the city shall appoint the following officers:
(a) City manager.
(b) Five civil service trustees.
κ1973 Statutes of Nevada, Page 928 (CHAPTER 568, SB 340)κ
2. The city manager shall appoint the following officers, subject to ratification by the board of commissioners:
(a) Director of finance.
(b) Director of public works.
(c) Director of parks and recreation.
(d) [Chief of police.
(e)] Fire chief.
[(f)] (e) City clerk.
[(g)] (f) Such other officers as may be necessary.
3. The board of commissioners shall prescribe by ordinance the duties of all appointive officers.
Sec. 51. Section 2.080 of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1067, is hereby amended to read as follows:
Section 2.080 Revocation of work permit; appeal to board of commissioners. Whenever under the provisions of any city ordinance a person is required to obtain a work permit or identification card from the [chief of police or other] sheriff of the metropolitan police department or a city officer as a condition of employment in any establishment determined to be privileged by the board of commissioners, and licensed by the city, and such work permit or identification card is revoked or suspended by the [chief of police or other] sheriff or city officer, the person aggrieved may appeal therefrom to the board of commissioners.
Sec. 52. Section 3.080 of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1075, is hereby repealed.
Sec. 53. 1. Sections 38 and 50 to 52, inclusive, of this act shall become effective at 12:01 a.m. on July 1, 1973.
2. The remaining sections of this act shall become effective on July 1, 1973.
________
Assembly Bill No. 453Messrs. Torvinen, Fry, Bremner, Barengo, Capurro, Hayes and Demers
CHAPTER 569
AN ACT relating to commercial transactions; substantially revising article 9 of the Uniform Commercial Code relating to secured transactions; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 104.1105 is hereby amended to read as follows:
104.1105 1. Except as provided hereafter in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this chapter applies to transactions bearing an appropriate relation to this state.
κ1973 Statutes of Nevada, Page 929 (CHAPTER 569, AB 453)κ
agreement this chapter applies to transactions bearing an appropriate relation to this state.
2. Where one of the following provisions of this chapter specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:
Rights of creditors against sold goods. NRS 104.2402.
Applicability of the article on bank deposits and collections. NRS 104.4102.
Bulk transfers subject to the article on bulk transfers. NRS 104.6102.
Applicability of the article on investment securities. NRS 104.8106.
[Policy and scope of the article on secured transactions. NRS 104.9102 and 104.9103.]
Perfection provisions of the article on secured transactions. NRS 104.9103.
Sec. 2. NRS 104.1110 is hereby amended to read as follows:
104.1110 1. Transactions validly entered into before March 1, 1967, and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though such repeal or amendment had not occurred.
2. Transactions validly entered into after March 1, 1967, and before July 1, 1975, which were subject to the provisions of this chapter before July 1, 1975, and which would be subject to the provisions of this chapter as amended effective July 1, 1975, if they had been entered into after July 1, 1975, and the rights, duties and interests flowing from such transactions remain valid after July 1, 1975, and may be terminated, completed, consummated or enforced as required or permitted by this chapter as amended effective July 1, 1975. Security interests arising out of such transactions which are perfected on July 1, 1975, shall remain perfected until they lapse as provided by this chapter as amended effective July 1, 1975, and may be continued as permitted by this chapter as amended effective July 1, 1975, except as stated in section 38 of this act.
Sec. 3. NRS 104.1201 is hereby amended to read as follows:
104.1201 Subject to additional definitions contained in the subsequent articles of this chapter which are applicable to specific articles or parts thereof, and unless the context otherwise requires, in this chapter:
1. Action in the sense of a judicial proceeding includes recoupment, counterclaim, setoff, suit in equity and any other proceedings in which rights are determined.
2. Aggrieved party means a party entitled to resort to a remedy.
3. Agreement means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter (NRS 104.1205 and 104.2208). Whether an agreement has legal consequences is determined by the provisions of this chapter, if applicable; otherwise by the law of contracts (NRS 104.1103). (Compare contract.)
κ1973 Statutes of Nevada, Page 930 (CHAPTER 569, AB 453)κ
4. Bank means any person engaged in the business of banking.
5. Bearer means the person in possession of an instrument, document of title, or security payable to bearer or endorsed in blank.
6. Bill of lading means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods, and includes an airbill. Airbill means a document serving for air transportation as a bill of lading does for marine or rail transportation, and includes an air consignment note or air waybill.
7. Branch includes a separately incorporated foreign branch of a bank.
8. Burden of establishing a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its nonexistence.
9. Buyer in ordinary course of business means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. All persons who sell minerals or the like (including oil and gas) at wellhead or minehead shall be deemed to be persons in the business of selling goods of that kind. Buying may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
10. A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. A printed heading in capitals (as: Nonnegotiable Bill of Lading) is conspicuous. Language in the body of a form is conspicuous if it is in larger or other contrasting type or color. But in a telegram any stated term is conspicuous. Whether a term or clause is conspicuous or not is for decision by the court.
11. Contract means the total legal obligation which results from the parties agreement as affected by this chapter and any other applicable rules of law. (Compare agreement.)
12. Creditor includes a general creditor, a secured creditor, a lien creditor and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity and an executor or administrator of an insolvent debtors or assignors estate.
13. Defendant includes a person in the position of defendant in a cross-action or counterclaim.
14. Delivery with respect to instruments, documents of title, chattel paper or securities means voluntary transfer of possession.
15. Document of title includes bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold and dispose of the document and the goods it covers. To be a document of title a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailees possession which are either identified or are fungible portions of an identified mass.
κ1973 Statutes of Nevada, Page 931 (CHAPTER 569, AB 453)κ
possession which are either identified or are fungible portions of an identified mass.
16. Fault means wrongful act, omission or breach.
17. Fungible with respect to goods or securities means goods or securities of which any unit is, by nature or usage of trade, the equivalent of any other like unit. Goods which are not fungible shall be deemed fungible for the purposes of this chapter to the extent that under a particular agreement or document unlike units are treated as equivalents.
18. Genuine means free of forgery or counterfeiting.
19. Good faith means honesty in fact in the conduct or transaction concerned.
20. Holder means a person who is in possession of a document of title or an instrument or an investment security drawn, issued or endorsed to him or to his order or to bearer or in blank.
21. To honor is to pay or to accept and pay, or where a credit so engages to purchase or discount a draft complying with the terms of the credit.
22. Insolvency proceedings includes any assignment for the benefit of creditors or other proceedings intended to liquidate or rehabilitate the estate of the person involved.
23. A person is insolvent who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is insolvent within the meaning of the federal bankruptcy law.
24. Money means a medium of exchange authorized or adopted by a domestic or foreign government as a part of its currency.
25. A person has notice of a fact when:
(a) He has actual knowledge of it; or
(b) He has received a notice or notification of it; or
(c) From all the facts and circumstances known to him at the time in question he has reason to know that it exists.
A person knows or has knowledge of a fact when he has actual knowledge of it. Discover or learn or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by this chapter.
26. A person notifies or gives a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not such other actually comes to know of it. A person receives a notice or notification when:
(a) It comes to his attention; or
(b) It is duly delivered at the place of business through which the contract was made or at any other place held out by him as the place for receipt of such communications.
27. Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time when it is brought to the attention of the individual conducting that transaction, and in any event from the time when it would have been brought to his attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines.
κ1973 Statutes of Nevada, Page 932 (CHAPTER 569, AB 453)κ
exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless such communication is part of his regular duties or unless he has reason to know of the transaction and that the transaction would be materially affected by the information.
28. Organization includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
29. Party, as distinct from third party, means a person who has engaged in a transaction or made an agreement within this chapter.
30. Person includes an individual or an organization (see NRS 104.1102).
31. Presumption or presumed means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.
32. Purchase includes taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift or any other voluntary transaction creating an interest in property.
33. Purchaser means a person who takes by purchase.
34. Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.
35. Representative includes an agent, an officer of a corporation or association, and a trustee, executor or administrator of an estate, or any other person empowered to act for another.
36. Rights includes remedies.
37. Security interest means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (NRS 104.2401) is limited in effect to a reservation of a security interest. The term also includes any interest of a buyer of accounts [,] or chattel paper [or contract rights] which is subject to article 9. The special property interest of a buyer of goods on identification of such goods to a contract for sale under NRS 104.2401 is not a security interest, but a buyer may also acquire a security interest by complying with article 9. Unless a lease or consignment is intended as security, reservation of title thereunder is not a security interest but a consignment is in any event subject to the provisions on consignment sales (NRS 104.2326). Whether a lease is intended as security is to be determined by the facts of each case; however,
(a) The inclusion of an option to purchase does not of itself make the lease one intended for security; and
(b) An agreement that upon compliance with the terms of the lease the lessee shall become or has the option to become the owner of the property for no additional consideration or for a nominal consideration does make the lease one intended for security.
38. Send in connection with any writing or notice means to deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and in the case of an instrument to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances.
κ1973 Statutes of Nevada, Page 933 (CHAPTER 569, AB 453)κ
in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and in the case of an instrument to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances. The receipt of any writing or notice within the time at which it would have arrived if properly sent has the effect of a proper sending.
39. Signed includes any symbol executed or adopted by a party with present intention to authenticate a writing.
40. Surety includes guarantor.
41. Telegram includes a message transmitted by radio, teletype, cable, any mechanical method of transmission, or the like.
42. Term means that portion of an agreement which relates to a particular matter.
43. Unauthorized signature or endorsement means one made without actual, implied or apparent authority and includes a forgery.
44. Except as otherwise provided with respect to negotiable instruments and bank collections (NRS 104.3303, 104.4208 and 104.4209) a person gives value for rights if he acquires them:
(a) In return for a binding commitment to extend credit or for the extension of immediately available credit whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; or
(b) As security for or in total or partial satisfaction of a preexisting claim; or
(c) By accepting delivery pursuant to a preexisting contract for purchase; or
(d) Generally, in return for any consideration sufficient to support a simple contract.
45. Warehouse receipt means a receipt issued by a person engaged in the business of storing goods for hire.
46. Written or writing including printing, typewriting or any other intentional reduction to tangible form.
Sec. 4. NRS 104.2107 is hereby amended to read as follows:
104.2107 1. A contract for the sale of [timber,] minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this article if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.
2. A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection 1 or of timber to be cut is a contract for the sale of goods within this article whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.
3. The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyers rights under the contract for sale.
κ1973 Statutes of Nevada, Page 934 (CHAPTER 569, AB 453)κ
may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyers rights under the contract for sale.
Sec. 5. NRS 104.5116 is hereby amended to read as follows:
104.5116 1. The right to draw under a credit can be transferred or assigned only when the credit is expressly designated as transferable or assignable.
2. Even though the credit specifically states that it is nontransferable or nonassignable the beneficiary may before performance of the conditions of the credit assign his right to proceeds. Such an assignment is an assignment of [a contract right] an account under article 9 on secured transactions and is governed by that article except that:
(a) The assignment is ineffective until the letter of credit or advice of credit is delivered to the assignee which delivery constitutes perfection of the security interest under article 9; and
(b) The issuer may honor drafts or demands for payment drawn under the credit until it receives a notification of the assignment signed by the beneficiary which reasonably identifies the credit involved in the assignment and contains a request to pay the assignee; and
(c) After what reasonably appears to be such a notification has been received the issuer may without dishonor refuse to accept or pay even to a person otherwise entitled to honor until the letter of credit or advice of credit is exhibited to the issuer.
As used in paragraphs (b) and (c) of this subsection, the word issuer includes any confirming bank.
3. Except where the beneficiary has effectively assigned his right to draw or his right to proceeds, nothing in this section limits his right to transfer or negotiate drafts or demands drawn under the credit.
Sec. 6. NRS 104.9102 is hereby amended to read as follows:
104.9102 1. Except as otherwise provided [in NRS 104.9103 on multiple state transactions and] in NRS 104.9104 on excluded transactions, this article applies: [so far as concerns any personal property and fixtures within the jurisdiction of this state:]
(a) To any transaction (regardless of its form) which is intended to create a security interest in personal property or fixtures including goods, documents, instruments, general intangibles, chattel paper [,] or accounts; [or contract rights;] and also
(b) To any sale of accounts [, contract rights] or chattel paper.
2. This article applies to security interests created by contract including pledge, assignment, chattel mortgage, chattel trust, trust deed, factors lien, equipment trust, conditional sale, trust receipt, other lien or title retention contract and lease or consignment intended as security. This article does not apply to statutory liens except as provided in NRS 104.9310.
3. The application of this article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this article does not apply.
Sec. 7. NRS 104.9103 is hereby amended to read as follows:
104.9103 [1. If the office where the assignor of accounts or contract rights keeps his records concerning them is in this state, the validity and perfection of a security interest therein and the possibility and effect of proper filing is governed by this article; otherwise by the law (including the conflict of laws rules) of the jurisdiction where such office is located.
κ1973 Statutes of Nevada, Page 935 (CHAPTER 569, AB 453)κ
validity and perfection of a security interest therein and the possibility and effect of proper filing is governed by this article; otherwise by the law (including the conflict of laws rules) of the jurisdiction where such office is located.
2. If the chief place of business of a debtor is in this state, this article governs the validity and perfection of a security interest and the possibility and effect of proper filing with regard to general intangibles or with regard to goods of a type which are normally used in more than one jurisdiction (such as automotive equipment, rolling stock, airplanes, roadbuilding equipment, commercial harvesting equipment, construction machinery and the like) if such goods are classified as equipment or classified as inventory by reason of their being leased by the debtor to others. Otherwise, the law (including the conflict of laws rules) of the jurisdiction where such chief place of business is located shall govern. If the chief place of business is located in a jurisdiction which does not provide for perfection of the security interest by filing or recording in that jurisdiction, then the security interest may be perfected by filing in this state. For the purpose of determining the validity and perfection of a security interest in an airplane, the chief place of business of a debtor who is a foreign air carrier under the Federal Aviation Act of 1958, as amended, is the designated office of the agent upon whom service of process may be made on behalf of the debtor.
3. If personal property other than that governed by subsections 1 and 2 is already subject to a security interest when it is brought into this state, the validity of the security interest in this state is to be determined by the law (including the conflict of laws rules) of the jurisdiction where the property was when the security interest attached. However, if the parties to the transaction understood at the time that the security interest attached that the property would be kept in this state and it was brought into this state within 30 days after the security interest attached for purposes other than transportation through this state, then the validity of the security interest in this state is to be determined by the law of this state. If the security interest was already perfected under the law of the jurisdiction where the property was when the security interest attached and before being brought into this state, the security interest continues perfected in this state for 4 months and also thereafter if within the 4-month period it is perfected in this state. The security interest may also be perfected in this state after the expiration of the 4-month period; in such case perfection dates from the time of perfection in this state. If the security interest was not perfected under the law of the jurisdiction where the property was when the security interest attached and before being brought into this state, it may be perfected in this state; in such case perfection dates from the time of perfection in this state.
4. Notwithstanding subsections 2 and 3, if personal property is covered by a certificate of title issued under a statute of this state or any other jurisdiction which requires indication on a certificate of title of any security interest in the property as a condition of perfection, then the perfection is governed by the law of the jurisdiction which issued the certificate.
5. Notwithstanding subsection 1 and NRS 104.9302, if the office where the assignor of accounts or contract rights keeps his records concerning them is not located in a jurisdiction which is a part of the United States, its territories or possessions, and the accounts or contract rights are within the jurisdiction of this state or the transaction which creates the security interest otherwise bears an appropriate relation to this state, this article governs the validity and perfection of the security interest and the security interest may only be perfected by notification to the account debtor.]
κ1973 Statutes of Nevada, Page 936 (CHAPTER 569, AB 453)κ
where the assignor of accounts or contract rights keeps his records concerning them is not located in a jurisdiction which is a part of the United States, its territories or possessions, and the accounts or contract rights are within the jurisdiction of this state or the transaction which creates the security interest otherwise bears an appropriate relation to this state, this article governs the validity and perfection of the security interest and the security interest may only be perfected by notification to the account debtor.]
1. Documents, instruments and ordinary goods.
(a) This subsection applies to documents and instruments and to goods other than those covered by a certificate of title described in subsection 2, mobile goods described in subsection 3 and minerals described in subsection 5.
(b) Except as otherwise provided in this subsection, perfection and the effect of perfection or nonperfection of a security interest in collateral are governed by the law of the jurisdiction where the collateral is when the last event occurs on which is based the assertion that the security interest is perfected or unperfected.
(c) If the parties to a transaction creating a purchase money security interest in goods in one jurisdiction understand at the time that the security interest attaches that the goods will be kept in another jurisdiction, then the law of the other jurisdiction governs the perfection and the effect of perfection or nonperfection of the security interest from the time it attaches until 30 days after the debtor receives possession of the goods and thereafter if the goods are taken to the other jurisdiction before the end of the 30-day period.
(d) When collateral is brought into and kept in this state while subject to a security interest perfected under the law of the jurisdiction from which the collateral was removed, the security interest remains perfected, but if action is required by part 3 of this article to perfect the security interest:
(1) If the action is not taken before the expiration of the period of perfection in the other jurisdiction or the end of 4 months after the collateral is brought into this state, whichever period first expires, the security interest becomes unperfected at the end of that period and is thereafter deemed to have been unperfected as against a person who became a purchaser after removal;
(2) If the action is taken before the expiration of the period specified in subparagraph (1), the security interest continues perfected thereafter;
(3) For the purpose of priority over a buyer of consumer goods (subsection 2 of NRS 104.9307), the period of the effectiveness of a filing in the jurisdiction from which the collateral is removed is governed by the rules with respect to perfection in subparagraphs (1) and (2).
2. Certificate of title.
(a) This subsection applies to goods covered by a certificate of title issued under a statute of this state or of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection.
(b) Except as otherwise provided in this subsection, perfection and the effect of perfection or nonperfection of the security interest are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until 4 months after the goods are removed from that jurisdiction and thereafter until the goods are registered in another jurisdiction, but in any event not beyond surrender of the certificate.
κ1973 Statutes of Nevada, Page 937 (CHAPTER 569, AB 453)κ
effect of perfection or nonperfection of the security interest are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until 4 months after the goods are removed from that jurisdiction and thereafter until the goods are registered in another jurisdiction, but in any event not beyond surrender of the certificate. After the expiration of that period, the goods are not covered by the certificate of title within the meaning of this section.
(c) Except with respect to the rights of a buyer described in the next paragraph, a security interest, perfected in another jurisdiction otherwise than by notation on a certificate of title, in goods brought into this state and thereafter covered by a certificate of title issued by this state is subject to the rules stated in paragraph (d) of subsection 1.
(d) If goods are brought into this state while a security interest therein is perfected in any manner under the law of the jurisdiction from which the goods are removed and a certificate of title is issued by this state and the certificate does not show that the goods are subject to the security interest or that they may be subject to security interests not shown on the certificate, the security interest is subordinate to the rights of a buyer of the goods who is not in the business of selling goods of that kind to the extent that he gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest.
3. Accounts, general intangibles and mobile goods.
(a) This subsection applies to accounts (other than an account described in subsection 5 on minerals) and general intangibles and to goods which are mobile and which are of a type normally used in more than one jurisdiction, such as motor vehicles, trailers, rolling stock, airplanes, shipping containers, roadbuilding and construction machinery and commercial harvesting machinery and the like, if the goods are equipment or are inventory leased or held for lease by the debtor to others, and are not covered by a certificate of title described in subsection 2.
(b) The law (including the conflict of laws rules) of the jurisdiction in which the debtor is located governs the perfection and the effect of perfection or nonperfection of the security interest.
(c) If, however, the debtor is located in a jurisdiction which is not a part of the United States, and which does not provide for perfection of the security interest by filing or recording in that jurisdiction, the law of the jurisdiction in the United States in which the debtor has its major executive office in the United States governs the perfection and the effect of perfection or nonperfection of the security interest through filing. In the alternative, if the debtor is located in a jurisdiction which is not a part of the United States or Canada and the collateral is accounts or general intangibles for money due or to become due, the security interest may be perfected by notification to the account debtor. As used in this paragraph, United States includes its territories and possessions and the Commonwealth of Puerto Rico.
(d) A debtor shall be deemed located at his place of business if he has one, at his chief executive office if he has more than one place of business, otherwise at his residence. If, however, the debtor is a foreign air carrier under the Federal Aviation Act of 1958, as amended, it shall be deemed located at the designated office of the agent upon whom service of process may be made on behalf of the foreign air carrier.
κ1973 Statutes of Nevada, Page 938 (CHAPTER 569, AB 453)κ
carrier under the Federal Aviation Act of 1958, as amended, it shall be deemed located at the designated office of the agent upon whom service of process may be made on behalf of the foreign air carrier.
(e) A security interest perfected under the law of the jurisdiction of the location of the debtor is perfected until the expiration of 4 months after a change of the debtors location to another jurisdiction or until perfection would have ceased by the law of the first jurisdiction, whichever period first expires. Unless perfected in the new jurisdiction before the end of that period, it becomes unperfected thereafter and is deemed to have been unperfected as against a person who became a purchaser after the change.
4. Chattel paper. The rules stated for goods in subsection 1 apply to a possessory security interest in chattel paper. The rules stated for accounts in subsection 3 apply to a nonpossessory security interest in chattel paper, but the security interest may not be perfected by notification to the account debtor.
5. Minerals. Perfection and the effect of perfection or nonperfection of a security interest which is created by a debtor who has an interest in minerals or the like (including oil and gas) before extraction and which attaches thereto as extracted or which attaches to an account resulting from the sale thereof at the wellhead or minehead are governed by the law (including the conflict of laws rules) of the jurisdiction wherein the wellhead or minehead is located.
Sec. 8. NRS 104.9104 is hereby amended to read as follows:
104.9104 This article does not apply:
1. To a security interest subject to any statute of the United States such as the Ship Mortgage Act, 1920, to the extent that such statute governs the rights of parties to and third parties affected by transactions in particular types of property; or
2. To a landlords lien; or
3. To a lien given by statute or other rule of law for services or materials except as provided in NRS 104.9310, on priority of such liens; or
4. To a transfer of a claim for wages, salary or other compensation of an employee; or
5. [To an equipment trust covering railway rolling stock;] To a transfer by a government or governmental subdivision or agency; or
6. To a sale of accounts [, contract rights] or chattel paper as part of a sale of the business out of which they arose, or an assignment of accounts [, contract rights] or chattel paper which is for the purpose of collection only, or a transfer of a [contract] right to payment under a contract to an assignee who is also to do the performance under the contract [;] or a transfer of a single account to an assignee in whole or partial satisfaction of a preexisting indebtedness; or
7. To a transfer of an interest or claim in or under any policy of insurance [;] , except as provided with respect to proceeds (NRS 104.9306) and priorities in proceeds (NRS 104.9312); or
8. To a right represented by a judgment [;] (other than a judgment taken on a right to payment which was collateral); or
9. To any right of setoff; or
κ1973 Statutes of Nevada, Page 939 (CHAPTER 569, AB 453)κ
10. Except to the extent that provision is made for fixtures in NRS 104.9313, to the creation or transfer of an interest in or lien on real estate, including a lease or rents thereunder; or
11. To a transfer in whole or in part of [any of the following: Any] any claim arising out of tort; [any deposit, savings, passbook or like account maintained with a bank, savings and loan association, credit union or like organization.] or
12. To a transfer of an interest in any deposit account (subsection 1 of NRS 104.9105), except as provided with respect to proceeds (NRS 104.9306) and priorities in proceeds (NRS 104.9312).
Sec. 9. NRS 104.9105 is hereby amended to read as follows:
104.9105 1. In this article unless the context otherwise requires:
(a) Account debtor means the person who is obligated on an account, chattel paper [, contract right] or general intangible.
(b) Chattel paper means a writing or writings which evidence both a monetary obligation and a security interest in or a lease of specific goods [.] but a charter or other contract involving the use or hire of a vessel is not chattel paper. When a transaction is evidenced both by such a security agreement or a lease and by an instrument or a series of instruments, the group of writings taken together constitutes chattel paper.
(c) Collateral means the property subject to a security interest, and includes accounts [, contract rights] and chattel paper which have been sold.
(d) Debtor means the person who owes payment or other performance of the obligation secured, whether or not he owns or has rights in the collateral, and includes the seller of accounts [, contract rights] or chattel paper. Where the debtor and the owner of the collateral are not the same person, the term debtor means the owner of the collateral in any provision of the article dealing with the collateral, the obligor in any provision dealing with the obligation, and may include both where the context so requires.
(e) Deposit account means a demand, time, savings, passbook or like account maintained with a bank, savings and loan association, credit union or like organization, other than an account evidenced by a certificate of deposit.
(f) Document means document of title as defined in the general definitions of article 1 (NRS 104.1201) [.] , and a receipt of the kind described in subsection 2 of NRS 104.7201.
(g) Encumbrance includes real estate mortgages and other liens on real estate and all other rights in real estate that are not ownership interests.
[(f)] (h) Goods includes all things which are movable at the time the security interest attaches or which are fixtures (NRS 104.9313), but does not include money, documents, instruments, accounts, chattel paper, general intangibles [, contract rights and other things in action.] or minerals or the like (including oil and gas) before extraction. Goods also include standing timber which is to be cut and removed under a conveyance or contract for sale, the unborn young of animals and growing crops.
[(g)] (i) Instrument means a negotiable instrument (defined in NRS 104.3104), or a security (defined in NRS 104.8102) or any other writing which evidences a right to the payment of money and is not itself a security agreement or lease and is of a type which is in ordinary course of business transferred by delivery with any necessary endorsement or assignment.
κ1973 Statutes of Nevada, Page 940 (CHAPTER 569, AB 453)κ
writing which evidences a right to the payment of money and is not itself a security agreement or lease and is of a type which is in ordinary course of business transferred by delivery with any necessary endorsement or assignment.
(j) Mortgage means a consensual interest created by a real estate mortgage, a trust deed on real estate or the like.
(k) An advance is made pursuant to commitment if the secured party has bound himself to make it, whether or not a subsequent event of default or other event not within his control has relieved or may relieve him from his obligation.
[(h)] (l) Security agreement means an agreement which creates or provides for a security interest.
[(i)] (m) Secured party means a lender, seller or other person in whose favor there is a security interest, including a person to whom accounts [, contract rights] or chattel paper have been sold. When the holders of obligations issued under an indenture of trust, equipment trust agreement or the like are represented by a trustee or other person, the representative is the secured party.
(n) Transmitting utility means any person primarily engaged in the railroad, street railway or trolley bus business, the electric or electronics communications transmission business, the transmission of goods by pipeline, or the transmission or the production and transmission of electricity, steam, gas or water, or the provision of sewer service.
2. Other definitions applying to this article and the sections in which they appear are:
Account. NRS 104.9106.
Attach. NRS 104.9230.
Construction mortgage. NRS 104.9313.
Consumer goods. Subsection 1 of NRS 104.9109.
[Contract right. NRS 104.9106.]
Equipment. Subsection 2 of NRS 104.9109.
Farm products. Subsection 3 of NRS 104.9109.
Fixture. NRS 104.9313.
Fixture filing. NRS 104.9313.
General intangibles. NRS 104.9106.
Inventory. Subsection 4 of NRS 104.9109.
Lien creditor. Subsection 5 of NRS 104.9301.
Proceeds. Subsection 1 of NRS 104.9306.
Purchase money security interest. NRS 104.9107.
United States. NRS 104.9103.
3. The following definitions in other articles apply to this article:
Check. NRS 104.3104.
Contract for sale. NRS 104.2106.
Holder in due course. NRS 104.3302.
Note. NRS 104.3104.
Sale. NRS 104.2106.
4. In addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
κ1973 Statutes of Nevada, Page 941 (CHAPTER 569, AB 453)κ
Sec. 10 NRS 104.9106 is hereby amended to read as follows:
104.9106 Account means any right to payment for goods sold or leased or for services rendered which is not evidenced by an instrument or chattel paper [. Contract right means any right to payment under a contract not yet earned by performance and not evidenced by an instrument or chattel paper.] , whether or not it has been earned by performance. General intangibles means any personal property (including things in action) other than goods, accounts, [contract rights,] chattel paper, documents, [and] instruments [.] and money.
Sec. 11. Chapter 104 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A person who delivers goods under a consignment which is not a security interest and who would be required to file under this article by paragraph (c) of subsection 3 of NRS 104.2326 has priority over a secured party who is or becomes a creditor of the consignee and who would have a perfected security interest in the goods if they were the property of the consignee, and also has priority with respect to identifiable cash proceeds received on or before delivery of the goods to a buyer, if:
(a) The consignor complies with the filing provision of the article on sales with respect to consignments (paragraph (c) of subsection 3 of NRS 104.2326) before the consignee receives possession of the goods; and
(b) The consignor gives notification in writing to the holder of the security interest if the holder has filed a financing statement covering the same types of goods before the date of the filing made by the consignor; and
(c) The holder of the security interest receives the notification within 5 years before the consignee receives possession of the goods; and
(d) The notification states that the consignor expects to deliver goods on consignment to the consignee, describing the goods by item or type.
2. In the case of a consignment which is not a security interest and in which the requirements of the preceding subsection have not been met, a person who delivers goods to another is subordinate to a person who would have a perfected security interest in the goods if they were the property of the debtor.
Sec. 12. NRS 104.9203 is hereby amended to read as follows:
104.9203 1. Subject to the provisions of NRS 104.4208 on the security interest of a collecting bank and NRS 104.9113 on a security interest arising under the article on sales, a security interest is not enforcible against the debtor or third parties with respect to the collateral and does not attach unless:
(a) The collateral is in the possession of the secured party [; or
(b) The debtor has signed a security agreement which contains a description of the collateral and in addition, when the security interest covers crops or oil, gas or minerals to be extracted or timber to be cut, a description of the land concerned. In describing collateral, the word proceeds is sufficient without further description to cover proceeds of any character.
2.] pursuant to agreement, or the debtor has signed a security agreement which contains a description of the collateral and in addition, when the security interest covers crops growing or to be grown or timber to be cut, a description of the land concerned; and
κ1973 Statutes of Nevada, Page 942 (CHAPTER 569, AB 453)κ
(b) Value has been given; and
(c) The debtor has rights in the collateral.
2. A security interest attaches when it becomes enforcible against the debtor with respect to the collateral. Attachment occurs as soon as all of the events specified in subsection 1 have taken place unless explicit agreement postpones the time of attaching.
3. Unless otherwise agreed a security agreement gives the secured party the rights to proceeds provided by NRS 104.9306.
4. A transaction, although subject to this article, is also subject to chapters 97, 646, 649, and 675 of NRS and to NRS 482.516 and 482.5161, and in the case of conflict between the provisions of this article and any such statute, the provisions of such statute control. Failure to comply with any applicable statute has only the effect which is specified therein.
Sec. 13. NRS 104.9204 is hereby amended to read as follows:
104.9204 1. [A security interest cannot attach until there is agreement (subsection 3 of NRS 104.1201) that it attach and value is given and the debtor has rights in the collateral. It attaches as soon as all of the events in the preceding sentence have taken place unless explicit agreement postpones the time of attaching.
2. For the purposes of this section the debtor has no rights:
(a) In crops until they are planted or otherwise become growing crops, in the young of livestock until they are conceived.
(b) In fish until caught, in oil, gas or minerals until they are extracted, in timber until it is cut.
(c) In a contract right until the contract has been made.
(d) In an account until it comes into existence.
3. Except as provided in subsection 4 a security agreement may provide that collateral, whenever acquired, shall secure all obligations covered by the security agreement.
4.] Except as provided in subsection 2, a security agreement may provide that any or all obligations covered by the security agreement are to be secured by after-acquired collateral.
2. No security interest attaches under an after-acquired property clause to consumer goods other than accessions (NRS 104.9314) when given as additional security unless the debtor acquires rights in them within 10 days after the secured party gives value.
[5.] 3. Obligations covered by a security agreement may include future advances or other value whether or not the advances or value are given pursuant to commitment [.] (subsection 1 of NRS 104.9105).
Sec. 14. NRS 104.9205 is hereby amended to read as follows:
104.9205 A security interest is not invalid or fraudulent against creditors by reason of liberty in the debtor to use, commingle or dispose of all or part of the collateral (including returned or repossessed goods) or to collect or compromise accounts [, contract rights] or chattel paper, or to accept the return of goods or make repossessions, or to use, commingle or dispose of proceeds, or by reason of the failure of the secured party to require the debtor to account for proceeds or replace collateral. This section does not relax the requirements of possession where perfection of a security interest depends upon possession of the collateral by the secured party or by a bailee.
κ1973 Statutes of Nevada, Page 943 (CHAPTER 569, AB 453)κ
Sec. 15. NRS 104.9301 is hereby amended to read as follows:
104.9301 1. Except as otherwise provided in subsection 2, an unperfected security interest is subordinate to the rights of:
(a) Persons entitled to priority under NRS 104.9312.
(b) A person who becomes a lien creditor [without knowledge of the security interest and] before [it] the security interest is perfected.
(c) In the case of goods, instruments, documents and chattel paper, a person who is not a secured party and who is a transferee in bulk or other buyer not in ordinary course of business, or is a buyer of farm products in ordinary course of business, to the extent that he gives value and receives delivery of the collateral without knowledge of the security interest and before it is perfected.
(d) In the case of accounts [, contract rights] and general intangibles, a person who is not a secured party and who is a transferee to the extent that he gives value without knowledge of the security interest and before it is perfected.
2. If the secured party files with respect to a purchase money security interest before or within 10 days after the debtor receives possession of the collateral, [comes into possession of the debtor,] he takes priority over the rights of a transferee in bulk or of a lien creditor which arise between the time the security interest attaches and the time of filing.
3. A lien creditor means a creditor who has acquired a lien on the property involved by attachment, levy or the like and includes an assignee for benefit of creditors from the time of assignment, and a trustee in bankruptcy from the date of filing of the petition or a receiver in equity from the time of appointment. [Unless all the creditors represented had knowledge of the security interest such a representative of creditors is a lien creditor without knowledge even though he personally has knowledge of the security interest.]
4. A person who becomes a lien creditor while a security interest is perfected takes subject to the security interest only to the extent that it secures advances made before he becomes a lien creditor or within 45 days thereafter or made without knowledge of the lien or pursuant to a commitment entered into without knowledge of the lien.
Sec. 16. NRS 104.9302 is hereby amended to read as follows:
104.9302 1. A financing statement must be filed to perfect all security interests except the following:
(a) A security interest in collateral in possession of the secured party under NRS 104.9305.
(b) A security interest temporarily perfected in instruments or documents without delivery under NRS 104.9304 or in proceeds for a 10-day period under NRS 104.9306.
(c) A [purchase money security interest in farm equipment having a purchase price not in excess of $2,500; but filing is required for a fixture under NRS 104.9313 or for a motor vehicle required to be licensed.] security interest created by an assignment of a beneficial interest in a trust or a decedents estate.
(d) A purchase money security interest in consumer goods; but filing is required for a [fixture under NRS 104.9313 or for a motor vehicle required to be licensed.] motor vehicle required to be registered; and fixture filing is required for priority over conflicting interests in fixtures to the extent provided in NRS 104.9313.
κ1973 Statutes of Nevada, Page 944 (CHAPTER 569, AB 453)κ
fixture filing is required for priority over conflicting interests in fixtures to the extent provided in NRS 104.9313.
(e) An assignment of accounts [or contract rights] which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts [or contract rights] of the assignor.
(f) A security interest of a collecting bank (NRS 104.4208) or arising under the article on sales (see NRS 104.9113) or covered in subsection 3 of this section.
(g) An assignment for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder.
2. If a secured party assigns a perfected security interest, no filing under this article is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
3. [The filing provisions of this article do not apply to a security interest in property subject to a statute:
(a) Of the United States which provides for a national registration or filing of all security interests in such property; or
(b) Of this state which provides for central filing of, or which requires indication on a certificate of title of, such security interests in such property.
4. A security interest in property covered by a statute described in subsection 3 can be perfected only by registration or filing under that statute or by indication of the security interest on a certificate of title or duplicate thereof by a public official.] The filing of a financing statement otherwise required by this article is not necessary or effective to perfect a security interest in property subject to:
(a) A statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specified a place of filing different from that specified in this article for filing of the security interest; or
(b) The following statutes of this state: NRS 482.421 to 482.431, inclusive, NRS 488.179 to 488.1827, inclusive, and NRS 704.205; but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of this article (part 4) apply to a security interest in that collateral created by him as debtor; or
(c) A certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (subsection 2 of NRS 104.9103).
4. Compliance with a statute or treaty described in subsection 3 is equivalent to the filing of a financing statement under this article, and a security interest in property subject to the statute or treaty can be perfected only by compliance therewith except as provided in NRS 104.9103 on multiple state transactions. Duration and renewal of perfection of a security interest perfected by compliance with the statute or treaty are governed by the provisions of the statute or treaty; in other respects the security interest is subject to this article.
κ1973 Statutes of Nevada, Page 945 (CHAPTER 569, AB 453)κ
Sec. 17. NRS 104.9304 is hereby amended to read as follows:
104.9304 1. A security interest in chattel paper or negotiable documents may be perfected by filing. A security interest in money or instruments (other than instruments which constitute part of chattel paper) can be perfected only by the secured partys taking possession, except as provided in subsections 4 and 5 [.] of this section and subsections 2 and 3 of NRS 104.9306 on proceeds.
2. During the period that goods are in the possession of the issuer of a negotiable document therefor, a security interest in the goods is perfected by perfecting a security interest in the document, and any security interest in the goods otherwise perfected during such period is subject thereto.
3. A security interest in goods in the possession of a bailee other than one who has issued a negotiable document therefor is perfected by issuance of a document in the name of the secured party or by the bailees receipt of notification of the secured partys interest or by filing as to the goods.
4. A security interest in instruments or negotiable documents is perfected without filing or the taking of possession for a period of 21 days from the time it attaches to the extent that it arises for new value given under a written security agreement.
5. A security interest remains perfected for a period of 21 days without filing where a secured party having a perfected security interest in an instrument, a negotiable document or goods in possession of a bailee other than one who has issued a negotiable document therefor:
(a) Makes available to the debtor the goods or documents representing the goods for the purpose of ultimate sale or exchange or for the purpose of loading, unloading, storing, shipping, transshipping, manufacturing, processing or otherwise dealing with them in a manner preliminary to their sale or exchange [; or] , but priority between conflicting security interests in the goods is subject to subsection 3 of NRS 104.9312; or
(b) Delivers the instrument to the debtor for the purpose of ultimate sale or exchange or of presentation, collection, renewal or registration of transfer.
6. After the 21-day period in subsections 4 and 5 perfection depends upon compliance with applicable provisions of this article.
Sec. 18. NRS 104.9305 is hereby amended to read as follows:
104.9305 A security interest in letters of credit and advices of credit (paragraph (a) of subsection 2 of NRS 104.5116), goods, instruments, money, negotiable documents or chattel paper may be perfected by the secured partys taking possession of the collateral. If such collateral other than goods covered by a negotiable document is held by a bailee, the secured party is deemed to have possession from the time the bailee receives notification of the secured partys interest. A security interest is perfected by possession from the time possession is taken without relation back and continues only so long as possession is retained, unless otherwise specified in this article. The security interest may be otherwise perfected as provided in this article before or after the period of possession by the secured party.
κ1973 Statutes of Nevada, Page 946 (CHAPTER 569, AB 453)κ
Sec. 19. NRS 104.9306 is hereby amended to read as follows:
104.9306 1. Proceeds includes whatever is received [when collateral or proceeds is sold, exchanged, collected or otherwise disposed of. The term also includes the account arising when the right to payment is earned under a contract right.] Upon the sale, exchange, collection or other disposition of collateral or proceeds. Insurance payable by reason of loss or damage to the collateral is proceeds, except to the extent that it is payable to a person other than a party to the security agreement. Money, checks, deposit accounts and the like are cash proceeds. All other proceeds are noncash proceeds.
2. Except where this article otherwise provides, a security interest continues in collateral notwithstanding sale, exchange or other disposition thereof [by the debtor] unless [his action] the disposition was authorized by the secured party in the security agreement or otherwise, and also continues in any identifiable proceeds including collections received by the debtor.
3. The security interest in proceeds is a continuously perfected security interest if the interest in the original collateral was perfected but it ceases to be a perfected security interest and becomes unperfected 10 days after receipt of the proceeds by the debtor unless:
(a) A filed financing statement [covering the original collateral also covers proceeds; or
(b)] covers the original collateral and the proceeds are collateral in which a security interest may be perfected by filing in the office or offices where the financing statement has been filed and, if the proceeds are acquired with cash proceeds, the description of collateral in the financing statement indicates the types of property constituting the proceeds; or
(b) A filed financing statement covers the original collateral and the proceeds are identifiable cash proceeds; or
(c) The security interest in the proceeds is perfected before the expiration of the 10-day period.
Except as provided in this section, a security interest in proceeds can be perfected only by the methods or under the circumstances permitted in this article for original collateral of the same type.
4. In the event of insolvency proceedings instituted by or against a debtor, a secured party with a perfected security interest in proceeds has a perfected security interest [:] only in the following proceeds:
(a) In identifiable noncash proceeds [;] and in separate deposit accounts containing only proceeds;
(b) In identifiable cash proceeds in the form of money which is [not] neither commingled with other money [or] nor deposited in a [bank] deposit account prior to the insolvency proceedings;
(c) In identifiable cash proceeds in the form of checks and the like which are not deposited in a [bank] deposit account prior to the insolvency proceedings; and
(d) In all cash and [bank] deposit accounts of the debtor [, if other cash] in which proceeds have been commingled [or deposited in a bank account,] with other funds, but the perfected security interest under this paragraph (d) is:
κ1973 Statutes of Nevada, Page 947 (CHAPTER 569, AB 453)κ
(1) Subject to any right of setoff; and
(2) Limited to an amount not greater than the amount of any cash proceeds received by the debtor within 10 days before the institution of the insolvency proceedings [and commingled or deposited in a bank account prior to the insolvency proceedings less the amount of cash proceeds received by the debtor and paid over to the secured party during the 10-day period.] less the sum of:
(I) The payments to the secured party on account of cash proceeds received by the debtor during such period; and
(II) The cash proceeds received by the debtor during such period to which the secured party is entitled under paragraphs (a) to (c), inclusive, of this subsection 4.
5. If a sale of goods results in an account or chattel paper which is transferred by the seller to a secured party, and if the goods are returned to or are repossessed by the seller or the secured party, the following rules determine priorities:
(a) If the goods were collateral at the time of sale for an indebtedness of the seller which is still unpaid, the original security interest attaches again to the goods and continues as a perfected security interest if it was perfected at the time when the goods were sold. If the security interest was originally perfected by a filing which is still effective, nothing further is required to continue the perfected status; in any other case, the secured party must take possession of the returned or repossessed goods or must file.
(b) An unpaid transferee of the chattel paper has a security interest in the goods against the transferor. Such security interest is prior to a security interest asserted under paragraph (a) to the extent that the transferee of the chattel paper was entitled to priority under NRS 104.9308.
(c) An unpaid transferee of the account has a security interest in the goods against the transferor. Such security interest is subordinate to a security interest asserted under paragraph (a).
(d) A security interest of an unpaid transferee asserted under paragraph (b) or (c) must be perfected for protection against creditors of the transferor and purchasers of the returned or repossessed goods.
Sec. 20. NRS 104.9307 is hereby amended to read as follows:
104.9307 1. A buyer in ordinary course of business (subsection 9 of NRS 104.1201) other than a person buying farm products from a person engaged in farming operations takes free of a security interest created by his seller even though the security interest is perfected and even though the buyer knows of its existence.
2. In the case of consumer goods, [and in the case of farm equipment having an original purchase price not in excess of $2,500 (other than fixtures, see NRS 104.9313),] a buyer takes free of a security interest even though perfected if he buys without knowledge of the security interest, for value and for his own personal, family or household purposes [or his own farming operations] unless prior to the purchase the secured party has filed a financing statement covering such goods.
3. A buyer other than a buyer in ordinary course of business (subsection 1 of this section) takes free of a security interest to the extent that it secures future advances made after the secured party acquires knowledge of the purchase, or more than 45 days after the purchase, whichever first occurs, unless made pursuant to a commitment entered into without knowledge of the purchase and before the expiration of the 45-day period.
κ1973 Statutes of Nevada, Page 948 (CHAPTER 569, AB 453)κ
knowledge of the purchase, or more than 45 days after the purchase, whichever first occurs, unless made pursuant to a commitment entered into without knowledge of the purchase and before the expiration of the 45-day period.
Sec. 21. NRS 104.9308 is hereby amended to read as follows:
104.9308 [A purchaser of chattel paper or a nonnegotiable instrument who gives new value and takes possession of it in the ordinary course of his business and without knowledge that the specific paper or instrument is subject to a security interest has priority over a security interest which is perfected under NRS 104.9304 (permissive filing and temporary perfection). A purchaser of chattel paper who gives new value and takes possession of it in the ordinary course of his business has priority over a security interest in chattel paper which is claimed merely as proceeds of inventory subject to a security interest (NRS 104.9306), even though he knows that the specific paper is subject to the security interest.] A purchaser of chattel paper or an instrument who gives new value and takes possession of it in the ordinary course of his business has priority over a security interest in the chattel paper or instrument:
1. Which is perfected under NRS 104.9304 (permissive filing and temporary perfection) or under NRS 104.9306 (perfection as to proceeds) if he acts without knowledge that the specific paper or instrument is subject to a security interest; or
2. Which is claimed merely as proceeds of inventory subject to a security interest (NRS 104.9306) even though he knows that the specific paper or instrument is subject to the security interest.
Sec. 22. NRS 104.9312 is hereby amended to read as follows:
104.9312 1. The rules of priority stated in [the following sections shall govern where applicable: NRS 104.4208 with respect to the security interest of collecting banks in items being collected, accompanying documents and proceeds; NRS 104.9301 on certain priorities; NRS 104.9304 on goods covered by documents; NRS 104.9306 on proceeds and repossessions; NRS 104.9307 on buyers of goods; NRS 104.9308 on possessory against nonpossessory interests in chattel paper or nonnegotiable instruments; NRS 104.9309 on security interests in negotiable instruments, documents or securities; NRS 104.9310 on priorities between perfected security interests and liens by operation of law; NRS 104.9313 on security interests in fixtures as against interests in real estate; NRS 104.9314 on security interests in accessions as against interests in goods; NRS 104.9315 on conflicting security interests where goods lose their identity or become part of a product; and NRS 104.9316 on contractual subordination.] other sections of this part and in the following sections shall govern when applicable: NRS 104.9208 with respect to the security interests of collecting banks in items being collected, accompanying documents and proceeds; NRS 104.9103 on security interests related to other jurisdictions; section 10 of this act on consignments.
2. There is no subsection 2.
3. [A purchase money security interest in inventory collateral has priority over a conflicting security interest in the same collateral if:
(a) The purchase money security interest is perfected at the time the debtor receives possession of the collateral; and
κ1973 Statutes of Nevada, Page 949 (CHAPTER 569, AB 453)κ
(b) Any secured party whose security interest is known to the holder of the purchase money security interest or who, prior to the date of the filing made by the holder of the purchase money security interest, had filed a financing statement covering the same items or type of inventory, has received notification of the purchase money security interest before the debtor receives possession of the collateral covered by the purchase money security interest; and
(c) Such notification states that the person giving the notice has or expects to acquire a purchase money security interest in inventory of the debtor, describing such inventory by item or type.] A perfected purchase money security interest in inventory has priority over a conflicting security interest in the same inventory and also has priority in identifiable cash proceeds received on or before the delivery of the inventory to a buyer if:
(a) The purchase money security interest is perfected at the time the debtor receives possession of the inventory; and
(b) The purchase money secured party gives notification in writing to the holder of the conflicting security interest if the holder had filed a financing statement covering the same types of inventory:
(1) Before the date of the filing made by the purchase money secured party;
(2) Before the beginning of the 21-day period where the purchase money security interest is temporarily perfected without filing or possession (subsection 5 of NRS 104.9304); and
(c) The holder of the conflicting security interest receives the notification within 5 years before the debtor receives possession of the inventory; and
(d) The notification states that the person giving the notice has or expects to acquire a purchase money security interest in inventory of the debtor, describing such inventory by item or type.
4. A purchase money security interest in collateral other than inventory has priority over a conflicting security interest in the same collateral or its proceeds if the purchase money security interest is perfected at the time the debtor receives possession of the collateral or within 10 days thereafter.
5. In all cases not governed by other rules stated in this section (including cases of purchase money security interests which do not qualify for the special priorities set forth in subsections 3 and 4 of this section), priority between conflicting security interests in the same collateral shall be determined [as follows:
(a) In the order of filing if both are perfected by filing, regardless of which security interest attached first under subsection 1 of NRS 104.9204 and whether it attached before or after filing;
(b) In the order of perfection unless both are perfected by filing, regardless of which security interest attached first under subsection 1 of NRS 104.9204 and, in the case of a filed security interest, whether it attached before or after filing; and
(c) In the order of attachment under subsection 1 of NRS 104.9204 so long as neither is perfected.
6. For the purpose of the priority rules of the immediately preceding subsection, a continuously perfected security interest shall be treated at all times as if perfected by filing if it was originally so perfected and it shall be treated at all times as if perfected otherwise than by filing if it was originally perfected otherwise than by filing.]
κ1973 Statutes of Nevada, Page 950 (CHAPTER 569, AB 453)κ
all times as if perfected by filing if it was originally so perfected and it shall be treated at all times as if perfected otherwise than by filing if it was originally perfected otherwise than by filing.] according to the following rules:
(a) Conflicting security interests rank according to priority in time of filing or perfection. Priority dates from the time a filing is first made covering the collateral or the time the security interest is first perfected, whichever is earlier, provided that there is no period thereafter when there is neither filing nor perfection.
(b) So long as conflicting security interests are unperfected, the first to attach has priority.
6. For the purposes of subsection 5 a date of filing or perfection as to collateral is also a date of filing or perfection as to proceeds.
7. If future advances are made while a security interest is perfected by filing or the taking of possession, the security interest has the same priority for the purposes of subsection 5 with respect to the future advances as it does with respect to the first advance. If a commitment is made before or while the security interest is so perfected, the security interest has the same priority with respect to advances made pursuant thereto. In other cases a perfected security interest has priority from the date the advance is made.
Sec. 23. NRS 104.9313 is hereby amended to read as follows:
104.9313 1. [The rules of this section do not apply to goods incorporated into a structure in the manner of lumber, bricks, tile, cement, glass, metalwork and the like and no security interest in them exists under this article unless the structure remains personal property under applicable law. The law of this state other than this chapter determines whether and when other goods become fixtures. This chapter does not prevent creation of an encumbrance upon fixtures or real estate pursuant to the law applicable to real estate.
2. A security interest which attaches to goods before they become fixtures takes priority as to the goods over the claims of all persons who have an interest in the real estate except as stated in subsection 4.
3. A security interest which attaches to goods after they become fixtures is valid against all persons subsequently acquiring interests in the real estate except as stated in subsection 4 but is invalid against any person with an interest in the real estate at the time the security interest attaches to the goods who has not in writing consented to the security interest or disclaimed an interest in the goods as fixtures.
4. The security interests described in subsections 2 and 3 do not take priority over:
(a) A subsequent purchaser for value of any interest in the real estate; or
(b) A creditor with a lien on the real estate subsequently obtained by judicial proceedings; or
(c) A creditor with a prior encumbrance of record on the real estate to the extent that he makes subsequent advances,
if the subsequent purchase is made, the lien by judicial proceedings is obtained, or the subsequent advance under the prior encumbrance is made or contracted for without knowledge of the security interest and before it is perfected.
κ1973 Statutes of Nevada, Page 951 (CHAPTER 569, AB 453)κ
made or contracted for without knowledge of the security interest and before it is perfected. A purchaser of the real estate at a foreclosure sale other than an encumbrancer purchasing at his own foreclosure sale is a subsequent purchaser within this section.
5.] In this section and in the provisions of part 4 of this article referring to fixture filing, unless the context otherwise requires:
(a) Goods are fixtures when they become so related to particular real estate that an interest in them arises under real estate law.
(b) A fixture filing is the filing in the office where a mortgage on the real estate would be filed or recorded of a financing statement covering goods which are or are to become fixtures and conforming to the requirements of subsection 5 of NRS 104.9402.
(c) A mortgage is a construction mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land including the acquisition cost of the land, if the recorded writing so indicates.
2. A security interest under this article may be created in goods which are fixtures or may continue in goods which become futures, but no security interest exists under this article in ordinary building materials incorporated into an improvement on land.
3. This article does not prevent creation of an encumbrance upon fixtures pursuant to real estate law.
4. A perfected security interest in fixtures has priority over the conflicting interest of an encumbrancer or owner of the real estate where:
(a) The security interest is a purchase money security interest, the interest of the encumbrancer or owner arises before the goods become fixtures, the security interest is perfected by a fixture filing before the goods become fixtures or within 10 days thereafter, and the debtor has an interest of record in the real estate or is in possession of the real estate; or
(b) The security interest is perfected by a fixture filing before the interest of the encumbrancer or owner is of record, the security interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the debtor has an interest of record in the real estate or is in possession of the real estate; or
(c) The fixtures are readily removable factory or office machines or readily removable replacements of domestic appliances which are consumer goods, and before the goods become fixtures the security interest is perfected by any method permitted by this article; or
(d) The conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this article.
5. A security interest in fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real estate where:
(a) The encumbrancer or owner has consented in writing to the security interest or has disclaimed an interest in the goods as fixtures; or
(b) The debtor has a right to remove the goods as against the encumbrancer or owner. If the debtors right terminates, the priority of the security interest continues for a reasonable time.
κ1973 Statutes of Nevada, Page 952 (CHAPTER 569, AB 453)κ
6. Notwithstanding paragraph (a) of subsection 4 but otherwise subject to subsections 4 and 5, a security interest in fixtures is subordinate to a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. To the extent that it is given to refinance a construction mortgage, a mortgage has this priority to the same extent as the construction mortgage.
7. In cases not within the preceding subsections, a security interest in fixtures is subordinate to the conflicting interest of an encumbrancer or owner of the related real estate who is not the debtor.
8. When [under subsections 2 or 3 and 4 a] the secured party has priority over [the claims of all persons who have interests in] all owners and encumbrancers of the real estate, he may, on default, subject to the provisions of part 5, remove his collateral from the real estate but he must reimburse any encumbrancer or owner of the real estate who is not the debtor and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate security for the performance of this obligation.
Sec. 24. NRS 104.9318 is hereby amended to read as follows:
104.9318 1. Unless an account debtor has made an enforcible agreement not to assert defenses or claims arising out of a sale as provided in NRS 104.9206 the rights of an assignee are subject to:
(a) All the terms of the contract between the account debtor and assignor and any defense or claim arising therefrom; and
(b) Any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives notification of the assignment.
2. So far as the right to payment or a part thereof under an assigned contract [right has not already become an account,] has not been fully earned by performance, and notwithstanding notification of the assignment, any modification of or substitution for the contract made in good faith and in accordance with reasonable commercial standards is effective against an assignee unless the account debtor has otherwise agreed but the assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that such modification or substitution is a breach by the assignor.
3. The account debtor is authorized to pay the assignor until the account debtor receives notification that the [account] amount due or to become due has been assigned and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the account debtor, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless he does so the account debtor may pay the assignor.
4. A term in any contract between an account debtor and an assignor [which] is ineffective if it prohibits assignment of an account [or contract right to which they are parties is ineffective.] or prohibits creation of a security interest in a general intangible for money due or to become due or requires the account debtors consent to such assignment or security interest.
κ1973 Statutes of Nevada, Page 953 (CHAPTER 569, AB 453)κ
due or requires the account debtors consent to such assignment or security interest.
Sec. 25. NRS 104.9401 is hereby amended to read as follows:
104.9401 1. The proper place to file in order to perfect a security interest is as follows:
(a) When the collateral is equipment used in farming operations, or farm products, or accounts [, contract rights] or general intangibles arising from or relating to the sale of farm products by a farmer, or consumer goods, then in the office of the county recorder in the county of the debtors residence or if the debtor is not a resident of this state then in the office of the county recorder in the county where the goods are kept, and in addition when the collateral is crops, growing or to be grown, in the office of the county recorder in the county where the land on which the crops are growing or to be grown is located.
(b) [When] Except as otherwise provided in subsection 5, when the collateral is [goods which at the time the security interest attaches are or are to become fixtures,] timber to be cut or is minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or when the financing statement is filed as a fixture filing (NRS 104.9313) and the collateral is goods which are or are to become fixtures, then in the office where a mortgage on the real estate [concerned] would be filed or recorded.
(c) In all other cases, in the office of the secretary of state and in addition, if the debtor has a place of business in only one county of this state, also in the office of the county recorder of such county, or, if the debtor has no place of business in this state, but resides in the state, also in the office of the county recorder of the county in which he resides.
2. A filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this article and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement.
3. A filing which is made in the proper place in this state continues effective even though the debtors residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed.
4. [If collateral is brought into this state from another jurisdiction, the] The rules stated in NRS 104.9103 determine whether filing is necessary in this state.
5. Notwithstanding the preceding subsections, and subsection 3 of NRS 104.9302, the proper place to file in order to perfect a security interest in collateral, including fixtures, of a transmitting utility is set forth in NRS 704.205. This constitutes a fixture filing (NRS 104.9313) as to the collateral described therein which is or is to become fixtures.
6. For the purposes of this section, the residence of an organization is its place of business if it has one or its chief executive office if it has more than one place of business.
Sec. 26. NRS 104.9402 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 954 (CHAPTER 569, AB 453)κ
104.9402 1. A financing statement is sufficient if it gives the names of the debtor and the secured party, is signed by the debtor, [and the secured party,] gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor and contains a statement indicating the types, or describing the items, of collateral. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown, [or goods which are or are to become fixtures, the statement must also contain a description of the real estate concerned and the name of the record owner of such real estate.] and if the debtor does not have an interest of record in the real estate, the financing statement must show the name of a record owner. When the financing statement covers timber to be cut or covers minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or when the financing statement is filed as a fixture filing (NRS 104.9313) and the collateral is goods which are or are to become fixtures, the statement must also comply with subsection 5. A copy of the security agreement is sufficient as a financing statement if it contains the above information and is signed by [both parties.] the debtor. A carbon, photographic or other reproduction of a security agreement or a financing statement is sufficient as a financing statement if the security agreement so provides or if the original has been filed in this state.
2. A financing statement which otherwise complies with subsection 1 is sufficient [although] when it is signed [only] by the secured party [when] instead of the debtor if it is filed to perfect a security interest in:
(a) Collateral already subject to a security interest in another jurisdiction when it is brought into this state [.] or when the debtors location is changed to this state. Such a financing statement must state that the collateral was brought into this state or that the debtors location was changed to this state under such circumstances [.] ; or
(b) Proceeds under NRS 104.9306 if the security interest in the original collateral was perfected. Such a financing statement must describe the original collateral [.] ; or
(c) Collateral as to which the filing has lapsed; or
(d) Collateral acquired after a change of name, identity or corporate structure of the debtor (subsection 7).
3. A form substantially as follows is sufficient to comply with subsection 1:
Name of debtor (or assignor) ...................................................................................................
Address .......................................................................................................................................
Name of secured party (or assignee) ......................................................................................
Address .......................................................................................................................................
(1) This financing statement covers the following types (or items) of property:
(Describe) .......................................................................................................................
(2) (If collateral is crops) The above described crops are growing or are to be grown on:
(Describe real estate) ....................................................................................................
(Record owner of such real estate)
κ1973 Statutes of Nevada, Page 955 (CHAPTER 569, AB 453)κ
(3) [(If collateral is goods which are or are to become fixtures) The above described goods are affixed or to be affixed to:] (If applicable) The above goods are to become fixtures on: (Or, where applicable, substitute either of the following: The above timber is standing on: ........................ or The above minerals or the like (including oil and gas) or accounts will be financed at the wellhead or minehead of the well or mine located on:........................)
(Describe real estate) .............................................................................................
[(Record owner of such real estate)]
and this financing statement is to be filed for record in the real estate records. (If the debtor does not have an interest of record) The name of a record owner is ...................................................................................
(4) (If [proceeds or] products of collateral are claimed) [Proceeds-] Products of the collateral are also covered.
|
(Use whichever is applicable)
|
{ |
Signature of Debtor (or Assignor).............................. Signature of Secured Party (or Assignee)............................................................... |
4. [The term financing statement as used in this article means the original financing statement and any amendments but if] A financing statement may be amended by filing a writing signed by both the debtor and the secured party. An amendment does not extend the period of effectiveness of a financing statement. If any amendment adds collateral, it is effective as to the added collateral only from the filing date of the amendment. In this article, unless the context otherwise requires, the term financing statement means the original financing statement and any amendments.
5. A financing statement covering timber to be cut or covering minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or a financing statement filed as a fixture filing (NRS 104.9313) where the debtor is not a transmitting utility, must show that it covers this type of collateral, must recite that it is to be filed for record in the real estate records, and the financing statement must contain a description of the real estate sufficient if it were contained in a mortgage of the real estate to give constructive notice of the mortgage under the law of this state. If the debtor does not have an interest of record in the real estate, the financing statement must show the name of a record owner.
6. A mortgage is effective as a financing statement filed as a fixture filing from the date of its recording if:
(a) The goods are described in the mortgage by item or type;
(b) The goods are or are to become fixtures related to the real estate described in the mortgage;
(c) The mortgage complies with the requirements for a financing statement in this section other than a recital that it is to be filed in the real estate records; and
(d) The mortgage is duly recorded.
No fee with reference to the financing statement is required other than the regular recording and satisfaction fees with respect to the mortgage.
7. A financing statement sufficiently shows the name of the debtor if it gives the individual, partnership or corporate name of the debtor, whether or not it adds other trade names or the names of partners.
κ1973 Statutes of Nevada, Page 956 (CHAPTER 569, AB 453)κ
whether or not it adds other trade names or the names of partners. Where the debtor so changes his name or in the case of an organization its name, identity or corporate structure that a filed financing statement becomes seriously misleading, the filing is not effective to perfect a security interest in collateral acquired by the debtor more than 4 months after the change, unless a new appropriate financing statement is filed before the expiration of that time. A filed financing statement remains effective with respect to collateral transferred by the debtor even though the secured party knows of or consents to the transfer.
8. A financing statement substantially complying with the requirements of this section is effective even though it contains minor errors which are not seriously misleading.
Sec. 27. NRS 104.9403 is hereby amended to read as follows:
104.9403 1. Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article.
2. [A] Except as provided in subsection 6 a filed financing statement [which states a maturity date of the obligation secured of 5 years or less is effective until such maturity date and thereafter for a period of 60 days. Any other filed financing statement] is effective for a period of 5 years from the date of filing. The effectiveness of a filed financing statement lapses [on the expiration of such 60-day period after a stated maturity date or] on the expiration of [such] the 5-year period [, as the case may be,] unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until expiration of the 5-year period, whichever occurs later. Upon [such] lapse the security interest becomes unperfected [. A filed financing statement which states that the obligation secured is payable on demand is effective for 5 years from the date of filing.] , unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse.
3. A continuation statement may be filed by the secured party [:
(a) Within 6 months before and 60 days after a stated maturity date of 5 years or less; and
(b) Otherwise] within 6 months prior to the expiration of the 5-year period specified in subsection 2. Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in subsection 2 unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement.
κ1973 Statutes of Nevada, Page 957 (CHAPTER 569, AB 453)κ
continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it [.] immediately if he has retained a microfilm or other photographic record, or in other cases after 1 year after the lapse. Where the filing officer maintains a microfilm system he may, after microfilming the original document, return it to the person who presented it for filing. The filing officer shall so arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if he physically destroys the financing statements of a period more than 5 years past, those which have been continued by a continuation statement or which are still effective under subsection 6 shall be retained.
4. [A] Except as provided in subsection 7 a filing officer shall mark each statement with a [consecutive] file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and the name of the record owner of the real property as given in the financing statement. The filing officer shall also note in the indexes the file number and the address of the debtor given in the statement.
5. The uniform fee for filing [, indexing and furnishing filing data for an original or a continuation statement on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county shall be $2, and in all other cases $3.
6. Where the filing officer maintains a microfilm system he may, after microfilming the original document, return it to the person who presented it for filing.] and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement or for a continuation statement shall be $2 if the statement is in the standard form prescribed by the secretary of state and otherwise shall be $3, plus in each case, if the financing statement is subject to subsection 5 of NRS 104.9402, $2. The uniform fee for each name more than one required to be indexed shall be $1. The secured party may at his option show a trade name for any person and an extra uniform indexing fee of $2 shall be paid with respect thereto.
6. If the debtor is a transmitting utility (subsection 5 of NRS 104.9401) and a filed financing statement so states, it is effective until a termination statement is filed. A real estate mortgage which is effective as a fixture filing under subsection 6 of NRS 104.9402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate.
7. When a financing statement covers timber to be cut or covers minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or is filed as a fixture filing, it shall be filed for record and the filing officer shall index it under the names of the debtor and any owner of record shown on the financing statement in the same fashion as if they were the mortgagors in a mortgage of the real estate described, and, to the extent that the law of this state provides for indexing of mortgages under the name of the mortgagee, under the name of the secured party as if he were the mortgagee thereunder, or where indexing is by description in the same fashion as if the financing statement were a mortgage of the real estate described.
κ1973 Statutes of Nevada, Page 958 (CHAPTER 569, AB 453)κ
party as if he were the mortgagee thereunder, or where indexing is by description in the same fashion as if the financing statement were a mortgage of the real estate described.
Sec. 28. NRS 104.9404 is hereby amended to read as follows:
104.9404 1. [Whenever] If a financing statement covering consumer goods is filed on or after July I, 1975, then within 1 month or within 10 days following written demand by the debtor after there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must file with each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. In other cases whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must on written demand by the debtor send the debtor, for each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must [include or] be accompanied by [the assignment or] a separate written statement of assignment signed by the secured party of record [that he has assigned the security interest to the signer of the termination statement.] complying with subsection 2 of NRS 104.9405, including payment of the required fee. If the affected secured party fails to file such a termination statement as required by this subsection, or to send such a termination statement within 10 days after proper demand therefor he shall be liable to the debtor for $100, and in addition for any loss caused to the debtor by such failure.
2. On presentation to the filing officer of such a termination statement he must note it in the index. [The filing officer shall remove from the files, mark terminated and send or deliver to the secured party the financing statement and any continuation statement, statement of assignment or statement of release pertaining thereto.] If he has received the termination statement in duplicate, he shall return one copy of the termination statement to the secured party stamped to show the time of receipt thereof. If the filing officer has a microfilm or other photographic record of the financing statement and of any related continuation statement, statement of assignment and statement of release, he may remove the originals from the files at any time after receipt of the termination statement, or if he has no such record, he may remove them from the files at any time after 1 year after receipt of the termination statement.
3. [The] If the termination statement is in the standard form required by the secretary of state, the uniform fee for filing and indexing. [a] the termination statement [, including sending or delivering the financing statement, on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county] shall be $2, and [in all other cases $3.] otherwise shall be $3, plus in each case an additional fee of $1 for each name more than one against which the termination statement is required to be indexed.
κ1973 Statutes of Nevada, Page 959 (CHAPTER 569, AB 453)κ
4. If the filing officer has microfilmed the original documents, he shall make copies of the microfilmed documents, mark the copies terminated and send or deliver to the secured parties and to the debtor the copies marked terminated.
Sec. 29. NRS 104.9405 is hereby amended to read as follows:
104.9405 1. A financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. [Either the original secured party or the assignee may sign this statement as the secured party.] On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in subsection 4 of NRS 104.9403. The uniform fee for filing, indexing and furnishing filing data for a financing statement so indicating an assignment [on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county] shall be $2 [, and in all other cases $3.] if the statement is in the standard form prescribed by the secretary of state and otherwise shall be $3, plus in each case an additional fee of $1 for each name more than one against which the financing statement is required to be indexed.
2. A secured party may assign of record all or a part of his rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement [.] , or in the case of a fixture filing, or a filing covering timber to be cut, or covering minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, he shall index the assignment under the name of the assignor as grantor and, to the extent that the law of this state provides for indexing the assignment of a mortgage under the name of the assignee, he shall index the assignment of the financing statement under the name of the assignee. The uniform fee for filing, indexing and furnishing filing data about such a separate statement of assignment [on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county] shall be $2 [, and in all other cases $3.] if the statement is in the standard form prescribed by the secretary of state and otherwise shall be $3, plus in each case an additional fee of $1 for each name more than one against which the statement of assignment is required to be indexed. Notwithstanding the provisions of this subsection, an assignment of record of a security interest in a fixture contained in a mortgage effective as a fixture filing (subsection 6 of NRS 104.9402) may be made only by an assignment of the mortgage in the manner provided by the law of this state other than this chapter.
κ1973 Statutes of Nevada, Page 960 (CHAPTER 569, AB 453)κ
104.9402) may be made only by an assignment of the mortgage in the manner provided by the law of this state other than this chapter.
3. After the disclosure or filing of an assignment under this section, the assignee is the secured party of record.
4. Where the filing officer maintains a microfilm system he may, after microfilming the original document and making the appropriate notations, return it to the person who presented it for filing.
Sec. 30. NRS 104.9406 is hereby amended to read as follows:
104.9406 A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee. Upon presentation of such a statement of release to the filing officer he shall mark the statement with the hour and date of filing and shall note the same upon the margin of the index of the filing of the financing statement. The uniform fee for filing and noting such a statement of release [on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county] shall be $2 [, and in all other cases $3.] if the statement is in the standard form prescribed by the secretary of state and otherwise shall be $3, plus in each case an additional fee of $1 for each name more than one against which the statement of release is required to be indexed.
Sec. 31. Chapter 104 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A consignor or lessor of goods may file a financing statement using the terms consignor, consignee, lessor, lessee or the like instead of the terms specified in NRS 104.9402. The provisions of this part shall apply as appropriate to such a financing statement but its filing shall not of itself be a factor in determining whether or not the consignment or lease is intended as security (subsection 37 of NRS 104.1201). However, if it is determined for other reasons that the consignment or lease is so intended, a security interest of the consignor or lessor which attaches to the consigned or leased goods is perfected by such filing.
Sec. 32. NRS 104.9501 is hereby amended to read as follows:
104.9501 1. When a debtor is in default under a security agreement, a secured party has the rights and remedies provided in this part and except as limited by subsection 3 those provided in the security agreement. He may reduce his claim to judgment, foreclose or otherwise enforce the security interest by any available judicial procedure. If the collateral is documents the secured party may proceed either as to the documents or as to the goods covered thereby. A secured party in possession has the rights, remedies and duties provided in NRS 104.9207. The rights and remedies referred to in this subsection are cumulative.
2. After default, the debtor has the rights and remedies provided in