[Rev. 2/28/2019 11:52:12 AM]
κ1973 Statutes of Nevada, Page 961 (CHAPTER 569, AB 453)κ
this part, those provided in the security agreement and those provided in NRS 104.9207.
3. To the extent that they give rights to the debtor and impose duties on the secured party, the rules stated in the subsections referred to below may not be waived or varied except as provided with respect to compulsory disposition of collateral (subsection 3 of NRS 104.9504 and [(subsection 1 of] NRS 104.9505) and with respect to redemption of collateral (NRS 104.9506) but the parties may by agreement determine the standards by which the fulfillment of these rights and duties is to be measured if such standards are not manifestly unreasonable:
(a) Subsection 2 of NRS 104.9502 and subsection 2 of NRS 104.9504 insofar as they require accounting for surplus proceeds of collateral;
(b) Subsection 3 of NRS 104.9504 and subsection 1 of NRS 104.9505 which deal with disposition of collateral;
(c) Subsection 2 of NRS 104.9505 which deals with acceptance of collateral as discharge of obligation;
(d) NRS 104.9506 which deals with redemption of collateral; and
(e) Subsection 1 of NRS 104.9507 which deals with the secured partys liability for failure to comply with this part.
4. If the security agreement covers both real and personal property, the secured party may proceed under this part as to the personal property or he may proceed as to both the real and the personal property in accordance with his rights and remedies in respect of the real property in which case the provisions of this part do not apply.
5. When a secured party has reduced his claim to judgment the lien of any levy which may be made upon his collateral by virtue of any execution based upon the judgment shall relate back to the date of the perfection of the security interest in such collateral. A judicial sale, pursuant to such execution, is a foreclosure of the security interest by judicial procedure within the meaning of this section, and the secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this article.
Sec. 33. NRS 104.9502 is hereby amended to read as follows:
104.9502 1. When so agreed and in any event on default the secured party is entitled to notify an account debtor or the obligor on an instrument to make payment to him whether or not the assignor was theretofore making collections on the collateral, and also to take control of any proceeds to which he is entitled under NRS 104.9306.
2. A secured party who by agreement is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor and who undertakes to collect from the account debtors or obligors must proceed in a commercially reasonable manner and may deduct his reasonable expenses of realization from the collections. If the security agreement secures an indebtedness, the secured party must account to the debtor for any surplus, and unless otherwise agreed, the debtor is liable for any deficiency. But, if the underlying transaction was a sale of accounts [, contract rights] or chattel paper, the debtor is entitled to any surplus or is liable for any deficiency only if the security agreement so provides.
κ1973 Statutes of Nevada, Page 962 (CHAPTER 569, AB 453)κ
Sec. 34. NRS 104.9504 is hereby amended to read as follows:
104.9504 1. A secured party after default may sell, lease or otherwise dispose of any or all of the collateral in its then condition or following any commercially reasonable preparation or processing. Any sale of goods is subject to the article on sales (article 2). The proceeds of disposition shall be applied in the order following to:
(a) The reasonable expenses of retaking, holding, preparing for sale [,] or lease, selling, leasing and the like and, to the extent provided for in the agreement and not prohibited by law, the reasonable attorneys fees and legal expenses incurred by the secured party.
(b) The satisfaction of indebtedness secured by the security interest under which the disposition is made.
(c) The satisfaction of indebtedness secured by any subordinate security interest in the collateral if written notification of demand therefor is received before distribution of the proceeds is completed. If requested by the secured party, the holder of a subordinate security interest must seasonably furnish reasonable proof of his interest, and unless he does so, the secured party need not comply with his demand.
2. If the security interest secures an indebtedness, the secured party must account to the debtor for any surplus, and, unless otherwise agreed, the debtor is liable for any deficiency. But if the underlying transaction was a sale of accounts [, contract rights] or chattel paper, the debtor is entitled to any surplus or is liable for any deficiency only if the security agreement so provides.
3. Disposition of the collateral may be by public or private proceedings and may be made by way of one or more contracts. Sale or other disposition may be as a unit or in parcels and at any time and place and on any terms but every aspect of the disposition including the method, manner, time, place and terms must be commercially reasonable. Unless collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, reasonable notification of the time and place of any public sale or reasonable notification of the time after which any private sale or other intended disposition is to be made shall be sent by the secured party to the debtor, [and except in the case of consumer goods to any other person who has a security interest in the collateral and who has duly filed a financing statement indexed in the name of the debtor in this state or who is known by the secured party to have a security interest in the collateral.] if he has not signed after default a statement renouncing or modifying his right to notification of sale. In the case of consumer goods no other notification need be sent. In other cases notification shall be sent to any other secured party from whom the secured party has received (before sending his notification to the debtor or before the debtors renunciation of his rights) written notice of a claim of an interest in the collateral. The secured party may buy at any public sale and if the collateral is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations he may buy at private sale.
4. When collateral is disposed of by a secured party after default, the disposition transfers to a purchaser for value all of the debtors rights therein, discharges the security interest under which it is made and any security interest or lien subordinate thereto.
κ1973 Statutes of Nevada, Page 963 (CHAPTER 569, AB 453)κ
security interest or lien subordinate thereto. The purchaser takes free of all such rights and interests even though the secured party fails to comply with the requirements of this part or of any judicial proceedings:
(a) In the case of a public sale, if the purchaser has no knowledge of any defects in the sale and if he does not buy in collusion with the secured party, other bidders or the person conducting the sale; or
(b) In any other case, if the purchaser acts in good faith.
5. A person who is liable to a secured party under a guaranty, endorsement, repurchase agreement or the like and who receives a transfer of collateral from the secured party or is subrogated to his rights has thereafter the rights and duties of the secured party. Such a transfer of collateral is not a sale or disposition of the collateral under this article.
Sec. 35. NRS 104.9505 is hereby amended to read as follows:
104.9505 1. If the debtor has paid 60 percent of the cash price in the case of a purchase money security interest in consumer goods or 60 percent of the loan in the case of another security interest in consumer goods, and has not signed after default a statement renouncing or modifying his rights under this part a secured party who has taken possession of collateral must dispose of it under NRS 104.9504 and if he fails to do so within 90 days after he takes possession the debtor at his option may recover in conversion or under subsection 1 of NRS 104.9507 on secured partys liability.
2. In any other case involving consumer goods or any other collateral a secured party in possession may, after default, propose to retain the collateral in satisfaction of the obligation. Written notice of such proposal shall be sent to the debtor [and except in the case of consumer goods to any other secured party who has a security interest in the collateral and who has duly filed a financing statement indexed in the name of the debtor in this state or is known by the secured party in possession to have a security interest in it. If the debtor or other person entitled to receive notification objects in writing within 30 days from the receipt of the notification or if any other secured party objects in writing within 30 days after the secured party obtains possession] if he has not signed after default a statement renouncing or modifying his rights under this subsection. In the case of consumer goods no other notice need be given. In other cases notice shall be sent to any other secured party from whom the secured party has received (before sending his notice to the debtor or before the debtors renunciation of his rights) written notice of a claim of an interest in the collateral. If the secured party receives objection in writing from a person entitled to receive notification within 21 days after the notice was sent, the secured party must dispose of the collateral under NRS 104.9504. In the absence of such written objection the secured party may retain the collateral in satisfaction of the debtors obligation.
Sec. 36. Chapter 104 of NRS is hereby amended by adding thereto the provisions set forth as sections 37 to 41, inclusive, of this act.
Sec. 37. A security interest for the perfection of which filing or the taking of possession was required under this chapter before July 1, 1975, and which attached prior to July 1, 1975, but was not perfected shall be deemed perfected on July 1, 1975, if the provisions of this chapter as amended effective July 1, 1975, permit perfection without filing or authorize filing in the office or offices where a prior ineffective filing was made.
κ1973 Statutes of Nevada, Page 964 (CHAPTER 569, AB 453)κ
amended effective July 1, 1975, permit perfection without filing or authorize filing in the office or offices where a prior ineffective filing was made.
Sec. 38. 1. A financing statement or continuation statement filed prior to July 1, 1975, which has not lapsed prior to July 1, 1975, shall remain effective for a period of 5 years after the filing and a further period of 60 days if its stated duration was more than 4 years and 10 months.
2. With respect to any collateral acquired by the debtor subsequent to July 1, 1975, any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under this chapter as amended effective July 1, 1975.
3. The effectiveness of any financing statement or continuation statement filed prior to July 1, 1975, may be continued by a continuation statement as permitted by NRS 104.9403, except that if NRS 104.9401 requires a filing in an office where there was no previous financing statement, a new financing statement conforming to section 39 of this act shall be filed in that office.
4. If the record of a mortgage of real estate recorded before July 1, 1975, would have been effective as a fixture filing of goods described therein if it had been recorded after July 1, 1975, the mortgage shall be deemed effective as a fixture filing as to such goods under subsection 6 of NRS 104.9402 after July 1, 1975.
Sec. 39. 1. If a security interest is perfected or has priority on July 1, 1975, as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under this chapter after July 1, 1975, the perfection and priority rights of the security interest continue until 3 years after July 1, 1975. The perfection then lapses unless a financing statement is filed as provided in subsection 4 or unless the security interest is perfected otherwise than by filing.
2. If a security interest is perfected as of July 1, 1975, under a law other than this chapter which requires no further filing, refiling or recording to continue its perfection, perfection continues until and lapses 3 years after July 1, 1975, unless a financing statement is filed as provided in subsection 4 or unless the security interest is perfected otherwise than by filing, or unless under subsection 3 of NRS 104.9302 the other law continues to govern filing.
3. A financing statement may be filed within 6 months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. It must identify the security agreement, statement or notice, state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement or notice, however denominated, in another filing office under this chapter is still effective. NRS 104.9401 and 104.9103 determine the proper place to file such a financing statement.
κ1973 Statutes of Nevada, Page 965 (CHAPTER 569, AB 453)κ
proper place to file such a financing statement. Except as specified in this subsection, the provisions of subsection 3 of NRS 104.9403 for continuation statements apply to such a financing statement.
Sec. 40. Except as otherwise provided in NRS 104.1110 and sections 37 to 39, inclusive, of this act, the provisions of this chapter before July 1, 1975, shall apply to any questions of priority if the positions of the parties were fixed prior to July 1, 1975. In other cases questions of priority shall be determined by the provisions of this chapter as amended effective July 1, 1975.
Sec. 41. Unless a change in law has clearly been made, the provisions of this chapter as amended effective July 1, 1975, shall be deemed declaratory of the meaning of the provisions of this chapter before July 1, 1975.
Sec. 42. NRS 482.432 is hereby amended to read as follows:
482.432 Compliance with the applicable provisions of NRS 482.423 to 482.431, inclusive, is sufficient for the perfection and release of a security interest in a vehicle [. NRS 482.421 to 482.436, inclusive, require indication of a security interest on a certificate of title within the meaning] and for exemption from the requirement of filing of a financing statement under the provisions of paragraph (b) of subsection 3 of NRS 104.9302. In all other respects the rights and duties of the debtor and secured party are governed by the Uniform Commercial Code — Secured Transactions and chapter 97 of NRS to the extent applicable.
Sec. 43. NRS 704.205 is hereby amended to read as follows:
704.205 1. Any mortgage of real property or of both real property and goods, including fixtures, or a security interest in fixtures alone, made by a corporation which is a railroad or a public utility, as defined in NRS 704.020, or a general improvement district, as defined in NRS 318.020, shall be recorded in the office of the county recorder of the county or counties in which the property is located, and when so recorded shall be a lien on the real property and fixtures described in the mortgage or security agreement from the time of recording and on fixtures thereafter acquired subject to the mortgage or security agreement from the time of acquisition. If the mortgage or security agreement includes goods, a copy of the mortgage or security agreement or a financing statement describing the goods by item or type shall be filed with the secretary of state and shall be effective from the time provided in the Uniform Commercial Code of this state, but the security interest in the goods and in goods thereafter acquired subject to the mortgage or security agreement shall be effective without refiling as long as the mortgage or security agreement remains in effect, and this lien shall be enforcible in accordance with the laws of this state governing mortgages of real estate.
2. A security interest in goods alone created by a general improvement district or a corporation which is a railroad or a public utility shall be perfected by filing a financing statement in the office of the secretary of state and shall in all respects except as to place of filing be governed by the Uniform Commercial Code of this state. [This is a statute providing for central filing of security interests in property within the meaning] Compliance with this section is sufficient for exemption from the requirement of filing of a financing statement under the provisions of NRS 104.9302.
κ1973 Statutes of Nevada, Page 966 (CHAPTER 569, AB 453)κ
3. The secretary of state shall maintain a separate file for mortgages, security agreements and financing statements on which the debtor is a general improvement district or a corporation which is a railroad or a public utility, and the uniform fee for filing, indexing and furnishing filing data for such financing statements shall be $2.
4. Nothing in this section or in the Uniform Commercial Code of this state shall impair the validity or effectiveness against third parties of any mortgage of real property, or of both real property and goods, including fixtures, or a security interest in fixtures alone, heretofore made by a general improvement district or a corporation which is a railroad or public utility, if such mortgage or security interest was recorded or filed or perfected in accordance with the law of this state prior to March 1, 1967, and such law shall govern the continued effectiveness and enforcement of such mortgages and security interests with respect to all property covered thereby whether acquired by such corporation before or after such date.
Sec. 44. This act shall become effective on July 1, 1975.
________
Senate Bill No. 584Committee on Ecology and Public Resources
CHAPTER 570
AN ACT relating to the County Economic Development Revenue Bond Law; including pollution control within the scope of such law; expanding the powers of the counties under such laws by providing for the sale of projects; 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 244.9192 is hereby amended to read as follows:
244.9192 Whenever used in NRS 244.9191 to 244.9219, inclusive, unless a different meaning clearly appears from the context, the following words and terms defined in NRS 244.9193 to 244.9196, inclusive, and section 19 of this act have the meanings ascribed to them in NRS 244.9193 to 244.9196, inclusive [.] and section 19 of this act.
Sec. 2. NRS 244.9196 is hereby amended to read as follows:
244.9196 Project means: [any]
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial or research and development enterprises.
2. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns, for the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
κ1973 Statutes of Nevada, Page 967 (CHAPTER 570, SB 584)κ
representative, agent or assigns, for the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
Sec. 3. NRS 244.9197 is hereby amended to read as follows:
244.9197 1. It is the intent of the legislature to authorize counties to acquire, own, lease, improve and dispose of properties to the end that such counties may be able to promote industry and develop trade by inducing manufacturing, industrial and research and development enterprises to locate in or remain in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources. It is, therefore, the intention of the legislature to vest such counties with all powers that may be necessary to enable them to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.
2. It is also the intent of the legislature to authorize counties to acquire, own, lease or sell projects or interests therein for the purpose of reducing, abating or preventing pollution or removing or treating any substance in processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
3. It is not intended hereby that any county shall itself be authorized to operate any such manufacturing, industrial or research and development enterprise.
[3.] 4. No county may by virtue of NRS 244.9191 to 244.9219, inclusive, assist any manufacturing, industrial or research and development enterprise to locate in the county which would offer substantial competition to an existing enterprise within the county whose intrastate markets are substantially the same.
[4.] 5. NRS 244.9191 to 244.9219, inclusive, shall be liberally construed in conformity with this declaration of purpose.
Sec. 4. NRS 244.9198 is hereby amended to read as follows:
244.9198 In addition to any other powers which it may now have, each county shall have the following powers:
1. To acquire, whether by construction, purchase, gift, devise, lease or sublease, to improve and equip, and to sell or otherwise dispose of, one or more projects or part thereof. The power to sell includes the power to receive the note or notes of the purchaser. Such projects, upon completion of such acquisition, shall be located within the county.
2. To lease or to sell to others any or all of its projects for such rentals or installment payments and upon such terms and conditions as the board [may deem] considers advisable.
3. To issue revenue bonds for the purpose of defraying the cost of acquiring, improving and equipping any project including the payment of principal and interest on such bonds for not exceeding 3 years and all other incidental expenses incurred in issuing such bonds.
κ1973 Statutes of Nevada, Page 968 (CHAPTER 570, SB 584)κ
principal and interest on such bonds for not exceeding 3 years and all other incidental expenses incurred in issuing such bonds.
4. To secure payment of such bonds as provided in NRS 244.9191 to 244.9219, inclusive.
Sec. 5. NRS 244.920 is hereby amended to read as follows:
244.920 After holding a public hearing or hearings, as provided in NRS 244.9199, the board of county commissioners shall proceed no further unless or until it:
1. Determines the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;
2. Determines that the contemplated lessee or purchaser has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease or purchase contract; [meanwhile, until the point of profitable operation is reached;]
3. Determines, in the case of a project as defined in subsection 1 of NRS 244.9196, that the revenue which can reasonably be expected to be derived from normal operation of the [facility] project under normal economic conditions is sufficient with a suitable margin of safety to meet the obligations of a lease or purchase contract which in turn will meet in full the debt service requirements of a bond issue to provide the amount of money determined pursuant to subsection 1; and
4. If any part of the project or improvements is to be constructed by a lessee or a lessees designee [,] or a purchaser or a purchasers designee, provides sufficient safeguards to assure that all money provided by the county will be expended solely for the purposes of the project. [Such provision shall include the requirement that any plans not prepared by or under the immediate direction of an appropriate officer of the county be submitted to the board of county commissioners for approval before a commitment is made to finance the project. The board shall consider in reviewing such plans whether the completed project will meet the economic requirements of subsections 2 and 3.]
Sec. 6. NRS 244.9201 is hereby amended to read as follows:
244.9201 1. All bonds issued by a county under the authority of NRS 244.9191 to 244.9219, inclusive, shall be special, limited obligations of the county. The principal of and interest on such bonds shall be payable, subject to the mortgage provisions herein, solely out of the revenues derived from the leasing or sale of the project to be financed by the bonds.
2. The bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the county within the meaning of any provision or limitation of the constitution of the State of Nevada or statutes, and shall not constitute nor give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers. Such limitation shall be plainly stated on the face of each such bond.
Sec. 7. NRS 244.9203 is hereby amended to read as follows:
244.9203 The principal of, the interest on and any prior redemption premiums due in connection with the bonds shall be payable from, secured by a pledge of and constitute a lien on the revenues out of which such bonds shall be made payable.
κ1973 Statutes of Nevada, Page 969 (CHAPTER 570, SB 584)κ
such bonds shall be made payable. In addition, they may, in the discretion of the county, be secured by a mortgage covering all or any part of the project or by a pledge of the lease or the agreement of sale of such project, or both.
Sec. 8. NRS 244.9204 is hereby amended to read as follows:
244.9204 The proceedings under which the bonds are authorized to be issued, and any mortgage given to secure the same, may contain any provisions customarily contained in instruments securing bonds and constituting a covenant with the bondholders, including, but not limited to:
1. Custody of the proceeds from the sale of the bonds, including their investment and reinvestment until used to defray the cost of the project.
2. The fixing and collection of rents or installment payments for the project.
3. The terms to be incorporated in the lease or the agreement of sale of the project.
4. The maintenance and insurance of the project.
5. The creation of funds and accounts into which any bond proceeds, revenues and income may be deposited or credited.
6. Limitation on the purpose to which the proceeds of any bonds then or thereafter to be issued may be applied.
7. Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the refunding of bonds and the replacement of bonds.
8. The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated.
9. Vesting in a trustee or trustees such properties, rights, powers and duties in trust as the board may determine, and limiting the rights, duties and powers of such trustees.
10. The rights and remedies available in case of a default to the bondholders or to any trustee under the lease, agreement of sale or a mortgage.
Sec. 9. NRS 244.9205 is hereby amended to read as follows:
244.9205 1. The county may provide that proceeds from the sale of bonds and special funds from the revenues of the project shall be invested and reinvested in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of this state, as may be provided in the proceedings under which the bonds are authorized to be issued, including but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.
(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any such state.
(e) Prime commercial paper.
κ1973 Statutes of Nevada, Page 970 (CHAPTER 570, SB 584)κ
(f) Prime finance company paper.
(g) Bankers acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(i) Certificates of deposit issued by commercial banks.
2. The county may also provide that such proceeds or funds or investments and the rents payable under the lease or the installment payments payable pursuant to the agreement of sale shall be received, held and disbursed by one or more banks or trust companies located within or out of this state.
Sec. 10. NRS 244.9206 is hereby amended to read as follows:
244.9206 The county may also provide that:
1. The project and improvements to be constructed, if any, shall be constructed by the county, lessee or the lessees designee, purchaser or purchasers designee, or any one or more of them on real estate owned by the county, the lessee or the lessees designee, or the purchaser or the purchasers designee, as the case may be.
2. The bond proceeds shall be disbursed by the trustee bank or banks, trust company or trust companies, during construction upon the estimate, order or certificate of the lessee or the lessees designee [.] or of the purchaser or the purchasers designee.
[3. The project, if and to the extent constructed on real estate not owned by the county, shall be conveyed to the county not later than its completion.]
Sec. 11. NRS 244.9209 is hereby amended to read as follows:
244.9209 1. Prior to the initial leasing or sale of any project, the board shall determine:
(a) The amount necessary in each year to pay the principal of and the interest on the first bonds proposed to be issued to finance such project and on any subsequent issues of bonds which may be permitted under the lease or sale and authorizing proceedings pertinent to financings hereunder.
(b) The amount necessary to be paid each year into any reserve funds which the board may deem advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.
(c) The estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms under which the project is to be leased or sold provide that the lessee or purchaser shall maintain the project and carry all proper insurance with respect thereto.
2. The determination and findings of the board, required to be made by subsection 1, shall be set forth in the proceedings under which the proposed bonds are to be issued, but the foregoing amounts need not be expressed in dollars and cents in the lease or the agreement of sale and proceedings under which the bonds are authorized to be issued, but may be set forth in the form of a formula or formulas.
κ1973 Statutes of Nevada, Page 971 (CHAPTER 570, SB 584)κ
Sec. 12. NRS 244.921 is hereby amended to read as follows:
244.921 Prior to the issuance of any bonds authorized by NRS 244.9191 to 244.9219, inclusive, the county shall lease or sell the project to a lessee or purchaser under an agreement conditioned upon completion of the project and providing for payment to the county of such rentals or installment payments as, upon the basis of such determinations and findings, will be sufficient to:
1. Pay the principal of and interest on the bonds issued to finance the project.
2. Build up and maintain any reserves deemed advisable by the board in connection therewith.
3. Pay the costs of maintaining the project in good repair and keeping it properly insured, unless the agreement of lease or sale obligates the lessee or purchaser to pay for the maintenance and insurance on the project.
Sec. 13. NRS 244.9211 is hereby amended to read as follows:
244.9211 1. [The] If the project is to be leased, the lease may grant the lessee an option to purchase all or a part of the project at a stipulated purchase price or prices or at a price or prices to be determined upon appraisal as provided in the lease.
2. The option may be exercised at such time or times as the lease may provide.
3. The county and the lessee may agree and provide in the lease that all or a part of the rentals paid by the lessee prior to and at the time of the exercise of such option shall be applied toward such purchase price and shall be in full or partial satisfaction thereof.
Sec. 14. NRS 244.9213 is hereby amended to read as follows:
244.9213 1. The proceeds from the sale of any bonds shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds is not needed for the purpose for which the bonds were issued, such unneeded portion of such proceeds shall be applied to the payment of the principal of or the interest on the bonds.
2. The cost of acquiring any project shall be deemed to include the actual cost of acquiring a site or the cost of the construction of any part of a project which may [be] have been constructed, [including architects and engineers fees, the purchase price of any part of a project that may be acquired by purchase and all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition.] plus the total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement and extension of any project including without limitation:
(a) The cost of studies and surveys;
(b) Plans, specifications, architectural and engineering costs;
(c) Legal, organization, marketing or other special services;
(d) Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings;
(e) Rehabilitation, reconstruction, repair or remodeling of existing buildings;
κ1973 Statutes of Nevada, Page 972 (CHAPTER 570, SB 584)κ
(f) An initial bond and interest reserve together with interest on bonds issued to finance such projects to a date 6 months subsequent to the estimated date of completion; and
(g) All other necessary and incidental expenses.
Sec. 15. NRS 244.9215 is hereby amended to read as follows:
244.9215 1. When all principal of, interest on and any prior redemption premiums due in connection with the bonds issued for a project have been paid in full, and if [the] an option to purchase or option to renew [the] a lease, if any, contained in [the] such lease [have] has not been exercised as to all of the property contained in the project, the lease shall terminate and the county shall sell such remaining property or devote the same to county purposes other than those authorized by NRS 244.9191 to 244.9219, inclusive.
2. No county may operate any project as a business or in any other manner except as a lessor or seller thereof.
3. Any such sale which is not made pursuant to exercise of an option to purchase by the lessee or pursuant to an agreement of sale shall be conducted in the same manner as is then provided by law governing the issuers sale of surplus property.
Sec. 16. NRS 244.9216 is hereby amended to read as follows:
244.9216 Pursuant to NRS 361.060, all property owned by a county pursuant to NRS 244.9191 to 244.9219, inclusive, shall be and remain exempt from taxation. The lessee or purchaser shall pay all taxes assessed to him pursuant to NRS 361.157 and 361.159.
Sec. 17. NRS 244.9218 is hereby amended to read as follows:
244.9218 No action [shall] may be brought questioning the legality of any contract, lease, agreement of sale, mortgage, proceedings or bonds executed in connection with any project or improvements authorized by NRS 244.9191 to 244.9219, inclusive, from and after [60] 30 days from the effective date of the ordinance authorizing the issuance of such bonds.
Sec. 18. NRS 244.9219 is hereby amended to read as follows:
244.9219 1. NRS 244.9191 to 244.9219, inclusive, without reference to other statutes of the state, shall constitute full authority for the exercise of powers granted in NRS 244.9191 to 244.9219, inclusive, including but not limited to the authorization and issuance of bonds hereunder.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 244.9191 to 244.9219, inclusive, to be done, shall be construed as applying to any proceedings taken under NRS 244.9191 to 244.9219, inclusive, or acts done pursuant to NRS 244.9191 to 244.9219, inclusive, except for laws to which reference is expressly made in NRS 244.9191 to 244.9219, inclusive, or by necessary implication of NRS 244.9191 to 244.9219, inclusive.
3. The provisions of no other law, either general or local, except as provided in NRS 244.9191 to 244.9219, inclusive, shall apply to doing of the things authorized in NRS 244.9191 to 244.9219, inclusive, to be done, and no board, agency, bureau, commission or official not designated in NRS 244.9191 to 244.9219, inclusive, shall have any authority or jurisdiction over the doing of any of the acts authorized in NRS 244.9191 to 244.9219, inclusive, to be done, except as otherwise provided in NRS 244.9191 to 244.9219, inclusive.
κ1973 Statutes of Nevada, Page 973 (CHAPTER 570, SB 584)κ
done, and no board, agency, bureau, commission or official not designated in NRS 244.9191 to 244.9219, inclusive, shall have any authority or jurisdiction over the doing of any of the acts authorized in NRS 244.9191 to 244.9219, inclusive, to be done, except as otherwise provided in NRS 244.9191 to 244.9219, inclusive.
4. No notice, consent or approval by any public body or officer thereof shall be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 244.9191 to 244.9219, inclusive, except as provided in NRS 244.9191 to 244.9219, inclusive.
5. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of Nevada or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the counties is not applicable to any action taken pursuant to NRS 244.9191 to 244.9219, inclusive.
6. The powers conferred by NRS 244.9191 to 244.9219, inclusive, shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by NRS 244.9191 to 244.9219, inclusive, shall not affect the powers conferred by any other law.
[6.] 7. No part of NRS 244.9191 to 244.9219, inclusive, shall repeal or affect any other law or part thereof, except to the extent that NRS 244.9191 to 244.9219, inclusive, are inconsistent with any other law, it being intended that NRS 244.9191 to 244.9219, inclusive, shall provide a separate method of accomplishing its objectives, and not an exclusive one; and NRS 244.9191 to 244.9219, inclusive, shall not be construed as repealing, amending or changing any such other law except to the extent of such inconsistency.
Sec. 19. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Pollution means any form of environmental pollution including but not limited to water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination or noise pollution as determined by the various standards prescribed by this state or the Federal Government.
________
κ1973 Statutes of Nevada, Page 974κ
Senate Bill No. 417Senator Monroe
CHAPTER 571
AN ACT to permit garage owners to satisfy their liens on abandoned vehicles by acquiring title to such vehicles; 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 487.250 is hereby amended to read as follows:
487.250 1. The department or political subdivision shall, within 48 hours after the appraisal:
(a) Notify the director of the department of the removal of the vehicle. The notice shall contain:
(1) A description of the vehicle.
(2) The appraised value of the vehicle.
(3) A statement as to whether the vehicle will be junked [or dismantled.] , dismantled or otherwise disposed of.
(b) [Notify the director of the Nevada highway patrol.
(c)] Notify the registered owner and any person having a security interest in the vehicle by registered or certified mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds and pays the costs of removal.
2. Failure to reclaim within 15 days after official notification a vehicle appraised at [$100] $200 or less constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.
3. If all recorded interests in a vehicle appraised at [$100] $200 or less are waived, either as provided in subsection 2 or by written disclaimer by any person having an interest in the vehicle, the department shall issue a certificate of dismantling [.] to the automobile wrecker to whom the vehicle may have been delivered or a certificate of ownership to the garage owner if he elects to retain the vehicle and the vehicle is equipped as required by chapter 484 of NRS.
Sec. 2. NRS 487.260 is hereby amended to read as follows:
487.260 If the vehicle is appraised at a value of more than [$100] $200 the department or political subdivision which removed it shall dispose of it as provided in NRS 487.270.
Sec. 3. NRS 487.270 is hereby amended to read as follows:
487.270 1. Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage shall have a lien on the vehicle for the costs of towing and storing for a period not exceeding 90 days.
2. If the vehicle is appraised at a value of $200 or less and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage may satisfy his lien by retaining the vehicle and obtaining a certificate of ownership thereto as provided in NRS 487.250.
3. If the vehicle is appraised at a value of more than [$100] $200 and is not reclaimed within 90 days, the owner of the garage may satisfy his lien, in accordance with the provisions of NRS 108.267 to 108.360, inclusive.
κ1973 Statutes of Nevada, Page 975 (CHAPTER 571, SB 417)κ
and is not reclaimed within 90 days, the owner of the garage may satisfy his lien, in accordance with the provisions of NRS 108.267 to 108.360, inclusive.
________
Senate Bill No. 354Committee on Finance
CHAPTER 572
AN ACT relating to the repayment of costs pertaining to the state computer; providing for the repayment of the purchase cost of the computer; 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:
Commencing July 1, 1974, and continuing until the purchase cost of $2,263,000 for the computer at the computer facility has been paid, the commission shall pay annually to the state treasurer for deposit in the general fund in the state treasury 5 percent of the computer acquisition cost.
Sec. 2. NRS 242.100 is hereby amended to read as follows:
242.100 As used in NRS 242.100 to 242.350, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 242.110 to 242.170, inclusive, have the meanings ascribed to them in such sections.
________
Senate Bill No. 335Committee on Health, Welfare and State Institutions
CHAPTER 573
AN ACT relating to the registration of pharmacists; requiring continuing education of pharmacists as a prerequisite to registration or renewal of registration; 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 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Sections 2 to 7, inclusive, of this act, may be cited as the Pharmacy Continuing Professional Education Act of the State of Nevada.
κ1973 Statutes of Nevada, Page 976 (CHAPTER 573, SB 335)κ
Sec. 3. The legislature hereby finds and declares that:
1. The practice of the profession of pharmacy is directly related to the public health and welfare of the citizens of the State of Nevada and is subject to regulation and control in the public interest.
2. Because of the continuous introduction of new medicinal agents and the changing concepts of the delivery of health-care services in the practice of pharmacy, at both the institutional and community levels, it is essential that a pharmacist undertake a continuing-education program in order to maintain and improve his professional competency.
3. To assure the continued competency of the pharmacist and to maintain uniform qualifications for the licensing of pharmacists in order to protect the health and welfare of its citizens, the legislature deems it in the public interest to adopt a continuing professional education program.
4. Sections 2 to 7, inclusive, of this act shall be liberally construed in order to carry out their stated purposes.
Sec. 4. As used in sections 2 to 7, inclusive, of this act, the words and terms defined in this section have the meanings ascribed to them in this section unless the context otherwise requires:
1. Accredited program means those seminars, classes, meetings, work projects and other educational programs in pharmacy approved by the board for purposes of continuing professional education.
2. Continuing professional education means professional, pharmaceutical postgraduate education in the general areas of the socioeconomic and legal aspects of health care, the properties and actions of drugs and dosage forms, and the etiology, characteristics and therapeutics of the diseased organism.
3. Continuing-education unit means the unit of measurement of credits for continuing-education courses and programs.
Sec. 5. The board shall not:
1. Issue a certificate as a registered pharmacist to any person pursuant to NRS 639.133; or
2. Renew the certificate of any registered pharmacist,
until the applicant has submitted proof to the board of the receipt of the required number of continuing-education units, obtained through the satisfactory completion of an accredited program of continuing professional education during the previous year.
Sec. 6. The board shall adopt rules and regulations necessary to carry out the stated purposes of sections 2 to 7, inclusive, of this act, which shall include the methods of determining accredited programs, the number of hours of continuing professional education necessary to constitute a continuing-education unit, the number of units required annually of each pharmacist and such other rules and regulations consistent with sections 2 to 7, inclusive, of this act as the board may determine to be necessary.
Sec. 7. The board may grant to a registered pharmacist or applicant who meets all the requirements of this chapter except the continuing professional educational requirements alternate methods of obtaining continuing-education units through home-study courses or other such programs, examinations or other means of testing his acquired knowledge. These alternate methods shall be substantially equivalent in scope and content to the continuing professional education programs regularly scheduled; and only those persons are eligible for the alternative programs who, upon written application to the board and for good cause shown, demonstrate that they are unable to attend a sufficient number of regularly scheduled continuing professional education programs to obtain the requisite number of continuing-education units.
κ1973 Statutes of Nevada, Page 977 (CHAPTER 573, SB 335)κ
content to the continuing professional education programs regularly scheduled; and only those persons are eligible for the alternative programs who, upon written application to the board and for good cause shown, demonstrate that they are unable to attend a sufficient number of regularly scheduled continuing professional education programs to obtain the requisite number of continuing-education units. This section and all rules and regulations promulgated under this section shall be uniformly applied by the board.
Sec. 8. 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 sections 2 to 7, inclusive, 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 [.] and complying with the provisions of sections 2 to 7, inclusive, of this act.
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. 9. NRS 639.182 is hereby repealed.
Sec. 10. 1. Sections 2, 3, 4, 6 and 7 of this act, and this section, shall become effective on July 1, 1973.
2. Sections 5, 8 and 9 of this act shall become effective on July 1, 1974.
________
Senate Bill No. 163Senator Pozzi
CHAPTER 574
AN ACT relating to insurance; requiring prompt payment of motor vehicle physical damage claims; 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 686A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An insurer who issues vehicle insurance shall not delay making payment for any motor vehicle physical damage claim after receiving a statement of charges, pursuant to the provisions of NRS 487.035, from any person or garage previously authorized by the insurer to perform the repair work required by such physical damage claim.
κ1973 Statutes of Nevada, Page 978 (CHAPTER 574, SB 163)κ
any person or garage previously authorized by the insurer to perform the repair work required by such physical damage claim.
2. A delay, within the meaning of this section, is failure to issue a check or draft, payable to the person repairing or to the insured and person repairing jointly, within 30 days after the insurers receipt of the statement of charges for repair work which has been satisfactorily completed.
________
Senate Bill No. 151Senator Swobe
CHAPTER 575
AN ACT relating to the state park system; providing a penalty for violation of certain regulations.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 407 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The administrator shall from time to time adopt, amend and rescind such regulations as he finds necessary for carrying out the provisions of this chapter and other provisions of law governing the operation of the system. Such regulations may include, but need not be limited to, prohibitions and restrictions relating to activities within any of the park or recreational facilities within the jurisdiction of the system.
2. Any person whose conduct violates any regulation adopted pursuant to subsection 1, and who refuses to comply with such regulation upon request by any ranger or employee of the system who has been designated a peace officer pursuant to NRS 407.065, is guilty of a misdemeanor.
Sec. 2. NRS 407.047 is hereby amended to read as follows:
407.047 1. As the executive head of the system, the administrator shall direct and supervise all administrative, fiscal, budget and technical activities of the system, and all programs administered by the system as provided by law. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The administrator may organize the system into various sections and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The administrator shall:
(a) Coordinate the activities of the various sections of the system.
(b) Report to the director of the department of conservation and natural resources upon all matters pertaining to the administration of his office.
(c) Submit a biennial report to the director on the work of the system, with recommendations that he may deem necessary.
(d) Pursuant to the provisions of chapter 284 of NRS, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the system may require.
κ1973 Statutes of Nevada, Page 979 (CHAPTER 575, SB 151)κ
technical, clerical and operational staff as the execution of his duties and the operation of the system may require.
[(e) From time to time adopt, amend and rescind such regulations as he finds necessary for the operation of the system and for carrying out the provisions of the laws and the programs administered by the system. Such regulations shall have the force and effect of law.]
________
Assembly Bill No. 597Mr. Young
CHAPTER 576
AN ACT to amend an act entitled An Act authorizing the acquisition of an instruction building for Elko Community College and the issuance and sale of revenue bonds and other securities by the University of Nevada System for such project and the use and repayment of the receipts of such securities; prohibiting the acquisition of movable furniture and furnishings with the proceeds derived from the issuance and sale of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; making an appropriation from the general fund in the state treasury to the state planning board to be expended together with the proceeds of the university revenue bonds and other moneys for the acquisition of such project; imposing certain duties on the state planning board; and providing other matters properly relating thereto, approved April 23, 1971.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 467, Statutes of Nevada 1971, at page 918, is hereby amended by adding thereto a new section to be designated as section 4.5, which shall immediately follow section 4 and shall read as follows:
Section 4.5. 1. There is hereby appropriated from the general fund in the state treasury to the state planning board the sum of $134,154, to be disbursed as provided in subsection 2.
2. The state planning board may disburse the moneys appropriated in subsection 1, in addition to other moneys lawfully available, for acquisition of equipment for the project as provided in the following schedule:
Phase I
Agriculture, Automotive Lab............................................. $14,191
Business Lab......................................................................... 15,837
Drafting Lab......................................................................... 10,053
Electronics Lab.................................................................... 13,471
Culinary Arts........................................................................ 8,880
Mechanical Technology Lab............................................ 17,735
Art Lab................................................................................... 2,282
Science Lab.......................................................................... 730
Office Furniture................................................................... 4,020
______
$87,199 Phase II
κ1973 Statutes of Nevada, Page 980 (CHAPTER 576, AB 597)κ
Phase II
Learning Resources Center............................................... $60,000
Photo Lab............................................................................. 5,073
Student Center..................................................................... 6,521
Child Development Center................................................ 2,900
Language Lab...................................................................... 6,875
Nursing.................................................................................. 7,821
______
$89,190
______
Total............................................................................... $176,389
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 543Mrs. Brookman, Messrs. Crawford, Bremner, Smalley, Banner, Hafen, Hickey, Barengo, Mrs. Gojack, Messrs. Ullom, May, Glover, Vergiels, Fry, Hayes, Broadbent, Bennett, Smith, Dini, Huff, Lowman, Wittenberg, Bickerstaff, Schofield, Prince and Ashworth
CHAPTER 577
AN ACT relating to employment practices; repealing requirements for compulsory retirement of classified employees in the state personnel system on the basis of age; providing for year-to-year employment of classified employees 65 years of age or older; prohibiting discrimination in other public employment and in private employment because of age; providing duties of the labor commissioner in connection with such prohibition; 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 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Beginning on July 1, 1973, any employee in the classified service of the state personnel system who is 65 years of age or older may be hired or continued in the classified service on a year-to-year basis.
Sec. 2. NRS 281.370 is hereby amended to read as follows:
281.370 1. All personnel actions taken by state, county or municipal departments, agencies, boards or appointing officers thereof shall be based solely on merit and fitness.
2. State, county or municipal departments, agencies, boards or appointing officers thereof shall not:
(a) Refuse to hire a person because of such persons race, color, creed, national origin [or sex,] , sex or age, unless based upon a bona fide occupational classification.
(b) Discharge or bar any person from employment because of such persons race, creed, color, national origin [or sex.] , sex or age.
(c) Discriminate against any person in compensation or in other terms or conditions of employment because of such persons race, creed, color, national origin [or sex.]
κ1973 Statutes of Nevada, Page 981 (CHAPTER 577, AB 543)κ
national origin [or sex.] , sex or age, except as provided in section 1 of this act.
Sec. 3. NRS 338.125 is hereby amended to read as follows:
338.125 1. It is unlawful for any contractor in connection with the performance of work under a contract with the state, or any of its political subdivisions, when payment of the contract price, or any part of such payment, is to be made from public funds, to refuse to employ or to discharge from employment any person because of his race, color, creed, national origin [or sex,] , sex or age, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his race, creed, color, national origin [or sex.] , sex or age.
2. Contracts negotiated between contractors and the state, or any of its political subdivisions, shall contain the following contractual provisions:
In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin [or sex.] , sex or age. Such agreement shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
The contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials.
3. Any violation of such provision by a contractor shall constitute a material breach of contract.
Sec. 4. NRS 613.330 is hereby amended to read as follows:
613.330 1. It is an unlawful employment practice for an employer:
(a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individuals race, color, religion, sex, age, physical or visual handicap or national origin; or
(b) To limit, segregate or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individuals race, color, religion, sex, age, physical or visual handicap or national origin.
2. It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, age, physical or visual handicap or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, age, physical or visual handicap or national origin.
3. It is an unlawful employment practice for a labor organization:
(a) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, age, physical or visual handicap or national origin;
(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individuals race, color, religion, sex, age, physical or visual handicap or national origin; or
κ1973 Statutes of Nevada, Page 982 (CHAPTER 577, AB 543)κ
fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individuals race, color, religion, sex, age, physical or visual handicap or national origin; or
(c) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
4. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of his race, color, religion, sex, age, physical or visual handicap or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.
5. It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against the physically or visually handicapped by interfering, directly or indirectly, with the use of an aid or appliance, including guide dogs, by such physical or visually handicapped individual.
Sec. 5. NRS 613.340 is hereby amended to read as follows:
613.340 1. It is an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by NRS 613.310 to 613.420, inclusive, or because he has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under NRS 613.310 to 613.420, inclusive.
2. It is an unlawful employment practice for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, sex, age or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, age or national origin when religion, sex, age or national origin is a bona fide occupational qualification for employment.
Sec. 6. NRS 613.350 is hereby amended to read as follows:
613.350 Notwithstanding any other provision of NRS 613.310 to 613.420, inclusive:
1. It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, age, physical or visual handicap or national origin in those certain instances where religion, sex, age or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and
κ1973 Statutes of Nevada, Page 983 (CHAPTER 577, AB 543)κ
controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, age, physical or visual handicap or national origin in those certain instances where religion, sex, age or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and
2. It is not an unlawful employment practice for an employer to fail or refuse to hire and employ employees, for an employment agency to fail to classify or refer any individual for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any individual for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any individual in any such program, on the basis of his physical or visual handicap in those certain instances where physical or visual condition is a bona fide and relevant occupational qualification necessary to the normal operation of that particular business or enterprise, provided it is shown that the particular physical or visual handicap would prevent proper performance of the work for which the handicapped individual would otherwise have been hired, classified, referred or prepared under a training or retraining program.
3. It is not an unlawful employment practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of such school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion.
4. It is not an unlawful employment practice for an employer to observe the terms of any bona fide employee benefit plan such as a retirement, pension or insurance plan, which is not a subterfuge to evade the provisions of NRS 613.310 to 613.420, inclusive, as they relate to discrimination against an individual because of age, except that no such employee benefit plan shall excuse the failure to hire any individual.
Sec. 7. NRS 613.380 is hereby amended to read as follows:
613.380 Notwithstanding any other provision of NRS 613.310 to 613.420, inclusive, it is not an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, age or national origin, nor is it an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex, age or national origin.
κ1973 Statutes of Nevada, Page 984 (CHAPTER 577, AB 543)κ
Sec. 8. NRS 613.400 is hereby amended to read as follows:
613.400 Nothing contained in NRS 613.310 to 613.420, inclusive, requires any employer, employment agency, labor organization or joint labor-management committee subject to NRS 613.310 to 613.420, inclusive, to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, age or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, age or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, age or national origin in any community, section or other area, or in the available work force in any community, section or other area.
Sec. 9. NRS 613.405 is hereby amended to read as follows:
613.405 1. Any person injured by an unfair employment practice within the scope of NRS 613.310 to 613.400, inclusive, may file a complaint to that effect with:
(a) The Nevada commission on equal rights of citizens if the complaint is based on discrimination because of race, color, religion or national origin.
(b) The labor commissioner if the complaint is based on discrimination because of sex [.] or age.
2. The Nevada commission on equal rights of citizens may initiate its own investigation of any such practice which is based on discrimination because of race, color, religion or national origin, and the labor commissioner may initiate his own investigation of any such practice which is based on discrimination because of sex [.] or age.
Sec. 10. NRS 284.378 is hereby repealed.
________
Assembly Bill No. 533Messrs. Craddock, Hayes and Ullom
CHAPTER 578
AN ACT to amend NRS 574.010, relating to cruelty to animals, by permitting more than one corporation in each county to exercise the privileges conferred upon societies for the prevention of cruelty to animals.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 574.010 is hereby amended to read as follows:
574.010 [1.] Any three or more citizens of the State of Nevada who [shall] incorporate as a body corporate under the general laws for corporations in this state (chapter 78 of NRS), for the purpose of preventing cruelty to animals, may avail themselves of the privileges and benefits of NRS 574.010 to 574.040, inclusive.
κ1973 Statutes of Nevada, Page 985 (CHAPTER 578, AB 533)κ
[2. The corporate body first incorporating in any county shall be the only one so entitled to the benefits and privileges of NRS 574.010 to 574.040, inclusive, in such county.]
________
Assembly Bill No. 499Messrs. Robinson, Mello, Howard, Barengo, Banner, Hayes, Glover, Dreyer, Demers, Vergiels, Prince, Wittenberg, Smalley, Crawford, Craddock, Bickerstaff, Bremner, Ullom, Smith, May, Mrs. Brookman, Messrs. Hickey, Hafen, Mrs. Gojack, Messrs. Bennett and Fry
CHAPTER 579
AN ACT making an appropriation from the general fund to the business enterprise contingent fund for the blind.
[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 business enterprise contingent fund for the blind, created pursuant to NRS 426.675, the sum of $50,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 106Committee on Taxation
CHAPTER 580
AN ACT simplifying the procedure for claiming tax exemptions; 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 361.080 is hereby amended to read as follows:
361.080 The property of widows and orphan children, not to exceed the amount of $1,000 assessed valuation, shall be exempt from taxation, but no such exemption shall be allowed to anyone but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family. For the purpose of this section, property in which such person has any interest shall be deemed the property of such person. The person or persons claiming such exemption shall [make an affidavit, before the county assessor, of] file with the county assessor an affidavit declaring such residence and that such exemption has been claimed in no other county in this state for that year.
Sec. 2. NRS 361.085 is hereby amended to read as follows:
361.085 1. The property, including community property to the extent only of his or her right or interest therein, of all totally blind persons, not to exceed the amount of $3,000 assessed valuation, shall be exempt from taxation, but no such exemption shall be allowed to anyone but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family.
κ1973 Statutes of Nevada, Page 986 (CHAPTER 580, AB 106)κ
extent only of his or her right or interest therein, of all totally blind persons, not to exceed the amount of $3,000 assessed valuation, shall be exempt from taxation, but no such exemption shall be allowed to anyone but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family. The person or persons claiming such exemption shall [make an affidavit, before the county assessor, of] file with the county assessor an affidavit declaring such residence and that such exemption has been claimed in no other county in this state for that year. Upon first claiming such exemption in a county the claimant shall furnish to the assessor a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a totally blind person.
2. As used in subsection 1, totally blind persons includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
Sec. 3. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:
(a) Was such a resident for a period of more than 3 years before December 31, 1963, or who was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; or
(b) Was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and whatever date may be proclaimed by the President of the United States as the termination of hostilities in Viet Nam,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, shall be exempt from taxation.
2. For the purpose of this section the first $1,000 assessed valuation of property in which such person has any interest shall be deemed the property of such person.
3. The exemption shall be allowed only to a claimant who [shall make] files an affidavit annually, on or before the 1st Monday in August, for the purpose of being exempt on the tax roll, but the affidavit may be [made] filed at any time by a person claiming exemption from taxation on personal property.
4. The affidavit [shall be made before] shall be filed with the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he or she meets all the other requirements of subsection 1, and that such exemption is claimed in no other county within this state.
5. Persons in actual military service shall be exempt during the period of such service from filing annual affidavits of exemption and the county assessors are directed to continue to grant exemption to such persons on the basis of the original affidavits filed.
κ1973 Statutes of Nevada, Page 987 (CHAPTER 580, AB 106)κ
of such service from filing annual affidavits of exemption and the county assessors are directed to continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be [made] filed in his or her behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person [shall make] files a false affidavit or [produce] produces false proof to the county assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, he or she is guilty of a gross misdemeanor.
________
Senate Bill No. 444Committee on Commerce and Labor
CHAPTER 581
AN ACT relating to real estate brokers; progressively increasing the education requirements to obtain a real estate brokers license; requiring real estate brokers to file certain reports; requiring the real estate division to investigate certain records; 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 645.343 is hereby amended to read as follows:
645.343 1. [On and after July 1, 1960, in] In addition to the other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfully completed, within 1 year prior to the date of his application for a brokers license, a course of instruction in real estate principles, practices, procedures and ethics, which course may be an extension or correspondence course offered by the University of Nevada System, or any other accredited college or university, or by any other college or school approved as provided in NRS 645.345.
2. [An] Prior to July 1, 1974, an applicant for an original real estate brokers license may substitute, in lieu of the educational requirement, proof satisfactory to the real estate division that he was continuously licensed as a real estate salesman in this state or as a real estate broker or salesman in another state or district for at least 1 year within the 3 years immediately prior to the date of his application, and continuously during such time was actively engaged in the business of real estate salesman or broker.
κ1973 Statutes of Nevada, Page 988 (CHAPTER 581, SB 444)κ
the 3 years immediately prior to the date of his application, and continuously during such time was actively engaged in the business of real estate salesman or broker.
3. On and after July 1, 1974, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfully completed:
(a) A college level course of three semester units or an equivalent number of quarter units in real estate law and another course of equal length in the principles of real estate; and
(b) Two years of full-time active experience as a real estate salesman licensed under the provisions of this chapter.
4. On and after January 1, 1976, in addition to the other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfully completed nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics.
5. On and after January 1, 1978, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfuly completed nine semester units or the equivalent in quarter units of college level courses in real estate, business or economics.
6. On and after January 1, 1982, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfully completed 45 semester units or the equivalent in quarter units of college level courses.
7. On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has completed 64 semester units or the equivalent in quarter units of college level courses in real estate, business and economics.
8. On and after January 1, 1978, for the purposes of this section, each person holding a valid real estate salesmans license under the provisions of this chapter shall receive credit for the equivalent of 16 semester units of college level courses for each two years of active experince he has as a licensed real estate salesman.
9. The educational requirements of this section may be waived partially or completely by the commission if the applicant for an original real estate brokers license furnishes proof satisfactory to the commission that he resides in a rural county where educational resources are not available and where excess travel would work a hardship on the applicant in meeting such requirements.
Sec. 2. Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 5, inclusive, of this act.
Sec. 3. On or before January 1 of each year, each licensed real estate broker shall file with the real estate division a memorandum listing each real estate broker-salesman and each real estate salesman in his employ.
κ1973 Statutes of Nevada, Page 989 (CHAPTER 581, SB 444)κ
Sec. 4. On and after January 1, 1986, no real estate salesman may manage or supervise an office for a real estate broker.
Sec. 5. On and after January 1, 1986:
1. The real estate division shall regularly inspect the records of all real estate brokers to ensure compliance with the provisions of this chapter.
2. The commission shall adopt rules and regulations with respect to such inspections.
________
Assembly Bill No. 497Messrs. Dreyer, Wittenberg, Robinson, Mello, Vergiels, Barengo, Banner, Howard, Hayes, Glover, Demers, Crawford, Smalley, Prince, Bickerstaff, Dini, Bremner, Bennett, May, Mrs. Brookman, Mr. Getto, Mrs. Gojack, Messrs. Hafen, Hickey, Ullom, Smith and Schofield
CHAPTER 582
AN ACT making an appropriation from the general fund in the state treasury to the department of economic development for the purpose of providing funds for the National Governors Conference to be held at Lake Tahoe, Nevada, June 3 to June 6, 1973; 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. There is hereby appropriated from the general fund in the state treasury to the state department of economic development the sum of $175,000 for the purpose of providing funds for the National Governors Conference to be held at Lake Tahoe, Nevada, June 3 to June 6, 1973.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 390Mr. Fry
CHAPTER 583
AN ACT to create a new chapter which provides for the licensing and regulation of hearing aid specialists; providing that the chapter will be administered by a board; requiring examinations of prospective licensees; providing fees; providing penalties; creating the hearing aid licensing 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. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 42, inclusive, of this act.
κ1973 Statutes of Nevada, Page 990 (CHAPTER 583, AB 390)κ
Sec. 2. This chapter may be cited as the Hearing Aid Specialists Act.
Sec. 3. As used in this chapter, unless the context otherwise requires:
1. Board means the board of hearing aid specialists.
2. Chairman means the chairman of the board.
3. Hearing aid means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, including earmolds, but excluding batteries and cords.
4. Hearing aid specialist means any person who performs necessary hearing tests and fits and dispenses hearing aids at retail to persons suffering from deafness.
5. License means a certificate issued by the board showing that the holder has qualified to engage in the business of a hearing aid specialist.
6. Manufacturer means any person, firm, association or corporation that assembles, manufactures or fabricates hearing aids or any parts or supplies used in connection therewith.
7. Member means member of the board.
8. Practice of fitting and dispensing hearing aids means the measurement of human hearing by means of an audiometer or by any other means and the selection, adaptation, distribution or sale of hearing aids, and the instruction and counseling pertaining thereto. The term also includes the making of impressions for earmolds. A hearing aid specialist, at the request of a physician or a member of related professions, may make audiograms for the physician or members use in consultation with the hard of hearing.
9. Secretary means secretary of the board.
Sec. 4. The state board of hearing aid specialists is hereby established.
Sec. 5. 1. The board shall:
(a) Consist of three members, appointed by the governor, to serve at the pleasure of the governor. Each appointment shall expire at the end of 4 years from the date of appointment if not terminated prior to that date, except that one of the first appointments to the board shall so expire at the end of 3 years.
(b) Elect a chairman and secretary from its members, who shall hold office for 1 year and until the election and qualification of their successors.
(c) Meet at such times and places as are specified by the chairman or a majority of the board.
2. A majority of the board constitutes a quorum for the transaction of business.
Sec. 6. 1. Two members of the board each shall be:
(a) Licensed by the board as a hearing aid specialist. Nothing in this paragraph applies to members of the first board appointed under this chapter.
(b) Actively engaged in the business of a hearing aid specialist at the time of his appointment.
2. One member shall be a consumer.
3. No member of the board shall be a stockholder in any hearing aid manufacturing firm.
κ1973 Statutes of Nevada, Page 991 (CHAPTER 583, AB 390)κ
Sec. 7. 1. As soon as practicable after July 1, 1973, the governor shall appoint the first members of the board.
2. The two members required pursuant to subsection 1 of section 6 of this act shall be hearing aid specialists actively engaged in the business of a hearing aid specialist for not less than 3 years immediately preceding their appointment.
Sec. 8. Within 30 days after the day of their appointment, the board shall hold a meeting to elect officers as provided in this chapter, and to adopt reasonable rules and regulations for their own government and for the administration of this chapter.
Sec. 9. Vacancies on the board shall be filled by the governor. A vacancy on the board occurs when a member dies, is convicted of a felony or a gross misdemeanor involving moral turpitude, becomes mentally or physically incompetent, removes from the state, resigns, is removed by the governor or is ineligible to hold office.
Sec. 10. 1. Promptly after the happening of an event creating a vacancy on the board, the chairman of the board and the secretary, or one of them, shall certify to the governor that such an event has occurred and that a vacancy exists.
2. Promptly after the certification to and finding by the governor that an event has happened creating a vacancy on the board and that such a vacancy exists, the governor shall fill the vacancy.
Sec. 11. 1. All fees provided for in this chapter shall be paid to the board.
2. All fees paid to the board shall be received by the secretary and deposited by him with the state treasurer to the credit of the hearing aid licensing fund, which is hereby created.
Sec. 12. Members shall serve without compensation, but are allowed the per diem allowance and traveling expenses fixed by law, which shall be paid out of the hearing aid licensing fund.
Sec. 13. All necessary expenses incurred by the board in the performance of its duties shall be evidenced on claims signed by the chairman and secretary and shall be paid out of the hearing aid licensing fund, as other claims against the state are paid.
Sec. 14. The board shall:
1. Administer and enforce the provisions of this chapter.
2. Adopt reasonable rules and regulations for its administration and government and for the administration of this chapter pursuant to the Nevada Administrative Procedure Act.
3. Administer and conduct comprehensive examinations of applicants, which shall test the applicants fitness to engage in the business of a hearing aid specialist. All examination papers shall be kept by the board for at least 1 year after the date of such examination.
4. Such examinations shall be given upon the request of any applicant, but not more than once every 90 days.
Sec. 15. The board may:
1. Appoint a technical, clerical and operational staff as may be required, from the classified personnel of the State of Nevada, under the provisions of chapter 284 of NRS. The number of the staff appointed shall be limited by the funds available for such purpose in the hearing aid licensing fund.
κ1973 Statutes of Nevada, Page 992 (CHAPTER 583, AB 390)κ
shall be limited by the funds available for such purpose in the hearing aid licensing fund.
2. Grant or refuse licenses after examination and revoke or suspend the same for any of the causes specified in this chapter pursuant to the Nevada Administrative Procedure Act.
3. Administer oaths, take depositions, issue subpenas and take testimony for the purpose of any hearing authorized by this chapter.
4. Establish reasonable educational requirements for applicants.
Sec. 16. The board shall adopt and use an official seal. The presence of the seal on any document, record or order of the board is prima facie evidence of the authenticity thereof.
Sec. 17. An application for an examination shall be filed in writing with the board at least 15 days prior to the examination, and shall be accompanied by the examination fee prescribed in section 34 of this act.
Sec. 18. The application shall be under oath and shall contain information to satisfy the board that:
1. The applicant is a citizen of the United States and is over 21 years of age.
2. The applicant is of good moral character.
3. The applicant has met the minimum educational requirements established by the board.
Sec. 19. 1. The board shall approve or disapprove each application. If the board is satisfied that the information contained in the application is true, and that the applicant is qualified to take the examination, and that he has paid the required examination fee, it shall approve the application.
2. If the board approves the application the secretary shall promptly notify the applicant in writing of such approval and of the time and place of examination.
3. If the board disapproves the application the secretary shall promptly notify the applicant in writing of such disapproval, stating the reasons therefor.
Sec. 20. Any applicant whose application is approved by the board may take the examination required in section 14 of this act.
Sec. 21. 1. Subject to the provisions of section 22 of this act, any person who intends to commence business as a hearing aid specialist shall comply with the following requirements:
(a) Make application for examination.
(b) Take and pass the examination.
(c) Pay the prescribed fees, including the annual license fee and the initial license fee prescribed in section 34 of this act.
2. The license shall be issued and delivered by the secretary to the licensee therein named upon compliance by the licensee with the requirements prescribed in subsection 1.
Sec. 22. Any person who has been engaged in the business of a hearing aid specialist in the State of Nevada for not less than 90 days immediately preceding January 31, 1973, shall, upon application before October 1, 1973, and payment of the required annual license fee and initial license fee, be issued a hearing aid specialist license without examination.
κ1973 Statutes of Nevada, Page 993 (CHAPTER 583, AB 390)κ
Sec. 23. 1. No firm, association, partnership or corporation may engage in the business of a hearing aid specialist in this state unless at least one member, partner or corporate officer, as the case may be, is licensed as a hearing aid specialist.
2. Every such firm, association, partnership or corporation shall display in a conspicuous location in its place of business the license of at least one of its members, partners or officers.
Sec. 24. Every licensee shall display his license in a conspicuous place in his principal place of business.
Sec. 25. 1. Licenses shall expire on June 30 next following the date of issuance.
2. Licenses may be renewed for 1 year from each succeeding July 1, upon payment of the annual license fee prescribed in section 34 of this act.
3. A license which has expired for failure to pay the annual license fee shall be reinstated by the board, without examination, upon payment of the lapsed renewal fee, in addition to the annual license fee, within 5 years after the date of expiration.
Sec. 26. The board may revoke or suspend a license after a hearing which discloses that the licensee:
1. Has been convicted of a felony or a misdemeanor involving moral turpitude.
2. Obtained the license by fraud or misrepresentation.
3. Obtained any fee by fraud or misrepresentation.
4. Has made any false or fraudulent statements concerning hearing aids.
5. Has been guilty of negligence, incompetence or misconduct in the fitting of any hearing aid.
6. Has loaned or transferred his license to another person.
7. Willfully violated any law of this state or any provision of this act regulating hearing aid specialists.
8. Is habitually intemperate.
Sec. 27. 1. A complaint may be made against any licensee charging one or more of the causes for which such license may be revoked or suspended with such particularity as to enable the defendant licensee to prepare a defense thereto.
2. The complaint shall be made in writing and shall be signed and verified by the person making it and shall be filed in triplicate within 60 days after the commission of the last act complained of.
Sec. 28. As soon as practicable after the filing of a complaint the board shall fix a date for the hearing thereof, which date shall not be less than 20 days thereafter. The secretary shall immediately mail, by registered mail, to the defendant licensee, a copy of the complaint and a notice showing the date and place fixed for the hearing.
Sec. 29. The hearing of a complaint shall be conducted as required by the Nevada Administrative Procedure Act.
Sec. 30. 1. The board may, in the exercise of reasonable discretion, revoke the license, suspend the license for a fixed time or dismiss the complaint.
κ1973 Statutes of Nevada, Page 994 (CHAPTER 583, AB 390)κ
2. If a license is suspended, it shall be surrendered to the board and returned to the licensee upon termination of the suspension period.
Sec. 31. The board may, in its discretion, reinstate any license after revocation upon payment of the reinstatement fee as prescribed in section 34 of this act.
Sec. 32. The board shall keep a record of all hearings and examinations conducted under the provisions of this chapter.
Sec. 33. Any action, determination, regulation or rule, taken, made or adopted by the board, adversely affecting any applicant, examinee or licensee, does not affect the right to judicial review.
Sec. 34. The following fees shall be charged under the provisions of this chapter:
Examination fee............................................................................................... $50
Initial license fee............................................................................................. 50
Annual license fee......................................................................................... 50
Lapsed renewal fee........................................................................................ 50
per year for each year, or fraction thereof, that the annual license fee has not been paid.
Reinstatement fee........................................................................................... 50
Sec. 35. No person may give, sell, transfer, or offer to give, sell or transfer, or alter any license.
Sec. 36. No person may engage in the business of a hearing aid specialist under an assumed name with intent to defraud the public or without a valid, unrevoked license.
Sec. 37. Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
Sec. 38. A licensed hearing aid specialist may employ any person 21 years of age or over to engage in the business of a hearing aid specialist if such person is registered with the board as a hearing aid specialist apprentice.
Sec. 39. All work done by a hearing aid specialist apprentice shall be supervised by a licensed hearing aid specialist, and the licensed hearing aid specialist shall be responsible and civilly liable for the negligence or incompetence of the apprentice under his supervision.
Sec. 40. No person may serve as a hearing aid specialist apprentice for a period longer than 2 years without taking the examination required by this chapter.
Sec. 41. This chapter does not apply to any physician licensed to practice medicine in Nevada nor to the Veterans Administration hearing aid dispensing program.
Sec. 42. This chapter does not apply to any person who measures human hearing for any purpose, including the selection of hearing aids, if such person does not dispense hearing aids or accessories.
________
κ1973 Statutes of Nevada, Page 995κ
Assembly Bill No. 388Mr. Hickey
CHAPTER 584
AN ACT to amend NRS 584.135, relating to adoption of rules and regulations governing the manufacture of butter, by removing the requirement that they be approved by the director of the agricultural extension department of the public service division of the University of Nevada System.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 584.135 is hereby amended to read as follows:
584.135 [1.] The commissioner of food and drugs is authorized and empowered [, subject to the provisions of subsection 2,] to make and enforce such reasonable rules and regulations, within the meaning and purposes of NRS 584.110 to 584.160, inclusive, as may be necessary in their administration, and which may include the sanitary production, care and handling of milk and cream used in the making of butter.
[2. The rules and regulations provided for in subsection 1 shall first be approved by the director of the agricultural extension department of the public service division of the University of Nevada System.]
________
Assembly Bill No. 374Mr. Dini and Mrs. Ford
CHAPTER 585
AN ACT relating to the state park system; requiring the concurrence of the interim finance committee for park acquisitions; 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 407.063 is hereby amended to read as follows:
407.063 [1. Except as provided in subsection 2, the] The system may acquire, [without prior legislative approval,] with the concurrence of the interim finance committee, and within the limits of legislative appropriation where funds are required, real or personal property by lease, purchase, gift, grant, devise or in any other manner. The right of eminent domain as provided by chapter 37 of NRS may be exercised by the system. [only after express approval in each case by the legislature, or with respect to property whose acquisition is directed by the legislative commission pursuant to law.
2. Unless such acquisition is directed by the legislative commission pursuant to law, if the acquisition of any real or personal property by the system would require, or might require, appropriations by the legislature for the purpose of matching moneys acquired, or of maintaining property acquired on a continuing basis (except for custodial care), or of completing or maintaining on a continuing basis any project or enterprise undertaken with money or property acquired, the system shall not acquire such property without prior legislative approval in the form of a concurrent resolution.
κ1973 Statutes of Nevada, Page 996 (CHAPTER 585, AB 374)κ
undertaken with money or property acquired, the system shall not acquire such property without prior legislative approval in the form of a concurrent resolution. Nothing in this subsection shall be construed to prevent negotiations by the system concerning such acquisition prior to legislative approval.] The interim finance committee may clarify the legislative intent of an appropriation at the request of any member of the commission or the administrator.
________
Assembly Bill No. 360Messrs. Getto, Howard and Dini
CHAPTER 586
AN ACT relating to the state board of agriculture; providing salaries for board members.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 561.075 is hereby amended to read as follows:
561.075 While engaged in official business of the department, the members of the board shall receive: [the]
1. Salaries not exceeding $25 per day for each member attending meetings or performing other official business, such sums to be apportioned and paid from any funds available to the department.
2. The per diem expense allowance and travel expenses as provided by law.
________
Senate Bill No. 135Senators Lamb, Herr, Gibson, Drakulich and Pozzi
CHAPTER 587
AN ACT relating to the public employees retirement system; declaring the policy 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. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is the policy of this state to provide, through the public employees retirement system:
(a) A reasonable base income to qualified employees who have been employed by a public employer and whose earning capacity has been removed or has been substantially reduced by age or disability.
(b) An orderly method of promoting and maintaining a high level of service to the public through an equitable separation procedure, which is available to employees at retirement or upon becoming disabled.
κ1973 Statutes of Nevada, Page 997 (CHAPTER 587, SB 135)κ
service to the public through an equitable separation procedure, which is available to employees at retirement or upon becoming disabled.
(c) A system which will make government employment attractive to qualified employees in various categories of service and which will encourage these employees to remain in government service for such periods of time as to give the public employer full benefit of the training and experience gained by these employees while employed by public employers.
2. It is the purpose of this chapter to make suitable provision for the accomplishment of the policy stated in subsection 1. The board shall define the intermediate objectives and operating guide lines it considers necessary to produce the maximum in economy, efficiency and effectiveness within the system.
Sec. 2. 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] the public employees retirement system policy, as expressed in section 1 of this act. The fund shall be invested and administered to assure the highest return consistent with safety in accordance with accepted investment practices.
________
Senate Bill No. 319Committee on Federal, State and Local Governments
CHAPTER 588
AN ACT to amend chapter 268 of NRS, relating to the government of incorporated cities and incorporated towns by adding new sections authorizing public improvements, their acquisition, improvement, equipment, operation and maintenance, and the issuance of bonds for public improvements; providing for the payment of such bonds and additionally securing their payment by a pledge of municipal revenues; concerning other securities pertaining to such improvements; otherwise concerning powers, duties, rights, privileges, immunities, liabilities, disabilities, limitations and other details in connection therewith; 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 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 36, inclusive, of this act.
Sec. 2. Sections 2 to 36, inclusive, of this act may be cited as the City Bond Law.
Sec. 3. Except as otherwise provided in this City Bond Law, terms used or referred to herein are as defined in the Local Government Securities Law; but the definitions in sections 4 to 30, inclusive, of this City Bond Law, except where the context otherwise requires, govern the construction hereof.
κ1973 Statutes of Nevada, Page 998 (CHAPTER 588, SB 319)κ
used or referred to herein are as defined in the Local Government Securities Law; but the definitions in sections 4 to 30, inclusive, of this City Bond Law, except where the context otherwise requires, govern the construction hereof.
Sec. 4. Building project means any public building or complex of buildings to accommodate or house lawful municipal activities, including without limitation courts, records, municipal personnel, administrative offices, welfare facilities, hospital facilities, detention home facilities, jail facilities, juvenile home facilities, library facilities, museum facilities, theater facilities, art galleries, picture galleries, auditorium facilities, exposition facilities, athletic facilities, maintenance shops, offstreet parking facilities, fire protection and fire fighting facilities, transportation terminal facilities and fallout shelter facilities (or any combination thereof), and structures, fixtures, furnishings and equipment therefor.
Sec. 5. Cemetery project means facilities pertaining to a municipal cemetery for use of all inhabitants of the municipality, including without limitation sites therefor, mortuaries, mausoleums, crematories, coffins, urns, markers (or any combination thereof), and other buildings, structures, fixtures, furnishings and equipment therefor.
Sec. 6. Communications project means facilities pertaining to a municipal communications system for the broadcast, translation, transmission and relay of television, radio, telephone or telegraph, including without limitation subsurface, surface and elevated transmission and distribution lines, towers, generators, power plants, stations, conduits, engines, meters, poles, resistors, transformers, cables, apparatus, tools, and other buildings, structures, fixtures, furnishings, equipment and other communications facilities (or any combination thereof).
Sec. 7. Drainage project, or flood control project, or any phrase of similar import, means any natural and artificial water facilities for the collection, channeling, impoundment and disposal of rainfall, other surface and subsurface drainage waters, and storm and flood waters, including without limitation ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, waterlines, sluices, flumes, syphons, sewerlines, pipes, conduits, culverts, other transmission lines, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures and buildings, flood warning service and appurtenant telephone, telegraph, radio and television apparatus and other water division, drainage and flood control facilities (or any combination thereof).
Sec. 8. Electric project means facilities pertaining to a municipal electric heat, light and power system for the generation, transportation and distribution of electrical energy, including without limitation ponds, lakes, dams, spillways, reservoirs, towers, generators, pumping plants, power plants, pumping stations, gauging stations, conduits, transmission lines, engines, boilers, pumps, meters, poles, resistors, transformers, apparatus, tools, equipment, fixtures, structures, buildings and other electric energy generation, transmission and distribution facilities (or any combination thereof).
κ1973 Statutes of Nevada, Page 999 (CHAPTER 588, SB 319)κ
lines, engines, boilers, pumps, meters, poles, resistors, transformers, apparatus, tools, equipment, fixtures, structures, buildings and other electric energy generation, transmission and distribution facilities (or any combination thereof).
Sec. 9. Equipment or equip means the furnishing of all necessary, desirable, useful, related or appurtenant furniture, fixtures and other facilities (or any combination thereof) pertaining to any project, or any interest therein herein authorized, and includes the acquisition of passenger cars, pickups, other trucks and other motor vehicles for use by the municipality in connection with municipal facilities or division of government to which such project pertains, as the governing body of the municipality may determine.
Sec. 10. Fire protection project means any facilities for a municipal fire protection system, including without limitation fire stations, pumper trucks, hook and ladder trucks, rescue trucks, fire engines, other motor vehicles, water works, hydrants, other water supply facilities, telegraphic fire signals, telephone, telegraph, radio and television service facilities, hooks, ladders, chutes, buckets, gauges, hoses, pumps, fire extinguishers, fans, artificial lights, respirators, rescue equipment and other fire protection and fire fighting apparatus (or any combination thereof), and other buildings, structures, furnishings and equipment therefor.
Sec. 11. Flood control project means a drainage project as herein defined.
Sec. 12. Hereby, herein, hereinabove, hereinafter, hereinbefore, hereof, hereto and hereunder refer to this City Bond Law and not solely to the particular portion thereof in which such word is used.
Sec. 13. Municipal means pertaining to a municipality as herein defined.
Sec. 14. Municipality means any incorporated city or any incorporated town, including without limitation any such city or any such town organized under the provisions of a special legislative act or other special charter as permitted by sections 1 and 8 of article 8 of the constitution of the State of Nevada, or otherwise.
Sec. 15. Offstreet parking project means parking facilities for the parking of motor vehicles off the public streets, including without limitation graded, regraded, graveled, oiled, surfaced, macadamized, paved, curbed, guttered, drained and sidewalked sites therefor, driveways, ramps, structures, buildings, elevators and traffic control equipment (or any combination thereof).
Sec. 16. Overpass project means any bridge, viaduct or other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, over any street, stream, railroad tracks, and any other way or place, including without limitation approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof).
Sec. 17. Park project means real property, facilities and equipment for parks, including without limitation graded, regarded, graveled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, auditoriums, arenas, zoo facilities, golf course facilities, clubhouse, tennis courts, swimming pools, bathhouses, horseshoe pits, ballfields, boating facilities, swings, slides, other playground equipment, and other recreational facilities (or any combination thereof).
κ1973 Statutes of Nevada, Page 1000 (CHAPTER 588, SB 319)κ
surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, auditoriums, arenas, zoo facilities, golf course facilities, clubhouse, tennis courts, swimming pools, bathhouses, horseshoe pits, ballfields, boating facilities, swings, slides, other playground equipment, and other recreational facilities (or any combination thereof).
Sec. 18. Project means any structure, facility, undertaking or system which a municipality is herein authorized to acquire, improve, equip, operate and maintain. A project may consist of any kinds of property, including without limitation grounds and other real property as a site or sites for any capital improvements or otherwise pertaining to a project.
Sec. 19. Property means real property, personal property, mixed property or any other property (or any combination thereof).
Sec. 20. Real property means:
1. Land, including land under water.
2. Buildings, structures, fixtures and improvements on land.
3. Any property appurtenant to or used in connection with land.
4. Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including without limitation rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.
Sec. 21. Recreational project means parks, playgrounds, swimming pools, golf courses, tennis courts, squash courts, other courts, ballfields, other athletic fields, tracks, racecourses, playgrounds, stadiums, fieldhouses, rinks, gymnasiums, appurtenant shower, locker and other bathhouse facilities, amusement halls, dance halls, auditoriums, arenas, theaters, concert halls, museums, exposition buildings, aviaries, aquariums, zoological gardens, biological gardens and vivariums (or any combination thereof), and structures, fixtures, furnishings and equipment therefor.
Sec. 22. Refuse project means facilities for the collection and disposal of garbage, refuse and solid waste, including without limitation sites therefor, incinerators, motor vehicles, other collection and disposal facilities (or any combination thereof), and buildings, structures, fixtures, furnishings and equipment therefor.
Sec. 23. Sewerage project means facilities pertaining to a municipal sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, conduits, ditches, pipes, and transmission lines, pumping plants, filter plants, power plants, pumping stations, gauging stations, ventilating facilities, incinerators, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings and other facilities for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof). A sewerage project may include as a part thereof a drainage project as herein defined.
κ1973 Statutes of Nevada, Page 1001 (CHAPTER 588, SB 319)κ
project may include as a part thereof a drainage project as herein defined.
Sec. 24. Sidewalk project means any sidewalk and capital improvements pertaining thereto, including without limitation graded, regarded, graveled, surfaced, macadamized and paved pedestrian rights-of-way, artificial lights and lighting equipment and pedestrian mall (or any combination thereof).
Sec. 25. State means the State of Nevada, or any agency, instrumentality or corporation thereof; and where the context so indicates, state means the geographical area comprising the State of Nevada.
Sec. 26. Street means any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, or any sidewalk designed primarily for use by pedestrians.
Sec. 27. Street project means any street and capital improvements pertaining thereto, including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-ways, driveway approaches, curb cuts, curbs, gutters, sidewalks, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, mall, grade separators, traffic separators and traffic control equipment (or any combination thereof).
Sec. 28. Transportation project means facilities for a municipal system of transportation, including without limitation surface, underground or overhead railways, tramways, buses or any other means of local transportation other than taxis, passenger terminal and parking facilities, and other buildings, structures, furnishings and equipment therefor.
Sec. 29. Underpass project means any tunnel, tube or other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, under any street, stream, railroad tracks, and any other way or place, including without limitation approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof).
Sec. 30. Water project means facilities pertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, ponds, lakes, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, power plants, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).
κ1973 Statutes of Nevada, Page 1002 (CHAPTER 588, SB 319)κ
water for domestic, commercial and industrial use and irrigation (or any combination thereof).
Sec. 31. Any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:
1. A building project;
2. A cemetery project;
3. A communications project;
4. A drainage project or flood control project;
5. An electric project;
6. A fire protection project;
7. An offstreet parking project;
8. An overpass project;
9. A park project;
10. A recreational project;
11. A refuse project;
12. A sewerage project;
13. A sidewalk project;
14. A street project;
15. A transportation project;
16. An underpass project; and
17. A water project.
Sec. 32. 1. For the purpose of defraying wholly or in part the cost of the acquisition, improvement and equipment (or any combination thereof) of any project or projects herein authorized, the governing body of any municipality, at any time or from time to time, in the name and on the behalf of the municipality, may issue, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended, except as otherwise provided in subsection 2:
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such capital improvements, and if so determined by the governing body of the municipality further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the municipality or from any license or other excise taxes levied by the municipality for revenue, as may be legally made available for their payment.
2. Any municipality organized and existing under any special legislative act or special charter enacted or granted pursuant to section 1 of article 8 of the constitution of the State of Nevada or under a charter framed and adopted by the electors of the municipality as permitted by section 8 of such article 8 of the constitution of the State of Nevada and a supplemental enabling act, may issue any such bonds without any compliance with NRS 350.010 to 350.070, inclusive, if such charter provides a procedure for issuing general obligation bonds of the municipality by the municipality publishing a notice of its intent to issue the bonds without an election in the absence of a referendum petition being filed and requiring an election, and if the bonds herein authorized are authorized to be issued in at least substantial compliance with such charter provisions.
κ1973 Statutes of Nevada, Page 1003 (CHAPTER 588, SB 319)κ
filed and requiring an election, and if the bonds herein authorized are authorized to be issued in at least substantial compliance with such charter provisions.
Sec. 33. Subject to the provisions of section 32 hereof, in connection with any project herein authorized the governing body of any municipality, as the governing body may determine from time to time, may, on the behalf and in the name of the municipality, borrow money, otherwise become obligated and evidence such obligations by the issuance of general obligation bonds and other general obligation securities, and in connection with such undertaking or project, the governing body may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 34. Any municipality issuing securities hereunder which constitute the incurrence of an additional indebtedness of the municipality shall not by the issuance of such securities contravene any debt limitation pertaining to the municipality and fixed by law other than by this City Bond Law.
Sec. 35. In order to insure the payment, wholly or in part, of the general obligation securities of the municipality the payment of which bonds is additionally secured by a pledge of the revenues derived from any such income-producing project and from any such excise taxes, the governing body of the municipality may establish and maintain, and the governing body may from time to time revise, a schedule or schedules of fees, rates and charges for services or facilities, or both services and facilities, rendered by or through the project and a schedule or schedules of license or other excise taxes, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the governing body authorizing the issuance of any of such bonds, including any covenant for the establishment of reasonable reserve funds.
Sec. 36. 1. No other act or law with regard to the authorization or issuance of bonds that requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.
2. The powers conferred by sections 2 to 36, inclusive, of this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by sections 2 to 36, inclusive, of this act shall not affect the powers conferred by, any other law.
3. No part of sections 2 to 36, inclusive, of this act shall repeal or affect any other law or part thereof, it being intended that sections 2 to 36, inclusive, of this act shall provide a separate method of accomplishing its objectives, and not an exclusive one; and sections 2 to 36, inclusive, of this act shall not be construed as repealing, amending or changing any such other law.
Sec. 37. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 1004κ
Senate Bill No. 104Committee on Finance
CHAPTER 589
AN ACT to amend an act entitled An Act relating to the Lost City museum; creating the Lost City museum advisory commission and specifying its duties; making an appropriation from the general fund in the state treasury for the acquisition of an Indian artifact and mineral lapidary collection therefor; and providing other matters properly relating thereto, approved April 28, 1971; and making an appropriation from the general fund in the state treasury for the acquisition of the R. F. Perkins Indian artifact and mineral lapidary collection.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being chapter 618, Statutes of Nevada 1971, at page 1392, is hereby amended to read as follows:
Section 4. 1. There is hereby appropriated from the general fund in the state treasury to the Lost City museum advisory commission and the buildings and grounds division of the department of administration the sum of $10,000 to be expended for the purchase of the R. F. Perkins Indian artifact and mineral lapidary collection. [, but none of the moneys appropriated by this section may be expended by the Lost City museum advisory commission and the buildings and grounds division of the department of administration until they have received the sum of $90,000 from private sources for the specific purpose of acquiring such Indian artifact and mineral lapidary collection.]
2. If the R. F. Perkins Indian artifact and mineral lapidary collection is acquired, such collection shall remain for display in the Lost City museum and not be removed for display elsewhere.
3. In addition to the authority granted the chief of the buildings and grounds division of the department of administration in NRS 381.270 to accept gifts, devises and bequests for and on behalf of the Lost City museum the Lost City museum advisory commission is hereby granted like authority to effectuate the purposes of this section.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the Lost City museum advisory commission and the buildings and grounds division of the department of administration the sum of $90,000 to be expended for the purchase of the R. F. Perkins Indian artifact and mineral lapidary collection.
________
κ1973 Statutes of Nevada, Page 1005κ
Senate Bill No. 364Committee on Taxation
CHAPTER 590
AN ACT relating to cigarettes; providing for the seizure and disposition of contraband cigarettes; revising certain provisions governing commercial possession and distribution of cigarettes and procedures for taxing the cigarettes; 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 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9.5, inclusive, of this act.
Sec. 2. As used in this chapter, contraband cigarettes means any cigarettes exported from or imported into this state by any person in violation of any of the provisions of this chapter or which are, in any way, held in the possession or constructive possession of any person not authorized under this chapter to possess or constructively possess such cigarettes.
Sec. 3. As used in this chapter, retail dealer means any person who offers to sell cigarettes at retail or who is engaged in selling cigarettes at retail.
Sec. 4. Except for a consumer, every person who transports cigarettes upon the public highways, roads or streets of this state shall have in his actual possession invoices or delivery tickets for such cigarettes, which shall show the true name and address of the consignor or seller, the true name of the consignee or purchaser and the quantity and brands of the cigarettes so transported.
Sec. 5. 1. If any unstamped cigarettes are consigned to or purchased by any person in this state, such purchaser or consignee must be a person authorized by this chapter to possess unstamped cigarettes.
2. If invoices or delivery tickets for unstamped cigarettes are lacking, if the name or address of the consignee or purchaser is falsified or if the purchaser or consignee is not authorized by this chapter to possess unstamped cigarettes, the cigarettes transported shall be subject to seizure and sale under the provisions of NRS 370.270.
3. Transportation of cigarettes through this state from a point outside this state to a point in some other state is not a violation of this section if the person transporting the cigarettes has in his possession adequate invoices or delivery tickets which give the true name and address of the out-of-state seller or consignor and the out-of-state purchaser or consignee.
4. In any case where the tax commission, its duly authorized agent or any peace officer of the state has knowledge or reasonable grounds to believe that any vehicle is transporting cigarettes in violation of this section, the tax commission, agent or peace officer may stop the vehicle and inspect it for unstamped cigarettes.
Sec. 6. The tax commission, its agents, sheriffs within their respective counties and all other peace officers of the State of Nevada shall seize any contraband cigarettes found or located in the State of Nevada.
κ1973 Statutes of Nevada, Page 1006 (CHAPTER 590, SB 364)κ
Sec. 7. Any person exporting, importing, possessing or constructively possessing contraband cigarettes is guilty of a gross misdemeanor.
Sec. 8. Any person other than a licensed wholesale dealer having in his possession cigarettes which do not bear cigarette revenue stamps as described in NRS 370.170 is guilty of a gross misdemeanor.
Sec. 9. Any wholesale dealer who exports cigarettes, which do not bear revenue stamps as described in NRS 370.170, from Nevada to a person in another state who is not authorized by that state to possess such unstamped cigarettes is guilty of a gross misdemeanor.
Sec. 9.5. Nothing in this chapter shall operate to abridge the rights of any Indian, individual or tribe, or to infringe upon the sovereignty of any Indian tribe, organized under the Indian Reorganization Act (25 U.S.C. § 476 et seq.).
Sec. 10. NRS 370.020 is hereby amended to read as follows:
370.020 As used in this chapter, consumer means [a person who comes into possession of cigarettes for the purpose of consuming them in any way other than by sale, barter or exchange.] any person who is not a wholesale dealer or a retail dealer and who comes into possession of cigarettes in this state for any purpose other than offering them for sale as a wholesale or retail dealer.
Sec. 11. NRS 370.080 is hereby amended to read as follows:
370.080 [No] A person shall not engage in business as a wholesale dealer of cigarettes in the State of Nevada unless he first secures a wholesale cigarette dealers license from the [State of Nevada] tax commission.
Sec. 12. NRS 370.090 is hereby amended to read as follows:
370.090 Each applicant for a wholesale cigarette dealers license and each licensee shall:
1. Establish and maintain a place of business in the State of Nevada; and
2. Keep on hand therein at all times [merchandise] cigarettes of a wholesale value of at least [$1,000.] $10,000.
3. The provisions of this section do not apply to any person who is a wholesale dealer on June 30, 1973.
Sec. 13. NRS 370.160 is hereby amended to read as follows:
370.160 [Nothing in this chapter shall] This chapter does not prohibit any county, city or town in the State of Nevada from requiring licenses before a person engages in business as a [seller or importer of] wholesale dealer or retail dealer in cigarettes.
Sec. 14. NRS 370.210 is hereby amended to read as follows:
370.210 [Except as otherwise provided in this chapter, no] A person shall not affix cigarette revenue stamps or metered machine impressions [shall be affixed] to any package, packet or container of cigarettes except in and upon the premises described in the license of [the] a wholesale cigarette dealer.
Sec. 15. NRS 370.250 is hereby amended to read as follows:
370.250 1. If any [licensee or shipper of] wholesale dealer in cigarettes upon which a tax is required to be paid fails to make a report to the tax commission or its agents on or before the date due, the tax commission may suspend his license or permit until the report is received and found to be correct.
κ1973 Statutes of Nevada, Page 1007 (CHAPTER 590, SB 364)κ
2. The tax commission may temporarily suspend or permanently revoke the licenses of any wholesale cigarette dealer for violating, or causing or permitting to be violated, any of the provisions of this chapter.
Sec. 16. NRS 370.255 is hereby amended to read as follows:
370.255 Each wholesale cigarette dealer licensed under this chapter shall maintain records of all cigarettes received, sold or distributed by him. [in the state.] Each such dealer shall also obtain and keep receipts, freight bills, invoices and other documents necessary to substantiate such records. Such records and documents shall be kept at such dealers place of business in Nevada for not less than 4 years unless the tax commission authorizes, in writing, their earlier removal or destruction.
Sec. 17. NRS 370.257 is hereby amended to read as follows:
370.257 The tax commission may audit the records of each wholesale dealer licensed under this chapter to determine that the [proper amount of tax has been paid.] dealer has complied with the provisions of this chapter.
Sec. 18. NRS 370.265 is hereby amended to read as follows:
370.265 Remittances due the tax commission by any licensed wholesale cigarette dealer for stamps purchased during any calendar month shall be due and payable to the tax commission [on] not later than the 10th day of the following calendar month. Any wholesaler who fails to pay his excise tax due on or before the 10th day of the month shall pay a penalty of 5 percent of the tax in addition to the tax, with interest at the rate of 1 percent per month or fraction thereof from the date on which the tax becomes due and payable to the state until the date of payment.
Sec. 19. NRS 370.270 is hereby amended to read as follows:
370.270 1. Every [wholesale dealer or retailer] retail dealer making a sale or sales to [ultimate consumers] a customer shall, at the time of such sale, see that each package, packet or container has the Nevada cigarette revenue stamp or metered stamping machine indicia properly affixed to each package, packet or container.
2. Every cigarette vending machine operator placing cigarettes in his coin-operated cigarette vending machines for sale to the ultimate consumers shall at the time of placing such cigarettes in his machine see that each package, packet or container has the Nevada cigarette revenue stamp or metered stamping machine indicia properly affixed to each package, packet or container.
3. No unstamped packages, packets or containers of cigarettes can lawfully be accepted or held in the possession of a retail cigarette dealer [or] , a cigarette vending machine operator [.] or any other person except a licensed Nevada wholesale dealer. For the purposes of this subsection, held in possession means:
(a) In the direct or physical possession of the person; or
(b) In the constructive possession of the person when cigarettes are being transported or held for him or for his designee by another person. Constructive possession is deemed to occur at the location of the cigarettes being so transported or held.
4. It is unlawful for any person other than a licensed wholesale cigarette dealer to have in his possession any package, packet or container of cigarettes which do not bear cigarette revenue stamps in accordance with NRS 370.170 and 370.180, unless otherwise provided in this chapter.
κ1973 Statutes of Nevada, Page 1008 (CHAPTER 590, SB 364)κ
cigarettes which do not bear cigarette revenue stamps in accordance with NRS 370.170 and 370.180, unless otherwise provided in this chapter.
5. Any cigarettes found in the possession of any person except a licensed Nevada wholesale dealer which do not bear indicia of Nevada excise tax stamping shall be seized by the tax commission or any of its agents, and caused to be stamped by a licensed cigarette wholesaler, or confiscated and sold by the tax commission or its agents to the highest bidder among the licensed wholesale dealers in this state [.] after due notice to all licensed Nevada wholesale dealers by mail to the respective addresses contained in tax commission records. If there is no such bidder, or in the opinion of the tax commission the quantity of the cigarettes is insufficient or for any other reason such disposition would be impractical, the cigarettes shall be destroyed or disposed of as the tax commission may see fit. The proceeds of all such sales shall be classed as revenues derived under the provisions of this chapter.
[5.] 6. Any cigarette vending machine in which such cigarettes are found may be so seized and sold to the highest bidder.
Sec. 20. NRS 370.280 is hereby amended to read as follows:
370.280 1. Upon proof satisfactory to the tax commission, refunds shall be allowed for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed on any such tax so paid, upon cigarettes that are sold to:
(a) The United States Government for Army, Air Force, Navy or Marine Corps purposes and are shipped to a point within this state to a place which has been lawfully ceded to the United States Government for Army, Air Force, Navy or Marine Corps purposes; or
(b) Veterans hospitals for distribution or sale to disabled service or ex-service men interned therein, but not to civilians or civilian employees.
2. Upon proof satisfactory to the tax commission, refunds shall be allowed to licensed wholesale cigarette dealers, or to manufacturers or their representatives, for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed on any such tax so paid, upon cigarettes destroyed after March 26, 1959, because such cigarettes had become stale. Applications for refunds shall be submitted [no oftener than once in any 3-month period, shall be] in an amount of not less than $15 and shall be accompanied by an affidavit of the applicant setting forth:
(a) The number of packages of cigarettes destroyed for which refund is claimed;
(b) The date or dates on which such cigarettes were destroyed and the place where destroyed;
(c) That the cigarettes were actually destroyed because they had become stale;
(d) By whom such cigarettes were destroyed; and
(e) Such other information as the tax commission may require.
3. Upon proof satisfactory to the tax commission, refunds [or adjustments] may be allowed to licensed wholesale cigarette dealers for the face value of the cigarette metered machine stamp tax paid, less any discount previously allowed on any such tax so paid, upon:
κ1973 Statutes of Nevada, Page 1009 (CHAPTER 590, SB 364)κ
(a) The balance of unused stamps on the descending register of a cigarette meter machine destroyed by fire, if the cigarette meter counting positions can be determined by the manufacturer of the meter stamping machine;
(b) Cigarettes which were stamped on their carton covers because of stamping machine failure to open the carton and stamp the cigarette packs; or
(c) Cigarettes which were not stamped but were registered on the machine as being stamped because of failure of the meter counters.
4. Any refund shall be paid as other claims against the state are paid.
Sec. 21. NRS 370.290 is hereby amended to read as follows:
370.290 1. A wholesale dealer shall not export cigarettes unless they bear revenue stamps in accordance with NRS 370.170 and 370.180 to any out-of-state destination other than by a licensed common or contract carrier.
2. No cigarette revenue stamp tax [shall be] is required on any cigarettes exported from Nevada [.] by a wholesale dealer to a person authorized by the state of destination to possess untaxed or unstamped cigarettes. Each wholesale dealer may set aside such portion of his stock of cigarettes as is not intended to be sold or given away in this state and it will not be necessary to affix Nevada cigarette revenue stamps or metered machine impressions.
3. Every wholesale dealer shall, at the time of shipping or delivering any unstamped cigarettes to a point outside of this state, make a duplicate invoice and transmit such duplicate invoice to the tax commission, at Carson City, not later than the 15th day of the following month.
4. Within 30 days after any wholesale dealer ships any unstamped cigarettes to any destination outside Nevada, the dealer shall send to the state of destination a written notice of the fact of such shipment and whatever other information is required by such state.
5. If a wholesale dealer fails to comply with the requirements of this section, the tax commission may suspend or revoke his license or permit, as provided in subsection 2 of NRS 370.250.
Sec. 22. NRS 370.310 is hereby amended to read as follows:
370.310 No tax-free cigarettes shall be sold or otherwise distributed in any way by any coin-operated cigarette vending machine.
Sec. 23. NRS 370.360 is hereby amended to read as follows:
370.360 Every person using or consuming cigarettes subject to taxation on the use thereof under the provisions of NRS 370.350 shall pay such tax and make such reports thereon to the [cigarette tax division of the] tax commission under such rules and regulations as may be prescribed by the tax commission.
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κ1973 Statutes of Nevada, Page 1010κ
Senate Bill No. 629Committee on Commerce and Labor
CHAPTER 591
AN ACT relating to occupational safety and health; enacting the Nevada Occupational Safety and Health Act; providing for development and enforcement of state standards in compliance with federal requirements; establishing a department of occupational safety and health; repealing present provisions relating to the department of industrial safety; 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 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 73, inclusive, of this act.
Sec. 2. This chapter may be cited as the Nevada Occupational Safety and Health Act.
Sec. 3. 1. It is the purpose of this chapter to provide safe and healthful working conditions for every employee by:
(a) Establishing regulations;
(b) Effectively enforcing such regulations;
(c) Educating and training employees; and
(d) Establishing reporting procedures for job-related accidents and illnesses.
2. The legislature finds that such safety and health in employment is a matter greatly affecting the public interest of this state.
Sec. 4. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 5 to 18, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 5. Board means the review board established by section 53 of this act.
Sec. 6. Commission means the Nevada industrial commission.
Sec. 7. Department means the department of occupational safety and health.
Sec. 8. Director means the director of the department of occupational safety and health.
Sec. 9. Emergency order means a restraining order issued by the department for full or partial cessation of operations where conditions may cause death or serious physical harm.
Sec. 10. Employee means every person who is required, permitted or directed by any employer to engage in any employment, or to go to work or be at any time in any place of employment.
Sec. 11. Employer means:
1. The State of Nevada, any state agency, county, city, town, school district or other unit of local government;
2. Any public or quasi-public corporation;
3. Any person, firm, corporation, partnership or association; and
4. Any officer, agent, manager, representative or other person who has control or custody of any employment, place of employment or of any employee.
Sec. 12. Employment means any trade, work, business, occupation or process of manufacture, or any method of carrying on such trade, work, business, occupation or process of manufacture, including construction work, in which any person may be engaged except where persons are employed solely in household domestic service.
κ1973 Statutes of Nevada, Page 1011 (CHAPTER 591, SB 629)κ
or process of manufacture, or any method of carrying on such trade, work, business, occupation or process of manufacture, including construction work, in which any person may be engaged except where persons are employed solely in household domestic service.
Sec. 13. General order means any order which applies generally throughout the state to all employers and employees, employments or places of employment under the jurisdiction of the department. All other orders of the department are special orders.
Sec. 14. National standard means any standard or modification thereof which:
1. Has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the director that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption.
2. Was formulated in a manner which afforded an opportunity for diverse views to be considered.
3. Has been designated as such a standard by the director after consultation with other appropriate agencies.
Sec. 15. Order means any decision, rule, regulation, direction, requirement or standard of the department or any other determination arrived at or decision made by the department under the safety provisions of this chapter.
Sec. 16. Person means any individual, firm, association, partnership, corporation or company.
Sec. 17. Place of employment means any place, whether indoors or out or elsewhere, and the premises appurtenant thereto, where, either temporarily or permanently, any industry, trade, work or business is carried on, including all construction work, and where any person is directly or indirectly employed by another for direct or indirect gain or profit, but does not include any place where persons are employed solely in household domestic service.
Sec. 18. Safety device or safeguard means any practicable method of mitigating or preventing a specific danger.
Sec. 19. The department of occupational safety and health is hereby created under the jurisdiction of the commission, whose duty it shall be to supervise and regulate all matters relating to the protection of the safety and health of employees in conformity with the provisions of this chapter.
Sec. 20. 1. The department is designated as being primarily responsible for occupational safety and health in the State of Nevada.
2. The department may enter agreements with state agencies by which these agencies complement each others services and work jointly in matters affecting occupational safety and health of employees.
Sec. 21. For the purpose of carrying out the provisions of this chapter, the department shall coordinate to the greatest extent practicable the occupational safety and health activities of all state and local agencies and shall advise, consult and cooperate with other agencies of this state, the Federal Government, agencies of other states, interstate agencies and with affected public and private organizations.
κ1973 Statutes of Nevada, Page 1012 (CHAPTER 591, SB 629)κ
Sec. 22. 1. The department shall be administered by the commission.
2. A decision on any question arising under the provisions of this chapter shall be the decision of the director, subject to review by the commission.
3. All employers shall assume a share of the costs of administering the department which will be based on the premium rate charged each employer for industrial insurance.
Sec. 23. 1. The department shall maintain its principal office in Carson City, Nevada.
2. The department shall maintain suboffices at such places as industrial activity warrants. Suboffices may have complete facilities to supervise, regulate and enforce the provisions of this chapter.
Sec. 24. 1. The commission shall employ a director of occupational safety and health, pursuant to the provisions of chapter 284 of NRS, who shall serve as executive officer for the department and be in charge of the office and other affairs of the department.
2. The director shall receive annually as compensation for his services such sum as may be fixed by the commission.
Sec. 25. 1. The department may employ such qualified employees as in the opinion of the director are necessary to enforce the provisions of this chapter. Such personnel shall be employed under the provisions of chapter 284 of NRS.
2. Any safety consultant employed by the department shall have had at least 4 years practical experience in the field of construction, trade, craft, technical skill, profession or industry in which his services are required.
3. The director and other employees of the department shall not be financially interested in any business interfering with, or inconsistent with, their duties. They shall give their entire time to the business of the department and shall not pursue any other business or vocation or hold any office of profit.
4. No employee of the department shall serve on any committee of any political party.
Sec. 26. 1. The department shall have a seal upon which will be the words Department of Occupational Safety and Health, by which seal it shall authenticate its proceedings and orders.
2. All papers executed under such seal shall be admitted in evidence without further authentication or proof.
Sec. 27. The department shall:
1. Prevent or abate hazards to the safety and health of employees;
2. Develop a program of eliminating or abating hazards;
3. Advise and recommend a program of safety and health applicable to public and state agencies;
4. Institute legal proceedings to compel compliance with this chapter or any rules, regulations, standards or orders adopted or issued under this chapter; and
5. Accept, receive and administer grants and other funds from any private or public source, including the Federal Government.
Sec. 28. 1. The department shall fix and adopt such reasonable and proper rules and regulations as are necessary to govern its procedures, and to provide safe and healthful employment in those employments within its jurisdiction.
κ1973 Statutes of Nevada, Page 1013 (CHAPTER 591, SB 629)κ
to provide safe and healthful employment in those employments within its jurisdiction.
2. The department shall not propose standards, rules or regulations for products distributed or used in interstate commerce which are different from federal standards for such products unless such standards are required by compelling local conditions and do not unduly burden interstate commerce.
3. The department may promulgate temporary emergency standards for the protection of employees that are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards. Such standards shall be effective until superseded by a standard promulgated in accordance with the procedures prescribed in the Nevada Administrative Procedure Act.
4. Standards established under this chapter shall apply equally to all places of employment.
5. Standards or regulations shall provide for furnishing prompt information to employees by means of labels or warning signs regarding hazards in the workplace. The information shall include the suitable precautions, the symptoms and emergency treatment in case of exposure to hazards.
6. If an employee has been exposed to a hazard and the department considers a medical examination necessary, the cost of such examination shall be paid by the employer. The results of such examination shall be furnished only to the department and, at the request of the employee, to the employees physician.
7. To protect employees from hazards, standards or regulations shall prescribe the use of suitable protective equipment and control methods or procedures to include monitoring or measuring such exposures. The employees are entitled to be apprised of such monitoring and to obtain the results.
8. All federal occupational safety and health standards which the Secretary of Labor promulgates, modifies or revokes, and any amendments thereto, shall be deemed Nevada occupational safety and health standards.
9. All rules and regulations of the department shall be adopted under the provisions of the Nevada Administrative Procedure Act.
Sec. 29. The department may consider the following sources in adopting standards under this chapter:
1. American National Standards Institute (ANSI).
2. American Society of Mechanical Engineers (ASME).
3. American Society for Testing and Materials (ASTM).
4. Code of Federal Regulations (CFR).
5. National Electrical Code (NEC).
6. National Fire Protection Association (NFPA).
7. Any national concensus standard.
8. Any safety order legally adopted by the department.
Sec. 30. 1. Any affected employer may apply to the director for a rule or order for a variance from a standard promulgated under this section. Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. The director shall issue such rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard.
κ1973 Statutes of Nevada, Page 1014 (CHAPTER 591, SB 629)κ
such rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The rule or order so issued shall prescribe the conditions the employer must maintain, the practices, means, methods, operations or processes which he must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees or by the director on his own motion, in the manner prescribed for its issuance under this subsection at any time after 6 months from its issuance.
2. An application for a temporary order shall contain:
(a) A specification of the standard or portion thereof from which the employer seeks a variance;
(b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons thereof;
(c) A statement of the steps he has taken and will take, with specific dates, to protect employees against the hazard covered by the standard;
(d) A statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take, with dates specified, to come into compliance with the standard; and
(e) A certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition to the director for a hearing.
Sec. 31. 1. The district courts shall have jurisdiction, upon petition of the director, to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations or, where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner.
2. Upon the filing of any such petition the district court shall have jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter, except that no temporary restraining order issued without notice shall be effective for a period longer than 5 days.
κ1973 Statutes of Nevada, Page 1015 (CHAPTER 591, SB 629)κ
jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter, except that no temporary restraining order issued without notice shall be effective for a period longer than 5 days.
3. Whenever and as soon as an inspector concludes that conditions or practices described in subsection 1 exist in any place of employment, he shall inform the affected employees and employers of the danger and that he is recommending to the director that relief be sought.
Sec. 32. If the director arbitrarily or capriciously fails to seek relief under this section, any employee who is injured by reason of such failure, or the representative of such employees may bring an action against the director in the district court for the district in which the imminent danger is alleged to exist or the employer has its principal office, for a writ of mandamus to compel the director to seek such an order and for such further relief as may be appropriate.
Sec. 33. The department shall have full power, jurisdiction and authority:
1. Over all places of employment except those which are subject to the jurisdiction of:
(a) The Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. §§ 801, et seq.) or the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721 et seq.);
(b) The inspector of mines under the provisions of chapter 518 of NRS;
(c) Railroad employees whose safety and health are subject to protection under the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.);
(d) Motor vehicles operating on public highways of this state. This section does not invest the department with any power, jurisdiction or authority over motor vehicles operating on the public highways.
2. To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by lawful order, state standards, rules, regulations or federal standards, as adopted by the department.
3. To fix and adopt such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which shall be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees in employments and places of employment.
4. To fix, adopt and order such reasonable standards for the construction, repair and maintenance of places of employment as shall render such places safe and healthful.
5. To require the performance of any other act which the protection of the lives, safety and health in places of employment may reasonably demand.
6. To provide the method and frequency of making investigations, examinations and inspections.
κ1973 Statutes of Nevada, Page 1016 (CHAPTER 591, SB 629)κ
7. To prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for such publications.
8. To furnish blank forms upon request.
9. To provide for adequate notice to each employer or employee of his right:
(a) To administrative review of any department action or decision as set forth in sections 49 and 50 of this act.
(b) To judicial review under section 51 of this act.
10. To consult with the chief of the bureau of environmental health in the health division of the department of health, welfare and rehabilitation with respect to occupational health matters in chapter 617 of NRS.
11. To appoint advisers and fix their compensation, who shall assist the department in establishing standards of safety and health, and the department may adopt and incorporate in its general orders such safety and health recommendations as it may receive from such advisers.
Sec. 34. If an employer notifies the director that he intends to contest a citation issued under this chapter, or if, within 15 working days of the issuance of a citation, any employee or representative of employees files a notice with the director, alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the director shall afford an opportunity for a hearing, in accordance with the provisions of this chapter. The department shall thereafter issue an order based on findings of fact, affirming, modifying or vacating the directors citation or proposed penalty or directing other appropriate relief and such order shall become final 30 days after its issuance. Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that the abatement has not been completed because of factors beyond his reasonable control, the director, after an opportunity for a hearing as provided in this section, shall issue an order affirming or modifying the abatement requirements in such citation. The rules of procedure prescribed by the department shall provide affected employees or representatives of affected employees an opportunity to participate as parties to hearings under this section.
Sec. 35. Notwithstanding any other provision of law, neither the commission, the director nor their authorized representatives are subject to civil liability for any acts or omissions in the course of any inspection or investigation for the department, including but not limited to boiler and elevator inspections and investigations.
Sec. 36. 1. The director and his representatives appointed under this chapter shall act as consultants or representatives with full power and authority to carry out and enforce the orders, standards and policies fixed by the department, and for the purposes set forth in this chapter may:
(a) Certify to official acts;
(b) Take depositions;
(c) Issue subpenas;
(d) Compel the attendance of witnesses; and
(e) Compel the production of books, papers, records, documents and testimony.
κ1973 Statutes of Nevada, Page 1017 (CHAPTER 591, SB 629)κ
2. Upon presenting appropriate credentials to any employer, the director or his representative may:
(a) Enter without delay and at reasonable times any place of employment; and
(b) Inspect and investigate during regular working hours or at other reasonable times and within reasonable limits, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein, and question privately any such employer or an employee.
Sec. 37. 1. If, upon inspection or investigation, the director or his authorized representative believes that an employer has violated a requirement of this chapter, or any standard, rule or order promulgated pursuant to this chapter, he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the section of this chapter or the provision of the standard, rule, regulation or order alleged to have been violated. In addition the citation shall fix a reasonable time for the abatement of the violation. The director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health.
2. Each citation issued under this section, or a copy or copies thereof, shall be prominently posted as prescribed in regulations issued by the director at or near each place a violation referred to in the citation occurred.
3. No citation may be issued under this section after the expiration of 6 months following the occurrence of any violation.
Sec. 38. 1. Prior to or during any inspection of a workplace, any employees or representative of employees employed in such workplace may notify the director or any representative of the director responsible for conducting the inspection, in writing, of any violation of this chapter which they have reason to believe exists in such workplace. The director shall by regulation establish procedures for informal review of any refusal by a representative of the director to issue a citation with respect to any such alleged violation and shall furnish the employees or representative of employees requesting such review a written statement of the reasons for the directors final disposition of the case.
2. An opportunity shall be afforded to a representative of the employer and an authorized representative of the employees to accompany the department representative during the physical inspection of the place of employment or, where there is no authorized representative of such employees, consultation shall be had with a reasonable number of such employees.
Sec. 39. 1. Any employee or representative of employees believing that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an investigation by giving notice to the director or his representative of such violation or danger.
2. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice and shall be signed by the employee or representative of the employees.
κ1973 Statutes of Nevada, Page 1018 (CHAPTER 591, SB 629)κ
the employee or representative of the employees. The name of any employee submitting a written complaint notice or names of employees contained therein shall be held confidential if so requested by the employee.
Sec. 40. It is unlawful for anyone to give advance notice of an inspection except as authorized by the director.
Sec. 41. Every employer shall:
1. Furnish employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.
2. Furnish and use such safety devices and safeguards, and adopt and use such practices, means, methods, operations and processes as are reasonably adequate to render such employment and places of employment safe and comply with all orders issued by the department.
3. Post prominently in the working place all posters and information provided by the department informing employees of their rights and obligations under this chapter.
4. Assign at least one person to be in charge of occupational safety and health.
5. Do every other thing reasonably necessary to protect the lives and safety of employees.
Sec. 42. An employer shall not:
1. Require, permit or suffer any employee to go or be in any employment or place of employment which is not safe.
2. Fail to furnish, provide and use safety devices and safeguards or fail to adopt and use methods and processes reasonably adequate to render such employment and place of employment safe.
3. Fail or neglect to do every other thing reasonably necessary to protect the life and safety of such employees.
4. Maintain any place of employment that is not safe.
Sec. 43. An employer, owner or lessee of any real property in this state shall not construct or cause to be constructed any place of employment that is not safe.
Sec. 44. 1. An employee shall not remove, displace, damage, destroy or carry off any safety device or safeguard furnished and provided for use in any employment or place of employment, or interfere in any way with the use thereof by any other person.
2. An employee shall not interfere with the use of any method or process adopted for the protection of any employee, including himself, in such employment or place of employment.
3. Each employee shall comply with occupational safety and health standards and all rules, which are applicable to his own actions and conduct.
Sec. 45. The department may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter and may make such personnel available for participation in any program or programs of any state agency in furtherance of the purposes of this chapter.
Sec. 46. 1. The department, after consultation with cooperating state agencies, shall conduct directly or by grants or contracts:
κ1973 Statutes of Nevada, Page 1019 (CHAPTER 591, SB 629)κ
(a) Educational programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter.
(b) Informational programs on the importance of and proper use of adequate safety and health equipment.
2. The department, in consultation with such cooperating state agencies, shall:
(a) Provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employments covered by this chapter; and
(b) Consult with and advise employers and employees and organizations representing employers and employees as to effective means of preventing occupational injuries and diseases. Consultative services shall not detract from the enforcement efforts.
Sec. 47. 1. Each state agency and local government shall establish and maintain an effective and comprehensive occupational safety and health program consistent with the provisions promulgated under this chapter.
2. The state and local governments shall provide their employees with conditions of employment consistent with the objectives of this chapter, and comply with standards developed under section 28 of this act on or before July 1, 1974.
Sec. 48. 1. In order to further the purposes of this chapter, the department shall develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics. Such program may, at the discretion of the commission, cover all employments.
2. To carry out the provisions of subsection 1, the department may promote, encourage or directly engage in programs of studies, information and communication concerning occupational safety and health statistics.
3. All employers shall maintain accurate records and make reports to the United States Assistant Secretary of Labor in the same manner and to the same extent as if this chapter were not in effect.
4. The department shall make such reasonable reports to the Assistant Secretary of Labor in such form and containing such information as he may from time to time require.
5. Requests for variances to federal recordkeeping and reporting regulations shall be submitted to and obtained from the Bureau of Labor Statistics, United States Department of Labor. All such variances granted by the Bureau of Labor Statistics shall be respected by the department.
Sec. 49. 1. If, after an inspection or investigation, the director issues a citation under the provisions of this chapter, he shall, within a reasonable time after the termination of such inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under this chapter and that the employer has 15 working days within which to notify the director that he wishes to contest the citation or proposed assessment of penalty. If, within 15 working days from the receipt of the notice issued by the director, the employer fails to notify the director that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under this chapter within such time, the citation and assessment as proposed shall be deemed a final order of the review board and not subject to review by any court or agency.
κ1973 Statutes of Nevada, Page 1020 (CHAPTER 591, SB 629)κ
employees under this chapter within such time, the citation and assessment as proposed shall be deemed a final order of the review board and not subject to review by any court or agency.
2. Any employee or his representative alleging that the time fixed in the citation for the abatement of a violation by his employer is unreasonable may, within 15 working days after the date of posting of the notice of abatement pursuant to this chapter, file an appeal with the department to contest the reasonableness of such period of time for abatement of the violation and shall be notified in writing as to the time and place of hearing before the review board.
3. If no appeal is filed by an employee or his representative under subsection 2 of this section within the time limit of 15 working days, fixing of the period of time for the abatement of the violation shall become final and not subject to review by any court or the review board.
Sec. 50. 1. Upon the receipt of any written appeal under section 49 of this act, the commission shall within 15 working days notify the review board of such an appeal.
2. The review board shall hold a formal factfinding hearing and render its decision based on the evidence presented at such hearing.
3. Any employee of an employer or representative of such employee may participate in and give evidence at the hearing, subject to rules and regulations of the commission governing the conduct of such hearings.
Sec. 51. 1. Any person aggrieved by any decision of the review board may, within 30 days after notice of such decision, institute proceedings in the appropriate district court for judicial review as prescribed in the Nevada Administrative Procedure Act.
2. If no proceeding for judicial review under subsection 1 is instituted within 30 days, the decision of the review board is final and not subject to review by any court.
Sec. 52. The provisions of the Nevada Administrative Procedure Act apply to all proceedings and hearings conducted pursuant to this chapter.
Sec. 53. 1. There is hereby created a review board composed of five members appointed by the governor.
2. Within 90 days of the effective date of this chapter the governor shall appoint the initial members of the board to staggered terms of 1, 2, 3, 4 and 5 years. After the initial terms, members shall serve terms of 4 years. No member shall serve more than two terms.
3. Membership on the board representing management shall be composed of two members.
4. Membership on the board representing labor shall be composed of two members.
5. Any vacancy occurring in the membership of such board shall be filled for the unexpired term in the same manner as original appointments are made.
6. No person employed by the commission or the department shall serve as a member of the board.
7. The fifth member of the board shall be appointed from the general public.
Sec. 54. Immediately following the appointment of members to the first review board, such members shall meet and select from among themselves a chairman and a secretary who shall serve as chairman and secretary until July 1, 1974, at which time and annually thereafter, a succeeding chairman and secretary shall be selected by the members from among themselves.
κ1973 Statutes of Nevada, Page 1021 (CHAPTER 591, SB 629)κ
secretary until July 1, 1974, at which time and annually thereafter, a succeeding chairman and secretary shall be selected by the members from among themselves.
Sec. 55. 1. The review board shall meet as often as necessary to hold review hearings, as provided in section 50 of this act, at such times and places as the chairman may determine, and shall perform such other duties as the commission may prescribe.
2. A quorum of such board shall be present in order for the conduct of review hearings or other business.
3. A quorum consists of at least one member representing labor, one member representing management and the member representing the general public.
4. All decisions of the board shall be determined by a majority decision.
5. A complete record of every review hearing shall be made.
Sec. 56. Each member of the review board is entitled to reasonable travel expenses and subsistence allowances as provided by law, and compensation of $30 per day or portion thereof, for attendance at meetings of the board.
Sec. 57. 1. The department may prosecute, defend and maintain actions in the name of the department for the enforcement of the provisions of this chapter and is entitled to all extraordinary writs provided by the constitution of the State of Nevada, the statutes of this state and the Nevada Rules of Civil Procedure in connection therewith for the enforcement thereof.
2. Verification of any pleading, affidavit or other paper required may be made by the department.
3. In any action or proceeding or in the prosecution of any appeal by the department, no bond or undertaking may be required to be furnished by the department.
Sec. 58. 1. This chapter does not supersede or in any manner affect the Nevada Industrial Insurance Act, the Nevada Occupational Diseases Act or enlarge, diminish or affect in any other manner the common law or statutory rights, duties or liabilities of employers and employees under the laws of this state with respect to injuries, occupational or other, diseases or death or employees arising out of or in the course of employment.
2. Statements, reports and information obtained or received by the department in connection with an investigation under, or the administration or enforcement of, the provisions of this chapter shall not be made available to any third party except as otherwise provided by this chapter nor admitted as evidence in any civil action other than an action for enforcement, variance hearing or review under this chapter. However, the information may be used for statistical purposes if the information revealed is not identified as applicable to any individual employer.
3. Any report of investigation or inspection or any information concerning trade secrets or secret industrial processes obtained under this chapter shall not be disclosed or open to public inspection except as such information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any court proceeding under this chapter.
κ1973 Statutes of Nevada, Page 1022 (CHAPTER 591, SB 629)κ
Sec. 59. If any person disobeys an order of the department, a subpena issued by it or one of its representatives, refuses to permit an inspection or refuses to testify as a witness to any matter regarding which he may be lawfully interrogated, then the district judge of the county in which the person resides, on application of the director or his representative, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpenas issued from the court on a refusal to testify therein.
Sec. 60. 1. Each witness who appears in obedience to a subpena before the department or its representative shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record.
2. Claims for witnesses fees shall be audited and paid by the commission.
3. No witness subpenaed at the instance of a party other than the department is entitled to compensation from the commission unless the department certifies that his testimony was material to the matter investigated.
Sec. 61. Every order of the department, general or special, its rules and regulations, findings and decisions, made and entered under the safety provisions of this chapter, are admissible as evidence in any prosecution for the violation of any of the provisions, and shall, in every such prosecution, be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety unless, prior to the institution of the prosecution of such violation or violations, proceedings for a rehearing thereon or a review thereof have been instituted and not then finally determined.
Sec. 62. In an investigation the department may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law and Nevada Rules of Civil Procedure for taking depositions in civil actions in courts of record.
Sec. 63. 1. The department may assess administrative fines provided for in this chapter, giving due consideration to the appropriateness of the penalty with respect to the size of the employer, the gravity of the violation, the good faith of the employer and the history of previous violations.
2. For purposes of this chapter, a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use in such place of employment unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
3. Administrative fines owed under this chapter shall be paid to the commission. Such fines may be recovered in a civil action in the name of the department brought in the district court for the county where the violation is alleged to have occurred or where the employer has his principal office.
Sec. 64. Any employer who willfully or repeatedly violates any requirements of this chapter, any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, may be assessed an administrative fine of not more than $10,000 for each violation.
κ1973 Statutes of Nevada, Page 1023 (CHAPTER 591, SB 629)κ
Sec. 65. Any employer who has received a citation for a serious violation of any requirement of this chapter, or any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, as defined, shall be assessed an administrative fine of not more than $1,000 for each such violation and if a violation is specifically determined to be of a nonserious nature an administrative fine of not more than $1,000 may be assessed.
Sec. 66. Any employer who fails to correct a violation for which a citation has been issued under this chapter within the period permitted for its correction (which period shall not begin to run until the date of the final order of the department in the case of any review proceeding under this chapter initiated by the employer in good faith and not solely for delay or avoidance of penalties) may be assessed an administrative fine of not more than $1,000 for each day during which such failure or violation continues.
Sec. 67. Any employer who willfully refuses to submit his records for inspection, as provided by section 36 of this act to the director or his representative shall be assessed an administrative fine of $100 for each offense.
Sec. 68. Any employer who willfully violates any requirement of this chapter, or any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, where such violation causes death to any employee, shall be punished:
1. For a first offense, by a fine of not more than $10,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. For a second or subsequent offense, by a fine of not more than $20,000 or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.
Sec. 69. 1. Any person who gives advance notice of any workplace inspection to be conducted under this chapter, without authority from the director shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 6 months, or by both fine and imprisonment.
2. This section does not prohibit any employer from requesting consultative services at the workplace.
Sec. 70. 1. An employer who fails to post the notice and records as required under the provisions of this chapter shall be assessed an administrative fine of not more than $1,000 for each violation.
2. An employer who fails to maintain the notice or notices and records required by this chapter shall be assessed an administrative fine of not more than $1,000 for each violation.
Sec. 71. Any person who makes a false statement or representation of a material fact knowing it to be false, or who knowingly fails to disclose a material fact in any document, report or other information, or who willfully makes a false entry in, or willfully conceals, withholds or destroys any books, records or statements required under the provisions of this chapter shall be punished by a fine of not more than $10,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
Sec. 72. Each violation of any provision of this chapter, or any part or portion thereof, is a separate and distinct offense, and in the case of a violation continuing past the abatement date, each days continuance thereof constitutes a separate and distinct offense.
κ1973 Statutes of Nevada, Page 1024 (CHAPTER 591, SB 629)κ
violation continuing past the abatement date, each days continuance thereof constitutes a separate and distinct offense.
Sec. 73. 1. No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.
2. In any case arising under this section the employer shall reinstate the employee without loss of pay, seniority rights, position or like position, fringe benefits or other consideration to which he would have been entitled.
Sec. 74. NRS 590.645 is hereby amended to read as follows:
590.645 Notwithstanding any limitations in [NRS 618.180] section 34 of this act to the contrary, the department of [industrial safety] occupational safety and health of the Nevada industrial commission shall have the power to promote safety in the liquefied petroleum gas industry within the state.
Sec. 75. NRS 607.150 is hereby amended to read as follows:
607.150 1. The labor commissioner shall have the power to enter any store, foundry, mill, office, workshop, mine or public or private works at any reasonable time for the purpose of [:
(a) Gathering facts and statistics contemplated by this chapter; and
(b) Examining safeguards and methods of protection from danger to employees, the sanitary conditions of the buildings and surroundings; and make a record thereof.] gathering facts and statistics contemplated by chapter 618 of NRS and to make a record thereof.
2. Any owner, corporation, occupant or officer who shall refuse such entry to the labor commissioner, his officers or agents shall be guilty of a misdemeanor.
Sec. 76. NRS 616.181 is hereby amended to read as follows:
616.181 There is within the commission a department of [industrial safety] occupational safety and health as provided for in chapter 618 of NRS.
Sec. 77. NRS 704.260 is hereby amended to read as follows:
704.260 The commission shall have power, in the interest of safety or service, after hearing:
1. To determine and order required and necessary repairs, reinforcements, construction and connection of property lines, equipment, appliances, buildings, tracks and all property used or useful in public utility service.
2. To order the use of safety appliances in the interest of the public. [and employees.]
3. To make and enforce necessary rules and regulations.
Sec. 78. NRS 618.010, 618.020, 618.030, 618.040, 618.050, 618.060, 618.070, 618.080, 618.090, 618.100, 618.110, 618.120, 618.130, 618.140, 618.150, 618.160, 618.170, 618.180, 618.190, 618.200, 618.210, 618.220, 618.230, 618.240, 618.250, 618.260, 618.270, 618.280, 618.290 and 618.300 are hereby repealed.
________
κ1973 Statutes of Nevada, Page 1025κ
Senate Bill No. 574Committee on Transportation
CHAPTER 592
AN ACT relating to the storage of household goods and effects; authorizing the public service commission of Nevada to issue permits to conduct such storage business and to regulate the same; sets certain financial and insurance requirements; 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. Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. This chapter shall be known and may be cited as the Household Goods and Effects Storage Act.
Sec. 3. The legislature hereby finds and declares that the storage of household goods and effects in warehouses affects the public interest and the public welfare, and in the exercise of its police power it is necessary to vest in the public service commission of Nevada the authority to set certain standards as to fitness and financial stability, and to require certain insurance as a condition for engaging in such storage business.
Sec. 4. 1. Storage of household goods and effects means the storage for compensation of the personal household goods and effects of another where the operator of a warehouse holds himself out to the public to provide such storage.
2. Storage of household goods and effects does not include:
(a) The storage of personal household goods and effects when the owner rents for his exclusive use separate and distinct storage facilities from another and the lessor assumes no responsibility for the care, maintenance or safety of the stored property; or
(b) Personal property consigned to a warehouse under circumstances described in section 1 of article 10 of the constitution of the State of Nevada.
Sec. 5. No person shall engage in the storage of household goods and effects without first having obtained from the commission a warehouse permit to conduct such service.
Sec. 6. Before issuing a warehouse permit the commission shall:
1. Require proof of financial ability to protect persons storing property from loss or damage, and a showing of sufficient assets, including working capital, to carry out the proposed service.
2. Determine that the applicant has sufficient experience in and knowledge of warehouse storage of household goods and effects, and the commissions rules or regulations governing the storage of household goods and effects.
3. Require proof that the applicant carries a legal liability insurance policy evidencing insurance coverage against fire, theft, loss and damage for stored property and effects in an amount not less than the base release value set forth in the commission-approved tariff governing the transportation of household goods and effects for those articles not covered by private insurance. Except upon 30 days written notice to the commission, such policy shall not be canceled during the period for which any permit is issued.
κ1973 Statutes of Nevada, Page 1026 (CHAPTER 592, SB 574)κ
such policy shall not be canceled during the period for which any permit is issued. Failure to keep such insurance in effect is cause for revocation of any warehouse permit.
4. Require information showing that the property to be used for storage of household goods and effects is reasonably suitable for such purpose. Failure to maintain such property in suitable condition is cause for revocation of any warehouse permit.
5. Collect an annual permit fee as set by the commission according to the gross volume of business in an amount not less than $25 nor more than $50.
Sec. 7. The commission or its agents may:
1. Inspect any property proposed to be used for storage of household goods and effects to determine its suitability.
2. Examine the premises, books and records of any permitholder.
Sec. 8. The commission shall adopt such rules or regulations as may be required for the administration of this chapter.
Sec. 9. The provisions of NRS 706.701 to 706.726, inclusive, relating to revocation and suspension of certificates, permits and licenses and judicial review thereof, shall apply to proceedings to suspend or revoke any permit issued under this chapter.
Sec. 10. Any person who violates any provision of this chapter, or any rule or regulation adopted pursuant to this chapter, is guilty of a misdemeanor.
Sec. 11. The commission shall, upon application, issue a permit to any person who, before September 30, 1973:
1. Furnishes proof that he was engaged in the storage of household goods and effects on January 1, 1973; and
2. Fulfills the insurance requirements of section 6.
________
Senate Bill No. 572Committee on Commerce and Labor
CHAPTER 593
AN ACT relating to the secretary of state; revising his powers and duties with respect to defaulting corporations; including commodity options as regulated securities; 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 78.175 is hereby amended to read as follows:
78.175 1. On or before October 15 of each year, the secretary of state shall compile a complete list of all defaulting corporations, together with the amount of the filing fee, penalties and costs remaining unpaid.
2. The secretary of state shall cause such list to be published five times in a week prior to the 1st Monday in November following, in a newspaper published in Carson City, Nevada, and shall append to such list, and publish therewith, a notice to the effect:
κ1973 Statutes of Nevada, Page 1027 (CHAPTER 593, SB 572)κ
times in a week prior to the 1st Monday in November following, in a newspaper published in Carson City, Nevada, and shall append to such list, and publish therewith, a notice to the effect:
(a) That unless the filing fee owing by such corporation, together with the penalties and all costs, is paid to the secretary of state, on or before 12 m. of the 1st Monday in March following, such defaulting corporation shall forfeit the amount of the tax and penalty and costs to the State of Nevada, and shall also forfeit its right to carry on business within the state; [and]
(b) That the charters of all defaulting domestic corporations will be revoked unless payment is made as aforesaid [.] ; and
(c) That if the charter of any corporation is revoked pursuant to the provisions of this section and remains revoked for a period of 10 consecutive years, it may not be reinstated.
3. Immediately after the 1st Monday in March the secretary of state shall compile a full and complete list containing the names of all corporations whose right to do business has been annulled and whose charters have been revoked. The secretary of state shall forthwith notify the several county clerks in whose offices the articles of incorporation which have been forfeited are on file and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its charter. In case of a reinstatement as provided in NRS 78.180, the secretary of state shall also notify immediately the county clerks of such fact.
4. In case of forfeiture of the charter and of the right to transact business thereunder, all the property and assets of the defaulting domestic corporation shall be held in trust by the directors of such corporation as in cases of insolvent corporations, and the same proceedings may be had with respect thereto as are applicable to insolvent corporations. Any person interested may institute such proceedings at any time after a forfeiture has been declared as herein provided, but in case the secretary of state reinstates the charter the proceedings shall at once be dismissed and all property restored to the officers of the corporation.
5. In case the assets are distributed they shall be applied as follows:
(a) To the payment of the filing fee, penalties and costs due to the state;
(b) To the creditors of the corporation; and
(c) Any balance remaining shall be distributed among the stockholders.
Sec. 2. NRS 78.180 is hereby amended to read as follows:
78.180 1. [The] Subject to the provisions of subsections 3 and 4, the secretary of state is authorized:
(a) To reinstate any corporation which has forfeited or which shall forfeit its right to transact business under the provisions of NRS 78.150 to 78.190, inclusive; and
(b) To restore to such corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, [at any time after the date of default of such corporation in the payment of the filing fees hereinabove provided,] upon the filing with the secretary of state of an affidavit stating the reason for the revocation of its charter, and upon payment to the secretary of state of all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, and also all filing fees, licenses and penalties which have accrued since the revocation of its charter.
κ1973 Statutes of Nevada, Page 1028 (CHAPTER 593, SB 572)κ
penalties, costs and expenses due and in arrears at the time of the revocation of its charter, and also all filing fees, licenses and penalties which have accrued since the revocation of its charter.
2. In case such payment is made and the secretary of state reinstates the corporation to its former rights he shall:
(a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and
(b) Upon demand, issue to the corporation one or more certified copies of such certificate of reinstatement, a copy of which shall be filed in the office of the county clerk of the county in which the principal place of business of such corporation is located or in any other county in which it may own, hold or lease property or transact business.
3. In no case shall the secretary of state order a reinstatement unless all such delinquent fees, penalties and costs have been paid, and such revocation of the charter occurred only by reason of failure to pay such fees, penalties and costs.
4. If a corporate charter has been revoked pursuant to the provisions of NRS 78.175 and has remained revoked for a period of 10 consecutive years, such charter shall not be subject to reinstatement.
5. At least 30 days before the right of a corporation to reinstatement is due to expire pursuant to the provisions of subsection 4, the secretary of state shall send notice of such fact by certified mail to the last registered agent of such corporation or, if the resident agent cannot be located, to the last president of the corporation. The notice shall state the conditions under which reinstatement may be granted prior to the expiration of the 10-year period.
Sec. 3. NRS 80.160 is hereby amended to read as follows:
80.160 1. On or before October 15 of each year, the secretary of state shall compile a complete list of all defaulting corporations, together with the amount of the filing fee, penalties and costs remaining unpaid.
2. The secretary of state shall cause such list to be published five times in the week prior to the 1st Monday in November following, in a newspaper published in Carson City, Nevada, and shall append to such list, and publish therewith, a notice to the effect : [that]
(a) That unless the filing fee owing by such corporation, together with the penalties and all costs, is paid to the secretary of state, on or before 12 m. of the 1st Monday in March following, such defaulting corporation shall forfeit the amount of the tax and penalty and costs to the State of Nevada, and shall also forfeit its right to carry on business within the state [.] ; and
(b) That if the right of any corporation to carry on business in this state is annulled pursuant to the provisions of this section and remains annulled for a period of 10 consecutive years, it may not be reinstated.
3. Immediately after the 1st Monday in March the secretary of state shall compile a full and complete list containing the names of all corporations whose right to do business has been annulled. The secretary of state shall forthwith notify the several county clerks in whose offices the defaulting corporations have copies of their articles of incorporation and other amendatory, supplemental and related instruments, filed or microfilmed as required by this chapter, of the annulment of the corporations rights to do business and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its right to do business in this state.
κ1973 Statutes of Nevada, Page 1029 (CHAPTER 593, SB 572)κ
rights to do business and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its right to do business in this state. In case of a reinstatement as provided in NRS 80.170, the secretary of state shall also notify immediately the county clerks of such fact.
4. In case a foreign corporation makes default as herein provided, the secretary of state shall issue his warrant stating the amount of the filing fee, penalty and costs due to the state, and shall deliver the warrant to any sheriff of any county of this state who may seize and sell any property of a foreign corporation as upon execution and apply the proceeds to the payment of the filing fee, penalty, costs and accruing costs. Any balance remaining after such sale shall by the sheriff be paid to the secretary of state, who shall return the same to the corporation whose property was sold. No more than sufficient property to pay the filing fee, penalty and costs shall be seized and sold.
Sec. 4. NRS 80.170 is hereby amended to read as follows:
80.170 1. [The] Subject to the provisions of subsections 3 and 4, the secretary of state is authorized:
(a) To reinstate any corporation which has forfeited or which shall forfeit its right to transact business under the provisions of NRS 80.110 to 80.180, inclusive; and
(b) To restore to such corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, [at any time after the date of default of such corporation in the payment of the filing fees hereinabove provided,] upon the filing with the secretary of state of an affidavit stating the reason for the forfeiture of its right to transact business, and upon payment to the secretary of state of all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the forfeiture of its right to carry on business, and also all filing fees, licenses and penalties which have accrued since the forfeiture of its right to transact business.
2. In case such payment is made and the secretary of state reinstates the corporation to its former rights he shall:
(a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and
(b) Upon demand, issue to the corporation one or more certified copies of such certificate of reinstatement, a copy of which shall be filed or microfilmed in the office of the county clerk of the county in which the principal place of business of such corporation is located or in any other county in which it may own, hold or lease property or transact business.
3. In no case shall the secretary of state order a reinstatement unless all such delinquent fees, penalties and costs have been paid, and such revocation of the right to transact business occurred only by reason of failure to pay such fees, penalties and costs.
4. If the right of a corporation to carry on business in this state has been annulled pursuant to the provisions of NRS 80.160 and has remained annulled for a period of 10 consecutive years, such right shall not be subject to reinstatement.
5. At least 30 days before the right of a corporation to reinstatement is due to expire pursuant to the provisions of subsection 4, the secretary of state shall send notice of such fact by certified mail to the last registered agent of such corporation or, if the resident agent cannot be located, to the last president of the corporation.
κ1973 Statutes of Nevada, Page 1030 (CHAPTER 593, SB 572)κ
of state shall send notice of such fact by certified mail to the last registered agent of such corporation or, if the resident agent cannot be located, to the last president of the corporation. The notice shall state the conditions under which reinstatement may be granted prior to the expiration of the 10-year period.
Sec. 5. Chapter 90 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Commodity option means a contract sold for a stated premium to purchase or sell a commodity contract within a specified period for the price specified in the option.
Sec. 6. (Deleted by amendment.)
Sec. 7. NRS 90.010 is hereby amended to read as follows:
90.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 90.020 to 90.095, inclusive, and section 5 of this act shall have the meaning ascribed to them in NRS 90.020 to 90.095, inclusive [.] and section 5 of this act.
Sec. 8. NRS 90.030 is hereby amended to read as follows:
90.030 1. Agent means any individual other than a broker-dealer who represents a broker-dealer or issuer in effecting or attempting to effect purchases or sales of securities [.] or commodity options.
2. Agent does not include an individual who represents an issuer in effecting transactions with existing employees, partners or directors of the issuer, or any of its subsidiaries, if no commission or other remuneration is paid or given directly or indirectly for soliciting any person in this state.
3. A partner, officer or director of a broker-dealer or issuer, or a person occupying a similar status or performing similar functions is not the agent of such broker-dealer or issuer, but may, if he meets the test of subsection 1, be the agent of another broker-dealer or issuer.
Sec. 9. NRS 90.040 is hereby amended to read as follows:
90.040 Broker-dealer means any person engaged in the business of effecting transactions in securities or commodity options for the account of others or for his own account. Broker-dealer does not include:
1. An agent.
2. An issuer.
3. A broker or dealer registered pursuant to the provisions of the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.).
4. A person who is a member of the National Association of Securities Dealers, Inc.
5. A bank, savings institution or trust company.
6. A person who has no place of business in this state if:
(a) He effects transactions exclusively with or through:
(1) The issuers of the securities or commodity options involved in the transactions;
(2) Other broker-dealers;
(3) Banks, savings institutions, trust companies, insurance companies, investment companies as defined in the Investment Company Act of 1940 (15 U.S.C. § 80a-1 et seq.), pension or profit-sharing trusts, or other financial institutions or institutional buyers, whether acting for themselves or as trustees; or
κ1973 Statutes of Nevada, Page 1031 (CHAPTER 593, SB 572)κ
(b) During any period of 12 consecutive months he does not direct more than 15 offers to sell or buy into this state in any manner to persons other than those specified in paragraph (a) of this subsection 6, whether or not the offeror or any of the offerees is then present in this state.
Sec. 10. NRS 90.060 is hereby amended to read as follows:
90.060 Issuer means any person who issues or proposes to issue any security [,] or commodity option, except that with respect to:
1. Certificates of deposit, voting-trust certificates or collateral-trust certificates, or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors or persons performing similar functions or of the fixed, restricted management or unit type, the term issuer means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which the security is issued; and
2. Certificates of interest or participation in oil, gas or mining titles, or leases or in payments out of production under such titles or leases, there is not considered to be any issuer.
Sec. 11. NRS 90.080 is hereby amended to read as follows:
90.080 1. Sale or sell includes every contract of sale of, contract to sell, or disposition of, a security or interest in a security for value [.] or a commodity option.
2. Offer or offer to sell includes every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value [.] or a commodity option.
3. Any security given or delivered with, or as a bonus on account of, any purchase of securities or any other thing is considered to constitute part of the subject of the purchase and to have been offered and sold for value.
4. A purported gift of assessable stock is considered to involve an offer and sale.
5. Every sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer, as well as every sale or offer of a security which gives the holder a present or future right or privilege to convert into another security of the same or another issuer, is considered to include an offer of the other security.
6. The terms defined in this section do not include:
(a) Any bona fide pledge or loan;
(b) Any stock dividend, whether the corporation distributing the dividend is the issuer of the stock or not, if nothing of value is given by stockholders for the dividend other than the surrender of a right to a cash or property dividend when each stockholder may elect to take the dividend in cash or property or in stock;
(c) Any act incident to a class vote by stockholders, pursuant to the certificate of incorporation or the applicable corporation statute, on a merger, consolidation, reclassification of securities, or sale of corporate assets in consideration of the issuance of securities of another corporation; or
(d) Any act incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims or property interests, or partly in such exchange and partly for cash.
κ1973 Statutes of Nevada, Page 1032 (CHAPTER 593, SB 572)κ
claims or property interests, or partly in such exchange and partly for cash.
Sec. 12. NRS 90.110 is hereby amended to read as follows:
90.110 It is unlawful for any person, in connection with the offer, sale or purchase of any security [,] or commodity option, directly or indirectly:
1. To employ any device, scheme or artifice to defraud.
2. To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
3. To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person.
Sec. 13. NRS 90.120 is hereby amended to read as follows:
90.120 1. It is unlawful for any person to transact business in this state as a broker-dealer or agent or, in the case of commodity options, an issuer, unless he is registered under this chapter.
2. It is unlawful for any broker-dealer or issuer to employ an agent unless the agent is registered. The registration of an agent is not effective during any period when he is not associated with a particular broker-dealer registered under this chapter or a particular issuer. When an agent begins or terminates a connection with a broker-dealer or issuer, or begins or terminates those activities which make him an agent, the agent as well as the broker-dealer or issuer shall promptly notify the administrator.
3. Every registration expires 1 year from its effective date unless renewed.
Sec. 14. NRS 90.130 is hereby amended to read as follows:
90.130 1. A broker-dealer or agent or, in the case of commodity options, an issuer, may obtain an initial or renewal registration by filing with the administrator:
(a) A written application verified by or in behalf of the applicant.
(b) A consent to service of process pursuant to subsection 6 of NRS 90.210.
2. The application shall contain whatever the administrator by rule requires concerning such matters as:
(a) The applicants form and place of organization;
(b) The applicants proposed method of doing business;
(c) The qualifications and business history of the applicant, and, in the case of a broker-dealer [,] or an issuer of a commodity option, the qualifications and business history of any partner, officer or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the broker-dealer [;] or, in the case of a commodity option, the issuer;
(d) Any injunction or administrative order or conviction of a misdemeanor involving a security or commodity option or any aspect of the securities or commodity option business and any conviction of a felony; and
(e) The applicants financial condition and history.
3. If the applicant is a corporation or association organized under the laws of any other state, territory or government, it shall file with its application:
κ1973 Statutes of Nevada, Page 1033 (CHAPTER 593, SB 572)κ
the laws of any other state, territory or government, it shall file with its application:
(a) A copy of its articles of incorporation or association; and
(b) A certificate executed by the proper officer of the state, territory or government under the laws of which it is organized, and executed not more than 30 days before the filing of the application, showing that the applicant is authorized to transact business in that state, territory or government.
4. Every applicant shall, as part of his application, be fingerprinted, and in the case of a broker-dealer [,] or an issuer of a commodity option, any partner, officer or director and any person occupying a similar status or performing similar functions shall be fingerprinted. Each such individual shall, at his own expense, arrange to be fingerprinted by any police or sheriffs office and shall request such office, in writing, to forward a copy of the Federal Bureau of Investigations report to be obtained on his fingerprints to the administrator. A copy of the individuals request to the police or sheriffs office shall accompany the application.
5. Every applicant for initial or renewal registration shall pay a filing fee of $50 in the case of a broker-dealer or an issuer of a commodity option and $25 in the case of an agent. When an application is withdrawn the administrator shall retain the fee.
6. The administrator may, by rule, require registered broker-dealers, [and] agents and, in the case of commodity options, issuers to post surety bonds in amounts up to $10,000, and may determine their conditions. Any appropriate deposit in cash or securities shall be accepted in lieu of any bond so required. No bond may be required of any registrant whose net capital, which may be defined by rule, exceeds $25,000. Every bond shall provide for suit thereon by any person who has a cause of action under NRS 90.200 and, if the administrator by rule requires, by any person who has a cause of action not arising under this chapter. Every bond shall provide that no suit may be maintained to enforce any liability on the bond unless brought within 2 years after the sale or other act upon which it is based.
7. Registration becomes effective when the application is approved by the administrator. Registration of a broker-dealer automatically constitutes registration of any agent who is a partner, officer or director, or a person occupying a similar status or performing similar functions.
Sec. 15. NRS 90.200 is hereby amended to read as follows:
90.200 1. Any person who offers or sells a security or commodity option by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading (the buyer not knowing of the untruth or omission), and who does not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission, is liable to the person buying the security from him, who may sue either at law or in equity to recover the consideration paid for the security [,] or commodity option, together with interest at 6 percent per year from the date of payment, costs, and reasonable attorneys fees, less the amount of any income received on the security [,] or commodity option, upon the tender of the security or commodity option and any income received on it, or for damages if he no longer owns the security [.]
κ1973 Statutes of Nevada, Page 1034 (CHAPTER 593, SB 572)κ
upon the tender of the security or commodity option and any income received on it, or for damages if he no longer owns the security [.] or commodity option. Damages are the amount that would be recoverable upon a tender less the value of the security or commodity option when the buyer disposed of it and interest at 6 percent per year from the date of disposition.
2. Every person who directly or indirectly controls a seller liable under subsection 1, every partner, officer, or director of such a seller, every person occupying a similar status or performing similar functions, every employee of such a seller who materially aids in the sale, and every broker or dealer or employee of a broker or dealer, or, in the case of a commodity option, every issuer or employee of an issuer, who materially aids in the sale are also liable jointly and severally with and to the same extent as the seller, unless the nonseller who is so liable sustains the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. There is contribution as in cases of contract among the several persons so liable.
3. Any tender specified in this section may be made at any time before entry of judgment.
4. Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant.
5. No person may sue under this section more than 2 years after the contract of sale. No person may sue under this section:
(a) If the buyer received a written offer, before suit and at a time when he owned the security [,] or commodity option, to refund the consideration paid together with interest at 6 percent per year from the date of payment, less the amount of any income received on the security [,] or commodity option, and he failed to accept the offer within 30 days of its receipt; or
(b) If the buyer received such an offer before suit and at a time when he did not own the security [,] or commodity option, unless he rejected the offer in writing within 30 days of its receipt.
6. No person who has made or engaged in the performance of any contract in violation of any provision of this chapter, or who has acquired any purported right under any such contract with knowledge of the facts by reason of which its making or performance was in violation, may base any suit on the contract.
7. Any condition, stipulation or provision binding any person acquiring any security or commodity option to waive compliance with any provision of this chapter is void.
8. The rights and remedies provided by this chapter are in addition to any other rights or remedies that may exist at law or in equity, but this chapter does not create any cause of action not specified in this section.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 1035κ
Senate Bill No. 557Senator Bryan
CHAPTER 594
AN ACT relating to credit transactions; increasing the penalty for the unauthorized and fraudulent signing of anothers credit card or any of certain instruments evidencing a credit card transaction; deleting presumption of violation; 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 205.750 is hereby amended to read as follows:
205.750 Any person, except the cardholder or a person authorized by the cardholder, who signs a credit card, sales slip, sales draft or instrument for the payment of money which evidences a credit card transaction with intent to defraud [is guilty of a gross misdemeanor.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment. [A person who possesses two or more credit cards which are so signed is presumed to have violated this section.]
________
Senate Bill No. 548Committee on Ecology and Public Resources
CHAPTER 595
AN ACT relating to public utilities; extending the authority of the public service commission of Nevada to regulate the construction of plants for the generation of electrical energy for export from 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 704.855 is hereby amended to read as follows:
704.855 1. Public utility or utility includes those public utilities as defined in NRS 704.020, any oil pipeline carrier as described and regulated under chapter 708 of NRS, and any CATV company as defined in NRS 711.030.
2. Public utility also includes any plant or equipment within this state used directly or indirectly for the generation and transmission of electrical energy, except plants or equipment used to generate electrical energy that is wholly consumed on the premises of and by the producer thereof.
Sec. 2. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When application is made for the construction of a plant for the generation of electrical energy using any natural resource of this state, including but not limited to coal, geothermal steam and water resources, for export outside this state, the commission may:
κ1973 Statutes of Nevada, Page 1036 (CHAPTER 595, SB 548)κ
1. Grant or deny the construction permit.
2. Condition the granting of the construction permit on the public utilitys making available for use within this state an amount of electrical energy equal to or less than the amount exported, as the commission may prescribe.
________
Senate Bill No. 540Committee on Federal, State and Local Governments
CHAPTER 596
AN ACT relating to the public service commission of Nevada; allowing the commission to designate an administrative assistant to hold public hearings; and providing for 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 703.110 is hereby amended to read as follows:
703.110 1. The majority of the commissioners shall have full power to act in all matters within their jurisdiction.
2. If two commissioners are disqualified or if there are two vacancies within the commission, the remaining commissioner shall exercise all the powers of the commission.
3. Public hearings shall be conducted by one or more commissioners or, when [so directed by] the commission [,] so directs, by the secretary [.] or an administrative assistant.
________
Senate Bill No. 544Committee on Judiciary
CHAPTER 597
AN ACT relating to the rights of husband and wife; providing that each spouse must execute conveyances and mortgages of community property unless a power of attorney has been given; providing for written authority to make earnings of either spouse separate property; 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 123.190 is hereby amended to read as follows:
123.190 1. When the husband has [allowed] given written authority to the wife to appropriate to her own use her earnings, the same, with the issues and profits thereof, is deemed a gift from him to her, and is, with such issues and profits, her separate property.
2. When the wife has given written authority to the husband to appropriate to his own use his earnings, the same, with the issues and profits thereof, is deemed a gift from her to him, and is, with such issues and profits, his separate property.
κ1973 Statutes of Nevada, Page 1037 (CHAPTER 597, SB 544)κ
appropriate to his own use his earnings, the same, with the issues and profits thereof, is deemed a gift from her to him, and is, with such issues and profits, his separate property.
Sec. 2. NRS 123.230 is hereby amended to read as follows:
123.230 The husband shall have the entire management and control of the community property, with the like absolute power of disposition thereof, except as provided in this chapter, as of his own separate estate; provided:
1. That no deed of conveyance or mortgage of [a homestead as now defined by law, regardless of whether a declaration thereof has been filed or not,] any real property held as community property shall be valid for any purpose whatever unless both the husband and wife execute and acknowledge the same [as now provided by law for the conveyance of real property.] , except as provided in subsection 3.
2. That the wife shall have the entire management and control of the earnings and accumulations of herself and her minor children living with her, with the like power of disposition thereof, when the earnings and accumulations are used for the care and maintenance of the family.
3. The husband or wife may, by written power of attorney, give to the other the complete power to sell, convey or encumber any real property held as community property.
________
Senate Bill No. 539Committee on Commerce and Labor
CHAPTER 598
AN ACT relating to the Nevada Insurance Code; creating the Insurance Holding Company Law.
[Approved April 25, 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.
Sec. 2. This chapter may be cited as the Insurance Holding Company Law.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 12, inclusive, of this act, shall have the meanings ascribed to them in sections 4 to 12, inclusive, of this act.
Sec. 4. Affiliate means a person who directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common control with another designated person.
Sec. 5. Commissioner means the commissioner of insurance, his deputies, or the insurance division of the department of commerce, as appropriate.
κ1973 Statutes of Nevada, Page 1038 (CHAPTER 598, SB 539)κ
Sec. 6. Control means the possession of directory power of the kind provided in section 17 of this act.
Sec. 7. Insurance holding company system means a combination of two or more affiliated persons, one or more of which is an insurer.
Sec. 8. Insurer has the meaning ascribed in NRS 679A.100. It does not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or any state or political subdivision of a state.
Sec. 9. Person means an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization or any similar entity or combination thereof. It does not include any securities broker performing no more than the usual and customary brokers function.
Sec. 10. Security holder means one who owns any security of a designated person, including common stock, preferred stock, debt obligations, and any other security convertible into or evidencing the right to acquire any of the foregoing.
Sec. 11. Subsidiary means an affiliate of a designated person who is controlled by such person directly or indirectly through one or more intermediaries.
Sec. 12. Voting security includes any security convertible into or evidencing a right to acquire a voting security.
Sec. 13. Any domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries. Such subsidiaries may conduct any kind of business or businesses and their authority to do so shall not be limited by reason of the fact that they are subsidiaries of a domestic insurer.
Sec. 14. In addition to making investments in common stock, preferred stock, debt obligations and other securities permitted under chapter 682A of NRS, a domestic insurer may invest:
1. In common stock, preferred stock, debt obligations and other securities of one or more subsidiaries, amounts which do not exceed the lesser of 5 percent of such insurers assets or 50 percent of such insurers surplus as regards policyholders, provided the insurers surplus as regards policyholders remains at a reasonable level in relation to the insurers outstanding liabilities and adequate to its financial needs. In calculating the amount of such investments there shall be included:
(a) Total moneys or other consideration expended and obligations assumed in the acquisition or formation of a subsidiary, including all organizational expenses and contributions to capital and surplus of such subsidiary whether or not represented by the purchase of capital stock or issuance of other securities; and
(b) All amounts expended in acquiring additional common stock, preferred stock, debt obligations and other securities and all contributions to the capital or surplus of a subsidiary subsequent to its acquisition or formation.
2. Any amount in common stock, preferred stock, debt obligations and other securities of one or more subsidiaries, provided the insurers total liabilities, as calculated for the National Association of Insurance Commissioners annual statement purposes, are less than 10 percent of assets and provided the insurers surplus remains as regards policyholders, considering such investment as if it were a disallowed asset, at a reasonable level in relation to the insurers outstanding liabilities and adequate to its financial needs.
κ1973 Statutes of Nevada, Page 1039 (CHAPTER 598, SB 539)κ
assets and provided the insurers surplus remains as regards policyholders, considering such investment as if it were a disallowed asset, at a reasonable level in relation to the insurers outstanding liabilities and adequate to its financial needs.
3. Any amount in common stock, preferred stock, debt obligations and other securities of one or more subsidiaries provided each subsidiary agrees to limit its investments in any asset so that such investments will not cause the amount of the total investment of the insurer to exceed any of the investment limitations specified in subsection 1 or in chapter 682A of NRS. For the purpose of this subsection, total investment of the insurer includes any direct investment by the insurer in an asset and the insurers proportionate share of any investment in an asset by any subsidiary of the insurer, which shall be calculated by multiplying the amount of the subsidiarys investment by the percentage of the insurers ownership of such subsidiary.
4. Any amount in common stock, preferred stock, debt obligations or other securities of one or more subsidiaries, with the approval of the commissioner, provided the insurers surplus as regards policyholders remains at a reasonable level in relation to the insurers outstanding liabilities and adequate to its financial needs.
5. Any amount in the common stock, preferred stock, debt obligations or other securities of any subsidiary exclusively engaged in holding title to or holding title to and managing or developing real or personal property, if after considering as a disallowed asset so much of the investment as is represented by subsidiary assets which if held directly by the insurer would be considered as a disallowed asset, the insurers surplus as regards policyholders will remain at a reasonable level in relation to the insurers outstanding liabilities and adequate to its financial needs, and if following such investment all voting securities of such subsidiary are owned by the insurer.
Sec. 15. Investments in common stock, preferred stock, debt obligations or other securities of subsidiaries made pursuant to section 14 of this act shall not be subject to any of the otherwise applicable restrictions or prohibitions contained in this chapter which are applicable to such investments.
Sec. 16. Whether or not any investment made pursuant to section 14 of this act meets the applicable requirements thereof is to be determined immediately after such investment is made, taking into account the then outstanding principal balance on all previous investments in debt obligations, and the value of all previous investments in equity securities as of the date they were made.
Sec. 17. 1. Control means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services or otherwise, unless the power is the result of an official position with or corporate office held by the person.
2. Control shall be presumed to exist if any person directly or indirectly owns, controls, holds with the power to vote or holds proxies representing 10 percent or more of the voting securities of any other person.
κ1973 Statutes of Nevada, Page 1040 (CHAPTER 598, SB 539)κ
person. The presumption may be rebutted by a showing made in the manner provided by section 35 of this act that control does not exist in fact.
3. The commissioner may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect.
Sec. 18. If an insurer ceases to control a subsidiary, it shall dispose of any investment therein made pursuant to section 14 of this act within 3 years from the time of the cessation of control or within such further time as the commissioner may prescribe, unless any such investment shall have met the requirements for investment under any other section of this chapter, and the insurer has notified the commissioner thereof.
Sec. 19. 1. No person other than the issuer shall make a tender for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire or acquire in the open market or otherwise, any voting security of a domestic insurer if, after the consummation thereof, such person would directly or indirectly (or by conversion or by exercise of any right to acquire) be in control of such insurer.
2. No person shall enter into an agreement to merge with or otherwise acquire control of a domestic insurer unless, at the time any such offer, request or invitation is made or any such agreement is entered into, or prior to the acquisition of such securities if no offer or agreement is involved, such person has filed with the commissioner and has sent to such insurer, and such insurer has sent to its shareholders, a statement containing the information required by sections 19 to 26, inclusive, of this act and such offer, request, invitation, agreement or acquisition has been approved by the commissioner in the manner prescribed in this chapter.
3. For purposes of this section, a domestic insurer includes any other person controlling a domestic insurer unless such other person is either directly or through its affiliates primarily engaged in business other than the business of insurance.
Sec. 20. The statement to be filed with the commissioner hereunder shall be made under oath or affirmation and shall contain the following:
1. The name and address of each person (hereinafter called the acquiring party) by whom or on whose behalf the merger or other acquisition of control referred to in section 19 of this act is to be effected and, if such person is:
(a) An individual, his principal occupation and all offices and positions held by him during the past 5 years, and any conviction of crimes other than for minor traffic violations during the past 10 years.
(b) Not an individual, a report of the nature of its business operations during the past 5 years or for such lesser period as such person and any predecessors thereof shall have been in existence, together with an informative description of the business intended to be done by such person and such persons subsidiaries, and a list of all individuals who are or who have been selected to become directors or executive officers of such person or who perform or will perform functions appropriate to such positions.
κ1973 Statutes of Nevada, Page 1041 (CHAPTER 598, SB 539)κ
person or who perform or will perform functions appropriate to such positions. Such list shall include for each such individual the information required by paragraph (a) of this subsection.
2. The source, nature and amount of the consideration used or to be used in effecting the merger or other acquisition of control, a description of any transaction wherein funds were or are to be obtained for any such purpose, and the identity of persons furnishing such consideration, but where a source of such consideration is a loan made in the lenders ordinary course of business, the identity of the lender shall remain confidential, if the person filing such statement so requests.
3. Fully audited financial information as to the earnings and financial condition of each acquiring party for the preceding 5 fiscal years of each such acquiring party (or for such lesser period as such acquiring party and any predecessors thereof shall have been in existence), and similar unaudited information as of a date not earlier than 90 days prior to the filing of the statement.
4. Any plans or proposals which each acquiring party may have to liquidate such insurer, to sell its assets or merge or consolidate it with any person, or to make any other material change in its business or corporate structure or management.
5. The number of shares of any security referred to in section 19 of this act which each acquiring party proposes to acquire, and the terms of the offer, request, invitation, agreement or acquisition referred to in section 19 of this act and a statement as to the method by which the fairness of the proposal was determined.
6. The amount of each class of any security referred to in section 19 of this act which is beneficially owned or concerning which there is a right to acquire beneficial ownership by each acquiring party.
7. A full description of any contracts, arrangements or understandings with respect to any security referred to in section 19 of this act in which any acquiring party is involved, including but not limited to transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees against loss or guarantees of profits, division of losses or profits or the giving or withholding of proxies. Such description shall identify the persons with whom such contracts, arrangements or understandings have been made.
8. A description of the purchase of any security referred to in section 19 of this act during the 12 calendar months preceding the filing of the statement by any acquiring party, including the dates of purchase, names of the purchasers and consideration paid or agreed to be paid therefor.
9. A description of any recommendations to purchase any security referred to in section 19 of this act made during the 12 calendar months preceding the filing of the statement by any acquiring party, or by anyone based upon interviews with or at the suggestion of such acquiring party.
10. Copies of all tenders, offers for, requests or invitations for tenders of, exchange offers for, and agreements to acquire or exchange any securities referred to in subsection 1, and, if distributed, additional soliciting material relating thereto.
κ1973 Statutes of Nevada, Page 1042 (CHAPTER 598, SB 539)κ
11. The terms of any agreement, contract or understanding made with any broker-dealer, as to solicitation of securities referred to in section 19 of this act, for tender, and the amount of any fees, commissions or other compensation to be paid to broker-dealers with regard thereto.
12. Such additional information as the commissioner may by rule or regulation prescribe as necessary or appropriate for the protection of policyholders and securityholders of the insurer or for the protection of the public interest.
If the person required to file the statement referred to in this section is a partnership, limited partnership, syndicate or other group, the commissioner may require that the information required by subsections 1 to 12, inclusive, of this section, be given with respect to each partner of such partnership or limited partnership, each member of such syndicate or group, and each person who controls such partner or member. If any such partner, member or person is a corporation or the person required to file the statement referred to in section 19 of this act is a corporation, the commissioner may require that the information required by subsections 1 to 12, inclusive, of this section, be given with respect to such corporation, each officer and director of such corporation, and each person who is directly or indirectly the beneficial owner of more than 10 percent of the outstanding voting securities of such corporation. If any material change occurs in the facts set forth in the statement filed with the commissioner and sent to such insurer pursuant to this section, an amendment setting forth such change, together with copies of all documents and other material relevant to such change, shall be filed with the commissioner and sent to such insurer within 2 business days after the person learns of such change. Such insurer shall send each such amendment to its shareholders.
Sec. 21. If any offer, request, invitation, agreement or acquisition referred to in section 19 of this act is proposed to be made by means of a registration statement under the Securities Act of 1933, 15 U.S.C. §§ 77a to 77aa, inclusive, or in circumstances requiring the disclosure of similar information under the Securities Exchange Act of 1934, 15 U.S.C. §§ 77b et seq., or under any state law requiring similar registration or disclosure, the person required to file the statement referred to in section 19 of this act may utilize such documents in furnishing the information called for by that statement.
Sec. 22. 1. The commissioner shall approve any merger or other acquisition of control referred to in section 19 of this act unless, after a public hearing thereon, he finds that:
(a) After the change of control the domestic insurer referred to in section 19 of this act would not be able to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed;
(b) The effect of the merger or other acquisition of control would be substantially to lessen competition in insurance in this state or tend to create a monopoly therein;
(c) The financial condition of any acquiring party is such as might jeopardize the financial stability of the insurer, or prejudice the interest of its policyholders or the interests of any remaining securityholders who are unaffiliated with such acquiring party;
κ1973 Statutes of Nevada, Page 1043 (CHAPTER 598, SB 539)κ
jeopardize the financial stability of the insurer, or prejudice the interest of its policyholders or the interests of any remaining securityholders who are unaffiliated with such acquiring party;
(d) The terms of the offer, request, invitation, agreement or acquisition referred to in section 19 of this act are unfair and unreasonable to the securityholders of the insurer;
(e) The plans or proposals which the acquiring party has to liquidate the insurer, sell its assets or consolidate or merge it with any person, or to make any other material change in its business or corporate structure or management, are unfair and unreasonable to policyholders of the insurer and not in the public interest; or
(f) The competence, experience and integrity of those persons who would control the operation of the insurer are such that it would not be in the interest of policyholders of the insurer and of the public to permit the merger or other acquisition of control.
2. The public hearing referred to in subsection 1 shall be held within 30 days after the statement required by section 19 of this act has been filed, and at least 20 days notice thereof shall be given by the commissioner to the person filing the statement. Not less than 7 days notice of such public hearing shall be given by the person filing the statement to the insurer and to such other persons as may be designated by the commissioner. The insurer shall give such notice to its securityholders. The commissioner shall make a determination within 30 days after the conclusion of such hearing. At such hearing, the person filing the statement, the insurer, any person to whom notice of hearing was sent, and any other person whose interests may be affected thereby shall have the right to present evidence, examine and cross-examine witnesses, and offer oral and written arguments and in connection therewith shall be entitled to conduct discovery proceedings in the same manner as is presently allowed in the district court of this state. All discovery proceedings shall be concluded not later than 3 days prior to the commencement of the public hearing.
Sec. 23. All statements, amendments or other material filed pursuant to sections 19 and 20 of this act and all notices of public hearings held pursuant to section 22 of this act shall be mailed by the insurer to its shareholders within 5 business days after the insurer has received such statements, amendments, other material or notices. The expenses of mailing shall be borne by the person making the filing. As security for the payment of such expenses, such person shall file with the commissioner an acceptable bond or other deposit in an amount to be determined by the commissioner.
Sec. 24. The provisions of sections 19 to 26, inclusive, of this act shall not apply to:
1. Any offers, requests, invitations, agreements or acquisitions by the person referred to in section 19 of this act, of any voting security referred to in such section which, immediately prior to the consummation of such offer, request, invitation, agreement or acquisition, was not issued and outstanding.
κ1973 Statutes of Nevada, Page 1044 (CHAPTER 598, SB 539)κ
2. Any transaction which is subject to the provisions of NRS 693A.290 to 693A.370, inclusive, dealing with the merger or consolidation of two or more insurers.
3. Any offer, request, invitation, agreement or acquisition which the commissioner by order shall exempt therefrom as not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer, or as otherwise not comprehended within the purposes of sections 19 to 26, inclusive, of this act.
Sec. 25. The following shall be violations of sections 19 to 26, inclusive, of this act:
1. The failure to file any statement, amendment or other material required to be filed pursuant to section 19 or 20 of this act; or
2. The effectuation or any attempt to effectuate an acquisition of control of, or merger with, a domestic insurer unless the commissioner has given his approval thereto.
Sec. 26. 1. The courts of this state are hereby vested with jurisdiction over every person not resident, domiciled or authorized to do business in this state who files a statement with the commissioner under sections 19 to 26, inclusive, of this act, and over all actions involving such person arising out of violations of such sections.
2. Each such person shall be deemed to have performed acts equivalent to and constituting an appointment by such a person of the commissioner to be his true and lawful attorney upon whom may be served all lawful process in any action, suit or proceeding arising out of violations of sections 19 to 26, inclusive, of this act. Copies of all such lawful process shall be served on the commissioner and transmitted by registered or certified mail by the commissioner to such person at his last known address.
Sec. 27. 1. Every insurer which is authorized to do business in this state and which is a member of an insurance holding company system shall register with the commissioner, except a foreign insurer subject to disclosure requirements and standards adopted by statute or regulation in the jurisdiction of its domicile which are substantially similar to those contained in sections 27 to 36, inclusive, of this act.
2. Any insurer which is subject to registration under sections 27 to 36, inclusive, of this act shall register no later than September 1, 1973, or 15 days after it becomes subject to registration, whichever is later, unless the commissioner for good cause shown extends the time for registration. The commissioner may require any authorized insurer which is a member of a holding company system which is not subject to registration under this section to furnish a copy of the registration statement or other information filed by such insurance company with the insurance regulatory authority of domiciliary jurisdiction.
Sec. 28. Every insurer subject to registration shall file a registration statement on a form provided by the commissioner, which shall contain current information about:
1. The capital structure, general financial condition, ownership and management of the insurer and any person controlling the insurer.
κ1973 Statutes of Nevada, Page 1045 (CHAPTER 598, SB 539)κ
2. The identity of every member of the insurance holding company system.
3. The following agreements in force, relationships subsisting and transactions currently outstanding between such insurer and its affiliates:
(a) Loans, other investments or purchases, sales or exchanges of securities of the affiliates by the insurer or of the insurer by its affiliates.
(b) Purchases, sales or exchanges of assets.
(c) Transactions not in the ordinary course of business.
(d) Guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurers assets to liability, other than insurance contracts entered into in the ordinary course of the insurers business.
(e) All management and service contracts and all cost-sharing arrangements, other than cost allocation arrangements based upon generally accepted accounting principles.
(f) Reinsurance agreements covering all or substantially all of one or more lines of insurance of the ceding company.
4. Other matters concerning transactions between registered insurers and any affiliates as may be included from time to time in any registration forms adopted or approved by the commissioner.
Sec. 29. No information need be disclosed on the registration statement filed pursuant to section 28 of this act if such information is not material for the purposes of sections 27 to 36, inclusive, of this act. Unless the commissioner by rule, regulation or order provides otherwise, sales, purchases, exchanges, loans or extensions of credit, or investments involving one-half of 1 percent or less of an insurers admitted assets as of the 31st day of December next preceding, shall not be deemed material for purposes of sections 27 to 36, inclusive, of this act.
Sec. 30. Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the commissioner within 15 days after the end of the month in which it learns of each such change or addition, except that, subject to the provisions of section 39 of this act, each registered insurer shall report all dividends and other distributions to shareholders within 2 business days following the declaration thereof.
Sec. 31. The commissioner shall terminate the registration of any insurer which demonstrates that it no longer is a member of an insurance holding company system.
Sec. 32. The commissioner may require or allow two or more affiliated insurers subject to registration hereunder to file a consolidated registration statement or consolidated reports amending their consolidated registration statement or their individual registration statements.
Sec. 33. The commissioner may allow an insurer which is authorized to do business in this state and which is part of an insurance holding company system to register on behalf of any affiliated insurer which is required to register under section 27 of this act, and to file all information and material required to be filed under sections 27 to 36, inclusive, of this act.
κ1973 Statutes of Nevada, Page 1046 (CHAPTER 598, SB 539)κ
Sec. 34. The provisions of sections 27 to 36, inclusive, of this act shall not apply to any insurer, information or transaction if and to the extent that the commissioner by rule, regulation or order shall exempt the same from the provisions of sections 27 to 36, inclusive, of this act.
Sec. 35. 1. Any person may file with the commissioner a disclaimer of affiliation with any authorized insurer or such a disclaimer may be filed by such insurer or any member of an insurance holding company system. The disclaimer shall fully disclose all material relationships and bases for affiliation between such person and such insurer as well as the basis for disclaiming such affiliation.
2. After a disclaimer has been filed, the insurer shall be relieved of any duty to register or report under sections 27 to 36, inclusive, of this act, which may arise out of the insurers relationship with such person unless the commissioner disallows such a disclaimer. The commissioner shall disallow such a disclaimer only after furnishing all parties in interest with notice and opportunity to be heard and after making specific findings of fact to support such disallowance.
Sec. 36. The failure to file a registration statement or any amendment thereto required by sections 27 to 36, inclusive, of this act, within the time specified for such filing, shall be a violation of sections 27 to 36, inclusive, of this act.
Sec. 37. Material transactions by registered insurers with their affiliates shall be subject to the following standards:
1. The terms shall be fair and reasonable.
2. The books, accounts and records of each party shall be so maintained as to clearly and accurately disclose the precise nature and details of the transactions.
3. The insurers surplus as regards policyholders following any dividends or distributions to shareholder affiliates shall be reasonable in relation to the insurers outstanding liabilities and adequate to its financial needs.
Sec. 38. For purposes of this chapter, in determining whether or not an insurers surplus as regards policyholders is reasonable in relation to the insurers outstanding liabilities and adequate to its financial needs, the following factors among others shall be considered:
1. The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force and other appropriate criteria.
2. The extent to which the insurers business is diversified among the several lines of insurance.
3. The number and size of risks insured in each line of business.
4. The extent of the geographical dispersion of the insurers insured risks.
5. The nature and extent of the insurers reinsurance program.
6. The quality, diversification and liquidity of the insurers investment portfolio.
7. The recent past and projected future trend in the size of the insurers surplus as regards policyholders.
8. The surplus as regards policyholders maintained by other comparable insurers.
κ1973 Statutes of Nevada, Page 1047 (CHAPTER 598, SB 539)κ
9. The adequacy of the insurers reserves.
10. The quality and liquidity of investments in subsidiaries made pursuant to sections 19 to 26, inclusive, of this act. The commissioner may treat any such investment as a disallowed asset for purposes of determining the adequacy of surplus as regards policyholders whenever in his judgment such investment so warrants.
Sec. 39. No insurer subject to registration under sections 27 to 36, inclusive, of this act shall pay any extraordinary dividend or make any other extraordinary distribution to its shareholders until:
1. Thirty days after the commissioner has received notice of the declaration thereof and has not within such period disapproved such payment; or
2. The commissioner shall have approved such payment within such 30-day period.
Sec. 40. For purposes of sections 37 to 41, inclusive, of this act, an extraordinary dividend or distribution includes any dividend or distribution of cash or other property, whose fair market value together with that of other dividends or distributions made within the preceding 12 months exceeds the greater of:
1. Ten percent of such insurers surplus as regards policyholders as of the 31st of December next preceding; or
2. The net gain from operations of such insurer, if such insurer is a life insurer, or the net investment income, if such insurer is not a life insurer, for the 12-month period ending the 31st of December next preceding, but shall not include pro rata distributions of any class of the insurers own securities.
Sec. 41. Notwithstanding any other provision of law, an insurer may declare an extraordinary dividend or distribution which is conditional upon the commissioners approval thereof, and such a declaration shall confer no rights upon shareholders until:
1. The commissioner has approved the payment of such dividend or distribution; or
2. The commissioner has not disapproved such payment within the 30-day period referred to in section 39 of this act.
Sec. 42. 1. Subject to the limitation contained in this section and in addition to the powers which the commissioner has under NRS 679B.230 to 679B.280, inclusive, relating to the examination of insurers, the commissioner may order any insurer registered under sections 27 to 36, inclusive, of this act to produce such records, books or other information papers in its possession or in the possession of its affiliates as may be necessary to ascertain the financial condition or legality of conduct of such insurer. In the event such insurer fails to comply with such order, the commissioner may examine such affiliates to obtain such information.
2. The commissioner shall exercise his power under subsection 1 only if the examination of the insurer under NRS 679B.230 to 679B.280, inclusive, is inadequate or the interests of the policyholders of such insurer may be adversely affected.
3. The commissioner may retain at the registered insurers expense such attorneys, actuaries, accountants and other experts not otherwise a part of the commissioners staff as may be reasonably necessary to assist in the conduct of the examination under subsection 1.
κ1973 Statutes of Nevada, Page 1048 (CHAPTER 598, SB 539)κ
a part of the commissioners staff as may be reasonably necessary to assist in the conduct of the examination under subsection 1. Any persons so retained shall be under the direction and control of the commissioner and shall act in a purely advisory capacity.
4. Each registered insurer producing for examination records, books and papers pursuant to subsection 1 shall be liable for and shall pay the expense of such examination in accordance with NRS 679B.290.
Sec. 43. All information, documents and copies thereof obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made pursuant to section 42 of this act, and all information reported pursuant to sections 27 to 36, inclusive, of this act shall be given confidential treatment and shall not be subject to subpena and shall not be made public by the commissioner or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer and its affiliates who would be affected thereby, notice and opportunity to be heard, determines that the interests of policyholders, shareholders or the public will be served by the publication thereof, in which event he may publish all or any part thereof in such manner as he may deem appropriate.
Sec. 44. The commissioner may, pursuant to NRS 679B.130, issue such rules, regulations and orders as shall be necessary to carry out the provisions of this chapter.
Sec. 45. Whenever it appears to the commissioner that any insurer or any director, officer, employee or agent thereof has committed or is about to commit a violation of this chapter or of any rule, regulation, or order issued by the commissioner hereunder, the commissioner may apply to the district court for the county in which the principal office of the insurer is located or if such insurer has no such office in this state, then to the First Judicial District Court in and for Carson City for an order enjoining such insurer or such director, officer, employee or agent thereof from violating or continuing to violate this chapter or any such rule, regulation or order, and for such other equitable relief as the nature of the case and the interests of the insurers policyholders, creditors and shareholders or the public may require.
Sec. 46. 1. No security which is the subject of any agreement or arrangement regarding acquisition, or which is acquired or to be acquired, in contravention of the provisions of this chapter or of any rule, regulation or order issued by the commissioner hereunder may be voted at any shareholders meeting, or may be counted for quorum purposes, and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though such securities were not issued and outstanding, but no action taken at any such meeting shall be invalidated by the voting of such securities, unless the action would materially affect control of the insurer or unless the courts of this state have so ordered.
2. If an insurer or the commissioner has reason to believe that any security of the insurer has been or is about to be acquired in contravention of the provisions of this chapter or of any rule, regulation or order issued by the commissioner hereunder the insurer or the commissioner may apply to the First Judicial District Court in and for Carson City or to the district court for the county in which the insurer has its principal place of business to enjoin any offer, request, invitation, agreement, or acquisition made in contravention of sections 19 to 26, inclusive, of this act, or any rule, regulation or order issued by the commissioner thereunder to enjoin the voting of any security so acquired, to void any vote of such security already cast at any meeting of shareholders, and for such other equitable relief as the nature of the case and the interests of the insurers policyholders, creditors and shareholders or the public may require.
κ1973 Statutes of Nevada, Page 1049 (CHAPTER 598, SB 539)κ
to the district court for the county in which the insurer has its principal place of business to enjoin any offer, request, invitation, agreement, or acquisition made in contravention of sections 19 to 26, inclusive, of this act, or any rule, regulation or order issued by the commissioner thereunder to enjoin the voting of any security so acquired, to void any vote of such security already cast at any meeting of shareholders, and for such other equitable relief as the nature of the case and the interests of the insurers policyholders, creditors and shareholders or the public may require.
Sec. 47. In any case where a person has acquired or is proposing to acquire any voting securities in violation of this chapter or any rule, regulation or order issued by the commissioner hereunder, the First Judicial District Court in and for Carson City or the district court of the county in which the insurer has its principal place of business may, on such notice as the court deems appropriate, upon the application of the insurer or the commissioner seize or sequester any voting securities of the insurer owned directly or indirectly by such person, and issue such orders with respect thereto as may be appropriate to effectuate the provisions of this chapter. Notwithstanding any other provisions of law, for the purposes of this chapter, the situs of the ownership of the securities of domestic insurers shall be deemed to be in this state.
Sec. 48. 1. Whenever it appears to the commissioner that any insurer or any director, officer, employee or agent thereof has committed a willful violation of this chapter, the commissioner may cause criminal proceedings to be instituted in the county in which the principal office of the insurer is located or if such insurer has no such office in the state, then in Carson City against such insurer or the responsible director, officer, employee or agent thereof.
2. Any insurer which willfully violates this chapter shall be punished by a fine of not more than $20,000.
3. Any individual who willfully violates this chapter shall be punished by a fine of not more than $10,000, or if such willful violation involves the deliberate perpetration of a fraud upon the commissioner, by imprisonment for not more than 2 years, or both.
Sec. 49. Whenever it appears to the commissioner that any person has committed a violation of this chapter, which so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, shareholders or the public, the commissioner may proceed as provided in chapter 696B of NRS to take possession of the property of such domestic insurer and to conduct the business thereof.
Sec. 50. Whenever it appears to the commissioner that any person has committed a violation of this chapter which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the commissioner may, after giving notice and an opportunity to be heard, determine to suspend, revoke or refuse to renew such insurers license or authority to do business in this state for such period as he finds is required for the protection of policyholders or the public. Any such determination shall be accompanied by specific findings of fact and conclusions of law.
κ1973 Statutes of Nevada, Page 1050 (CHAPTER 598, SB 539)κ
Sec. 51. 1. Any person aggrieved by any act, determination, rule, regulation, order or any other action of the commissioner pursuant to this chapter may appeal therefrom to the First Judicial District Court in and for Carson City. The court shall conduct its review without a jury and by trial de novo, except that if all parties including the commissioner so stipulate, the review shall be confined to the record. Portions of the record may be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.
2. The filing of an appeal pursuant to this section shall stay the application of any such rule, regulation, order or other action of the commissioner to the appealing party unless the court, after giving such party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors or the public.
3. Any person aggrieved by any failure of the commissioner to act or make a determination required by this chapter, may petition the First Judicial District Court in and for Carson City for a writ in the nature of a mandamus or a peremptory mandamus directing the commissioner to act or make such determination forthwith.
________
Senate Bill No. 532Senator Close
CHAPTER 599
AN ACT relating to receipt of stolen property; creating a civil action for treble damages in favor of the owner against a knowing receiver of stolen property; 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 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever any owners property has been taken by larceny, robbery, burglary or embezzlement and thereafter another person, for his own gain or to prevent the owner from again possessing his property, has bought, received, possessed or withheld the property under circumstances that make such conduct a violation of subsection 1 of NRS 205.275, the owner of the property may bring a civil action against the other person and may recover treble the amount of any damage the owner has thereby suffered, together with his costs in the action and a reasonable attorneys fees.
________
κ1973 Statutes of Nevada, Page 1051κ
Senate Bill No. 522Committee on Health, Welfare and State Institutions
CHAPTER 600
AN ACT relating to registered nurses; exempting such nurses from laws and regulations pertaining to pharmacists while engaged in certain activities; 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 639 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The provisions of this chapter do not apply to registered nurses while engaged in the performance of any public health program as approved by the board. The board shall adopt such rules and regulations as may be necessary to assure that proper and adequate safeguards, including the dispensing procedures, are followed to protect the persons who participate in such public health programs.
________
Senate Bill No. 491Senator Wilson
CHAPTER 601
AN ACT to provide for the assumption and retrocession of jurisdiction of the State of Nevada over areas of Indian country in the state with the consent of the Indians occupying such areas; providing for an election to determine such consent; affording certain rights to Indians subject to the jurisdiction of 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 41.430 is hereby amended to read as follows:
41.430 1. Pursuant to the provisions of section 7, chapter 505, Public Law 280 of the 83d Congress, approved August 15, 1953, and being 67 Stat. 588, and sections 401 to 403, inclusive, of Title IV, Public Law 284 of the 90th Congress, approved April 11, 1968, and being 82 Stat. 78, et seq., the State of Nevada does hereby assume jurisdiction over public offenses committed by or against Indians in the areas of Indian country in Nevada, as well as jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country in Nevada, subject only to the conditions of [subsection 2] subsections 3 and 4 of this section.
2. [This section shall become effective 90 days after July 1, 1955, and shall apply to all the counties in this state except that, prior to the effective date, the board of county commissioners of any county may petition the governor to exclude and except the area of Indian country in that county from the operation of this section and the governor, by proclamation issued before the effective date of this section, may exclude and except such Indian country.
κ1973 Statutes of Nevada, Page 1052 (CHAPTER 601, SB 491)κ
that county from the operation of this section and the governor, by proclamation issued before the effective date of this section, may exclude and except such Indian country.
3. In any case where the governor does exclude and except any area of Indian country, as provided in subsection 2 of this section, he may, by subsequent proclamation at the request of the board of county commissioners of any county which has been excluded and excepted, withdraw and remove the exclusion and exception and thereafter the Indian country in that county shall become subject to the provisions of this section.] Any tribal ordinance or custom adopted by an Indian tribe, band or community in the exercise of any authority possessed by it shall, if not inconsistent with any applicable civil law of this state, be given full force and effect in the determination of civil causes of action pursuant to this section.
3. This section applies to all areas of Indian country within this state wherein the Indian tribe occupying any such area has consented to the continuation of state jurisdiction over such area in the manner provided in sections 6 to 14, inclusive, of this act, or has consented to the assumption of state jurisdiction over such area in the manner provided by section 406 of Title IV of Public Law 284 of the 90th Congress, approved April 11, 1968, and being 82 Stat. 80.
4. This section does not apply to any area of Indian country within this state wherein the Indian tribe occupying any such area has failed or refused to consent to the continuation of state jurisdiction over such area in the manner provided in sections 6 to 14, inclusive, of this act; and the State of Nevada hereby recedes from and relinquishes jurisdiction over any such area.
Sec. 2. Chapter 233A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 5, inclusive, of this act.
Sec. 3. Indians subject to the jurisdiction of the State of Nevada pursuant to the provisions of NRS 41.430 and 194.040 are entitled to all services of the State of Nevada, including without limitation, correctional legal aid, public defender, probational and psychiatric services afforded to any other persons who are defendants in criminal actions or parties to civil actions in the courts of this state.
Sec. 4. The provisions of NRS 41.430 and 194.040 do not preclude Indian tribes who are recognized by the United States as possessing powers of self-government from enacting their own laws, regulations and ordinances, and enforcing them by their own tribal courts in accordance with their rules of procedure, but no person subject to the jurisdiction of such tribal court or governmental organization shall be denied any rights guaranteed by the constitutions of the United States or the State of Nevada.
Sec. 5. The provisions of NRS 41.430 and 194.040 do not increase the power of administrative agencies of the State of Nevada to exercise their jurisdiction over persons living and residing upon tribal or Indian country with the consent of the Indian tribe having jurisdiction over that country, but the extent to which such jurisdiction of administrative agencies existed prior to July 1, 1974, shall remain the same and in full force and effect.
Sec. 6. 1. For the purpose of determining the consent of the Indian tribe occupying each particular area of Indian country in this state to the continuation of state jurisdiction over such area pursuant to NRS 41.430, the Indian affairs commission shall cause a referendum election to be conducted in each such area of Indian country in this state over which the State of Nevada has jurisdiction on a date designated by it, which shall be no later than June 4, 1974.
κ1973 Statutes of Nevada, Page 1053 (CHAPTER 601, SB 491)κ
tribe occupying each particular area of Indian country in this state to the continuation of state jurisdiction over such area pursuant to NRS 41.430, the Indian affairs commission shall cause a referendum election to be conducted in each such area of Indian country in this state over which the State of Nevada has jurisdiction on a date designated by it, which shall be no later than June 4, 1974.
2. Except as otherwise provided in this act, such election shall be conducted as nearly as practicable in conformity with the general election laws of this state.
3. The Indian affairs commission shall adopt such regulations, consistent with applicable law, for the registration of voters and the conduct of the election as it may deem necessary to assure the fairness, purity and efficient conduct of such election.
4. The Indian affairs commission may appoint such election officials and other election workers as it may deem necessary for the registration of voters and the efficient conduct of such election. The county clerk of any county in which an election is to be held is authorized to cooperate with and assist the Indian affairs commission in carrying out the purposes of sections 6 to 14, inclusive, of this act.
Sec. 7. A person is qualified to vote in such election if he:
1. Is 18 years of age or older;
2. Is a member of the Indian tribe occupying the particular area of Indian country in which he seeks to vote;
3. Has registered to vote in such election in accordance with the provisions of this act and election regulations adopted by the Indian affairs commission; and
4. Was a resident of the particular area of Indian country in which he is registered for a period of not less than 6 weeks immediately preceding the date of registration, and has continuously resided in such area of Indian country between the date of registration and the date of the election.
Sec. 8. 1. The Indian affairs commission shall provide for the registration of all persons eligible to vote in such election in each particular area of Indian country, and may prescribe the times and places at which such persons may register, but registration shall be closed not later than 60 days preceding the date of the election.
2. Each registrant shall execute under oath an affidavit of registration which shall include:
(a) His full name;
(b) His place of residence and post office address with sufficient particularity to identify it and the particular area of Indian country in which he resides;
(c) His social security number, if any;
(d) His occupation;
(e) The date and place of his birth; and
(f) The name of the Indian tribe of which he is a member.
3. The affidavit of registration shall be delivered to the Indian affairs commission as soon as practicable after it has been executed and shall be retained in the permanent records of the commission.
Sec. 9. Not later than 30 days preceding the date of the election, the Indian affairs commission shall furnish to each person registered to vote in such election the following:
κ1973 Statutes of Nevada, Page 1054 (CHAPTER 601, SB 491)κ
Indian affairs commission shall furnish to each person registered to vote in such election the following:
1. A notice containing the date of the election, the place at which such person may cast his vote and the hours within which voting will be permitted.
2. A sample ballot containing the question to be voted on as provided in section 10 of this act.
3. A copy of this act, together with an explanation thereof and an explanation of the question to be voted on, as approved by the attorney general.
Sec. 10. 1. All ballots to be used at the election shall contain a statement of the question to be voted on and two squares adjacent to the question for the voter to mark either Yes or No.
2. The form of the question shall be substantially as follows:
Shall the State of Nevada retain jurisdiction over that area of Indian country occupied by the (insert name of tribe) and known as (insert name by which the area is generally known)?
3. The ballot shall also contain appropriate instructions for marking it.
Sec. 11. 1. Immediately after the closing of the polls at each polling place the ballot boxes shall be sealed and delivered into the custody of the Indian affairs commission, and shall remain sealed until opened as provided in subsection 2.
2. As soon as practicable after the closing of the polls, the Indian affairs commission shall meet for the purpose of counting and recording the votes cast and declaring the results of the election. In so doing, the commission shall proceed as follows:
(a) Each ballot box from each polling place in each particular area of Indian country in which an election was held shall be unsealed and opened separately, its contents counted, and the number of votes both for and against the question and the total number of votes cast shall be recorded separately.
(b) When all votes cast have been separately counted and recorded as provided in paragraph (a), the commission shall prepare a summary of votes cast in each particular area of Indian country within a single county, which shall show the number of votes both for and against the question and the total number of votes cast at each polling place, and the total number of votes both for and against the question and the total number of votes cast at all polling places in each particular area of Indian country within each single county.
(c) A copy of the vote summary prepared pursuant to paragraph (b) shall be posted in each polling place in each particular area of Indian country within the county.
3. The Indian affairs commission shall be the sole judge of the validity of any ballot cast in the election.
Sec. 12. No infirmities in the conduct of the election or any matter relating thereto shall invalidate the election or the results thereof if the provisions of sections 6 to 14, inclusive, of this act were substantially complied with and the election was conducted fairly.
κ1973 Statutes of Nevada, Page 1055 (CHAPTER 601, SB 491)κ
Sec. 13. 1. Within 10 days after the date of the election the Indian affairs commission shall certify the results of the election to the secretary of state. The question voted upon shall have been answered in the affirmative if a majority of the votes cast within the particular area of Indian country in a single county were voted in the affirmative. The question voted upon shall have been answered in the negative if a majority of the votes cast within the particular area of Indian country in a single county were voted in the negative.
2. Separate certifications of election results shall be provided for each particular area of Indian country within each county wherein the question was voted upon. Each certification shall include:
(a) A statement of the question voted upon;
(b) A statement that the question voted upon was answered in the affirmative or the negative, as the case may be;
(c) A particular description of the area of Indian country affected by the result of the election; and
(d) A summary of votes cast as provided in paragraph (b) of subsection 2 of section 11 of this act.
Sec. 14. Upon receipt of the certificates referred to in section 13 of this act, the secretary of state shall deliver a certified copy of each certificate to the legislative counsel and shall deliver a certified copy of each certificate pertaining to a particular area of Indian country located within a particular county to the board of county commissioners of that county.
Sec. 15. The provisions of sections 1 to 5, inclusive, of this act shall not impair or affect any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred, prior to July 1, 1974, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such sections of this act had not been enacted.
Sec. 16. The provisions of sections 1 to 5, inclusive, of this act shall become effective on July 1, 1974.
________
Senate Bill No. 486Senator Herr
CHAPTER 602
AN ACT relating to certain persons employed in food establishments; providing for rules and regulations requiring the use of hair nets, caps or other suitable coverings under certain circumstances; 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 446 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state board of health shall adopt reasonable rules and regulations requiring that any person employed in the preparation or service of food or beverages to patrons on the premises of a food establishment, or who comes in contact with eating or cooking utensils used for such service, whose hair length exceeds specified limits shall wear a hair net, cap or other suitable covering which confines the hair while such person is engaged in the performance of his duties.
κ1973 Statutes of Nevada, Page 1056 (CHAPTER 602, SB 486)κ
or beverages to patrons on the premises of a food establishment, or who comes in contact with eating or cooking utensils used for such service, whose hair length exceeds specified limits shall wear a hair net, cap or other suitable covering which confines the hair while such person is engaged in the performance of his duties. Such rules and regulations shall specify the minimum hair length to which such requirement applies.
________
Senate Bill No. 252Committee on Finance
CHAPTER 603
AN ACT increasing salaries of employees of the State of Nevada in the classified service; providing for certain salary adjustments in the classified and unclassified service; making appropriations for such salary increases from the general fund and the state highway fund in the state treasury; and providing other matters properly relating thereto.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. Except as otherwise provided in this act, to effect an approximate 6-percent salary increase effective January 1, 1973, there is hereby appropriated from the general fund in the state treasury, for the fiscal period January 1, 1973, to June 30, 1973, the sum of $517,770 and for the fiscal periods July 1, 1973, to June 30, 1974, and from July 1, 1974, to June 30, 1975, the sums of $1,057,974 and $1,083,288, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between appropriated funds of the respective departments, commissions and agencies of the State of Nevada as fixed by the 56th session of the legislature and the salary requirements of classified personnel of such departments, commissions and agencies necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on January 1, 1973.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse the moneys herein appropriated to the various departments, commissions and agencies under such adjusted pay plan.
Sec. 2. 1. There is hereby appropriated from the general fund in the state treasury for the fiscal period from January 1, 1974, to June 30, 1975, the sum of $1,426,444 to provide a maximum 5-percent salary adjustment for classified employees based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1974, and to be effective through June 30, 1975. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1972, through September 1973, not to exceed 5 percent.
κ1973 Statutes of Nevada, Page 1057 (CHAPTER 603, SB 252)κ
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the funds herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of such respective departments, commissions and agencies under the adjusted pay plan of January 1, 1973.
Sec. 3. 1. There is hereby appropriated from the state highway fund to effect an approximate 6-percent salary increase effective January 1, for the fiscal period January 1, 1973, to June 30, 1973, the sum of $120,000 and for the fiscal periods July 1, 1973, to June 30, 1974, and from July 1, 1974, to June 30, 1975, the sums of $233,544 and $237,526, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may exist between the appropriated funds of the department of motor vehicles and appropriate employees of the public service commission of Nevada as fixed by the 56th session of the legislature, and the salary requirements of classified personnel of the department of motor vehicles and appropriate employees of the public service commission of Nevada needed under an adjusted pay plan, except those employees whose salaries have been retained, to become effective January 1, 1973.
2. The state board of examiners, upon recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available, shall equal the amounts of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under such adjusted pay plan.
Sec. 4. 1. There is hereby appropriated from the state highway fund for the fiscal period January 1, 1974, to June 30, 1975, the sum of $313,402 to provide a maximum 5-percent salary adjustment for classified employees of the department of motor vehicles and appropriate employees of the public service commission of Nevada, based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1974, and to be effective through June 30, 1975. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1972, through September 1973, not to exceed 5 percent.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amounts of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under the adjusted pay plan.
κ1973 Statutes of Nevada, Page 1058 (CHAPTER 603, SB 252)κ
available shall equal the amounts of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under the adjusted pay plan.
Sec. 5. 1. There is hereby appropriated from the general fund in the state treasury for the fiscal period January 1, 1973, to June 30, 1973, the sum of $124,128 and for the fiscal periods July 1, 1973, to June 30, 1974, and from July 1, 1974, to June 30, 1975, the sums of $206,880 and $206,880, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between appropriated funds of the two campuses of the University of Nevada System, as fixed by the 56th session of the legislature, and the salary requirements of classified personnel of the University of Nevada System, necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective January 1, 1973.
2. There is hereby appropriated from the general fund in the state treasury for the fiscal period January 1, 1974, to June 30, 1975, the sum of $325,090 to provide a maximum 5-percent salary adjustment for classified employees of the University of Nevada System based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1974, and to be effective through June 30, 1975. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1972, through September 1973, not to exceed 5 percent.
3. The state board of examiners, upon recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the campuses of the University of Nevada System, out of the funds herein appropriated, the sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs for classified employees of the University of Nevada System under the adjusted pay plan to become effective on January 1, 1973.
Sec. 6. 1. There is hereby appropriated from the general fund in the state treasury, for the fiscal period January 1, 1973, to June 30, 1973, the sum of $104,886 to the state board of examiners for the purpose of meeting any deficiencies which may be created between appropriated funds of the respective departments, commissions, and agencies of the State of Nevada as fixed by the 56th session of the legislature and the salary requirements of unclassified personnel of such departments, commissions, and agencies approved by the 57th session of the legislature, to become effective on January 1, 1973.
2. The state board of examiners, upon recommendation of the director of the department of administration, is authorized to allocate and disburse to the various departments, commissions, and agencies the amounts necessary to effect salary increases approved for the unclassified service by the 57th session of the legislature.
Sec. 7. 1. There is hereby appropriated from the state highway fund for the fiscal period January 1, 1973, to June 30, 1973, the sum of $13,783 to the state board of examiners for the purpose of meeting any deficiencies which may exist between appropriated funds for salaries for unclassified employees in the department of motor vehicles and appropriate employees of the attorney generals office and the public service commission of Nevada as fixed by the 56th session of the legislature and the requirements of unclassified personnel of the department of motor vehicles and appropriate unclassified employees of the attorney generals office and the public service commission of Nevada necessary to effect salary increases for unclassified employees as approved by the 57th session of the legislature, to become effective January 1, 1973.
κ1973 Statutes of Nevada, Page 1059 (CHAPTER 603, SB 252)κ
of $13,783 to the state board of examiners for the purpose of meeting any deficiencies which may exist between appropriated funds for salaries for unclassified employees in the department of motor vehicles and appropriate employees of the attorney generals office and the public service commission of Nevada as fixed by the 56th session of the legislature and the requirements of unclassified personnel of the department of motor vehicles and appropriate unclassified employees of the attorney generals office and the public service commission of Nevada necessary to effect salary increases for unclassified employees as approved by the 57th session of the legislature, to become effective January 1, 1973.
2. The state board of examiners, upon recommendation of the director of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the attorney generals office and the public service commission of Nevada out of funds appropriated by subsection 1 such sums of money as from time to time may be required, which when added to funds otherwise appropriated or available shall equal the amounts of money required to meet and pay the salary needs of unclassified employees of the department of motor vehicles and appropriate unclassified employees of the attorney generals office and the public service commission of Nevada required as a result of salary recommendations approved by the 57th session of the legislature.
Sec. 8. This act shall become effective upon passage and approval and shall operate retroactively from January 1, 1973.
________
Senate Bill No. 359Committee on Judiciary
CHAPTER 604
AN ACT relating to alcohol abuse and alcohol abusers; providing for civil protective custody for certain alcohol abusers under specified conditions; repealing certain criminal provisions relating to public intoxication; 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 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. The legislature finds and declares that the handling of alcohol abusers within the criminal justice system is ineffective, whereas treating alcohol abuse as a health problem allows its prevention and treatment and relieves law enforcement agencies of a large and inappropriate burden. Sections 2 to 4, inclusive, of this act are intended to provide for the prevention of alcohol abuse and the treatment of alcohol abusers. Sections 2 to 4, inclusive, of this act are further intended to transfer the handling of public intoxication from statutes providing criminal sanctions, such as loitering and vagrancy, to statutes providing for civil protective custody. To accomplish these purposes, the division shall continue to direct itself to the problem of alcohol abuse at large, attempting to combat the problem on the community level.
κ1973 Statutes of Nevada, Page 1060 (CHAPTER 604, SB 359)κ
to the problem of alcohol abuse at large, attempting to combat the problem on the community level.
Sec. 3. The use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not public offenses and shall not be so treated in any ordinance of a county, city or town. This section does not make intoxication an excuse for any criminal act or prevent intoxication from being included as an element or aggravating circumstance in a public offense having one or more other distinct elements.
Sec. 4. 1. Except as provided in subsection 6, a person who is found in any public place under the influence of alcohol, in such a condition that he is unable to exercise care for his own health or safety or the health or safety of others, shall be placed under civil protective custody by a peace officer.
2. A peace officer may use upon such person that kind and degree of force which would be lawful if he were effecting an arrest for a misdemeanor with a warrant.
3. If a licensed facility for the treatment of alcohol abusers exists in the community where the person is found, he shall be delivered to such facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail for shelter or supervision for his own health and safety until he is no longer under the influence of alcohol. He may not be required against his will to remain in either a licensed facility or a jail longer than 72 hours.
4. The placement of such a person in civil protective custody shall be recorded at the facility or jail to which he is delivered and communicated at the earliest practical time to the division or to a local alcohol abuse authority designated by the division.
5. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.
6. The provisions of this section shall not apply to any driver apprehended or arrested for the offense of operating a vehicle under the influence of intoxicating liquor or controlled substances, pursuant to chapter 484 of NRS.
Sec. 5. NRS 458.010 is hereby amended to read as follows:
458.010 As used in this chapter, unless the context requires otherwise:
1. Administrator means the administrator of the alcoholism division of the department of health, welfare and rehabilitation.
2. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, morals, safety or welfare of himself or any other person or group of persons.
3. Arrested alcoholic means an alcoholic who has found a way to live normally without the use of alcoholic beverages.
4. Board means the state alcoholism advisory board.
5. Civil protective custody means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
6. Director means the director of the department of health, welfare and rehabilitation.
κ1973 Statutes of Nevada, Page 1061 (CHAPTER 604, SB 359)κ
Sec. 6. NRS 207.030 is hereby amended to read as follows:
207.030 1. Every person is a vagrant who:
(a) Solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;
(b) Solicits any act of prostitution;
(c) Is a pimp, panderer or procurer or lives in or about houses of prostitution;
(d) Accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms;
(e) Goes from house to house begging food, money or other articles, or seeks admission to such houses upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises;
(f) Keeps a place where lost or stolen property is concealed;
(g) Loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act;
(h) Loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to identify himself and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands such identification;
(i) [Is found in any public place under the influence of intoxicating liquor, or any controlled substance as defined in chapter 453 of NRS, or the combined influence of intoxicating liquor and any such substance, in such a condition that he is unable to exercise care for his own safety or the safety of others, or by reason of his being under the influence of intoxicating liquor, or any controlled substance as defined in chapter 453 of NRS, or the combined influence of intoxicating liquor and any such substance, interferes with or obstructs or prevents the free use of any street, sidewalk or other public way;
(j)] Loiters, prowls or wanders upon the private property of another, in the nighttime, without visible or lawful business with the owner or occupant thereof, or who, while loitering, prowling or wandering upon the private property of another, in the nighttime, peeks in the door or window of any inhabited building or structure located thereon, without visible or lawful business with the owner or occupant thereof; or
[(k)] (j) Lodges in any building, structure or place, whether public or private, without the permission of the owner or person entitled to the possession or in control thereof.
2. Every vagrant is guilty of a misdemeanor.
Sec. 7. NRS 207.080 is hereby amended to read as follows:
207.080 1. For the purpose of NRS 207.080 to 207.150, inclusive, a convicted person is defined as:
(a) Any person who has been or hereafter is convicted of an offense punishable as a felony in the State of Nevada, or who has been or who is hereafter convicted of any offense in any place other than the State of Nevada, which offense, if committed in the State of Nevada, would be punishable as a felony.
κ1973 Statutes of Nevada, Page 1062 (CHAPTER 604, SB 359)κ
(b) Any person who has been or hereafter is convicted in the State of Nevada, or elsewhere, of the violation of any law, whether the same is or is not punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Narcotic Drug Act.
(2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm.
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.
(c) Any person who has been, or who hereafter is, convicted of a crime in the State of Nevada, under the provisions of one or more of NRS 122.220, 201.120 to 201.170, inclusive, 201.250, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.055, [202.100,] 202.200 to 202.230, inclusive, 212.170, 212.180, 433.640, 451.010 to 451.040, inclusive, 452.300, 462.010 to 462.080, inclusive, 465.010 to 465.070, inclusive, 646.010 to 646.060, inclusive, 647.095, 647.100, 647.110, 647.120, 647.130, 647.140 and 647.145, or who has been, or hereafter is, convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of such sections.
(d) Any person who has been, or who hereafter is, convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. Any person, except as hereinafter set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.
Sec. 8. NRS 202.100 and 207.160 are hereby repealed.
________
Senate Bill No. 600Committee on Federal, State and Local Governments
CHAPTER 605
AN ACT to amend chapter 244 of NRS, relating to county government, by adding a new section allowing the boards of county commissioners to establish limited medical facilities and ambulance services for outlying areas within their respective counties; 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 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1973 Statutes of Nevada, Page 1063 (CHAPTER 605, SB 600)κ
The boards of county commissioners are empowered to:
1. Establish, equip and maintain limited medical facilities in the outlying areas of their respective counties to provide outpatient care and emergency treatment to the residents of and those falling sick or being injured or maimed in such areas.
2. Provide a full-time or part-time staff for such facilities which staff may include a physician, a certified physicians assistant, a registered nurse or a licensed practical nurse, a certified paramedic and such other personnel as such board shall deem necessary or appropriate to insure adequate staffing commensurate with the needs of the area in which such facility is located.
3. Fix the charges for the medical and nursing care and medicine furnished by such facilities to those who are able to pay for the same, and to provide such care and medicine free of charge to those persons who qualify as medical indigents under the respective countys criteria of patient eligibility for medical care.
4. Purchase, equip and maintain, either in connection with a limited medical facility as authorized in this section or independent therefrom, ambulances and ambulance services for the benefit of the residents of and those falling sick or being injured or maimed in such outlying areas.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 579Committee on Transportation
CHAPTER 606
AN ACT relating to abandoned vehicles; prohibiting the abandonment of vehicles; requiring a license to keep certain accumulations of unregistered vehicles; providing for the removal of abandoned vehicles; 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 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The legislature finds that:
(a) Abandoned vehicles constitute a safety hazard and a public nuisance and are detrimental to the health, safety and welfare of the general public.
(b) Such vehicles produce scenic blight which degrades the environment and adversely affects the proper maintenance and continuing development of the state.
(c) Such vehicles represent a resource out of place, requiring state and local governmental attention in order to ensure their expeditious removal and recycling.
2. The legislature declares that the policy of this state is:
(a) To prohibit the abandonment of vehicles and to enforce such prohibition with adequate penalties.
κ1973 Statutes of Nevada, Page 1064 (CHAPTER 606, SB 579)κ
(b) To encourage the development of procedures and operational techniques which will facilitate the expeditious removal of abandoned vehicles from public and private premises.
(c) To encourage state and local governmental units, in cooperation with the private sector to recover the resource represented by abandoned vehicles to the fullest extent practicable.
Sec. 3. 1. No person may abandon a vehicle upon any public highway or road.
2. No person may abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of such property.
Sec. 4. 1. Unless he first obtains a license pursuant to NRS 487.050, no person may for any reason keep more than two unregistered vehicles on real property owned by him or under his possession or control if such vehicles are no longer intended for or in condition for lawful use on the highway.
2. The provisions of subsection 1 do not apply to:
(a) Premises used by a licensed dealer, manufacturer or rebuilder.
(b) Vehicles to be restored or used as a source of parts in conjunction with the operation or maintenance of a fleet of vehicles for the carriage of persons or property.
(c) Premises used as a farm, ranch, mine or motor vehicle repair shop.
(d) Any person engaged in the restoration of one or more vehicles entitled to registration as a Horseless Carriage or otherwise having classic or historic significance.
Sec. 5. Every person who violates any provision of sections 3 or 4 of this act is guilty of a misdemeanor.
Sec. 6. NRS 487.210 is hereby amended to read as follows:
487.210 As used in NRS 487.220 to 487.270, inclusive, [department] and sections 2 to 5, inclusive, of this act:
1. Department means the department of motor vehicles.
2. Person means a person, firm, partnership, association or corporation.
Sec. 7. NRS 487.220 is hereby amended to read as follows:
487.220 [The registered owner of any vehicle abandoned on any public property shall be] 1. Every person who abandons a vehicle is responsible for the cost of removal and disposition of such vehicle.
2. An abandoned vehicle is presumed to have been abandoned by the registered owner thereof. The registered owner may not rebut this presumption by showing that he transferred his interest in the abandoned vehicle unless he complied with the provisions set forth in NRS 482.399 to 482.420, inclusive.
Sec. 8. NRS 487.230 is hereby amended to read as follows:
487.230 1. Any sheriff, constable, member of the Nevada highway patrol, field investigator of the vehicle compliance and enforcement section of the registration division or inspector or field agent of the motor carrier division of the department, special investigator employed by the office of any district attorney or marshal or policeman of any city or town who has reason to believe that a vehicle has been abandoned in his jurisdiction may remove such vehicle from any public property [.] or, at the request of the owner or person in possession or control of any private property, from such private property.
κ1973 Statutes of Nevada, Page 1065 (CHAPTER 606, SB 579)κ
request of the owner or person in possession or control of any private property, from such private property.
2. Any person [specified in subsection 1] who removes an abandoned vehicle pursuant to subsection 1 shall take such vehicle to the nearest garage or other place designated by the department or political subdivision for storage.
________
Assembly Bill No. 944Committee on Government Affairs
CHAPTER 607
AN ACT relating to the state government; creating a state fire marshal division in the department of commerce; providing powers and duties of the state fire marshal in connection with mobile home and travel trailer standards; regulating the inspection and sale of certain mobile homes and travel trailers; creating a mobile home and travel trailer advisory commission; repealing certain powers and duties of the department of motor vehicles; 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 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 40, inclusive, of this act.
Sec. 2. This chapter may be cited as the Nevada Mobile Home Standards Act.
Sec. 3. 1. The legislature finds that mobile homes and travel trailers, because of the manner of the construction, assembly and use of such homes and trailers and of their systems, components and appliances, including heating, plumbing and electrical systems, like other finished products having concealed vital parts, may present hazards to the health, life and safety of individuals and to the safety of property unless properly manufactured.
2. In the sale of motor homes and travel trailers, there is also the possibility of unascertained defects in such homes and trailers even though inspected by purchasers.
3. It is the policy and purpose of this state to protect the public against such possible hazards and to prohibit the manufacture and sale in this state of mobile homes and travel trailers which are not constructed in a manner which provides reasonable safety and protection to owners and users.
Sec. 4. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 5 to 15, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 5. American Standards means the standards for mobile homes and travel trailers adopted and published by the American National Standards Institute.
Sec. 6. Certificate of compliance means a certificate issued by the State of Nevada certifying that the plumbing, heating, electrical systems, body and frame design and construction requirements of a mobile home or travel trailer are installed in compliance with the American Standards for mobile homes or travel trailers, as the case may be, applicable at the time of manufacture.
κ1973 Statutes of Nevada, Page 1066 (CHAPTER 607, AB 944)κ
body and frame design and construction requirements of a mobile home or travel trailer are installed in compliance with the American Standards for mobile homes or travel trailers, as the case may be, applicable at the time of manufacture.
Sec. 7. Commission means the Nevada mobile home and travel trailer advisory commission.
Sec. 8. Competent means competent technically to evaluate, test and inspect, according to the standards, rules and regulations prescribed pursuant to the provisions of this chapter, the structural features, the plumbing, heating and electrical systems and the materials used in constructing a mobile home or travel trailer.
Sec. 9. Department means the department of commerce.
Sec. 10. Division means the state fire marshal division of the department of commerce.
Sec. 11. Firm means a corporation, partnership, association or governmental agency of the United States or of any state.
Sec. 12. Label of compliance means a label permanently attached to a mobile home or travel trailer at the completion of the construction thereof, which label is issued by an independent, solvent and trustworthy firm, approved and licensed by the division as being competent and as having and utilizing initial and followup manufacturing inspection services providing a high degree of quality control, and on which label is recorded:
1. The name of the person issuing such label and the serial number of the label;
2. The serial or other identification number of the mobile home or travel trailer; and
3. A certification that the mobile home or travel trailer was evaluated, tested and inspected according to the standards and rules and regulations issued pursuant to the provisions of this chapter.
Sec. 13. Mobile home means a vehicular structure which is:
1. Built on a chassis or frame;
2. Designed to be used with or without a permanent foundation;
3. Capable of being drawn by a motor vehicle; and
4. Used as a dwelling when connected to utilities.
Sec. 14. Person means every natural person, firm, partnership, association or corporation.
Sec. 14.5. Seal means a certificate of compliance or a label of compliance.
Sec. 15. 1. Travel trailer means a portable structure on wheels, constructed on a vehicular-type chassis, primarily designed as temporary living quarters for recreational, camping or travel use and drawn by another vehicle.
2. A vehicle is not a travel trailer if, when equipped for highway use, it is greater than 8 feet wide or 40 feet long.
Sec. 16. 1. The Nevada mobile home and travel trailer advisory commission is hereby created.
2. The commission consists of five members, appointed by the governor.
κ1973 Statutes of Nevada, Page 1067 (CHAPTER 607, AB 944)κ
3. The commission shall advise the mobile home and travel trailer section of the division.
Sec. 17. 1. The initial members of the commission shall hold office, one for 1 year, one for 2 years, one for 3 years and two for 4 years. Thereafter, each member shall serve for a term of 4 years.
2. Three of the five members shall be persons licensed pursuant to chapter 482 of NRS as travel trailer or mobile home dealers or manufacturers. One member shall be from the general public, and one member shall be from a fire service unit of any county or municipal government in the State of Nevada.
3. A member shall not serve for more than 8 consecutive years, after which time such person is ineligible for membership for 3 years after any period of previous service. When a successor is appointed to fill the balance of any unexpired term of a member, the time served by the successor is not computed in the 8 years consecutive service unless the balance of the unexpired term exceeds 18 months.
Sec. 18. Each member of the commission shall:
1. Be a citizen of the United States;
2. Be a resident of the State of Nevada for not less than 2 years; and
3. In the case of members who are mobile home or travel trailer dealers or manufacturers, be actively engaged in business as a mobile home or travel trailer dealer or manufacturer in the State of Nevada for at least 2 years immediately preceding his appointment.
Sec. 19. 1. At least two members of the commission shall be residents of the eastern district of Nevada and at least two members of the commission shall be residents of the western district of Nevada.
2. For the purpose of this section, the eastern district consists of the counties of Clark, Elko, Eureka, Lander, Lincoln, Nye and White Pine.
3. For the purpose of this section, the western district consists of Carson City and the counties of Churchill, Douglas, Esmeralda, Humboldt, Lyon, Mineral, Pershing, Storey and Washoe.
Sec. 20. Each member of the commission shall, before entering upon the duties of his office:
1. Take the oath of office; and
2. Affirm that he is qualified under the provisions of this chapter to serve as a member of the commission.
Sec. 21. 1. Within 30 days after a term expires or vacancy occurs, the governor shall appoint a successor. Appointments to fill a vacancy are for the remainder of the term. A new term commences on May 1 following appointment to the commission. All other appointments commence immediately upon acceptance.
2. In the event of a vacancy on the commission or the absence of any member from the state for a period of 6 months without permission from the governor, the governor shall appoint a person with the same qualifications as the former member to fill the unexpired term.
Sec. 22. 1. The commission shall meet annually and elect a president, vice president and secretary to serve for the following year.
2. Meetings of the commission may be held at the call of the president whenever he determines there is sufficient business to warrant action by the commission or whenever two members of the commission submit a written request for such meeting.
κ1973 Statutes of Nevada, Page 1068 (CHAPTER 607, AB 944)κ
by the commission or whenever two members of the commission submit a written request for such meeting.
3. Notice of the time, place and purpose of all such meetings shall be given in writing to each member at least 5 days prior to the holding of such meeting.
Sec. 23. 1. A majority of the commission constitutes a quorum for the transaction of business, the performance of any duty or the exercise of any power or authority of the commission.
2. A vacancy on the commission does not impair the right of the remaining members to perform all of the duties and exercise all of the power and authority of the commission.
3. The act of the majority of the commission present when in session as a commission constitutes the act of the commission.
Sec. 24. Each member of the commission receives:
1. A salary of not more than $25 per day, as fixed by the commission, while engaged in the business of the commission; and
2. Per diem allowance and travel expenses as provided by law.
Sec. 25. The commission shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 26. 1. The commission shall assist the division in promulgating reasonable rules and regulations to administer the provisions of this chapter. The commission shall also furnish current information regarding any change in the American Standards pertaining to the construction of mobile homes and travel trailers.
2. Any rules, regulations or changes affecting the standards for heating, plumbing, electrical systems, body and frame design and construction requirements of mobile homes or travel trailers shall be approved by the commission before such rules, regulations or changes are accepted to become effective.
Sec. 27. In order to carry out the provisions of this chapter, the state fire marshal or the commission may:
1. Issue subpenas;
2. Conduct hearings; and
3. Administer oaths.
Sec. 28. The state fire marshal, with the approval of the commission:
1. Shall make and promulgate rules and regulations embodying the fundamental principles adopted, recommended or issued by:
(a) The American National Standards Institute (ANSI) standard A119.1 with respect to mobile homes, and standard A119.2 with respect to travel trailers; or
(b) The National Fire Protection Association standard 501-B with respect to mobile homes and standard 501-C with respect to travel trailers.
2. May make and promulgate rules and regulations embodying standards higher than those in paragraphs (a) and (b) of subsection 1 if the public health, welfare and safety require it.
3. May make and promulgate rules and regulations pertaining to the body and frame design and construction requirements and plumbing, heating and electrical systems of mobile homes and travel trailers manufactured prior to January 1, 1968, and may, make and promulgate rules and regulations pertaining to body and frame design and construction requirements for mobile homes and travel trailers constructed after January 1, 1968 but before July 1, 1973.
κ1973 Statutes of Nevada, Page 1069 (CHAPTER 607, AB 944)κ
and regulations pertaining to body and frame design and construction requirements for mobile homes and travel trailers constructed after January 1, 1968 but before July 1, 1973.
4. Shall make and promulgate rules and regulations allowing the issuance of insignia to manufacturers of mobile homes or travel trailers to be affixed by such manufacturers. Such rules shall provide for:
(a) In-plant inspections;
(b) Submission of plans and specifications;
(c) Remedies to dealers and consumers of mobile homes or travel trailers which do not comply with the applicable standard; and
(d) Revocation for cause, upon notice and hearing, of the right of a manufacturer to sell mobile homes or travel trailers in this state for use in this state.
5. Shall make and promulgate rules and regulations providing for:
(a) Fees for issuance of certificates and labels of compliance;
(b) Fees for plan checks;
(c) Fees for inspections of manufacturing plants;
(d) Fees for licenses for firms to issue labels of compliance; and
(e) Other fees for the services of the mobile home and travel trailer section.
Sec. 29. Any firm may apply to the division for approval of an application for a license to issue labels of compliance pursuant to the provisions of this chapter.
Sec. 30. 1. If the division, after reasonable notice and opportunity for a hearing, is satisfied that the applicant meets the qualifications prescribed for such license pursuant to the provisions of this chapter, it shall issue a license to such applicant.
2. The license is valid for a period of 12 consecutive months and may be renewed for like consecutive periods upon application to and approval by the division.
Sec. 31. Any license issued to a firm pursuant to the provisions of this chapter may be suspended or revoked if the division determines after notice and hearing that the licensee:
1. Is insolvent, not competent, not independent or untrustworthy;
2. Has made false statements in his application to the division for license;
3. Has failed or neglected to perform evaluations, testing or manufacturing inspections according to proposed plans and procedures submitted to the division or has failed to comply with any rules or regulations promulgated by the division; or
4. Has repeatedly, specifically or impliedly authorized the attachment of its label of compliance to mobile homes which did not meet the standards, rules or regulations prescribed pursuant to the provisions of this chapter at the time such labels were attached.
Sec. 32. 1. The division may make and promulgate reasonable rules and regulations governing the initial and followup manufacturing inspection practices and procedures to be performed by any firm granted a license to issue a label of compliance pursuant to the provisions of this chapter.
2. The reasonable expense incurred by the examiner in making such followup inspection shall be borne by the licensee whose operations are examined.
κ1973 Statutes of Nevada, Page 1070 (CHAPTER 607, AB 944)κ
followup inspection shall be borne by the licensee whose operations are examined.
Sec. 33. Rulemaking procedures under this chapter shall comply with the provisions of chapter 233B of NRS.
Sec. 34. It is unlawful for any person knowingly to manufacture, sell or offer for sale any mobile home or travel trailer in this state which has been constructed after July 1, 1973, unless such mobile home, its components and systems, have been constructed and assembled according to the standards prescribed pursuant to the provisions of this chapter.
Sec. 35. A mobile home or travel trailer which bears a seal or other certification by another state which the commission finds has a competent inspection program or a label of compliance issued by a firm licensed under sections 29 to 32, inclusive, of this act that the plumbing, heating and electrical systems, body and frame design and construction requirements of such mobile home or travel trailer are installed in compliance with the American Standards or its equivalent shall be deemed to meet the requirements of this state, and the division or persons authorized by it shall issue a seal upon application and proof that the mobile home or travel trailer meets the requirements of this chapter.
Sec. 36. 1. Every mobile home or travel trailer manufactured after January 1, 1968, and prior to July 1, 1973, which is sold or offered for sale in this state shall bear a seal issued by the State of Nevada certifying that the plumbing, heating and electrical systems requirements of such mobile home or travel trailer are installed in compliance with the American Standards for mobile homes or travel trailers, as the case may be, applicable at the time of manufacture.
2. Every mobile home or travel trailer manufactured after July 1, 1973, which is sold or offered for sale in this state shall bear a seal issued by the State of Nevada certifying that the plumbing, heating, electrical systems, body and frame design and construction requirements of such mobile home or travel trailer are installed in compliance with the American Standards for mobile homes or travel trailers, as the case may be, applicable at the time of manufacture.
Sec. 37. A seal may be issued upon an inspection of the plans for, or an actual inspection of, the mobile home or travel trailer.
Sec. 38. 1. There is hereby created the mobile home and travel trailer fund.
2. All fees collected pursuant to the provisions of this chapter shall be deposited into the mobile home and travel trailer fund and all expenses of the mobile home and travel trailer section of the division shall be paid from such fund.
3. The mobile home and travel trailer fund shall not be used for any purpose except the regulation of mobile homes and travel trailers.
4. Upon approval by the state fire marshal, claims against the fund shall be paid in the same manner as other claims against the state are paid.
Sec. 39. Any mobile home or travel trailer for which a seal has been issued pursuant to the provisions of this chapter is not required to comply with any local building codes or ordinances prescribing standards for plumbing, heating, electrical systems, body and frame design and construction requirements.
κ1973 Statutes of Nevada, Page 1071 (CHAPTER 607, AB 944)κ
plumbing, heating, electrical systems, body and frame design and construction requirements.
Sec. 40. Any person who sells or offers to sell in this state any mobile home or travel trailer for which a seal is required under this chapter, which does not bear such seal, is guilty of a misdemeanor.
Sec. 41. NRS 232.230 is hereby amended to read as follows:
232.230 1. The department of commerce is hereby created.
2. The department shall consist of a director and the following divisions:
(a) Banking division.
(b) Insurance division.
(c) Real estate division.
(d) Savings and loan division.
(e) State fire marshal division.
Sec. 42. NRS 232.250 is hereby amended to read as follows:
232.250 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department. In making such appointments, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and shall make such appointments after consultation with and concurrence of such organizations. The chief of the banking division shall be known as the superintendent of banks, the chief of the insurance division shall be known as the commissioner of insurance, the chief of the real estate division shall be known as the real estate administrator, [and] the chief of the savings and loan division shall be known as the commissioner of savings associations [.] and the chief of the state fire marshal division shall be known as the state fire marshal.
2. Be responsible for the administration, through the divisions of the department, of the provisions of Titles 55 to 57, inclusive, of NRS, chapter 645 of NRS, and all other provisions of law relating to the functions of the divisions of the department.
Sec. 43. NRS 232.270 is hereby amended to read as follows:
232.270 The chief of each of the divisions of the department shall:
1. [Be] Except for the state fire marshal, be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
2. [Receive] Except for the state fire marshal, receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
3. Administer the provisions of law relating to his division, subject to the administrative supervision of the director.
4. 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, except for temporary and part-time teaching duties on a university campus.
Sec. 44. NRS 232.280 is hereby amended to read as follows:
232.280 [The] Except for the state fire marshal, the chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS. Such employees shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.
κ1973 Statutes of Nevada, Page 1072 (CHAPTER 607, AB 944)κ
the amounts determined pursuant to the provisions of NRS 284.182. Each deputy and chief assistant 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. 45. NRS 477.010 is hereby amended to read as follows:
477.010 1. The [office of] state fire marshal division is hereby established in the [insurance division of the] department of commerce.
2. The division consists of the fire protection section, the factory-built housing section and the mobile home and travel trailer section.
3. The state fire marshal shall be:
[1.] (a) Appointed [by the governor] from the names submitted pursuant to the provisions of paragraph (c) of subsection 7 of NRS 477.020.
[2.] (b) In the classified service of the state except for the method of appointment.
Sec. 46. NRS 477.013 is hereby amended to read as follows:
477.013 1. The state fire marshal is authorized to appoint, within the limits of legislative appropriations, deputies and such staff as is necessary to the performance of his duties.
2. The state fire marshal may appoint, to the extent permitted by the funds available in the mobile home and travel trailer section fund, such additional deputies and other personnel as are necessary for the administration of chapter 489 of NRS.
3. The deputies and additional personnel appointed by the state fire marshal pursuant to [subsection 1 shall be] subsections 1 and 2 are in the classified service of the state in accordance with the provisions of chapter 284 of NRS.
Sec. 47. NRS 481.048 is hereby amended to read as follows:
481.048 1. The director shall appoint within the limits of legislative appropriations, pursuant to the provisions of chapter 284 of NRS, field dealer inspectors in the registration division of the department.
2. The duties of field dealer inspectors shall be to travel the state and:
(a) Act as field agents and inspectors in the enforcement of the provisions of chapter 482 of NRS as they pertain to dealers, NRS 108.267 to 108.360, inclusive, as such sections pertain to motor vehicles, trailers and motorcycles, and [chapters 487 and 489] chapter 487 of NRS.
(b) Act as advisor to dealers in connection with any problems arising under the provisions of such chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.
(d) Perform such other duties as may be imposed by the director.
3. Field dealer inspectors have the powers of peace officers in carrying out their duties under this section but are not entitled to retire at the ages and under the circumstances provided in NRS 286.510.
Sec. 48. NRS 489.010, 489.020, 489.030, 489.040, 489.050, 489.060 and 489.070 are hereby repealed.
Sec. 49. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 1073κ
Assembly Bill No. 942Committee on Government Affairs
CHAPTER 608
AN ACT prohibiting interments in a portion of Hillside Cemetery in Reno, Nevada; requiring the City of Reno to disinter all human remains buried in such portion of the cemetery and to reinter the same elsewhere; making certain legislative determinations, findings and declarations; imposing certain other duties and vesting certain rights in the City of Reno, Nevada, and officers of Washoe County; 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. The legislature hereby determines, finds and declares that:
1. There exists in the City of Reno, Nevada (hereinafter sometimes referred to as the City), a cemetery known to and recognized by the public as the Hillside Cemetery, consisting of the two following described parcels of real property:
(a) A parcel (hereinafter referred to as Parcel A) containing approximately 1.56 acres bounded by the Knights of Pythias Cemetery on the west, the Grand Army of the Republic Cemetery on the east, and West Tenth Street on the south.
(b) A parcel (hereinafter referred to as Parcel B) containing approximately 5.56 acres bounded on the north by West Tenth Street, on the east by University Terrace, and on the west by Nevada Street.
2. Many years ago an individual who then owned Parcels A and B established therein the Hillside Cemetery and conducted the same as a business by selling burial lots at a price fixed by him and conveyed the same to purchasers by written instruments.
3. No cemetery association, corporation or other authority exists or has ever existed for the purpose of keeping in good order and repair such burial lots, the monuments and tombstones placed thereon and any improvements thereto.
4. Because of the lack of proper supervision of Parcel B there has been a failure to preserve and keep it properly as a resting place for the dead. Graves have worn away, and there has, from time to time, been spoliation and desecration of the burial area, monuments and tombstones.
5. In the exercise of the police power of the state, the legislature may direct the discontinuance of a cemetery and the removal and reinterment of the human remains interred therein in order to promote the public health and well-being.
6. Conditions have changed by the growth of the City since the establishment of Hillside Cemetery. The land comprising Parcel B is no longer suitable for the use to which it was dedicated and on account of the surrounding circumstances the discontinuance of such use is hereby required by the legislature in the promotion of the public health and welfare.
7. The prohibition of further interments in a particular cemetery because of its neglected condition and because the growth of the municipality about it makes it no longer a proper place for a cemetery is a proper and valid exercise of the police power vested in the state.
κ1973 Statutes of Nevada, Page 1074 (CHAPTER 608, AB 942)κ
8. The enactment of this special act is necessary because a general law cannot be made applicable to the instant problem. The provisions of Section 10e, as amended, of Article XII, Statutes of Nevada 1903, section 2.330 of chapter 662, Statutes of Nevada 1971, and NRS 451.070 to 451.340, inclusive, are found not to be applicable because of the number of atypical factors and special conditions concerning the Hillside Cemetery.
Sec. 2. After the effective date of this act any interment or reinterment in Parcel B is prohibited.
Sec. 3. Within 3 years after the effective date of this act and after notice and public hearing as provided in section 4 of this act the City at its own expense shall:
1. Disinter all human remains buried in Parcel B and reinter the same in Parcel A.
2. Relocate existing gravestones and monuments in Parcel B from Parcel B to Parcel A and install the same in flat positions over the new burial lots.
3. Fence, landscape and put Parcel A in a condition comparable to the adjacent Knights of Pythias Cemetery.
4. Install an appropriate monument or plaque in Parcel A containing a legend perpetuating the memory of the pioneers of the Truckee Meadows and the City interred in such parcel.
5. Prepare a plat or map of Parcel A containing names, locations and other information, revising the same from time to time as required by new interments, and make copies of the same available to interested persons.
Sec. 4. 1. Notice of a declaration of intention of the City to remove the human remains from Parcel B and a public hearing thereon by the city council shall be given by publication in a newspaper of general circulation published in the City. Publication shall be at least once a week for 4 successive weeks.
2. Copies of the notice shall, within 10 days after the first publication, be posted in at least three conspicuous places in Parcel B.
3. A copy of the notice shall be mailed by regular mail to every person who owns, holds or had the right of interment in, prior to the enactment of this act, any plot in Parcel B, whose name appears upon the real property assessment roll of Washoe County. The notice shall be addressed to the last-known post office address of the plot owner as it appears from the records of the county assessor of Washoe County, and if his address does not appear or is not known, then to him in the City of Reno, Nevada.
4. The notice shall also be mailed to each known living heir at law of any person whose remains are interred in Parcel B, if his address is known.
Sec. 5. 1. The county assessor of Washoe County shall forthwith, pursuant to law, assess and continue to assess (unless otherwise contrary to law) all property included in Parcel B. He shall assess and include in the tax list and assessment roll all taxes levied by authority of law for county purposes.
κ1973 Statutes of Nevada, Page 1075 (CHAPTER 608, AB 942)κ
2. The City is specifically authorized to acquire the interest of every person who owns, holds or had the right of interment prior to the enactment of this act in any plot in Parcel B or his living heir at law.
3. Acquisition by the City of property in Parcel B held in trust by the county treasurer of Washoe County is hereby determined to be for a public purpose pursuant to NRS 361.603.
4. When the City has obtained ownership rights or title to all property included in Parcel B the city council shall, by competitive bidding, sell such rights and title. Any moneys derived from such sale shall be expended only by the City for perpetual endowment care of Parcel A, or may be placed to the credit of the general fund of the City to be expended only for city park and recreation purposes if the city council by resolution or ordinance first places Parcel A under the jurisdiction of the city park department or other appropriate city department or officer for continuing maintenance.
Sec. 6. This act being necessary to secure and preserve the public health, safety and general welfare, the rule of strict construction shall have no application hereto, but it shall be liberally construed to effect the purposes and objects for which this act is extended.
Sec. 7. This act shall become effective upon passage and approval.
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Assembly Bill No. 941Committee on Government Affairs
CHAPTER 609
AN ACT relating to the City of Elko; creating an annexation commission therefor; 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. Section 1.040 of Article I of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 475, is hereby amended to read as follows:
Section 1.040 Annexations. [The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to counties having a population of less than 200,000.]
1. There is hereby created the city annexation commission.
2. The number, qualifications, terms and selection of the members of such commission shall be determined by the board of supervisors.
3. The commission shall have all the powers and duties of a city annexation commission created pursuant to NRS 268.626 with respect to annexations to the city.
Sec. 2. NRS 268.610 is hereby amended to read as follows:
268.610 1. The provisions of NRS 268.610 to 268.670, inclusive, shall apply only to cities located in counties having a population of less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
κ1973 Statutes of Nevada, Page 1076 (CHAPTER 609, AB 941)κ
than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
2. The provisions of NRS 268.610 to 268.670, inclusive, shall not apply to any city specified in subsection 1 whose charter provides specifically for the creation of an annexation commission to serve the city.
________
Assembly Bill No. 919Committee on Government Affairs
CHAPTER 610
AN ACT relating to weed control districts; prescribing procedures for change of boundaries 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. Chapter 555 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The boundaries of a weed control district may be changed in the manner prescribed in this section, but the change of boundaries of the district shall not:
(a) Impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever.
(b) Affect or impair or discharge any contract, obligation, lien or charge for or upon which it or the owners of property therein might be liable or chargeable had such change of boundaries not been made.
2. The owners of lands may file with the board of directors a petition in writing praying that such lands be included in or excluded from the district. The petition shall describe the tracts or body of land owned by the petitioners, and such petition shall be deemed to give the consent of the petitioners to the inclusion in or the exclusion from the district of the lands described in the petition. The petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.
3. The secretary of the board shall cause notice of filing of such petition to be published in a newspaper of general circulation in the county in which the lands described in the petition are situated, which shall state the filing of such petition, the names of the petitioners, a description of such lands and the nature of the request of the petitioners. Such notice shall require all persons interested to appear at the office of the board at the time specified in the notice and show cause in writing why the petition should not be granted.
4. The board shall at the time specified in the notice, or at such time or times to which the hearing may be adjourned, proceed to hear the petition and all written objections presented to show cause why such petition should not be granted by the board. The failure of any person interested to show cause in writing shall be considered an approval of the inclusion in or the exclusion from the district of such lands in the district as prayed for in the petition.
κ1973 Statutes of Nevada, Page 1077 (CHAPTER 610, AB 919)κ
5. Upon conclusion of the hearing the board by resolution shall grant or deny the request of the petition. The board in its discretion may defer adoption of such resolution to a special meeting or its first regular meeting next succeeding conclusion of the hearing, whichever is sooner.
6. A copy of the resolution, adopted pursuant to subsection 5, shall be filed with the board of county commissioners of each county in which all or a part of the district is located.
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Assembly Bill No. 914Mr. Jacobsen
CHAPTER 611
AN ACT relating to the Interlocal Cooperation Act; specifying that such act includes the services of law enforcement agencies; 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 277.110 is hereby amended to read as follows:
277.110 1. Any power, privilege or authority exercised or capable of exercise by a public agency of this state, including but not limited to law enforcement, may be exercised jointly with any other public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise. Any agency of this state when acting jointly with any other public agency may exercise all the powers, privileges and authority conferred by NRS 277.080 to 277.180, inclusive, upon a public agency.
2. Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of NRS 277.080 to 277.170, inclusive. Such agreements shall be effective only upon ratification by appropriate ordinance, resolution or otherwise pursuant to law on the part of the governing bodies of the participating public agencies.
Sec. 2. NRS 277.180 is hereby amended to read as follows:
277.180 1. Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform. Such contract shall be ratified by appropriate official action of the governing body of each party to the contract as a condition precedent to its entry into force. Such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties.
2. The authorized purposes of agreements made pursuant to subsection 1 include but are not limited to:
(a) The joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this state.
κ1973 Statutes of Nevada, Page 1078 (CHAPTER 611, AB 914)κ
for the promotion and protection of the health and welfare of the inhabitants of this state.
(b) The joint use of county and city personnel, equipment and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks and recreational facilities, and public buildings constructed by or under the supervision of the board of county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the counties and cities.
(c) The joint employment of clerks, stenographers and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of the joint city and county office.
(d) The joint and cooperative use of fire-fighting and fire-protection equipment for the protection of property and the prevention and suppression of fire.
(e) The joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through the regulation, control and prohibition of the excessive emission of dense smoke and air pollution.
(f) The joint and cooperative use of law enforcement agencies.
3. Each public agency which has entered into an agreement pursuant to this section shall annually at the time of preparing its budget include an estimate of the expenses necessary to carry out such agreement, the funds for which are not made available through grant, gift or other source, and provide for such expense as other items are provided in its budget. Each such public agency may furnish property, personnel or services as necessary to carry out the agreement.
________
Assembly Bill No. 894Mr. Jacobsen
CHAPTER 612
AN ACT relating to the Marlette Lake water system advisory committee; providing for an additional member of such committee to be appointed by the state forester firewarden; 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 331.165 is hereby amended to read as follows:
331.165 1. The Marlette Lake water system advisory committee is hereby created to be composed of:
κ1973 Statutes of Nevada, Page 1079 (CHAPTER 612, AB 894)κ
(a) One representative appointed by the state board of fish and game commissioners.
(b) One representative appointed by the state park advisory commission.
(c) Two legislators appointed by the legislative commission.
(d) One member of the staff of the legislative counsel bureau designated by the legislative commission.
(e) One member appointed by the state forester firewarden.
2. Members of the advisory committee shall serve at the pleasure of their respective appointing authorities and shall receive necessary per diem allowances and travel expenses in the amounts specified by law.
3. The advisory committee may make recommendations to the interim finance committee, the department of administration and the governor concerning any proposed sale or lease of the Marlette Lake water system or any part thereof, but such recommendations shall not bind the interim finance committee, the department of administration or the governor.
4. The advisory committee shall assist the state department of conservation and natural resources in performing the duties imposed upon that department by NRS 331.170.
________
Assembly Bill No. 886Committee on Elections
CHAPTER 613
AN ACT relating to elections; enlarging the class of counties authorized to create the office of registrar of voters.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.164 is hereby amended to read as follows:
244.164 1. In each county having a population of [200,000] 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of county commissioners shall have the power to create the office of registrar of voters, to prescribe the qualifications, duties and compensation of such office and to make appointments to such office.
2. The registrar of voters, upon appointment as provided in subsection 1, shall assume all of the powers and duties heretofore vested in and imposed upon the county clerk of such county with respect to elections, except the duties imposed by virtue of NRS 293.393 to make out and deliver certificates of election.
________
κ1973 Statutes of Nevada, Page 1080κ
Assembly Bill No. 883Mrs. Brookman
CHAPTER 614
AN ACT relating to health and safety; increasing fee and time period limitations in any ordinance requiring physical examinations for food handlers.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.369 is hereby amended to read as follows:
244.369 1. Subject to the limitations contained in subsection 2, any board of county commissioners may by ordinance require that any food handler, as defined in NRS 446.030, submit to physical examination as a prerequisite to engaging in or continuing to engage in such occupation.
2. Any ordinance enacted pursuant to the provisions of subsection 1 shall provide that no food handler [shall be] is required to pay in excess of [$2] $4 for any or all required physical examinations in any [one 12-month] 2-year period.
________
Assembly Bill No. 864Messrs. Demers, Robinson, Wittenberg and Huff
CHAPTER 615
AN ACT relating to county, city and district finances; authorizing local governments to establish petty cash accounts; placing certain restrictions on the use of such accounts; 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 354 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The governing body of any local government may, by resolution, establish one or more petty cash accounts for any activities which such local government is authorized by law to engage in.
2. Such resolution establishing any petty cash account shall, in detail, set forth the following:
(a) The object and purpose of such account.
(b) The source of money to be used to establish and maintain such account.
(c) The method of controlling expenditures from such account.
3. Expenditures from any petty cash account shall be made for items of a minor nature only and no single expenditure shall exceed $25.
4. Payments out of any petty cash account may be made directly without prior approval of the governing body of any local government.
Sec. 2. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, and section 1 of this act may be cited as the Local Government Budget Act.
________
κ1973 Statutes of Nevada, Page 1081κ
Assembly Bill No. 861Committee on Government Affairs
CHAPTER 616
AN ACT relating to local government boundaries; requiring the filing with the Nevada tax commission of local government maps and certain annexation ordinances; 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 234.250 is hereby amended to read as follows:
234.250 1. Notwithstanding any other provision of law, each local government, as defined in NRS 354.474, shall file a copy of its official plat with:
(a) The county recorder and the county assessor of each county in which its territory or any part thereof is situated.
(b) The Nevada tax commission. [, if so requested by the commission.
The cost of providing such copy, if requested, shall be borne by the Nevada tax commission.]
2. All changes in boundaries made subsequent to the original filing and recording of such plat shall be recorded and filed immediately with the offices with which copies of the original plat were filed.
3. Until a local government complies with the requirements of subsections 1 and 2 it shall not levy or receive any ad valorem or other tax or any other mandatory assessment.
4. This section applies to all local governments receiving and expending funds on behalf of the public, regardless of their designation.
Sec. 2. NRS 268.600 is hereby amended to read as follows:
268.600 Whenever the corporate limits of any city are extended in accordance with the provisions of NRS 268.570 to 268.608, inclusive, the governing body of such city shall cause an accurate map or plat of the annexed territory, prepared under the supervision of a competent surveyor or engineer, together with a certified copy of the annexation ordinance in respect thereof, to be recorded in the office of the county recorder of the county in which such territory is situated, which recording shall be done prior to the effective date of the annexation as specified in the annexation ordinance. A duplicate copy of such map or plat and such annexation ordinance shall be filed with the Nevada tax commission.
________
κ1973 Statutes of Nevada, Page 1082κ
Assembly Bill No. 837Committee on Government Affairs
CHAPTER 617
AN ACT relating to county public improvements by special assessments without the issuance of bonds; increasing the amount which a board of county commissioners may advance from the general fund of the county or provide by short-term financing to cover the cost of public improvements; 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 244.556 is hereby amended to read as follows:
244.556 Where the cost of an improvement to be defrayed by special assessment does not exceed [$25,000,] $100,000, the board of county commissioners may advance moneys to cover the cost of such improvement from the general fund of the county, in lieu of issuing bonds.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 833Committee on Government Affairs
CHAPTER 618
AN ACT increasing the authorized amount of a county travel revolving fund.
[Approved April 25, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 245.350 is hereby amended to read as follows:
245.350 1. The board of county commissioners of any county may, by order of the board and for the purpose of providing advance moneys to county officers and employees for travel expenses and subsistence allowances, create a fund [not exceeding $1,000,] designated the county travel revolving fund [.] in amounts as follows:
(a) In counties 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 such fund shall not exceed $7,000.
(b) In counties having a population under 200,000, such fund shall not exceed $2,500.
2. The county treasurer shall deposit the moneys in the county travel revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS.
3. Notwithstanding the provisions of any other law, the county treasurer or his deputy shall sign all checks and warrants drawn upon the county travel revolving fund.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 1083κ
Assembly Bill No. 821Messrs. Demers, Jacobsen and Banner
CHAPTER 619
AN ACT relating to juries and witnesses; permitting payment of jurors in justice court cases and payment of witnesses in criminal cases in justice court; 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 6.160 is hereby amended to read as follows:
6.160 The county clerk in cases in the district court and the clerk of the justices court in justices court cases shall keep a payroll, enrolling thereon names of all jurors, the number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of a trial:
1. May give a statement of the amounts due to the jurors to the county auditor, who shall draw warrants upon the county treasurer for the payment thereof; or
2. May make an immediate cash payment, notwithstanding the provisions of NRS 354.170, of the amount owing to each juror. Such payments shall be made from and to the extent allowed by the fees collected from the demanding party, pursuant to the provisions of NRS 6.150, and from and to the extent allowed by such other fees which have been collected pursuant to law. The clerk shall take from each juror so paid a receipt signed by him and indicating the date of payment, date or dates of service and the amount paid. A duplicate of this receipt shall be immediately delivered to the appropriate county auditor, county recorder or county comptroller.
Sec. 2. NRS 50.235 is hereby amended to read as follows:
50.235 1. The county clerk in cases in the district court and the clerk of the justices court in cases in the justices court shall keep a payroll, enrolling thereon all names of witnesses in criminal cases, the number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of the trial shall forthwith give a statement of the amounts due to such witnesses, to the county auditor, who shall draw warrants upon the county treasurer for the payment thereof.
2. In criminal cases, where witnesses are subpenaed from without the county, or who, being residents of another state, voluntarily appear as witnesses, at the request of the district attorney and the board of county commissioners of the county in which the court is held, they shall be allowed their actual and necessary traveling expenses incurred by them in going to and returning from the place where the court is held, and such sum per diem, not exceeding $3, as may be fixed by the district judge, who shall certify the same to the county clerk in cases in district court, or by the justice of the peace, who shall certify the same to the clerk of the justices court in cases in the justices court, for entry upon the payroll hereinbefore required.
κ1973 Statutes of Nevada, Page 1084 (CHAPTER 619, AB 821)κ
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 794Messrs. Barengo and Vergiels
CHAPTER 620
AN ACT relating to unlawful detainer; providing that the periods of time provided by NRS 40.250 are minimal and may not be shortened by the landlord; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 40.250 is hereby amended to read as follows:
40.250 1. A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer:
[1.] (a) Possession after expiration of term. Where he continues in possession, in person or by subtenant, of the property or mobile home or any part thereof, after the expiration of the term for which it is let to him. In all cases where real property is leased for a specified term or period, or by express or implied contract, whether written or parol, the tenancy shall be terminated without notice at the expiration of such specified term or period.
[2.] (b) Possession after notice. When, having leased real property or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, after the end of any such month or period, in cases where the landlord, 15 days or more prior to the end of such month or period, shall have served notice requiring him to quit the premises at the expiration of such month or period; or, in cases of tenancy at will, where he remains in possession of such premises after the expiration of a notice of not less than 5 days.
[3.] (c) Possession after default in rent. When he continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, shall have remained uncomplied with for a period of 5 days after service thereof. Such notice may be served at any time after the rent becomes due.
[4.] (d) Assignment, sublease contrary to covenants of lease; waste; nuisance. When he assigns or sublets the leased premises contrary to the covenants of the lease, or commits or permits waste thereon, or when he sets up or carries on therein or thereon any unlawful business, or when he suffers, permits or maintains on or about the premises any nuisance, and remains in possession after service upon him of 3 days notice to quit.
[5.] (e) Possession after failure to perform conditions of lease. When he continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the property or mobile home is held, other than those hereinbefore mentioned, and after notice in writing, requiring in the alternative the performance of such condition or covenant or the surrender of the property, served upon him, and, if there be a subtenant in actual occupation of the premises, also upon such subtenant, shall remain uncomplied with for 5 days after the service thereof.
κ1973 Statutes of Nevada, Page 1085 (CHAPTER 620, AB 794)κ
neglect or failure to perform any condition or covenant of the lease or agreement under which the property or mobile home is held, other than those hereinbefore mentioned, and after notice in writing, requiring in the alternative the performance of such condition or covenant or the surrender of the property, served upon him, and, if there be a subtenant in actual occupation of the premises, also upon such subtenant, shall remain uncomplied with for 5 days after the service thereof. Within 3 days after the service, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person, interested in its continuance, may perform such condition or covenant and thereby save the lease from forfeiture; but if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice as last prescribed herein need be given.
2. The periods of time contained in subsection 1 are minimal, and any attempt by the landlord to shorten such periods by contract or otherwise is void and unlawful.
Sec. 2. NRS 40.253 is hereby amended to read as follows:
40.253 1. In addition to the remedy provided by [subsection 3] paragraph (c) of subsection 1 of NRS 40.250 and by NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling, apartment or mobile home with periodic rent reserved by the month or any shorter period, is in default in payment of such rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the fifth full day following the day of service. Such notice shall advise the tenant of his right to contest such notice by filing, within 5 days, an affidavit with the justice of the peace that he is not in default in the payment of such rent.
2. Upon noncompliance with such notice:
(a) The landlord or his agent may apply by affidavit to the justice of the peace of the township wherein the dwelling, apartment or mobile home is located. Such justice of the peace may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit provided for in this paragraph shall contain:
(1) The date the tenancy commenced.
(2) The amount of periodic rent reserved.
(3) The amounts of any cleaning or rent deposits paid in advance, in excess of the first months rent, by the tenant.
(4) The date the rental payments became delinquent.
(5) The length of time the tenant has remained in possession without paying rent.
(6) The amount of rent claimed due and delinquent.
(7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.
(8) A copy of the written notice served on the tenant.
(b) The landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.
3. No action may be taken under subsection 2 if, within 5 days after service of the notice, the tenant files an affidavit as provided in subsection 1.
κ1973 Statutes of Nevada, Page 1086 (CHAPTER 620, AB 794)κ
service of the notice, the tenant files an affidavit as provided in subsection 1. Further proceedings for the removal of the tenant shall be governed by NRS 40.290 to 40.420, inclusive.
________
Assembly Bill No. 770Mr. Jacobsen
CHAPTER 621
AN ACT relating to state printing; enlarging the function of the state printing office; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 344.050 is hereby amended to read as follows:
344.050 1. The superintendent shall not permit any other than state work to be done in the department.
2. All state officers, boards, commissions, trustees, regents and directors required or authorized by law to make reports or to publish circulars, bulletins, printed books, stationery or printed matter of any kind shall:
(a) Have the printing, reproduction and binding of such material done by the department, at the expense of their respective funds or appropriations; or
(b) Produce the reports or other published matter within their respective agencies by use of copying or duplicating machines other than printing by letterpress or the offset process.
3. The printing of official stationery, cards and other material appropriate to the official duties of members of the legislature shall be done in the department at the expense of the legislative fund.
4. Invitations, tickets of admission, programs, menus or the like for any state institution or school shall not be considered state printing, and the superintendent is directed not to accept the same [.] but he may print such material for official state functions.
5. Nothing in this chapter shall be construed to mean that the superintendent is required or expected to perform any work other than that which the type, machinery and other printing, reproduction and binding appliances in the department will permit.
________
κ1973 Statutes of Nevada, Page 1087κ
Assembly Bill No. 769Mr. Jacobsen
CHAPTER 622
AN ACT relating to state printing; broadening the power of the superintendent over similar work done and equipment used outside his department; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 344.055 is hereby amended to read as follows:
344.055 1. No state agency may purchase, lease, rent, or meter any multiple duplication equipment without the prior approval of the superintendent.
2. Before the superintendent approves such [purchase,] action, he shall first determine that such agencys need for such equipment justifies such [purchase] action and that [the purchase of such equipment] such action will not diminish the efficiency of the department. When multiple duplication equipment is declared surplus or unusable, the disposal of such equipment shall be coordinated with the superintendent.
3. The superintendent may order the transfer of all multiple duplication equipment from any agency to the department or to any other agency. He may declare any such equipment surplus and may order the disposition of such equipment in the manner provided by law.
4. Type that has been composed by the department of state printing may not be reproduced by any other state agency either by photo or electrostatic process without approval of the superintendent.
________
Assembly Bill No. 700Mr. Getto
CHAPTER 623
AN ACT relating to property taxes; clarifying provisions relating to the time and manner for redemption of property to be sold for delinquent taxes; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.585 is hereby amended to read as follows:
361.585 1. When the time allowed by law for redemption [shall have] has expired, and no redemption [shall have] has been made, the tax receiver who issued the certificate, or his successor in office, shall execute and deliver to the county treasurer a deed of the property described in each respective certificate in trust for the use and benefit of the state and county and any officers having fees due them in such cases.
2. The county treasurer and his successors in office, upon obtaining a deed of any property in trust under the provisions of this chapter, shall hold such property in trust until the same is sold pursuant to the provisions of this chapter.
κ1973 Statutes of Nevada, Page 1088 (CHAPTER 623, AB 700)κ
shall hold such property in trust until the same is sold pursuant to the provisions of this chapter.
3. Notwithstanding the provisions of NRS 361.595 or 361.603, at any time during the 90-day period specified in NRS 361.603, or prior to the public notice of sale by a county treasurer, pursuant to NRS 361.595, of any property held in trust by him by virtue of any deed made pursuant to the provisions of this chapter, any person [who was the owner, beneficiary under a deed of trust or mortgagee under a mortgage of such property, or to whom such property was assessed, or who held a contract to purchase such property, prior to being so conveyed to the county treasurer, or the successor in interest of any such person, shall have the right] or persons specified in subsection 4 is entitled to have such property reconveyed [to him] upon [paying] payment to the county treasurer of an amount equal to the taxes accrued, together with any costs, penalties and interest legally chargeable against such property. A reconveyance shall not be made after expiration of the 90-day period specified in NRS 361.603 or after commencement of posting or publication of public notice pursuant to NRS 361.595.
4. Property may be reconveyed pursuant to subsection 3 to one or more of the persons specified in the following categories, or to one or more persons within a particular category, as their interests may appear of record:
(a) The owner.
(b) The beneficiary under a deed of trust.
(c) The mortgagee under a mortgage.
(d) The person to whom the property was assessed.
(e) The person holding a contract to purchase the property prior to its conveyance to the county treasurer.
(f) The successor in interest of any person specified in this subsection.
5. The provisions of this section [shall] apply to land held in trust by a county treasurer on or after April 17, 1971.
________
Assembly Bill No. 602Mr. Getto
CHAPTER 624
AN ACT relating to authorized investments; providing that obligations issued pursuant to the Farm Credit Act of 1971 may be purchased by fiduciaries, state agencies, political subdivisions and certain organizations in the State of Nevada, subject to state regulation; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 143.185 is hereby amended to read as follows:
143.185 Executors and administrators may purchase, invest in, and dispose of farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C.
κ1973 Statutes of Nevada, Page 1089 (CHAPTER 624, AB 602)κ
banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended [.] , and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended.
Sec. 2. NRS 164.065 is hereby amended to read as follows:
164.065 Trustees and other fiduciaries may purchase, invest in, and dispose of farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended [.] , and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended.
Sec. 3. NRS 282.320 is hereby amended to read as follows:
282.320 1. The state board of finance shall:
(a) Be charged with the administration of the bond trust fund.
(b) Have full power to invest any money in or belonging to the bond trust fund in bonds or treasury certificates of the United States, obligations of the United States Postal Service or the Federal National Mortgage Association, state bonds, bonds of the counties or any incorporated municipality of the State of Nevada, farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended [.] , and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended. Whenever there is sufficient money in the bond trust fund, the state board of finance shall proceed to invest the same.
(c) Have power and authority to sell any bonds belonging to the bond trust fund as the occasion may require.
2. All premiums, together with all interest derived from investments, profits from exchange of bonds or resulting from any action of the state board of finance contemplated by NRS 282.230 to 282.350, inclusive, shall become and remain a part of the bond trust fund.
Sec. 4. NRS 355.120 is hereby amended to read as follows:
355.120 The state board of finance may invest any available moneys in the state treasury, other than those in the state permanent school fund and those in the state insurance fund, in farm mortgage loans fully insured and guaranteed by the Farmers Home Administration of the United States Department of Agriculture, farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C.
κ1973 Statutes of Nevada, Page 1090 (CHAPTER 624, AB 602)κ
in the state treasury, other than those in the state permanent school fund and those in the state insurance fund, in farm mortgage loans fully insured and guaranteed by the Farmers Home Administration of the United States Department of Agriculture, farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended [.] , and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended.
Sec. 5. NRS 355.140 is hereby amended to read as follows:
355.140 Any law of this state to the contrary notwithstanding, the following bonds and other securities, or either or any of them, are proper and lawful investments of any of the funds of this state, and of its various departments, institutions and agencies, and of the state insurance fund:
1. Bonds and certificates of the United States;
2. Bonds of federal agencies where underwritten by or payment is guaranteed by the United States;
3. Obligations of the United States Postal Service or the Federal National Mortgage Association whether or not guaranteed by the United States;
4. Bonds of this state or other states of the Union;
5. Bonds of any county of the State of Nevada or of other states;
6. Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds when such bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
7. General obligation bonds of irrigation districts and drainage districts in the State of Nevada which are liens upon the property within such districts, when the value of such property is found by the board or commission making such investments to render such bonds financially sound over and above all other obligations of such districts;
8. Bonds of school districts within the State of Nevada;
9. Bonds of any general improvement district having a population of not less than 200,000 persons and situated in two or more counties of the State of Nevada or of any other state, which bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation when such property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of such district;
10. Short-term financing for counties, cities and school districts authorized under the provisions of chapter 354 of NRS at an interest rate not to exceed 8 percent per annum;
11. Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural land in the State of Nevada of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances; and
κ1973 Statutes of Nevada, Page 1091 (CHAPTER 624, AB 602)κ
of Nevada of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances; and
12. Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended [;] , and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended;
except such funds or moneys the investment of which is governed by the provisions of the constitution of the State of Nevada, such as moneys for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts and bequests for educational purposes, fines, and from other sources, as provided for in section 3 of article XI of the constitution of this state, and except also such funds or moneys thereof as have been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof.
13. Commercial paper as it is set forth in the Uniform Commercial Code — Commercial Paper, NRS 104.3101 et seq. Eligible commercial paper may not exceed 28 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.
Sec. 6. NRS 355.170 is hereby amended to read as follows:
355.170 1. A board of county commissioners or the governing body of an incorporated city may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which shall not extend more than 10 years from the date of purchase;
(b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended [;] , and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended;
(c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase, when, in the opinion of the board of county commissioners or the governing body of the city, there are sufficient moneys in any fund or funds in such county or city, the use of which for the purpose of purchasing the type of bonds herein referred to will not result in the impairment of such fund or funds for the purposes for which the same were created.
κ1973 Statutes of Nevada, Page 1092 (CHAPTER 624, AB 602)κ
when, in the opinion of the board of county commissioners or the governing body of the city, there are sufficient moneys in any fund or funds in such county or city, the use of which for the purpose of purchasing the type of bonds herein referred to will not result in the impairment of such fund or funds for the purposes for which the same were created.
(d) Obligations of the United States Postal Service or the Federal National Mortgage Association, the maturity date of which is not more than 10 years from the date of purchase.
(e) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.
2. When the board of county commissioners or governing body of the city has determined that there are available moneys in any fund or funds for the purchase of bonds as set out in subsection 1, such purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds shall be credited to the funds in the amounts purchased, and the moneys received from the redemption of such bonds, as and when redeemed, shall go back into the fund or funds from which the purchase money was taken originally.
3. Any interest earned on funds invested pursuant to subsection 2 of this section, may, at the discretion of the board of county commissioners or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county or incorporated city.
4. The board of county commissioners or governing body of an incorporated city may invest any moneys apportioned into funds and not invested pursuant to subsection 2 of this section and any moneys not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which shall not be more than 1 year from the date of investment. Such investments shall be considered as cash for accounting purposes, and all the interest earned thereon shall be credited to the general fund of the county or incorporated city.
5. This section does not authorize the investment of moneys administered pursuant to a contract, debenture agreement or a grant in a manner not authorized by the terms of such contract, agreement or grant.
Sec. 7. NRS 662.055 is hereby amended to read as follows:
662.055 1. Notwithstanding any restrictions or limitations on investment contained in any law of this state, a bank may, without limitation, invest its funds in public securities which include:
(a) Obligations of the United States, its agencies or other obligations guaranteed by the United States Government.
(b) Obligations of the United States Postal Service, whether or not guaranteed as to principal and interest by the United States.
(c) Stock or obligations of a national mortgage association or any successor or successors thereto, including the Federal National Mortgage Association.
(d) Any bonds, general or revenue obligations or other debt obligations of any state of the United States or of any city, town, county, school district, improvement district, municipal corporation or quasi-municipal corporation of any state in the United States or other political subdivision of any such state.
κ1973 Statutes of Nevada, Page 1093 (CHAPTER 624, AB 602)κ
corporation of any state in the United States or other political subdivision of any such state.
(e) The bonds, debentures, securities or other similar obligations issued pursuant to:
(1) The Federal Farm Loan Act, as amended;
(2) The Farm Credit Act of 1933, as amended;
(3) The Federal Home Loan Bank Act of 1932, as amended;
(4) The Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended; and
(5) Any other federal act or authority, the bonds, debentures, securities or other similar obligations of which have been approved by the superintendent for investment.
2. This section is cumulative to all other laws relating to the investment of bank funds.
Sec. 8. NRS 662.075 is hereby amended to read as follows:
662.075 1. Notwithstanding any restrictions or limitations on securities for deposits of public funds contained in any law of this state, the bonds, debentures, securities or other similar obligations issued pursuant to:
(a) The Federal Farm Loan Act, as amended;
(b) The Farm Credit Act of 1933, as amended;
(c) The Federal Home Loan Bank Act of 1932, as amended; [and]
(d) The Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended; and
(e) Any other federal act or authority, the bonds, debentures, securities or other similar obligations of which have been approved by the superintendent for investment,
shall be, without limitation, authorized securities for all deposits of public funds for the State of Nevada, of agencies of the State of Nevada, of counties of the State of Nevada, and of municipalities and other political subdivisions of the State of Nevada.
2. This section is cumulative to all other laws relating to securities for deposits of such funds.
Sec. 9. NRS 673.280 is hereby amended to read as follows:
673.280 Any building and loan association or company or savings and loan association or company may invest its funds, or moneys in its custody, in the bonds of the Home Owners Loan Corporation or in the bonds of any federal home-loan bank, or in consolidated federal home-loan bank bonds, debentures or notes, or in farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and the bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended [.] , and the Farm Credit Act of 1971, 12 U.S.C.
κ1973 Statutes of Nevada, Page 1094 (CHAPTER 624, AB 602)κ
Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended.
________
Assembly Bill No. 755Miss Foote, Messrs. Capurro, Hickey, Vergiels, Barengo, May, Schofield, Banner, Smalley, Bickerstaff, Demers, Mello, Robinson, Mrs. Brookman, Messrs. Ullom, Craddock, Dreyer, Bennett, Crawford, Wittenberg, Mesdames Gojack, Ford, Messrs. Smith, Glover, Prince, Dini and Bremner
CHAPTER 625
AN ACT relating to elections; creating a presidential primary election; establishing procedures for the selection of nominees for President of the United States; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 298 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. 1. In each year when a President of the United States is to be nominated and elected, there shall be held a presidential preference primary, at which voters may express their choice for candidates for nominations for President.
2. The presidential preference primary shall be held on the 4th Tuesday in May of each presidential year.
Sec. 3. 1. Each registered voter may vote on the official presidential preference primary ballot for one person to be the candidate for nomination by his party for President of the United States.
2. The name of any candidate for a political party nomination for President of the United States shall be printed on the ballots only:
(a) If the secretary of state has determined in his sole discretion that the persons candidacy is generally advocated or recognized in national news media throughout the United States; or
(b) If a petition for nomination meeting the requirements of subsection 3 of this section is presented by members of the political party to which the candidate belongs.
3. The petition referred to in paragraph (b) of subsection 2 shall:
(a) Have attached thereto a sheet or sheets containing the signatures of a number of registered voters at least equal to 1 percent of the number of votes cast in the state for candidates of such political party for presidential electors at the last general election;
(b) Contain on each signature sheet the residence address and name or number of the precinct of each registered voter whose signature appears thereon;
(c) Have affixed to each signature sheet an affidavit by one of the signers of such sheet to the effect that all of the signatures on such sheet are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence; and
κ1973 Statutes of Nevada, Page 1095 (CHAPTER 625, AB 755)κ
(d) Be filed with the secretary of state not later than the 30th day prior to the presidential preference primary.
Sec. 4. 1. The names of candidates for political party nominations for President of the United States shall be printed on the official ballots for the presidential preference primary. There shall be a separate ballot for each political party.
2. The names of the presidential candidates shall be printed alphabetically upon the ballot of the political party whose nomination they seek.
Sec. 5. The form of presidential preference primary ballots shall be substantially as follows:
(Form of Ballot)
.................................................. Party
Presidential Preference Primary
Instructions: If you desire to vote for any candidate, stamp a cross
(X) in the square following the name of such candidate.
Presidential Candidates
(vote for one)
(Name of candidate)...................□
(Name of candidate)...................□
(Name of candidate)...................□
Sec. 6. 1. The delegate votes apportioned by the national committees or conventions of the political parties to be delegations of their respective parties from the State of Nevada shall be cast for at least two convention ballots in the following manner:
(a) Each candidate shall receive from the total number of delegate votes apportioned a number of delegate votes which is the same proportion as the number of votes he received is of the number of votes cast for all candidates of his party receiving more than 5 percent of the votes cast for that party. Such proportions of delegate votes shall be expressed as fractional votes or the nearest whole number of delegate votes as the rules of the particular national party or convention may provide.
(b) If any candidate, at any time subsequent to the presidential preference primary, releases the delegate votes apportioned to him under the formula established in paragraph (a) of this subsection, the delegate votes originally apportioned to that candidate shall be distributed to the remaining candidates who have not released the delegate votes apportioned to them according to the proportion of votes each received of the total number of votes cast for those candidates. The delegate votes apportioned to any candidate shall be deemed to be released when that candidate so notifies, in writing, the chairman of the state delegation of his party.
2. In addition to the other requirements provided by law, to qualify as a delegate or alternate delegate, any person selected by his state political party convention to attend that partys national nominating convention shall within 2 weeks of his selection file with the secretary of state a pledge to act in accordance with the provisions of sections 2 to 9, inclusive, of this act.
κ1973 Statutes of Nevada, Page 1096 (CHAPTER 625, AB 755)κ
Sec. 7. 1. Insofar as is practicable, and where the provisions of sections 2 to 9, inclusive, of this act do not specifically indicate otherwise, the presidential preference primary shall be conducted in the same manner as a state primary, but the secretary of state certifies the names of the candidates to the respective county clerks on or before the 4th Tuesday in April of each presidential year.
2. County clerks may combine and consolidate two or more precincts for the purpose of conducting this election.
Sec. 8. 1. Whenever a presidential preference primary election is held as provided by sections 2 to 9, inclusive, of this act, the State of Nevada shall assume all costs of holding such election if held alone.
2. If any other election or elections are held at the same time, the state is liable only for its prorated share of such costs. The county clerk shall determine the election costs, including the states prorated share, if applicable, and shall file a certified claim therefor which shall be examined, allowed and paid as other claims against the state are paid.
Sec. 9. The secretary of state as chief election officer may adopt such rules and regulations as are necessary to facilitate the operation, accomplishment and purpose of sections 2 to 9, inclusive, of this act.
________
Senate Bill No. 637Committee on Finance
CHAPTER 626
AN ACT setting priorities for expenditures by the board of regents of the University of Nevada from the higher education capital construction fund; making an appropriation from the general fund to such fund; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the period commencing July 1, 1973, and ending June 30, 1977, if there are available moneys in the higher education capital construction fund created pursuant to NRS 463.385, the board of regents of the University of Nevada shall cause to be constructed with such moneys and in the following order of priorities the construction projects herein specified at a cost to the higher education capital construction fund not exceeding the amounts stated:
Priority 1. Campus improvements, University of Nevada, Las Vegas, Clark County (project No. 73-U1)..................................................... $1,235,000
Priority 2. Campus improvements, University of Nevada, Reno (project No. 73-U2).......................................................................................... 660,000
Priority 3. Life science building, University of Nevada, Las Vegas, Clark County (project No. 73-U3)..................................................... 3,781,000 Priority 4.
κ1973 Statutes of Nevada, Page 1097 (CHAPTER 626, SB 637)κ
Priority 4. Clark County community college, phase II, North Las Vegas, Clark County (project No. 73-U4)..................................................... $3,079,000
Priority 5. Western Nevada community college, phase II, Reno, Nevada (project No. 73-U5).................................................................... 2,070,000
Priority 6. Library addition, University of Nevada, Reno, (project No. 73-U6) ..................................................................................... 3,075,000
Priority 7. Clark County community college, phase III, North Las Vegas, Clark County (project No. 73-U10)................................................... 3,058,500
Priority 8. Performing arts center, phase II, University of Nevada, Las Vegas (project No. 73-U7).................................................................... 3,035,000
Priority 9. Student union addition, University of Nevada, Reno (project No. 73-U8).......................................................................................... 200,000
Priority 10. Desert research institute facility, Reno, Nevada (project No. 73-U9)............................................................................................... 2,016,000
Sec. 2. All projects herein specified shall be accomplished in accordance with the provisions of chapter 341 of NRS.
Sec. 3. There is hereby appropriated from the general fund in the state treasury to the higher education capital construction fund created pursuant to NRS 463.385, the sum of $2,209,500.
Sec. 4. On and after July 1, 1977, any balance in or receipts into the higher education capital construction fund up to the sum of $2,209,500 shall be transferred to the general fund in the state treasury.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 626Committee on Commerce and Labor
CHAPTER 627
AN ACT relating to the real estate division of the department of commerce; making various changes relating to the regulation of real estate brokers and salesmen; providing a staggered licensing system for such persons; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.020 is hereby amended to read as follows:
645.020 As used in this chapter, real estate [shall include leasehold as well as any and every interest or estate in real estate,] means every interest or estate in real property including but not limited to freeholds, leaseholds and interests in condominiums or planned unit developments, whether corporeal or incorporeal, [freehold or nonfreehold,] and whether the real [estate] property is situated in this state or elsewhere.
Sec. 2. NRS 645.030 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1098 (CHAPTER 627, SB 626)κ
645.030 1. Within the meaning of this chapter, a real estate broker is any person, copartnership, association or corporation:
(a) Who for another and for a compensation, or who with the intention or expectation of receiving a compensation, sells, exchanges, options, purchases, rents, or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental, or lease of, or lists or solicits prospective purchasers, lessees or renters of, or collects or offers, attempts or agrees to collect rental for the use of, any real estate or the improvements thereon [; or] or any modular homes or housing, offered or conveyed with any interest in real estate; or
(b) Who engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property.
2. Any person, copartnership, association or corporation who, for another and for a compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands shall be deemed to be a real estate broker within the meaning of this chapter.
Sec. 3. NRS 645.037 is hereby amended to read as follows:
645.037 As used in this chapter, real estate division and division means the real estate division of the department of commerce.
Sec. 4. NRS 645.050 is hereby amended to read as follows:
645.050 1. A commission to be known as the Nevada real estate advisory commission is hereby created. The commission shall consist of five members appointed by the governor. The governor shall obtain and consider a list of nominees from the Nevada Association of Realtors.
2. The commission shall act in an advisory capacity to the real estate division, promulgate rules and regulations, approve or disapprove all applications for licenses, and conduct hearings as provided in this chapter.
3. The commission may by regulation delegate any authority conferred upon it by this chapter to the administrator to be exercised pursuant to the regulations of the commission.
Sec. 5. NRS 645.140 is hereby amended to read as follows:
645.140 1. All fees and charges received by the real estate division, except the fees for each real estate brokers examination and the fees for each real estate salesmans examination, shall be deposited in the general fund in the state treasury. The fees received by the real estate division for each real estate brokers and real estate salesmans examination shall be retained by the real estate division to pay the costs of examining the applicants, and any surplus shall be deposited in the general fund in the state treasury. Funds for the support of the real estate division shall be provided by direct legislative appropriation, and shall be paid out on claims as other claims against the state are paid.
2. Each member of the commission shall receive:
(a) A salary of not more than $25 per day, as fixed by the commission, while engaged in the business of the commission.
(b) Per diem allowance and travel expenses as provided by law.
κ1973 Statutes of Nevada, Page 1099 (CHAPTER 627, SB 626)κ
Sec. 6. NRS 645.190 is hereby amended to read as follows:
645.190 1. The real estate division may do all things necessary and convenient for carrying into effect the provisions of this chapter.
2. [The commission may, from time to time, promulgate reasonable rules and regulations for the administration of this chapter, which rules and regulations when so promulgated by the commission shall be published in printed or mimeographed form and distributed to all licensed real estate brokers and real estate salesmen and made available to the general public upon request at any office of the commission.] The commission or the administrator, with the approval of the commission, may from time to time adopt and promulgate reasonable rules and regulations for the administration of this chapter in compliance with the Nevada Administrative Procedure Act. When such rules and regulations are promulgated by the administrator, in addition to other notices required by law, he shall provide copies of such rules and regulations to the commission no less than 30 days prior to the next commission meeting. The commission shall approve, amend or disapprove any such rules or regulations at such meeting.
3. The real estate division may publish a reference manual or study guide for licensees or applicants for licenses, and may offer it for sale at a reasonable fee.
Sec. 7. NRS 645.210 is hereby amended to read as follows:
645.210 1. Whenever the real estate division believes from evidence satisfactory to it that any person has violated or is about to violate any of the provisions of this chapter, or any order, license, permit, decision, demand or requirement, or any part or provision thereof, it may bring an action, in the name of the real estate division, in the district court of the State of Nevada in and for the county wherein such person resides, or, if such person resides outside the State of Nevada, in any court of competent jurisdiction within or outside the State of Nevada, against such person to enjoin such person from continuing such violation or engaging therein or doing any act or acts in furtherance thereof.
2. [In this action] If this action is in a district court of the State of Nevada, an order or judgment may be entered awarding such preliminary or final injunction as may be proper, but no preliminary injunction or temporary restraining order shall be granted without at least 5 days notice to the opposite party.
Sec. 8. NRS 645.215 is hereby amended to read as follows:
645.215 1. If the real estate division has reason to believe that fraud, deceit or false advertising is being, has been or is to be perpetrated in connection with the proposed or completed sale, purchase, rental, lease or exchange of any vacant or unimproved land or subdivision outside the corporate limits of any city, it may investigate the circumstances of such sale, purchase, rental, lease or exchange.
2. If such investigation reveals any evidence of fraud, deceit or false advertising which has influenced or induced or may influence or induce the sale, purchase, rental, lease or exchange, the real estate division shall advise the attorney general or the district attorney of the county in which the land or subdivision is located. The district attorney or, upon the request of the administrator, the attorney general shall cause appropriate legal action to be taken to enjoin any further sale, purchase, rental, lease or exchange until the fraud, deceit or false advertising is eliminated and restitution has been made for any loss.
κ1973 Statutes of Nevada, Page 1100 (CHAPTER 627, SB 626)κ
legal action to be taken to enjoin any further sale, purchase, rental, lease or exchange until the fraud, deceit or false advertising is eliminated and restitution has been made for any loss.
3. Nothing in this section shall prevent prosecution of any person in a criminal action under the provisions of any other law.
Sec. 9. NRS 645.230 is hereby amended to read as follows:
645.230 1. After June 1, 1947, it shall be unlawful for any person, copartnership, association or corporation to engage in the business of, act in the capacity of, advertise or assume to act as, a real estate broker or real estate salesman within the State of Nevada without first obtaining a license as a real estate broker or real estate salesman from the real estate division as provided for in this chapter.
2. The real estate division may prefer a complaint for violation of this section before any court of competent jurisdiction; and the real estate division may assist in presenting the law or facts upon any trial for a violation of this section.
3. The district attorney of each county shall prosecute all violations of this section in their respective counties in which violations occur [.] , unless prosecuted by the attorney general. Upon the request of the administrator the attorney general shall prosecute any violation of this section in lieu of the district attorney.
Sec. 10. NRS 645.240 is hereby amended to read as follows:
645.240 1. The provisions of this chapter shall not apply to, and the terms real estate broker and real estate salesman as defined in NRS 645.030 and 645.040 shall not include, any person, copartnership, association or corporation who, as owner or lessor, shall perform any of the acts mentioned in NRS [645.020,] 645.030, 645.040, 645.230 and 645.260, with reference to property owned or leased by them, or to the regular employees thereof with respect to the property so owned or leased, where such acts are performed in the regular course of or as an incident to the management of such property and the investment therein. For purposes of this subsection management means activities which tend to preserve or increase the income from the property by preserving the physical desirability of the property or maintaining high standards of service to tenants. Management does not include sales activities.
2. The provisions of this chapter shall not apply to:
(a) Persons acting as attorney in fact under a duly executed power of attorney from the owner authorizing the final consummation by performance of any contract for the sale, leasing or exchange of real estate.
(b) Any bank, trust company, building and loan association, or any land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers as provided by law.
3. This chapter shall not be construed to include:
(a) In any way, the services rendered by an attorney at law in the performance of his duties as such attorney at law.
(b) While acting as such, a receiver, trustee in bankruptcy, administrator or executor, or any person doing any of the acts specified in NRS 645.030 under jurisdiction of any court.
(c) A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.
κ1973 Statutes of Nevada, Page 1101 (CHAPTER 627, SB 626)κ
(d) The purchase, sale or locating of mining claims or options thereon or interests therein.
Sec. 11. NRS 645.330 is hereby amended to read as follows:
645.330 1. Licenses shall be granted only to persons who:
(a) Bear a good reputation for honesty, truthfulness and fair dealing.
(b) Are of good moral character.
(c) Are competent to transact the business of a real estate broker or real estate salesman in such a manner as to safeguard the interests of the public.
2. An applicant must be a person whose application has not been rejected or denied, except for a failure to pass the written examination, in this or any other state within the period of 1 year prior to the application, or whose real estate license has not been revoked in this or any other state, district or territory of the United States or in any foreign country within 1 year prior to the date of application.
3. A person shall not be licensed as a real estate broker unless he has been licensed as a real estate salesman in this state, or licensed as a real estate broker or salesman in another state or the District of Columbia, for at least 2 years immediately prior to the date of examination.
Sec. 12. NRS 645.340 is hereby amended to read as follows:
645.340 1. The real estate division shall not approve the issuance of a brokers or salesmans license to any person unless such person is:
(a) [21 years of age or over;
(b) A citizen of the United States, or has filed a formal declaration of intention to become a citizen of the United States; and
(c)] Eighteen years of age or over for a salesman or 21 years of age or over for a broker; and
(b) A bona fide resident of the State of Nevada. [, as evidenced by actual physical presence in the state for a period of at least 6 months next immediately preceding the filing of the application for a license.]
2. The requirements of subsection 1 are applicable to each member of a copartnership or association and to each officer or director of a corporation who will actively engage in the real estate business.
3. Any person licensed as a real estate broker or real estate salesman within the State of Nevada at any time prior to July 1, 1949, shall be exempt from the citizenship requirements of this chapter. Nothing in this chapter shall affect the right of such noncitizen now holding a real estate brokers license or a real estate salesmans license to renewal or reinstatement of his license in accordance with the provisions of this chapter.
Sec. 13. NRS 645.390 is hereby amended to read as follows:
645.390 1. Application for a license as a real estate salesman shall be made in writing to the real estate division upon blanks prepared or furnished by the real estate division, and shall contain:
(a) Such information as is required in a brokers application.
(b) The name and address of the applicants last employer.
(c) The name and place of business of the person, firm, copartnership, association or corporation then employing the applicant, or into whose service the applicant is about to enter.
2. [The application shall be verified by the applicant and shall be accompanied by a verified written statement of the broker in whose service the applicant is about to enter:
κ1973 Statutes of Nevada, Page 1102 (CHAPTER 627, SB 626)κ
(a) Certifying that in his opinion the applicant is honest, truthful and of good reputation.
(b) Certifying that the employment of the applicant is actual and in good faith.
(c) Recommending that the license be granted to the applicant.] Upon passing the required examination and complying with all other requirements of this chapter, but prior to issuance of a license, the applicant shall provide the division with a verified statement by his prospective employing broker:
(a) Containing the name and place of business of the person, firm, copartnership, association or corporation then employing the applicant, or into whose service the applicant is about to enter.
(b) Certifying that the employment of the applicant is actual and in good faith.
(c) Recommending that the license be issued to the applicant.
Sec. 14. NRS 645.410 is hereby amended to read as follows:
645.410 Every application for a license as real estate broker or real estate salesman under the provisions of this chapter shall be accompanied by the examination fee [and original license fee] prescribed by this chapter. [In the event the real estate division does not issue the license as applied for, the license fee only shall be returned to the applicant.] The applicant shall pay the original license fee and the real estate education, research and recovery fund fee within 30 days after he is notified in writing by the division that he has passed the examination. If an applicant fails to pay the prescribed fees within 30 days of such notification, no license shall be issued to him except upon another original application, except that within 1 year of the due date a license may be issued upon payment of a fee one and one-half times the amount otherwise required for a license.
Sec. 15. NRS 645.420 is hereby amended to read as follows:
645.420 1. All applications for licenses as real estate brokers or real estate salesmen shall be acted upon by the real estate division within 30 days from the date of the written examination, as provided and scheduled in NRS 645.450, next following the filing of applications therefor. No license shall be issued by the real estate division until the application therefor has been approved by the commission.
2. If in the opinion of the real estate division additional investigation of the applicant appears necessary, the real estate division may extend the 30-day period and may make such additional investigation as it deems necessary or desirable [.] prior to acting on the applicants application.
3. The burden of proof shall in every respect be upon the applicant to establish to the satisfaction of the real estate division that he is qualified to receive a license.
4. The division shall notify each applicant in writing of his passing or failing the examination.
Sec. 16. NRS 645.450 is hereby amended to read as follows:
645.450 Examination for licenses shall be held by the real estate division at least [twice a year, on the 2nd Monday of March and September of each year.]
κ1973 Statutes of Nevada, Page 1103 (CHAPTER 627, SB 626)κ
of each year.] bimonthly, in the months of February, April, June, August, October and December.
Sec. 17. NRS 645.460 is hereby amended to read as follows:
645.460 1. In addition to the proof of honesty, truthfulness and good reputation required of any applicant for a real estate license, the real estate division shall ascertain by written examination that the applicant has an appropriate knowledge and understanding of [the following:
1. The English language, including reading, writing and spelling.
2. Arithmetic.
3. The principles of real estate conveyancing, including the general purposes and effect of deeds, mortgages, deeds of trust, land contracts of sale and leases, and of land economics and appraisals.
4. The rights and obligations of principal and agent.
5. The principles of real estate practice and the canons of business ethics pertaining thereto.
6. The provisions of this chapter and the rules and regulations promulgated thereunder.] those subjects which commonly and customarily apply to the real estate business.
2. The division may hire a professional testing organization to create, administer or score the written examination or perform all of those functions.
Sec. 18. NRS 645.590 is hereby amended to read as follows:
645.590 If any real estate broker licensed under the provisions of this chapter as a member of a copartnership or association, or as an officer of a corporation, should discontinue his connections with such copartnership, association or corporation, and thereafter desire to act as an individual real estate broker, or become associated with any other copartnership, association or corporation, the broker shall be required to file an application and pay [an original brokers] a transfer fee of $20 for a new license as an individual broker or as a member of such new copartnership or association, or as an officer of such new corporation. The payment of such fee does not extend or otherwise alter the original license period.
Sec. 19. NRS 645.700 is hereby amended to read as follows:
645.700 1. The commission, or any member thereof, shall have power to administer oaths, certify to all official acts, and to issue subpenas for attendance of witnesses and the production of books and papers.
2. In any hearing or investigation in any part of the state the process issued by the commission shall extend to all parts of the state and may be served by any person authorized to serve process of courts of record. The person serving any such process shall receive such compensation as may be allowed by the commission, not to exceed the fees prescribed by law for similar service, and such fees shall be paid in the same manner as provided in NRS 645.710 for the payment of the fees of witnesses.
Sec. 20. NRS 645.740 is hereby amended to read as follows:
645.740 1. The commission shall render a decision on any complaint before the adjournment of the next regular meeting of the commission or within 90 days from the final hearing thereon, whichever is later, and shall give immediate notice in writing of such ruling or decision to the applicant or licensee affected thereby, and where the investigation or hearing shall have been instituted by complaint filed, to the person or persons by whom the complaint was made, the notice to be given by registered or certified mail to the last-known address of the person to whom the same is sent.
κ1973 Statutes of Nevada, Page 1104 (CHAPTER 627, SB 626)κ
applicant or licensee affected thereby, and where the investigation or hearing shall have been instituted by complaint filed, to the person or persons by whom the complaint was made, the notice to be given by registered or certified mail to the last-known address of the person to whom the same is sent.
2. If such ruling shall be to the prejudice of or shall injuriously affect the licensee, the commission shall also state in the notice the date upon which the ruling or decision shall become effective, which date shall not be less than 30 days from and after the date of the notice.
3. The decision of the commission shall not [take effect until 30 days after its date, and if notice of appeal and demand for transcript are served upon the commission in accordance with the provisions of NRS 645.760, then such stay shall remain in full force and effect until decision upon appeal by the district court; but if the aggrieved party shall fail to perfect his appeal as provided in NRS 645.760, the stay shall automatically terminate.] be stayed by any appeal in accordance with the provisions of NRS 645.760, unless the district court so orders.
4. No appeal from a decision of the district court affirming the revocation or suspension of a license shall stay the order of the commission unless the district or appellate court, in its discretion and upon petition of the licensee, orders such stay, at which time the court shall also set the amount of the supersedeas.
Sec. 21. NRS 645.780 is hereby amended to read as follows:
645.780 1. All licenses issued under the provisions of this chapter prior to [July 1, 1969, shall expire on June 30, 1969, at 12 p.m.] May 1, 1973, shall expire at midnight on April 30, 1973.
2. Every license issued under the provisions of this chapter on and after July 1, [1969, shall expire at 12 p.m. on April 30 next after it is issued.] 1973, shall expire at midnight on the last day of the last month of a license period. A license period is a period of 12 consecutive months beginning on the first day of the month after a license is issued.
Sec. 22. NRS 645.790 is hereby amended to read as follows:
645.790 An original real estate brokers license referred to in this chapter is a license issued to an applicant therefor who had no such real estate brokers license unrevoked and unsuspended on [June 30, 1969,] April 30, 1973, and thereafter on April 30 of the [license] year prior to the license [year] period for which the license is issued.
Sec. 23. NRS 645.800 is hereby amended to read as follows:
645.800 A renewal real estate brokers license referred to in this chapter is a license issued to an applicant therefor who had real estate brokers license unrevoked and unsuspended on [June 30, 1969,] April 30, 1973, and thereafter on April 30 of the [license] year prior to the license [year] period for which the license is issued.
Sec. 24. NRS 645.810 is hereby amended to read as follows:
645.810 An original real estate salesmans license referred to in this chapter is a license issued to an applicant therefor who had no such real estate salesmans license unrevoked and unsuspended on [June 30, 1969,] April 30, 1973, and thereafter on April 30 of the [license] year prior to the license [year] period for which the license is issued.
Sec. 25. NRS 645.820 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1105 (CHAPTER 627, SB 626)κ
645.820 A renewal real estate salesmans license referred to in this chapter is a license issued to an applicant therefor who had a real estate salesmans license unrevoked and unsuspended on [June 30, 1969,] April 30, 1973, and thereafter on April 30 of the [license] year prior to the license [year] period for which the license is issued.
Sec. 26. NRS 645.843 is hereby amended to read as follows:
645.843 Upon issuance or renewal of every real estate brokers and real estate salesmans license, [on or before April 30, 1970, and on or before April 30 of each year thereafter,] every licensed broker and salesman [, when renewing any such license,] shall pay in addition to the original or renewal fee, a fee of $10. Such additional fee shall be paid into the state treasury and credited to the fund, and shall be used solely for the purposes provided in NRS 645.841 to 645.8494, inclusive.
Sec. 27. Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 28 and 29 of this act.
Sec. 28. The division may waive the requirements of NRS 645.370 and 645.380 by adopting and promulgating rules and regulations authorizing real estate brokers to act on their own behalf as well as on the behalf of a corporation, copartnership or association.
Sec. 29. 1. Before conducting any activity pursuant to this chapter, each nonresident licensee shall appoint in writing a licensed resident Nevada broker as his resident agent for purposes of accepting service of process. The written appointment shall contain the nonresident licensees consent for the resident agent to accept service of process on the nonresident licensees behalf, and provide that the appointment and consent are irrevocable so long as any liability remains outstanding against the nonresident licensee in this state. The appointment shall be acknowledged before an officer authorized to take acknowledgments. Every such resident agent shall, within 10 days after acceptance of and initial appointment as such, file a certificate thereof, including the resident agents name and address, in the office of the secretary of state. All legal process and any demand or notice authorized by law to be served upon the nonresident licensee may be served upon his resident agent by serving the agent personally or by leaving a true copy thereof with a person of suitable age and discretion at the address shown on the current certificate on file with the secretary of state. This manner and mode of service is in addition to any other service authorized by law.
2. Each such nonresident licensee shall keep all records, agreements and other documents pertaining to his activities within this state at the address and under the supervision of his resident agent, and maintain a properly licensed place of business at such address. The name and address of the resident agent shall also be filed with the division.
3. For purposes of this section nonresident licensee means a real estate broker or salesman licensed under the provisions of this chapter who is no longer a resident of the State of Nevada.
Sec. 30. NRS 645.650 is hereby repealed.
Sec. 31. For the purpose of establishing a system of licensing whereby real estate licenses expire on a staggered basis throughout the fiscal year, the real estate administrator may adopt and promulgate rules and regulations whereby from May 1, 1973, to April 30, 1974, renewal licenses issued under the provisions of chapter 645 of NRS may be effective for periods of from 12 months to 23 months in monthly increments.
κ1973 Statutes of Nevada, Page 1106 (CHAPTER 627, SB 626)κ
licenses issued under the provisions of chapter 645 of NRS may be effective for periods of from 12 months to 23 months in monthly increments. The fees charged for such licenses shall be based upon the fees provided for in NRS 645.830 and increased in a pro rata amount according to the number of additional months in excess of 12 for which such license is issued. When licenses issued under the provisions of this section expire, all renewal licenses issued under the provisions of chapter 645 of NRS shall be issued for a license period as provided in NRS 645.780.
Sec. 32. 1. Sections 16, 21 to 25, inclusive, and 31 of this act shall become effective upon passage and approval.
2. Section 11 of this act shall become effective on January 1, 1974.
3. The remaining sections of this act shall become effective on July 1, 1973.
________
Senate Bill No. 623Senator Monroe
CHAPTER 628
AN ACT to amend NRS 547.010, relating to agricultural districts, by creating a new district comprised of Lander County.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 547.010 is hereby amended to read as follows:
547.010 The state is divided into [13] 14 agricultural districts as follows:
Agricultural district No. 1. Carson City and the counties of Douglas and Storey shall constitute agricultural district No. 1.
Agricultural district No. 2. The county of Esmeralda shall constitute agricultural district No. 2.
Agricultural district No. 3. The county of Humboldt shall constitute agricultural district No. 3.
Agricultural district No. 4. The county of Elko shall constitute agricultural district No. 4.
Agricultural district No. 5. The county of Mineral shall constitute agricultural district No. 5.
Agricultural district No. 6. The counties of Eureka [, Lander] and Nye shall constitute agricultural district No. 6.
Agricultural district No. 7. The county of Churchill shall constitute agricultural district No. 7.
Agricultural district No. 8. The county of Clark shall constitute agricultural district No. 8.
Agricultural district No. 9. The county of Lyon shall constitute agricultural district No. 9.
Agricultural district No. 10. The county of Washoe shall constitute agricultural district No. 10.
κ1973 Statutes of Nevada, Page 1107 (CHAPTER 628, SB 623)κ
Agricultural district No. 11. The county of Pershing shall constitute agricultural district No. 11.
Agricultural district No. 12. The county of Lincoln shall constitute agricultural district No. 12.
Agricultural district No. 13. The county of White Pine shall constitute agricultural district No. 13.
Agricultural district No. 14. The county of Lander shall constitute agricultural district No. 14.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 616Committee on Health, Welfare and State Institutions
CHAPTER 629
AN ACT relating to county aid to indigents; authorizing boards of county commissioners to make cash grants to poor persons; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.220 is hereby amended to read as follows:
244.220 [No] 1. Except as provided in subsection 2, no demand upon the treasury shall be approved by the board of county commissioners or allowed by the county auditor:
[1.] (a) In favor of any person or officer in any manner indebted to the county, without first deducting the amount of such indebtedness.
[2.] (b) To any person or officer having the collection, custody or disbursement of public funds, unless his account has been duly presented, passed, approved and allowed as required by law.
[3.] (c) To any officer who shall have neglected or refused to comply with any of the provisions of this chapter or any other law regulating the duties of such officer, on being required, in writing, to comply therewith by any member of the board of county commissioners.
2. Nothing contained in subsection 1 shall be construed to prohibit the making of cash grants to poor persons authorized by NRS 428.030 prior to approval by the board of county commissioners or allowance by the county auditor.
Sec. 2. NRS 428.030 is hereby amended to read as follows:
428.030 1. When any poor person meets the uniform standards of eligibility established by the board of county commissioners and does not have relatives of sufficient ability to care for and maintain such poor person, or when such relatives refuse or neglect to care for and maintain such person, then such poor person shall receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the funds which may be lawfully appropriated pursuant to NRS 428.050 for this purpose.
κ1973 Statutes of Nevada, Page 1108 (CHAPTER 629, SB 616)κ
2. The board of county commissioners may: [either make a contract for the necessary maintenance of the poor person, or appoint such agents as the board may deem necessary to oversee and provide for the same.]
(a) Make contracts for the necessary maintenance of poor persons; or
(b) Appoint such agents as the board may deem necessary to oversee and provide the necessary maintenance of poor persons; or
(c) Authorize the payment of cash grants direct to poor persons for their necessary maintenance; or
(d) Provide for the necessary maintenance of poor persons by the exercise of the combination of one or more of the powers specified in paragraphs (a), (b) and (c) of this subsection.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 625Committee on Judiciary
CHAPTER 630
AN ACT relating to landlord-tenant relations; prohibiting the eviction of tenants by means other than those provided in chapter 40 of NRS; providing landlords with means of disposing of personal property left behind by former tenants; providing penalties; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 118 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. As used in sections 3 and 4 of this act, unless the context otherwise requires:
1. Abandoned means left unattended for a period of 30 days following the termination of a lease or the end of a rental period, provided the owner of such property had not indicated an expressed intent to return for it.
2. Exclude means to evict or to prohibit entry by locking doors or by otherwise blocking or attempting to block entry. The term also means to make a dwelling unit uninhabitable by interrupting or causing the interruption of electric, gas, water or other essential services.
3. Landlord means the owner, lessor, sublessor or his agent, of a dwelling unit or the building of which a dwelling unit is a part.
Sec. 3. 1. It is unlawful for a landlord to exclude or attempt to exclude a tenant from a dwelling unit in any manner other than that provided in NRS 40.215 to 40.420, inclusive.
2. Whoever violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 4. 1. A landlord may dispose of personal property abandoned on his premises by a former tenant without incurring civil or criminal liability.
κ1973 Statutes of Nevada, Page 1109 (CHAPTER 630, SB 625)κ
2. Prior to disposing of such property, the landlord shall make reasonable efforts to notify the tenant of the landlords intention to dispose of the property.
3. Vehicles, as defined in chapter 482 of NRS, shall be disposed of pursuant to the provisions of NRS 487.210 to 487.270, inclusive, adapted to the purposes of abandonment on private property.
Sec. 5. NRS 118.010 is hereby amended to read as follows:
118.010 [This chapter] The provisions of NRS 118.010 to 118.130, inclusive, may be cited as the Nevada Fair Housing Law.
Sec. 6. NRS 118.030 is hereby amended to read as follows:
118.030 As used in [this chapter,] NRS 118.010 to 118.130, inclusive, except where the context otherwise requires, the words defined in NRS 118.040 to 118.090, inclusive, have the meanings respectively ascribed to them in such sections.
Sec. 7. NRS 118.110 is hereby amended to read as follows:
118.110 1. The commission shall:
(a) Be legally authorized to administer the provisions of [this chapter.] NRS 118.010 to 118.130, inclusive.
(b) Make studies with respect to the nature and extent of discriminatory housing practices in communities throughout the state.
(c) Cooperate with and assist all public and private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices.
2. If, after a public hearing, the commission determines that there is evidence that discrimination has occurred and the mediation has failed, it shall file within 20 calendar days in the name of the people of the State of Nevada, through the attorney general, a petition in the district court of the county in which the alleged unfair housing practice occurred, or of any county in which a respondent resides, seeking appropriate injunctive relief against such respondent, including orders or decrees restraining and enjoining him from selling, renting or otherwise making unavailable to the complainant any dwelling with respect to which the complaint is made, pending the final determination of proceedings before the commission under [this chapter.] the provisions of NRS 118.010 to 118.130, inclusive.
3. When any complaint is filed with the commission alleging any unfair housing practice within the scope of [this chapter] the provisions of NRS 118.010 to 118.130, inclusive, and NRS 207.300, 207.310 and 645.321, or when the commission initiates its own investigation of any such practice, the commission shall:
(a) Make appropriate findings of fact;
(b) Eliminate or correct the cause of the grievance by formal methods of conference or conciliation or hold a public hearing regarding its findings, or both;
(c) Serve a copy of such findings upon any person found to have engaged in any such practice within 10 calendar days after any such finding of unfair practice is made; and
(d) If such person does not cease and desist from the unfair practice so found within 20 calendar days after service is so made, apply to the appropriate district court for an injunction against such continued unfair practice.
κ1973 Statutes of Nevada, Page 1110 (CHAPTER 630, SB 625)κ
practice. In hearing and deciding on the application for an injunction, the court may consider only evidence introduced at a hearing before the commission for the purpose of determining whether the commissions findings were arbitrary, capricious or without foundation.
4. Any person injured by an unfair housing practice falling within the scope of [this chapter] the provisions of NRS 118.010 to 118.130, inclusive, and NRS 207.300, 207.310 and 645.321, may apply directly to the district court for an order granting or restoring to such person the rights to which he is entitled under such [chapter and] sections, and the district court shall assign priority calendar settings to the case.
5. The complainant may, within 180 days thereafter, commence an action in any district court in the state to enforce the provisions of [this chapter] NRS 118.010 to 118.130, inclusive, and NRS 207.300, 207.310 and 645.321. If the court determines that such provisions have been violated by the defendant, and that the plaintiff has been injured thereby, it shall award to the plaintiff actual damages, general damages and not more than $1,000 punitive damages, together with court costs and reasonable attorney fees in the case of a prevailing plaintiff.
6. Any aggrieved person who claims to have been injured by a discriminatory housing practice or who believes that he will be irreparably injured by such a practice that is about to occur may file a complaint with the commission in such a form as the commission may require.
Sec. 8. NRS 118.130 is hereby amended to read as follows:
118.130 All provisions of chapter 233 of NRS not inconsistent with the provisions of NRS 118.010 to 118.120, inclusive, apply to the commission in the performance of functions prescribed by [this chapter.] the provisions of NRS 118.010 to 118.130, inclusive.
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Senate Bill No. 618Committee on Transportation
CHAPTER 631
AN ACT relating to towing and storing of vehicles; permitting the owner or other authorized person to remove vehicles from private property; providing for notice; providing certain conditions; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 487 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The owner or person in lawful possession of any real property may, after giving notice as provided in subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the public service commission of Nevada to remove any vehicle parked in an unauthorized manner on such property to the nearest public garage or storage yard if:
κ1973 Statutes of Nevada, Page 1111 (CHAPTER 631, SB 618)κ
(a) A sign is displayed in plain view on the property declaring public parking to be prohibited or restricted in a certain manner; and
(b) Such sign shows the telephone number of the police department or sheriffs office.
2. Oral notice shall be given to the police department or sheriffs office whichever is appropriate, indicating:
(a) The time the vehicle was removed;
(b) The location from which the vehicle was removed; and
(c) The location to which the vehicle was taken.
3. All costs incurred, under the provisions of this section, for towing and storage shall be borne by the owner of the vehicle, as that term is defined in NRS 484.091.
4. The provisions of this section do not limit or affect any rights or remedies which the owner or person in lawful possession of such real property may have by virtue of other provisions of the law authorizing the removal of a vehicle parked on such property.
Sec. 2. NRS 108.270 is hereby amended to read as follows:
108.270 Subject to the provisions of NRS 108.315, any person or persons, company or corporations engaged in the business of buying or selling automobiles or airplanes, or keeping a garage or airport, or place for the storage, maintenance, keeping or repair of motor vehicles or airplanes, motorcycles, motor or airplane equipment, or trailers, or keeping a trailer park for rental of parking space for trailers, and who in connection therewith stores, maintains, keeps or repairs any motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, or furnishes accessories, facilities, services or supplies therefor, at the request or with the consent of the owner or its or his representatives, or at the direction of any peace officer or other authorized person who orders the towing or storage of any vehicle through any action permitted by law, has a lien upon such motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, or any part or parts thereof for the sum due for such towing, storing, maintaining, keeping or repairing of such motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, or for labor furnished thereon, or for furnishing accessories, facilities, services or supplies therefor, and for all costs incurred in enforcing such lien, and may, without process of law, detain such motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer at any time it is lawfully in his possession until such sum is paid.
Sec. 3. NRS 487.010 is hereby amended to read as follows:
487.010 1. [Whenever any vehicle subject to registration under the laws of this state, or any other state or country, has been stored in a garage or parked in a trailer park or parking area for 30 days or if the keeper of the garage, trailer park or parking area knows or can ascertain the ownership but has reason to believe that such vehicle is stolen, abandoned or secreted he shall immediately report the presence and license plate number of such vehicle by registered or certified mail, return receipt requested, to:
(a) The sheriff of the county in which such vehicle is garaged or parked; or
κ1973 Statutes of Nevada, Page 1112 (CHAPTER 631, SB 618)κ
(b) If such vehicle is garaged or parked in an incorporated city, the chief of police of the city; and
(c) The department of motor vehicles.
2. If after investigation the sheriff or chief of police determines that such vehicle is stolen, abandoned or secreted, he shall report such fact to the department of motor vehicles which shall immediately:] Every keeper of a garage, parking area or trailer park who provides storage for vehicles subject to registration under the laws of this state shall report the presence of stored vehicles to the persons set forth in subsection 3 as follows:
(a) If there is reason to believe that the vehicle is stolen, abandoned or secreted, within 24 hours of such storage.
(b) If there is reason to believe that the vehicle has been stored without the knowledge or consent of the registered owner, within 5 days of such storage.
(c) In any event within 30 days of such storage even though notice may have previously been given under the provisions of paragraphs (a) and (b).
2. The notice shall be made on forms provided by the department of motor vehicles and shall include the vehicle registration plate number, the vehicle identification number and such other information as may be available which will aid in identifying the registered and the legal owner of the vehicle.
3. Notice shall be made in person or by mail to:
(a) The sheriff of the county in which the vehicle is stored; or
(b) If the vehicle is stored in an incorporated city, the chief of police of the city; and
(c) The department of motor vehicles.
4. The notice required by this section shall be made only to the department of motor vehicles if the vehicle has been stored at the direction of either the sheriff of the county or, in the case of an incorporated city, the chief of police of the city in which the vehicle is stored.
5. Immediately upon receipt of the notice the department shall:
(a) If the vehicle is registered in this state, notify the legal owner and any holder of a security interest who appears of record.
(b) If the vehicle is registered in another state, request from the appropriate agency of that state the name and address of the legal owner and holder of a security interest. If such names and addresses are obtained, the department of motor vehicles shall notify each of such persons. The department of motor vehicles may utilize local law enforcement agencies of the State of Nevada to obtain the necessary information.
[3. Failure to comply with the provisions of subsection 1 renders any lien for storage in excess of 30 days void.]
6. Failure to comply with the provisions of subsections 1 to 3, inclusive, renders any lien for storage beyond 24 hours, 5 days or 30 days, respectively, void.
Sec. 4. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 1113κ
Senate Bill No. 622Committee on Federal, State and Local Governments
CHAPTER 632
AN ACT authorizing boards of county commissioners to lease property held in trust by the county treasurer by virtue of any deed made pursuant to the provisions of chapter 361 of NRS for the purpose of exploration for and production of oil, gas or other hydrocarbon substances, or geothermal resources; providing the procedure for making such leases; providing for terms of leases and compensation therefor; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto the provision set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Any property held in trust by any county treasurer by virtue of any deed made pursuant to the provisions of this chapter may be leased by the county for the purpose of exploration for and production of oil, gas or other hydrocarbon substances, or geothermal resources in the manner prescribed in sections 3 and 4 of this act.
Sec. 3. 1. When the board of county commissioners determines that the lease of any property referred to in section 2 of this act will be to the advantage of the county, the board may grant leases thereon on such terms and conditions as it sees fit to the highest responsible bidder by competitive bidding, under regulations promulgated in advance, on the basis of a cash bonus as the sole biddable factor.
2. Before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution shall:
(a) Describe the property proposed to be leased in such manner as to identify it.
(b) Specify the annual rental, royalty, term of the lease and the other terms upon which it will be leased, including a cash consideration which shall be the sole biddable factor to be included in all bids submitted. All sealed bids shall be accompanied by a deposit not less than 20 percent of the amount bid. Such deposit shall be by cashiers check, certified check, United States currency, or a United States money order. The resolution shall also specify that oral bids will be received after all sealed bids have been opened, examined and declared. In the event an oral bid is the highest bid, the bidder thereof shall in like manner immediately deposit not less than 20 percent of the amount bid.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed bids to lease will be received and considered.
3. Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by:
(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
(b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.
κ1973 Statutes of Nevada, Page 1114 (CHAPTER 632, SB 622)κ
4. At the time and place fixed in the resolution for the meeting of the board, all sealed bids which have been received shall be opened, examined and declared by the board.
5. After all sealed bids have been opened, examined and declared, the board shall at the same session call for oral bids. The first such oral bid must exceed by at least 5 percent the highest sealed bid. Any subsequent oral bid or bids must exceed the amount of the next preceding oral bid.
6. The highest bid (sealed or oral) made by a responsible party shall be accepted, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, but if the board deems such action to be for the best public interest, it may reject any and all bids, either written or oral, and withdraw the property from lease.
7. Any resolution of acceptance of any bid made by the board shall authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith. The provisions of NRS 244.320 shall not apply concerning the resolution of acceptance and the execution of a lease under the provisions of this section.
8. All moneys received from the leases of such property shall be deposited forthwith with the county treasurer to be credited to the county general fund.
Sec. 4. A lease may be for a fixed period, and so long thereafter as minerals, oil, gas or other hydrocarbon substances or geothermal resources are produced in paying quantities from the property leased or mining or drilling operations are conducted thereon, and, if the lease provides for the payment of a shut-in royalty, so long as such royalty is paid, and, if the land covered by the lease is included in an agreement with lessees, operators or owners of other lands for cooperative development or unit operation of a larger area including the leased lands, so long as oil, gas or other hydrocarbon substances or geothermal resources are produced in paying quantities from any of the lands included in any such agreement or drilling operations are conducted thereon.
Sec. 5. Geothermal resource means:
1. All products of geothermal processes, embracing indigenous steam, hot water and hot brines;
2. Steam and other gases, hot water and hot brines resulting from water, gas or other fluids artificially introduced into subsurface formations;
3. Heat or other associated energy found beneath the surface of the earth; and
4. Byproducts of any of the items enumerated in subsections 1 to 3, inclusive, such as minerals (exclusive of oil or hydrocarbon gas that can be separately produced) which are found in solution or association with or derived from any of such items.
Sec. 6. NRS 361.010 is hereby amended to read as follows:
361.010 When used in this chapter, the words and terms defined in NRS 361.015 to 361.040, inclusive, and section 5 of this act shall have the meanings set forth in NRS 361.015 to 361.040, inclusive, and section 5 of this act and no other meanings.
κ1973 Statutes of Nevada, Page 1115 (CHAPTER 632, SB 622)κ
the meanings set forth in NRS 361.015 to 361.040, inclusive, and section 5 of this act and no other meanings.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 607Committee on Commerce and Labor
CHAPTER 633
AN ACT relating to employment in the entertainment industry; providing that producer-promoters doing business in this state shall obtain a permit from, and post a bond with, the labor commissioner; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 608 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. As used in sections 3 and 4 of this act, unless the context otherwise requires:
1. Production means a stage or screen production or a radio or television program using actors, musicians, dancers or any other artists and including the technical personnel used to create and produce it.
2. Producer-promoter means a person, firm, association or corporation which supervises or finances a production or which attempts to organize a production.
Sec. 3. 1. Except as provided in subsection 4, any producer-promoter intending to do business in this state shall obtain a permit from the labor commissioner.
2. An application for the permit required by subsection 1 shall contain information concerning:
(a) The applicants name and permanent address;
(b) The financing for the production;
(c) The type of production intended by the applicant, the number of artists and technical personnel required for the production and where the applicant intends to exhibit the production; and
(d) Such other information as the labor commissioner may require by regulation for the protection of persons associated with the entertainment industry.
3. The commissioner may by regulation require a reasonable fee for processing an application.
4. The provisions of this section do not apply to any producer-promoter who produces proof to the commission that he:
(a) Has been in the business of a producer-promoter in this state for the 5-year period immediately preceding the filing of the application and has had no successful wage claim filed with the labor commissioner during such period; or
κ1973 Statutes of Nevada, Page 1116 (CHAPTER 633, SB 607)κ
(b) Has sufficient tangible assets in this state which, if executed upon, would equal the amount of bond required.
Sec. 4. Any producer-promoter required by section 3 of this act to obtain a permit from the labor commissioner shall, before being granted any such permit, post a bond with the labor commissioner in the amount of at least twice the average weekly wages to be paid by such applicant to persons to be employed in such production. Such bond shall be conditioned on the payment of any wages due any artists or technical personnel upon the cessation of such production or upon the subrogation of another for the liabilities of such producer-promoter, if such subrogation is satisfactory to the labor commissioner.
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Assembly Bill No. 765Messrs. Bremner, Fry, Broadbent, Mrs. Brookman and Mr. Robinson
CHAPTER 634
AN ACT relating to miscellaneous crimes; prohibiting the unauthorized posting of land; and providing a penalty.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for any person to post such land within the meaning of subsection 2 of NRS 207.200 unless he has:
(a) Obtained written authorization from the owner or occupant of the land, or any building thereon, to do so unless he is the owner or occupant.
(b) Placed the name and address of the owner or occupant on each sign.
2. Any person violating any of the provisions of subsection 1 is guilty of a misdemeanor.
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Senate Bill No. 617Committee on Legislative Functions
CHAPTER 635
AN ACT relating to the legislative fund; deleting provisions relating to other funds; providing for uniform reference to single legislative fund; providing for certain expenditures from such fund; and providing other matters properly relating thereto.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a continuing fund in the state treasury for the use of the legislature, and where specifically authorized by law, for the use of the legislative counsel bureau.
κ1973 Statutes of Nevada, Page 1117 (CHAPTER 635, SB 617)κ
fund in the state treasury for the use of the legislature, and where specifically authorized by law, for the use of the legislative counsel bureau.
2. Support for the legislative fund shall be provided by legislative appropriation from the general fund.
3. [Except as provided in subsection 4, expenditures] Expenditures from the legislative fund shall be made [only:
(a) For the purpose of carrying out the provisions of NRS 218.090 to 218.230, inclusive, 218.235, 218.237, 218.2383, 218.2387, 218.260, 218.280 to 218.520, inclusive, 218.647, 218.650, 218.685, 218.697, and section 33 of article 4 of the constitution of the State of Nevada.
(b) For the purchase of necessary supplies, furniture, artwork and equipment.
(c) For the payment of routine operating expenses of the legislature.] for:
(a) The payment of necessary operating expenses of the senate;
(b) The payment of necessary operating expenses of the assembly;
(c) The payment of necessary operating expenses of but not limited to:
(1) The legislative commission;
(2) The legal division;
(3) The research division;
(4) The fiscal and auditing division; and
(5) The statute revision operation,
of the legislative counsel bureau.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 of this section shall be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. All moneys in the legislative fund shall be paid out on claims approved by the director of the legislative counsel bureau or his designee as other claims against the state are paid.
Sec. 2. NRS 218.640 is hereby amended to read as follows:
218.640 Funds to carry out the functions of the legislative counsel bureau shall be provided by legislative appropriation from the general fund [,] to the legislative fund, and shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the director of the legislative counsel bureau or his designee before they are paid.
Sec. 3. NRS 218.645 is hereby amended to read as follows:
218.645 The legislative commission may fix reasonable fees for the sale of studies, audit reports, bulletins and miscellaneous materials of the legislative counsel bureau, and such fees shall be deposited in the legislative [council bureau printing and binding] fund in the state treasury.
Sec. 4. NRS 218.646 is hereby amended to read as follows:
218.646 With the approval of the legislative commission, the legislative counsel may compile and publish manuals or handbooks containing selected portions of Nevada Revised Statutes. Such manuals and handbooks shall be sold at a price fixed by the legislative commission and all moneys received from the sale of such publications shall be deposited in the legislative [counsel bureau printing and binding] fund in the state treasury.
κ1973 Statutes of Nevada, Page 1118 (CHAPTER 635, SB 617)κ
Sec. 5. NRS 218.682 is hereby amended to read as follows:
218.682 The legislative commission may:
1. Carry forward the participation of the State of Nevada as a member of the Council of State Governments and may pay annual dues to such organization out of the [fund of the legislative counsel bureau.] legislative fund. The legislative commission is designated as Nevadas commission on interstate cooperation.
2. Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government, and with local units of government.
3. Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of such delegations and committees shall be designated by the members of the legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of such delegations and committees shall serve without salary, but they shall receive out of the [fund of the legislative counsel bureau] legislative fund the per diem expense allowance and travel expenses as provided by law.
4. Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information, and any other suitable process.
5. Establish such subcommittees and interim or special committees as official agencies of the legislative counsel bureau as may be deemed advisable to deal with governmental problems, important issues of public policy and questions of statewide interest. The membership of such subcommittees and interim or special committees shall be designated by the members of the legislative commission and may consist of members of the legislative commission and legislators other than members of the commission, employees of the State of Nevada or citizens of the State of Nevada. Members of such subcommittees and interim or special committees who are not legislators shall serve without salary, but they shall receive out of the [fund of the legislative counsel bureau] legislative fund the per diem expense allowances and travel expenses as provided by law. Except as provided in NRS 218.680, members of such subcommittees and interim or special committees who are legislators shall receive out of the [fund of the legislative counsel bureau] legislative fund a salary of $25 a day for each days attendance and the per diem expense allowances and travel expenses as provided by law.
6. Supervise the functions assigned to the divisions of the bureau in this chapter.
Sec. 6. NRS 219.020 is hereby amended to read as follows:
219.020 1. The commissioners shall be the legislative counsel and two attorneys licensed to practice law in the State of Nevada appointed by the legislative commission.
κ1973 Statutes of Nevada, Page 1119 (CHAPTER 635, SB 617)κ
two attorneys licensed to practice law in the State of Nevada appointed by the legislative commission. The legislative commission shall appoint attorneys who are members of the legislature to fill the two appointive positions if attorneys are available in the legislature to fill such positions.
2. The National Conference of Commissioners on Uniform State Laws is hereby declared to be a joint governmental agency of this state.
3. It shall be a function of the commissioners on uniform state laws to carry forward the participation of the State of Nevada in the National Conference of Commissioners on Uniform State Laws. Annual dues shall be paid to that organization out of the [fund of the legislative counsel bureau.] legislative fund.
Sec. 7. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the legislative counsel is authorized and directed to have the same printed, lithoprinted or reproduced by any other process by the department of state printing. The legislative commission shall determine the number of copies which shall be printed or reproduced of each page of:
(a) Each volume of Nevada Revised Statutes;
(b) Each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision; and
(c) Each volume of the digest of cases decided by the Nevada supreme court.
2. Upon completion of the final printing or other reproduction the separate volumes shall be bound as required in this chapter and retained by the legislative counsel for safekeeping and disposition. The legislative counsel shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the legislative [counsel bureau printing and binding] fund.
3. A master copy of Nevada Revised Statutes shall be kept in the office of the legislative counsel, and the master copy shall not be removed from the office except in the custody of the legislative counsel.
Sec. 8. NRS 220.140 is hereby amended to read as follows:
220.140 The legislative counsel bureau shall reimburse the superintendent of the department of state printing for the cost of printing or reproduction required by this chapter from the legislative [counsel bureau printing and binding] fund or from legislative appropriations made for that purpose.
Sec. 9. NRS 220.150 is hereby amended to read as follows:
220.150 [1. The legislative counsel bureau printing and binding fund is hereby created in the state treasury and is composed of:
(a) Any unexpended balances of the legislative appropriations made for the support of the legislative counsel bureau which shall not revert to the general fund at the end of any fiscal year, but shall be placed to the credit of the legislative counsel bureau printing and binding fund.
(b) Direct legislative appropriations to such fund.
(c) Moneys received pursuant to the provisions of NRS 218.645, 218.646, 220.130, 220.155 and 220.160.
κ1973 Statutes of Nevada, Page 1120 (CHAPTER 635, SB 617)κ
2.] Moneys in the legislative [counsel bureau printing and binding] fund may be expended for:
[(a)] 1. Payment of the costs of printing, reproduction, binding and mailing of Nevada Revised Statutes, supplements thereto, annotations and digest and supplements thereto and other publications authorized by the legislative commission.
[(b)] 2. The purchase and maintenance of necessary equipment and the purchase of supplies connected with such publications.
[(c)] 3. The payment of salaries, payroll costs and contract services of personnel directly connected with such publications.
Sec. 10. NRS 220.155 is hereby amended to read as follows:
220.155 The legislative commission may accept gifts, grants and bequests of moneys from any public or private source, which moneys shall be deposited in the legislative [counsel bureau printing and binding] fund and used for the purposes of NRS 220.150.
Sec. 11. NRS 220.160 is hereby amended to read as follows:
220.160 1. Upon the completion of Nevada Revised Statutes and the annotations and digests the legislative counsel is authorized and directed to prepare and have printed or reproduced such replacement and supplementary pages for such laws, annotations and digests as may, from time to time, be necessary. In any event, the legislative counsel shall prepare replacement and supplementary pages made necessary by the sessions of the legislature as soon as possible after each session.
2. The intent of this section is that Nevada Revised Statutes shall be kept current insofar as may be possible. To that end, the provisions of this chapter and, in particular, NRS 220.120 shall be applicable to the preparation and printing or reproduction of such replacement and supplementary pages.
3. Prices shall be set by the legislative commission as near as possible to the cost of preparing, printing and reproduction. All moneys received from the sale of such replacement and supplementary pages shall be deposited to the credit of the legislative [counsel bureau printing and binding] fund.
Sec. 12. All moneys on deposit in the legislative counsel bureau printing and binding fund on July 1, 1973, shall be transferred forthwith by the state treasurer to the legislative fund.
Sec. 13. Section 5 of this act shall become effective at 12:01 a.m. on July 1, 1973.
________