[Rev. 2/28/2019 11:52:53 AM]
κ1973 Statutes of Nevada, Page 1121κ
Assembly Bill No. 406Messrs. Glover, Smalley, Dreyer, May and Wittenberg
CHAPTER 636
AN ACT relating to crimes against property; prohibiting the unauthorized reproduction, manufacture, distribution or sale of recorded material; providing a penalty; 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 205 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Unless exempt under subsection 3, it is unlawful for any person, firm, partnership, corporation or association knowingly to:
(a) Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded onto any other phonograph record, disc, wire, tape, film or article; or
(b) Sell, distribute, circulate, offer for sale, distribution or circulation, possess for the purpose of sale, distribution or circulation, or cause to be sold, distributed, circulated, offered for sale, distribution or circulation, or possessed for sale, distribution or circulation, any article or device on which sounds have been transferred without the consent of the person who owns the master phonograph record, master disc, master tape or other device or article from which the sounds are derived.
2. It is unlawful for any person, firm, partnership, corporation or association to sell, distribute, circulate, offer for sale, distribution or circulation or possess for the purposes of sale, distribution or circulation, any phonograph record, disc, wire, tape, film or other article on which sounds have been transferred unless such phonograph record, disc, wire, tape, film or other article bears the actual name and address of the transferor of the sounds in a prominent place on its outside face or package.
3. This section does not apply to any person who transfers or causes to be transferred any such sounds intended for or in connection with radio or television broadcast transmission or related uses, for archival purposes or solely for the personal use of the person transferring or causing the transfer and without any compensation being derived by the person from the transfer.
4. Every person who violates the provisions of this section is guilty of a felony and:
(a) For the first offense is punishable by a fine of not more than $5,000 or by imprisonment in the state prison for not less than 1 nor more than 6 years, or by both fine and imprisonment.
(b) For a subsequent offense is punishable by a fine of not more than $5,000 or by imprisonment in the state prison for not less than 1 nor more than 10 years, or by both fine and imprisonment.
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κ1973 Statutes of Nevada, Page 1122κ
Senate Bill No. 595Committee on Legislative Functions
CHAPTER 637
AN ACT relating to the preparation of legislative measures; providing for the drafting of a limited number of measures on a priority basis for each legislator and executive agency; providing for the establishment of relative priorities by the requesters; 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 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.260, inclusive.
2. Upon request, the legislative counsel shall advise any state agency or department as to the preparation of measures to be submitted to the legislature.
3. Upon request, the legislative counsel shall aid and assist any member of the legislature as to bills, resolutions and measures, drafting them into proper form, and furnishing to the member the fullest information upon all matters within the scope of the duties of the legislative counsel. When any legislator has requested the drafting of more than ten bills or resolutions for any session, the legislative counsel shall request him to designate the ten to which he assigns the highest priority, and the legislative counsel shall insofar as possible complete the drafting of the ten bills or resolutions so designated by each legislator, or the entire number if fewer than ten have been requested, before he proceeds with further drafting for a legislator whose requests are more than ten. The legislative counsel shall repeat the process of first drafting ten designated bills or resolutions for each legislator, if so many have been requested, until all bills and resolutions requested by legislators have been drafted.
4. The legislative counsel and the legal division of the legislative counsel bureau shall not oppose or urge legislation, nor except as provided in subsection [5] 6 shall they reveal to any person outside thereof the contents or nature of any matter which has not become a public record, except with the consent of the person bringing such matter before them.
[4.] 5. The legislative counsel shall give consideration to and service concerning any measure before the legislature and which is in any way requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
[5.] 6. The legislative counsel may deliver to the superintendent of the department of state printing and request that he print or preset the type for printing a legislative measure prior to its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 2. NRS 218.245 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1123 (CHAPTER 637, SB 595)κ
218.245 1. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government [, with the exception of the governor, for introduction at any] prior to a regular session of the legislature unless:
(a) The request is [received prior to November 1] approved by the governor or a designated member of his staff and transmitted to the legislative counsel before September 1 preceding the convening of the session; or
(b) The request is made by a member of the legislature. [or the governor.]
After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.
2. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon the written request of a member of the legislature or the governor.
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Senate Bill No. 564Senator Foley
CHAPTER 638
AN ACT to amend NRS 482.368, relating to registration of publicly owned motor vehicles, by permitting certain motor vehicles to be unmarked; 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 482.368 is hereby amended to read as follows:
482.368 1. [The] Except as provided in subsection 2, the department shall provide suitable distinguishing plates [, to be issued once every 5 years, except as provided in subsection 2,] for exempt vehicles. [owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town, school district or irrigation district in the state, which] Such plates shall be provided at cost and shall be displayed on such vehicles in the same manner as provided for privately owned vehicles.
2. License plates furnished for: [such]
(a) Such automobiles as are maintained for and used by the governor or under the authority and direction of the state board of parole commissioners, the state contractors board and auditors, the state fire marshal, the investigation and narcotics division of the department of law enforcement assistance [and investigators of the state gaming control board and the attorney general, and one] and any authorized federal or out-of-state law enforcement agency;
κ1973 Statutes of Nevada, Page 1124 (CHAPTER 638, SB 564)κ
(b) One automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center; and
(c) Automobiles maintained for and used by investigators of the following:
(1) The state gaming control board;
(2) The division of brand inspection of the state department of agriculture;
(3) The attorney general;
(4) Duly appointed city or county juvenile officers;
(5) District attorney offices;
(6) Sheriff offices; and
(7) Police departments in the state.
shall not bear any distinguishing mark which would serve to identify such automobiles as [state-owned] owned by the state, county or city. [vehicles.] Notwithstanding the provisions of subsection 1, such license plates shall be issued annually [.] for $5.50 per set.
3. Applications for such licenses shall be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling such vehicles, and no plate or plates shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except such automobiles as are [maintained for and used by the governor or by or under the authority and direction of the state board of parole commissioners, the state contractors board and auditors, the state fire marshal, the investigation and narcotics division of the department of law enforcement assistance, and investigators of the state gaming control board, and the attorney general, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center.] enumerated in subsection 2.
4. For the purposes of this section, exempt vehicle means a vehicle owned by the State of Nevada or any of its political subdivisions.
Sec. 2. This act shall become effective at 12:02 a.m. on July 1, 1973.
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κ1973 Statutes of Nevada, Page 1125κ
Senate Bill No. 530Senator Foley
CHAPTER 639
AN ACT relating to legislative measures; authorizing the prefiling of legislative bills and resolutions, the assignment of numbers, their printing and distribution and payment of the cost thereof; 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 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. On and after November 15 of each year in which a general election is held, members of the next succeeding regular session of the legislature who have received their certificates of election and holdover members of the senate are authorized to prefile legislative bills and resolutions with the legislative counsel for introduction in the next succeeding regular session of the legislature.
2. Such bills and resolutions shall be in such final and correct form for introduction in the legislature as required by the constitution and this chapter.
Sec. 3. 1. The legislative counsel shall, upon receipt of bills and resolutions for prefiling, number the bills and resolutions consecutively in the same manner as during regular sessions of the legislature and shall be responsible for the safekeeping of such bills and resolutions.
2. After a bill or resolution has been properly numbered the legislative counsel shall deliver a copy to the superintendent of the department of state printing and it shall be printed in the same manner as during regular sessions of the legislature. The bill or resolution shall contain the introducers name, the date of the convening of the next succeeding regular session of the legislature and the standing committee to which the introducer proposes to refer the prefiled bill, except that any bill for an appropriation other than for the immediate expense of the legislature shall bear a date 10 days after the convening of the session.
3. The number of copies to be printed shall be determined by the legislative counsel, and the expenses of printing and mailing shall be paid from the legislative fund.
4. Unless authorized by the introducer, the legislative counsel shall not release copies of a prefiled bill or resolution to other members of the legislature or to the public.
Sec. 4. Immediately upon the convening of the next succeeding regular session of the legislature the legislative counsel shall deliver all prefiled bills and resolutions to the persons who requested such bills or resolutions.
Sec. 5. NRS 218.280 is hereby amended to read as follows:
218.280 [All] Except as provided in sections 2 to 4, inclusive, of this act, all bills and resolutions shall be introduced in triplicate; and one copy of each bill or resolution shall be marked original, one shall be marked duplicate, and one shall be marked triplicate. The copy marked duplicate shall be sent to the superintendent of the department of state printing for the purpose of printing, and the copy marked triplicate shall be referred to the legislative counsel.
κ1973 Statutes of Nevada, Page 1126 (CHAPTER 639, SB 530)κ
marked duplicate shall be sent to the superintendent of the department of state printing for the purpose of printing, and the copy marked triplicate shall be referred to the legislative counsel.
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Senate Bill No. 509Senator Walker
CHAPTER 640
AN ACT relating to education; creating the Nevada Indian advisory committee for Indian education; 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 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires:
1. Committee means the Nevada Indian advisory committee for Indian education; and
2. Indian education means the instruction given to Indian students attending public schools in the State of Nevada.
Sec. 3. The Nevada Indian advisory committee for Indian education is hereby created for the purposes of advising, coordinating and organizing Indian education programs in this state.
Sec. 4. 1. Committee members shall be appointed by the governor.
2. The committee shall be composed of:
(a) Five representatives from tribal Indian education committees appointed from a list submitted to the governor from the tribal chairman of each council;
(b) Two representatives of the state department of education;
(c) One representative of the boards of school trustees of the school districts of this state; and
(d) One representative of the University of Nevada System.
3. The representatives of the tribal Indian education committees shall be appointed to 2-year terms. All other members shall be appointed to terms of 1 year.
4. A quorum of the committee consists of a majority of the members.
5. The committee shall hold at least four meetings each year.
Sec. 5. No committee member may receive a salary, but for each days attendance at each meeting of the committee, a member is entitled to the per diem expense allowance and travel expenses provided by law.
Sec. 6. 1. The committee may use state department of education office space, facilities and equipment to carry out its duties.
2. The expenditures by the committee shall be limited to moneys, not to exceed $4,000, available to the state department of education from federal appropriations to the Johnson-OMalley fund.
κ1973 Statutes of Nevada, Page 1127 (CHAPTER 640, SB 509)κ
Sec. 7. The committee shall:
1. Advise the tribal councils and the Indian education committees concerning problems of Indian education;
2. Assist in coordinating programs of Indian education in the public schools;
3. Review information on current programs concerning Indian education in other states and make such information available to Indian education programs in this state; and
4. Assembly and review information concerning resource materials and instructional aids for the improvement of the education of Indian students attending public schools and universities in Nevada.
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Assembly Bill No. 946Committee on Commerce
CHAPTER 641
AN ACT relating to accountants; requiring a program of continuing education for accountants; consolidating certain grievance committees; exempting certain accountants from licensing as life insurance analysts; 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 628 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The legislature finds that:
1. The explosion of knowledge and the increasing complexity of practice make it essential that certified public accountants and public accountants continue to develop their competence.
2. The public interest requires that certified public accountants and public accountants provide competent service in all areas of their practice.
3. Formal programs of continuing education provide certified public accountants and public accountants with the opportunity to maintain and improve their competence.
4. It is in the public interest to require that certified public accountants and public accountants who have certificates and who have been registered, respectively, under the provisions of this chapter comply with continuing education requirements adopted by the board as a prerequisite to the issuance or renewal of permits to engage in the practice of public accounting pursuant to NRS 628.380 on and after December 31, 1974.
Sec. 3. 1. The board may by regulation prescribe, amend or repeal rules including but not limited to:
(a) A definition of basic requirements for continuing education;
(b) A delineation of qualifying programs; and
(c) A system of control and reporting.
κ1973 Statutes of Nevada, Page 1128 (CHAPTER 641, AB 946)κ
2. In exercising its power under this section, the board shall establish standards which will assure reasonable currency of knowledge as a basis for a high standard of practice by certified public accountants and public accountants. The standards shall be established in a manner to assure that a variety of alternatives are available to certificate holders and registrants to comply with the continuing education requirements for renewal of permits and taking cognizance of specialized areas of practice.
Sec. 4. The board may, in accordance with the intent of this chapter, make exceptions from continuing education requirements for certificate holders or registrants not engaged in public practice, or for reasons of health, military service or other good cause, except that if such certificate holder or registrant returns to the practice of public accounting he shall meet such continuing education requirements as the board may determine.
Sec. 5. The board may appoint a continuing education committee consisting of certified public accountants and public accountants in active practice and holding a valid permit. Upon assignment and as directed by the board, the committee shall assist the board in the administration of the continuing education provisions of this chapter.
Sec. 6. NRS 628.100 is hereby amended to read as follows:
628.100 A majority of the board shall constitute a quorum for the transaction of business. [, but for the purposes of NRS 628.190 to 628.310, inclusive, the board means only those members of the board who are certified public accountants.]
Sec. 7. NRS 628.170 is hereby amended to read as follows:
628.170 1. The board shall appoint [a certified public accountants grievance committee consisting of three members. Each member shall be a certified public accountant having the qualifications set forth in NRS 628.190 to 628.310, inclusive. Appointments shall be made for terms of 3 years, and after April 21, 1971, as the term of office of each member expires, the board shall appoint successor members for terms to commence April 1. The Nevada Society of Certified Public Accountants shall submit the names of three persons for each committee position and the board shall appoint one of the three. Should the Nevada Society of Certified Public Accountants fail within 30 days to submit nominations for the committee position, then the board may make appointments without nominations. If a vacancy occurs in the committee, or a member is absent from the state for a period of 6 months without permission from the board, the board shall appoint a person duly qualified under this chapter to fill the unexpired term.
2. The board shall remove from the grievance committee any member whose permit to practice has become void, or has been revoked or suspended, and may, after a hearing, remove any member of the grievance committee for neglect of duty or other just cause.
3.] a grievance committee consisting of one or more certified public accountants having the qualifications set forth in NRS 628.190 to 628.310, inclusively, and one or more public accountants, having the qualifications set forth in NRS 628.350.
2. The grievance committee shall work as a standing committee or through subcommittees and with such additional members as the board may determine are required from time to time to perform the assigned work of the committee.
κ1973 Statutes of Nevada, Page 1129 (CHAPTER 641, AB 946)κ
may determine are required from time to time to perform the assigned work of the committee. The board in its discretion may determine:
(a) The total number of members, their terms or special assignments;
(b) The number of certified public accountants and the number of public accountants which constitute the committee; and
(c) Whether or not a member is appointed to the standing committee, to a subcommittee or to a special assignment.
3. Each member of the grievance committee shall hold a valid permit and be actively engaged in the practice of public accounting in this state. The board shall remove from the grievance committee any member whose permit to practice is void or has been revoked or suspended. The board may remove any member of the grievance committee for neglect of duty or other just cause.
4. Each member of the [certified public accountants] grievance committee may be compensated for each day or portion thereof spent in the discharge of his official duties while in attendance at regularly called meetings of the board, not to exceed $100 per day, and shall be reimbursed for his actual and necessary expenses incurred in the discharge of his official duties.
[4.] 5. The majority of the committee shall constitute a quorum for the performance of any function herein provided.
[5.] 6. The committee may adopt and amend from time to time regulations for the orderly conduct of its affairs.
[6. The committee shall make investigations respecting the conduct of certified public accountants who may have been guilty of violations for which, if guilty thereof, the board might suspend or revoke their certificates, registrations or permits, and shall investigate applications of such accountants for reinstatement. If the committee is of the opinion that disciplinary action is warranted, it shall so recommend to the board. The board shall then proceed as provided in NRS 628.410.]
7. Upon assignment by the board the committee shall:
(a) Make investigations respecting the conduct of certified public accountants and registered public accountants who may have been guilty of violations for which the board might suspend or revoke their certificates, registrations or permits, and investigate applications of such accountants for reinstatement. The committee shall make recommendations and forward its report to the board for action and the board may then proceed as provided in NRS 628.410.
(b) Make investigations and recommendations as provided by NRS 628.350.
(c) Make any other investigations relating to any matter involving any violation or alleged violation of this chapter or relating to the boards administration or enforcement of this chapter.
Sec. 8. NRS 628.350 is hereby amended to read as follows:
628.350 1. Any person who:
(a) Is a resident of this state, or has a place of business therein; and
(b) Has attained the age of 21 years; and
(c) Is of good moral character; and
(d) Meets the requirements of subparagraphs (1) or (2) of this paragraph (d), may register with the board as a public accountant on or before September 1, 1960:
κ1973 Statutes of Nevada, Page 1130 (CHAPTER 641, AB 946)κ
may register with the board as a public accountant on or before September 1, 1960:
(1) Persons who held themselves out to the public as public accountants and who were engaged as principals (as distinguished from employees) within this state on April 1, 1960, in the practice of public accounting as their principal occupation.
(2) Persons serving in the Armed Forces of the United States on April 1, 1960, who immediately prior to entering such service held themselves out to the public as public accountants and were engaged as principals (as distinguished from employees) within this state in the practice of public accounting as their principal occupation. In the case of any such person, the time for registration shall be extended for a period of 6 months from the time such person is separated from active duty with such service.
2. The board shall charge a fee, not to exceed $50, for registration hereunder.
3. The board shall in each case determine whether the applicant is eligible for registration. Any individual who is so registered and who holds a permit issued under NRS 628.380 shall be styled and known as a public accountant.
4. After the initial registration of public accountants as provided in this section, a license as a public accountant shall be issued upon application for a period beginning as of April 1, 1960, and ending 3 years from April 1, 1960, to any person who:
(a) Has attained the age of 21 years, is of good moral character, is at the time a bona fide resident of the State of Nevada, and is a citizen of the United States or has declared his intention of becoming such a citizen; and
(b) Has not been convicted of a violation of any of the provisions of this chapter; and
(c) Has met the requirements to take the examination provided in NRS 628.190; and
(d) Has attained a grade of 75 percent or more in any two of the subjects given in the examination provided in NRS 628.190.
5. [After the passage of 3 years from April 1, 1960, a license as a public accountant shall be issued only to persons who have met the requirements to take the examination provided under NRS 628.190 and have passed the examination as provided in such section.] After May 1, 1973, a license as a public accountant shall be issued only to persons who have met the requirements of NRS 628.190.
Sec. 9. NRS 628.380 is hereby amended to read as follows:
628.380 1. Permits to engage in the practice of public accounting in this state shall be issued by the board to holders of the certificate of certified public accountant issued under NRS 628.190 to 628.310, inclusive, and to persons, partnerships or corporations registered under NRS 628.330, 628.340, 628.350 and 628.360, provided all offices of such certificate holder or registrant are maintained and registered as required under NRS 628.370 [.] , and further provided the certificate holder or registrant has complied with the continuing education requirements provided in this chapter and in the boards rules and regulations.
κ1973 Statutes of Nevada, Page 1131 (CHAPTER 641, AB 946)κ
2. There shall be an annual permit fee in an amount to be determined, from time to time, by the board, not to exceed [$25.] $100.
3. All permits shall expire on December 31 of each year and may be renewed annually for a period of 1 year by certificate holders and registrants in good standing upon payment of an annual renewal fee of not to exceed [$25.] $100, and upon a showing that the certificate holder or registrant has complied with the continuing education requirements provided in this chapter and the boards rules and regulations.
4. Failure of a certificate holder or registrant to apply for such annual permit to practice within:
(a) Three years from the expiration date of the permit to practice last obtained or renewed; or
(b) Three years from the date upon which the certificate holder or registrant was granted his certificate or registration, if no permit was ever issued to him,
shall deprive him of the right to such permit, unless the board, in its discretion, determines such failure to have been due to excusable neglect. In such case the renewal fee or the fee for the issuance of the original permit, as the case may be, shall be such amount as the board shall, from time to time, determine, but not in excess of [$150.] $450.
Sec. 10. NRS 683B.010 is hereby amended to read as follows:
683B.010 1. As used in this code, life insurance analyst is any person who as an independent contractor, for a fee or compensation other than from a life insurer, in any manner advises, or offers or purports to advise, any person actually or prospectively insured or named or to be named as beneficiary or having or to have an interest under any life insurance or annuity contract, existing or proposed, relative to his interests or rights under such contract.
2. Subsection 1 does not apply to:
(a) An attorney while licensed to practice and actively practicing law in this state;
(b) An officer or employee of a bank or trust company located in this state, compensated solely by salary by such bank or company for the offering or giving of advice referred to in subsection 1, incidental to other lawful services performed for the employer bank or trust company;
(c) An actuary, and as such a member or associate of the American Academy of Actuaries;
(d) Any individual compensated solely by salary by his employer, who offers or gives such advice to his employer or employees of his employer, or to members of his employer labor union or employer association and if the employer receives no remuneration for such offering or advice;
(e) The commissioner or employee of the division who gives such advice incidental to the discharge of his duties as such employee and who is compensated therefor solely by his salary as such employee;
(f) A life insurance agent, licensed as such by this state; [or]
(g) A life insurance broker, licensed as such by this state [.] ; or
(h) A certified public accountant or a public accountant holding a valid permit to practice in this state.
κ1973 Statutes of Nevada, Page 1132 (CHAPTER 641, AB 946)κ
Sec. 11. NRS 628.180 is hereby repealed.
Sec. 12. This act shall become effective on May 1, 1973.
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Senate Bill No. 195Senator Monroe
CHAPTER 642
AN ACT requiring the labeling of commercial feed for livestock to show net weight, ingredients and analysis; providing a penalty; making an appropriation; 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 587 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 2 to 4, inclusive, of this act:
1. Commercial feed means all materials except seed, whole or processed, which are distributed for use as feed or for mixing in feed intended for livestock except that the executive director of the state department of agriculture by regulation may exempt from this definition or from specific provisions of sections 3 and 4 of this act commodities such as hay, straw, stover, silage, cobs, husk, hull and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed or mixed with other materials.
2. Contract feeder means a person who as an independent contractor feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished or otherwise provided to such person and whereby such persons remuneration is determined in whole or in part by feed consumption, mortality, profits, or amount or quality of product.
3. Customer-formula feed means commercial feed which consists of a mixture of commercial feeds or feed ingredients or both, each batch of which is manufactured according to the specific instructions of the final purchaser.
4. Livestock means:
(a) All cattle or animals of the bovine species.
(b) All horses, mules, burros and asses or animals of the equine species.
(c) All swine or animals of the porcine species.
(d) All goats or animals of the caprine species.
(e) All poultry or domesticated fowl or birds.
(f) All rabbits of the genus oryctolagus.
(g) All sheep or animals of the ovine species.
Sec. 3. The executive director of the state department of agriculture may promulgate such rules and regulations for commercial feed for livestock as are necessary for the efficient enforcement of section 4 of this act. Regulations shall include but are not limited to:
κ1973 Statutes of Nevada, Page 1133 (CHAPTER 642, SB 195)κ
1. Methods of labeling;
2. Descriptions or statements of the ingredients or the effects thereof;
3. Directions for use for all feed containing drugs; and
4. Warning or caution statements necessary for the safe and effective use of the commercial feed.
Sec. 4. 1. It is unlawful to sell, offer to sale or distribute in this state any commercial feed for livestock unless each container in which it is marketed bears a descriptive label or tax stating:
(a) The net weight of the commercial feed;
(b) The commonly recognized or official name of each ingredient used in its manufacture; and
(c) The guaranteed analysis of crude protein, crude fat, crude fiber and, except as otherwise provided in subsection 2, of minerals and vitamins.
2. Minerals need not be guaranteed if mineral elements are less than 6 1/2 percent and no claim is made on the label. Vitamins need not be guaranteed if the commercial feed is neither formulated nor represented in any manner as a vitamin supplement.
3. Each delivery of commercial feed for livestock in bulk shall be accompanied by an invoice or delivery slip containing the information required by subsection 1, except that in the case of repeated bulk deliveries of the same ingredients, only the first invoice or delivery slip is required to contain this information.
4. This section does not apply to customer-formula feeds or to contract feeders.
Sec. 5. There is hereby appropriated from the general fund in the state treasury to the department of agriculture to be used by the division of plant industry for the purpose of administering sections 2 to 4, inclusive, of this act.
1. For the fiscal year 1973-74, the sum of $5,000.
2. For the fiscal year 1974-75, the sum of $5,000.
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Assembly Bill No. 890Mr. Jacobsen
CHAPTER 643
AN ACT relating to water companies; providing that political subdivisions operating companies and companies not regulated by the public service commission of Nevada may obtain certain services from such commission; providing for inspection of the books of such water companies by the board of county commissioners and the public service commission; 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 709 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Any political subdivision of the State of Nevada which operates or controls a water company, or the board of county commissioners of any county from which a franchise has been obtained, pursuant to NRS 709.050 to 709.170, inclusive, by a water company exempt from regulation by the public service commission of Nevada, may contract with the public service commission for rate determination assistance, engineering services, or financing advice concerning such water company.
κ1973 Statutes of Nevada, Page 1134 (CHAPTER 643, AB 890)κ
operates or controls a water company, or the board of county commissioners of any county from which a franchise has been obtained, pursuant to NRS 709.050 to 709.170, inclusive, by a water company exempt from regulation by the public service commission of Nevada, may contract with the public service commission for rate determination assistance, engineering services, or financing advice concerning such water company.
2. Any such contract does not divest a political subdivision or a board of county commissioners of any of its jurisdiction over such water company.
3. The public service commission may charge a reasonable fee for such services.
Sec. 3. Any water company exempt from regulation by the public service commission of Nevada and franchised pursuant to NRS 709.050 to 709.170, inclusive, shall, upon request by the board of county commissioners of the county from which such water company obtained its franchise, produce its books and records for inspection by such board of county commissioners, or the public service commission.
________
Assembly Bill No. 843Committee on Government Affairs
CHAPTER 644
AN ACT relating to the charter of the City of North Las Vegas; submitting to the registered voters of the city at the 1973 municipal election a question to determine the borrowing power provisions of the city charter; 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. At the 1973 general municipal election held in the City of North Las Vegas a question shall be placed upon the ballot to enable the registered voters of the city to determine whether section 7.040 of Article VII of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1226, shall be amended to read as set forth in section 2 of this act, designated alternative A, or as set forth in section 3 of this act, designated alternative B.
Sec. 2. Alternative A shall read as follows:
Alternative A:
Section 7.040 Borrowing money. [The city council may borrow money in accordance with the Local Government Securities Law, as amended from time to time.]
1. Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities.
κ1973 Statutes of Nevada, Page 1135 (CHAPTER 644, AB 843)κ
The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued under section 6.020.
2. The city council shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, and except for securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.
3. Any property tax levied to pay the principal of or interest on such indebtedness authorized under subsection 2 shall be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive, as amended from time to time.
4. Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.
Sec. 3. Alternative B shall read as follows:
Alternative B:
Section 7.040 Borrowing money. [The city council may borrow money in accordance with the Local Government Securities Law, as amended from time to time.]
1. Subject to the limitations imposed by this article and pursuant to the procedures set forth in this section, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued under section 6.020. Except as provided in subsection 4, this section does not apply to short-term financing as defined by chapter 354 of NRS or to securities issued under section 6.020.
2. The city council, in its discretion, may submit any proposal to borrow money, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time, or it may proceed in the manner set forth in subsection 5.
3. Any property tax levied to pay the principal of or interest on any indebtedness authorized under this section shall be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive, as amended from time to time.
4. Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.
5. The city council may issue a proclamation, which shall set forth briefly:
κ1973 Statutes of Nevada, Page 1136 (CHAPTER 644, AB 843)κ
(a) The public improvements proposed to be acquired, established or constructed;
(b) The estimated cost thereof as shown by the report provided by the council and mayor, or an engineer or party theretofore appointed by the city council for that purpose;
(c) The proposed bonded indebtedness to be incurred therefor;
(d) The terms, amount, rate of interest and time within which redeemable and on what fund.
Such proclamation shall be published in full at least once a week for 4 consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which the council will pass an ordinance providing for the bond issue. At the first regular meeting of the city council, or any adjournment thereof, after the completion of the publication, the city council shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting the question to a vote of the electors of the city. If a petition is presented to the city council signed by not less than 5 percent of the registered voters of the city, as shown by the last preceding registration list and representing not less than 5 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (corporate signatures by authorized officers shall be accepted in estimating such 5 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then no such ordinance shall be enacted except pursuant to a special election conducted in the manner prescribed by NRS 350.010 to 350.070, inclusive, and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid if passed by the city council in the absence of the filing of a petition and election, or if such petition is filed and election had, then if passed by the city council pursuant to a majority vote in favor of such ordinance. The petition for an election referred to in this section may be filed with the city council at any time prior to the date of meeting set in the published note.
Sec. 4. The city council of the City of North Las Vegas shall cause the question required by sections 1 to 3, inclusive, of this act to be clearly summarized, set forth and explained upon the ballot, including the complete and correct wording of the proposed provisions for section 7.040 of the city charter. The ballots and ballot labels shall clearly provide a method by which the voter may indicate his preference for alternative A or alternative B.
Sec. 5. In the event the provisions of section 2 of this act receives a majority of the votes cast upon the question of its approval at the general municipal election, section 7.040 of Article VII of the charter of the City of North Las Vegas is hereby amended to read in accordance with the provisions of section 2 of this act. In the event the provisions of section 3 of this act receives a majority of the votes cast upon the question of its approval at the general municipal election, section 7.040 of Article VII of the charter of the City of North Las Vegas is hereby amended to read in accordance with the provisions of section 3 of this act.
Sec. 6. 1. If section 13 of Assembly Bill 8 of the 57th session of the Nevada legislature becomes effective, the language of section 7.040 of the charter of the City of North Las Vegas, as approved by the registered voters of the city pursuant to this act, shall become effective 1 minute after the effective date of such section 13.
κ1973 Statutes of Nevada, Page 1137 (CHAPTER 644, AB 843)κ
Nevada legislature becomes effective, the language of section 7.040 of the charter of the City of North Las Vegas, as approved by the registered voters of the city pursuant to this act, shall become effective 1 minute after the effective date of such section 13.
2. If section 13 of Assembly Bill 8 of the 57th session of the Nevada legislature never becomes effective, the language of section 7.040 of the charter of the City of North Las Vegas, as approved by the registered voters of the city pursuant to this act, shall become effective at 12:01 a.m. on July 1, 1973.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 776Mr. Hayes
CHAPTER 645
AN ACT relating to public health; permitting local boards of health under certain conditions to adopt fee schedules for health permits and licenses obtained therefrom; 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 439.360 is hereby amended to read as follows:
439.360 The county board of health shall have the power:
1. To abate nuisances in accordance with law.
2. To establish and maintain an isolation hospital or quarantine station when necessary.
3. To restrain, quarantine and disinfect any person sick with or exposed to any contagious or infectious disease, dangerous to the public health.
4. To appoint quarantine officers when necessary to enforce quarantine, and shall provide whatever medicines, disinfectants and provisions which may be required, and shall arrange for the payment of all debts or charges so incurred from any funds available; but each patient shall, if able, pay for his food, medicine, clothes and medical attendance.
5. Subject to the prior review and approval of the county commission, to adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from such board pursuant to state law or ordinance adopted by any political subdivision. Such fees shall be for the sole purpose of defraying the costs and expenses of the licensing and permit procedures and investigations related thereto and not for general revenue purposes.
Sec. 2. NRS 439.470 is hereby amended to read as follows:
439.470 The city board of health shall have the power:
1. To abate nuisances in accordance with law.
2. To establish a temporary isolation hospital or quarantine station when emergency demands.
κ1973 Statutes of Nevada, Page 1138 (CHAPTER 645, AB 776)κ
3. To restrain, quarantine and disinfect any person sick with or exposed to any contagious or infectious disease, dangerous to the public health.
4. To appoint quarantine officers when necessary to enforce quarantine, and shall provide whatever medicines, disinfectants and provisions which may be required, and the city council shall pay all debts or charges so incurred; but each patient shall, if able, pay for his food, medicine, clothes and medical attendance.
5. Subject to the prior review and approval of the governing body of the city, to adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from such board pursuant to state law or ordinance adopted by any political subdivision. Such fees shall be for the sole purpose of defraying the costs and expenses of the licensing and permit procedures and investigations related thereto and not for general revenue purposes.
________
Assembly Bill No. 834Committee on Government Affairs
CHAPTER 646
AN ACT relating to the education of visually or aurally handicapped persons; transferring certain duties and costs of boards of county commissioners to boards of trustees of school districts; 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 395.030 is hereby amended to read as follows:
395.030 1. A parent, relative, guardian or nearest friend of a visually or aurally handicapped person qualified to receive the benefits provided by this chapter may file an application for benefits under oath with the board of [county commissioners of the county] trustees of a county school district wherein the visually or aurally handicapped person is a resident. The application shall set forth:
(a) That by reason of visual or aural handicap, the visually or aurally handicapped person is disqualified from being taught by the ordinary process of instruction or education; and
(b) That such parent, relative, guardian or nearest friend is unable to pay for such support, education and instruction in an institution for the visually or aurally handicapped.
2. If the board of [county commissioners] trustees is satisfied that the statements contained in the application are true, the board shall approve and transmit the application to the superintendent of public instruction, recommending that the visually or aurally handicapped person receive the benefits provided by this chapter.
Sec. 2. NRS 395.050 is hereby amended to read as follows:
395.050 1. When arrangements for the education and care of the visually or aurally handicapped person have been completed by the superintendent of public instruction, he shall advise the board of [county commissioners] trustees of the county school district to make provision, at the expense of the [county,] school district, for transporting the visually or aurally handicapped person to a place designated by the superintendent of public instruction.
κ1973 Statutes of Nevada, Page 1139 (CHAPTER 646, AB 834)κ
visually or aurally handicapped person have been completed by the superintendent of public instruction, he shall advise the board of [county commissioners] trustees of the county school district to make provision, at the expense of the [county,] school district, for transporting the visually or aurally handicapped person to a place designated by the superintendent of public instruction. The superintendent of public instruction shall make necessary arrangements for transporting the visually or aurally handicapped person from such designated place to the institution, foster home or other residential facility at the expense of the state.
2. The cost and expenses of maintenance of the visually or aurally handicapped person shall be paid by the state.
________
Assembly Bill No. 915Committee on Government Affairs
CHAPTER 647
AN ACT relating to county employee merit personnel systems; requiring boards of county commissioners of counties having a population between 100,000 and 200,000 to establish a merit personnel system for county employees; 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 245.065 is hereby amended to read as follows:
245.065 1. When an employee of a county other than a department head, county manager or county administrator who has been employed by the county for 12 or more months is dismissed from employment he may request within 15 days of the date of dismissal a written statement specifically setting forth the reasons for such dismissal. Within 15 days of the date of such request he shall be furnished such a written statement. Within 30 days after receipt of such written statement, the dismissed employee may, in writing, request a public hearing before the board of county commissioners to determine the reasonableness of such action. The board of county commissioners shall grant the dismissed employee a public hearing within 15 days after receipt of the written request. At the public hearing, technical rules of evidence shall not apply.
2. Boards of county commissioners are authorized to enact ordinances necessary to make effective the purposes of this section.
3. The provisions of this section do not apply in counties 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.
Sec. 2. NRS 245.213 is hereby amended to read as follows:
245.213 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 establish a merit personnel system for all employees of the county except those exempted under the provisions of NRS 245.213 to 245.216, inclusive.
κ1973 Statutes of Nevada, Page 1140 (CHAPTER 647, AB 915)κ
board of county commissioners shall establish a merit personnel system for all employees of the county except those exempted under the provisions of NRS 245.213 to 245.216, inclusive.
Sec. 3. NRS 245.216 is hereby amended to read as follows:
245.216 There shall be exempted from the provisions of NRS 245.213 to 245.215, inclusive:
1. All department heads appointed and elected and the county administrator or county manager of the county.
2. A number of employees in each department excluding the department head as designated by the department head, which shall not exceed 3 percent of the permanently established positions as authorized by the board of county commissioners.
3. All persons holding temporary or provisional appointments, the duration of which does not exceed 6 months.
________
Senate Bill No. 566Committee on Commerce and Labor
CHAPTER 648
AN ACT relating to buildings; adopting the National Electrical Code for all construction in the state; 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 278 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. After January 1, 1974, any construction, alteration or change in the use of a building or other structure in this state is to be in compliance with the latest edition of the National Electrical Code as adopted by the National Fire Protection Association.
2. Any city or county within the state may adopt such modifications of the code as are deemed reasonably necessary, if such modifications do not reduce the standards established in the code.
________
κ1973 Statutes of Nevada, Page 1141κ
Senate Bill No. 454Committee on Health, Welfare and State Institutions
CHAPTER 649
AN ACT relating to emergency medical services; providing for issuance of licenses and certificates to ambulance and air ambulance attendants; requiring permits for ambulance and air ambulance services; 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. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 34, inclusive, of this act.
Sec. 2. This chapter may be cited as the Emergency Medical Services 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 have the meanings ascribed to them in such sections.
Sec. 4. Air ambulance means an aircraft especially designed, constructed, modified or equipped to be used for the transportation of injured or sick persons. Air ambulance does not include any commercial aircraft carrying passengers on regularly scheduled flights.
Sec. 5. Ambulance means a motor vehicle designed and used primarily for the transportation of injured or sick persons, including dual purpose law enforcement vehicles and funeral hearses which otherwise come under the provisions of this chapter. Ambulance does not include a vehicle designed primarily for rescue operations and which does not ordinarily transport persons upon the streets or highways.
Sec. 6. Attendant means a person responsible for the care of a sick or injured person in an ambulance or air ambulance, and includes the driver of an ambulance but not the pilot of an air ambulance.
Sec. 7. Board means the state board of health.
Sec. 8. Emergency medical technician certificate means the certificate issued by the health division acknowledging successful completion of an emergency medical technician course approved by such division.
Sec. 9. Health division means the health division of the department of health, welfare and rehabilitation.
Sec. 10. License means the license issued by the health division to an ambulance attendant or an air ambulance attendant.
Sec. 11. Permit means the permit issued by the health division to a person, firm, corporation, state agency or political subdivision to provide ambulance service or air ambulance service in the State of Nevada.
Sec. 12. Volunteer attendant means a person who does not receive the majority of his annual employment income from employment as an attendant, and who is not employed by a commercial ambulance firm or corporation.
Sec. 13. The board shall establish and promulgate such rules, regulations, standards and procedures as it determines are necessary to administer the provisions of this chapter.
κ1973 Statutes of Nevada, Page 1142 (CHAPTER 649, SB 454)κ
Sec. 14. The board shall adopt regulations establishing reasonable minimum standards for:
1. Qualifications and training for attendants;
2. Sanitation requirements for ambulances and air ambulances;
3. Medical and nonmedical equipment and supplies to be carried in ambulances and air ambulances;
4. Permits for operation of ambulance services and air ambulance services; and
5. Records to be maintained by all ambulance services and air ambulance services.
Sec. 15. 1. In adopting regulations under sections 13 and 14 of this act, the board may use standards and regulations proposed by:
(a) The committee on trauma of the American College of Surgeons;
(b) The United States Department of Transportation;
(c) The United States Public Health Service;
(d) The Bureau of Health Insurance of the Social Security Administration;
(e) The American Academy of Orthopaedic Surgeons;
(f) The National Academy of Sciences — National Research Council;
(g) The American Heart Association; and
(h) Regional, state and local emergency medical services committees and councils.
2. The board may establish different standards for commercial, volunteer, industrial and other categories of ambulance services and attendants to reflect different circumstances and in the public interest.
Sec. 16. 1. The health division shall administer and enforce the provisions of this chapter and the rules, regulations, standards and procedures of the board established under the provisions of this chapter.
2. The health division and its duly authorized agents may enter upon and inspect, in a reasonable manner and during reasonable business hours, the premises and ambulances or air ambulances of persons, firms, corporations, state agencies and political subdivisions providing ambulance service or air ambulance service in this state.
Sec. 17. 1. The health division may issue licenses to attendants.
2. Each such license shall be evidenced by a card issued to the license holder.
3. The health division shall charge no fee for a license.
4. Each such license shall be valid for a period not to exceed 3 years, and is renewable.
5. To obtain a license under the provisions of this chapter prior to July 1, 1978, an attendant shall file with the health division:
(a) A current, valid certificate evidencing his successful completion of a training program or course in advanced first aid equivalent to the programs or courses in advanced first aid offered by:
(1) The American Red Cross;
(2) The United States Bureau of Mines;
(3) The Armed Forces of the United States (to medical corpsmen); or
(4) Any other rescue or emergency first aid organization recognized by the board.
κ1973 Statutes of Nevada, Page 1143 (CHAPTER 649, SB 454)κ
(b) A signed statement showing his:
(1) Name and address;
(2) Employers name and address; and
(3) Job description.
(c) Such other certificates for training and such other items as the board may specify.
6. To obtain a license after July 1, 1978:
(a) A volunteer attendant shall file with the health division, in addition to the items specified in subsection 5, a certificate demonstrating successful completion of a minimum of 16 hours of training in addition to advanced first aid, as required by the regulations of the board of health.
(b) An attendant who is not a volunteer shall file with the health division, in addition to the items specified in subsection 5, a current, valid emergency medical technician certificate.
7. The board shall establish such rules, regulations and procedures as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.
8. Each ambulance service and air ambulance service shall annually file with the health division a complete list of licensed attendants of such service.
9. Licensed physicians, osteopaths and nurses may serve as attendants without being licensed as ambulance attendants.
Sec. 18. Unlicensed relatives of a sick or injured patient and other persons may ride in an ambulance if there are two licensed attendants in the ambulance, except as otherwise provided pursuant to the provisions of this chapter.
Sec. 19. 1. Any person desiring certification as an emergency medical technician shall apply to the health division using forms prescribed by the health division.
2. The health division shall charge no fee for an emergency medical technician certificate.
3. The health division, under rules, regulations and procedures adopted by the board, shall make a determination of the applicants qualifications as an emergency medical technician, and shall issue an emergency medical technician certificate to each qualified applicant.
4. An emergency medical technician certificate shall be valid for a period not exceeding 2 years and may be renewed if the holder meets the qualifications set forth in the rules, regulations and standards established by the board pursuant to this chapter.
5. The health division may suspend or revoke an emergency medical technician certificate if, after reasonable notice and opportunity for a hearing, it is determined that the holder no longer meets the prescribed qualifications. The holder has the right of appeal to the board, subject to judicial review as provided in chapter 233B of NRS.
6. The board shall determine the procedures and techniques which may be performed by an emergency medical technician and by those who qualify to give advanced emergency care pursuant to the provisions of subsection 7.
7. The board shall determine training and other requirements for the delivery of advanced emergency care, including but not limited to defibrillation and administration of parenteral injections.
κ1973 Statutes of Nevada, Page 1144 (CHAPTER 649, SB 454)κ
delivery of advanced emergency care, including but not limited to defibrillation and administration of parenteral injections. No attendant shall give, and no ambulance service shall offer, such advanced emergency care without fulfilling the requirements established by the board.
Sec. 20. 1. The health division may, at its discretion, issue:
(a) A provisional license; or
(b) An emergency medical technician certificate,
to an individual who does not meet the qualifications established pursuant to this chapter, if the health division determines that such issuance will be in the public interest.
2. A provisional license or provisional emergency medical technician certificate shall not be valid for more than 1 year from the date of issuance. A provisional license is renewable.
Sec. 21. 1. The health division may issue permits for the operation of ambulance service and air ambulance service.
2. Each permit shall be evidenced by a card issued to the permitholder.
3. No permit shall be issued unless the applicant is qualified under rules and regulations of the board.
4. An application for a permit shall be made upon forms prescribed by the board and in accordance with procedures established by the board, and shall contain the following:
(a) The name and address of the owner of the ambulance service or air ambulance service or proposed service;
(b) The name under which the applicant is doing business or proposes to do business;
(c) A description of each ambulance or air ambulance, including the make, model, year of manufacture, motor and chassis numbers, and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate the applicants ambulance or air ambulance;
(d) The location and description of the place or places from which the ambulance or air ambulance service is intended to operate; and
(e) Such other information as the board shall deem reasonable and necessary to a fair determination of compliance with the provisions of this chapter.
5. The board may establish an annual permit fee not to exceed $10.
6. All permits shall expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days prior to the expiration date.
7. The health division may revoke, suspend or refuse to renew any permit to operate an ambulance or air ambulance service for violation of any provision of this chapter or of any rule or regulation promulgated by the board.
8. No revocation, suspension or refusal may be made without the concerned permitholders having been afforded an opportunity for a public hearing before the board in the matter prior to such time as any suit is filed in court for violation of this chapter or the rules and regulations issued hereunder. The board shall issue regulations and procedures for the conduct of hearings required by this subsection, and determinations are subject to judicial review pursuant to chapter 233B of NRS.
κ1973 Statutes of Nevada, Page 1145 (CHAPTER 649, SB 454)κ
the conduct of hearings required by this subsection, and determinations are subject to judicial review pursuant to chapter 233B of NRS.
9. The health division may suspend a permit if the permitholder is using an ambulance or air ambulance which does not meet the minimum equipment requirements as established by the board pursuant to this chapter.
10. The issuance of a permit under this section or section 22 of this act does not authorize any person, firm, corporation, association or government entity to provide ambulance or air ambulance services or to operate any ambulance or air ambulance not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.
Sec. 22. The board may issue provisional permits limited as to time, place and purpose, based on the need therefor. No provisional permit may be issued for a period of time longer than six months. The board may establish a reasonable fee for such provisional permits.
Sec. 23. Subsequent to issuance of any permit to an ambulance service or air ambulance service under sections 21 and 22 of this act, the health division shall cause to be inspected the ambulances, aircraft, equipment, personnel, records, premises and operational procedures of such ambulance service or air ambulance service whenever such inspection is deemed necessary, but no less frequently than once each year. The periodic inspection required by this section is in addition to any other state or local safety or motor vehicle inspection required for ambulances, aircraft or motor vehicles under general law or ordinances.
Sec. 24. The public or private owner of an ambulance or air ambulance shall not permit its operation and use without the equipment required by regulations and standards of the board.
Sec. 25. A person, firm, corporation, association or government entity shall not engage in the operation of any ambulance or air ambulance service in Nevada without a currently valid permit for such service issued by the health division.
Sec. 26. A person shall not serve as an attendant on any ambulance or air ambulance unless he holds a currently valid license as an attendant issued by the health division, except as otherwise provided pursuant to the provisions of this chapter.
Sec. 27. 1. The public or private owner of an ambulance or air ambulance shall not permit its operation and use by any person not licensed under this chapter, except as provided in subsection 4.
2. Every ambulance when carrying a sick or injured patient shall be occupied by a driver and an attendant, both of whom shall be licensed as attendants under the provision of this chapter, except in geographic areas which may be designated by the board.
3. Every air ambulance when carrying a sick or injured patient shall be occupied by a licensed attendant in addition to the pilot of the aircraft.
4. The pilot of an air ambulance is not required to have a license under this chapter.
Sec. 28. Each permitholder for an ambulance or air ambulance service shall maintain accurate records upon such forms as may be provided by the health division and containing such information as may be reasonably required by the board concerning the transportation of each patient within this state and beyond its limits.
κ1973 Statutes of Nevada, Page 1146 (CHAPTER 649, SB 454)κ
by the health division and containing such information as may be reasonably required by the board concerning the transportation of each patient within this state and beyond its limits. Such records shall be available for inspection by the health division at any reasonable time and copies thereof shall be furnished to the health division upon request. Such record does not constitute a diagnosis, and a legal signature is not required on forms dealing with the type of injury sustained by a particular patient.
Sec. 29. The issuance of a permit does not authorize any person, firm, corporation or association to provide ambulance services or to operate an ambulance without a franchise or permit in any county or incorporated city which has enacted an ordinance making it unlawful to do so.
Sec. 30. The following are exempted from the provisions of this chapter:
1. The occasional use of a vehicle or aircraft to transport injured or sick persons, which vehicle or aircraft is not ordinarily used in the business of transporting persons who are sick or injured.
2. A vehicle or aircraft rendering services as an ambulance or air ambulance in case of a major catastrophe or emergency when ambulance or air ambulance services with permits are insufficient to render the services required.
3. Persons rendering service as attendants in case of a major catastrophe or emergency when licensed attendants cannot be secured.
4. Ambulances or air ambulances based outside this state, except that any such ambulance or air ambulance receiving a patient within this state for transport to a location within this state shall comply with the provisions of this chapter.
5. Attendants based outside this state.
6. Vehicles owned and operated by search and rescue organizations chartered by the state as corporations not for profit or otherwise existing as nonprofit associations which are not regularly used to transport injured or sick persons except as part of rescue operations.
7. Ambulances or air ambulances owned and operated by an agency of the United States Government.
Sec. 31. 1. This act does not preclude local authorities from adopting more restrictive rules or regulations than those adopted by the board pursuant to the provisions of this chapter.
2. No local authority may adopt rules or regulations less restrictive than those established by the board.
3. The board shall determine whether local rules and regulations are less or more restrictive than those adopted by the board.
Sec. 32. No county or city may operate an ambulance service, or contract to have another operate an ambulance service, in violation of this chapter or the rules or regulations promulgated under this chapter.
Sec. 33. The health division may operate training programs and may contract with others to operate training programs for ambulance attendants, ambulance service operators, firemen, law enforcement officers, physicians, nurses and others in emergency first aid, emergency care and any other techniques associated with emergency care, transportation and treatment of the sick and injured and the proper operation of an ambulance service.
κ1973 Statutes of Nevada, Page 1147 (CHAPTER 649, SB 454)κ
Sec. 34. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor.
Sec. 35. A current, valid license issued to any ambulance driver or ambulance attendant pursuant to the provisions of former chapter 450A of NRS shall remain valid until its expiration date and shall be considered equivalent to a license issued under the provisions of sections 2 to 34, inclusive, of this act.
Sec. 36. NRS 202.590 and chapter 450A of NRS are hereby repealed.
Sec. 37. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 257Miss Foote, Messrs. Barengo, Jacobsen, Mrs. Gojack, Messrs. Torvinen, Dini and Howard
CHAPTER 650
AN ACT relating to the state library; creating the division of cooperative services under the supervision of the state librarian and requiring appropriations therefor; providing for termination of the Nevada center for cooperative library services; providing for the transfer of property; 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 378 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby created within the Nevada state library the division for cooperative services, which shall be administered by the state librarian.
2. The division may provide coordinated library services, which may relate to acquisition, cataloging, processing and delivery of library materials, to libraries, public agencies and institutions.
3. The state librarian may exercise those powers conferred upon him by law in carrying out the functions of the division.
4. Funds for operation and maintenance of the division of cooperative services shall be separately budgeted as a part of the appropriation for the support of the Nevada state library.
Sec. 2. NRS 378.080 is hereby amended to read as follows:
378.080 The state librarian is responsible for the Nevada state library and the statewide program of development and coordination of library and information services. His powers and duties shall be:
1. To administer the state library in accordance with law and good library practice.
2. To withdraw from the library collection and dispose of any items no longer needed.
3. To maintain the state library, including the selecting, acquiring, circulating and holding custody of books, periodicals, pamphlets, films, recordings, papers and other materials and equipment.
κ1973 Statutes of Nevada, Page 1148 (CHAPTER 650, AB 257)κ
4. To maintain a comprehensive collection and reference service to meet reference needs of public officers, departments or agencies of the state, and other libraries and related agencies.
5. To make and enforce rules and regulations necessary for the administration, government and protection of the state library and all property belonging thereto.
6. To issue official lists of publications of the state and other bibliographical and informational publications as appropriate.
7. To borrow from, lend to, and exchange books and other library and information materials with other libraries and related agencies.
8. To collect, compile and publish statistics and information concerning the operation of libraries in the state.
9. To carry out continuing studies and analyses of library problems.
10. To maintain a clearinghouse of information, data and other materials in the field of library and information services.
11. To provide advice and technical assistance to public libraries, other libraries, agencies of the state, political subdivisions, planning groups and other agencies and organizations.
12. To assist and cooperate with other state agencies and officials, local governments, federal agencies and organizations in carrying out programs involving library and information services.
13. To encourage and assist the efforts of libraries and local governments to develop mutual and cooperative solutions to library and information service problems.
14. To contract with [the Nevada center for cooperative library services, and other] agencies, organizations, libraries, library schools, boards of education and universities, public and private, within or outside the state, for library services, facilities, research or any other related purpose.
15. To accept, administer and distribute, in accordance with the terms thereof, any moneys, materials or other aid granted, appropriated or made available to the state library for library purposes by the United States or any of its agencies or by any other source, public or private.
16. To administer such funds as may be made available by the legislature for improvement of public library services, inter-library cooperation or for other library and information-transfer services.
17. To develop adequate standards for services, resources, personnel and programs that will serve as a source of information and inspiration to persons of all ages, including handicapped persons and disadvantaged persons, and that will encourage continuing education beyond the years of formal education.
18. Subject to the approval of local governing bodies, to designate certain libraries as resource center libraries and develop and encourage cooperative steps to link these centers with other libraries in a reference and information network.
Sec. 3. NRS 378.082, 378.084 and 378.086 are hereby repealed.
Sec. 4. To effectuate the provisions of this act, the Nevada center for cooperative library services, a cooperative organization formed pursuant to chapter 277 of NRS, shall take all actions and enter into all agreements necessary to terminate its own existence and rescind or assign to the Nevada state library its bylaws and all agreements and plans of service to which it is a party.
κ1973 Statutes of Nevada, Page 1149 (CHAPTER 650, AB 257)κ
Nevada state library its bylaws and all agreements and plans of service to which it is a party. All property, equipment, records, files and other library paraphernalia of the cooperative may be transferred to the Nevada state library.
Sec. 5. This act shall become effective upon the execution of the agreements referred to in section 4, and the filing of certified copies thereof with the secretary of state and the legislative counsel but in no event shall this act become effective before 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 273Mr. Fry
CHAPTER 651
AN ACT relating to the action of claim and delivery; establishing notice and hearing procedure consistent with constitutional requirements; permitting prejudgment writs of possession under limited circumstances; permitting injunctive relief; 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 31 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The court shall promptly examine the affidavit, and if it is satisfied that it meets the requirements of NRS 31.850, shall issue an order directed to the defendant to show cause why the property should not be taken from the defendant and delivered to the plaintiff. Such order shall:
1. Fix the date and time for the hearing thereon, which shall be no sooner than 10 days from the date of issuance of the order.
2. Inform the defendant that he may file affidavits on his behalf with the court and may appear and present testimony on his behalf at the hearing, or that he may, at or prior to such hearing, file with the court a written undertaking to stay delivery of the property pursuant to NRS 31.890.
3. Inform the defendant that if he fails to appear, the plaintiff will apply to the court for a writ of possession.
4. Require service of the affidavit and order upon the defendant, and fix the time and manner within which such service shall be made, which shall be by personal service or in such other manner as the court may determine to be reasonably calculated to afford notice of the proceeding to the defendant under the circumstances appearing from the affidavit.
Sec. 3. 1. A writ of possession may be issued prior to the hearing provided by section 2 of this act if the plaintiff, in his affidavit, or by presentation of other evidence establishes reasonable cause to believe the probability of any one of the following:
(a) The defendant gained possession of the property by the commission of any criminal act forbidden by chapter 205 of NRS.
κ1973 Statutes of Nevada, Page 1150 (CHAPTER 651, AB 273)κ
(b) The property possessed by the defendant consists of one or more negotiable instruments or credit cards.
(c) The property sought to be returned either:
(1) Is perishable, and will perish before any hearing upon notice can be had; or
(2) By reason of threatened action by the holder, such property is in immediate danger of destruction, serious harm, concealment, removal from this state or sale to an innocent purchaser.
2. Where a writ of possession has been issued prior to hearing under the provisions of this section, the defendant or other person from whom possession of such property has been taken may apply to the court for an order shortening the time for hearing on the order to show cause, and the court may, upon such application, shorten the time for such hearing, and direct that the matter shall be heard on not less than 48 hours notice to the plaintiff.
3. No writ of possession may issue pursuant to this section until the plaintiff has filed with the court an approved written undertaking as required by section 5 of this act.
Sec. 4. In addition to the issuance of an order to show cause provided by section 2 of this act, and in lieu of the immediate issuance of a writ of possession provided by section 3 of this act, the court may issue such temporary restraining orders directed to the defendant prohibiting such acts with respect to the property as may appear necessary for the preservation of rights of the parties and the status of the property.
Sec. 5. 1. Upon the hearing on the order to show cause, the court shall consider the showing made by the parties appearing, and shall make a preliminary determination which party, with reasonable probability, is entitled to possession, use, and disposition of the property pending final adjudication of the claims of the parties. If the court determines that the action is one in which a prejudgment writ of possession should issue, it shall direct the issuance of such writ.
2. A writ of possession shall not issue until plaintiff has filed with the court a written undertaking executed by two or more sufficient sureties, approved by the court, to the effect that they are bound to the defendant in double the value of the property, as determined by the court, for the return of the property to the defendant if return thereof is ordered, and for the payment to him of any sum as may from any cause be recovered against the plaintiff, except that if there is reasonable cause to believe that the plaintiff is a secured party, as defined in chapter 104 of NRS, no undertaking shall be required for the issuance of the writ of possession.
Sec. 6. 1. The writ of possession shall be directed to the sheriff within whose jurisdiction the property is located. It shall describe the specific property to be seized, and shall specify the location or locations where, as determined by the court from all the evidence, there is probable cause to believe the property or some part thereof will be found. It shall direct the levying officer to seize it if it is found, and to retain it in his custody. There shall be attached to such writ a copy of the written undertaking filed by the plaintiff, and such writ shall inform the defendant that he has the right to except to the sureties upon such undertaking or to file a written undertaking for the redelivery of such property, as provided in NRS 31.890.
κ1973 Statutes of Nevada, Page 1151 (CHAPTER 651, AB 273)κ
or to file a written undertaking for the redelivery of such property, as provided in NRS 31.890.
2. Upon probable cause shown by further affidavit or declaration by plaintiff or someone on his behalf, filed with the court, a writ of possession may be endorsed by the court, without further notice, to direct the levying officer to search for the property at another location or locations and to seize it, if found.
Sec. 7. NRS 31.850 is hereby amended to read as follows:
31.850 Where a delivery is claimed, an affidavit shall be made by the plaintiff, or by someone in his behalf, and filed with the court showing:
1. That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully entitled to the possession thereof.
2. That the property is wrongfully detained by the defendant.
3. The alleged cause of the detention thereof according to his best knowledge, information and belief.
4. That the same has not been taken for a tax, assessment or fine pursuant to a statute, or seized under an execution or an attachment against the property of the plaintiff, or, if so seized, that it is by statute exempt from such seizure.
5. The actual value of the property.
Sec. 8. NRS 31.870 is hereby amended to read as follows:
31.870 Upon [a] receipt of the [affidavit and notice, with a written undertaking, executed by two or more sufficient sureties, approval by the sheriff, to the effect that they are bound to the defendant in double the value of the property, in lawful money of the United States, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff, in lawful money of the United States,] writ of possession, with a copy of the written undertaking attached, the sheriff shall forthwith take the property described in the [affidavit,] writ, if it be in the possession of the defendant or his agent, and retain it in his custody. He shall also, without delay, serve on the defendant a copy of the [affidavit, notice] writ and undertaking, by delivering the same to him personally, if he can be found, or to his agent, from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion; or, if neither have any known place of abode, by putting them in the nearest post office, directed to the defendant.
Sec. 9. NRS 31.880 is hereby amended to read as follows:
31.880 The defendant may, within 2 days after the service of [a copy of the affidavit] the writ and the undertaking, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so he shall be deemed to have waived all objection to them. When the defendant excepts, the sureties shall justify on notice in like manner as upon bail on arrest; and the sheriff shall be responsible for the sufficiency of the sureties until the objection to them is either waived, as above provided, or until they justify. If the defendant [except] excepts to the sureties he cannot reclaim the property, as provided in NRS 31.890.
Sec. 10. NRS 31.890 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1152 (CHAPTER 651, AB 273)κ
31.890 At any time before the delivery of the property to the plaintiff, the defendant may, if he [do] does not except to the sureties of the plaintiff, require the return thereof, upon [giving to the sheriff] the filing with the court, and serving of a copy upon the plaintiff or his attorney, of a written undertaking, approved by the court and executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, [in lawful money of the United States,] as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for payment to him of such sum [, in lawful money of the United States,] as may for any cause be recovered against the defendant. If a return of the property [be] is not so required within 5 days after the taking thereof and the serving of [notice to] the writ of possession and undertaking upon the defendant, it shall be delivered to the plaintiff, except as provided in NRS 31.940.
Sec. 11. NRS 31.940 is hereby amended to read as follows:
31.940 1. If the property taken [be] is claimed by any other person than the defendant or his agent, and such person [make] makes an affidavit of his title thereto, or right to possession thereof, stating the grounds of such title or right, and [serve the same] files the affidavit with the court and serves a copy upon the sheriff, the sheriff [shall not be] is not bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of [him] the sheriff or his agent, [indemnify] indemnifies the sheriff against such claim by an undertaking [, made payable in lawful money of the United States,] by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property, as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution, and are freeholders or householders in the county. No claim to such property by any other person than the defendant or his agent [shall be] is valid against the sheriff unless so made.
2. The title to such property shall be determined in the manner provided for in cases of third party claims after levy under a writ of execution or attachment.
Sec. 12. NRS 31.950 is hereby amended to read as follows:
31.950 The sheriff shall file the [notice, undertaking and affidavit,] writ of possession and undertaking with his proceedings thereon, with the clerk of the court in which the action is pending, within 20 days after taking the property mentioned therein.
Sec. 13. NRS 71.100 is hereby amended to read as follows:
71.100 In an action to recover possession of personal property, the plaintiff may, at the time of issuing summons, or at any time thereafter before answer, claim the delivery of such property to him. NRS 31.840 to 31.950, inclusive, and sections 2 to 6, inclusive, of this act are applicable to such claim when made in justices courts, the powers therein given and duties imposed on sheriffs being extended to constables, and the word justice being substituted for the word judge.
Sec. 14. NRS 31.860 is hereby repealed.
________
κ1973 Statutes of Nevada, Page 1153κ
Assembly Bill No. 557Mrs. Ford
CHAPTER 652
AN ACT relating to forest practices; providing additional requirements relating to the control of erosion in areas where timber or forest operations are conducted; defining certain terms; 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 528 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Stream means a natural watercourse designated by a solid line or dash and three dot symbol shown in blue on the most recently published United States Geological Survey 7.5 minute series topographic map.
Sec. 3. Tractor means a 4-wheeled or caterpillar-tread, rider-controlled automotive vehicle used primarily for drawing or propelling logs or other wood products.
Sec. 4. 1. Tractor skid trails, landings, logging truck roads and firebreaks shall be so located, constructed, used and left after timber harvesting that erosion caused by waterflow therefrom and waterflow in natural watercourses shall be limited to a reasonable minimum that will not impair the productivity of the soil or appreciably diminish the quality of the water.
2. Roadside berms shall be constructed where necessary to guide surface waterflow to the point of planned diversion required by sections 5 and 6 of this act, and to prevent unnecessary erosion of fills and side cast material.
Sec. 5. 1. Except as provided in sections 6 to 8, inclusive, of this act, waterbreaks or culverts, or both, shall be constructed for all logging truck roads, tractor skid trails and firebreaks no later than November 15 of each year. Waterbreaks or culverts, or both, shall:
(a) Be located in minimal fill areas;
(b) Be effective in diverting surface water from logging truck roads, tractor skid trails and firebreaks;
(c) Provide unrestricted discharge into an area having sufficient filter capacity to effectively remove waterborne sediment to prevent a serious risk of causing significant degradation of water quality; and
(d) Be installed at such intervals as are necessary to reasonably prevent surface water on or from such logging truck roads, tractor skid trails and firebreaks from accumulating in sufficient volume or accelerating to sufficient velocity to cause excessive erosion. The following guidelines shall be considered in determining reasonable waterbreak or culvert intervals:
(1) On grades of 10 percent or less, intervals of 100 to 200 feet;
(2) On grades of 11 to 25 percent, intervals of 75 to 150 feet;
(3) On grades of 26 to 49 percent, intervals of 50 to 100 feet; and
(4) On grades of 50 percent or more, intervals of 30 to 75 feet.
2. Advance flagging of waterbreak or culvert locations shall be provided wherever necessary to insure that the location and spacing of the waterbreaks or culverts, or both, is adequate to prevent waterflow from creating a serious risk of causing significant degradation of water quality.
κ1973 Statutes of Nevada, Page 1154 (CHAPTER 652, AB 557)κ
waterbreaks or culverts, or both, is adequate to prevent waterflow from creating a serious risk of causing significant degradation of water quality.
3. On permanent truck roads, waterbreaks or culverts, or both, shall be cut a minimum of 12 inches into the firm road surface and shall be constructed so that they will not be rendered ineffective by the passage of motorized vehicles.
Sec. 6. 1. Outsloped drainage structures may be constructed in lieu of waterbreaks or culverts. Such structures may be outsloped dips or the entire traveled surface may be outsloped with sections of berm removed at periodic intervals to permit water to flow from the traveled surface.
2. The requirements of section 5 of this act with respect to the time for construction and the location and spacing of waterbreaks and culverts shall apply to outsloped drainage structures constructed pursuant to the provisions of subsection 1.
Sec. 7. If weather or soil conditions, or both, prevent installation of waterbreaks, culverts or outsloped drainage structures, or any combination thereof, prior to November 15 of each year as required by sections 5 and 6 of this act, the drainage of truck roads, tractor trails and firebreaks shall be maintained by hand to prevent excessive erosion until permanent facilities can be installed.
Sec. 8. Wherever terrain or any other factor precludes proper diversion of waterflow from tractor trails as required by sections 5 and 6 of this act, slash shall be scattered on such tractor trails in sufficient quantity to retard waterflow thereon and hold erosion to a minimum.
Sec. 9. NRS 528.012 is hereby amended to read as follows:
528.012 As used in this chapter, unless the context otherwise requires, the terms defined in NRS 528.013 to 528.027, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in such sections.
Sec. 10. NRS 528.024 is hereby amended to read as follows:
528.024 Slash means [the needles, twigs, branches or limbs of 4 inches or smaller in diameter left on the ground as a result of logging or other operations.] split product material, branches, limbs or stems of any species left in the harvest area as a result of current timber harvesting.
Sec. 11. NRS 528.030 is hereby amended to read as follows:
528.030 1. NRS 528.010 to 528.090, inclusive, and sections 2 to 8, inclusive, of this act are adopted:
[1.] (a) To establish minimum standards of forest practice and to require compliance therewith by every timber owner or operator.
[2.] (b) To promote the sustained productivity of the forests of the Sierra Nevada Mountains in Nevada.
[3.] (c) To preserve the natural water supply of the state in the interests of the economic welfare of the state.
2. The provisions of NRS 528.010 to 528.090, inclusive, and sections 2 to 8, inclusive, of this act shall not be construed in any way to condone any activity which causes significant degradation of water quality.
Sec. 12. NRS 528.090 is hereby amended to read as follows:
528.090 Any person who [shall violate] violates any of the provisions of NRS 528.010 to 528.090, inclusive, or sections 2 to 8, inclusive, of this act, or any of the rules or regulations made under the authority of NRS 528.010 to 528.090, inclusive, [shall be] or sections 2 to 8, inclusive, of this act, is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $10 and not more than $500, or by both fine and imprisonment.
κ1973 Statutes of Nevada, Page 1155 (CHAPTER 652, AB 557)κ
of this act, or any of the rules or regulations made under the authority of NRS 528.010 to 528.090, inclusive, [shall be] or sections 2 to 8, inclusive, of this act, is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $10 and not more than $500, or by both fine and imprisonment.
________
Assembly Bill No. 636Mr. Getto
CHAPTER 653
AN ACT relating to public employees retirement; requiring refund of contributions if the employee fails to become eligible.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.420 is hereby amended to read as follows:
286.420 1. Deductions shall be made from the salary of an employee and contributions paid thereon from the first day of employment unless the employee has been hired for a period of employment that will not exceed 90 days.
2. Except as otherwise provided in subsection 3, if an employee fails to become eligible for membership in the system, during the fiscal year, and deductions have been made and contributions paid to his account, the board shall refund to the employer and to the employee their respective contributions.
3. If at the end of the fiscal year during which he was first employed, an employee has not earned the annual minimum required for membership in the system, a refund shall not be made, but if at the end of a full year of employment he has not earned the annual minimum and at the end of the fiscal year in which this first anniversary occurred he has also not earned the annual minimum during that fiscal year, then the refund shall be made to the employer and the employee.
________
Assembly Bill No. 772Committee on Government Affairs
CHAPTER 654
AN ACT to amend NRS 354.626 relating to unlawful expenditures by local government; by extending permissible time in which professional services may be rendered under a contract which incurs liability exceeding budgeted amount.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency shall, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, short-term financing repayments, and any other long-term contract expressly authorized by law.
κ1973 Statutes of Nevada, Page 1156 (CHAPTER 654, AB 772)κ
department or agency shall, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, short-term financing repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof shall cease to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities or towns, school districts or special districts, by the district attorney.
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:
(a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within [18] 24 months following the date of such contract.
(f) Contracts between a local government and any person, firm or corporation for the construction or completion of public works, funds for which have been provided by the proceeds of a sale of bonds or short-term financing. Unappropriated surplus funds shall not be used unless appropriated in a manner provided by law.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 542Messrs. Prince, Ashworth, Glover and Jacobsen
CHAPTER 655
AN ACT relating to the registration of motor vehicles; providing for the special registration of, and special license plates for, vehicles more than 40 years old; 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 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department may issue special license plates and registration certificates to residents of Nevada for any motor vehicle which is a model manufactured more than 40 years prior to the date of application for registration under this section.
κ1973 Statutes of Nevada, Page 1157 (CHAPTER 655, AB 542)κ
manufactured more than 40 years prior to the date of application for registration under this section. Except as provided in subsection 4, any such vehicle shall not be used for general transportation, but may be used for club activities, exhibitions, tours, parades or similar activities.
2. In lieu of the annual registration and fees required by this chapter, and of the privilege tax imposed by chapter 371 of NRS, the owner of a vehicle described in subsection 1 may submit an affidavit to the department indicating that the vehicle will only be used for the permitted purposes enumerated in subsection 1 and that the vehicle has been inspected and found safe to be operated on the highways of this state, and pay a $12.50 fee.
3. If the owner complies with the requirements of subsection 2, the department may issue the owner license plates and a registration certificate which will expire when the owner sells or dismantles the vehicle.
4. If the owner elects to use the vehicle as general transportation, he shall pay the regular license plate fees as prescribed by law.
5. License plates issued pursuant to this section shall bear the inscription Old Timer and the plates shall be numbered consecutively.
6. The Nevada Old Timer Club members shall bear the cost of the dies for the implementation of this section.
________
Assembly Bill No. 671Messrs. Barengo, Huff, Glover, Lowman and Hickey
CHAPTER 656
AN ACT relating to criminal procedure; broadening the authority to issue misdemeanor citations in certain circumstances; regulating the use of such citations; 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 171 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Whenever any person is arrested by a private person, as provided in NRS 171.126, for any violation of a county, city or town ordinance or state law which is punishable as a misdemeanor, such person arrested may be issued a misdemeanor citation in lieu of being immediately taken before a magistrate if:
1. The private person making the arrest consents to the issuance of such misdemeanor citation;
2. The person arrested furnishes satisfactory evidence of identity; and
3. A peace officer has reasonable and probable grounds to believe that the person arrested will keep a written promise to appear in court.
Sec. 3. 1. In those instances described in section 2 of this act, the peace officer summoned after the arrest shall prepare in quadruplicate a written misdemeanor citation in the form of a complaint issuing in the name of THE STATE OF NEVADA or in the name of the respective county, city or town, and containing:
κ1973 Statutes of Nevada, Page 1158 (CHAPTER 656, AB 671)κ
written misdemeanor citation in the form of a complaint issuing in the name of THE STATE OF NEVADA or in the name of the respective county, city or town, and containing:
(a) A notice to appear in court;
(b) The name and address of the person;
(c) The state registration number of his vehicle, if any;
(d) The offense charged, including a brief description of the offense and the NRS or ordinance citation;
(e) The time when and place where the person is required to appear in court;
(f) Such other pertinent information as may be necessary; and
(g) The signatures of the private person making the arrest and the peace officer preparing the citation.
2. The time specified in the notice to appear shall be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice shall be before a magistrate, as designated in NRS 171.178 and 171.184.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the written misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. A copy of the citation signed by the person charged shall suffice as proof of service.
5. It is unlawful for any person to violate his written promise to appear given to a peace officer upon the issuance of a misdemeanor citation regardless of the disposition of the charge for which such citation was originally issued.
Sec. 4. 1. Every county, city or town law enforcement agency in this state shall provide in appropriate form misdemeanor citations containing notices to appear which shall be issued in books with citations in quadruplicate and meeting the requirements of sections 2 to 7, inclusive, of this act.
2. The chief administrative officer of every such law enforcement agency shall be responsible for the issuance of such books and shall maintain a record of every such book and each citation contained therein issued to individual members of the law enforcement agency and shall require and retain a receipt for every book so issued.
Sec. 5. 1. Every peace officer upon issuing a misdemeanor citation, pursuant to sections 2 to 7, inclusive, of this act to an alleged violator of any provision of a county, city or town ordinance or of a state law which is punishable as a misdemeanor shall deposit the original or a copy of such misdemeanor citation with a court having jurisdiction over the alleged offense.
2. Upon the deposit of the original or a copy of such misdemeanor citation with a court having jurisdiction over the alleged offense, such original or copy of such misdemeanor citation may be disposed of only by trial in such court or other official action by a judge of such court.
3. It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of a misdemeanor citation or copies thereof or of the record of the issuance of a misdemeanor citation in a manner other than as required in this section.
κ1973 Statutes of Nevada, Page 1159 (CHAPTER 656, AB 671)κ
officer or public employee to dispose of a misdemeanor citation or copies thereof or of the record of the issuance of a misdemeanor citation in a manner other than as required in this section.
4. The chief administrative officer of every county, city or town law enforcement agency shall require the return to him of a copy of every misdemeanor citation issued by an officer under his supervision to an alleged misdemeanant and of all copies of every misdemeanor citation which has been spoiled or upon which any entry has been made and not issued to an alleged misdemeanant.
5. Such chief administrative officer shall also maintain or cause to be maintained in connection with every misdemeanor citation issued by an officer under his supervision a record of the disposition of the charge by the court in which the original or copy of the misdemeanor citation was deposited.
Sec. 6. Every record of misdemeanor citations required by sections 2 to 7, inclusive, of this act shall be audited at least semiannually by the appropriate fiscal officer of the governmental agency to which the law enforcement agency is responsible.
Sec. 7. If the form of citation includes information and is sworn to as required under the general laws of this state in respect to a complaint charging commission of the offense alleged in the citation to have been committed, then such citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution.
Sec. 8. The provisions of sections 2 to 8, inclusive, of this act do not apply to those situations in which a person is detained by a peace officer for any violation of chapter 484 of NRS.
________
Assembly Bill No. 740Mr. May
CHAPTER 657
AN ACT relating to public works contracts; providing guidelines for retaining amounts due thereunder; 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 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A public body and its officers or agents awarding a contract for the construction, alteration or repair of public works shall authorize partial payments of the amount due under such contract at the end of each calendar month, or as soon thereafter as practicable, to the contractor if the contractor is satisfactorily performing the contract. Not more than 90 percent of the calculated value of any work shall be paid until 50 percent of the work required by the contract has been performed. Thereafter the public body may pay any of the remaining installments without retaining additional funds if, in the opinion of the public body, satisfactory progress is being made in the work.
κ1973 Statutes of Nevada, Page 1160 (CHAPTER 657, AB 740)κ
without retaining additional funds if, in the opinion of the public body, satisfactory progress is being made in the work.
2. The public body shall retain the amount withheld under any such contract until the contract is satisfactorily completed and finally accepted. However, when a project is sufficiently completed to be placed into service, the public body shall reduce the retained percentage and retain only such sum as it may determine to be sufficient to complete the contract.
3. The amount withheld under any such contract is due and payable within a reasonable time following the filing of a notice of completion as provided in NRS 108.228 or upon other proper evidence of satisfactory completion of the contract.
Sec. 3. 1. When a public body and a contractor enter into a contract for the construction, alteration or repair of public works, the contractor may withhold 10 percent from the amount of any partial payment under a subcontract which is made before 50 percent of the work has been completed under the subcontract. Thereafter the contractor shall pay any additional installments due under the subcontract without retaining any additional funds if, in the opinion of the contractor, satisfactory progress is being made in the work under the subcontract and such payment shall be equal to that paid by the public body to the contractor for the work performed by the subcontractor.
2. The contractor may retain the amount withheld under any such subcontract until the subcontract is satisfactorily completed.
3. The amount withheld under any such subcontract is due and payable within a reasonable time following the acceptance of the subcontract work by the contractor.
________
Assembly Bill No. 269Mr. Capurro
CHAPTER 658
AN ACT relating to automobile rental agencies; relieving such agencies from liability for traffic violations arising out of the use of a rented vehicle; 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 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No automobile rental agency shall be liable for any traffic violation arising out of the use of a leased or rented motor vehicle during the period such motor vehicle is not in the possession of the agency. This section does not absolve any such agency from liability for any misdemeanor committed by an officer, employee or agent of the agency.
________
κ1973 Statutes of Nevada, Page 1161κ
Assembly Bill No. 407Mesdames Gojack, Ford, Messrs. Schofield, Vergiels, McNeel, Barengo and Lowman
CHAPTER 659
AN ACT creating the crime of preparing or selling certain academic writings for submission as the work of a person not the author; providing a penalty; 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 207 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who prepares for sale or sells any term paper, thesis, dissertation or similar writing intending such writing to be submitted to an academic institution as the work of any person not the author in fulfillment of a requirement for completion of a course of study, award of a degree or other academic credit is guilty of a misdemeanor.
________
Assembly Bill No. 10Mr. Dreyer
CHAPTER 660
AN ACT relating to elections; redefining local government unit; providing for methods of electing representatives; 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 237.025 is hereby amended to read as follows:
237.025 As used in this chapter, unless the context requires otherwise:
1. Assembly district means any district created pursuant to the legislative districting provisions of chapter 218 of NRS for the election of assemblymen.
2. [Enumeration district means the series of geographical units in each county of the state, which have been created by the Bureau of the Census of the United States Department of Commerce and to each unit of which the Bureau of the Census has assigned a fixed population count, which, when added to the fixed population count of all other units in the series, produces the official population count of the county, giving recognition to the official population count of each township, as of April 1, 1970.
3.] Local government unit means any unit of local government in the State of Nevada, [including but not limited to counties, unincorporated towns, school districts, general improvement districts, local improvement districts, housing authorities, hospital districts, county hospitals and all other special districts.] the boundaries of which are coextensive with and which duplicate the county lines of the county in which such unit is located.
κ1973 Statutes of Nevada, Page 1162 (CHAPTER 660, AB 10)κ
such unit is located. Local government unit shall not include Carson City, or any other incorporated city [.] , but does include any school district, hospital district or other district within or conterminous with Carson City.
[4. Senatorial district means any district created pursuant to the legislative districting provisions of chapter 218 of NRS for the election of senators.]
Sec. 2. NRS 237.035 is hereby amended to read as follows:
237.035 1. Except as otherwise specifically provided by law, the governing board of any local government unit, whose members are chosen by popular vote [is hereby directed,] shall, by the enactment of an ordinance or the adoption of a resolution or order, [to] divide the geographical area it serves into the number of election districts which is identical with the number of members serving on such board.
2. Such districts shall be single-member districts and shall be formed with reference to assembly districts insofar as practicable. All such districts created pursuant to the provisions of this subsection shall be of as nearly equal population as is practicable.
3. Nothing in this section shall be construed to direct or authorize any change in the number of members composing the governing body or board as such body or board is constituted on July 1, 1971.
4. The members of such bodies or boards covered by the provisions of this section, as constituted on July 1, 1971, shall continue to hold office for the terms for which they were elected.
Sec. 3. Chapter 237 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. Except as provided in section 5 of this act:
1. The single-member districts mentioned in subsection 2 of NRS 237.035 may be constructed so that the voters in each district elect their representative; or such districts may be constructed so that the elected representatives are elected by all of the voters in the local government unit.
2. The question of whether the elected representatives of the local government unit are to be elected solely by the voters in their district or by all of the voters in the local government unit, shall be determined by resolution of the board of county commissioners after holding a public hearing on the matter.
3. In either case, elected representatives shall be residents of the district which they represent, throughout their term of office.
Sec. 5. 1. In counties whose population is 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, single-member districts mentioned in subsection 2 of NRS 237.035 shall be formed so that the voters in each district elect their representative.
2. Elected representatives shall be residents of the district which they represent throughout their term of office.
Sec. 6. Section 1 of Senate Bill 312 of the 57th session of the legislature is hereby repealed.
Sec. 7. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 1163κ
Assembly Bill No. 86Committee on Transportation
CHAPTER 661
AN ACT relating to reports of sale of vehicles; providing time limits for delivery of the report to the department of motor vehicles; providing penalties for non-compliance; 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 482.423 is hereby amended to read as follows:
482.423 1. When a new vehicle is sold in this state, the seller shall complete and execute a dealers report of sale. The dealers report of sale shall be in a form prescribed by the department and shall include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If in connection with such sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee shall be entered on the dealers report of sale.
2. The seller shall submit [one copy] the original of the dealers report of sale to the department within 10 days after the execution of all instruments which the contract of sale requires to be executed at the time of sale or within 10 days after the date of sale, whichever is later, unless an extension of time is granted by the department, and shall furnish one copy to the buyer. One copy shall be affixed to the right front windshield of the vehicle. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.
Sec. 2. NRS 482.424 is hereby amended to read as follows:
482.424 1. When a used or rebuilt vehicle is sold in this state by a dealer or rebuilder, the seller shall complete and execute a dealers or rebuilders report of sale. The dealers or rebuilders report of sale shall be in a form prescribed by the department and shall include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of such sale, or if in connection with such sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party shall be entered on the dealers or rebuilders report of sale.
2. The seller shall submit [one copy] the original of the dealers or rebuilders report of sale to the department [,] within 45 days after the execution of all instruments which the contract of sale requires to be executed at the time of sale, unless an extension of time is granted by the department, together with the properly endorsed certificate of title or certificate of ownership previously issued for such vehicle, and shall furnish one copy to the buyer. One copy shall be affixed to the front right windshield of the vehicle. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.
κ1973 Statutes of Nevada, Page 1164 (CHAPTER 661, AB 86)κ
occurs first, the buyer shall remove the copy from the windshield of the vehicle.
________
Assembly Bill No. 117Messrs. Broadbent and Getto
CHAPTER 662
AN ACT to amend NRS 446.020, relating to dairy farms, dairy products plants and frozen dessert plants, by exempting them from the definition of food establishment.
[Approved April 26, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 446.020 is hereby amended to read as follows:
446.020 1. Food establishment means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale, or served.
2. The definition shall not be construed to include:
(a) Private homes.
(b) Fraternal or social clubhouses attendance at which is limited to club members.
(c) Vehicles operating on common carriers engaged in interstate commerce.
(d) Premises on which religious, charitable and other nonprofit organizations sell food for the purpose of raising funds.
(e) Any slaughter establishment which is regulated and inspected by the state department of agriculture.
(f) Milk and milk products plants, frozen dessert plants and dairy farms which are regulated by chapter 584 of NRS.
________
Assembly Bill No. 187Messrs. Lowman, Getto, Wittenberg, McNeel and Hickey
CHAPTER 663
AN ACT relating to foster homes; giving the welfare division of the department of health, welfare and rehabilitation exclusive licensing authority; 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 424.010 is hereby amended to read as follows:
424.010 [Any family home in which one to 15] As used in NRS 424.010 to 424.100, inclusive, unless the context otherwise requires:
κ1973 Statutes of Nevada, Page 1165 (CHAPTER 663, AB 187)κ
1. Family foster home means any family home in which one to six children under 16 years of age not related by blood, adoption or marriage to the person or persons maintaining the home are received, cared for, and maintained for compensation or otherwise, including the provision of permanent free care. Family foster home includes any such home in which any such child is received, cared for and maintained pending completion of proceedings for the adoption of such child by the person or persons maintaining the home. [, shall be deemed to be a foster home for children.]
2. Foster home includes family foster home and group foster home.
3. Group foster home means any individual, partnership, firm, corporation or association which provides full-time care for 7 to 15 children under 16 years of age not related by blood, adoption or marriage to the person or persons maintaining or operating the home who are received, cared for and maintained for compensation or otherwise, including the provision of permanent free care.
Sec. 2. NRS 424.020 is hereby amended to read as follows:
424.020 1. The welfare division of the department of health, welfare and rehabilitation, in cooperation with the state board of health [,] and the state fire marshal, shall:
(a) Establish reasonable minimum standards for [foster homes.] family foster homes and group foster homes.
(b) Prescribe rules for the regulation of [foster homes.] family foster homes and group foster homes.
2. All licensed [foster homes] family foster homes and group foster homes must conform to the standards established and the rules prescribed in subsection 1.
Sec. 3. NRS 424.030 is hereby amended to read as follows:
424.030 1. No person shall conduct a [foster home] family foster home or a group foster home as defined in NRS 424.010 without receiving an annual license to do so from the welfare division of the department of health, welfare and rehabilitation.
2. No license shall be issued to a [foster home] family foster home or a group foster home until an investigation of the home and its standards of care has been made by the welfare division or a child-placing agency licensed by the welfare division.
3. Any [foster home] family foster home or group foster home that conforms to the established standards of care and prescribed rules shall receive a license from the welfare division, which shall be in force for 1 year from the date of issuance. On reconsideration of the standards maintained, the license may be renewed annually.
4. The license shall show:
(a) The name of the persons licensed to conduct the [foster home.] family foster home or group foster home.
(b) The exact location of the [foster home.] family foster home or group foster home.
(c) The number of children that may be received and cared for at one time.
5. No [foster home] family foster home or group foster home can receive for care more children than are specified in the license.
κ1973 Statutes of Nevada, Page 1166 (CHAPTER 663, AB 187)κ
Sec. 4. NRS 424.040 is hereby amended to read as follows:
424.040 The section of child welfare services of the welfare division of the department of health, welfare and rehabilitation, or its authorized agent, shall visit every licensed [foster home] family foster home and group foster home as often as is necessary to assure that proper care is given to the children.
Sec. 5. NRS 424.110 is hereby amended to read as follows:
424.110 As used in NRS 424.120 to 424.160, inclusive:
1. Child care facility means any home, private institution or group furnishing care on a temporary or permanent basis during the day or overnight for compensation to five or more children under 16 years of age who are not related to each other. Child care facility does not include:
(a) The home of a natural parent or guardian, public institution or maternity home; or
(b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity by blood, adoption or marriage to the person or persons maintaining the home; or
(c) A home, private institution or group furnishing care on a temporary or permanent basis during the day or overnight for compensation to two or more children under 16 years of age, all of which children are related to each other [.] ; or
(d) A foster home as defined in NRS 424.010.
2. Person means an individual, partnership, firm, corporation or association.
Sec. 6. NRS 449.011 is hereby amended to read as follows:
449.011 As used in NRS 449.021 to 449.240, inclusive, health and care facility means any institution, place, building or agency which maintains and operates facilities for the diagnosis, care and treatment of human illness, including convalescence, and including group care, residential child care and child day care centers [.] but not including foster homes as defined in NRS 424.010.
Sec. 7. NRS 477.030 is hereby amended to read as follows:
477.030 1. The state fire marshal shall enforce all laws and ordinances, and make rules and regulations relating to:
(a) The prevention of fires.
(b) The storage and use of combustibles, flammables, fireworks and explosives.
(c) The construction, maintenance and regulation of fire escapes.
(d) Overseeing the safety of and directing the means and adequacy of exit in case of fire from factories, asylums, institutions, day care facilities, foster homes, nursing homes, hospitals, churches, schools, halls, theaters, amphitheaters, all buildings, except private residences, which are occupied for sleeping purposes, and all other places where large numbers of persons work, live or congregate from time to time for any purpose.
(e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.
κ1973 Statutes of Nevada, Page 1167 (CHAPTER 663, AB 187)κ
within this state, including the threads used on fire hose couplings and hydrant fittings.
3. The state fire marshal shall cooperate with the state forester firewarden in the preparation of rules and regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.
4. The state fire marshal shall cooperate with the welfare division of the department of health, welfare and rehabilitation in establishing reasonable minimum standards for, overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.
5. The state fire marshal and his deputies shall have such powers and perform such other duties as are prescribed by law.
Sec. 8. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 442Committee on Ecology and Public Resources
CHAPTER 664
AN ACT relating to the duties of the state engineer; providing for review of certain subdivision and condominium plats or maps; requiring copies of review to be furnished subdividers and purchasers; providing that no warranty as to safety or quantity of water is created by review or approval; absolving state engineer from liability arising out of his duty to inspect dams; 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 116.040 is hereby amended to read as follows:
116.040 1. The map or plat shall be certified by the surveyor making the same, which certificate shall be substantially as follows:
I, ............................... (surveyors name), do hereby certify that this plat is a true and accurate map of the land surveyed by me and laid out into blocks, lots, streets, alleys and public places at the instance of .......... ............................. (give name of owner or trustee); that the location of the blocks, lots, streets, alleys and public places has been definitely established and perpetuated in strict accordance with the law and as shown hereon; that the blocks, lots and public places shown hereon are situate wholly within ......................(give description by metes and bounds or by legal subdivision); that the survey was completed on the .................. day of .....................(give date).
2. The map or plat shall:
(a) Be acknowledged by the owner or owners, or trustee, before some officer authorized by law to take the acknowledgment of conveyances of real property; and
κ1973 Statutes of Nevada, Page 1168 (CHAPTER 664, SB 442)κ
(b) Contain signed and acknowledged evidence by the owner or owners of their grant of permanent easements for utility installations and access, as designated on the map, together with a statement approving such easements, signed by each public utility company or agency in whose favor the easements are granted or whose utility services are to be required for the platted parcels.
(c) If the land is situated in any city or town, or outside any city or town, but within 3 miles of the limits of the same, be approved by the legislative authority of the city or town in which the land is situated, and in the absence of such legislative authority, by the legislative authority of the county in which the city or town is situated; and
(d) If the land is situated more than 1 mile from the limits of any city or town, be approved by the board of county commissioners of the county in which the land is situated; and
(e) Be approved by the health division of the department of health, welfare and rehabilitation concerning sewage disposal, water pollution, water quality and, subject to [confirmation] review by the state engineer, water quantity.
3. A copy of the review of the state engineer required by subsection 2(d) shall be furnished to the subdivider who in turn shall provide a copy of such review to each purchaser of land in the subdivision prior to the time the sale is completed. No statement of approval or review as required in subsection 2(d) is a warranty or representation in favor of any person as to the safety or quantity of such water.
4. When so acknowledged, certified and approved, the original and one copy of the map or plat shall be filed in the office of the county recorder of the county in which the lands so platted and laid out are situated and one copy of the map or plat shall be filed, without charge, in the office of the county assessor of the county where the lands are situated.
[4.] 5. No city or town or county legislative authority shall approve or accept for filing any map or plat under this chapter that does not conform to the requirements of this chapter.
Sec. 2. NRS 117.027 is hereby amended to read as follows:
117.027 At the time any condominium map or plan is presented to the county recorder for recording the following certificates shall be presented to be recorded immediately prior to such map or plan:
1. A subdivision report from a reputable title company showing the names of the parties who may be required to sign the map or plan and guaranteeing that the names of the parties contained therein are the only parties who are required to sign such map or plan.
2. A certificate from a reputable title company showing that there are no liens against the condominium or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.
3. A certificate from the health division of the department of health, welfare and rehabilitation showing that the health division has approved the map or plan concerning sewage disposal, water pollution, water quality and, subject to [confirmation] review by the state engineer, water quantity.
4. A copy of the review of the state engineer required by subsection 3 shall be furnished to the condominium subdivider who in turn shall provide a copy of such review to each purchaser of a condominium unit prior to the time the sale is completed.
κ1973 Statutes of Nevada, Page 1169 (CHAPTER 664, SB 442)κ
3 shall be furnished to the condominium subdivider who in turn shall provide a copy of such review to each purchaser of a condominium unit prior to the time the sale is completed. No statement of approval or review as required in subsection 3 is a warranty or representation in favor of any person as to the safety or quantity of such water.
Sec. 3. NRS 278.420 is hereby amended to read as follows:
278.420 The following certificates and acknowledgments shall appear on the final map and may be combined where appropriate:
1. A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map. A lien for state, county, municipal or local taxes and for special assessments or beneficial interest under trust deeds or trust interests under bond indentures shall not be deemed to be an interest in land for the purpose of this section. Any map including territory originally patented by the United States or the State of Nevada, under patent reserving interest to either or both of the entities, may be recorded under the provisions of NRS 278.010 to 278.630, inclusive, without the consent of the United States or the State of Nevada thereto, or to dedications made thereon. Signatures required by this section of parties owning rights-of-way, easements or reversions which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value, and which signatures it is impossible or impracticable to obtain, may be omitted if the names of such parties and the nature of their interest is endorsed on the map, together with a reasonable statement of the circumstances preventing the procurement of such signatures.
2. A certificate, signed and acknowledged as above, offering for dedication for certain specified public uses (subject to such reservations as may be contained in any such offer of dedication) those certain parcels of land which the parties desire so to dedicate. The certificate may state that any certain parcel or parcels are not offered for dedication; but a local ordinance may require as a condition precedent to the approval of any final map that any or all of the parcels of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels other than streets intended for the exclusive use of the lot owners in such subdivision, their licensees, visitors, tenants and servants.
3. A certificate for execution by the clerk of each approving governing body stating that the body approved the map and accepted or rejected on behalf of the public any parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication.
4. A certificate signed and acknowledged by all parties having any record title in the land subdivided, evidencing their grant of permanent easements for utility installations and access, as designated on the map, together with a statement approving such easements, signed by each public utility company or agency in whose favor the easements are created or whose utility services are to be required for the platted parcels.
5. A certificate by the engineer or surveyor responsible for the survey and final map, giving the date of the survey and stating that the survey was made by him or under his direction, and that the survey is true and complete as shown. The certificate shall also state that the monuments are of the character and occupy the positions indicated, or that they will be set in such positions and at such time as is agreed upon under the provisions of NRS 278.400.
κ1973 Statutes of Nevada, Page 1170 (CHAPTER 664, SB 442)κ
are of the character and occupy the positions indicated, or that they will be set in such positions and at such time as is agreed upon under the provisions of NRS 278.400.
6. A certificate by the county surveyor if a subdivision lies within an unincorporated area, and if a subdivision lies within a city, a certificate by the city engineer or by the county surveyor when for that purpose appointed by the governing body of the city, stating that he has examined the final map, that the subdivision as shown thereon is substantially the same as it appeared on the tentative map, and any approved alterations thereof, that all provisions of NRS 278.010 to 278.630, inclusive, and of any local ordinance applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is technically correct.
7. A certificate by the health division of the department of health, welfare and rehabilitation showing that the health division approved the final map concerning sewage disposal, water pollution, water quality and, subject to [confirmation] review by the state engineer, water quantity.
8. A copy of the review of the state engineer required by subsection 6 shall be furnished to the subdivider who in turn shall provide a copy of such review to each purchaser of land prior to the time the sale is completed. No statement of approval or review as required in subsection 6 is a warranty or representation in favor of any person as to the safety or quantity of such water.
Sec. 4. NRS 535.040 is hereby amended to read as follows:
535.040 1. The provisions of NRS 535.010 to 535.030, inclusive, shall not be construed as creating any liability for damages against the state or against its officers, agents and employees.
2. No action may be brought under the provisions of NRS 535.010 to 535.030, inclusive, which is based upon:
(a) Failure to inspect any dam or the construction of any dam to determine any hazards, deficiencies or other matters, whether or not there is a duty to inspect; or
(b) Failure to discover such hazard, deficiency or other matter, whether or not an inspection is made.
Sec. 5. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 313Senators Close, Blakemore, Raggio and Swobe
CHAPTER 665
AN ACT relating to provisional remedies; providing the constitutional requirements of notice and hearing in attachment and garnishment; providing other substantive and technical changes; 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 31.010 is hereby amended to read as follows:
31.010 The plaintiff at the time of issuing the summons, or at any time [afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment, as hereinafter provided, in the following cases:
κ1973 Statutes of Nevada, Page 1171 (CHAPTER 665, SB 313)κ
time [afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment, as hereinafter provided, in the following cases:
1. In an action upon a judgment or upon a contract, express or implied, for the direct payment of money, which is not secured by mortgage, lien or pledge upon real or personal property situated or being in this state; or if originally so secured, when such security has, without any act of the plaintiff or the person to whom the security was given, become valueless or insufficient in value to secure the sum due the plaintiff, in which case the attachment shall issue only for the unsecured portion of the amount due the plaintiff, or excess of the amount due the plaintiff above the value of the security as the same has become so insufficient.
2. In an action against a defendant not residing in this state.
3. In an action by a resident of this state for the recovery of the value of property, where such property has been converted by a defendant without the consent of the owner.
4. Where a defendant has absconded, or is about to abscond with the intent to defraud his creditors.
5. Where a defendant conceals himself so that service of summons cannot be made upon him.
6. Where a defendant is about to remove his property, or any part thereof, beyond the jurisdiction of the court, with the intent to defraud his creditors.
7. Where a defendant is about to convert his property, or any part thereof, into money, with the intent to place it beyond the reach of his creditors.
8. Where a defendant has assigned, removed, disposed of, or is about to dispose of his property, or any part thereof, with the intent to defraud his creditors.
9. Where a defendant has fraudulently or criminally contracted the debt or incurred the obligation for which suit has been commenced.] thereafter, may apply to the court for an order directing the clerk to issue a writ of attachment and thereby cause the property of the defendant to be attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment as provided in this chapter.
Sec. 2. Chapter 31 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. The court may after notice and hearing, order the clerk to issue a writ of attachment in the following cases:
1. In an action upon a judgment or upon a contract, express or implied, for the direct payment of money:
(a) If the judgment is not a lien upon or the contract is not secured by mortgage, lien or pledge upon real or personal property situated in this state; or
(b) If such lien or security has, without any act of the plaintiff or the person to whom the security was given, become valueless or insufficient in value to secure the sum due the plaintiff, in which case the attachment shall issue only for the unsecured portion of the amount due the plaintiff, which is equal to the excess of the amount due the plaintiff above the value of the security.
κ1973 Statutes of Nevada, Page 1172 (CHAPTER 665, SB 313)κ
which is equal to the excess of the amount due the plaintiff above the value of the security.
2. In any case where the attachment of the property of the defendant is allowed pursuant to this chapter or other provision of law.
3. In any other case where the court finds that extraordinary circumstances exist which will make it improbable for the plaintiff to reach the property of the defendant by execution after the judgment has been entered.
Sec. 4. The court may order the writ of attachment issued without notice to the defendant only in the following cases:
1. In an action by a resident of this state against a defendant not residing in this state. For purposes of this subsection only, domestic corporations and foreign corporations who are doing business in this state and who have qualified to do business in this state as required in chapter 80 of NRS shall be deemed residents of this state. Alien corporations and foreign corporations who have not qualified to do business shall be deemed nonresidents.
2. In an action upon a foreign judgment for the direct payment of money.
3. In an action for the recovery of the value of personal property, where such personal property is owned by the plaintiff and has been taken or converted by the defendant without the consent of the plaintiff.
4. In an action by a resident of this state, where the defendant is about to remove his money or property, or any part thereof, from this state, and the defendants property which may remain within this state, if any, will be insufficient to satisfy plaintiffs claim. For purposes of this subsection only, a foreign corporation qualified to do business in this state as provided in chapter 80 of NRS shall be deemed a resident of this state.
5. Where the defendant is about to give, assign, hypothecate, pledge, dispose of or conceal his money or property or any part thereof and the defendants money or property remaining in this state or that remaining unconcealed will be insufficient to satisfy the plaintiffs claim.
6. In an action for the recovery of money or property, or the proceeds thereof, obtained from the plaintiff by the defendant through embezzlement, forgery, larceny or extortion.
7. In an action brought under chapter 112 of NRS.
8. In an action by the state, or a political subdivision thereof, brought under chapter 130 of NRS.
9. In an action where jurisdiction in this state can only be obtained by the attachment of the defendants property.
Sec. 5. NRS 31.020 is hereby amended to read as follows:
31.020 [The clerk of the court shall issue the writ of attachment upon receiving and filing an affidavit by or on behalf of the plaintiff showing the nature of the plaintiffs claim, that same is just, the amount which the affiant believes the plaintiff is entitled to recover, and the existence of any one of the grounds for an attachment enumerated in NRS 31.010.]
1. All applications to the court for an order directing the clerk to issue a writ of attachment without notice to the defendant shall be accompanied by the affidavit of the plaintiff or any other person having personal knowledge of the facts constituting one or more of the grounds for attachment, which affidavit or affidavits shall:
κ1973 Statutes of Nevada, Page 1173 (CHAPTER 665, SB 313)κ
knowledge of the facts constituting one or more of the grounds for attachment, which affidavit or affidavits shall:
(a) Set forth clearly the nature of the plaintiffs claim for relief and that the same is valid.
(b) Set forth the amount which the affiant believes the plaintiff is entitled to recover from the defendant, and if there is more than one plaintiff or more than one defendant, the amount the affiant believes each plaintiff is entitled to recover or the amount that the plaintiff is entitled to recover from each defendant.
(c) Describe in reasonable and clear detail all the facts which show the existence of any one of the grounds for an attachment without notice to the defendant.
(d) Describe in reasonable detail the money or property sought to be attached and the location thereof if known.
(e) If the property sought to be attached is other than money, set forth to the best knowledge and information of the affiant, the value of such property less any prior liens or encumbrances.
(f) Name all third persons upon whom a writ of garnishment in aid of the writ of attachment will be served.
(g) In an action upon a foreign judgment attach a copy of the judgment to the affidavit for attachment as an exhibit.
(h) State whether, to the best information and belief of the affiant, the money or property sought to be attached is exempt from execution.
2. All applications to the court for an order directing the clerk to issue a writ of attachment with notice to the defendant shall be accompanied by an affidavit setting forth the item required by subsection 1, except that such affidavit may show the existence of any one of the grounds for attachment with notice.
Sec. 6. Chapter 31 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 9, inclusive, of this act.
Sec. 7. The court shall, without delay, examine the plaintiffs application and affidavit and receive additional evidence if necessary, and shall order the clerk to issue a writ of attachment without notice to the defendant if:
1. The plaintiffs affidavit, alone or as supplemented by additional evidence, meets the requirements of subsection 1 of NRS 31.020; and
2. The court determines, specifically, that there exist one or more grounds for attachment without notice as indicated in such affidavit or by additional evidence.
Sec. 8. If the plaintiffs application is for an order directing the clerk to issue a writ of attachment after notice and hearing, and the plaintiffs affidavit, alone or as supplemented by additional evidence received by the court, meets the requirements of subsection 2 of NRS 31.020, the court shall issue an order directed to the debtor to show cause why the order for attachment should not be issued. Such order shall:
1. Fix the date and time for hearing on the order, which shall not be set sooner than 3 days after the service of the order.
2. Direct the time within which service of the order shall be made upon the defendant or his attorney.
3. Fix the manner in which service of the order shall be made, which may be personal service upon the defendant or service upon his attorney.
κ1973 Statutes of Nevada, Page 1174 (CHAPTER 665, SB 313)κ
may be personal service upon the defendant or service upon his attorney. If such service cannot be made, service may be by publication or in such manner as the court determines is reasonably calculated to afford notice to the defendant under the circumstances set forth in the plaintiffs affidavit.
4. State that the debtor has the right to file affidavits on his behalf and may appear personally or by way of an attorney, and present testimony on his behalf at the time of hearing.
5. State that if the defendant fails to appear he shall be deemed to have waived his right to the hearing and that in such case the court may order the clerk to issue a writ of attachment.
Sec. 9. A hearing on the order to show cause shall be conducted by the court without a jury. The court at such hearing shall consider all affidavits, testimony and other evidence presented and shall make a determination of the probable validity of the plaintiffs underlying claim against the defendant. If the court determines such claim is probably valid it shall order the clerk to issue a writ of attachment.
Sec. 10. NRS 31.030 is hereby amended to read as follows:
31.030 1. [Before issuing the writ, the clerk shall require a written undertaking on the part of the plaintiff payable in lawful money of the United States, in a sum not less than $200, and not less than one-fourth of the amount claimed by plaintiff.] The court, in its order for attachment, shall require a written undertaking on the part of the plaintiff payable in lawful money of the United States in a sum not less than the amount claimed by the plaintiff or the value of the property to be attached, whichever is less, with two or more sureties to the effect that if the plaintiff dismiss such action or if the defendant recover judgment the plaintiff will pay in lawful money of the United States all costs that may be awarded to the defendant, and all damages which [he] the defendant may sustain by reason of the attachment including attorneys fees, not exceeding the sum specified in the undertaking. Each of the sureties shall annex to the undertaking an affidavit that he is a resident and householder or freeholder within the state, and worth double the sum specified in the undertaking over and above all his debts and liabilities, exclusive of property exempt from execution. [Upon showing by the defendant after notice to the plaintiff, the court may require an additional bond.] In the case of an attachment issued with notice to the defendant, or in any case upon showing by the defendant after notice to the plaintiff, the court may require an additional bond. No bond may be required of the state or of an officer or agency thereof.
2. [If the value of the property to be attached is less than the amount of the claim, the court may by written order, on ex parte application of the plaintiff accompanied by the affidavit of the plaintiff, direct the issuance of the writ on the filing of an undertaking in a sum based on the value of the property but not less than $200.] Before issuing the writ of attachment the clerk shall require the filing by the plaintiff of the written undertaking required by the court pursuant to subsection 1.
3. At any time after the issuing of the attachment, but not later than 5 days after actual notice of the levy thereof, the defendant may except to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them.
κ1973 Statutes of Nevada, Page 1175 (CHAPTER 665, SB 313)κ
waived all objections to them. When excepted to, the plaintiffs sureties, within 5 days from service of written notice of exception, upon notice to the defendant of not less than 2 nor more than 5 days, must justify before the judge, justice, or clerk of the court in which the action is pending; and upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the writ of attachment must be vacated.
Sec. 11. Chapter 31 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The court or judge issuing any order for attachment with or without notice shall set forth in the order:
1. The ground or grounds for attachment relied upon for the issuance of the order.
2. The facts or reasons why the court believes the ground or grounds exist.
3. The fact that the plaintiff has alleged a meritorious claim for relief.
4. The amount for which the attachment will issue.
5. The amount of security which must be given by the plaintiff before the writ will issue.
6. The names of all third persons upon whom writs of garnishment in aid of attachment may be served.
7. A description in reasonable detail of the money or property to be attached, and, if property, the value of the property based upon the evidence or affidavits presented to the court. The writ of attachment shall demand the amount for which attachment will issue, as specified in the order, and the court may order several writs to be issued at the same time to the sheriffs of different counties.
Sec. 12. NRS 31.040 is hereby amended to read as follows:
31.040 The writ shall be directed to the sheriff of any county in which property of such defendant may be, and require him to attach and safely keep all the money or property of such defendant described in the order for attachment, within his county not exempt from execution, or so much thereof as may be sufficient to satisfy the [plaintiffs demand, the amount of which shall be stated in conformity with the complaint,] amount demanded by the writ of attachment, whichever is less, unless the defendant [give] gives him security by the undertaking of at least two sufficient sureties in an amount [sufficient to satisfy such demand, besides costs, in the money or currency of the contract, in which case to take such undertaking. Several writs may be issued at the same time to the sheriffs of different counties.] equal to the amount demanded by the writ or the value of the property levied upon, whichever is less, apart from costs, in lawful money of the United States, in which case the writ shall require the sheriff to take such undertaking.
Sec. 13. NRS 31.050 is hereby amended to read as follows:
31.050 Subject to the order for attachment and the provisions of chapter 104 of NRS, the rights of shares which the defendant may have in the stock of any corporation or company, together with the interest and profits therein, and all debts due such defendant, and all other property in this state of such defendant not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution.
κ1973 Statutes of Nevada, Page 1176 (CHAPTER 665, SB 313)κ
attached, and if judgment be recovered, be sold to satisfy the judgment and execution.
Sec. 14. NRS 31.060 is hereby amended to read as follows:
31.060 The sheriff to whom the writ is directed and delivered shall execute the same without delay, and if the undertaking mentioned in NRS 31.040 be not given, as follows:
1. Real property shall be attached by leaving a copy of the writ with the occupant thereof, or, if there be no occupant, by posting a copy in a conspicuous place thereon, and filing a copy, together with a description of the property attached, with the recorder of the county.
2. Personal property [capable of manual delivery] shall be attached:
(a) By taking it into immediate custody; or
(b) [If it belongs to] By placing a keeper in charge of a going business [and the defendant consents, by placing a keeper in charge of such property for a period of at least 2 days,] where such property is located, with the plaintiff prepaying the expense of such keeper to the sheriff, [:
(1) During] during which period, the defendant, by order of the court or the consent of the plaintiff, may continue to operate in the ordinary course of business at his own expense if all sales are for cash and the full proceeds are paid to the keeper for the purpose of the attachment. [; and
(2) After which period, the sheriff shall take such property into his immediate custody unless other disposition is made by the court or the parties to the action.]
3. Any mobile home, as defined in [chapter 484 of NRS,] NRS 40.215, shall be attached by:
(a) Posting a copy of the writ in a conspicuous place thereon; or
(b) Taking it into immediate custody; or
(c) Placing a keeper in charge of such mobile home for a period of 2 days, with the plaintiff prepaying the expense of such keeper to the sheriff:
(1) During which period, the defendant may continue to occupy such mobile home; and
(2) After which period, the sheriff shall take such mobile home into his immediate custody unless other disposition is made by the court or the parties to the action.
4. Debts and credits, due or to become due, and other personal property [, not capable of manual delivery, shall be attached by leaving with the person owing such debts, or having in his possession, or under his control, such credits or other personal property, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession or under his control, belonging to the defendant, are attached in pursuance of such writ.
5. Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United States of America, or other personal property held by such bank not capable of manual delivery, shall be attached, garnisheed or executed upon by serving a copy of the writ and a notice that the debts owing by it to the defendant, or the credits and other personal property in its possession, or under its control, belonging to the defendant, are attached, garnisheed or executed upon in pursuance of such writ.
κ1973 Statutes of Nevada, Page 1177 (CHAPTER 665, SB 313)κ
to the defendant, or the credits and other personal property in its possession, or under its control, belonging to the defendant, are attached, garnisheed or executed upon in pursuance of such writ. The writ and notice shall be served on one of the following officers of the bank:
(a) If the bank has no branches, trust department or military facility, service shall be effected by leaving a copy of the writ and notice with the president, vice president, assistant vice president, cashier, assistant cashier, manager or other managing officer in charge of the bank owing such debts, or having in its possession or under its control such credits or other personal property.
(b) If the bank has branches or military facilities owing such debts or having in its possession or under its control such credits or other personal property, service shall be effected by leaving a copy of the writ and notice with the vice president, assistant vice president, assistant cashier, manager or other managing officer in charge of the branch or in charge of the military facility. Service on such officer or agent shall not constitute a valid levy on any debt, credit or other personal property owing by any other branch or military facility.
(c) If the bank has a trust department owing such debts or having in its possession or under its control such credits or other personal property, then service shall be effected by leaving a copy of the writ and notice with the vice president and trust officer, trust officer, assistant trust officer or other managing officer of the trust department.] in the possession or under the control of persons other than the defendant shall be attached by service of a writ of garnishment as provided in NRS 31.240 to 31.460, inclusive, and sections 26 and 32 to 35, inclusive, of this act.
Sec. 15. NRS 31.065 is hereby amended to read as follows:
31.065 1. In cases where the sheriff is instructed to take into possession easily transportable personal property, whether the same is to be placed in a warehouse or in custody of a keeper, the sheriff shall require, as prerequisite to the taking of such property, that in addition to written instructions the plaintiff or his attorney of record deposit with the sheriff a sum of money sufficient to pay the expenses of taking and keeping safely such property for a period not to exceed [15] 30 days.
2. If a further detention of the property is required, the sheriff shall, from time to time, make written demand upon the plaintiff or his attorney for further deposits to cover estimated expenses for periods not to exceed [5] 30 days each. If the attaching party desires to make a greater deposit he may do so. Such demand shall be personally served on the plaintiff or his attorney or left with a responsible person or in a proper receptacle at the office or residence of the plaintiff or his attorney or such demand shall be deposited in the post office in a sealed envelope, as first-class registered or certified mail postage prepaid, addressed to the person on whom it is served or his attorney at his last-known office or place of residence.
3. If the money so demanded is not paid, the sheriff shall notify the defendant within [24 hours] 5 days after funds for storing and handling the property are not longer available and shall release the property to the persons from whom it was taken.
κ1973 Statutes of Nevada, Page 1178 (CHAPTER 665, SB 313)κ
persons from whom it was taken. Failure so to notify the defendant shall impose liability on the sheriff for such expenses unless sufficient funds can be obtained from the plaintiff.
Sec. 16. NRS 31.070 is hereby amended to read as follows:
31.070 1. If the property levied on is claimed by a third person as his property by a written claim verified by his oath or that of his agent, setting out his right to the possession thereof, and served upon the sheriff, the sheriff must release the property if the plaintiff, or the person in whose favor the writ of attachment runs, fails within [5] 7 days after written demand to give the sheriff an undertaking executed by at least two good and sufficient sureties in a sum equal to double the value of the property levied on. If such undertaking be given, the sheriff shall hold the property. The sheriff, however, shall not be liable for damages to any such third person for the taking or keeping of such property if no claim is filed by any such third party.
2. Such undertaking shall be made in favor of and shall indemnify such third person against loss, liability, damages, costs and counsel fees by reason of such seizing, taking, withholding or sale of such property by the sheriff. By entering into such an undertaking the sureties thereunder submit themselves to the jurisdiction of the court and irrevocably appoint the clerk of the court as agent upon whom any papers affecting liability on the undertaking may be served. Liability on such undertaking may be enforced on motion to the court without the necessity of an independent action. The motion and such reasonable notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the sureties if their addresses are known.
3. Exceptions to the sufficiency of the sureties and their justification may be had and taken in the same manner as upon an undertaking given in other cases under Titles 2 and 3 [.] of NRS. If they, or others in their place, fail to justify at the time and place appointed, the sheriff must release the property; but if no exception is taken within [5] 7 days after notice of receipt of the undertaking, the third person shall be deemed to have waived any and all objections to the sufficiency of the sureties.
4. The sheriff may demand and exact the undertaking herein provided for notwithstanding any defect, informality or insufficiency of the verified claim served upon him.
5. Whenever a verified third-party claim is served upon the sheriff upon levy of the writ of attachment, the plaintiff [, or the person in whose favor the writ of attachment runs, shall be] or the third-party claimant is entitled to a hearing within 10 days therefrom before the court having jurisdiction of the action, in order to determine title to the property in question, which hearing must be granted by the court upon the filing of an application or petition therefor. [Five] Seven days notice of such hearing must be given to all parties to the action and all parties claiming an interest in the property, or their attorneys, which notice must specify that the hearing is for the purpose of determining title to the property in question. The court may continue the hearing beyond the 10-day period, but good cause must be shown for any such continuance.
Sec. 17. NRS 31.100 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1179 (CHAPTER 665, SB 313)κ
31.100 [Any] After the writ has been issued, any person owing debts to the defendant or having in his possession or under his control any credits or other personal property belonging to the defendant, may, by subpena, be required to give his deposition or attend before the court, or judge, or a master appointed by the court or judge, and be examined on oath respecting the same. [The] After the writ has been issued, the defendant may also be required to give his deposition or attend for the purpose of giving information respecting his property, and may be examined on oath. The court or judge may, after such examination, order personal property capable of manual delivery to be delivered to the sheriff on such terms as may be just, having reference to any liens thereon or claims against the same, and a memorandum to be given of all other personal property, containing the amount and description thereof.
Sec. 18. NRS 31.110 is hereby amended to read as follows:
31.110 [The sheriff shall make a full inventory of the property attached and return the same with the writ. To enable him to make such returns as to debts and credits attached, he shall request, at the time of service, the party owing the debt or having the credit to give him a memorandum stating the amount and description of each; and if such memorandum be refused, he shall return the fact of refusal with the writ. The party refusing to give the memorandum may be required to pay the costs of any proceeding taken for the purpose of obtaining information respecting the amount and description of such debt or credit.] The sheriff shall return the writ of attachment within 20 days after its receipt, with a certificate of his proceeding endorsed thereon or attached thereto. The certificate shall contain the date, time and place of each levy upon real or personal property, a full inventory of the personal property attached, a description of all real property attached, and the date, time and place where each writ of garnishment was served. The sheriff shall also attach to the writ of attachment a true and correct copy of each writ of garnishment served.
Sec. 19. NRS 31.120 is hereby amended to read as follows:
31.120 If any of the property attached [be] is perishable, the sheriff shall sell [the same] it in the manner [in which such property is sold on execution.] prescribed by the court. The proceeds and other property attached by him shall be retained by him to answer any judgment that may be recovered in the action, unless sooner subject to execution upon another judgment recovered previous to the issuing of the attachment. Debts and credits attached may be collected by him, if the same can be done without suit. The sheriffs receipt shall be a sufficient discharge for the amount paid.
Sec. 20. NRS 31.170 is hereby amended to read as follows:
31.170 If the defendant [recover final] recovers judgment against the plaintiff, [that is, final in the full sense of ending the litigation, whether the judgment becomes final in the trial or the appellate court,] or if the claim for relief upon which the attachment is based is dismissed, then any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriffs hands, shall be delivered to the defendant or his agent [;] , and the order of attachment shall be discharged and the property released therefrom; but [until a judgment in a case becomes final as above stated, the attachment therein shall hold good unless it be otherwise legally released, discharged or dissolved as elsewhere provided in NRS.]
κ1973 Statutes of Nevada, Page 1180 (CHAPTER 665, SB 313)κ
released therefrom; but [until a judgment in a case becomes final as above stated, the attachment therein shall hold good unless it be otherwise legally released, discharged or dissolved as elsewhere provided in NRS.] if an appeal is taken from an order dissolving or discharging the attachment from a final judgment in favor of the defendant or from an order dismissing the claim for relief upon which the attachment is based, the court may, upon such terms as are just, stay or enjoin the release by the sheriff and the dissolution of the writ pending the appeal.
Sec. 21. NRS 31.190 is hereby amended to read as follows:
31.190 1. On granting [such order,] an order for discharge of attachment pursuant to NRS 31.180, the court or the judge shall require an undertaking on behalf of the defendant, with at least two sureties, residents and freeholders, or householders, in the county, which shall be filed:
(a) To the effect, in case the value of the property or the amount of money, debts, or credits sought to be released [shall equal or exceed the amount claimed by the plaintiff in the complaint,] equals or exceeds the demand of the writ, that the defendant will pay to the plaintiff the amount of the judgment which may be recovered in favor of the plaintiff in the action [not exceeding the sum specified in the undertaking, which shall be the amount so claimed by the plaintiff, plus 25 percent, and in the money or currency of the contract;] or the demand of the writ, whichever is less; or
(b) To the effect, in case the value of the property or the amount of money, debts, or credits sought to be released [shall be] is less than the [amount so claimed by the plaintiff,] demand of the writ, that the defendant will pay the amount of [such judgment, to the extent of the value of the property, or amount of] money, debts [,] or credits, or value of the property sought to be released, [not exceeding the sum specified in the undertaking, which shall be at least double the amount of such property, money, debts or credits, or the amount so claimed by the plaintiff, whichever amount is the lesser, and in the money or currency of the contract.] in lawful money of the United States.
2. The value of the property sought to be released, if disputed, shall be determined [, in the money or currency of the contract,] by the court or judge thereof, upon proof or by a sworn appraiser or sworn appraisers, not exceeding three, to be appointed by the court or judge for that purpose.
3. Before filing the undertaking, the defendant shall serve a copy thereof upon the plaintiff, and if the plaintiff require a justification by the sureties, he shall give notice thereof to the defendant within 2 days; or at the time of giving notice of motion for an order to discharge the attachment, the defendant may in his notice name the sureties, and if the plaintiff require them to justify he shall give notice thereof at the hearing of the motion. If required, the sureties shall justify before the court in which the suit is pending, or the judge thereof, after reasonable notice.
Sec. 22. NRS 31.200 is hereby amended to read as follows:
31.200 1. The defendant may also, at any time before trial, apply [upon] by motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to the judge thereof, for a discharge of the attachment, or the money or property attached through the use of a writ of garnishment, on the following grounds:
κ1973 Statutes of Nevada, Page 1181 (CHAPTER 665, SB 313)κ
the attachment, or the money or property attached through the use of a writ of garnishment, on the following grounds:
(a) That the writ was improperly or improvidently issued.
(b) That the property levied upon is exempt from execution [.] or necessary and required by the defendant for the support and maintenance of himself and the members of his family.
(c) That the levy is excessive.
2. If the court or the judge thereof on the hearing of such motion shall find that any of the grounds stated in subsection 1 exist, the attachment and levy thereof shall be discharged. If the motion is based upon paragraph (c) of subsection 1 only, and the [same] fact is found to exist, the discharge of attachment shall be only as to the excess.
Sec. 23. NRS 31.210 is hereby amended to read as follows:
31.210 If the motion [be] is made upon affidavits on the part of the defendant, [but not otherwise,] the plaintiff may oppose [the same] it by affidavits or other evidence, in addition to those on which the writ of attachment was issued.
Sec. 24. NRS 31.220 is hereby amended to read as follows:
31.220 If upon such application it satisfactorily appears that the writ of attachment was improperly, improvidently or irregularly issued, it must be discharged; [but such attachment shall not be discharged if at or before the hearing of such application the writ of attachment or the affidavit or undertaking upon which such attachment was based shall be amended and made to conform to the provisions of this chapter.] but the release of the property shall not be ordered if, at or before the hearing on such application, the court orders a new writ to be issued as provided in sections 8 and 9 of this act, in which case the sheriff shall relevy upon the property under the new writ.
Sec. 25. NRS 31.240 is hereby amended to read as follows:
31.240 At the time of [issuing] the order directing a writ of attachment [in an action,] to issue or at any time thereafter, the [plaintiff may have] court may order that a writ of garnishment issue, and thereupon [attach] cause the money, credits, effects, debts, choses in action and other personal property of the defendant in the possession or under the control of any third person [, as garnishee, for the security of] to be attached as security for any judgment the plaintiff may recover in [such] the action against the defendant.
Sec. 26. Chapter 31 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No writ of garnishment in aid of attachment may issue except on order of the court. The court may order the writ of garnishment to be issued:
(a) In the order directing the clerk to issue a writ of attachment; or,
(b) If the writ of attachment has previously issued without notice to the defendant and the defendant has not appeared in the action, by a separate order without notice to the defendant.
2. The plaintiffs application to the court for an order directing the issuance of a writ of garnishment shall be by affidavit made by or on behalf of the plaintiff to the effect that the affiant is informed and believes that the named garnishee is indebted to or has property in his possession or under his control belonging to the defendant and that such indebtedness or property is, to the best of the knowledge and belief of the affiant, not by law exempt from execution.
κ1973 Statutes of Nevada, Page 1182 (CHAPTER 665, SB 313)κ
that the named garnishee is indebted to or has property in his possession or under his control belonging to the defendant and that such indebtedness or property is, to the best of the knowledge and belief of the affiant, not by law exempt from execution.
3. The affidavit by or on behalf of the plaintiff may be contained in the application for the order directing the writ of attachment to issue or may be filed and submitted to the court separately thereafter.
4. Except as provided in this section, the grounds and procedure for a writ of garnishment are identical to those for a writ of attachment.
Sec. 27. NRS 31.260 is hereby amended to read as follows:
31.260 [The writ of garnishment shall be issued by the officer to whom the writ of attachment is delivered, and may be in substance as follows:
In the ............................. Judicial District Court of the State of Nevada, in and for the County of ..............................
...................................., Plaintiff, vs. ............................., Defendant. The State of Nevada, to .................................., garnishee, Greeting:
You are hereby notified that you are attached as garnishee in the above-entitled action, and you are commanded not to pay any debt due or to become due from yourself to .................................., defendants, or either of them, and that you must retain possession and control of all personal property, effects and choses in action of .................................., defendants, or either of them, in order that the same may be dealt with according to law; you are required to answer the interrogatories attached hereto within 10 days from the date of the service of this writ upon you if you are served in the county in which the action is brought, otherwise within 20 days from the date of such service. In case of your failure within the time aforesaid, the plaintiff may apply to the court for relief against you.
Given under my hand this ................. day of ..................., 19.......]
1. The writ of garnishment shall:
(a) Be issued by the sheriff.
(b) Contain the name of the court and the names of the parties.
(c) Be directed to the garnishee defendant.
(d) State the name and address of the plaintiffs attorney, if any, otherwise the plaintiffs address.
(e) Summon such person or each of such persons as the court may direct, as garnishees, to appear before the court wherein such action is pending by filing an answer to the garnishee interrogatories within 20 days after service of the writ upon him.
2. The writ of garnishment shall also notify the garnishee defendant that, in case of his failure to answer the garnishee interrogatories, a judgment by default will be rendered against him for the amount demanded in the writ of garnishment, or the value of the property described therein as the case may be, which amount or property shall be clearly set forth in the writ of garnishment.
Sec. 28. NRS 31.270 is hereby amended to read as follows:
31.270 [The names of as many individuals, corporations or other persons as are sought to be charged as garnishees may be inserted in the same or different writs of garnishment; and the writ shall be served and returned by the officer issuing the same, in like manner as upon writs of attachment; and in like manner alias writs may be issued, served and returned.]
κ1973 Statutes of Nevada, Page 1183 (CHAPTER 665, SB 313)κ
persons as are sought to be charged as garnishees may be inserted in the same or different writs of garnishment; and the writ shall be served and returned by the officer issuing the same, in like manner as upon writs of attachment; and in like manner alias writs may be issued, served and returned.]
1. The writ of garnishment shall be served by the sheriff of the county where the garnishee defendant is found, unless the court directs otherwise, in the same manner as provided by rule of court or law of this state for the service of a summons in a civil action.
2. At the time of the service of the writ of garnishment, the garnishee shall be paid or tendered by the plaintiff in the action or the officer serving the writ a fee of $5, and unless such sum is paid or tendered to the garnishee defendant or the person upon whom service is made for the garnishee defendant, service shall be deemed incomplete.
Sec. 29. NRS 31.280 is hereby amended to read as follows:
31.280 [It shall not be necessary for the sheriff to return the writ of attachment before serving the writ of garnishment, but the return of the latter writ, showing due service on the person therein named as garnishee, shall give the court jurisdiction to proceed against such garnishee as hereinafter provided.] The sheriffs return of the writ of garnishment showing due service of the writ of garnishment upon one or more garnishee defendants with the payment or tender of the garnishees fees shall give the court jurisdiction to proceed against each such garnishee.
Sec. 30. NRS 31.290 is hereby amended to read as follows:
31.290 [1. The garnishee shall answer the interrogatories in writing upon oath or affirmation; but in no case shall the garnishee be required to answer any interrogatories unless and until he is paid or tendered by the plaintiff in the action or the officer serving the writ a fee of $2, and unless such sum is paid or tendered to him or to the person making the answer in his behalf no answer can be required of such garnishee or any person acting for him. In case such fee is paid or tendered, it is the duty of the officer serving the writ of garnishment to administer such oath or affirmation and to take and return such answer with the writ, or the garnishee after receiving the fees aforesaid may answer in like manner before anyone authorized to administer oaths and affirmations, and in the latter case it shall be the duty of the garnishee to file his answer, or to cause the same to be filed, in the proper court within the proper time required by the writ, or he shall be deemed in default.
2. The interrogatories may be in substance as follows:
(1) Are you in any manner indebted to the defendants, or either of them, either in property or money, and is the same now due? If not due, when is the same to become due? State full particulars.
Answer............................................................................................................................
(2) Have you in your possession, in your charge, or under your control, any property, effects, goods, chattels, rights, credits or choses in action of the defendants, or either of them, or in which he is interested? If so, state what is the value of the same, and state fully all particulars.
Answer............................................................................................................................
I (insert the name of the garnishee), do solemnly swear (or affirm) that the answers to the foregoing interrogatories by me subscribed are true.
κ1973 Statutes of Nevada, Page 1184 (CHAPTER 665, SB 313)κ
that the answers to the foregoing interrogatories by me subscribed are true.
...................................................................... Signature of garnishee.
Subscribed and sworn to before me, this .. day of , 19 ..]
1. The interrogatories to the garnishee may be in substance as follows:
INTERROGATORIES
Are you in any manner indebted to the defendants,...............................................
.......................................................................................................................................................
................................................................................................. , or either of them, either in property or money, and is the same now due? If not due, when is the same to become due? State fully all particulars.
Answer:............................................................................................................................
.......................................................................................................................................................
Have you in your possession, in your charge or under your control, any money, property, effects, goods, chattels, rights, credits or choses in action of said defendants, or either of them, or in which he ... interested? If so, state what is the value of the same, and state fully all particulars.
Answer:............................................................................................................................
.......................................................................................................................................................
Do you know of any debts owing to said defendants, whether due or not due, or any money, property, effects, goods, chattels, rights, credits or choses in action, belonging to ...h ... or in which ...he ... interested, and not in possession or under the control of others? If so, state particulars.
Answer:............................................................................................................................
.......................................................................................................................................................
State your correct name and address, or the name and address of your attorney upon whom written notice of further proceedings in this action may be served.
Answer:............................................................................................................................
.......................................................................................................................................................
.......................................................
Garnishee
I (insert the name of the garnishee), do solemnly swear (or affirm) that the answers to the foregoing interrogatories by me subscribed are true.
.......................................................
(signature of garnishee.)
SUBSCRIBED and SWORN to before me this . day of ., 19 ...
2. The garnishee shall answer the interrogatories in writing upon oath or affirmation and file his answers or cause them to be filed in the proper court within the time required by the writ. If he fails to do so, he shall be deemed in default.
κ1973 Statutes of Nevada, Page 1185 (CHAPTER 665, SB 313)κ
Sec. 31. Chapter 31 of NRS is hereby amended by adding thereto the provisions set forth as sections 32 to 35, inclusive, of this act.
Sec. 32. 1. Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United States of America, or other personal property held by such bank shall be garnished by serving a copy of the writ of garnishment on one of the following officers of the bank:
(a) If the bank has no branches, trust department or military facility, on the president, vice president, assistant vice president, cashier, assistant cashier, manager or other managing officer in charge of the bank owing such debts, or having in its possession or under its control such credits or other personal property.
(b) If the bank has branches or military facilities owing such debts or having in its possession or under its control such credits or other personal property, on the vice president, assistant vice president, assistant cashier, manager or other managing officer in charge of the branch or in charge of the military facility. Service on such officer or agent shall not constitute a valid levy on any debt, credit or other personal property owing by any other branch or military facility.
(c) If the bank has a trust department owing such debts or having in its possession or under its control such credits or other personal property, on the vice president and trust officer, trust officer, assistant trust officer or other managing officer of the trust department.
2. Debts and credits due or to become due from a savings and loan association incorporated under the laws of the State of Nevada or the laws of the United States of America or other personal property and choses in action held by such savings and loan association shall be garnished by serving the writ of garnishment in like manner as upon banks under subsection 1.
Sec. 33. 1. Clerks of the courts, sheriffs, justices of the peace, peace officers and all other officers who may, by virtue of their office, collect or hold money belonging to a defendant and all guardians, attorneys and trustees are subject to garnishment in the same manner and to the same extent as other persons are subject to be garnished.
2. Executors and administrators may be garnished for debts due by the legatees or distributees, but no judgment may be rendered against them until a settlement is made of the estate, unless they assent to the legacy or admit assets to pay the amount claimed, or some portion thereof, out of the distributive share of the debtor.
Sec. 34. Any creditor of a corporation may, by garnishment, subject the unpaid subscription of any stockholder in such corporation to the payment of its debts.
Sec. 35. Money, property, demands, debts, claims, choses in action and any other property which is subject to garnishment may be reached and subjected even though another action is pending thereon. If the other action is not pending in the court from which the garnishment issues, the court, on proof by the garnishee of the pendency of the other action, must stay such proceedings against such garnishee until notified that a final judgment has been rendered. Upon such notification the court shall make an appropriate order, according to the judgment, in favor of the defendant for the use of the plaintiff or in favor of the garnishee defendant.
κ1973 Statutes of Nevada, Page 1186 (CHAPTER 665, SB 313)κ
for the use of the plaintiff or in favor of the garnishee defendant. The judgment, if rendered against the garnishee, acquits him from all demands by the defendant for all money, property, goods, effects and credits paid, delivered or accounted for by the garnishee by force of such judgment.
Sec. 36. NRS 31.300 is hereby amended to read as follows:
31.300 1. If the answer of the garnishee shows that he has personal property of any kind in his possession, or under his control, belonging to the defendant, the court, upon application of the plaintiff with written notice to the garnishee at the address supplied on the answers to the interrogatories or to the attorney for the garnishee, shall enter judgment that the garnishee deliver the same to the sheriff, and if the plaintiff recover judgment against the defendant in the action, such property or so much thereof as may be necessary shall be sold as upon execution, and the proceeds applied toward the satisfaction of such judgment, together with the costs of the action and proceedings, and if there be a surplus of such property, or of the proceeds thereof, it shall be restored to the defendant.
2. If the answer shows that the garnishee is in possession of money, debts, credits or choses in action, or has any of such items under his control, or is in any way indebted to the defendant, then, if the plaintiff recover judgment against the defendant in the action, the court shall also, upon application of the plaintiff with written notice to the garnishee or his attorney in the manner provided in subsection 1, enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for the amount of the indebtedness, choses in action, debts or credits admitted in the answer; but the judgment against the garnishee shall not be for a greater sum than is necessary to satisfy the judgment of the plaintiff against the defendant, together with costs as aforesaid; and in no case shall the garnishee be chargeable with costs unless his answer shall be successfully controverted as hereinafter provided.
Sec. 37. NRS 31.310 is hereby amended to read as follows:
31.310 1. Subject to order of the court, a garnishee defendant, upon whom a writ of garnishment has been duly served, shall not pay any debt due or to become due to the defendant and must retain in his possession and control, or deliver to the sheriff as provided herein, all personal property, effects, goods, chattels, rights, debts, credits or choses in action of the defendant.
2. In all cases the garnishee, upon [making answer,] the filing of his answers to the garnishee interrogatories, may deliver to the sheriff or the officer serving the writ the property belonging to the defendant, together with the money due to the defendant, [as shown by the answer,] and the sheriff or officer shall [make return of such property and money with the writ to the court, to be dealt with as provided in NRS 31.300;] give the garnishee defendant a receipt therefor, and thereupon the garnishee [shall be] is relieved from further liability in the proceedings, unless his answer [shall be] is successfully controverted. [as hereinafter provided.]
3. The sheriff or officer shall hold such property and money to be dealt with as provided in NRS 31.300 and shall, by certificate, make return to the court showing the receipt thereof specifically describing such money and property and setting forth the date and time of its receipt.
κ1973 Statutes of Nevada, Page 1187 (CHAPTER 665, SB 313)κ
receipt. The certificate shall form a part of the return of the writ of garnishment.
Sec. 38. NRS 31.320 is hereby amended to read as follows:
31.320 1. If the garnishee [, having] has been duly served with the writ of garnishment and interrogatories, and [having] been paid or tendered the fee of [$2,] $5, and the fact of such payment or tender is duly certified by the officer who served the writ over his official signature, or such fact is made to appear by the person serving the writ under oath, [by affidavit, and after such payment or tender, when duly certified or proved as above provided, fails] but the garnishee fails, neglects or refuses to answer the interrogatories [,] within the time required, the [plaintiff may commence an action against him in the manner other civil actions are commenced to recover a judgment against such garnishee. The plaintiff may, prior to the institution of such action, have a citation issued out of the court and served upon the garnishee requiring him to appear before the court for examination and to testify as to any liability upon his part to the defendant in the action and may likewise require other witnesses upon subpena to appear at the same time and testify as to such liability. Upon the complaint and summons being served upon the garnishee, the action shall proceed as in other civil cases. If the plaintiff obtain a verdict or decision against the garnishee, the plaintiff may have judgment entered the same as if the garnishee had answered in accordance with such verdict or decision; and if a verdict or decision charge the garnishee with any liability, the plaintiff may recover costs of the proceedings against the garnishee.] court shall, upon application therefor by the plaintiff with at least 5 days notice of the hearing upon such application given to each defendant who has appeared in the action, enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for value of the property or amount of money specified in the writ of garnishment.
2. On motion and upon such terms as are just, the court may relieve a garnishee defendant or his legal representative from any final judgment against such garnishee defendant for the same reasons and upon the same terms and conditions as provided for by rule of court for relief from a judgment or order in civil cases.
Sec. 39. NRS 31.330 is hereby amended to read as follows:
31.330 If the garnishee [answer,] answers as required by the writ, the plaintiff may, within [10] 20 days after the expiration of the time allowed for the filing of such answer, reply to the whole or any part thereof by an affidavit traversing the same; the plaintiff may also in his reply allege any matters which would charge the garnishee with liability according to the provisions of this chapter, and such affidavit may be upon information and belief. If the plaintiff [fail] fails to reply within the time aforesaid, he shall be deemed to have accepted the answer of the garnishee as true, and judgment may be entered accordingly.
Sec. 40. NRS 31.340 is hereby amended to read as follows:
31.340 New matter in the affidavit replying to the answer of the garnishee shall be taken as denied or avoided, and the matter thus at issue without further pleadings shall be tried in the same manner as other issues of like nature, and upon the verdict or finding thereon, judgment shall be entered the same as if the garnishee had answered according to such verdict or finding; but if the verdict or finding [be] is as favorable to the garnishee as his answer, he shall recover costs of the proceeding against the plaintiff, together with a reasonable attorneys fee, otherwise the plaintiff [may] shall recover costs against the garnishee [.]
κ1973 Statutes of Nevada, Page 1188 (CHAPTER 665, SB 313)κ
shall be entered the same as if the garnishee had answered according to such verdict or finding; but if the verdict or finding [be] is as favorable to the garnishee as his answer, he shall recover costs of the proceeding against the plaintiff, together with a reasonable attorneys fee, otherwise the plaintiff [may] shall recover costs against the garnishee [.] , together with a reasonable attorneys fee.
Sec. 41. NRS 31.350 is hereby amended to read as follows:
31.350 When the answer of the garnishee [shall disclose] discloses that any other person than the defendant claims the indebtedness or property in his hands, and the name and [residence] address of such claimant, the court [may] shall, on motion and notice to all parties to the action including the garnishee defendant, order that such claimant be interpleaded as a defendant to the garnishee action; and that notice thereof, setting forth the facts, with a copy of such order, in such form as the court shall direct, be served upon him, and that after such service shall have been made, the garnishee may pay or deliver to the officer or the clerk such indebtedness or property, and have a receipt therefor, which shall be a complete discharge from all liability to any party for the amount so paid or property so delivered. Such notice shall be served in the manner required for service of a summons in a civil action. Upon such service being made, such claimant shall be deemed a defendant to the garnishee action, and shall answer within [10] 20 days, setting forth his claim, or any defense which the garnishee might have made. In case of default, judgment may be rendered which shall conclude any claim upon the part of such defendant.
Sec. 42. NRS 31.380 is hereby amended to read as follows:
31.380 If the person summoned as garnishee is discharged for any reason, except the payment by him of the money or property he holds for the benefit of the defendant, the judgment shall be no bar to an action brought against him by the defendant for the same demand.
Sec. 43. NRS 31.450 is hereby amended to read as follows:
31.450 Any person having a judgment remaining unsatisfied in any court of record in the state, upon which execution has been issued and delivered, and which remains in the hands of the proper officer uncollected and unsatisfied, may, without application to the court, have a writ of garnishment issued, and thereupon attach the credits, effects, debts, choses in action and other personal property of the judgment debtor in the possession or under the control of any third person as garnishee, for the security of such judgment, and all rights, remedies and proceedings under this chapter are hereby made [specially] specifically available and applicable for the relief and security of such judgment creditor, the same as for a plaintiff in attachment, and the same are also made especially available and applicable for the protection and security of the judgment debtor and the garnishee, the same as for the defendant and garnishee in attachment; and the forms of all affidavits, interrogatories, writs, answers, oaths, orders, trials, judgments and other process and proceedings hereinbefore provided for cases of garnishment before judgment, with appropriate variations, shall apply to cases of garnishment after judgment; and all courts shall be liberal in allowing amendments, and in construing this chapter so as to promote the objects thereof.
κ1973 Statutes of Nevada, Page 1189 (CHAPTER 665, SB 313)κ
Sec. 44. NRS 71.090 is hereby amended to read as follows:
71.090 The provisions of chapter 31 of NRS [31.050 to 31.230, inclusive,] are applicable to attachments issued in justices courts, the word constable being substituted for the word sheriff, whenever the writ is directed to a constable, and the word justice being substituted for the word judge.
Sec. 45. NRS 31.080, 31.090, 31.230, 31.250, 31.315, 31.430, 31.440, 71.060, 71.070 and 71.080 are hereby repealed.
Sec. 46. This act shall become effective upon passage and approval.
________
Senate Bill No. 467Senator Drakulich
CHAPTER 666
AN ACT relating to liability of lenders; limiting liability of lenders financing the design, manufacture, construction, repair, modification or improvement of real or personal property; 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 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A lender who makes a loan of money, the proceeds of which are used or may be used by the borrower to finance the design, manufacture, construction, repair, modification or improvement of real or personal property, shall not be held liable to the borrower or to third persons for any loss or damage occasioned by any defect in the real or personal property so designed, manufactured, constructed, repaired, modified or improved or for any loss or damage resulting from the failure of the borrower to use due care in the design, manufacture, construction, repair, modification or improvement of such real or personal property, unless the loss or damage is the result of some other action or activity of the lender than the loan transaction.
Sec. 2. Section 1 of this act does not apply to any cause of action which may have arisen prior to July 1, 1973.
________
κ1973 Statutes of Nevada, Page 1190κ
Senate Bill No. 646Committee on Finance
CHAPTER 667
AN ACT relating to the Pyramid Lake project of the desert research institute of the University of Nevada; making an appropriation to enable the desert research institute to continue such project.
[Approved April 27, 1973]
Whereas, For the last several years the desert research institute has been conducting a research project known as the Pyramid Lake project in the Sierra Nevada mountains; and
Whereas, The purpose of the Pyramid Lake project is to make more water available for Pyramid Lake and the other areas of Nevada supplied by the Truckee River; and
Whereas, This purpose will be accomplished by a program of weather modification and management, parts of which are commonly known as cloud seeding, whereby the snowpack in the mountains is increased, thus increasing the amount of water in Lake Tahoe and the flow of water in the Truckee River; and
Whereas, The Pyramid Lake project has previously been funded by the Bureau of Reclamation of the United States Department of the Interior for $265,000 a year; and
Whereas, The Bureau of Reclamation has recently informed the desert research institute that future funding will be limited to $180,000 a year; and
Whereas, The Pyramid Lake project is showing encouraging indications of its success, but this success cannot be continued without adequate funding; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby appropriated from the general fund in the state treasury to the department of conservation and natural resources the sum of $80,000 for the fiscal year 1973-1974 and the sum of $80,000 for the fiscal year 1974-1975 to be disbursed by the director of the department of conservation and natural resources as provided in subsection 2.
2. The director of the department of conservation and natural resources shall use so much of the moneys appropriated in subsection 1 as are necessary to enable the desert research institute of the University of Nevada to continue its research project in weather modification and management known as the Pyramid Lake project.
3. Any unused and unencumbered moneys appropriated in subsection 1 for the fiscal year 1973-1974 which are remaining at the end of such fiscal year shall be transferred to and may be used in the 1974-1975 fiscal year.
________
κ1973 Statutes of Nevada, Page 1191κ
Senate Bill No. 636Committee on Finance
CHAPTER 668
AN ACT appropriating moneys from the general fund and the fish and game fund in the state treasury for the support of the state planning board in carrying out a program of capital improvements for the State of Nevada; stating the powers, duties and responsibilities of the state planning board; and providing other matters properly relating thereto.
[Approved April 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. As used in this act, project number refers to the number of the project assigned by the state planning board in its recommended capital improvements program for the 1973-1975 biennium, submitted to the governor and to the legislature on January 2, 1973, and thereafter pursuant to the provisions of NRS 341.160.
Sec. 2. 1. There is hereby appropriated from the general fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements set forth in sections 3 to 17, inclusive, of this act, the sum of $10,826,250.
2. There is hereby appropriated from the revenue sharing trust fund created pursuant to Assembly Bill No. 451 of the 57th session of the legislature for the support of the state planning board in carrying out the program of capital improvements set forth in sections 3 and 4 of this act, the sum of $4,824,150. For accounting and reporting purposes, the sum appropriated by this subsection shall be considered to be expended prior to the sum appropriated in subsection 1.
Sec. 3. The sum of $2,817,000 of the moneys appropriated in subsections 1 and 2 of section 2 of this act is hereby allocated for the following capital improvements at the Nevada state prison, Carson City, Nevada:
1. Improvements, medium security prison (project No. 73-1).
2. Kitchen and dining hall addition, womens prison (project No. 73-6).
Sec. 4. The sum of $2,626,000 of the moneys appropriated in subsections 1 and 2 of section 2 of this act is hereby allocated for the following capital improvements at the Nevada mental health institute, Washoe County, Nevada:
1. Security unit, mental health institute, Sparks (project No. 73-3).
2. Improvements, phase I, mental health institute, Sparks (project No. 73-11).
3. Improvements, phase II, mental health institute, Sparks (project No. 73-16).
Sec. 5. The sum of $990,000 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for the construction of an emotionally disturbed childrens facility, at the Las Vegas mental health center, Las Vegas, Nevada (project No. 73-2).
Sec. 6. The sum of $188,300 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for the construction of street improvements in the City of Sparks and Las Vegas, Nevada (project No. 73-4). Upon completion of the street improvements, the state land register, on behalf of the State of Nevada, notwithstanding the provisions of NRS 232.158 or any other provision of law, shall convey by deed to the City of Sparks and the City of Las Vegas the property improved.
κ1973 Statutes of Nevada, Page 1192 (CHAPTER 668, SB 636)κ
land register, on behalf of the State of Nevada, notwithstanding the provisions of NRS 232.158 or any other provision of law, shall convey by deed to the City of Sparks and the City of Las Vegas the property improved.
Sec. 7. The sum of $259,000 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for improvements at the Nevada youth training center, Elko, Nevada (project No. 73-5).
Sec. 8. The sum of $3,937,500 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for the following improvements in the capitol complex, Carson City, Nevada:
1. Improvements, computer facility (project No. 73-7).
2. Improvements, capitol complex, Carson City (project No. 73-8).
3. State office building and land acquisition, Carson City (project No. 73-13).
4. Rejuvenate landscape, capitol building grounds (project No. 73-A3).
5. Repaint exterior of the capitol and octagon building (project No. 73-A4).
6. Removal of access barriers on state buildings (project No. 73-A7).
Sec. 9. The sum of $219,400 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for the construction of storage and office space at the Las Vegas mental health center and mental retardation cottages, Las Vegas, Nevada (project No. 73-9).
Sec. 10. The sum of $244,000 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for the construction of a recreation building, Southern Nevada childrens home, Boulder City (project No. 73-10).
Sec. 11. The sum of $631,000 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for the construction of improvements at the Nevada girls training center, Caliente, Nevada (project No. 73-12).
Sec. 12. The sum of $456,000 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for the construction of improvements for the National Guard, Carson City, Nevada (project No. 73-14A), (project No. 73-14B).
Sec. 13. The sum of $77,000 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for the construction of improvements for the department of agriculture, Las Vegas, Nevada (project No. 73-15).
Sec. 14. The sum of $1,580,000 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for the construction of a general state office building and state motor pool in Las Vegas, Nevada (project No. 73-A1).
Sec. 15. The sum of $1,500,000 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for the acquisition of land and the construction of an office building for the department of health, welfare and rehabilitation in Las Vegas, Nevada (project No. 73-A2).
Sec. 16. The sum of $114,200 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for the construction of roofs on state-owned water reservoirs in Carson City, Nevada (project No.
κ1973 Statutes of Nevada, Page 1193 (CHAPTER 668, SB 636)κ
roofs on state-owned water reservoirs in Carson City, Nevada (project No. 73-A6).
Sec. 17. The sum of $11,000 of the moneys appropriated in subsection 1 of section 2 of this act is hereby allocated for the repainting of the interior of the state office building, Las Vegas, Nevada (project No. 73-A5).
Sec. 18. Upon acquisition of the land designated in section 8, the boundaries of the capitol complex, as defined in chapter 425, Statutes of Nevada 1965, shall be extended to encompass these properties.
Sec. 19. 1. The sum of $166,869 is hereby appropriated from the fish and game fund in the state treasury for the support of the state planning board for the construction of the following capital improvements for the department of fish and game:
(a) Storage building, Fallon (project No. 73-F1).
(b) Office addition, Reno (project No. 73-F2).
(c) Storage building, Elko (project No. 73-F3).
(d) Storage building, lower Colorado River (project No. 73-F4).
(e) Residence, lower Colorado River (project No. 73-F5).
(f) Storage building, Las Vegas (project No. 73-F6).
2. The state controller shall not transfer any of the moneys appropriated for the construction of the improvements described in subsection 1, nor shall the state planning board proceed with such construction until the state planning board has received a copy of a resolution adopted by the state board of fish and game commissioners requesting that such construction be commenced.
Sec. 20. 1. The state planning board is hereby charged with the duty of carrying out the provisions of this act:
(a) As provided in chapter 341 of NRS; and
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in this act.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.
3. All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. Except as provided in subsection 5, the state planning board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for each construction project designated in this act. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
κ1973 Statutes of Nevada, Page 1194 (CHAPTER 668, SB 636)κ
5. The state planning board shall not be required to advertise for sealed bids for construction projects the estimated cost of which is less than $5,000, but the state planning board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.
Sec. 21. 1. Section 19 of this act shall become effective July 1, 1973.
2. All other sections of this act shall become effective upon passage and approval.
________
Senate Bill No. 643Committee on Finance
CHAPTER 669
AN ACT extending the term of lease of building used by the department of health, welfare and rehabilitation; and providing other matters properly relating thereto.
[Approved April 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The buildings and grounds division of the department of administration is hereby authorized to extend the existing lease of the building used by the department of health, welfare and rehabilitation at 700 Belrose Street, Las Vegas, from 7 to 20 years, upon such terms and conditions as the parties may agree.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 612Committee on Transportation
CHAPTER 670
AN ACT to amend NRS 486.231, relating to safety equipment for motorcyclists, by exempting certain motorcyclists and passengers from requirement that protective headgear be worn.
[Approved April 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 486.231 is hereby amended to read as follows:
486.231 1. The department of motor vehicles shall adopt standards for protective headgear and protective glasses, goggles or face shields to be worn by the drivers and passengers of motorcycles and transparent windscreens for motorcycles.
2. Except as provided in [subsections 3 and 4,] this section, when any motorcycle is being driven on a highway, the driver and passenger shall wear protective headgear securely fastened on the head and protective glasses, goggles or face shields meeting such standards.
κ1973 Statutes of Nevada, Page 1195 (CHAPTER 670, SB 612)κ
3. When a motorcycle is equipped with a transparent windscreen meeting such standards, the driver and passenger are not required to wear glasses, goggles or face shields.
4. When a motorcycle is being driven in a parade authorized by a local authority, the driver and passenger are not required to wear the protective devices provided for in this section.
5. When a three-wheel motorcycle, on which the driver and passengers ride within an enclosed cab, is being driven on a highway, the driver and passengers are not required to wear the protective devices required by this section.
________
Senate Bill No. 647Committee on Finance
CHAPTER 671
AN ACT making appropriations to the division of water resources of the department of conservation and natural resources for certain legal fees and expenses arising out of actions concerning water rights in the Truckee River.
[Approved April 27, 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 the sum of $100,000 to the division of water resources of the department of conservation and natural resources for the purpose of paying legal fees, court costs and other costs heretofore incurred or to be incurred in defending legal proceedings against the State of Nevada concerning the adjudication of water rights in the Truckee River.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 341Committee on Judiciary
CHAPTER 672
AN ACT relating to dangerous drugs; regulating the delivery, possession and use of dangerous drugs; providing a penalty; and providing other matters properly relating thereto.
[Approved April 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 454.0092 is hereby amended to read as follows:
454.0092 Manufacturer means a person, other than a registered pharmacist practicing in a licensed pharmacy, who derives, produces, prepares, compounds, mixes, cultivates, grows or processes any drug, repackages any drug for the purpose of resale, or who makes, produces or prepares any hypodermic or prophylactic device.
κ1973 Statutes of Nevada, Page 1196 (CHAPTER 672, SB 341)κ
repackages any drug for the purpose of resale, or who makes, produces or prepares any hypodermic or prophylactic device.
Sec. 2. NRS 454.0094 is hereby amended to read as follows:
454.0094 Pharmacy means every store or shop licensed under the provisions of chapter 639 of NRS where prescriptions are compounded and dispensed and dangerous drugs, poisons, medicines or chemicals are stored or possessed, or dispensed, sold or displayed at retail.
Sec. 3. NRS 454.0098 is hereby amended to read as follows:
454.0098 Wholesaler means a person who supplies dangerous drugs, chemicals or hypodermic or prophylactic devices that he himself has not derived, produced, repackaged or prepared, on sales orders for resale but not on prescriptions, except a nonprofit cooperative agricultural organization which supplies or distributes drugs and medicines only to its own members.
Sec. 4. Chapter 454 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 41, inclusive, of this act.
Sec. 5. Chart order is an order entered on the chart or medical record of a patient registered in a convalescent care facility or hospital or under emergency treatment in a hospital by or on the order of an authorized practitioner authorizing the administration of a drug from hospital floor or ward stock furnished by the hospital pharmacy. Any such order shall be considered to be a prescription if such medication is to be furnished by a pharmacy directly to the patient. The chart order shall be signed by the prescriber at the time it is entered or on his next visit to the hospital.
Sec. 6. Laboratory means a research, teaching or testing laboratory not engaged in the sale of drugs but using dangerous drugs for scientific or teaching purposes.
Sec. 7. Prescription means an order given individually for the person for whom prescribed, directly from the prescriber to the pharmacist or indirectly by means of an order signed by the prescriber, and shall contain the name and address of the prescriber, his license classification, the name and address of the patient, the name and quantity of the drug or drugs prescribed, directions for use and the date of issue. Directions for use shall be specific in that they shall indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 8. Definitions of words and terms in sections 9, 10 and 11 of this act apply only to sections 8 to 41, inclusive, of this act.
Sec. 9. Administer means the furnishing:
1. By a physician, surgeon, dentist, podiatrist or veterinarian to his patient of such amount of drugs or medicines referred to in sections 8 to 41, inclusive, of this act, as are necessary for the immediate needs of the patient; or
2. By a nurse pursuant to a chart order of individual doses of a drug or medicine:
(a) From an original container which has been furnished as floor or ward stock by a hospital pharmacy;
κ1973 Statutes of Nevada, Page 1197 (CHAPTER 672, SB 341)κ
(b) From a container dispensed by a registered pharmacist pursuant to a prescription; or
(c) Furnished by a physician, dentist, podiatrist or veterinarian.
Sec. 10. Dangerous drug means any drug, other than a controlled substance as defined in chapter 453 of NRS, unsafe for self-medication or unsupervised use, and includes the following:
1. Any drug which has been approved by the Food and Drug Administration for general distribution and bears the legend: Caution: Federal law prohibits dispensing without prescription; or
2. Any drug which may be sold only by prescription because of regulations adopted by the board because the board has found such drugs to be dangerous to public health or safety.
Sec. 11. Dispense means the furnishing of:
1. Drugs by a registered pharmacist upon the legal prescription from a physician, dentist, podiatrist or veterinarian; or
2. Drugs or medicines to a patient personally by a physician, dentist, podiatrist or veterinarian in any amount greater than that which is necessary for the present and immediate needs of the patient.
Sec. 12. 1. No person shall furnish any dangerous drug except upon the prescription of a physician, dentist, podiatrist or veterinarian.
2. The provisions of this section do not apply to the furnishing of any dangerous drug by a physician, dentist, podiatrist or veterinarian to his own patients as provided in section 28 of this act or by a manufacturer or wholesaler or pharmacy to each other or to a physician, dentist, podiatrist or veterinarian or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.
Sec. 13. No pharmacist shall dispense any dangerous drug upon prescription except in a container correctly labeled with:
1. The date;
2. The name, address and prescription number of the pharmacy;
3. The names of the prescriber and of the person for whom prescribed;
4. Specific directions for use given by the prescriber; and
5. The expiration date of the effectiveness of the drug dispensed, if such information is required on the original label of the manufacturer of such drug.
Sec. 14. No pharmacist shall knowingly fill or refill any prescription for a dangerous drug for use by any person other than the one for whom the prescription was originally issued.
Sec. 15. No prescription for any dangerous drug may be refilled except in compliance with the provisions of sections 16 to 23, inclusive, of this act.
Sec. 16. A prescription which bears specific refill authorization, given by the prescriber at the time he issued the original prescription, may be refilled in the pharmacy in which it was originally filled, for the number of times authorized or over the period of time authorized, but only in keeping with the number of doses ordered and the directions for use; but in no case shall the prescription be refilled after 1 year has elapsed from the date it was originally filled. If additional medication is needed thereafter, the original prescription shall be voided and a new prescription obtained.
κ1973 Statutes of Nevada, Page 1198 (CHAPTER 672, SB 341)κ
is needed thereafter, the original prescription shall be voided and a new prescription obtained.
Sec. 17. A prescription which bears authorization, permitting the pharmacist to refill the prescription as needed by the patient, may be refilled in keeping with the number of doses ordered and the directions for use within 1 year from the date it was originally filled.
Sec. 18. An original prescription which does not bear refill authorization, or a prescription on which the original refill authorization has expired, may be refilled if additional authorization has been obtained from the prescriber or another doctor with the same license classification acting in the absence of the original prescriber. Such information may be relayed to the pharmacist by an authorized agent employed by the prescriber, if the prescriber, or another doctor acting in his absence, is available and is contacted by the authorized agent.
Sec. 19. A physician may issue a blanket authorization individually to any pharmacist authorizing such pharmacist to refill prescriptions written by the physician, for drugs which are considered necessary in the treatment of chronic or continuing illnesses of his patients. Such authorization shall be in writing, signed by the physician, and shall list the types of drugs to be covered and any limitations or conditions the physician may desire. Such authorization shall be retained by the pharmacist and available for inspection and shall be valid authorization for the pharmacist to refill such prescriptions for a period of 1 year from the date of issue.
Sec. 20. In the absence of specific refill authorization, when the refilling of a prescription calling for a dangerous drug needed for the continuation of a treatment of a chronic or continuing illness is considered necessary and the pharmacist is unable to contact the prescriber, the pharmacist may, if in his professional judgment he feels that such drug should be provided for the patient, furnish a sufficient supply of the medication to provide for the continuation of treatment until such time as the prescriber can be personally contacted.
Sec. 21. No prescription for a dangerous drug may be refilled after the demise of the prescriber.
Sec. 22. A record of each refill of any prescription for a dangerous drug or any authorization to refill such a prescription shall be kept on the back of the original prescription, or on a separate card or paper securely attached thereto, showing the date of each refill or authorization and the name or initials of the pharmacist who refilled the prescription or obtained the authorization to refill.
Sec. 23. Any refill authorization issued pursuant to the provisions of sections 16 to 22, inclusive, of this act, may be rescinded at any time after such authorization is given, either by the original prescriber or by another doctor acting in his behalf or by another doctor who is then caring for the patient for whom the original prescription was issued, by notifying the pharmacy in which the prescription was filled either orally or in writing.
Sec. 24. 1. Every laboratory, manufacturer and wholesaler doing business in the State of Nevada shall be registered with the board.
κ1973 Statutes of Nevada, Page 1199 (CHAPTER 672, SB 341)κ
2. Each laboratory shall keep purchase records.
3. Each manufacturer shall keep purchase and use records and sales records.
4. Each wholesaler shall keep purchase and sales records.
Sec. 25. 1. Every retail pharmacy, hospital, laboratory, wholesaler, manufacturer, or any physician, dentist, podiatrist or veterinarian who engages in the practice of dispensing or furnishing drugs to patients shall maintain a complete and accurate record of all dangerous drugs purchased and those sold on prescription, dispensed, furnished or disposed of otherwise.
2. Such records shall be retained for a period of 2 years and shall be open to inspection by members, inspectors or investigators of the board or inspectors of the Food and Drug Administration. No special form of record is required if an accurate accountability can be furnished within a reasonable time after a demand by a person authorized to inspect such records.
3. Invoices showing all purchases of dangerous drugs shall be considered as a complete record of all dangerous drugs received.
4. For the purpose of this section, the prescription files of a pharmacy shall constitute a record of the disposition of all dangerous drugs.
Sec. 26. 1. All stock and records of purchase and disposition of any dangerous drug of a manufacturer, wholesaler, pharmacy, physician, dentist, podiatrist, veterinarian, hospital, laboratory or a nonprofit cooperative agriculture organization which supplies and distributes drugs and medicines only to its members shall be at all times, during business hours, open to inspection by agents, assistants, members and inspectors of the board, inspectors of the Food and Drug Administration, and agents and commissioners appointed under chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act. Such records shall be preserved for at least 2 years from the date of making.
2. Any person who fails, neglects or refuses to maintain such records or who, when called upon by an authorized officer to produce such records, fails, neglects or refuses to produce such records, or who willfully produces or furnishes records which are false, is guilty of a misdemeanor.
Sec. 27. All agents, assistants and inspectors of the board and peace officers, while investigating violations of sections 8 to 41, inclusive, of this act, in performance of their official duties, and any person working under their immediate direction, supervision or instruction are immune from prosecution under sections 8 to 41, inclusive, of this act.
Sec. 28. 1. The provisions of sections 8 to 41, inclusive, of this act, do not apply to a physician, dentist, podiatrist or veterinarian who dispenses drugs and who personally furnishes his own patients with such drugs as are necessary in the treatment of the condition for which he attends such patient, if:
(a) He keeps accurate records, as required by section 25 of this act, of all drugs so furnished; and
(b) The drugs so furnished are clearly labeled with the date, the name and address of the furnisher, the name of the patient, the directions for use and the expiration date of the effectiveness of the drug, if such information is required on the original label of the manufacturer of such drug; and
κ1973 Statutes of Nevada, Page 1200 (CHAPTER 672, SB 341)κ
use and the expiration date of the effectiveness of the drug, if such information is required on the original label of the manufacturer of such drug; and
(c) Such drugs are not dispensed or furnished by a nurse or attendant.
2. A veterinarian may furnish multiple doses of drugs, necessary for the treatment of large animals, to ranchers or dealers in livestock for use solely in the treatment of livestock on the premises of such rancher or dealer, and when furnishing such drugs the veterinarian is not required to comply with the provisions of subsection 1.
Sec. 29. Every person who violates any provision of sections 8 to 41, inclusive, of this act, by use of a minor as an agent or by unlawfully furnishing any dangerous drug to a minor shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 30. 1. Every person who signs the name of another, or of a fictitious person, or falsely makes, alters, forges, utters, publishes or passes, as genuine, any prescription for a dangerous drug is guilty of a felony.
2. Any person who knowingly has in his possession any false, fictitious, forged or altered prescription for a dangerous drug is guilty of a gross misdemeanor.
3. Every person who knowingly obtains or has in his possession or under his control any dangerous drug secured as a result of any forged, false, fictitious or altered prescription is guilty of a gross misdemeanor.
Sec. 31. 1. Except as otherwise provided in this section, every person who possesses any drug defined in section 10 of this act, except that furnished to such person by a pharmacist pursuant to a legal prescription or a physician, dentist, podiatrist or veterinarian, is guilty of a gross misdemeanor. If such person has been twice previously convicted of any offense:
(a) Described in this section; or
(b) Under any other law of the United States or this or any other state or district which if committed in this state would have been punishable as an offense under this section,
he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. No prescription is required for possession of such drugs by pharmacists, physicians, dentists, podiatrists, veterinarians, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this state to handle, possess and deal in such drugs when such drugs are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses such dangerous drugs in a reasonable amount for use solely in the treatment of livestock on his own premises.
Sec. 32. 1. Anyone authorized by the provisions of section 28 of this act, to dispense drugs to his own patients who permits the dispensing or furnishing of any dangerous drug in violation thereof is guilty of a misdemeanor.
2. Any person who dispenses or furnishes any dangerous drug in violation of section 28 of this act is guilty of a misdemeanor.
κ1973 Statutes of Nevada, Page 1201 (CHAPTER 672, SB 341)κ
Sec. 33. Every person who, in order to obtain any dangerous drug, falsely represents himself in a telephone conversation with a pharmacist to be a physician or other person who can lawfully prescribe such drugs or to be acting in behalf of a person who can lawfully prescribe drugs is:
1. For the first offense, guilty of a misdemeanor.
2. For any subsequent offense, guilty of a felony.
Sec. 34. It is unlawful for any person within this state to possess, sell, offer to sell or hold for the purpose of sale or resale any nasal inhaler which contains any drug capable of causing stimulation to the central nervous system unless:
1. The product contains a denaturant in sufficient quantity to render it unfit for internal use; and
2. The product is among such products listed as approved for sale without restriction by the board in the regulations officially adopted by the board.
Sec. 35. 1. Any person within this state who possesses, procures, obtains, processes, produces, derives, manufactures, sells, offers for sale, gives away or otherwise furnishes any drug which may not be lawfully introduced into interstate commerce under the Federal Food, Drug and Cosmetic Act is guilty of a misdemeanor.
2. The provisions of this section do not apply to physicians licensed to practice in this state who have been authorized by the Food and Drug Administration to possess experimental drugs for the purpose of conducting research to evaluate the effectiveness of such drugs and who maintain complete and accurate records of the use of such drugs and submit clinical reports as required by the Food and Drug Administration.
Sec. 36. Except as otherwise specifically provided, every person who violates any provision of sections 8 to 41, inclusive, of this act, is guilty of a misdemeanor.
Sec. 37. A conviction of the violation of any of the provisions of sections 8 to 41, inclusive, of this act, constitutes grounds for the suspension or revocation of any license issued to such person under any of the provisions of chapters 630, 631, 633, 635, 638 or 639 of NRS.
Sec. 38. The board shall administer and enforce sections 8 to 41, inclusive, of this act.
Sec. 39. 1. If the board finds any drug to be dangerous to the public health or safety, it may make other rules, not inconsistent with sections 8 to 41, inclusive, of this act, limiting or restricting the furnishing of such drug. The proceedings for adoption of such rules shall be governed by chapter 233B of NRS.
2. A violation of any such rule shall be punished in the same manner as is provided in sections 29 to 36, inclusive, of this act.
Sec. 40. Notice of the adoption of further rules by the board shall be given to interested persons. No person shall be subject to any prosecution for violating such rules until the board has given public notice of the adoption of such rules.
Sec. 41. Upon request, the board shall furnish any person with a copy of the laws or regulations relating to dangerous drugs, the furnishing or possession of which is restricted by sections 8 to 41, inclusive, of this act, or by further rules of the board.
κ1973 Statutes of Nevada, Page 1202 (CHAPTER 672, SB 341)κ
or possession of which is restricted by sections 8 to 41, inclusive, of this act, or by further rules of the board.
Sec. 42. NRS 454.480 is hereby amended to read as follows:
454.480 1. Hypodermic devices may be sold by pharmacists on the prescription of a physician, dentist or veterinarian. Such prescriptions shall be filed as required by NRS 639.236, and may be refilled as authorized by the prescriber. Records of refilling shall be maintained as required by [NRS 453.441 to 453.521, inclusive.] sections 15 to 23, inclusive, of this act.
2. Pharmacists and others holding hypodermic permits, unless the permit limits otherwise, may sell hypodermic devices without prescription for the following purposes:
(a) For use in the treatment of persons having asthma or diabetes.
(b) For use in injecting medications prescribed by a physician for the treatment of human beings.
(c) For the injection of drugs in animals or poultry.
(d) For commercial or industrial use or use by jewelers or other merchants having need for such devices in the conduct of their business, or by hobbyists when the seller is satisfied that the device will be used for legitimate purposes.
(e) For use by funeral directors and embalmers, licensed medical technicians or technologists, or research laboratories.
3. The sale without prescription of any hypodermic device intended for human use, as set forth in paragraphs (a) and (b) of subsection 2, shall be limited to pharmacists and all such sales must be recorded as provided in NRS 454.490.
Sec. 43. NRS 454.534 is hereby amended to read as follows:
454.534 In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of NRS 454.470 to 454.530, inclusive, and sections 8 to 41, inclusive, of this act, it shall not be necessary to negative any exception, excuse, proviso or exemption contained in NRS 454.470 to 454.530, inclusive, and sections 8 to 41, inclusive, of this act, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
Sec. 44. NRS 454.535 is hereby amended to read as follows:
454.535 The amount of a drug needed to sustain a conviction of a person for an offense prohibited by [NRS 454.180 to 454.465, inclusive,] sections 8 to 41, inclusive, of this act, is that amount necessary for identification as such drug by a witness qualified to make such identification for the prosecution and a witness qualified to make such identification for the defense.
Sec. 45. NRS 453.521 is hereby amended to read as follows:
453.521 It is unlawful for any person within this state to possess, sell, offer to sell or hold for the purpose of sale or resale any nasal inhaler which contains any controlled substance capable of causing stimulation to the central nervous system unless:
1. The product contains a denaturant in sufficient quantity to render it unfit for internal use; and
2. The product is among such products listed as approved by the [division] board in the regulations officially adopted by the [division.]
κ1973 Statutes of Nevada, Page 1203 (CHAPTER 672, SB 341)κ
[division] board in the regulations officially adopted by the [division.] board.
Sec. 46. Section 45 of this act shall not become effective if section 25 of Senate Bill 342 of the 57th session of the Nevada legislature becomes law.
Sec. 47. This act shall become effective at 12:02 a.m. on July 1, 1973.
________
Senate Bill No. 342Committee on Judiciary
CHAPTER 673
AN ACT relating to controlled substances; making technical changes; and providing other matters properly relating thereto.
[Approved April 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 453.146 is hereby amended to read as follows:
453.146 1. The board shall administer [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, and may add substances to or delete or reschedule all substances enumerated in the schedules in NRS 453.161, 453.171, 453.181, 453.191, and 453.201, pursuant to the procedures of chapter 233B of NRS.
2. In making a determination regarding a substance, the board shall consider the following:
(a) The actual or relative potential for abuse;
(b) The scientific evidence of its pharmacological effect, if known;
(c) The state of current scientific knowledge regarding the substance;
(d) The history and current pattern of abuse;
(e) The scope, duration and significance of abuse;
(f) The risk to the public health;
(g) The potential of the substance to produce psychic or physiological dependence liability; and
(h) Whether the substance is an immediate precursor of a substance already controlled under [this chapter.] the provisions of NRS 453.011 to 453.551, inclusive.
3. After considering the factors enumerated in subsection 2 the board shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.
4. If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
5. If any substance is designated, rescheduled or deleted as a controlled substance under federal law and notice thereof is given to the board, the board shall similarly control the substance under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 60-day period the board objects to inclusion, rescheduling or deletion.
κ1973 Statutes of Nevada, Page 1204 (CHAPTER 673, SB 342)κ
board, the board shall similarly control the substance under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 60-day period the board objects to inclusion, rescheduling or deletion. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, by the board, control under [this chapter] such sections is stayed until the board publishes its decision.
6. Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco.
7. The board shall not include any nonnarcotic substance on any such schedule if such substance has been approved by the Food and Drug Administration for sale over the counter without a prescription.
Sec. 2. NRS 453.151 is hereby amended to read as follows:
453.151 1. The board and the division shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the board and division may:
(a) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
(b) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;
(c) Cooperate with the bureau by establishing a centralized unit to accept, catalogue, file and collect statistics, including records of drug-dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state and local law enforcement purposes. The board and the division shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under NRS 453.296; and
(d) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
2. Results, information and evidence received from the bureau relating to the regulatory functions of [this chapter,] the provisions of NRS 453.011 to 453.551, inclusive, including results of inspections conducted by it, may be relied and acted upon by the board and division in the exercise of its regulatory functions under [this chapter.] the provisions of NRS 453.011 to 453.511, inclusive.
Sec. 3. NRS 453.226 is hereby amended to read as follows:
453.226 1. Every person who manufactures, distributes or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state must obtain annually a registration issued by the board in accordance with its rules.
κ1973 Statutes of Nevada, Page 1205 (CHAPTER 673, SB 342)κ
2. Persons registered by the board under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of [this chapter.] such sections.
3. The following persons need not register and may lawfully possess controlled substances under [this chapter:] the provisions of NRS 453.011 to 453.551, inclusive:
(a) An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if he is acting in the usual course of his business or employment;
(b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment; or
(c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance.
4. The board may waive by rule the requirement for registration of certain manufacturers, distributors or dispensers if it finds it consistent with the public health and safety.
5. A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes or dispenses controlled substances.
6. The board may inspect the establishment of a registrant or applicant for registration in accordance with the boards rule.
Sec. 4. NRS 453.231 is hereby amended to read as follows:
453.231 1. The board shall register an applicant to manufacture or distribute controlled substances included in NRS 453.161, 453.171, 453.181, 453.191 and 453.201, unless it determines that the issuance of that registration would be inconsistent with the public interest.
2. In determining the public interest, the board shall consider the following factors:
(a) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;
(b) Compliance with applicable state and local law;
(c) Any convictions of the applicant under any federal and state laws relating to any controlled substance;
(d) Past experience in the manufacture or distribution of controlled substances, and the existence in the applicants establishment of effective controls against diversion;
(e) Furnishing by the applicant of false or fraudulent material in any application filed under [this chapter;] the provisions of NRS 453.011 to 453.551, inclusive;
(f) Suspension or revocation of the applicants federal registration to manufacture, distribute or dispense controlled substances as authorized by federal law; and
(g) Any other factors relevant to and consistent with the public health and safety.
κ1973 Statutes of Nevada, Page 1206 (CHAPTER 673, SB 342)κ
3. Registration under subsections 1 and 2 does not entitle a registrant to manufacture and distribute controlled substances in schedules I or II other than those specified in the registration.
4. Practitioners shall be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II to V, inclusive, if they are authorized to dispense or conduct research under the laws of this state.
5. The board need not require separate registration under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, for practitioners engaging in research with nonnarcotic controlled substances in schedules II to V, inclusive, where the registrant is already registered under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, in another capacity.
6. Practitioners registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon furnishing the board evidence of that federal registration.
7. Compliance by manufacturers and distributors with the provisions of the federal law respecting registration, excluding fees, entitles them to be registered under [this chapter.] the provisions of NRS 453.011 to 453.551, inclusive.
Sec. 5. NRS 453.236 is hereby amended to read as follows:
453.236 1. A registration under NRS 453.231 to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the board upon a finding that the registrant has:
(a) Furnished false or fraudulent material information in any application filed under [this chapter;] the provisions of NRS 453.011 to 453.551, inclusive;
(b) Been convicted of a violation of any state or federal law relating to any controlled substance;
(c) Had his federal registration suspended or revoked to manufacture, distribute or dispense controlled substances; or
(d) Failed to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or individual channels.
2. The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
3. If the board suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation orders becoming final, all controlled substances may be forfeited to the state.
4. The board shall promptly notify the bureau and division of all orders suspending or revoking registration and the division shall promptly notify the bureau and the board of all forfeitures of controlled substances.
κ1973 Statutes of Nevada, Page 1207 (CHAPTER 673, SB 342)κ
5. A registrant shall not employ as his agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person who has had an application for registration denied or has had his registration revoked or whose registration is under suspension.
Sec. 6. NRS 453.246 is hereby amended to read as follows:
453.246 Persons registered to manufacture, distribute or dispense controlled substances under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with any additional rules the board issues.
Sec. 7. NRS 453.261 is hereby amended to read as follows:
453.261 1. The division or the board may make administrative inspections of controlled premises in accordance with the following provisions:
(a) When authorized by an administrative inspection warrant issued pursuant to NRS 453.266 to an officer, employee or peace officer as defined in NRS 169.125, designated by the division or the board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(b) When authorized by an administrative inspection warrant, an officer, employee or peace officer as defined in NRS 169.125, designated by the division or the board, may:
(1) Inspect and copy records required [by this chapter to be kept;] to be kept by the provisions of NRS 453.011 to 453.551, inclusive;
(2) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection 3, all other things therein, including records, files, papers, processes, controls and facilities bearing on violation of [this chapter;] the provisions of NRS 453.011 to 453.551, inclusive; and
(3) Inventory any stock of any controlled substance therein and obtain samples thereof.
2. This section does not prevent the inspection without a warrant of books and records, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(a) If the owner, operator or agent in charge of the controlled premises consents;
(b) In situations presenting imminent danger to health or safety;
(c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or
(e) In all other situations in which a warrant is not constitutionally required.
3. An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data or pricing data unless the owner, operator or agent in charge of the controlled premises consents in writing.
κ1973 Statutes of Nevada, Page 1208 (CHAPTER 673, SB 342)κ
owner, operator or agent in charge of the controlled premises consents in writing.
4. For purposes of this section, controlled premises means:
(a) Places where persons registered or exempted from registration requirements under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, are required to keep records; and
(b) Places, including factories, warehouses, establishments and conveyances in which persons registered or exempted from registration requirements under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance.
Sec. 8. NRS 453.266 is hereby amended to read as follows:
453.266 1. Issuance and execution of administrative inspection warrants shall be as follows:
(a) A magistrate, as defined in NRS 169.095, within his jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, or rules of the board or division, and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, or rules of the board or division, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant.
(b) A warrant shall issue only upon an affidavit of an officer or employee of the board or division having knowledge of the facts alleged, sworn to before the magistrate and establishing the grounds for issuing the warrant. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any.
2. The warrant shall:
(a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
(b) Be directed to a person authorized to execute it;
(c) Command the person to whom it is directed to permit the inspection of the area, premises, building or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;
(d) Identify the item or types of property to be seized, if any; and
(e) Direct that it be served during normal business hours and designate the magistrate to whom it shall be returned.
3. A warrant issued pursuant to this section shall be executed and returned within 10 days of its date of issuance unless, upon a showing of a need for additional time, the magistrate orders otherwise.
4. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken.
κ1973 Statutes of Nevada, Page 1209 (CHAPTER 673, SB 342)κ
to the person from whom or from whose premises the property is taken, together with a receipt for the property taken.
5. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
6. The magistrate who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the district court in the county in which the inspection was made.
Sec. 9. NRS 453.271 is hereby amended to read as follows:
453.271 Any officer or employee of the division designated by his appointing authority may:
1. Carry firearms in the performance of his official duties;
2. Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpenas and summonses issued under the authority of this state;
3. Make arrests without warrant for any offense under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of [this chapter] such sections which may constitute a felony;
4. Make seizures of property pursuant to [this chapter;] the provisions of NRS 453.011 to 453.551, inclusive; or
5. Perform other law enforcement duties as the division designates.
Sec. 10. NRS 453.276 is hereby amended to read as follows:
453.276 1. The district courts have jurisdiction to restrain or enjoin violations of [this chapter.] the provisions of NRS 453.011 to 453.551, inclusive.
2. The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.
Sec. 11. NRS 453.281 is hereby amended to read as follows:
453.281 1. It is not necessary for the state to negate any exemption or exception in [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under [this chapter.] such sections. The burden of proof of any exemption or exception is upon the person claiming it.
2. In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under [this chapter,] the provisions of NRS 453.011 to 453.551, inclusive, he is presumed not to be the holder of the registration or form. The burden of proof is upon him to rebut the presumption.
3. No liability is imposed by [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, upon any authorized state, county or municipal officer engaged in the lawful performance of his duties.
κ1973 Statutes of Nevada, Page 1210 (CHAPTER 673, SB 342)κ
Sec. 12. NRS 453.286 is hereby amended to read as follows:
453.286 All final determinations, findings and conclusions of the board or division under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision in the district court in the county of his residence. Findings of fact by the board or division, if supported by substantial evidence, are conclusive.
Sec. 13. NRS 453.291 is hereby amended to read as follows:
453.291 1. The board or division may carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the board or division may:
(a) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;
(b) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
(c) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(d) Evaluate procedures, projects, techniques and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;
(e) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and
(f) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.
2. The board and the division shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of [this chapter,] the provisions of NRS 453.011 to 453.551, inclusive, it may:
(a) Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;
(b) Make studies and undertake programs of research to:
(1) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of [this chapter;] such sections;
(2) Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and
(3) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances; and
(c) Enter into contracts with public agencies, institutions of higher educations, and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of controlled substances.
3. The board may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subject of the research.
κ1973 Statutes of Nevada, Page 1211 (CHAPTER 673, SB 342)κ
identifying characteristics of individuals who are the subject of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.
4. The board may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization. The board shall promptly notify the division of any such authorization.
Sec. 14. NRS 453.301 is hereby amended to read as follows:
453.301 The following are subject to forfeiture:
1. All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of [this chapter.] the provisions of NRS 453.011 to 453.551, inclusive.
2. All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of [this chapter.] the provisions of NRS 453.011 to 453.551, inclusive.
3. All property which is used, or intended for use, as a container for property described in subsections 1 and 2.
4. All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of [this chapter.] the provisions of NRS 453.011 to 453.551, inclusive.
5. All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in subsections 1 or 2, except that:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of [this chapter;] the provisions of NRS 453.011 to 453.551, inclusive;
(b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent;
(c) A conveyance is not subject to forfeiture for a violation of NRS [453.326;] 453.336; and
(d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission.
Sec. 15. NRS 453.306 is hereby amended to read as follows:
453.306 1. Property subject to forfeiture under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, may be seized by the division or other law enforcement agency upon process issued by any magistrate having jurisdiction over the property.
2. Seizure without due process may be made if:
(a) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
κ1973 Statutes of Nevada, Page 1212 (CHAPTER 673, SB 342)κ
(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon [this chapter;] the provisions of NRS 453.011 to 453.551, inclusive;
(c) The division has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(d) The division has probable cause to believe that the property was used or is intended to be used in violation of [this chapter.] the provisions of NRS 453.011 to 453.551, inclusive.
3. In the event of seizure pursuant to subsection 2, proceedings under subsection 4 shall be instituted promptly.
4. Property taken or detained under this section and NRS 453.301 shall not be subject to replevin, but is deemed to be in the custody of the division or other agency, as the case may be, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under [this chapter,] the provisions of NRS 453.011 to 453.551, inclusive, the division or other agency may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the agency seizing the property; or
(c) Remove it to an appropriate location for disposition in accordance with law.
5. When property is forfeited under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, the division or other agency as the case may be, may:
(a) Retain it for official use;
(b) Sell that which is not required to be destroyed by law and which is not harmful to the public.
(c) Remove it for disposition in accordance with the law; or
(d) Forward it to the bureau for disposition.
6. The proceeds from the sale of any property under the provisions of subsection 5 shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs. Any balance remaining shall be deposited in the state permanent school fund.
Sec. 16. NRS 453.311 is hereby amended to read as follows:
453.311 1. Controlled substances listed in schedule I:
(a) That are possessed, transferred, sold or offered for sale in violation of [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, are contraband and shall be seized and summarily forfeited to the state.
(b) Which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state.
2. Species of plants from which controlled substances in schedules I and II may be derived which have been planted or cultivated in violation of [this chapter,] the provisions of NRS 453.011 to 453.551, inclusive, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state.
κ1973 Statutes of Nevada, Page 1213 (CHAPTER 673, SB 342)κ
3. The failure, upon demand by the division or other law enforcement agency, or the authorized agent of either, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
Sec. 17. NRS 453.321 is hereby amended to read as follows:
453.321 1. Except as authorized by [this chapter,] the provisions of NRS 453.011 to 453.551, inclusive, it is unlawful for any person to sell, exchange, barter, supply or give away a controlled or counterfeit substance.
2. Any person who sells, exchanges, barters, supplies or gives away a controlled or counterfeit substance in violation of subsection 1 classified in:
(a) Schedule I or II, to a person who is:
(1) Twenty-one years of age or older shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life, without possibility of parole, and may be further punished by a fine of not more than $5,000.
(2) Under 21 years of age shall be punished by imprisonment in the state prison for life with possibility of parole and may be further punished by a fine of not more than $5,000. Eligibility for parole begins when a minimum of 7 years has been served. For a second or subsequent offense, such offenders shall be punished by imprisonment in the state prison for life without possibility of parole.
(b) Schedule III, IV or V shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000. For a:
(1) Second offense, or if, in case of a first conviction, the offender previously has been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $2,000.
(2) Third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000.
3. Any person who is under 21 years of age and is convicted of an offense otherwise punishable under subsection 2 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, with possibility of probation. For a second or subsequent conviction, any such person shall be punished as provided in subsection 2 for a second or subsequent offense and any term of imprisonment imposed shall be served without possibility of probation.
κ1973 Statutes of Nevada, Page 1214 (CHAPTER 673, SB 342)κ
Sec. 18. NRS 453.326 is hereby amended to read as follows:
453.326 1. It is unlawful for any person:
(a) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under [this chapter;] the provisions of NRS 453.011 to 453.551, inclusive;
(b) To refuse an entry into any premises for any inspection authorized by [this chapter;] the provisions of NRS 453.011 to 453.551, inclusive; or
(c) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place which is resorted to by persons using controlled substances in violation of [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, for the purpose of using these substances, or which is used for keeping or selling them in violation of [this chapter.] such sections.
2. Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.
Sec. 19. NRS 453.331 is hereby amended to read as follows:
453.331 1. It is unlawful for any person knowingly or intentionally to:
(a) Distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by NRS 453.251;
(b) Use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person;
(c) Acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge;
(d) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under [this chapter,] the provisions of NRS 453.011 to 453.551, inclusive, or any record required to be kept by [this chapter;] such sections; or
(e) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trade-mark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
2. Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.
Sec. 20. NRS 453.336 is hereby amended to read as follows:
453.336 1. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by [this chapter.] the provisions of NRS 453.011 to 453.551, inclusive.
2. Except as provided in subsections 3 and 4, any person who violates this section shall be punished:
κ1973 Statutes of Nevada, Page 1215 (CHAPTER 673, SB 342)κ
(a) For the first offense, [and] if the controlled substance is listed in NRS 453.161, 453.171, 453.181 or 453.191, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.
(b) For a second offense, [and] if the controlled substance is listed in NRS 453.161, 453.171, 453.181 or 453.191, or if, in case of a first conviction of violation of this section, the offender has previously been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $2,000.
(c) For a third or subsequent offense, [and] if the controlled substance is listed in NRS 453.161, 453.171, 453.181 or 453.191, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000.
(d) For the first offense, [and] if the controlled substance is listed in NRS 453.201, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.
(e) For a second or subsequent offense, [and] if the controlled substance is listed in NRS 453.201, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.
3. Any person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:
(a) For the first offense:
(1) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000; or
(2) Shall be punished by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000, [; and
(3) May]
and may have his drivers license suspended for not more than 6 months.
(b) For the second offense shall be punished in the manner prescribed by subsection 2 for a first offense.
(c) For a third or subsequent offense, shall be punished in the manner prescribed by subsection 2 for a second offense.
4. Before sentencing under the provisions of subsection 3, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall do the following:
(a) Interview the person convicted and make a determination as to the rehabilitation potential of the individual; and
(b) Conduct a hearing at which evidence may be presented as to the rehabilitation potential and any other relevant information received as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.
κ1973 Statutes of Nevada, Page 1216 (CHAPTER 673, SB 342)κ
rehabilitation potential and any other relevant information received as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.
5. Three years after the person has been convicted and sentenced under the provisions of subsection 3, the court may order sealed all records, papers and exhibits in such persons record, minute book entries and entries on dockets, and other records relating to the case in the custody of such other agencies and officials as are named in the courts order, if:
(a) The person fulfilled all the terms and conditions imposed by the court and by the parole and probation officer; and
(b) The court, after hearing, is satisfied that the rehabilitation has been attained.
6. Whenever any person who has not previously been convicted of any offense under [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, or under any statute of the United States or of any state relating to narcotic drugs, marihuana or stimulant, depressant or hallucinogenic drugs pleads guilty to or is found guilty of possession of a controlled substance under this section, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions.
7. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him.
8. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for a second or subsequent convictions under [this chapter.] the provisions of NRS 453.011 to 453.551, inclusive.
9. There may be only one discharge and dismissal under this section with respect to any person.
Sec. 21. NRS 453.341 is hereby amended to read as follows:
453.341 1. Prosecution for any violation of law occurring prior to January 1, 1972, is not affected or abated by [this chapter.] the provisions of NRS 453.011 to 453.551, inclusive. If the offense being prosecuted is similar to one set out in NRS 453.321 to 453.551, inclusive, then the penalties under NRS 453.321 to 453.551, inclusive, apply if they are less than those under prior law.
2. Civil seizures or forfeitures and injunctive proceedings commenced prior to January 1, 1972, are not affected by [this chapter.] the provisions of NRS 453.011 to 453.551, inclusive.
3. All administrative proceedings pending under prior laws which are superseded by NRS 453.011 to 453.551, inclusive, shall be continued and brought to a final determination in accord with the laws and rules in effect prior to January 1, 1972. Any substance controlled under prior law which is not listed within schedules I to V, inclusive, is automatically controlled without further proceedings and shall be listed in the appropriate schedule.
κ1973 Statutes of Nevada, Page 1217 (CHAPTER 673, SB 342)κ
4. The board shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution or dispensing of any controlled substance prior to January 1, 1972, and who are registered or licensed by the state.
5. NRS 453.011 to 453.551, inclusive, apply to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following January 1, 1972.
Sec. 22. NRS 453.391 is hereby amended to read as follows:
453.391 No person may:
1. Unlawfully take a controlled substance from a manufacturer, wholesaler, [apothecary,] pharmacist, physician, dentist, veterinarian or other person authorized to administer, dispense or possess controlled substances.
2. While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one physician, obtain any controlled substance from another physician without disclosing this fact to the second physician.
Sec. 23. NRS 453.401 is hereby amended to read as follows:
453.401 No person may:
1. Induce or attempt to induce another person unlawfully to use or administer a controlled substance.
2. Employ, induce or use a minor unlawfully to transport, carry, dispense, produce or manufacture a controlled substance.
3. Induce or attempt to induce a minor to violate any of the provisions of [this chapter.] NRS 453.011 to 453.551, inclusive.
4. Induce or attempt to induce a minor to use a controlled substance except in accordance with a prescription issued by a practitioner.
5. Conspire with another person or persons to violate any provision of [this chapter.] NRS 453.011 to 453.551, inclusive.
Sec. 24. NRS 453.441 is hereby amended to read as follows:
453.441 No prescription for any controlled substance may be refilled except in compliance with the provisions of [this chapter.] NRS 453.011 to 453.551, inclusive.
Sec. 25. NRS 453.521 is hereby amended to read as follows:
453.521 It is unlawful for any person within this state to possess, sell, offer to sell or hold for the purpose of sale or resale any nasal inhaler which contains any controlled substance capable of causing stimulation to the central nervous system unless:
1. The product contains a denaturant in sufficient quantity to render it unfit for internal use; and
2. The product is among such products listed as approved by the [division] board in the regulations officially adopted by the [division.] board.
Sec. 26. NRS 453.541 is hereby amended to read as follows:
453.541 The criminal sanction provided in [this chapter] NRS 453.011 to 453.551, inclusive, does not apply to that plant of the genus Lophophora commonly known as peyote when such drug is used as the sacrament in religious rites of any bona fide religious organization.
Sec. 27. NRS 453.551 is hereby amended to read as follows:
453.551 All agents or inspectors of the board or division, peace officers, district attorneys and their deputies while investigating violations of [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, in performance of their official duties, and any person working under their immediate direction, supervision or instruction are immune from prosecution under the provisions of [this chapter] such sections for acts which would otherwise be unlawful under [the] such provisions [of this chapter] but which are reasonably necessary in the performance of their official duties.
κ1973 Statutes of Nevada, Page 1218 (CHAPTER 673, SB 342)κ
officers, district attorneys and their deputies while investigating violations of [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, in performance of their official duties, and any person working under their immediate direction, supervision or instruction are immune from prosecution under the provisions of [this chapter] such sections for acts which would otherwise be unlawful under [the] such provisions [of this chapter] but which are reasonably necessary in the performance of their official duties.
Sec. 28. NRS 453.570 is hereby amended to read as follows:
453.570 The amount of a controlled substance needed to sustain a conviction of a person for an offense prohibited by [this chapter] the provisions of NRS 453.011 to 453.551, inclusive, is that amount necessary for identification as a controlled substance by a witness qualified to make such identification.
Sec. 29. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 511Committee on Health, Welfare and State Institutions
CHAPTER 674
AN ACT relating to mental hygiene and mental retardation; providing the qualifications, manner of appointment, compensation, powers and duties of certain personnel in the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation; and providing other matters properly relating thereto.
[Approved April 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.325 is hereby amended to read as follows:
41.325 After any proceeding in which a person, previously adjudicated to be insane, is adjudicated to be sane, the clerk shall immediately notify the [superintendent and] institute director and the medical director of the Nevada mental health institute of such adjudication.
Sec. 2. NRS 160.161 is hereby amended to read as follows:
160.161 1. Upon commitment, such person shall be subject to the rules and regulations of the Veterans Administration or other agency when admitted to any facility operated by any such agency within or without this state.
2. The chief officer of any facility of the Veterans Administration or institution operated by any other agency of the United States to which the person is so committed shall, with respect to such person, be vested with the same powers as the [superintendent] institute director and the medical director of the Nevada mental health institute with respect to retention of custody, transfer, parole or discharge.
3. The committing court shall retain jurisdiction:
(a) To inquire, at any time, into the mental condition of persons so committed.
κ1973 Statutes of Nevada, Page 1219 (CHAPTER 674, SB 511)κ
(b) To determine the necessity for continuance of his restraint.
Sec. 3. NRS 160.162 is hereby amended to read as follows:
160.162 1. Upon receipt of a certificate of the Veterans Administration or such other agency of the United States that facilities are available for the care or treatment of any person heretofore committed to the Nevada mental health institute and that such person is eligible for care or treatment, the [superintendent] institute director of the Nevada mental health institute may cause the transfer of such person to the Veterans Administration or other agency of the United States for care or treatment.
2. The committing court shall be notified by the [superintendent] institute director of the Nevada mental health institute upon effecting such transfer.
3. No person shall be transferred to the Veterans Administration or other agency of the United States if he be confined pursuant to conviction of a felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court originally committing such person shall enter an order for such transfer after appropriate motion and hearing.
4. Any person transferred as provided in this section shall be deemed to be committed to the Veterans Administration or other agency of the United States pursuant to the original commitment.
Sec. 4. (Deleted by amendment.)
Sec. 5. (Deleted by amendment.)
Sec. 6. (Deleted by amendment.)
Sec. 7. (Deleted by amendment.)
Sec. 8. (Deleted by amendment.)
Sec. 9. (Deleted by amendment.)
Sec. 10. (Deleted by amendment.)
Sec. 11. (Deleted by amendment.)
Sec. 12. (Deleted by amendment.)
Sec. 13. (Deleted by amendment.)
Sec. 14. (Deleted by amendment.)
Sec. 15. (Deleted by amendment.)
Sec. 16. (Deleted by amendment.)
Sec. 17. NRS 210.200 is hereby amended to read as follows:
210.200 1. Upon request of the superintendent, a person committed to the school shall be accepted by the [Nevada mental health institute] mental hygiene and mental retardation division of the department of health, welfare and rehabilitation for observation, diagnosis and treatment, for a period not to exceed 90 days.
2. If, after observation, the [superintendent and medical director of the Nevada mental health institute] administrator of the mental hygiene and mental retardation division, upon medical consultation, finds such person to be feebleminded or mentally ill, such person may be returned to the committing court for discharge from the school and commitment in accordance with law to the [Nevada mental health institute.] custody of the administrator of the mental hygiene and mental retardation division.
3. If, after observation, the [superintendent and medical director of the Nevada mental health institute] administrator, upon medical consultation, finds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person shall be returned to the school.
κ1973 Statutes of Nevada, Page 1220 (CHAPTER 674, SB 511)κ
the Nevada mental health institute] administrator, upon medical consultation, finds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person shall be returned to the school. Upon the written request of the superintendent, the committing court may order any such person be committed to the custody of the administrator of the mental hygiene and mental retardation division or to an appropriate institution outside the State of Nevada approved by the director for treatment. The committing court may order the expense of such support and treatment be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of such person in accordance with the provisions of NRS 210.180. In the absence of such order, the expense of such support and treatment shall be paid by the school.
Sec. 18. NRS 210.650 is hereby amended to read as follows:
210.650 1. Upon request of the superintendent, a person committed to the school shall be accepted by the [Nevada mental health institute] mental hygiene and mental retardation division of the department of health, welfare and rehabilitation for observation, diagnosis and treatment for a period not to exceed 90 days.
2. If, after observation, the [superintendent and medical director of the Nevada mental health institute] administrator of the mental hygiene and mental retardation division, upon medical consultation, finds such person to be feebleminded or mentally ill such person may be returned to the committing court for discharge from the school and commitment in accordance with law to the [Nevada mental health institute.] custody of the administrator of the mental hygiene and mental retardation division.
3. If, after observation, the [superintendent and medical director of the Nevada mental health institute] administrator, upon medical consultation, finds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person shall be returned to the school. Upon the written request of the superintendent, the committing court may order that any such person be committed to the custody of the administrator of the mental hygiene and mental retardation division or to an appropriate institution outside the State of Nevada approved by the director for treatment. The committing court may order the expense of such support and treatment be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of such person in accordance with the provisions of NRS 210.580. In the absence of such order, the expense of such support and treatment shall be paid by the school.
Sec. 19. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 20 to 23, inclusive, of this act.
Sec. 20. (Deleted by amendment.)
Sec. 21. (Deleted by amendment.)
Sec. 22. Institute director means the executive and administrative head of the Nevada mental health institute.
Sec. 23. Medical director or director means the medical head of the Nevada mental health institute or the medical head of the Las Vegas mental health center.
Sec. 24. NRS 433.005 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1221 (CHAPTER 674, SB 511)κ
433.005 As used in NRS 433.005 to 433.640, inclusive, and sections 22 and 23 of this act, and sections 15 and 16 [of this act,] of Senate Bill No. 193 of the 57th session of the legislature, unless the context otherwise requires, the words and terms defined in NRS 433.006 to [433.012, inclusive,] 433.011, inclusive, sections 22 and 23 of this act, and sections 15 and 16 [of this act] of Senate Bill No. 193 of the 57th session of the legislature have the meanings ascribed to them in such sections.
Sec. 25. NRS 433.015 is hereby amended to read as follows:
433.015 The provisions of NRS 433.005 to 433.640, inclusive, when related to the institute, shall be administered by the [superintendent] institute director or, when related to the mental health center, shall be administered by the chief, subject to administrative supervision by the administrator of the division.
Sec. 26. NRS 433.090 is hereby amended to read as follows:
433.090 [1. The superintendent shall:
(a) Hold a degree of doctor of medicine from a medical school accredited by the American Medical Association.
(b) Be fully licensed to practice medicine in Nevada.
(c) Have training and experience in the field of psychiatry.
(d) Have at least 3 years of demonstrated successful experience in the administration of a state mental institution or of a comparable private sanitarium, or at least 5 years of demonstrated successful experience in a combination of private and institutional psychiatric practice which includes responsible administrative experience.
2. He shall be selected on the basis of his training, experience, capacity and interest in the care of mentally ill persons, and in the administration of mental institutions.] The institute director shall:
1. Be selected on the basis of training and demonstrated administrative qualities of leadership in the professional fields of either psychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care and treatment of mentally ill and mentally retarded persons.
3. Have such additional qualifications as are in accordance with criteria prescribed by the department of personnel.
4. Be in the unclassified service of the state.
Sec. 27. NRS 433.100 is hereby amended to read as follows:
433.100 1. The [superintendent] institute director shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation, but he may attend seminars, act as a consultant and give lectures relating to his profession and accept appropriate stipends for such seminars, consultations and lectures.
2. [He shall reside at the residence provided for in NRS 433.105.
3.] Except as otherwise provided by law, his only compensation shall be an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
[4.] 3. The [superintendent] institute director shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 28. NRS 433.105 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1222 (CHAPTER 674, SB 511)κ
433.105 1. In addition to his salary, the [superintendent] institute director shall be entitled to:
(a) The use of a residence on the grounds of or near the institute, which shall be maintained by the state.
(b) Heat, electricity and water for the residence.
(c) The use of an electric or gas cooking stove, a refrigerator and an automatic washing machine.
(d) Meals at the institute without charge when supervising personnel or inmates.
2. [Any furnishings or appliances in use in the residence of the superintendent on July 1, 1960, may be continued in use in the discretion of the superintendent, but no replacements of such appliances or furnishings, except the appliances referred to in subsection 1, may be made at state expense.
3. The superintendent] The institute director shall receive no perquisites except those provided for in this section.
Sec. 29. NRS 433.110 is hereby amended to read as follows:
433.110 Before entering upon the duties of his office, the [superintendent] institute director shall execute and deliver a surety bond, in such form as may be prescribed by law, payable to the State of Nevada, in the sum of $10,000, and conditioned for the faithful performance of all duties which may be required of him.
Sec. 30. NRS 433.120 is hereby amended to read as follows:
433.120 The [superintendent] institute director shall be the executive and administrative head of the institute, and as such shall have the following powers and duties [:] , subject to the administrative supervision of the administrator of the division:
1. To exercise general supervision of, and make and revise rules and regulations for, the government of the institute.
2. To be responsible for and to supervise the fiscal affairs and responsibilities of the institute.
3. To make reports to the administrator of the division, and to supply the administrator with material on which to base proposed legislation.
4. To keep the complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5. To inform the public in regard to the activities and operation of the institute.
6. To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 433.005 to 433.640, inclusive [.] and other statutes governing the institute.
7. To cause to be kept a fair and full account of all medical affairs.
8. [To perform neurological and psychiatric examinations of persons committed to the Nevada state prison, the Nevada state childrens home, the Nevada girls training center and the Nevada youth training center when requested by the superintendents or wardens of those institutions.
9. To have standard medical histories currently maintained on all patients, and to administer the accepted and appropriate treatments to all patients under his care.
κ1973 Statutes of Nevada, Page 1223 (CHAPTER 674, SB 511)κ
patients, and to administer the accepted and appropriate treatments to all patients under his care.
10. To undertake any diagnostic, medical or surgical procedure in the interest of the patient, and to give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent. The decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.] To cause to have undertaken appropriate diagnostic, medical and surgical procedures in the best interest of the patient, but only with consent as provided in subsection 5 of NRS 433.1223.
[11.] 9. To submit [a biennial] an annual report to the administrator of the division on the condition, operation, [and] functioning [of the institute,] and anticipated needs of the institute.
[12.] 10. To cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the institute, and to take all steps necessary to establish clear title thereto on behalf of the state.
[13.] 11. To lease, with the consent of the administrator of the division, all or any part of any land known or presumed to belong to the State of Nevada for the use of the institute for such consideration and upon such terms as the [superintendent] institute director and the administrator may deem to be in the best interests of the institute and the State of Nevada. Any moneys received from any such lease shall be remitted by the [superintendent] institute director to the state treasurer who shall deposit the same in the state treasury to the credit of the general fund.
Sec. 31. NRS 433.1223 is hereby amended to read as follows:
433.1223 [The director is the medical and clinical head of the mental health center and:] The medical director of the institute and the medical director of the mental health center shall be the medical heads of their respective division facilities and each of them:
1. Shall be a [physician] psychiatrist licensed to practice medicine as provided by law.
2. Shall be in the unclassified service, shall be compensated by an annual salary in an amount determined pursuant to the provisions of NRS 284.182 [,] and shall receive the per diem expense allowance and travel expenses fixed by law.
3. Shall cause to be kept a fair and full account of all medical affairs.
4. Shall have standard medical histories currently maintained on all patients, and administer or have administered the accepted and appropriate treatments to all patients under his care.
5. Shall undertake any diagnostic, medical or surgical procedure in the interest of the patient, but only with such patients consent, and may give the required consent [to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or] in an immediate life-threatening medical emergency when the patient is incompetent and there is no other person with legal authority to give such consent, [. The decision to perform such surgical operation shall be arrived at] only after consultation and approval of at least two other physicians [and surgeons] licensed to practice in this state.
κ1973 Statutes of Nevada, Page 1224 (CHAPTER 674, SB 511)κ
arrived at] only after consultation and approval of at least two other physicians [and surgeons] licensed to practice in this state.
6. May be a [physician] psychiatrist in private practice under contract to the division.
Sec. 32. NRS 433.123 is hereby amended to read as follows:
433.123 For the purpose of restricting the use or disclosure of any information concerning patients in the mental health center or the institute, the [superintendent] institute director or chief, as the case may be, shall establish and enforce reasonable regulations governing the custody, use and preservation of all records, files and communications on file at the mental health center or the institute.
Sec. 33. NRS 433.125 is hereby amended to read as follows:
433.125 The [superintendent] institute director may designate an employee or employees of the institute and the chief may designate an employee or employees of the mental health center to act as his deputy or deputies. In case of the absence of the [superintendent] institute director or chief or the inability of the [superintendent] institute director or chief for any cause to discharge the duties of his office in payment of claims, such duties shall devolve upon his deputy or deputies.
Sec. 34. NRS 433.140 is hereby amended to read as follows:
433.140 1. One or more physicians shall be employed for the institute and for the mental health center. They shall hold degrees of doctor of medicine from accredited medical schools, and they shall be licensed to practice medicine as provided by law.
2. Except as otherwise provided by law, their only compensation shall be annual salaries which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of [chapter 284 of NRS.] NRS 284.175.
3. The physicians shall perform such duties pertaining to the care and treatment of patients as may be required by the [superintendent if the physicians are employed at the institute, or the director, if they are employed at the mental health center.] medical director of the division mental health facility.
Sec. 35. NRS 433.143 is hereby amended to read as follows:
433.143 1. Physicians employed by the institute, mental health center or division shall receive a reasonable fee for evaluations, examinations or court testimony when directed by the court to perform such services.
2. The [superintendent] institute director and chief shall establish reasonable schedules of rates upon which such fees shall be based and collect and deposit such fees in the general fund in the state treasury.
Sec. 36. NRS 433.180 is hereby amended to read as follows:
433.180 Funds to carry out the provisions of NRS 433.005 to 433.640, inclusive, shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims relating to the institute shall be approved by the [superintendent] institute director and all claims relating to the mental health center shall be approved by the chief before they are paid.
Sec. 37. NRS 433.190 is hereby amended to read as follows:
433.190 The mental health institute revolving fund in the sum of $7,500 is hereby created, and may be used for the payment of institute bills requiring immediate payment, and for no other purposes.
κ1973 Statutes of Nevada, Page 1225 (CHAPTER 674, SB 511)κ
$7,500 is hereby created, and may be used for the payment of institute bills requiring immediate payment, and for no other purposes. The [superintendent] institute director is directed to deposit the revolving fund in one or more banks of reputable standing. Payments made from the mental health institute revolving fund shall be promptly reimbursed from appropriated funds of the institute on claims as other claims against the state are paid.
Sec. 38. NRS 433.195 is hereby amended to read as follows:
433.195 1. The [superintendent] institute director is authorized to accept gifts or bequests of money or property to the institute.
2. Monetary gifts or bequests shall be deposited in the state treasury in a fund to be known as the mental health institute gift fund, which is hereby created. The fund shall be a continuing fund, and no money in the fund shall be transferred to the general fund at any time. The money in the fund shall be used for institute purposes only and expended in accordance with the terms of the gift or bequest. The money in the fund shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the [superintendent] institute director before they are paid.
3. Gifts or bequests of property, other than money, may be sold or exchanged when it is deemed by the [superintendent] institute director and the administrator of the division to be in the best interest of the institute. The sale price shall not be less than 90 percent of the value determined by a qualified appraiser appointed by the [superintendent.] institute director. Moneys realized from the sale shall be deposited in the state treasury in the mental health institute gift fund and shall be spent for institute purposes only. Such property shall not be sold or exchanged if to do so would violate the terms of the gift or bequest.
Sec. 39. NRS 433.235 is hereby amended to read as follows:
433.235 If a committed person has a total income or potential income, from all sources, not exceeding the cost of maintenance, care and treatment, the [superintendent,] institute director, if such person is committed to the institute, or the chief, if such person is committed to the mental health center, may be appointed as guardian of such person and estate for the purposes of receiving such income and applying it toward such costs.
Sec. 40. NRS 433.280 is hereby amended to read as follows:
433.280 1. If, after a hearing and examination, the judge believes the person brought before him is an alcoholic or a drug addict, and has been a resident of Nevada for more than 1 year, he shall make an order committing such person to the institute or the mental health center, whichever is geographically convenient, for an indeterminate period of not more than 1 year; but no such order shall be made in respect to any person who has theretofore been committed to and has received treatment at the institute or the mental health center unless there has been first filed with the court a written report of the [superintendent, if such person was committed to the institute, or of the director, if such person was committed to the mental health center,] medical director of the institute or mental health center to which such person was committed, stating that the person is a suitable case for treatment, and if such report is not filed such person shall forthwith be discharged by the court.
κ1973 Statutes of Nevada, Page 1226 (CHAPTER 674, SB 511)κ
such person shall forthwith be discharged by the court. The judge shall interview such person prior to commitment, unless the interview is waived for cause upon a physicians certificate. A full transcript of the proceedings in the district court shall be filed with the [superintendent, if such person is ordered committed to the institute, or with the director, if such person is ordered committed to the mental health center,] medical director of the institute or mental health center to which such person is ordered committed, within 30 days after the commitment.
2. The costs of care and maintenance of any person ordered committed under subsection 1 shall be paid by such patient or the spouse, father, mother or children of such patient if of sufficient means and ability or, where such person is indigent, shall be a charge upon the state.
3. The [superintendent or] medical director may discharge any patient committed under subsection 1 of this section at any time if, in the opinion of the [superintendent or] medical director:
(a) Discharge would be in the best interest of the patient; or
(b) The patient has achieved maximum benefit from hospitalization.
Sec. 41. NRS 433.315 is hereby amended to read as follows:
433.315 1. Whenever a person legally adjudged to be mentally ill is deemed by the court or the administrator, upon medical consultation, to be a menace to public safety, and the court is satisfied that division facilities are inadequate to keep such mentally ill person safely confined, the court may, upon application of the administrator, commit such person to the Nevada state prison. The person shall be confined in the Nevada state prison until the further order of the committing court either transferring him to [the] a division facility or declaring him to be no longer mentally ill.
2. All the provisions of law, so far as the same are applicable, relating to the confinement of mentally ill persons in division facilities shall apply to confinement of mentally ill persons in the Nevada state prison.
Sec. 42. (Deleted by amendment.)
Sec. 43. NRS 433.410 is hereby amended to read as follows:
433.410 1. The daily or monthly rate for the subsistence and care of committed persons shall be determined by the [superintendent,] institute director, if such persons are committed to the institute, or the chief, if such persons are committed to the mental health center, and shall be payable monthly. The [superintendent] institute director or chief may require that such payments be made in advance. The note shall approximate the actual per diem cost per patient, for the class of patient care provided, for the previous fiscal year.
2. The cost of transportation to the institute or mental health center shall be payable with the first monthly payment.
3. The assessment of a rate less than the maximum shall not constitute a waiver to a claim for the difference between the actual rate and the maximum rate when the financial ability of responsible relatives or the estate of the committed person warrants the higher rate.
4. Previously determined payments may be decreased or increased by the [superintendent] institute director or chief if adverse or favorable changes in the financial status of responsible relatives or the estate of the committed person warrant such action.
κ1973 Statutes of Nevada, Page 1227 (CHAPTER 674, SB 511)κ
5. Rates of pay determined by the [superintendent] institute director or chief may be appealed to and reviewed by the administrator of the division. After review, the administrator may modify the determination of the [superintendent] institute director or chief.
6. Costs of clothing, personal needs, medical, surgical and related services which have to be purchased outside of the institute or mental health center shall be additional charges against responsible relatives or the estate of the committed person.
7. The unused portion of any advance payments shall be refundable to the source of payment in the event of the committed persons death, parole or discharge from the institute or mental health center.
Sec. 44. NRS 433.420 is hereby amended to read as follows:
433.420 1. The [superintendent] institute director or chief, as the case may be, may enter into special agreements secured by properly executed bonds with the relatives, guardians or friends of committed persons for subsistence, care or other expenses of such committed persons. Each agreement and bond shall be to the State of Nevada and any action to enforce the same may be brought by the [superintendent] institute director or chief.
2. Financially responsible relatives and the guardian of the estate of a committed person may, from time to time, pay moneys to the institute or mental health center for the future personal needs of the committed person and for his burial expenses. Sums so paid shall be credited to the patients personal deposit fund.
Sec. 45. NRS 433.430 is hereby amended to read as follows:
433.430 Moneys received by the [superintendent] institute director or chief for the care, maintenance and treatment of committed persons shall be paid to the state treasurer to be credited to the general fund for the use of the institute or mental health center, as the case may be. The [superintendent] institute director may include in the budget for the institute and the chief may include in the budget for the mental health center the amounts expected to be received under this section.
Sec. 46. NRS 433.435 is hereby amended to read as follows:
433.435 1. The [superintendent] institute director may establish at the institute and the chief may establish at the mental health center a patients commissary or store, which shall exist for the benefit and use of the patients. So far as practicable, sales of supplies and materials shall be at cost. The [superintendent] institute director shall keep, or cause to be kept, a record of all transactions of the commissary at the institute, and the chief shall do the same for the commissary at the mental health center.
2. The institute commissary fund and the mental health center commissary fund are hereby created, and shall be used to purchase supplies and materials for resale to the patients, to provide money for needy patients, and for such other incidentals as may be deemed necessary by the [superintendent] institute director for the institute, or by the chief, for the mental health center. All moneys drawn from the funds shall be repaid wherever possible.
3. The [superintendent] institute director is directed to deposit the institute commissary fund and the chief shall deposit the mental health center commissary fund in one or more banks of reputable standing, and the [superintendent] institute director and chief shall maintain a small sum as petty cash at each commissary.
κ1973 Statutes of Nevada, Page 1228 (CHAPTER 674, SB 511)κ
center commissary fund in one or more banks of reputable standing, and the [superintendent] institute director and chief shall maintain a small sum as petty cash at each commissary.
Sec. 47. NRS 433.440 is hereby amended to read as follows:
433.440 1. There shall be maintained at the institute and at the mental health center a fund to be known as the patients personal deposit fund.
2. Moneys coming into the possession of the [superintendent] institute director or chief belonging to a committed person shall be deposited in the name of that person in the fund, but when there is a guardian of his estate, the guardian shall have the right to demand and receive the funds.
3. When practicable, individual credits in the fund shall not exceed the sum of $150. When the individual credit exceeds the maximum sum, the excess may be applied by the [superintendent] institute director or chief for costs of support and care and other approved charges against the committed person.
4. Any money to the credit of an individual may be used for the purchase of personal necessities or may be applied to the expense of burial.
5. Money accepted for the benefit of a committed person for special purposes shall be reserved for such purposes regardless of the total amount to the credit of the committed person.
6. Except as provided in subsection 7, the [superintendent] institute director shall deposit the fund for the institute and the chief shall deposit the fund for the mental health center in a commercial account with a bank of reputable standing. When deposits in the commercial account exceed $15,000, the [superintendent] institute director or the chief, as the case may be, may deposit the excess, at interest, in a savings account in any reputable commercial bank or federally insured savings and loan association within the state. The savings account shall be in the name of the fund. Interest paid by the bank on deposits in the savings account shall be usable for recreation purposes:
(a) At the institute, if the interest has accrued on the fund deposited by the [superintendent;] institute director; or
(b) At the mental health center, if the interest has accrued on the fund deposited by the chief.
7. The [superintendent] institute director may maintain at the institute and the chief may maintain at the mental health center a petty cash fund of not more than $400 of the moneys in the patients personal deposit fund to enable patients to withdraw small sums from their accounts.
Sec. 48. NRS 433.451 is hereby amended to read as follows:
433.451 1. The [superintendent] institute director or chief, as the case may be, is authorized to receive personal effects and property of committed persons for safekeeping if facilities are available for the proper storage and safeguarding of such property. If facilities are not available, the [superintendent] institute director or chief may remove or cause to be removed such personal property from its location to commercial storage for the benefit of the committed person, and the expense of the removal and safekeeping shall be paid by funds of the committed person or from funds appropriated for the support of the institute or mental health center, as the case may be.
κ1973 Statutes of Nevada, Page 1229 (CHAPTER 674, SB 511)κ
of the removal and safekeeping shall be paid by funds of the committed person or from funds appropriated for the support of the institute or mental health center, as the case may be.
2. When it is determined that the committed person is incurably ill, or that he will be required to remain at the institute or mental health center for an extended period of time, such property may be sold for the benefit of the patient if not recovered by his legal representative. The sale price in each case shall be not less than 10 percent below the total value of such property when the total value is estimated to be $100 or more. Where the total value is estimated to be $100 or more, a qualified appraiser shall be appointed by the [superintendent] institute director or chief to determine such value. When relatives are known they shall be advised of a pending sale of the property and shall be given first opportunity to purchase the property. Moneys realized from sales of such property shall be deposited at the institute or mental health center in the same manner as other personal credits of committed persons are made.
Sec. 49. NRS 433.453 is hereby amended to read as follows:
433.453 Whenever any person committed to the institute or mental health center dies and there is no demand made upon the [superintendent] institute director or chief by such decedents legally appointed representative, all personal property of such decedent remaining in the custody or possession of the [superintendent] institute director or chief thereof, pursuant to the provisions of this chapter, shall be held by him for a period of 1 year from the date of the decedents death for the benefit of the heirs, legatees or successors of such decedent. Upon the expiration of this period, all personal property and documents of the decedent, other than cash remaining unclaimed, in the possession of the [superintendent] institute director or chief shall be disposed of as follows:
1. All deeds, contracts or documents shall be filed by the [superintendent] institute director or chief with the public administrator of the committing county.
2. All other personal property shall be sold at public auction or upon a sealed bid basis, and the proceeds of the sale shall be applied to the decedents unpaid balance for costs incurred at the institute or mental health center.
Sec. 50. NRS 433.455 is hereby amended to read as follows:
433.455 When any person committed to the institute or mental health center is discharged and fails to recover or make arrangements to recover personal property in the custody of the [superintendent] institute director or chief, such property shall be held in safekeeping for the benefit of the patient for a period of 1 year from the date of discharge. If upon the expiration of the 1-year period no claim has been made upon the [superintendent] institute director or chief by such person or his legal representative, all such property may be considered as unclaimed property and be disposed of in the same manner as unclaimed property of deceased persons under the provisions of this chapter.
Sec. 51. NRS 433.457 is hereby amended to read as follows:
433.457 If, upon the death or release of a person committed to the institute or mental health center, the value of unclaimed personal property in the possession of the [superintendent] institute director or chief is so minimal that it cannot be sold at public auction or by sealed bid and if such property, either in its present condition or in an improved or adapted condition, cannot be used by the institute or mental health center, the [superintendent] institute director or chief may order such personal property destroyed.
κ1973 Statutes of Nevada, Page 1230 (CHAPTER 674, SB 511)κ
institute or mental health center, the value of unclaimed personal property in the possession of the [superintendent] institute director or chief is so minimal that it cannot be sold at public auction or by sealed bid and if such property, either in its present condition or in an improved or adapted condition, cannot be used by the institute or mental health center, the [superintendent] institute director or chief may order such personal property destroyed.
Sec. 52. NRS 433.460 is hereby amended to read as follows:
433.460 1. When a committed person has money due or owing to him, the total of which does not exceed $300, the [superintendent,] institute director, if such person is committed to the institute or the chief, if such person is committed to the mental health center, may collect the money from the debtor upon executing and delivering to him an affidavit containing:
(a) The name of the institute or the mental health center, as the case may be.
(b) The name of the committed person.
(c) A statement that the total amount known to be due to the committed person does not exceed $300.
2. Moneys paid to the [superintendent] institute director or chief shall be deposited by him in the patients personal deposit fund to be credited to the committed person, except as provided in NRS 433.235.
3. A receipt delivered by the [superintendent] institute director or chief to the debtor shall constitute a good and sufficient release for the payment of the money made by a debtor pursuant to the provisions of this section and shall fully discharge the debtor from any further liability in reference to the amount so paid.
4. Payments due to a committed person from retirement programs, annuity plans, government benefits, insurance benefits or any other form of monetary benefits due and owing to such committed person may be collected by the [superintendent] institute director or chief, upon notice to the agency or person responsible for such payments. Such moneys shall be deposited in the patients personal deposit fund pursuant to NRS 433.440.
Sec. 53. NRS 433.470 is hereby amended to read as follows:
433.470 Annually, at the end of each fiscal year, the [superintendent] institute director shall account to the state treasurer on the status of the personal account of each person committed to the institute and the chief shall do the same for such accounts of persons committed to the mental health center. The account shall be confirmed by a certificate of balance from the bank where funds are on deposit in commercial and savings accounts.
Sec. 54. NRS 433.500 is hereby amended to read as follows:
433.500 When the guardian or responsible relative becomes unable to provide any longer for a committed person, upon a proper showing to the district court where the appointment of the guardian was made or where the person was committed, the court shall certify such fact to the [superintendent,] institute director, if the person is committed to the institute, or to the chief if such person is committed to the mental health center. From the date of certification by the court, the [superintendent] institute director or chief, as the case may be, shall release the guardian or responsible relative, as the case may be, from any further liability on account of his bond and further payments to the institute or mental health center, and shall immediately transfer the committed person to the status of an indigent.
κ1973 Statutes of Nevada, Page 1231 (CHAPTER 674, SB 511)κ
responsible relative, as the case may be, from any further liability on account of his bond and further payments to the institute or mental health center, and shall immediately transfer the committed person to the status of an indigent.
Sec. 55. NRS 433.530 is hereby amended to read as follows:
433.530 The [superintendent or director,] medical director of the institute or mental health center, as the case may be, may authorize the transfer of a committed person to a general hospital for necessary diagnostic, medical or surgical services not available at the institute or mental health center. Such services shall be performed at a hospital designated by [the superintendent or director,] such medical director, and in no case shall the patient be transported to the county charged with the costs of such patients hospitalization unless [the superintendent or director, as the case may be,] such medical director deems it convenient to the institute or mental health center and in the best interests of the patient. The expense of diagnostic, medical and surgical services furnished by persons not on the institute staff nor on the staff of the mental health center, whether rendered while the committed person is a patient in a general hospital, an outpatient of a general hospital or treated outside any hospital, and hospitalization incidental and necessary thereto, shall be paid by those made responsible for such patients care under the order of commitment, or, in the case of an indigent patient, shall be a charge upon the county from which the commitment was made, if the indigent prior to commitment had been a resident of that county for more than 1 year.
Sec. 56. NRS 433.535 is hereby amended to read as follows:
433.535 The [superintendent or director,] medical director of the institute or mental health center, as the case may be, may authorize the transfer to a United States Veterans Administration hospital or facility of any committed patient eligible for treatment therein.
Sec. 57. NRS 433.550 is hereby amended to read as follows:
433.550 1. When a patient, hospitalized by court order, is discharged, written notice of such discharge shall be given to the county clerk of the county from which such patient was committed.
2. An indigent resident of this state discharged as having recovered from his mental illness, but having a residual medical or surgical disability which prevents him from obtaining or holding remunerative employment, shall be returned to the county of his last residence. A nonresident indigent with such disabilities shall be returned to the county from which he was committed. The [superintendent,] institute director, if such person was committed to the institute, or the director, if such person was committed to the mental health center, shall first give notice in writing, not less than 10 days prior to discharge, to the board of county commissioners of the county to which such person will be returned.
3. Delivery of the indigent resident defined in subsection 2 shall be made to an individual or agency authorized to provide further care.
4. Nothing contained in this section shall authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.
5. [The superintendent or the director, as the case may be, shall not discharge a] No patient known to have exhibited physical violence toward persons or property immediately prior to commitment and who was committed subject to further order of the court [, without first giving notice in writing,] shall be discharged from the institute or mental health center unless written notice is given, not less than 10 days prior to discharge, to the court or judge who ordered such patient committed.
κ1973 Statutes of Nevada, Page 1232 (CHAPTER 674, SB 511)κ
toward persons or property immediately prior to commitment and who was committed subject to further order of the court [, without first giving notice in writing,] shall be discharged from the institute or mental health center unless written notice is given, not less than 10 days prior to discharge, to the court or judge who ordered such patient committed. The [superintendent or the director, as the case may be, may release the] patient may then be released without obtaining further court orders.
Sec. 58. NRS 433.560 is hereby amended to read as follows:
433.560 An indigent patient discharged [by the superintendent or the director, as the case may be,] from the institute or the mental health center because he is a dotard, and not mentally ill, shall be received by the authorities of the county having charge of the poor in the county where such patient last resided, or, in the case of nonresidents of the state, in the county from which he was committed, and the cost of returning him to the county shall be a charge upon that county.
Sec. 59. NRS 433.570 is hereby amended to read as follows:
433.570 1. [The superintendent, if the patient is committed to the institute, or the director if the patient is committed to the mental health center, may conditionally release any patient when, in the judgment of the superintendent or director,] Any patient may be conditionally released from the institute or the mental health center when, in the judgment of the medical director of such facility, such convalescent status is in the best interest of the patient and will not be detrimental to the public welfare.
2. When a committed patient is conditionally released pursuant to subsection 1, the state or any of its agents or employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the patient.
Sec. 60. NRS 433.610 is hereby amended to read as follows:
433.610 1. Upon the death of a patient, any known relatives or friends of such patient shall be notified immediately of the fact of death.
2. The [superintendent,] institute director, if a deceased patient was committed to the institute, or the chief if such deceased patient was committed to the mental health center, shall provide a decent burial for any deceased patient at any cemetery without the institute or mental health center grounds. The [superintendent] institute director or chief, as the case may be, is authorized to enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as he deems proper, for such a decent burial. Where there are known relatives, and they are financially able, the cost of burial shall be borne by such relatives. Where there are no known relatives, the cost of such burial shall be a charge against the State of Nevada, but the cost thereof shall not exceed the amount charged for the burial of indigents in the county in which the burial takes place.
3. When a committed person has income from a pension payable through the institute or mental health center providing for funeral expenses, and has no guardian, the institute or mental health center may obligate operating funds for funeral expenses in the amount due under the pension benefits.
Sec. 61. NRS 433.630 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1233 (CHAPTER 674, SB 511)κ
433.630 1. Any person or employee of the institute or mental health center is guilty of a misdemeanor who:
(a) Willfully abuses a patient of the institute or mental health center;
(b) Brings intoxicating beverages or a controlled substance as defined in chapter 453 of NRS into buildings occupied by patients unless specifically authorized or ordered to do so by the [superintendent, chief] institute director, chief, medical director or a staff physician;
(c) Is under the influence of liquor, or a controlled substance as defined in chapter 453 of NRS, while employed in contact with patients, unless in accordance with a prescription issued to such person by a physician, podiatrist or dentist;
(d) Enters into any transaction with a committed patient involving the transfer of money or property for personal use or gain at the expense of such committed patient; or
(e) Contrives the escape, elopement, or absence of a patient.
2. Any person who is convicted of a misdemeanor under this section shall, for a period of 5 years, be ineligible for appointment to or employment in a position in the state service, and, if he is an officer or employee of the state, he shall forfeit his office or position.
Sec. 62. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 63 and 64 of this act.
Sec. 63. Institute director means the executive and administrative head of the Nevada mental health institute.
Sec. 64. Medical director or director means the medical head of the Nevada mental health institute and the medical head of the Las Vegas mental health center.
Sec. 65. NRS 433.647 is hereby amended to read as follows:
433.647 [Unless] As used in NRS 433.645 to 433.739, inclusive, and sections 63 and 64 of this act, unless the context otherwise requires, the words and terms defined in NRS 433.649 to [433.662, inclusive,] 433.661, inclusive, and sections 63 and 64 of this act shall have the meanings ascribed to them in NRS 433.649 to [433.662, inclusive.] 433.661, inclusive, and sections 63 and 64 of this act.
Sec. 66. NRS 433.667 is hereby amended to read as follows:
433.667 1. Any voluntary patient admitted to any hospital pursuant to NRS 433.665 who is 18 years of age or over is entitled at any time to obtain his release from such hospital by filing a written request with the chief of service. The chief of service shall, within a period of 48 hours after the receipt of any such request, release the voluntary patient making such request, unless proceedings for hospitalization under court order, pursuant to NRS 433.685 to 433.697, inclusive, have been initiated. In the case of any voluntary patient under the age of 18 years, the chief of service shall release such patient, according to the provisions of this section, upon the written request of his spouse, parent or legal guardian.
2. The chief of service may release any voluntary patient hospitalized pursuant to NRS 433.665 whenever he determines that such patient has recovered or that his continued hospitalization is no longer beneficial to him or advisable. Release pursuant to this subsection is subject to the prior approval of the [superintendent,] medical director of the mental health facility, if such person is hospitalized at the Nevada mental health institute, or [the director if such person is hospitalized] at the Las Vegas mental health center.
κ1973 Statutes of Nevada, Page 1234 (CHAPTER 674, SB 511)κ
health facility, if such person is hospitalized at the Nevada mental health institute, or [the director if such person is hospitalized] at the Las Vegas mental health center.
Sec. 67. NRS 433.699 is hereby amended to read as follows:
433.699 1. When a person is committed to a hospital under one of the various forms of commitment prescribed by law, the parent or parents of a mentally ill person who is a minor or the husband or wife or adult child of a mentally ill person, if of sufficient ability, and the estate of such mentally ill person, if such estate is sufficient for the purpose, shall pay the cost of such mentally ill persons maintenance, including treatment and surgical operations, in any hospital in which such person is hospitalized under the provisions of this chapter:
(a) To the [superintendent,] institute director, if such person is committed to the Nevada mental health institute;
(b) To the chief, if such person is committed to the Las Vegas mental health center; or
(c) In all other cases, to the hospital rendering the service.
2. If such persons and estates liable for the care, maintenance and support of a committed person neglect or refuse to pay the [superintendent,] institute director, chief or the hospital rendering service, the state is entitled to recover, by appropriate legal action, all sums due plus interest at the rate of 7 percent per annum.
Sec. 68. NRS 433.7005 is hereby amended to read as follows:
433.7005 1. Once a court has committed a person to the Nevada mental health institute or the Las Vegas mental health center, the [superintendent] institute director or chief shall make an investigation, pursuant to the provisions of this chapter, to determine whether or not such person or his relatives are capable of paying for all or a portion of the costs that will be incurred during such commitment.
2. If such investigation reveals that the committed persons estate or his relatives are capable of paying such costs, the [superintendent] institute director or chief may petition the court of commitment to modify its original order and require that such estate or relatives pay such expenses if such order did not so provide, or such petition may request increased payments as a result of such investigation.
Sec. 69. NRS 433.701 is hereby amended to read as follows:
433.701 1. If any person, made liable to the [superintendent] institute director or chief for the maintenance of a mentally ill person under NRS 433.700, fails to provide or pay for such maintenance, the administrator of the division shall petition the district court of the county in which such patient is hospitalized for a citation to show cause why such person should not be adjudged to pay a portion or all of the expenses of maintenance of such patient. The citation shall be served at least 10 days before the hearing thereon.
2. If, upon the hearing as authorized under subsection 1, it appears to the court that the mentally ill person or the relative determined to be responsible has sufficient estate out of which some or all of the determined amount may be met, the court shall make an order requiring payment by such patient or relative of such sum or sums as it may find he is reasonably able to pay and as may be necessary to provide for the maintenance and treatment of such mentally ill person.
κ1973 Statutes of Nevada, Page 1235 (CHAPTER 674, SB 511)κ
Sec. 70. NRS 433.7011 is hereby amended to read as follows:
433.7011 If at any time there is not sufficient money available in the estate of a committed person to pay the claims of the Nevada mental health institute or Las Vegas mental health center for his care, support, maintenance and other expenses therein, the court may on petition of the guardian of the estate, or if the guardian refuses or neglects to petition, on the petition of the [superintendent] institute director or chief, make an order directing the guardian to sell so much of the other personal or real property, or both, in the persons estate as is necessary to pay for such expenses incurred at such institute or mental health center and also such other charges as are allowed by law.
Sec. 71. NRS 433.7015 is hereby amended to read as follows:
433.7015 1. If the [superintendent] institute director or chief has reason to believe that a person is suffering from a chronic form of mental illness and will probably be hospitalized until death, he shall file a certificate with the county clerk of the county of commitment.
2. Such certificate shall be prima facie evidence that such person is not likely to recover or be released from the Nevada mental health institute or Las Vegas mental health center and the guardian shall pay the amount due for his care, support, maintenance and expenses at such institute or mental health center and such other charges as are allowed by law out of any moneys of the estate in his possession.
Sec. 72. NRS 433.703 is hereby amended to read as follows:
433.703 1. Any order issued pursuant to NRS 433.701:
(a) Shall require the payment of such sums to the [superintendent] institute director or the chief, as the case may be, annually, semiannually, quarterly or monthly as the court may direct.
(b) May be enforced, as provided in chapter 31 of NRS, against any property of the mentally ill person or the person liable or undertaking to maintain him.
2. All sums received by the [superintendent] institute director or chief pursuant to subsection 1 shall be deposited in the state treasury and may be expended by the division for the support of the Nevada mental health institute or the Las Vegas mental health center in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 73. NRS 433.713 is hereby amended to read as follows:
433.713 1. Any patient hospitalized pursuant to a court order obtained under NRS 433.695, or his attorney, legal guardian, spouse, parent or other nearest adult relative, is entitled, upon the expiration of 90 days following such order and not more frequently than every 6 months thereafter, to request, in writing, the chief of service of the hospital in which the patient is hospitalized to have a current examination of his mental condition made by one or more physicians. If the request is timely it shall be granted. The patient is entitled, at his own expense, to have any duly qualified physician participate in such examination. In the case of any such patient who is indigent, the department of health, welfare and rehabilitation shall, upon the written request of such patient, assist him in obtaining a duly qualified physician to participate in such examination in the patients behalf. Any such physician so obtained by such indigent patient shall be compensated for his services out of any unobligated funds of such department in an amount determined by it to be fair and reasonable.
κ1973 Statutes of Nevada, Page 1236 (CHAPTER 674, SB 511)κ
unobligated funds of such department in an amount determined by it to be fair and reasonable.
2. If the chief of service, after considering the reports of the physicians conducting such examination, determines that the patient is no longer mentally ill to the extent that he is likely to injure himself or others if not hospitalized, the chief of service shall order the immediate release of the patient. However, if the chief of service, after considering such reports, or another physician examining the patient, determines that such patient continues to be mentally ill to the extent that he is likely to injure himself or others if not hospitalized, but one or more of the physicians participating in such examination reports that the patient is not mentally ill to such extent, the patient may petition the court for an order directing his release. Such petition shall be accompanied by the reports of the physicians who conducted the examination of the patient.
3. Release pursuant to subsection 2 is subject to the prior approval of the [superintendent,] medical director of the mental health facility, if the patient is committed to the Nevada mental health institute, or [of the director if such patient is committed] to the Las Vegas mental health center.
Sec. 74. NRS 433.717 is hereby amended to read as follows:
433.717 1. The chief of service of a public or private hospital shall as often as practicable, but not less often than every 6 months, examine or cause to be examined each patient admitted to any such hospital pursuant to NRS 433.695, and if he determines on the basis of such examination that the conditions which justified the involuntary hospitalization of such patient no longer exist, the chief of service shall immediately release such patient.
2. Release pursuant to subsection 1 shall be subject to the approval of the [superintendent] medical director of the mental health facility, if such patient is committed to the Nevada mental health institute, or [of the director if such patient is committed] to the Las Vegas mental health center.
3. Nothing in subsections 1 and 2 shall be construed to prohibit any person from exercising any right presently available to him for obtaining release from confinement, including the right to petition for a writ of habeas corpus.
4. If a patient has been committed, until further order of the court, the [superintendent or the director, as the case may be,] medical director of the division mental health facility shall give written notice to such court 10 days prior to the release of such patient, and [the superintendent or director, as the case may be,] such medical director may authorize such release without requiring further orders of the court.
Sec. 75. NRS 435.081 is hereby amended to read as follows:
435.081 1. The administrator of the division is authorized to receive and care for mentally retarded children of the State of Nevada in a facility operated by the division when:
(a) A person is properly committed to the care of the administrator of the division; or
(b) Admission of children not over the age of 21 years is requested by a parent, parents or guardian upon application to the administrator of the division,
κ1973 Statutes of Nevada, Page 1237 (CHAPTER 674, SB 511)κ
a parent, parents or guardian upon application to the administrator of the division,
and space is available in a facility operated by the division which is designed and equipped to treat the patient seeking admission.
2. A minor child over 2 years of age may be received, cared for and examined at the Nevada mental health institute without commitment, if such examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of subsection 1 of NRS 62.200, in which event the [superintendent] medical director of such institute shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed 15 days after the [superintendents] medical directors report.
Sec. 76. NRS 435.085 is hereby amended to read as follows:
435.085 The [superintendent] medical director of the Nevada mental health institute, if a mentally retarded child is committed to such institute, or the administrator of the division, if such child is admitted to another facility operated by the division, may authorize the transfer of a committed mentally retarded child to a general hospital for necessary diagnostic, medical or surgical services not available at the Nevada mental health institute or other type facility. Such services shall be performed at a hospital designated by [the superintendent] such medical director or administrator; and in no case shall the patient be transported to the county charged with the costs of such patients hospitalization unless the [superintendent] medical director or administrator, as the case may be, deems it convenient to the institute or other type facility, and in the best interests of the patient. The expense of diagnostic, medical and surgical services furnished by persons not on the institute staff nor on the staff of the other type facility, whether rendered while the committed mentally retarded child is a patient in a general hospital, an outpatient of a general hospital or treated outside any hospital, and hospitalization incidental and necessary thereto, shall be paid by those made responsible for such patients care under the order of commitment, or, in case the parents or guardian of the mentally retarded child are indigent or such child does not have an adequate estate, such charge shall be paid by the county from which the commitment was made.
Sec. 77. NRS 436.010 is hereby amended to read as follows:
436.010 As used in this chapter, unless the context requires otherwise:
1. Administrator means the administrator of the mental hygiene and mental retardation division.
2. Board means the mental hygiene and mental retardation advisory board.
3. Department means the department of health, welfare and rehabilitation.
4. Division means the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation.
5. Division facility means any unit or subunit operated by the division.
Sec. 78. NRS 436.012 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1238 (CHAPTER 674, SB 511)κ
436.012 The administrator shall:
[1. Be a physician eligible for licensing in this state under the provisions of chapter 630 of NRS.
2. Have a minimum of 7 years of successful experience in a combination of private and institutional psychiatric practice, which shall include responsible administrative experience.
3. Be selected on the basis of his training, experience, capacity and interest in the care of mentally ill and mentally retarded persons, and his capability to administer institutions for such people.
4. Receive an annual salary, which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.]
1. Have training and demonstrated administrative qualities of leadership in the professional fields of either psychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of mentally ill and mentally retarded persons.
3. Have such additional qualifications as are in accordance with criteria prescribed by the department of personnel.
4. Be in the unclassified service of the state, be compensated by an annual salary determined pursuant to the provisions of NRS 284.182 and receive the per diem expense allowance and travel expenses fixed by law.
Sec. 79. NRS 436.013 is hereby amended to read as follows:
436.013 1. The administrator shall have the following powers and duties:
[1.] (a) To serve as the executive officer of the division.
[2.] (b) To make [a biennial] an annual report to the director of the department on the condition and operation of the division, and such other reports as the director may prescribe.
[3. To appoint a chief of the Las Vegas mental health center, who shall be selected pursuant to NRS 433.1223.
4.] (c) To appoint such administrative personnel as are necessary to operate the state mental hygiene and mental retardation programs, including but not limited to, a clinic director for each mental health center, the institute director for the Nevada mental health institute, the chief of the Las Vegas mental health center and an associate administrator for mental retardation.
(d) To employ, within the limits of available funds in accordance with the provisions of chapter 284 of NRS, such assistants and employees as may be necessary to the efficient operation of the division.
2. The division administrator shall appoint the administrative officers of division facilities and shall delegate to them the power to appoint such medical, technical, clerical and operational staff as are necessary for the operation of their respective division facilities. Such appointments by administrative officers shall be made in accordance with the provisions of chapter 284 of NRS. Each medical director so appointed shall be in the unclassified service and shall be compensated by an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
κ1973 Statutes of Nevada, Page 1239 (CHAPTER 674, SB 511)κ
salary in an amount determined pursuant to the provisions of NRS 284.182. All other physicians so appointed shall be in the classified service and shall be compensated by annual salaries which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of NRS 284.175.
3. If the administrator of the division finds that it is necessary or desirable that any employee reside at a division facility or receive meals at such facility, perquisites granted to such person or charges for services rendered to such persons shall be at the discretion of the governor.
Sec. 80. Chapter 436 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The medical director of a state operated mental health center other than the Nevada mental health institute or the Las Vegas mental health center shall be the medical head of such mental health center and:
1. Shall be a psychiatrist licensed to practice medicine as provided by law.
2. Shall be in the unclassified service, shall be compensated by an annual salary in an amount determined pursuant to the provisions of NRS 284.182 and shall receive the per diem expense allowance and travel expenses fixed by law.
3. Shall cause to be kept a fair and full account of all medical affairs.
4. Shall have standard medical histories currently maintained on all patients, and administer or have administered the accepted and appropriate treatments to all patients under his care.
5. Shall undertake any diagnostic, medical or surgical procedure in the interest of the patient, but only with such patients consent; and may give the required consent in an immediate life-threatening medical emergency when the patient is incompetent and there is no other person with legal authority to give such consent, only after consultation and approval of at least two other physicians licensed to practice in this state.
6. Shall have such additional qualifications as are in accordance with criteria prescribed by the department of personnel.
7. May be a psychiatrist in private practice under contract to the division.
Sec. 81. NRS 502.077 is hereby amended to read as follows:
502.077 1. Notwithstanding any other provision of this Title, annually upon the payment of the fee prescribed by subsection 3, the department shall issue to the [superintendent and medical director] institute director of the Nevada mental health institute not to exceed 30 special fishing permit badges for use only by patients in the Nevada mental health institute.
2. Such permit badges shall:
(a) During the time a patient is fishing, be worn conspicuously on the front of his outer garment.
(b) Authorize a patient to fish during the open season if in the company of an employee of the Nevada mental health institute.
(c) Be issued pursuant and subject to regulations prescribed by the commission.
(d) Contain the initials NMHI and the number of the permit printed on the face of the permit badge.
κ1973 Statutes of Nevada, Page 1240 (CHAPTER 674, SB 511)κ
3. The [superintendent and medical director] institute director of the Nevada mental health institute shall pay, from the mental health institute gift fund, an annual fee of $1 for each permit badge issued by the department pursuant to this section.
4. It is unlawful for any person other than a patient in the Nevada mental health institute to wear a permit badge issued by the department pursuant to this section.
Sec. 82. NRS 433.007, 433.012, 433.130, 433.133, 433.135, 433.652, 433.662 and section 87 of chapter 69, Statutes of Nevada 1973, are hereby repealed.
Sec. 83. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is added or further amended by another act, if reference is made to the former superintendent of the Nevada mental health institute, substitute an appropriate reference to the institute director or the medical director of such institute.
Sec. 84. This act shall become effective at 12:02 a.m. on July 1, 1973.
________
Senate Bill No. 516Senator Wilson
CHAPTER 675
AN ACT relating to planning and zoning; requiring master planning, zoning regulation and zoning administration in certain counties to be based on the criterion of accountability for the preservation of natural resources; and providing other matters properly relating thereto.
[Approved April 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 268.190 is hereby amended to read as follows:
268.190 Except as otherwise provided by law, the city planning commission shall have power:
1. To recommend and advise the city council and all other public authorities concerning:
(a) The laying out, widening, extending, paving, parking and locating of streets, sidewalks and boulevards.
(b) The betterment of housing and sanitary conditions, and the establishment of zones or districts within which lots or buildings may be restricted to residential use, or from which the establishment, conduct or operation of certain business, manufacturing or other enterprises shall be excluded, and limiting the height, area and bulk of buildings and structures therein.
2. To recommend to the city council and all other public authorities plans and regulations for the future growth, development and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds and vacant lots [.] , which shall include for each city a population plan if required by NRS 278.170.
κ1973 Statutes of Nevada, Page 1241 (CHAPTER 675, SB 516)κ
3. To do and perform any and all other acts and things necessary or proper to carry out the provisions of NRS 268.100 to 268.220, inclusive, and in general to study and propose such measures as may be for the municipal welfare [.] and in the interest of protecting the municipal areas natural resources from impairment.
Sec. 2. NRS 268.240 is hereby amended to read as follows:
268.240 For the purpose of promoting the health, safety, morals, convenience, property or general welfare of the community, protecting the communitys natural resources from impairment, and conforming to the adopted population plan, the city council or other legislative body, designated in NRS 268.230 to 268.300, inclusive, as a city council of any city or incorporated town of this state, may by ordinance:
1. Regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the location and use of buildings, structures and land for trade, industry, residence or other purposes.
2. Establish lines designating the distance at which buildings shall be erected from the property line of any lot or lots in the city.
Sec. 3. NRS 268.260 is hereby amended to read as follows:
268.260 1. All regulations shall be made in accordance with a comprehensive plan [,] incorporating at least the mandatory requirements of a master plan, and designed to:
(a) Lessen congestion in the streets.
(b) Secure safety from fire, panic and other dangers.
(c) Protect property and promote the health, safety and general welfare.
(d) Provide adequate light and air.
(e) Prevent the overcrowding of land [.] and otherwise protect the districts natural resources from impairment.
(f) Conserve the value of the buildings and structures in the district.
2. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of property and encouraging the most appropriate use of land throughout the city.
Sec. 4. NRS 278.020 is hereby amended to read as follows:
278.020 1. For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing bodies of cities and counties are authorized and empowered to regulate and restrict the improvement of land and to control the location and soundness of structures.
2. Any such regulation, restriction and control shall take into account the potential impairment of natural resources and the total population which the available natural resources will support without unreasonable impairment.
Sec. 5. NRS 278.150 is hereby amended to read as follows:
278.150 1. The planning commission shall prepare and adopt a comprehensive, long-term general plan for the physical development of the city, county or region which in the commissions judgment bears relation to the planning thereof.
κ1973 Statutes of Nevada, Page 1242 (CHAPTER 675, SB 516)κ
2. The plan shall be known as the master plan, and shall be so prepared that all or portions thereof, except as provided in subsection 3, may be adopted by the [legislative] governing body, as provided in NRS 278.010 to 278.630, inclusive, as a basis for the development of the city, county or region for such reasonable period of time next ensuing after the adoption thereof as may practically be covered thereby.
3. In counties having a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, if the governing body of the city or county adopts only a portion of the master plan, it shall include in any such portion a conservation plan and a population plan as provided in NRS 278.160.
Sec. 6. NRS 278.160 is hereby amended to read as follows:
278.160 1. The master plan, with the accompanying maps, diagrams, charts, descriptive matter and reports, shall include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The plan shall also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land and in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils [,] through proper clearing, grading and landscaping, beaches, and shores, and protection of watersheds. The plan shall also indicate the maximum tolerable air pollution level.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public funds in order to provide for the economical and timely execution of the various components of the plan.
(d) Housing. Survey of housing conditions and needs and plans and procedure for improvement of housing standards and for the provision of adequate housing.
(e) Land use plan. An inventory and classification of natural land types and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land.
(f) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(g) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
[(g)] (h) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor.
κ1973 Statutes of Nevada, Page 1243 (CHAPTER 675, SB 516)κ
[(h)] (i) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
[(i)] (j) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
[(j)] (k) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of street naming or numbering, and house numbering, with recommendations concerning proposed changes.
[(k)] (l) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
[(l)] (m) Transportation plan. Showing a comprehensive transportation system, including locations of rights-of-way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, shall be deemed to prohibit the preparation and adoption of any such subject as a part of the master plan.
Sec. 7. NRS 278.170 is hereby amended to read as follows:
278.170 1. The commission may prepare and adopt all or any part of the master plan or any subject thereof, except as provided in subsection 2, for all or any part of the city, county or region; but master regional plans shall be coordinated with similar plans of adjoining regions, and master county and city plans within each region shall be coordinated so as to fit properly into the master plan for the region.
2. In counties having a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, if the commission prepares and adopts less than all subjects of the master plan, as outlined in NRS 278.160, it shall include, in any such preparation and adoption, the conservation and population plans described in such section.
Sec. 8. NRS 278.230 is hereby amended to read as follows:
278.230 1. Whenever the governing body of any city or county shall have adopted a master plan or part thereof for the city or county, or for any major section or district thereof, the governing body shall, upon recommendation of the planning commission, determine upon reasonable and practical means for putting into effect the master plan or part thereof, in order that the same will serve as a pattern and guide for [the] that kind of orderly physical growth and development of the city or county which will cause the least amount of natural resource impairment and will conform to the adopted population plan, where required, and as a basis for the efficient expenditure of funds thereof relating to the subjects of the master plan.
κ1973 Statutes of Nevada, Page 1244 (CHAPTER 675, SB 516)κ
2. The governing body may adopt and use such procedure as may be necessary for this purpose.
Sec. 9. NRS 278.250 is hereby amended to read as follows:
278.250 1. For any or all of the purposes of NRS 278.010 to 278.630, inclusive, the governing body may divide the city, county or region into districts of such number, shape and area as may be deemed best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive. Within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.
2. Such regulations shall be made in accordance with the master plan for land use and shall be designed:
(a) To lessen congestion in the streets.
(b) To secure safety from fire, panic and other danger.
(c) To promote health and the general welfare.
(d) To provide adequate light and air.
(e) To prevent the overcrowding of land [.] and otherwise protect the districts natural resources from unreasonable impairment.
(f) To [avoid undue concentration of population.] conform to the adopted population plan, if required by NRS 278.170.
(g) To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
3. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.
Sec. 10. NRS 278.300 is hereby amended to read as follows:
278.300 1. The board of adjustment shall have the following powers:
(a) To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures.
(b) To hear and decide, in accordance with the provisions of any such regulation, requests for variances, or for interpretation of any map, or for decisions upon other special questions upon which the board is authorized by any such regulation to pass.
(c) Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under NRS 278.010 to 278.630, inclusive, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property, to authorize a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good, without substantial impairment of affected natural resources and without substantially impairing the intent and purpose of any ordinance or resolution.
κ1973 Statutes of Nevada, Page 1245 (CHAPTER 675, SB 516)κ
(d) To hear and decide requests for special use permits or other special exceptions, in such cases and under such conditions as the regulations may prescribe.
2. The unanimous concurring vote of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official or agency, or to decide in favor of the appellant.
Sec. 11. NRS 278.317 is hereby amended to read as follows:
278.317 1. The governing body may reserve to itself the power to review decisions of the board of adjustment or planning commission, or both, with respect to special exceptions or variances, or both, and to affirm, modify or reverse any such decision.
2. In reviewing such decisions, the governing body shall be guided by the statement of purpose underlying land improvement regulation expressed in NRS 278.020.
Sec. 12. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 527Committee on Transportation
CHAPTER 676
AN ACT relating to motor vehicle carriers; authorizing the issuance of certificates of convenience and necessity to tow car operators for the use of vehicles which are not tow cars; and providing other matters properly relating thereto.
[Approved April 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Subject to the provisions of subsection 2, any person holding a certificate of public convenience and necessity for transportation of vehicles by use of a tow car on July 1, 1973, and who, within 90 days after July 1, 1973, files an application with the commission shall be granted a certificate of public convenience and necessity for transportation of vehicles by use of:
(a) A motorcycle trailer; or
(b) Any other vehicle which is not a tow car.
2. The certificate of public convenience and necessity issued under the provisions of paragraph (b) of subsection 1 shall provide that if any vehicle is so disabled or so constructed that it cannot be towed by a tow car, the tow car operator may transport the vehicle with a vehicle other than a tow car from the point of disablement to a single destination and may make an appropriate charge, as determined by the commission, for the use of such vehicle.
Sec. 2. NRS 706.131 is hereby amended to read as follows:
706.131 Tow car means a vehicle which is designed or modified and equipped for and is used exclusively in the business of towing disabled vehicles by means of a crane, hoist, tow bar, towline or dolly, or is otherwise exclusively used to render assistance to disabled vehicles [.]
κ1973 Statutes of Nevada, Page 1246 (CHAPTER 676, SB 527)κ
otherwise exclusively used to render assistance to disabled vehicles [.] or to tow any vehicle which is being impounded by any law enforcement agency, removed from any unauthorized parking area or which is otherwise required to be transported by tow car at the request of the owner of such vehicle or any other authorized person.
________
Senate Bill No. 551Committee on Commerce and Labor
CHAPTER 677
AN ACT relating to health maintenance organizations; enacting the Nevada Health Maintenance Organization Act; providing for the licensing, powers, functions, duties and liabilities of health maintenance organizations; providing for the regulation of health maintenance organizations by the commissioner of insurance and the state board of health; providing a penalty; and providing other matters properly relating thereto.
[Approved April 27, 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 36, inclusive, of this act.
Sec. 2. This chapter may be cited as the Nevada Health Maintenance Organization Act.
Sec. 3. The legislature hereby declares that the rising cost of health services in recent years has led government agencies, private organizations, and legislative bodies to seek alternatives to the traditional medical delivery system which would provide improved health care and would provide such health care at a lower cost. The health maintenance organization is a concept which has received much attention as one means through which an improvement in delivery might be achieved. The legislature therefore enacts this chapter to carry out this objective.
Sec. 4. As used in this chapter, unless the context otherwise requires, the words and terms defined in this section shall be given the meanings ascribed to them in this section.
1. Commissioner means the commissioner of insurance.
2. Comprehensive health care services means medical services, dentistry, drugs, psychiatric and optometric and all other care necessary for the delivery of services to the consumer.
3. Enrollee means an individual who has been voluntarily enrolled in a health care plan.
4. Evidence of coverage means any certificate, agreement or contract issued to an enrollee setting forth the coverage to which he is entitled.
5. Health care plan means any arrangement whereby any person undertakes to provide, arrange for, pay for or reimburse any part of the cost of any health care services and at least part of such arrangement consists of arranging for or the provision of health care services paid for by or on behalf of the enrollee on a periodic prepaid basis.
κ1973 Statutes of Nevada, Page 1247 (CHAPTER 677, SB 551)κ
cost of any health care services and at least part of such arrangement consists of arranging for or the provision of health care services paid for by or on behalf of the enrollee on a periodic prepaid basis.
6. Health care services means any services included in the furnishing to any individual of medical or dental care or hospitalization or incident to the furnishing of such care or hospitalization, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing or healing human illness or injury.
7. Health maintenance organization means any person which provides or arranges for provision of a health care service or services and is responsible for the availability and accessibility of such service or services to its enrollees, which services are paid for or on behalf of the enrollees on a periodic prepaid basis without regard to the dates health services are rendered and without regard to the extent of services actually furnished to the enrollees, except that supplementing such fixed prepayments by nominal additional payments for services in accordance with regulations promulgated by the commissioner shall not be deemed to render such arrangement not to be on a prepaid basis. A health maintenance organization, in addition to offering health care services, may offer indemnity or service benefits provided through insurers or otherwise.
8. Person means any individual, partnership, association or corporation.
9. Provider means any physician, hospital or other person who is licensed or otherwise authorized in this state to furnish health care services.
Sec. 5. 1. Any person may apply to the commissioner for and obtain a certificate of authority to establish and operate a health maintenance organization in compliance with this chapter. No person shall operate a health maintenance organization without obtaining a certificate of authority under this chapter. A foreign corporation may qualify under this chapter, subject to its qualification to do business in this state as a foreign corporation.
2. No person shall be certified to establish or operate a health maintenance organization in this state, nor sell or offer to sell, or solicit offers to purchase or receive advance or periodic consideration in conjunction with health care plans unless such health maintenance organization provides or arranges for the provision of comprehensive health care services.
3. Every health maintenance organization or person operating a health maintenance organization shall submit an application for a certificate of authority under section 6 of this act within 30 days after July 1, 1973. Each such applicant may continue to operate until the commissioner acts upon the application. In the event that an application is denied under section 7 of this act, the applicant shall thereafter be treated as a health maintenance organization whose certificate of authority has been revoked. For purposes of this subsection, a health maintenance organization shall be deemed to be in operation only if health care services are being provided to the public generally or to some group or groups thereof.
Sec. 6. Each application for a certificate of authority shall be verified by an officer or authorized representative of the applicant, shall be in a form prescribed by the commissioner, and shall set forth or be accompanied by the following:
κ1973 Statutes of Nevada, Page 1248 (CHAPTER 677, SB 551)κ
by an officer or authorized representative of the applicant, shall be in a form prescribed by the commissioner, and shall set forth or be accompanied by the following:
1. A copy of the basic organizational document, if any, of the applicant, and all amendments thereto;
2. A copy of the bylaws, rules or regulations, or similar document, if any, regulating the conduct of the internal affairs of the applicant;
3. A list of the names, addresses, and official positions of the persons who are to be responsible for the conduct of the affairs of the applicant, including all members of the board of directors, board of trustees, executive committee, or other governing board or committee, the officers in the case of a corporation, and the partners or members in the case of a partnership or association;
4. A copy of any contract made or to be made between any providers or persons listed in subsection 3 and the applicant;
5. A statement generally describing the health maintenance organization, its health care plan or plans, location of facilities at which health care services will be regularly available to enrollees, the type of health care personnel who will provide the health care services;
6. A copy of the form of evidence of coverage to be issued to the enrollees;
7. A copy of the form of the group contract, if any, which is to be issued to employers, unions, trustees or other organizations;
8. Certified financial statements showing the applicants assets, liabilities and sources of financial support;
9. The proposed method of marketing the plan, a financial plan which includes a three-year projection of the initial operating results anticipated and the sources of working capital as well as any other sources of funding;
10. A power of attorney duly executed by the applicant, appointing the commissioner and his duly authorized deputies, as the true and lawful attorney of such applicant in and for this state upon whom all lawful process in any legal action or proceeding against the health maintenance organization on a cause of action arising in this state may be served;
11. A statement reasonably describing the geographic area to be served;
12. A description of the complaint procedures to be utilized as required under section 22 of this act;
13. A description of the procedures and programs to be implemented to meet the quality of health care requirements in section 8 of this act;
14. A description of the mechanism by which enrollees will be afforded an opportunity to participate in matters of program content under subsection 2 of section 13 of this act; and
15. Such other information as the commissioner may require to make the determinations required in section 8 of this act.
Sec. 7. 1. A health maintenance organization shall, unless otherwise provided for in this chapter, file notice with the commissioner prior to any material modification of the operations described in the information required by section 6 of this act. If the commissioner does not disapprove within 30 days of filing, it is deemed approved.
2. The commissioner may promulgate rules or regulations.
κ1973 Statutes of Nevada, Page 1249 (CHAPTER 677, SB 551)κ
Sec. 8. 1. Upon receipt of an application for issuance of a certificate of authority, the commissioner shall forthwith transmit copies of such application and accompanying documents to the state board of health.
2. The state board of health shall determine whether the applicant for a certificate of authority, with respect to health care services to be furnished:
(a) Has demonstrated the willingness and ability to assure that such health care services will be provided in a manner to assure both availability and accessibility of adequate personnel and facilities and in a manner enhancing availability, accessibility and continuity of service;
(b) Has organizational arrangements, established in accordance with regulations promulgated by the state board of health; and
(c) Has a procedure established in accordance with regulations of the state board of health to develop, compile, evaluate and report statistics relating to the cost of its operations, the pattern of utilization of its services, the availability and accessibility of its services and such other matters as may be reasonably required by the state board of health.
3. Within 90 days of receipt of the application for issuance of a certificate of authority, the state board of health shall certify to the commissioner whether the proposed health maintenance organization meets the requirements of subsection 2. If the state board of health certifies that the health maintenance organization does not meet such requirements, it shall specify in what respects it is deficient.
Sec. 9. The commissioner shall issue or deny a certificate of authority to any person filing an application pursuant to section 5 of this act within 30 days of receipt of the certification from the state board of health. Issuance of a certificate of authority shall be granted upon payment of the application fee prescribed in section 33 of this act if the commissioner is satisfied that the following conditions are met:
1. The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy and possess good reputations;
2. The state board of health certifies, in accordance with section 8 of this act, that the health maintenance organizations proposed plan of operation meets the requirements of subsection 2 of section 8 of this act;
3. The health care plan furnishes comprehensive health care services;
4. The health maintenance organization is financially responsible and may reasonably be expected to meet its obligations to enrollees and prospective enrollees. In making this determination, the commissioner may consider:
(a) The financial soundness of the health care plans arrangements for health care services and the schedule of charges used in connection therewith;
(b) The adequacy of working capital;
(c) Any agreement with an insurer, a government, or any other organization for insuring the payment of the cost of health care services;
(d) Any agreement with providers for the provision of health care services; and
(e) Any surety bond or deposit of cash or securities submitted in accordance with section 24 of this act as a guarantee that the obligations will be duly performed;
κ1973 Statutes of Nevada, Page 1250 (CHAPTER 677, SB 551)κ
5. The enrollees will be afforded an opportunity to participate in matters of program content pursuant to section 13 of this act; and
6. Nothing in the proposed method of operation, as shown by the information submitted pursuant to sections 5 to 7, inclusive, of this act, or by independent investigation is contrary to the public interest.
Sec. 10. A certificate of authority shall be denied only after compliance with the requirements of section 32 of this act.
Sec. 11. The powers of a health maintenance organization include, but are not limited to the following:
1. The purchase, lease, construction, renovation, operation or maintenance of hospitals, medical facilities, or both, and their ancillary equipment, and such property as may reasonably be required for its principal office or for such other purposes as may be necessary in the transaction of the business of the organization;
2. The making of loans to a medical group under contract with it in furtherance of its program or the making of loans to a corporation under its control for the purpose of acquiring or constructing medical facilities and hospitals or in furtherance of a program providing health care services to enrollees;
3. The furnishing of health care service through providers which are under contract with or employed by the health maintenance organization;
4. The contracting with any person for the performance on its behalf of certain functions such as marketing, enrollment and administration; and
5. The contracting with an insurance company licensed in this state or authorized to do business in this state for the provision of such insurance, indemnity, or reimbursement against the cost of health care services provided by the health maintenance organization.
Sec. 12. 1. A health maintenance organization shall file notice, with adequate supporting information, with the commissioner prior to the exercise of any power granted in subsections 1 and 2 of section 11 of this act. The commissioner shall disapprove such exercise of power if in his opinion it would substantially and adversely affect the financial soundness of the health maintenance organization and endanger its ability to meet its obligations. If the commissioner does not disapprove within 60 days of the filing, it is deemed approved.
2. The commissioner may promulgate rules or regulations.
Sec. 13. 1. The governing body of any health maintenance organization may include providers, other individuals or both.
2. Such governing body shall establish a mechanism to afford the enrollees and opportunity to participate in matters of program content through the establishment of advisory panels, by the use of advisory referenda on major policy decisions or through the use of other mechanisms. In addition there shall be a provider advisory board to advise the health plan in the matter of quality of care. There shall be a joint board of consumers and providers to advise on consumer satisfaction.
Sec. 14. Any director, officer, partner, member or employee of a health maintenance organization who receives, collects, disburses or invests funds in connection with the activities of such organization shall be responsible for such funds in a fiduciary relationship to the enrollees.
κ1973 Statutes of Nevada, Page 1251 (CHAPTER 677, SB 551)κ
Sec. 15. 1. Every enrollee residing in this state is entitled to evidence of coverage under a health care plan. If the enrollee obtains coverage under a health care plan through an insurance policy, whether by option or otherwise, the insurer shall issue the evidence of coverage. Otherwise, the health maintenance organization shall issue the evidence of coverage.
2. No evidence of coverage or amendment thereto shall be issued or delivered to any person in this state until a copy of the form of the evidence of coverage or amendment thereto has been filed with and approved by the commissioner.
3. An evidence of coverage shall contain:
(a) No provisions or statements which are unjust, unfair, inequitable, misleading, deceptive, which encourage misrepresentation or which are untrue, misleading or deceptive as defined in subsection 1 of section 25 of this act; and
(b) A clear and complete statement, if a contract, or a reasonably complete summary if a certificate, of:
(1) The health care services and the insurance or other benefits, if any, to which the enrollee is entitled under the health care plan;
(2) Any limitations on the services, kind of services, benefits, or kind of benefits, to be provided, including any deductible or copayment feature;
(3) Where and in what manner the services may be obtained; and
(4) The total amount of payment for health care services and the indemnity or service benefits, if any, which the enrollee is obligated to pay.
Any subsequent change may be evidenced in a separate document issued to the enrollee.
4. A copy of the form of the evidence of coverage to be used in this state and any amendment thereto shall be subject to the filing and approval requirements of subsection 2 unless it is subject to the jurisdiction of the commissioner under the laws governing health insurance in which event the filing and approval provisions of such laws apply. To the extent however that such provisions do not apply to the requirements in subsection 3, such provisions are amended to incorporate the requirements of subsection 3 in approving or disapproving an evidence of coverage required by subsection 2.
Sec. 16. 1. No schedule of charges for enrollee coverage for health care services or amendment thereto may be used in conjunction with any health care plan until a copy of such schedule or amendment thereto has been filed with and approved by the commissioner.
2. Such charges may be established in accordance with actuarial principles for various categories of enrollees. However the charges shall not be excessive, inadequate nor unfairly discriminatory. A certification by a qualified actuary to the adequacy of the charges shall accompany the filing along with adequate supporting information.
Sec. 17. The commissioner shall within a reasonable period approve any form if the requirements of section 15 of this act are met and any schedule of charges if the requirements of section 16 of this act are met. It is unlawful to issue such form or to use such schedule of charges until approved. If the commissioner disapproves such filing, he shall notify the filer.
κ1973 Statutes of Nevada, Page 1252 (CHAPTER 677, SB 551)κ
filer. In the notice, the commissioner shall specify the reasons for his disapproval. A hearing will be granted within 90 days after a request in writing by the person filing.
Sec. 18. The commissioner may require the submission of whatever relevant information he deems necessary in determining whether to approve or disapprove a filing made pursuant to sections 15 to 17, inclusive, of this act.
Sec. 19. 1. Every health maintenance organization shall annually, on or before the first day of March, file a report verified by at least two principal officers with the commissioner with a copy to the state board of health showing its financial condition on the last day of the preceding fiscal year.
2. Such report shall be on forms prescribed by the commissioner and shall include:
(a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding fiscal year certified by an independent public accountant;
(b) Any material changes in the information submitted pursuant to section 6 of this act;
(c) The number of persons enrolled during the year, the number of enrollees as of the end of the year, the number of enrollments terminated during the year and may include a compilation of the reasons for such terminations, if requested by the commissioner;
(d) The number and amount of malpractice claims initiated against the health maintenance organization and any of the providers used by it during the year broken down into claims with and without form of legal process, and the disposition, if any, of each such claim, if requested by the commissioner;
(e) A summary of information compiled pursuant to paragraph (c) of subsection 2 of section 8 of this act in such form as required by the state board of health; and
(f) Such other information relating to the performance of the health maintenance organization as is necessary to enable the commissioner to carry out his duties under this chapter.
Sec. 20. Every health maintenance organization shall have available for inspection the following information:
1. A current statement of financial condition including a balance sheet and summary of receipts and disbursements;
2. A description of the organizational structure and operation of the health maintenance organization and a summary of any material changes since the issuance of the last report;
3. A description of services and information as to where and how to secure them; and
4. A clear and understandable description of the health maintenance organizations method for resolving enrollee complaints.
Sec. 21. 1. After a health maintenance organization has been in operation 24 months, it shall have an annual open enrollment commensurate with common practices in the area in which it operates.
2. Health maintenance organizations providing services to a specified group or groups may limit the open enrollment to all members of such group or groups.
κ1973 Statutes of Nevada, Page 1253 (CHAPTER 677, SB 551)κ
group or groups may limit the open enrollment to all members of such group or groups. Specified groups may include:
(a) Employees of one or more specified employers;
(b) Members of one or more specified employee organizations;
(c) Members of one or more specified associations; and
(d) Participants in one or more specified group policies issued by one or more specified insurers if the insurer is involved in the operation, management or conduct of the health maintenance organization.
Sec. 22. 1. Every health maintenance organization shall establish a complaint system which has been approved by the commissioner after consultation with the state board of health to resolve complaints initiated by enrollees concerning health care services. Such system shall provide reasonable procedures for the resolution of complaints. Each health maintenance organization shall submit to the commissioner and the state board of health an annual report in a form prescribed by the commissioner after consultation with the state board of health which shall include:
(a) A description of the procedures of such complaint system; and
(b) The total number of complaints handled through such complaint system and a compilation of causes underlying the complaints filed.
2. The health maintenance organization shall maintain records of complaints filed with it concerning other than health care services and shall submit to the commissioner a summary report at such times and in such format as the commissioner may require. Such complaints involving other persons shall be referred to such persons with a copy to the commissioner.
3. The commissioner or the state board of health may examine such complaint system, subject to the limitations concerning medical records of individuals set forth in subsection 3 of section 28 of this act.
Sec. 23. With the exception of investments made in accordance with subsections 1 and 2 of section 11 of this act and section 12 of this act, the investable funds of a health maintenance organization shall be invested only in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of life insurance companies or such other securities or investments as the commissioner may permit.
Sec. 24. Each health maintenance organization shall furnish a surety bond in an amount satisfactory to the commissioner or deposit with the commissioner cash or securities acceptable to him in at least the same amount as a guarantee that the obligations to the enrollees will be performed. The commissioner may waive this requirement whenever satisfied that the assets of the organization and its contracts with insurers, governments, or other organizations are sufficient to reasonably assure the performance of its obligations.
Sec. 25. 1. No health maintenance organization or representative thereof may cause or knowingly permit the use of advertising which is untrue or misleading, solicitation which is untrue or misleading or any form of evidence of coverage which is deceptive. For purposes of this chapter:
κ1973 Statutes of Nevada, Page 1254 (CHAPTER 677, SB 551)κ
(a) A statement or item of information shall be deemed to be untrue if it does not conform to fact in any respect which is or may be significant to an enrollee of, or person considering enrollment in, a health care plan;
(b) A statement or item of information shall be deemed to be misleading, whether or not it may be literally untrue if, in the total context in which such statement is made or such item of information is communicated, such statement or item of information may be reasonably understood by a reasonable person not possessing special knowledge regarding health care coverage, as indicating any benefit or advantage or the absence of any exclusion, limitation or disadvantage of possible significance to an enrollee of, or person considering enrollment in, a health care plan if such benefit or advantage or absence of limitation, exclusion or disadvantage does not in fact exist;
(c) An evidence of coverage shall be deemed to be deceptive if the evidence of coverage taken as a whole, and with consideration given to typography and format as well as language, shall be such as to cause a reasonable person not possessing special knowledge regarding health care plans and evidences of coverage therefor to expect benefits, services, charges or other advantages which the evidence of coverage does not provide or which the health care plan issuing such evidence of coverage does not regularly make available for enrollees covered under such evidence of coverage.
2. Chapter 686A of NRS shall be construed to apply to health maintenance organizations, health care plans and evidences of coverage except to the extent that the nature of health maintenance organizations, health care plans and evidences of coverage render the sections therein clearly inappropriate.
3. An enrollee may not be canceled or not renewed except for the failure to pay the charge for such coverage or for cause as determined in the master contract.
4. No health maintenance organization, unless licensed as an insurer, may use in its name, contracts, or literature any of the words insurance, casualty, surety, mutual or any other words descriptive of the insurance, casualty or surety business or deceptively similar to the name or description of any insurance or surety corporation doing business in this state.
5. No person not certificated under this chapter shall use in its name, contracts or literature the phrase health maintenance organization or the initials HMO.
Sec. 26. The commissioner may, after notice and hearing, promulgate such reasonable rules and regulations as are necessary to provide for the licensing of agents. An agent means a person directly or indirectly associated with a health care plan who engages in solicitation or enrollment.
Sec. 27. 1. An insurance company licensed in this state may either directly or through a subsidiary or affiliate organize and operate a health maintenance organization under the provisions of this chapter. Notwithstanding any other law which may be inconsistent herewith, any two or more such insurance companies or subsidiaries or affiliates thereof may jointly organize and operate a health maintenance organization. The business of insurance is deemed to include the providing of health care by a health maintenance organization owned or operated by an insurer or a subsidiary thereof.
κ1973 Statutes of Nevada, Page 1255 (CHAPTER 677, SB 551)κ
health maintenance organization owned or operated by an insurer or a subsidiary thereof.
2. An insurer may contract with a health maintenance organization to provide insurance or similar protection against the cost of care provided through health maintenance organizations and to provide coverage in the event of the failure of the health maintenance organization to meet its obligations. Among other things, under such contracts the insurer may make benefit payments to health maintenance organizations for health care services rendered by providers pursuant to the health care plan.
Sec. 28. 1. The commissioner may make an examination of the affairs of any health maintenance organization and providers with whom such organization has contracts, agreements or other arrangements pursuant to its health care plan as often as he deems it necessary for the protection of the interests of the people of this state but not less frequently than once every 3 years.
2. The state board of health may make an examination concerning the quality of health care services of any health maintenance organization and providers with whom such organization has contracts, agreements or other arrangements pursuant to its health care plan as often as it deems necessary for the protection of the interests of the people of this state but not less frequently than once every 3 years.
3. Every health maintenance organization and provider shall submit its books and records relating to the health care plan to such examinations and in every way facilitate them. Medical records of individuals and records of physicians providing service under a contract to the health maintenance organization shall not be subject to such examination, although they may be subject to subpena upon a showing of good cause. For the purpose of examinations, the commissioner and the state board of health may administer oaths to, and examine the officers and agents of the health maintenance organization and the principals of such providers concerning their business.
4. The expenses of examinations under this section shall be assessed against the organization being examined and remitted to the commissioner for whom the examination is being conducted.
5. In lieu of such examination, the commissioner may accept the report of an examination made by the insurance commissioner or the state board of health of another state.
Sec. 29. 1. The commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization under this chapter if he finds that any of the following conditions exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted under sections 5 to 7, inclusive, of this act, unless amendments to such submissions have been filed with and approval by the commissioner;
(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of sections 15 to 18, inclusive, of this act;
(c) The health care plan does not furnish comprehensive health care services as provided for in subsection 2 of section 4 of this act;
κ1973 Statutes of Nevada, Page 1256 (CHAPTER 677, SB 551)κ
(d) The state board of health certifies to the commissioner that:
(1) The health maintenance organization does not meet the requirements of subsection 2 of section 8 of this act; or
(2) The health maintenance organization is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to implement a mechanism affording the enrollees an opportunity to participate in matters of program content under section 13 of this act;
(g) The health maintenance organization has failed to implement the complaint system required by section 22 of this act, in a manner to reasonably dispose of valid complaints;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or
(j) The health maintenance organization has otherwise failed to substantially comply with this chapter.
2. A certificate of authority shall be suspended or revoked only after compliance with the requirements of section 32 of this act.
3. When the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of such suspension, enroll any additional consumer groups or new individual contracts, unless such groups or individuals were contracted for prior to the date of suspension.
4. When the certificate of authority of a health maintenance organization is revoked, such organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of such organization. It shall engage in no further advertising or solicitation whatsoever. The commissioner may by written order permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees will be afforded the greatest practical opportunity to obtain continuing health care coverage.
Sec. 30. Any rehabilitation, liquidation or conservation of a health maintenance organization shall be deemed to be the rehabilitation, liquidation or conservation of an insurance company and shall be conducted under the supervision of the commissioner pursuant to the law governing the rehabilitation, liquidation, or conservation of insurance companies.
Sec. 31. The commissioner may, after notice and hearing, promulgate such reasonable rules or regulations as are necessary or proper to carry out the provisions of this chapter. Such rules or regulations shall be subject to the provisions of chapter 233B of NRS.
Sec. 32. 1. When the commissioner has cause to believe that grounds for the denial of an application for a certificate of authority exist, or that grounds for the suspension or revocation of a certificate of authority exist, he shall notify the health maintenance organization and the state board of health in writing specifically stating the grounds for denial, suspension or revocation and fixing a time at least 30 days thereafter for a hearing on the matter.
κ1973 Statutes of Nevada, Page 1257 (CHAPTER 677, SB 551)κ
grounds for the denial of an application for a certificate of authority exist, or that grounds for the suspension or revocation of a certificate of authority exist, he shall notify the health maintenance organization and the state board of health in writing specifically stating the grounds for denial, suspension or revocation and fixing a time at least 30 days thereafter for a hearing on the matter.
2. The state board of health or its delegated representative shall be in attendance at the hearing and shall participate in the proceedings. The recommendation and findings of the state board of health with respective to matters relating to the quality of health maintenance services provided in connection with any decision regarding denial, suspension or revocation of a certificate of authority shall be conclusive and binding upon the commissioner. After such hearing, or upon the failure of the health maintenance organization to appear at such hearing, the commissioner shall take action as is deemed advisable on written findings which shall be mailed to the health maintenance organization with a copy thereof to the state board of health. The action of the commissioner and the recommendation and findings of the state board of health shall be subject to review by the First Judicial District Court of the State of Nevada in and for Carson City. The court may, in disposing of the issue before it, modify, affirm or reverse the order of the commissioner in whole or in part.
3. The provisions of the Nevada Administrative Procedure Act shall apply to proceedings under this section to the extent they are not inconsistent with subsections 1 and 2.
Sec. 33. 1. Every health maintenance organization subject to this chapter shall pay to the commissioner the following fees:
(a) For filing an application for a certificate of authority or amendment thereto, $100.
(b) For filing each annual report, $50.
2. At the time of filing the annual report the health maintenance organization shall forward to the commissioner a tax in accordance with chapter 680B of NRS.
3. Fees charged under this section, except the tax imposed pursuant to subsection 2, shall be distributed 50 percent to the commissioner and 50 percent to the state board of health.
Sec. 34. 1. The commissioner may, in lieu of suspension or revocation of a certificate of authority under section 29 of this act, levy an administrative penalty in an amount not less than $1,000 nor more than $2,500, if reasonable notice in writing is given of the intent to levy the penalty and the health maintenance organization has a reasonable time within which to remedy the defect in its operations which gave rise to the penalty citation.
2. Any person who violates the provisions of this chapter is guilty of a misdemeanor.
3. If the commissioner or the state board of health for any reason have cause to believe that any violation of this chapter has occurred or is threatened, the commissioner or the state board of health may give notice to the health maintenance organization and to the representatives, or other persons who appear to be involved in such suspected violation, to arrange a conference with the alleged violators or their authorized representatives for the purpose of attempting to ascertain the facts relating to such suspected violation, and, in the event it appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing such violation.
κ1973 Statutes of Nevada, Page 1258 (CHAPTER 677, SB 551)κ
to arrange a conference with the alleged violators or their authorized representatives for the purpose of attempting to ascertain the facts relating to such suspected violation, and, in the event it appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing such violation.
4. Proceedings under subsection 3 shall not be governed by any formal procedural requirements, and may be conducted in such manner as the commissioner or the state board of health may deem appropriate under the circumstances.
5. The commissioner may issue an order directing a health maintenance organization or a representative of a health maintenance organization to cease and desist from engaging in any act or practice in violation of the provisions of this chapter.
6. Within 30 days after service of the order of cease and desist, the respondent may request a hearing on the question of whether acts or practices in violation of this chapter have occurred. Such hearings shall be conducted pursuant to the Nevada Administrative Procedure Act, and judicial review shall be available as provided therein.
7. In the case of any violation of the provisions of this chapter, if the commissioner elects not to issue a cease and desist order, or in the event of noncompliance with a cease and desist order issued pursuant to subsection 5, the commissioner may institute a proceeding to obtain injunctive relief, or seek other appropriate relief in the district court of the judicial district of the county in which the violator resides.
Sec. 35. 1. Except as otherwise provided in this chapter, provisions of Title 57 of NRS shall not be applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to Title 57 of NRS except with respect to its health maintenance organization activities authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, shall not be construed to be violative of any provision of law relating to solicitation or advertising by health professionals.
3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and shall be exempt from the provision of chapter 630 of NRS.
Sec. 36. All applications, filings and reports required under this chapter shall be treated as public documents except as otherwise provided in this chapter.
________
κ1973 Statutes of Nevada, Page 1259κ
Senate Bill No. 649Committee on Finance
CHAPTER 678
AN ACT fixing the state ad valorem tax levies for the 2 fiscal years commencing July 1, 1973, and ending June 30, 1974, and commencing July 1, 1974, and ending June 30, 1975; and providing other matters properly relating thereto.
[Approved April 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year commencing July 1, 1973, and ending June 30, 1974, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.
Sec. 2. For the fiscal year commencing July 1, 1974, and ending June 30, 1975, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 559Committee on Finance
CHAPTER 679
AN ACT relating to boxing and wrestling events; eliminating certain minimum license fees therefor; exempting promoters of amateur events from the requirement of a permit; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 467.104 is hereby amended to read as follows:
467.104 1. Any person who charges and receives an admission fee for exhibiting any live boxing or sparring match, wrestling exhibition or performance on a closed-circuit telecast, or motion picture, shall, within 72 hours after such event, furnish to the commission a verified written report on a form which is supplied by the commission, showing the number of tickets sold and issued or sold or issued, and the gross receipts therefor without any deductions.
2. Such person shall also, at the same time, pay to the commission a license fee, exclusive of federal taxes thereon, of 4 cents for each $1 or fraction thereof received for admission at such exhibition. [In no event, however, shall the license fee be less than $25 for a single exhibition.]
κ1973 Statutes of Nevada, Page 1260 (CHAPTER 679, SB 559)κ
The license fee shall apply uniformly at the same rate to all persons subject to it. The license fee shall be based on the face value of all tickets sold and complimentary tickets issued.
Sec. 2. NRS 467.105 is hereby amended to read as follows:
467.105 1. Every promoter or foreign copromoter, in order to present a program of boxing contests, wrestling exhibitions, or a combination of such events, shall obtain a permit from the commission for each such program.
2. The following fees shall accompany each application for a permit to present a program of contests or exhibitions:
Foreign copromoters permit........................................................................ $100
Promoters permit........................................................................................... 25
The provisions of this subsection shall not apply to the presentation of a program of amateur boxing contests, amateur wrestling exhibitions or a combination of such events.
Sec. 3. NRS 467.107 is hereby amended to read as follows:
467.107 1. In addition to the payment of any other fees and moneys due under this chapter, every promoter shall pay an additional license fee of 4 percent of the total gross receipts of any boxing contest, wrestling exhibition, or combination of such events, exclusive of any federal tax or tax imposed by any political subdivision of this state. [In no case shall such license fee be less than $25 for a single contest, match or exhibition.] The license fee shall apply uniformly at the same rate to all promoters or clubs subject to it.
2. For the purposes of this section, total gross receipts of every promoter shall include:
(a) The gross price charged for the sale, lease or other exploitation of broadcasting, television or motion picture rights of such contest or exhibition without any deductions for commissions, brokerage fees, distribution fees, advertising or other expenses or charges.
(b) The face value of all tickets sold and complimentary tickets issued.
(c) Any sums received as consideration for holding a boxing contest, wrestling exhibition or combination of such events at a particular location.
________
κ1973 Statutes of Nevada, Page 1261κ
Senate Bill No. 642Committee on Finance
CHAPTER 680
AN ACT concerning the University of Nevada, Reno; authorizing the acquisition of certain specified facilities at such university, the issuance and sale of revenue bonds and other securities of the University of Nevada for such purpose, and the use and repayment of the receipts of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for the payment of such securities, the security therefor and other details in connection therewith; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with the university, such facilities, such securities, such revenues for their payment, securities proceeds, such other moneys, and pledges and liens pertaining thereto, including, without limitation, by reference to the University Securities Law; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Except as otherwise provided in this act, terms used or referred to in this act are as defined in the University Securities Law; but the following terms whenever used or referred to in this act and in the University Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 5, inclusive, of this act.
Sec. 2. Net pledged revenues means all the pledged revenues, as defined in section 3 of this act, without any deduction of any operation and maintenance expenses except as provided in such definition of pledged revenues.
Sec. 3. 1. Pledged revenues means the student fees, as defined in section 5 of this act, and if hereafter authorized by law, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operation of income-producing facilities of the university or the board or from other available sources and to which the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended.
2. Pledged revenues indicates a source of revenues and does not necessarily indicate all or any portion or other part of such revenues in the absence of further qualifications.
Sec. 4. Project means the construction, other acquisition and improvement (or any combination thereof) of the building, structures and other facilities required or desired by the university on the campus of the University of Nevada, Reno, as delineated and described in section 6 of this act, equipment and furnishings therefor, and other appurtenances relating thereto.
Sec. 5. Student fees means the gross fees from students attending the University of Nevada, Reno, and commonly designated as the University of Nevada, Reno, Student Union Building Fee, and if hereafter authorized by law, all additional student fees, if any, to which the pledge and lien provided for the payment of the securities authorized in this act are extended. The designated Student Union Building Fee pertains to the privilege of any student attending the University of Nevada, Reno, to use the facilities at the Jot Travis Student Union Building.
κ1973 Statutes of Nevada, Page 1262 (CHAPTER 680, SB 642)κ
to the privilege of any student attending the University of Nevada, Reno, to use the facilities at the Jot Travis Student Union Building.
Sec. 6. 1. The board, on the behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To construct and otherwise acquire an addition to, and otherwise to improve, the Jot Travis Student Union Building on the University of Nevada, Reno, campus, in an amount not exceeding $2,230,000;
(b) To issue bonds and other securities of the university, in a total principal amount of not exceeding $2,030,000 in one series or more at any time or from time to time but not after 5 years from the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, for the purpose of defraying wholly or in part the cost of the project, subject to the limitations in paragraph (a) of this subsection;
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any moneys available therefor, including, without limitation, proceeds of securities authorized by this act; and
(d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as therein otherwise expressly provided.
2. Nothing in this act shall be construed as preventing the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 7. 1. All phases of the planning, design, construction and equipment of the project as defined in section 4 of this act and herein referred to shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to acquire the facilities resulting from the project and, if necessary, to assist in the preparation of contract documents necessary to the acquisition of such facilities.
3. All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to the project shall be approved by the attorney general.
4. The state planning board shall advertise, in a newspaper or newspapers of general circulation in the State of Nevada, for separate sealed bids for the project. Approved plans and specifications for the project shall be on file at places and times stated in such advertisements for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of such acquisition, and may let separate contracts for different and separate portions of the project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon, but any and all bids may be rejected for any good reason.
Sec. 8. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law.
κ1973 Statutes of Nevada, Page 1263 (CHAPTER 680, SB 642)κ
supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 9. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 10. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 11. This act shall become effective upon passage and approval.
________
Senate Bill No. 571Committee on Ecology and Public Resources
CHAPTER 681
AN ACT relating to utility environmental protection; transferring certain duties of the governors environmental council relating to construction permits to the state environmental commission; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.830 is hereby amended to read as follows:
704.830 As used in NRS 704.820 to 704.900, inclusive, the words and terms defined in NRS [704.835] 704.840 to 704.860, inclusive, have the meanings ascribed to them in NRS [704.835] 704.840 to 704.860, inclusive, unless the context otherwise requires.
Sec. 2. NRS 704.870 is hereby amended to read as follows:
704.870 1. An applicant for a permit shall file with the commission an application, in such form as the commission may prescribe, containing the following information:
(a) A description of the location and of the utility facility to be built thereon;
(b) A summary of any studies which have been made of the environmental impact of the facility;
(c) A statement explaining the need for the facility;
(d) A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility; and
(e) Such other information as the applicant may consider relevant or as the commission may by regulation or order require.
κ1973 Statutes of Nevada, Page 1264 (CHAPTER 681, SB 571)κ
as the commission may by regulation or order require. A copy or copies of the studies referred to in paragraph (b) shall be filed with the commission and be available for public inspection.
2. A copy of the application shall be filed with the chairman of the [governors environmental council.] state environmental commission created pursuant to NRS 445.451.
3. Each application shall be accompanied by proof of service of a copy of such application on the clerk of each local government in the area in which any portion of such facility is to be located, both as primarily and as alternatively proposed.
4. Each application shall also be accompanied by proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice under subsection 3 by the publication of a summary of the application in newspapers published and distributed in the area in which such utility facility is proposed to be located.
Sec. 3. NRS 704.875 is hereby amended to read as follows:
704.875 The [governors environmental council] state environmental commission shall review each application filed and may participate in any proceeding held pursuant to NRS 704.880.
Sec. 4. NRS 704.885 is hereby amended to read as follows:
704.885 1. The parties to a permit proceeding shall include:
(a) The applicant.
(b) The [governors environmental council composed of:
(1) The chief of the bureau of environmental health of the health division of the department of health, welfare and rehabilitation.
(2) The director of the Nevada department of fish and game.
(3) The state highway engineer.
(4) The state forester firewarden.
(5) The state engineer.
(6) The director of the state department of conservation and natural resources.
(7) The secretary-manager of the state planning board.
(8) The executive director the state department of agriculture.] state environmental commission created pursuant to NRS 445.451.
(c) Each local government and state agency entitled to receive service of a copy of the application under subsection 3 of NRS 704.870, if it has filed with the commission a notice of intervention as a party, within 30 days after the date it was served with a copy of the application.
(d) Any person residing in a local government entitled to receive service of a copy of the application under subsection 3 of NRS 704.870, if such a person has petitioned the commission for leave to intervene as a party within 30 days after the date of the published notice and if such petition has been granted by the commission for good cause shown.
(e) Any domestic nonprofit corporation or association, formed in whole or in part to promote conservation of natural beauty, to protect the environment, personal health or other biological values to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the commission a notice of intent to be a party within 30 days after the date of the published notice.
κ1973 Statutes of Nevada, Page 1265 (CHAPTER 681, SB 571)κ
2. Any person may make a limited appearance in the proceeding by filing a statement of position within 30 days after the date of the published notice. A statement filed by a person making a limited appearance shall become part of the record. No person making a limited appearance shall have the right to present oral testimony or cross-examine witnesses.
3. The commission may, for good cause shown, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization who is identified in paragraph (b), (c), (d) or (e) of subsection 1, but who failed to file a timely notice of intervention or petition for leave to intervene, as the case may be.
Sec. 5. NRS 704.885 is hereby amended to read as follows:
704.885 1. The parties to a permit proceeding shall include:
(a) The applicant.
(b) The [governors environmental council composed of:
(1) The chief of the bureau of environmental health of the health division of the department of health, welfare and rehabilitation.
(2) The director of the Nevada department of fish and game.
(3) The state highway engineer.
(4) The state forester firewarden.
(5) The state engineer.
(6) The director of the state department of conservation and natural resources.
(7) The secretary-manager of the state public works board.
(8) The executive director of the state department of agriculture.] state environmental commission created pursuant to NRS 445.451.
(c) Each local government and state agency entitled to receive service of a copy of the application under subsection 3 of NRS 704.870, if it has filed with the commission a notice of intervention as a party, within 30 days after the date it was served with a copy of the application.
(d) Any person residing in a local government entitled to receive service of a copy of the application under subsection 3 of NRS 704.870, if such a person has petitioned the commission for leave to intervene as a party within 30 days after the date of the published notice and if such petition has been granted by the commission for good cause shown.
(e) Any domestic nonprofit corporation or association, formed in whole or in part to promote conservation of natural beauty, to protect the environment, personal health or other biological values to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the commission a notice of intent to be a party within 30 days after the date of the published notice.
2. Any person may make a limited appearance in the proceeding by filing a statement of position within 30 days after the date of the published notice. A statement filed by a person making a limited appearance shall become part of the record. No person making a limited appearance shall have the right to present oral testimony or cross-examine witnesses.
3. The commission may, for good cause shown, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization who is identified in paragraph (b), (c), (d) or (e) of subsection 1, but who failed to file a timely notice of intervention or petition for leave to intervene, as the case may be.
κ1973 Statutes of Nevada, Page 1266 (CHAPTER 681, SB 571)κ
leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization who is identified in paragraph (b), (c), (d) or (e) of subsection 1, but who failed to file a timely notice of intervention or petition for leave to intervene, as the case may be.
Sec. 6. NRS 704.835 is hereby repealed.
Sec. 7. 1. Section 4 of this act shall not become effective if section 19 of Assembly Bill 601 of the 57th session of the Nevada legislature becomes law.
2. Section 5 of this act shall not become effective if section 19 of Assembly Bill 601 of the 57th session of the Nevada legislature does not become law.
Sec. 8. This act shall become effective at 12:02 a.m. on July 1, 1973.
________
Senate Bill No. 560Senator Lamb
CHAPTER 682
AN ACT relating to the state gaming control board; specifying a date of expiration of the terms of board members; providing for removal of members of such board; revising the boards power concerning investigative hearings; and providing other matters property relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.050 is hereby amended to read as follows:
463.050 1. Appointments to the board, except those to fill unexpired terms, shall be for terms as follows:
(a) Two members for 4 years.
(b) One member for 2 years.
(c) Thereafter, all members shall be appointed for terms of 4 years.
The term of each member shall expire on January 1 of the year next succeeding the completion of the fourth year of the term.
2. Appointments to the board shall be made by the governor. [and members shall serve at the pleasure of the governor.]
3. Appointments to fill vacancies on the board shall be for the unexpired term of the member to be replaced, and shall be made by the governor.
4. The governor shall designate the member to serve as chairman and executive director, who shall coordinate the activities of the board.
5. The governor shall have the power to remove any member for misfeasance, malfeasance or nonfeasance in office. Such removal may be made after:
(a) Such member has been served with a copy of the charges against him; and
(b) A public hearing before the governor is held upon such charges, if requested by the member charged.
κ1973 Statutes of Nevada, Page 1267 (CHAPTER 682, SB 560)κ
The request for a public hearing must be made within 10 days after service upon such member of the charges. If a hearing is not requested, a member is removed effective 10 days after service of charges upon him. A record of the proceedings at the public hearing shall be filed with the secretary of state.
Sec. 2. NRS 463.110 is hereby amended to read as follows:
463.110 1. Regular and special meetings of the board may be held, at the discretion of the board, at such times and places as it may deem convenient, but at least one regular meeting shall be held in Carson City, Nevada, each month.
2. Public notice of the time and place of special meetings shall be given at least 7 days prior to such meeting.
3. All meetings of the board shall be open to the public [. Investigative hearings may be conducted by the board, or a member, in private at the discretion of any member.] except for investigative hearings which may be conducted in private at the discretion of the board or hearing examiner.
4. A majority of the members shall constitute a quorum of the board, and a majority of members present at any meeting shall determine the action of the board.
5. Investigative hearings may be conducted by one or more members with the concurrence of a majority of the board without notice at such times and places, within or without the State of Nevada, as [the member or members] may [deem] be convenient.
Sec. 3. NRS 463.145 is hereby amended to read as follows:
463.145 1. The commission [may,] shall, pursuant to NRS 463.150, adopt, amend and repeal regulations in accordance with the following procedures:
(a) At least 30 days prior to the adoption, amendment or repeal of a regulation, notice of the proposed action shall be:
(1) Published in such newspaper as the commission shall prescribe;
(2) Mailed to every person who has filed a request therefor with the commission; and
(3) When the commission deems advisable, mailed to any person whom the commission believes would be interested in the proposed action, and published in such additional form and manner as the commission may prescribe.
(b) The notice of proposed adoption, amendment or repeal shall include:
(1) A statement of the time, place and nature of the proceedings for adoption, amendment or repeal;
(2) Reference to the authority under which the action is proposed; and
(3) Either the express terms or an informative summary of the proposed action.
(c) On the date and at the time and place designated in the notice, the commission shall afford any interested person or his duly authorized representative, or both, the opportunity to present statements, arguments, or contentions in writing, with or without opportunity to present the same orally. The commission shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.
κ1973 Statutes of Nevada, Page 1268 (CHAPTER 682, SB 560)κ
(d) Any interested person may file a petition with the commission requesting the adoption, amendment or repeal of a regulation. Such petition shall state, clearly and concisely:
(1) The substance or nature of the regulation, amendment or repeal requested;
(2) The reasons for the request; and
(3) Reference to the authority of the commission to take the action requested.
Upon receipt of the petition, the commission shall within 30 days deny the request in writing or schedule the matter for action pursuant to this subsection.
(e) In emergencies, the commission may summarily adopt, amend or repeal any regulation if at the same time it files a finding that such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare, together with a statement of facts constituting the emergency.
2. In any hearing under this section, the commission or its duly authorized representative shall have authority to administer oaths or affirmations, and may continue or postpone such hearing from time to time and at such place as it prescribes.
3. The commission may request the advice and assistance of the gaming control board in carrying out the provisions of this section.
4. The commission or any applicant or licensee may obtain a judicial determination of any question of construction or validity arising under this chapter or any regulation of the commission by bringing an action for the declaratory judgment in the First Judicial District Court of the State of Nevada, in and for Carson City, or in the district court of the district in which such person resides in accordance with the provisions of chapter 30 of NRS. Any question of construction or validity of this chapter or any regulation of the commission shall be deemed a justicable controversy for the purposes of chapter 30 of NRS.
Sec. 4. NRS 463.150 is hereby amended to read as follows:
463.150 1. The commission is empowered and shall, from time to time, adopt, amend or repeal such regulations, consistent with the policy, objects and purposes of this chapter as it may deem necessary or desirable in the public interest in carrying out the policy and provisions of this chapter.
2. Such regulations [may,] shall, without limiting the general powers herein conferred, include the following:
(a) Prescribing the method and form of application which any applicant for a gaming license or for a manufacturers, sellers or distributors license shall follow and complete prior to consideration of his application by the board.
(b) Prescribing the information to be furnished by any applicant or licensee concerning such persons antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present.
(c) Requiring fingerprinting of an applicant or licensee or employee of a licensee or other methods of identification.
(d) Prescribing the manner and procedure of all hearings conducted by the board or commission or any hearing examiner of the board or commission, including special rules of evidence applicable thereto and notices thereof.
κ1973 Statutes of Nevada, Page 1269 (CHAPTER 682, SB 560)κ
commission, including special rules of evidence applicable thereto and notices thereof.
(e) Requiring any applicant to pay all or any part of the fees and costs of investigation of such applicant as may be determined by the board.
(f) Prescribing the manner and method of collection and payment of fees and issuance of licenses.
(g) Defining and limiting the area, games and devices permitted, and the method of operation of such games and devices for the purposes of this chapter.
(h) Prescribing under what conditions the nonpayment of a gambling debt by a licensee shall be deemed grounds for revocation or suspension of his license.
(i) Governing the manufacture, sale and distribution of gambling devices and equipment.
(j) Requiring any applicant or licensee to waive any privilege with respect to any testimony at any hearing or meeting of the board or commission, except any privilege afforded by the constitutions of the United States or this state.
(k) Prescribing the qualifications of, and the conditions under which, attorneys, accountants and others shall be permitted to practice before the board or commission.
Sec. 5. NRS 463.310 is hereby amended to read as follows:
463.310 1. The board shall [investigate any apparent violations] make such investigations:
(a) To determine whether there has been any violation of this chapter, chapter 464 or chapter 465 of NRS or any regulations adopted thereunder. [which come to its attention and, when disciplinary or other action is to be taken against a licensee, shall conduct such investigative hearings with respect thereto as may be necessary. The commission may direct the board to investigate any apparent violations of]
(b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or rules and regulations.
(c) To aid in adopting regulations.
(d) To secure information as a basis for recommending legislation relating to this chapter, chapter 464 or chapter 465 of NRS. [or any regulations which come to its attention.]
(e) As directed by the commission.
2. If, after [such] any investigation the board is satisfied that a license should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.
3. Upon receipt of the complaint of the board, the commission shall review the same and all matter presented in support thereof, and, if satisfied that probable grounds exist for disciplinary or other action, shall conduct further proceedings in accordance with NRS 463.312. If the commission is not satisfied that probable grounds exist for disciplinary or other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.
κ1973 Statutes of Nevada, Page 1270 (CHAPTER 682, SB 560)κ
other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.
4. After the provisions of subsections 1, 2 and 3 above have been complied with, the commission shall have full and absolute power and authority to:
(a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;
(b) Order a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment; and
(c) Fine a licensed gaming establishment in an amount not to exceed $100,000 for the first violation by such establishment, or any individual licensee in an amount not to exceed $50,000 for the first violation by such individual,
for any cause deemed reasonable by the commission. All fines shall be paid to the state treasurer for deposit in the general fund in the state treasury.
5. For the second violation of any provisions of chapter 465 or NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of such establishment or individual.
6. In the event the commission shall limit, condition, suspend or revoke any license or impose a fine, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which such order is based.
7. Any such limitation, condition, revocation, suspension or fine so made shall be and remain effective until reversed or modified upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
8. Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315.
Sec. 6. Notwithstanding the provisions of NRS 463.050:
1. The successor to the member of the gaming control board whose term expires on July 1, 1973, shall serve until January 1, 1977, whereupon his successor, in turn, shall be appointed to a 4 year term.
2. The successors to the members of the gaming control board whose terms expire on July 1, 1975, shall serve until January 1, 1979, whereupon their successors, in turn, each shall be appointed to a 4 year term.
________
κ1973 Statutes of Nevada, Page 1271κ
Senate Bill No. 603Committee on Judiciary
CHAPTER 683
AN ACT relating to grand juries; providing a new means of selecting prospective jurors; providing conditions for issuing certain types of reports; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 6.105 is hereby amended to read as follows:
6.105 Grand jurors in Carson City shall be selected in the same manner as provided in NRS 6.110. [for the selection of grand jurors in counties where the board of county commissioners consists of five members. The board of supervisors of Carson City have the powers and functions of the board of county commissioners as specified in such provisions of NRS 6.110.]
Sec. 2. NRS 6.110 is hereby amended to read as follows:
6.110 1. In any county [wherein at the last preceding general election 1,000 or more votes were cast for the candidates for the office of representative in Congress of the United States,] having a population of 15,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the selection of persons as proposed grand jurors shall be made in the manner prescribed in this [subsection] section upon notice from [the] any district judge as often as the public interest may require and at least once in each 4 years. [In counties where the board of county commissioners, pursuant to the provisions of NRS 244.010, consists of three members, after required notice has been given by the district judge, the three members of the board of county commissioners and the district judge shall, at a regular meeting of the board of county commissioners which shall be open to the public, select 36 persons as proposed grand jurors by selecting 36 names from the county clerks register of registered voters in the following manner. The district judge shall first make a selection of one name from the register. In turn each member of the board of county commissioners shall make a selection of one name from the register, and such selection procedure shall continue until 36 persons are selected as proposed grand jurors. In counties where the board of county commissioners, pursuant to the provisions of NRS 244.013 or section 1 of [this act,] Assembly Bill No. 70 of the 57th session of the legislature, consists of five members and there is more than one district judge in the judicial district containing the county, after required notice has been given by the district judge, selection of 36 persons as proposed grand jurors shall be made as follows. The district judges of the judicial district shall designate one of their number who shall meet with three or more of the members of the board of county commissioners at a regular meeting of the board of county commissioners which shall be open to the public. The district judge shall first make a selection of one name from the county clerks register of registered voters. In turn each member of the board of county commissioners present at the meeting shall make a selection of one name from the register, and such selection procedure shall continue until 36 persons are selected as proposed grand jurors.]
κ1973 Statutes of Nevada, Page 1272 (CHAPTER 683, SB 603)κ
36 persons are selected as proposed grand jurors.] The county clerk under the supervision of the district judge shall randomly select the names of 100 qualified persons to serve as prospective grand jurors. The county clerk shall then prepare and mail to each person whose name was selected a questionnaire prepared by the chief district judge stating the amount of pay, the estimated time required to serve and the duties to be performed. Each recipient of the questionnaire shall be requested to return such questionnaire, indicating thereon his willingness to serve on the jury. The county clerk shall continue the selection of names and mailing of questionnaires until a panel of 100 persons who are willing to serve is established. A list of the names [so selected] of persons who indicated their willingness to serve as grand jurors shall be made out and certified by the [officers making the selection] county clerk and shall be filed in [the clerks] his office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon [the] such persons [so drawn] as grand jurors to attend in court at such time as the district judge may have directed.
2. The sheriff shall summon such grand jurors, and out of the number so summoned [the court] each district judge in rotation according to seniority shall select one name from the venire until 17 persons to constitute the grand jury and 12 persons to act as alternate grand jurors [. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury and to act as alternates, shall be selected from the qualified jurors by the district judge and the clerk and summoned to appear in court at such time as the court may direct.] are chosen.
3. Every person named in the venire as a grand juror shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered or certified and deposited in the post office addressed to the person at his usual post office address. The receipt of the person so addressed for the registered or certified summons shall be regarded as personal service of the summons upon such person and no mileage shall be allowed for service. The postage and fee for registered or certified mail shall be paid by the sheriff and allowed him as other claims against the county.
4. If for any reason a person selected as a grand juror is unable to serve on the grand jury until the completion of its business, the district judge shall select one of the alternate grand jurors to serve in his place. Such alternate shall be served by the sheriff in the manner provided in subsection 3.
Sec. 3. NRS 6.120 is hereby amended to read as follows:
6.120 1. In any county [wherein there were cast at the last preceding general election not more than 999 votes for Congressman, the board of county commissioners of the county, as often as the public interest may require, shall select from the qualified jurors of the county (whether their names are or are not upon the list selected by the board of county commissioners) 36 persons who shall be summoned to appear as grand jurors at such times as the district judge may order.] having a population of less than 15,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the county clerk under the supervision of the district judge, shall randomly select the names of 50 qualified persons to serve as prospective grand jurors.
κ1973 Statutes of Nevada, Page 1273 (CHAPTER 683, SB 603)κ
county clerk under the supervision of the district judge, shall randomly select the names of 50 qualified persons to serve as prospective grand jurors. The county clerk shall then prepare and mail to each person whose name was selected a questionnaire drawn up by the district judge or presiding district judge, where applicable, stating the amount of pay, the estimated time required to serve, and the duties to be performed. Each recipient of the questionnaire shall be requested to return such questionnaire, indicating thereon his willingness to serve on the jury. The county clerk shall continue the selection of names and mailing of questionnaires until a panel of 36 persons who are willing to serve is established. The requirement of subsection 1 of NRS 6.110 that a grand jury must be called at least once in every 4 years shall not apply to such county unless the district judge otherwise directs. A list of the names [so selected] of the 36 persons who indicate their willingness to serve as grand jurors shall be made out and certified by the [officers making the selection] county clerk and shall be filed in the county clerks office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the [person so drawn] persons willing to serve as grand jurors to attend in court at such time as the district judge may have directed.
2. The sheriff shall summon such grand jurors, and out of the number so summoned [the court] each district judge in rotation according to seniority, shall select one name from the venire until 17 persons to constitute the grand jury and 12 persons to act as alternate grand jurors [. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury and to act as alternates, shall be selected from the qualified jurors by the district judge and the clerk and summoned to appear in court at such time as the court may direct.] are chosen.
3. Every person named in the venire as a grand juror shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered or certified and deposited in the post office addressed to the person at his usual post office address. The receipt of the person so addressed for the registered or certified summons shall be regarded as personal service of the summons upon such person and no mileage shall be allowed for service. The postage and fee for registered or certified mail shall be paid by the sheriff and allowed him as other claims against the county.
4. If for any reason a person selected as a grand juror is unable to serve on the grand jury until the completion of its business, the district judge shall select one of the alternate grand jurors to serve in his place. Such alternate shall be served by the sheriff in the manner provided in subsection 3.
Sec. 4. NRS 6.140 is hereby amended to read as follows:
6.140 In any county, if the district judge for any reason [shall fail or refuse] fails or refuses to select a grand jury when required, any interested person resident of the county may apply to the supreme court for an order directing the selection of a grand jury. The application shall be supported by affidavits setting forth the true facts as known to the applicant, and the certificate of the county clerk that a grand jury has not been selected within the time fixed or otherwise as the facts may be.
κ1973 Statutes of Nevada, Page 1274 (CHAPTER 683, SB 603)κ
selected within the time fixed or otherwise as the facts may be. The supreme court shall issue its order, if satisfied that a grand jury should be called, directing the [board of county commissioners or the] county clerk [, or both,] to select and impanel a grand jury, according to the provisions of NRS 6.110, 6.120 and 6.130.
Sec. 5. NRS 172.175 is hereby amended to read as follows:
172.175 1. The grand jury must inquire into:
(a) The case of every person imprisoned in the jail of the county, on a criminal charge, against whom an indictment has not been found or an information or complaint filed.
(b) The condition and management of the public prisons within the county.
(c) The misconduct in office of public officers of every description within the county.
2. The grand jury may inquire into and report on any and all matters affecting the morals, health and general welfare of the inhabitants of the county, or of any administrative division thereof, or of any township, incorporated city, irrigation district or town therein.
3. No report issued pursuant to this section shall single out any person or persons which directly or by innuendo, imputation or otherwise accuses such person or persons of a wrongdoing which if true would constitute an indictable offense unless the report is accompanied by a presentment or indictment of such person or persons. At the time any grand jury is impaneled, the provisions of this subsection shall be included in the charge to such grand jury.
Sec. 6. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 21Mr. Jacobsen
CHAPTER 684
AN ACT to amend NRS 218.220, relating to expenses of legislators; limiting legislators per diem travel allowance to one days travel to and from Carson City for the opening and adjournment of the legislature.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. Notwithstanding the provisions of NRS 281.160 or any other law, the per diem expense allowance and the travel and telephone expenses of senators and assemblymen duly elected or appointed and in attendance at any session of the legislature shall be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a regular or special session of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a regular or special session of the legislature, each senator and assemblyman shall receive:
κ1973 Statutes of Nevada, Page 1275 (CHAPTER 684, AB 21)κ
(a) A per diem expense allowance of $30 [per day.] for one days travel to and one days travel from regular and special sessions of the legislature.
(b) Travel expenses computed at the rate of 12 cents per mile traveled.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman shall be entitled to receive not to exceed the total sum of $1,200 as a supplemental travel allowance for traveling to and from his home or temporary residence during each regular session of the legislature and not to exceed the total sum of $500 as a supplemental travel allowance for traveling to and from his home or temporary residence during each special session of the legislature.
4. Each senator and assemblyman shall be allowed for each day that the legislature is in regular or special session a per diem allowance of $30 per day.
5. Each senator and assemblyman shall be entitled to receive not to exceed the total sum of $250 as a telephone allowance for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not to exceed the total sum of $100 during each special session of the legislature.
6. Claims for expenses made under the provisions of this section shall be made in the same manner as other claims are made against the state, and shall be allowed and paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 shall be allowed and paid once each week during a legislative session.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 220Messrs. Glover, Smalley, May, Howard, Bickerstaff, Dini, Jacobsen and Dreyer
CHAPTER 685
AN ACT relating to drivers licenses; lowering fee imposed on persons 70 years or older to obtain a license; imposing a $2 fee for obtaining a motorcycle endorsement; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every drivers license issued [a $5 fee shall be charged.
2. For every reinstatement or duplication of a license or change of name or address the following fees shall be charged:
Reinstatement of license after suspension, revocation or cancellation...... $5
Duplicate license.................................................................................................. 1
Change of name.................................................................................................... 1
Change of address............................................................................................... 1]
and service performed the following fees shall be charged:
κ1973 Statutes of Nevada, Page 1276 (CHAPTER 685, AB 220)κ
A license issued to persons 70 years of age or older.................................... $3
A license issued to all other persons............................................................... 5
Reinstatement of a license after suspension, revocation or cancellation 5
A duplicate license, change of name, change of address or any combination 1
2. For every motorcycle endorsement to a drivers license a $2 fee shall be charged.
3. A penalty of $5 shall be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.380 unless exempt under NRS 483.380.
4. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
5. All money collected by the administrator shall be deposited at least once a month with the state treasurer, who shall deposit the money to the credit of the state highway fund.
Sec. 2. NRS 486.151 is hereby amended to read as follows:
486.151 1. The department shall issue to every applicant qualifying therefor a motorcycle drivers license or shall endorse the drivers license of such applicant pursuant to chapter 483 of NRS.
2. Such license shall bear thereon:
(a) A number assigned to the licensee.
(b) His full name.
(c) His date of birth.
(d) His residence address.
(e) A brief description of the licensee.
(f) A space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license.
3. The charge for any license issued under the provisions of this section shall be $5.
4. The charge for an endorsement to a drivers license shall be $2.
________
Assembly Bill No. 43Committee on Transportation
CHAPTER 686
AN ACT relating to drivers licenses and driving under the influence of intoxicating liquor or a controlled substance; allowing intermittent sentences; clarifying periods of suspension and revocation; providing mandatory jail sentence for second conviction within 3 years of driving under the influence; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.560 is hereby amended to read as follows:
483.560 1. [Whenever the department has canceled, suspended or revoked the license of any driver, it shall be unlawful for such driver to operate a vehicle on the public streets and highways of this state during the period of cancellation, suspension or revocation.]
κ1973 Statutes of Nevada, Page 1277 (CHAPTER 686, AB 43)κ
operate a vehicle on the public streets and highways of this state during the period of cancellation, suspension or revocation.] Except as provided in NRS 485.330, any person who drives a motor vehicle on a highway of this state at a time when his drivers license has been canceled, revoked or suspended shall be guilty of a misdemeanor.
2. Any term of confinement imposed under the provisions of subsection 1 may be served intermittently at the discretion of the judge or justice of the peace. This discretion shall be exercised after considering all the circumstances surrounding the offense, and the family and employment situation of the person convicted. However, the full term of confinement shall be served within a 6-month period from the date of conviction, and any segment of time the person is confined shall not consist of less than a 24-hour period.
3. Jail sentences simultaneously imposed under this section and NRS 484.379 shall run consecutively.
[2.] 4. The department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while the license of such person was suspended shall extend the period of such suspension for an additional like period, from and after the expiration date of the last suspension period; and if the conviction was upon a charge of driving while a license was revoked the department shall [not issue a new license] extend the period of revocation for an additional period of 1 year from and after the date such person would otherwise have been entitled to apply for a new license. Suspensions and revocations under this section run consecutively.
Sec. 2. NRS 484.379 is hereby amended to read as follows:
484.379 1. It is unlawful for any person who is under the influence of intoxicating liquor to drive or be in actual physical control of a vehicle within this state.
2. It is unlawful for any person who is an habitual user of or under the influence of any controlled substance as defined in chapter 453 of NRS, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any chemical, poison, or organic solvent, to a degree which renders him incapable of safely driving or steering a vehicle to drive or steer a vehicle within this state. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this subsection.
3. Any person who violates the provisions of this section is guilty of a misdemeanor and such persons license to operate a vehicle in this state may, by the decision of the court, be suspended by the department of motor vehicles for a period of not less than 30 days nor more than 1 year.
4. Upon a subsequent conviction within 3 years for an offense under the provisions of this section, the person so convicted shall be punished by [a fine of not less than $100 nor more than $500 or by imprisonment in the county jail for not less than 10 days nor more than 6 months or by both such fine and imprisonment.] mandatory confinement in the county or municipal jail for not less than 10 days, nor more than 6 months. Such person may also be punished by a fine of not more than $500. His license to operate a vehicle in this state shall be revoked for 2 years by the department of motor vehicles.
κ1973 Statutes of Nevada, Page 1278 (CHAPTER 686, AB 43)κ
5. Upon a subsequent conviction, after three years, but within 7 years, for an offense under the provisions of this section, the person so convicted shall have his license revoked by the department for a period of 1 year.
6. No judge or justice of the peace in imposing sentences provided for in this section shall suspend the same or any part thereof.
7. Any term of confinement imposed under the provisions of subsection 4 may be served intermittently at the discretion of the judge or justice of the peace. This discretion shall be exercised after considering all the circumstances surrounding the offense, and the family and employment situation of the person convicted. However, the full term of confinement shall be served within a 6-month period from the date of conviction, and any segment of time the person is confined shall not consist of less than a 24-hour period.
8. Jail sentences simultaneously imposed under this section, and NRS 483.560 or 485.330, shall run consecutively.
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 373Messrs. Bennett and Crawford
CHAPTER 687
AN ACT relating to licensing and administration of health and care facilities; consolidating the health division licensing provisions for child care facilities, group care facilities, intermediate care facilities, skilled nursing facilities and hospitals; revising terminology used to describe certain such facilities and their licensed administrators; providing for suspension or revocation of licenses under certain conditions; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 449 of NRS is hereby amended by adding the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in sections 3 to 13, inclusive, of this act and NRS 449.021 to 449.245, inclusive, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3. Child care facility means an establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, for compensation, to five or more children under 18 years of age. Child care facility does not include:
1. The home of a natural parent or guardian, foster home as defined in chapter 424 of NRS or maternity home; or
2. A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility.
Sec. 4. Group care facility means an establishment operated and maintained for the purpose of furnishing food, shelter and laundry and providing personal care or services other than nursing care to:
κ1973 Statutes of Nevada, Page 1279 (CHAPTER 687, AB 373)κ
maintained for the purpose of furnishing food, shelter and laundry and providing personal care or services other than nursing care to:
1. Four or more ambulatory aged, infirm or handicapped individuals unrelated to the person operating the facility; or
2. Four or more females during pregnancy or after delivery, who are unrelated to the person operating the facility.
Sec. 5. Health and care facility includes child care facility, group care facility, intermediate care facility, skilled nursing facility and hospital.
Sec. 6. Health division means the health division of the department of health, welfare and rehabilitation.
Sec. 7. Hospital means an establishment staffed and equipped to provide for diagnosis, care and treatment of all stages of human illness, and which provides 24-hour professional nursing service under the direction of physicians.
Sec. 8. Intermediate care facility means an establishment operated and maintained for the purpose of providing personal and health care supervision, plus 24-hour awake supervision, for four or more individuals who do not have illness, disease, injury or other conditions that would require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide.
Sec. 9. Person means an individual, partnership, firm, corporation, association or county hospital.
Sec. 10. 1. Skilled nursing facility means an establishment with continuous skilled nursing service, under medical direction as prescribed by a physician, which provides in-patient care to convalescent patients not in an acute episode of illness.
2. Skilled nursing facility includes those facilities referred to as extended care facilities.
3. Skilled nursing facility does not include a facility which meets the requirements of a general or any other special hospital pursuant to NRS 449.021.
Sec. 11. Every health and care facility shall include as part of its designation an additional prefatory term which denotes the level of care rendered as defined in the licensing regulations for such facilities.
Sec. 12. Each license issued by the health division shall be in the form prescribed by the division and shall contain:
1. The name of the person or persons authorized to operate such licensed facility;
2. The location of such licensed facility; and
3. The number of beds authorized in such licensed facility.
Sec. 13. 1. The health division may issue a provisional license, effective for a period of time not exceeding one year, to a health and care facility which:
(a) Is in operation at the time of promulgation of standards, rules and regulations pursuant to the provisions of sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive, if the division determines that the facility requires a reasonable time under the particular circumstances, not to exceed one year from the date of such promulgation, within which to comply with such standards, rules and regulations; or
κ1973 Statutes of Nevada, Page 1280 (CHAPTER 687, AB 373)κ
(b) Has failed to comply with such standards, rules and regulations, if the division determines that the facility is in the process of making the necessary changes or has agreed to effect such changes within a reasonable time.
2. The provisions of subsection 1 do not require the issuance of a license or prevent the health division from refusing to renew or from revoking or suspending any license in any instance where the health division deems such action necessary for the health and safety of the occupants of any such facility.
Sec. 14. NRS 431.103 is hereby amended to read as follows:
431.103 1. Prior to the fifth day of each month, the licensee of each group care facility shall notify the welfare division of the department of health, welfare and rehabilitation of the names of the state welfare recipients who are residents of the group care facility.
2. Any assistance payments made by the welfare division for the food and shelter of a resident of a group care facility may be made on a monthly basis to the licensee of such group care facility in trust for that resident.
3. If a resident of a group care facility changes residence or dies, the licensee of the facility shall repay to the welfare division that portion of the monthly assistance payment which was made for the food and shelter of the resident but which was in excess of the pro rata portion of food and shelter provided by the licensee to the resident during the month.
4. Any assistance payments made by the welfare division for the personal needs of a resident of a group care facility shall be made directly to the resident or to his authorized agent or representative.
Sec. 15. NRS 431.105 is hereby amended to read as follows:
431.105 1. The welfare division shall arrange for transportation to a group care facility, as defined in section 4 of this act, of any state welfare recipient who has been assigned to such group care facility.
2. If any state welfare recipient who is a resident of a group care facility moves out of such facility, the welfare division shall remove any personal belongings left by the recipient in the facility and dispose of them in accordance with procedures adopted by the state welfare board. If the welfare division does not remove such belongings within 30 days, the licensee may sell or otherwise dispose of such belongings.
Sec. 16. NRS 431.107 is hereby amended to read as follows:
431.107 The welfare division shall make an agreement with each individual [adult] group care facility, as defined in section 4 of this act, specifying the rate of payment and describing the personal care [and health supervision] to be provided the recipient.
Sec. 17. NRS 449.021 is hereby amended to read as follows:
449.021 1. A hospital [as defined in NRS 449.011] which provides only one or two of the following categories of service:
(a) Medical;
(b) Surgical;
(c) Obstetrical; or
(d) Psychiatric, shall be designated a medical hospital, surgical hospital, obstetrical hospital or psychiatric hospital or combined-categories hospital, as the case may be.
κ1973 Statutes of Nevada, Page 1281 (CHAPTER 687, AB 373)κ
shall be designated a medical hospital, surgical hospital, obstetrical hospital or psychiatric hospital or combined-categories hospital, as the case may be.
2. When a hospital offers services in medical, surgical and obstetrical categories, as a minimum, it shall be designated a general hospital.
Sec. 18. NRS 449.030 is hereby amended to read as follows:
449.030 No person, [partnership, corporation or association, nor any] state or local government unit or [any] agency thereof [,] shall [establish, conduct] operate or maintain in this state any health and care facility without first obtaining a license therefor as provided in sections 2 to 13, inclusive, of this act, and NRS 449.021 to 449.240, inclusive.
Sec. 19. NRS 449.035 is hereby amended to read as follows:
449.035 A [nursing home] skilled nursing facility licensed pursuant to the provisions of sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive, shall not operate except under the supervision of a [nursing home] skilled nursing facility administrator licensed under the provisions of chapter 654 of NRS.
Sec. 20. NRS 449.037 is hereby amended to read as follows:
449.037 [The state board of health shall have the following powers:
1. To adopt licensing standards for each class of health and care facility covered by NRS 449.021 to 449.240, inclusive, after considering the recommendations of the health facilities advisory council.
2. To adopt rules and regulations governing the licensing of such institutions after considering the recommendations of the health facilities advisory council.
3. To adopt such other rules and regulations as it deems necessary or convenient to carry out the provisions of NRS 449.021 to 449.240, inclusive.]
1. The state board of health shall adopt:
(a) Licensing standards for each class of health and care facility covered by sections 2 to 13, inclusive, of this act, and NRS 449.021 to 449.240, inclusive, after considering any recommendations the health facilities advisory council may make.
(b) Rules and regulations governing the licensing of such institutions, after considering any recommendations the health facilities advisory council may make.
(c) Such other rules and regulations as it deems necessary or convenient to carry out the provisions of sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive.
2. The state board of health shall require that the practices and policies of each health and care facility must provide adequately for the protection of the health, safety, physical, moral and mental well-being of each individual accommodated in the facility.
Sec. 21. NRS 449.040 is hereby amended to read as follows:
449.040 Any person, [partnership, corporation or association, or any] state or local government unit or [any] agency thereof [,] desiring a license under the provisions of sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive, shall file with the health division [a verified] an application on a form prescribed, prepared and furnished by the health division, containing:
κ1973 Statutes of Nevada, Page 1282 (CHAPTER 687, AB 373)κ
division [a verified] an application on a form prescribed, prepared and furnished by the health division, containing:
1. The name of the applicant and, if an individual, whether the applicant has attained the age of 21 years.
2. The type of [institution] facility to be operated.
3. The location [thereof.] of the facility.
4. The number of beds authorized.
5. The name of the person in charge [thereof.] of the facility.
[5.] 6. Such other information as may be required by the health division for the proper administration and enforcement of sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive.
[6.] 7. Evidence satisfactory to the health division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation [,] or company, like evidence shall be submitted as to the members thereof, and the person in charge of the [institution] facility for which application for license is made. If the applicant is a political subdivision of the state or other governmental agency, like evidence shall be submitted as to the person in charge of the institution for which application [for license] is made.
[7.] 8. Evidence satisfactory to the health division of the ability of the applicant to comply with the provisions of [NRS 449.021 to 449.240, inclusive, and of rules and regulations promulgated under NRS 449.021 to 449.240, inclusive, by the health division.] sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive, and of standards, rules and regulations promulgated thereunder by the health division.
Sec. 22. NRS 449.050 is hereby amended to read as follows:
449.050 Each application for a license [under NRS 449.021 to 449.240, inclusive,] shall be accompanied by such [reasonable] fee as may be determined by regulation of the state board of health.
Sec. 23. NRS 449.060 is hereby amended to read as follows:
449.060 Each license issued under [NRS 449.021 to 449.240, inclusive, shall expire 1 year from the date of its issuance and shall be renewed automatically upon the payment of the fee provided for in NRS 449.050, unless the health division finds, after an investigation, that the health and care facility has not complied with the provisions of NRS 449.021 to 449.240, inclusive, or the rules and regulations of the health division, and returns the fee to the applicant.] sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive, shall expire 1 year from the date of its issuance and shall be renewed for a period not to exceed 1 year from the date of expiration, upon reapplication and determination by the health division of satisfactory compliance with the provisions of sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive, and with the standards, rules and regulations promulgated thereunder.
Sec. 24. NRS 449.070 is hereby amended to read as follows:
449.070 [1. No person, partnership, corporation or association, nor any state or local governmental unit or any agency thereof, shall continue to operate, conduct or maintain an existing health and care facility after August 1, 1951, without having applied for and obtained a license as provided in NRS 449.021 to 449.240, inclusive.
κ1973 Statutes of Nevada, Page 1283 (CHAPTER 687, AB 373)κ
August 1, 1951, without having applied for and obtained a license as provided in NRS 449.021 to 449.240, inclusive.
2. The provisions of this chapter do not apply to any institution] The provisions of sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive, do not apply to:
1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of such church or denomination [. However, such institution] , but such facilities shall comply with all rules and regulations relative to sanitation and safety [as other institutions] applicable to other facilities of similar category.
2. Child care facilities in any county or incorporated city where the governing body has established a child care licensing agency and enacted an ordinance requiring that child care facilities be licensed by such county or incorporated city. Such licensing agency shall adopt such standards, rules and regulations as may be necessary for the licensing of child care facilities, which standards, rules and regulations shall be not less restrictive than those adopted by the state board of health and shall take effect upon their approval by the state board of health.
3. Foster homes as defined in NRS 424.010.
4. Any health and care facility operated and maintained by the United States Government or a duly authorized agency thereof.
Sec. 25. NRS 449.080 is hereby amended to read as follows:
449.080 [Upon the filing of the application for license provided for, and full compliance with the provisions of NRS 449.021 to 449.240, inclusive, and the rules and regulations promulgated under NRS 449.021 to 449.240, inclusive, by the health division, the health division shall issue to the applicant the license applied for.]
1. If, after investigation, the health division finds that the applicant is in full compliance with the provisions of sections 2 to 13, inclusive, of this act, and NRS 449.021 to 449.240, inclusive, and the standards, rules and regulations promulgated thereunder, the division shall issue to the applicant the license applied for.
2. A license so issued shall be in effect for one year from the date of issuance.
3. A license shall apply only to the person named therein and shall be valid only for the premises described therein, and shall not be transferable.
Sec. 26. NRS 449.140 is hereby amended to read as follows:
449.140 1. Funds received from the licensure of health and care facilities [or from any other source] shall be deposited in the health and care facility licensing administration fund and thereby merged with appropriated [money,] funds, and shall be disbursed on claims signed by the health division and paid, as other claims against the state are paid, out of the health and care facility licensing administration fund in the state treasury.
2. The health division shall [be charged with the duty of enforcing] enforce the provisions of [NRS 449.021 to 449.240, inclusive,] sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.245, inclusive, and may incur any necessary expenses not in excess of the revenue from fees from licensure and appropriated and authorized state and federal funds.
κ1973 Statutes of Nevada, Page 1284 (CHAPTER 687, AB 373)κ
may incur any necessary expenses not in excess of the revenue from fees from licensure and appropriated and authorized state and federal funds.
Sec. 27. NRS 449.150 is hereby amended to read as follows:
449.150 The health division [shall have the following powers:
1. To make or cause to be made inspections of institutions which apply for or hold health and care facility licenses.
2. To employ such clerical and inspecting assistance as it deems necessary to carry out the provisions of NRS 449.021 to 449.240, inclusive.] may:
1. Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a health and care facility. Such facility is subject to inspection and approval as to fire safety standards, on behalf of the health division, by the state fire marshal or his designate.
2. Inspect every licensed health and care facility as often as is necessary to assure that there is compliance with all applicable rules, regulations and standards.
3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.245, inclusive.
Sec. 28. NRS 449.160 is hereby amended to read as follows:
449.160 The health division may deny an application for a license or may suspend or revoke any license issued under the provisions of sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive, upon any of the following grounds:
1. Violation by the applicant or the licensee of any of the provisions of [NRS 449.021 to 449.240, inclusive,] sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.245, inclusive, or of any other law of this state or of the standards, rules and regulations promulgated [under NRS 449.021 to 449.240, inclusive.] thereunder.
2. Aiding, abetting or permitting the commission of any illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
4. Conduct or practice detrimental to the health or safety of the [patients or employees of the institution.] occupants or employees of the facility.
5. Failure of the applicant to obtain written approval from the state comprehensive health planning advisory council as required by NRS 439A.100 and as provided in the rules of such council.
Sec. 29. NRS 449.170 is hereby amended to read as follows:
449.170 1. When the health division denies, suspends or revokes a [hospital license, the health division shall send notice thereof by registered or certified mail to the institution concerned, setting forth the reasons for the action taken.
2. Within 30 days after the date of the notice, the applicant or the licensee may give written notice of desire for a hearing, and a hearing, at which the applicant or licensee shall have the right to present evidence, shall be held before the health divisions.
κ1973 Statutes of Nevada, Page 1285 (CHAPTER 687, AB 373)κ
at which the applicant or licensee shall have the right to present evidence, shall be held before the health divisions.
3. The hearing before the health division shall be conducted according to the rules and regulations adopted by the health division.
4. Witnesses may be subpenaed by either party to the hearing and shall receive the fees and mileage allowed a witness in civil cases.
5. A record of the proceedings shall be kept but need not be transcribed unless the decision is appealed or a transcript is requested by an interested party, who shall bear the cost of transcription.
6. The health division shall render its decision on the basis of the evidence presented and shall send a copy thereof by registered or certified mail to the applicant or licensee. The decision shall be final, subject to the right of appeal.] health and care facility license, the division shall afford reasonable notice to all parties by certified mail, which notice shall contain the legal authority, jurisdiction and reasons for the action taken.
2. The aggrieved person may file notice of appeal with the state health officer within 10 calendar days after receipt of notice of action of the health division.
3. Within 20 calendar days after the receipt of the notice of appeal by the state health officer, the health division shall hold a hearing in the manner provided by the Nevada Administrative Procedure Act and the rules and regulations of the state board of health.
4. Notice of the hearing shall be given no less than 5 days prior to the date set for the hearing.
Sec. 30. NRS 449.200 is hereby amended to read as follows:
449.200 Information received by the health division and records kept under the provisions of sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive, [shall be] are confidential and shall be disclosed only to the state comprehensive health planning agency or in a proceeding involving the granting or revocation of a license, or the accreditation of a hospital by the Joint Commission on Accreditation of Hospitals.
Sec. 31. NRS 449.210 is hereby amended to read as follows:
449.210 [1. A violation of any provision of NRS 449.021 to 449.240, inclusive, or the rules and regulations adopted thereunder shall be punished by a fine of not more than $100 for the first offense, and $500 for each subsequent offense.
2. Each day of violation shall constitute a separate offense.] Any person who operates a health and care facility without a license issued by the health division is guilty of a misdemeanor.
Sec. 32. NRS 449.220 is hereby amended to read as follows:
449.220 1. The health division may bring an action in the name of the state to enjoin any person, [partnership, corporation or association, or any] state or local government unit or [any] agency thereof [,] from [establishing] operating or maintaining any [institution] facility within the meaning of sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive:
(a) Without first obtaining a license therefor; or
κ1973 Statutes of Nevada, Page 1286 (CHAPTER 687, AB 373)κ
(b) [Whose] After his license has been revoked or suspended by the health division.
2. It [shall be] is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, [establish or] operate and maintain such [an institution] facility without a license.
Sec. 33. NRS 449.230 is hereby amended to read as follows:
449.230 Any duly authorized member or employee of the health division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of [NRS 449.021 to 449.240, inclusive.] sections 2 to 13, inclusive, of this act or NRS 449.021 to 449.245, inclusive.
Sec. 34. NRS 449.240 is hereby amended to read as follows:
449.240 The district attorney of the county in which the [hospital] facility is located shall, upon application by the health division, institute and conduct the prosecution of any action for violation of any provisions of [NRS 449.021 to 449.240, inclusive.] sections 2 to 13, inclusive, of this act or NRS 449.021 to 449.245, inclusive.
Sec. 35. NRS 449.245 is hereby amended to read as follows:
449.245 1. No hospital licensed under the provisions of [this chapter] sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive, shall release from such hospital or otherwise surrender physical custody of any child under 6 months of age, whose living parent or guardian is known to such hospital, to any person other than a parent, guardian or relative by blood or marriage of such child, without a written authorization signed by such living parent, which shall be the mother if unwed, or guardian specifying the particular person or agency to whom such child may be released and the permanent address of such person or agency.
2. Upon the release or other surrender of physical custody of any minor child, the hospital shall require from the person to whom the child is released such reasonable proof of identity as the hospital may deem necessary for compliance with the provisions of this section. The hospital shall furnish a true copy of each such written authorization to the welfare division of the department of health, welfare and rehabilitation before the release or other surrender by it of physical custody of any such minor child. [Such copy shall not be withheld by the hospital for any reason whatsoever.] Such copy shall be furnished to the welfare division immediately upon receipt by the hospital of such authorization.
3. Any person to whom any such child is released who thereafter surrenders physical custody of such child to any other person or agency shall, upon demand by the welfare division, disclose to the welfare division the name and permanent address of the person or agency to whom physical custody of the child was delivered.
4. All information received by the welfare division pursuant to the provisions of this section shall be confidential information and shall be protected from disclosure in the same manner that information concerning recipients of public assistance is protected under NRS 422.290.
5. A violation of any provision of this section is a misdemeanor.
Sec. 36. Chapter 654 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A license issued pursuant to the provisions of this chapter prior to July 1, 1973 shall be considered equivalent to, and is subject to the same conditions as, a skilled nursing facility administrators license.
κ1973 Statutes of Nevada, Page 1287 (CHAPTER 687, AB 373)κ
July 1, 1973 shall be considered equivalent to, and is subject to the same conditions as, a skilled nursing facility administrators license.
Sec. 37. NRS 654.020 is hereby amended to read as follows:
654.020 Board means the Nevada state board of examiners for [nursing home] skilled nursing facility administrators.
Sec. 38. NRS 654.030 is hereby amended to read as follows:
654.030 1. [Nursing home] Skilled nursing facility means any proprietary or nonprofit institution or facility defined as a [nursing home] skilled nursing facility for licensing purposes by Nevada Revised Statutes or rules and regulations adopted by the health division of the department of health, welfare and rehabilitation, which is maintained and operated primarily to provide convalescent or long-term nursing care to one or more ill persons.
2. [Nursing home] Skilled nursing facility does not include any place providing care and treatment primarily for the acutely ill.
Sec. 39. NRS 654.040 is hereby amended to read as follows:
654.040 [Nursing home] Skilled nursing facility administrator means a person who manages, supervises and is in general administrative charge of a [nursing home.] skilled nursing facility.
Sec. 40. NRS 654.050 is hereby amended to read as follows:
654.050 There is hereby created within the department of health, welfare and rehabilitation the Nevada state board of examiners for [nursing home] skilled nursing facility administrators.
Sec. 41. NRS 654.060 is hereby amended to read as follows:
654.060 The board shall be composed of:
1. The director of the department of health, welfare and rehabilitation or his designee; and
2. Four members appointed by the governor. [Three] Two of the appointed members shall be [nursing home] skilled nursing facility administrators and the third and fourth appointed [member] members shall be an administrator of a general hospital [or] and a member of the medical profession or paramedical professions.
Sec. 42. NRS 654.110 is hereby amended to read as follows:
654.110 1. The board shall:
(a) Develop, impose and enforce standards which must be met by individuals in order to receive licenses as [nursing home] skilled nursing facility administrators. Such standards shall be designed to insure that [nursing home] skilled nursing facility administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as [nursing home] skilled nursing facility administrators.
(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards.
(c) Issue licenses to individuals determined, after the application of such techniques, to meet such standards.
(d) Revoke or suspend licenses previously issued by the board in any case when the individual holding such license is determined substantially to have failed to conform to the requirements of such standards.
(e) Establish and carry out procedures designed to insure that individuals licensed as [nursing home] skilled nursing facility administrators will, during any period they serve as such, comply with the requirements of such standards.
κ1973 Statutes of Nevada, Page 1288 (CHAPTER 687, AB 373)κ
will, during any period they serve as such, comply with the requirements of such standards.
(f) Receive, investigate and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a [nursing home] skilled nursing facility administrator has failed to comply with the requirements of such standards.
(g) Conduct a continuing study in investigation of [nursing homes and administrators of nursing homes] skilled nursing facilities and administrators of skilled nursing facilities within the state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of [nursing homes] skilled nursing facilities who have been licensed as such.
(h) Conduct a program of training and instruction designed to enable all individuals to obtain the qualifications necessary to meet the standards set by the board for qualification as a [nursing home] skilled nursing facility administrator.
2. All the records kept by the board, not otherwise privileged, shall be public records.
Sec. 43. NRS 654.130 is hereby amended to read as follows:
654.130 The board shall:
1. Maintain a register of all applications for licensure as a [nursing home] skilled nursing facility administrator showing:
(a) The name, age and place of residence of the applicant.
(b) The name and address of the [nursing home] skilled nursing facility of which the applicant is to be administrator.
(c) The date of the application.
(d) The date on which the application was reviewed and the action taken on the application.
(e) The serial number of the license, if any, issued to the applicant.
(f) Such other information as the board may deem pertinent.
2. Maintain a current register of all [nursing home] skilled nursing facility administrators licensed under this chapter showing the status of such license.
Sec. 44. NRS 654.150 is hereby amended to read as follows:
654.150 Each applicant for licensure under this chapter shall:
1. Be 21 years of age or over, of good moral character and physically and emotionally capable of administering a [nursing home.] skilled nursing facility.
2. Have satisfactorily completed a course of instruction and training prescribed or approved by the board, including the study and knowledge of:
(a) The needs which are to be properly served by a [nursing home;] skilled nursing facility;
(b) The laws governing the operation of [nursing homes] skilled nursing facilities and the protection of the patients interests; and
(c) The elements of good [nursing home] skilled nursing facility administration.
In lieu of the specific requirements of this subsection, the applicant may present other evidence satisfactory to the board of sufficient education, training or experience in such areas by which he would be qualified to administer, supervise and manage a [nursing home.]
κ1973 Statutes of Nevada, Page 1289 (CHAPTER 687, AB 373)κ
administer, supervise and manage a [nursing home.] skilled nursing facility.
3. Pass an examination conducted and prescribed by the board under the provisions of this chapter.
4. Meet such other standards and qualifications as the board may from time to time adopt within the purposes of this chapter.
Sec. 45. NRS 654.170 is hereby amended to read as follows:
654.170 1. The board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of NRS 654.150 and shall affix its official seal to such license.
2. Each license issued by the board under this chapter shall expire on December 31 of the year following the year of its issuance and shall be renewed biennially.
3. Any licensed [nursing home] skilled nursing facility administrator may renew his license by applying for such renewal in the manner prescribed by the board and paying the renewal fee fixed by the board.
Sec. 46. NRS 654.180 is hereby amended to read as follows:
654.180 The board may issue a [nursing home] skilled nursing facility administrators license, without examination, to any applicant who holds a current license as a [nursing home] skilled nursing facility administrator from another jurisdiction, if the board finds that the standards for licensure in the other jurisdiction are the substantial equivalent of those prevailing in this state and that the applicant is otherwise qualified.
Sec. 47. NRS 654.190 is hereby amended to read as follows:
654.190 1. The board may, after notice and hearing, suspend or revoke the license of any [nursing home] skilled nursing facility administrator for any of the following:
(a) The conviction of a felony, or of any offense involving moral turpitude.
(b) Obtaining a license by the use of fraud or deceit.
(c) The violation of any of the provisions of this chapter.
(d) Aiding or abetting any person in the violation of any of the provisions of sections 2 to 13, inclusive, of this act and NRS 449.021 to 449.240, inclusive, as such provisions pertain to [nursing homes.] skilled nursing facilities.
(e) The violation of any rule or regulation of the board prescribing additional standards of conduct for [nursing home] skilled nursing facility administrators.
2. The board shall give a licensee against whom proceedings are brought under this section written notice of hearing not less than 10 days prior to the date of such hearing.
3. Hearings for the suspension or revocation of a license issued under this chapter shall be governed by the Nevada Administrative Procedure Act.
Sec. 48. NRS 654.200 is hereby amended to read as follows:
654.200 Any person who acts in the capacity of a [nursing home] skilled nursing facility administrator and does not have a current valid license issued under the provisions of this chapter is guilty of a misdemeanor.
κ1973 Statutes of Nevada, Page 1290 (CHAPTER 687, AB 373)κ
Sec. 49. NRS 424.110, 424.120, 424.130, 424.140, 424.150, 424.160, 431.010, 431.020, 431.030, 431.040, 431.050, 431.060, 431.070, 431.080, 431.090, 431.100, 431.110, 431.120, 449.011, 449.015, 449.025, 449.090, 449.180, 449.190 and 654.160 are hereby repealed.
Sec. 50. This act shall become effective at 12:02 a.m. on July 1, 1973.
________
Assembly Bill No. 469Mr. Schofield (by request)
CHAPTER 688
AN ACT relating to private schools; eliminating provisions for the accreditation of courses of instruction in correspondence, business and trade schools; strengthening the licensing requirements therefor; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 394 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The application for a license pursuant to NRS 394.390 shall be accompanied by not less than 2 copies of the current catalog or bulletin of the school. The catalog or bulletin shall be certified as true and correct in content and policy by an authorized owner or official of the school and shall include the following:
1. Identifying data, such as volume number and date of publication.
2. Name of the school and its governing body, officials and faculty.
3. A calendar of the school showing legal holidays, beginning and ending date of each quarter, term or semester, and other important dates.
4. School policy and regulations on enrollment with respect to enrollment dates and specific entrance requirements for each course.
5. School policy and regulations relative to leave, absences, class cuts, makeup work, tardiness and interruptions for unsatisfactory attendance.
6. School policy and regulations relative to standards of progress required of the student by the school, which policy shall define the grading system of the school, the minimum grades considered satisfactory, conditions for interruption for unsatisfactory grades or progress and a description of the probationary period, if any, allowed by the school, and conditions of reentrance for those students dismissed for unsatisfactory progress.
7. School policy and regulations relating to student conduct and conditions for dismissal for unsatisfactory conduct.
8. Detailed schedule of fees, charges for tuition, books, supplies, tools, student activities, laboratory fees, service charges, rentals, deposits and all other charges.
9. Policy and regulations of the school relative to the refund of the unused portion of tuition, fees and other charges if the student does not enter the course or withdraws or is discontinued therefrom.
κ1973 Statutes of Nevada, Page 1291 (CHAPTER 688, AB 469)κ
10. A description of the available space, facilities and equipment.
11. A course outline for each course offered showing subjects or units in the course, type of work or skill to be learned, and approximate time and clock hours to be spent on each subject or unit.
12. Policy and regulations of the school relative to granting credit for previous education and training.
Sec. 2. NRS 394.380 is hereby amended to read as follows:
394.380 No privately owned correspondence, business or trade school shall be operated by any person, firm, corporation or any private organization unless a license is first secured from the board after it has been determined that the school is in compliance with the following minimum standards:
1. It has facilities such as equipment, tools, machines, classrooms, laboratories and work stations adequate in quality and numbers to offer the training it alleges to offer.
2. Its directors, administrators and instructors have adequate educational and experience qualifications.
3. It is financially sound and capable of fulfilling its commitments for training.
4. It does not utilize advertising and sales practices which are erroneous or misleading, either by actual statement, omission or intimation.
5. It complies with all local, city, county, municipal, state and federal regulations, such as fire, building and sanitation codes.
6. It has and adheres to a reasonable refund schedule in the event a student fails to enter training, or discontinues a course.
7. It has complied with the provisions of section 1 of this act.
8. It has complied with the rules and regulations promulgated by the board pursuant to the provisions of NRS 394.410.
Sec. 3. NRS 394.390 is hereby amended to read as follows:
394.390 1. Application for a license shall be made on a form furnished by the board, and shall be accompanied by an application fee of $25 and a surety bond in the sum of not less than $5,000. Such bond may be continuous and shall be conditioned for the faithful performance of all agreements and contracts with students, as disclosed by the application for license, and compliance with section 1 of this act and NRS 394.380 to 394.420, inclusive. The surety on any bond mentioned herein may relieve itself of liability thereafter and withdraw from the bond upon giving 30 days notice in writing to the board.
2. Every license shall expire at the close of the calendar year following the date of issuance. An application for renewal shall be accompanied by a fee of $25 [and] , a surety bond as provided in this section or by evidence of the continuation of such a previously given [.] and must be submitted no less than 30 days prior to the expiration of the current license. Renewal applications are subject to the same laws, rules and regulations as original applications.
3. All fees received by the board under this section shall be deposited in the general fund in the state treasury. Such fees shall not be refundable under any circumstances.
Sec. 4. NRS 394.400 is hereby amended to read as follows:
394.400 A license issued under the provisions of section 1 of this act and NRS 394.380 to 394.420, inclusive, shall be revoked by the board when it has been established, after written notice to the school and a hearing, that the school fails to meet any of the standards or requirements of section 1 of this act or NRS 394.380 to 394.420, inclusive.
κ1973 Statutes of Nevada, Page 1292 (CHAPTER 688, AB 469)κ
board when it has been established, after written notice to the school and a hearing, that the school fails to meet any of the standards or requirements of section 1 of this act or NRS 394.380 to 394.420, inclusive.
Sec. 5. NRS 394.410 is hereby amended to read as follows:
394.410 1. The board may adopt reasonable regulations for the administration and enforcement of the provisions of section 1 of this act and NRS 394.380 to 394.420, inclusive, and may appoint a committee of from three to five owners or other representatives of privately owned correspondence, business and trade schools to advise the board in its administration.
2. Investigation of privately owned correspondence, business or trade schools located in the State of Nevada shall include inspection by a supervisor from the staff maintained by the board.
Sec. 6. NRS 394.420 is hereby amended to read as follows:
394.420 Any person who violates any of the provisions of section 1 of this act or NRS 394.380 to 394.410, inclusive, is guilty of a misdemeanor.
Sec. 7. NRS 394.280, 394.290, 394.300, 394.310, 394.320, 394.330, 394.340, 394.350, 394.360 and 394.370 are hereby repealed.
________
Assembly Bill No. 530Mr. Hafen
CHAPTER 689
AN ACT relating to public school personnel; clarifying the method of computing salary deductions for absence; requiring employees to provide services without additional compensation during compensatory extension periods under certain conditions; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, employee means a certificated or noncertificated employee of a school district in this state.
2. A school month in any public school in this state shall consist of 4 weeks of 5 days each, and, except as otherwise provided in this section, an employee thereof shall be paid only for the time in which he is actually engaged in services rendered the school district.
3. Nothing contained in this section shall prohibit the payment of employees compensation in 12 equal monthly payments for 9 or more months work.
4. The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section [shall be made on the basis of the monthly payment of such salary.] is that proportion of the yearly salary which is determined by the ratio between the duration of such absence and the total number of contracted work days in the year.
κ1973 Statutes of Nevada, Page 1293 (CHAPTER 689, AB 530)κ
5. Boards of trustees shall prescribe such rules and regulations for sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees.
6. The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the individual employee. An employee shall not be credited with more than 15 days of sick leave in any 1 school year. Rules and regulations regarding accumulation of sick leave may be promulgated by boards of trustees. Accumulated sick leave up to a maximum of 30 days may be transferred from one school district to another.
7. Subject to the provisions of subsection 8:
(a) When an intermission of less than 6 days is ordered by the board of trustees for any good reason, no deduction of salary shall be made therefor.
(b) When on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees or by a duly constituted board of health and such intermission or closing does not exceed 30 days at any one time, there shall be no deduction or discontinuance of salaries.
8. If the board of trustees orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his services to the school district during such compensatory extension period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee shall not be entitled to additional compensation for services rendered during the compensatory extension period.
________
Assembly Bill No. 642Committee on Taxation
CHAPTER 690
AN ACT relating to the taxation of mines; clarifying the taxation of royalty payments; removing an exemption; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 362.110 is hereby amended to read as follows:
362.110 1. Every person, corporation or association operating any mine in this state containing gold, silver, copper, zinc, lead or other valuable mineral or mineral deposit, whether metallic or nonmetallic [:] , and every recipient of royalty payments in connection therewith:
(a) Shall, semiannually during July and January of each year, except as provided in paragraph (b), file with the Nevada tax commission a statement showing the gross yield and claimed net proceeds from each mine owned, worked or operated by such person, corporation or association during the 6-month period immediately preceding the 1st day of the month in which the statement is so required to be made.
κ1973 Statutes of Nevada, Page 1294 (CHAPTER 690, AB 642)κ
statement showing the gross yield and claimed net proceeds from each mine owned, worked or operated by such person, corporation or association during the 6-month period immediately preceding the 1st day of the month in which the statement is so required to be made.
(b) May have up to 15 additional days to file such statement, if beforehand he makes written application to the commission and the commission finds good cause for such extension.
2. Such statement shall:
(a) Show the claimed deductions from the gross yield in the detail set forth in NRS 362.120. Such deductions shall be limited to the costs incurred during the 6-month period covered by the statement.
(b) Be in the form which shall be prescribed by the Nevada tax commission.
(c) Be verified by the manager, superintendent, secretary or treasurer of [each] the corporation, or by the owner of the mine, or, if the owner is an individual, by someone authorized in his behalf.
3. Each recipient of royalty payments as described in subsection 1 shall annually file with the Nevada tax commission a list showing each of the lessees responsible for taxes due in connection with the mine or mines included in the statement filed pursuant to subsections 1 and 2 of this section.
Sec. 2. NRS 362.120 is hereby amended to read as follows:
362.120 1. The Nevada tax commission shall, from the statement and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of each semiannual period.
2. The net proceeds shall be ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during such 6-month period, and none other:
(a) The actual cost of extracting the ore from the mines.
(b) The actual cost of transporting the product of the mine to the place or places of reduction, refining and sale.
(c) The actual cost of reduction, refining and sale.
(d) The actual cost of marketing and delivering the product and the conversion of the same into money.
(e) The actual cost of maintenance and repairs of:
(1) All mine machinery, equipment, apparatus and facilities.
(2) All milling, smelting and reduction works, plants and facilities.
(3) All transportation facilities and equipment except such as are under the jurisdiction of the public service commission of Nevada as public utilities.
(f) The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e) of this subsection.
(g) Depreciation at the rate of not less than 6 percent nor more than 10 percent per annum of the assessed valuation of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e) of this subsection. The percentage of depreciation shall be determined for each mine by the Nevada tax commission, and in making such determination the Nevada tax commission shall give due weight to the character of the mine and equipment and its probable life.
(h) All moneys expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.
κ1973 Statutes of Nevada, Page 1295 (CHAPTER 690, AB 642)κ
the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.
(i) All moneys paid as contributions under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, and all moneys paid as contributions under the Social Security Act of the Federal Government, and all moneys paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.
(j) The actual cost of development work in or about the mine or upon a group of mines when operated as a unit.
(k) All moneys paid as royalties by a lessee or sublessee of a mine, or by both, shall constitute a deductible item for such lessee or sublessee in determining the net proceeds of such lessee or sublessee or both; but the royalties so deducted by the lessee or sublessee shall constitute part of the gross yield of the mine for the purpose of determining the net proceeds upon which a tax shall be levied against the person, corporation, association or partnership to which the royalty has been paid.
[(l) Rent paid by a lessee or sublessee to a lessor or sublessor in any amount not more than $1,200 per annum during any period of time that the leased property is not in production shall not be considered as gross income for the purpose of determining the net proceeds of mines tax. Rent in excess of $1,200 per annum shall be considered as gross income for the purpose of determining such tax.]
3. Every person, corporation or firm acquiring property in the State of Nevada for the purpose of engaging in mining and who incurs any of the expenses mentioned in subsection 2 shall report such expenses and the recipient of any royalty payments to the Nevada tax commission on forms provided by the commission.
4. The several deductions mentioned in subsection 2 shall not include any expenditures for salaries, or any portion thereof, of any person not actually engaged in:
(a) The working of the mine; or
(b) The operating of the mill, smelter or reduction works; or
(c) The operating of the transportation facilities or equipment; or
(d) Superintending the management of any thereof; or
(e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any such operations.
Sec. 3. NRS 362.130 is hereby amended to read as follows:
362.130 1. When the Nevada tax commission shall have determined the net proceeds of any mine or mines, it shall prepare its certificate of the amount of the net proceeds thereof in triplicate and shall file one copy thereof with the secretary of the Nevada tax commission, one copy with the county assessor of the county in which the mine or mines are located, and shall send the third copy to the person, corporation or association [,] which is the owner of the mine [.] , operator of the mine, or recipient of the royalty payment, as the case may be.
2. Upon the filing of the copy of such certificate with the county assessor and with the secretary of the Nevada tax commission, the assessment shall be deemed to be made in the amount fixed by the certificate of the Nevada tax commission, and taxes thereon at the rate established shall be immediately due and payable. Such certificate of assessment shall be filed by the Nevada tax commission with its secretary, and with the county assessor, and mailed to the [mine owner] taxpayer not later than the 15th day of April and the 15th day of October immediately following respectively the months of January and July during which such statements must be filed.
κ1973 Statutes of Nevada, Page 1296 (CHAPTER 690, AB 642)κ
be filed by the Nevada tax commission with its secretary, and with the county assessor, and mailed to the [mine owner] taxpayer not later than the 15th day of April and the 15th day of October immediately following respectively the months of January and July during which such statements must be filed.
Sec. 4. NRS 362.230 is hereby amended to read as follows:
362.230 1. Every person, association or corporation operating any mine or mines in this state, and every recipient of royalty payments in connection therewith, who fails to file with the Nevada tax commission the statements provided for in NRS 362.100 to 362.240, inclusive, during the time and in the manner provided for in NRS 362.100 to 362.240, inclusive, [shall be] is liable to a penalty of not less than $100 nor more than $5,000, and if any such person, association or corporation fails to file such statement, the Nevada tax commission may ascertain and certify the net proceeds of such mine or mines or the value of such royalty payments from all data and information obtainable.
2. The Nevada tax commission shall determine the amount of such penalty. This penalty becomes a debt due the State of Nevada and, upon collection, shall be deposited in the general fund in the state treasury.
________
Assembly Bill No. 643Mr. Getto (by request)
CHAPTER 691
AN ACT relating to school buses; distinguishing school activity buses from other school buses for purposes of maximum speed limits; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.410 is hereby amended to read as follows:
392.410 1. When operated for the transportation of pupils [,] to or from school, every school bus shall be equipped with a flashing red-light system of a type approved by the department of motor vehicles, and installed at the expense of the school district or operator. The driver shall operate this signal:
(a) When pupils are unloading from the bus.
(b) When the bus is stopped for the purpose of loading pupils.
(c) In times of emergency or accident.
2. In addition to the equipment required by subsection 1, each school bus shall be equipped and identified as required by the regulations of the state board of education.
3. The agents and employees of the department of motor vehicles shall inspect school buses to determine if the provisions of this section concerning equipment and identification of such school buses have been complied with, and shall report any violations discovered thereby to the superintendent of schools of the school district wherein such vehicles are operating.
κ1973 Statutes of Nevada, Page 1297 (CHAPTER 691, AB 643)κ
superintendent of schools of the school district wherein such vehicles are operating.
4. If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of such violation from the department of motor vehicles, he shall be guilty of a misdemeanor, and upon conviction thereof shall be removed from office.
5. Any person who violates any of the provisions or requirements of this section shall be guilty of a misdemeanor.
Sec. 2. NRS 484.365 is hereby amended to read as follows:
484.365 1. A bus identified as, and meeting the requirements for, a school bus shall not exceed a speed of 50 miles per hour when transporting pupils to and from school. [or a school activity.]
2. A bus identified as, and meeting the requirements for, a school activity bus shall not exceed the maximum speed established by rules and regulations adopted by the department of motor vehicles for such buses.
________
Assembly Bill No. 734Mr. Jacobsen
CHAPTER 692
AN ACT relating to outdoor assemblies; requiring city and county licensing authorities to regulate and license certain outdoor assemblies; providing certain procedures; providing for hearings; providing for revocation of licenses; providing penalties; and providing other matters properly relating thereto.
[Approved April 28, 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 the provisions set forth as sections 1.5 to 9, inclusive, of this act.
Sec. 1.5. The board of county commissioners of each county shall adopt an ordinance regulating and licensing outdoor assemblies. The minimum requirements set forth in sections 1.5 to 9, inclusive, of this act may be incorporated in such ordinance.
Sec. 2. As used in sections 1.5 to 9, inclusive, of this act, unless the context otherwise requires:
1. Assembly means a company of persons gathered together for any purpose at any location, other than in a permanent building or permanent installation, which has been constructed for and will accommodate the number of persons gathered therein.
2. Person means any individual, partnership, corporation, firm, company, association, society or group.
Sec. 3. Every person who permits, maintains, promotes, conducts, advertises, operates, undertakes, organizes, manages, sells or gives away tickets to an actual or reasonably anticipated assembly of 1,000 or more individuals shall obtain a license from the board of county commissioners of the county in which such assembly is proposed, in accordance with the provisions of sections 1.5 to 9, inclusive, of this act.
κ1973 Statutes of Nevada, Page 1298 (CHAPTER 692, AB 734)κ
of the county in which such assembly is proposed, in accordance with the provisions of sections 1.5 to 9, inclusive, of this act.
Sec. 4. Application for a license to conduct such an assembly shall be made in writing to the county clerk at least 60 days prior to the time indicated for the commencement of the planned activity and shall be accompanied by a nonrefundable application fee in the amount established by the board. The application shall include:
1. The name and address of the applicant or applicants.
2. The legal description of the place where the proposed assembly is to be held.
3. The date or dates of the assembly.
4. The estimated attendance at the assembly.
5. The nature or purpose of the assembly.
6. Such other information as the board determines is necessary.
Sec. 5. 1. Upon receipt of a complete application and the application fee, the clerk shall:
(a) Set the application for public hearing at a regular meeting of the board, not less than 15 days nor more than 30 days thereafter, and give not less than 10 days written notice thereof to the applicant.
(b) Promptly give notice of such hearing and copies of the application to the sheriff, the county health officer and the county engineer, who shall investigate the application and report in writing to the board not later than the hearing with appropriate recommendations related to their official functions, as to granting a license and conditions thereof.
2. Based upon the testimony of the witnesses and evidence presented at such hearing, including the reports of such officers, the board shall grant the license, deny the license or set conditions which must be met, or security given that such conditions will be met, before a license is granted. If conditions are imposed by the board, the applicant shall furnish or cause to be furnished to the clerk proof that all conditions have been met before the license is issued by the clerk.
3. When the clerk certifies that all conditions have been met, the sheriff shall, upon receipt of a license fee in an amount to be determined by the board, issue a license for the assembly.
Sec. 6. The conditions which may be imposed by the board, as provided in section 5 of this act, for the protection of the health, safety and property of local residents and persons attending such assemblies may include the following:
1. A minimum number of law enforcement officers employed at the licensees expense.
2. Adequate drinking water.
3. An adequate sewage system.
4. Adequate food supplies.
5. Adequate toilet facilities.
6. Adequate medical facilities, including doctors and supplies.
7. A minimum amount of parking space for vehicles.
8. Adequate camping facilities.
9. Indemnity or performance bonds.
10. Adequate fire protection at the licensees expense.
11. Financial statements.
κ1973 Statutes of Nevada, Page 1299 (CHAPTER 692, AB 734)κ
12. A communication system.
13. Other conditions determined by the board to be necessary to protect the health, welfare and property of local residents and persons attending the assembly.
Sec. 7. 1. After holding the hearing required under section 5 of this act, the board may deny issuance of the license if it finds any of the following:
(a) That the applicant fails to meet the conditions imposed pursuant to the provisions of sections 1.5 to 9, inclusive, of this act.
(b) That the proposed assembly will be held in a manner or location not meeting the health, zoning, fire or building and safety standards established by the ordinances of the county or the laws of the State of Nevada.
(c) That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for a license.
(d) That the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has previously conducted the type of assembly indicated in the application, which resulted in the creation of a public or private nuisance.
(e) That the applicant, his employee, agent or any person associated with the applicant as partner, director, officer, stockholder, associate or manager has been convicted in a court of competent jurisdiction, by final judgment of:
(1) An offense involving the presentation, exhibition or performance of an obscene production, motion picture or place, or of selling obscene matter;
(2) An offense involving lewd conduct;
(3) An offense involving the use of force and violence upon the person of another;
(4) An offense involving misconduct with children; or
(5) A felony.
2. Where the application is denied, the county clerk shall mail to the applicant written notice of denial within 14 days of such action, which notice shall include a statement of the reasons the application was denied.
Sec. 8. 1. The board may revoke any license or may reinstate any license on such suitable conditions as are determined by the board.
2. Notice of intent to revoke shall be given and the licensee is entitled to a hearing.
Sec. 9. It is unlawful for any licensee or employee, agent or associate of such licensee to:
1. Hold an actual or reasonably anticipated assembly of 1,000 or more individuals without first procuring a license to do so.
2. Sell tickets to such an assembly without a license first having been obtained.
3. Hold such an assembly in such a manner as to create a public or private nuisance.
4. Exhibit, show or conduct within the place of such an assembly any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, no matter by what name designated.
κ1973 Statutes of Nevada, Page 1300 (CHAPTER 692, AB 734)κ
5. Allow any person on the premises of the licensed assembly to cause or create a disturbance in, around or near any place of the assembly, by offensive or disorderly conduct.
6. Knowingly allow any person to consume, sell or be in possession of intoxicating liquor while in such assembly except where such consumption or possession is expressly authorized by the board and under the laws of the State of Nevada.
7. Knowingly allow any person at the licensed assembly to use, sell or be in possession of any controlled substance as defined in chapter 453 of NRS while in, around or near a place of the assembly.
Sec. 10. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 10.5 to 18, inclusive, of this act.
Sec. 10.5. The governing board of each city in the state shall adopt an ordinance regulating and licensing outdoor assemblies. The minimum requirements set forth in sections 10.5 to 18, inclusive, of this act may be incorporated in such ordinance.
Sec. 11. As used in sections 10.5 to 18, inclusive, of this act, unless the context otherwise requires:
1. Assembly means a company of persons gathered together for any purpose at any location, other than in a permanent building or permanent installation, which has been constructed for and will accommodate the number of persons gathered therein.
2. Person means any individual, partnership, corporation, firm, company, association, society or group.
Sec. 12. Every person who permits, maintains, promotes, conducts, advertises, operates, undertakes, organizes, manages, sells or gives away tickets to an actual or reasonably anticipated assembly of 1,000 or more individuals shall obtain a license from the city council of each incorporated city in which such assembly is proposed in accordance with the provisions of sections 10.5 to 18, inclusive, of this act.
Sec. 13. Application for a license to conduct such an assembly shall be made in writing to the city clerk at least 60 days prior to the time indicated for the commencement of the planned activity and shall be accompanied by a nonrefundable application fee in the amount established by the city council. The application shall include:
1. The name and address of the applicant or applicants.
2. The legal description of the place where the proposed assembly is to be held.
3. The date or dates of the assembly.
4. The estimated attendance at the assembly.
5. The nature or purpose of the assembly.
6. Such other information as the city council determines is necessary.
Sec. 14. 1. Upon receipt of a complete application and the application fee, the clerk shall:
(a) Set the application for public hearing at a regular meeting of the city council, not less than 15 days nor more than 30 days thereafter, and give not less than 10 days written notice thereof to the applicant.
(b) Promptly give notice of such hearing and copies of the application to the chief of police, the county health officer and the city engineer, who shall investigate the application and report in writing to the city council, not later than the hearing with appropriate recommendations related to their official functions, as to granting a license and conditions thereof.
κ1973 Statutes of Nevada, Page 1301 (CHAPTER 692, AB 734)κ
not later than the hearing with appropriate recommendations related to their official functions, as to granting a license and conditions thereof.
2. Based upon the testimony of the witnesses and evidence presented at such hearing, including the reports of such officers, the city council shall grant the license, deny the license or set conditions which must be met, or security given that such conditions will be met, before a license is granted. If conditions are imposed by the city council, the applicant shall furnish or cause to be furnished to the clerk proof that all conditions have been met before the license is issued by the clerk.
3. When the clerk certifies that all conditions have been met, the chief of police shall, upon receipt of a license fee in an amount to be determined by the city council, issue a license for the assembly.
Sec. 15. The conditions which may be imposed by the city council, as provided in section 14 of this act, for the protection of the health, safety and property of local residents and persons attending such assemblies may include the following:
1. A minimum number of law enforcement officers employed at the licensees expense.
2. Adequate drinking water.
3. An adequate sewage system.
4. Adequate food supplies.
5. Adequate toilet facilities.
6. Adequate medical facilities, including doctors and supplies.
7. A minimum amount of parking space for vehicles.
8. Adequate camping facilities.
9. Indemnity or performance bonds.
10. Adequate fire protection at the licensees expense.
11. Financial statements.
12. A communication system.
13. Other conditions determined by the city council to be necessary to protect the health, welfare and property of local residents and persons attending the assembly.
Sec. 16. 1. After holding the hearing required under section 14 of this act, the city council may deny issuance of the license if it finds any of the following:
(a) That the applicant fails to meet the conditions imposed pursuant to the provisions of sections 10.5 to 18, inclusive, of this act.
(b) That the proposed assembly will be held in a manner or location not meeting the health, zoning, fire or building and safety standards established by the ordinances of the city or the laws of the State of Nevada.
(c) That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for a license.
(d) That the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has previously conducted the type of assembly indicated in the application which resulted in the creation of a public or private nuisance.
(e) That the applicant, his employee, agent or any person associated with the applicant as partner, director, officer, stockholder, associate or manager has been convicted in a court of competent jurisdiction, by final judgment of:
κ1973 Statutes of Nevada, Page 1302 (CHAPTER 692, AB 734)κ
manager has been convicted in a court of competent jurisdiction, by final judgment of:
(1) An offense involving the presentation, exhibition or performance of an obscene production, motion picture or place, or of selling obscene matter;
(2) An offense involving lewd conduct;
(3) An offense involving the use of force and violence upon the person of another;
(4) An offense involving misconduct with children; or
(5) A felony.
2. Where the application is denied, the city clerk shall mail to the applicant written notice of denial within 14 days of such action, which notice shall include a statement of the reasons the application was denied.
Sec. 17. 1. The city council may revoke any license or may reinstate any license on such suitable conditions as are determined by the city council.
2. Notice of intent to revoke shall be given and the licensee is entitled to a hearing.
Sec. 18. It is unlawful for any licensee or employee, agent or associate of such licensee to:
1. Hold an actual or reasonably anticipated assembly of 1,000 or more individuals without first procuring a license to do so.
2. Sell tickets to such an assembly without a license first having been obtained.
3. Hold such an assembly in such a manner as to create a public or private nuisance.
4. Exhibit, show or conduct within the place of such an assembly any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, no matter by what name designated.
5. Allow any person on the premises of the licensed assembly to cause or create a disturbance in, around or near any place of the assembly, by offensive or disorderly conduct.
6. Knowingly allow any person to consume, sell or be in possession of intoxicating liquor while in a place of such an assembly except where such consumption or possession is expressly authorized by the city council and under the laws of the State of Nevada.
7. Knowingly allow any person at the licensed assembly to use, sell or be in possession of any controlled substance as defined in chapter 453 of NRS while in, around or near a place of the assembly.
________
κ1973 Statutes of Nevada, Page 1303κ
Assembly Bill No. 743Messrs. Torvinen and Fry
CHAPTER 693
AN ACT relating to contribution among tortfeasors, adopting the Uniform Contribution Among Tortfeasors Act; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 17 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. This act may be cited as the Uniform Contribution Among Tortfeasors Act.
Sec. 3. 1. Except as otherwise provided in sections 2 to 13, inclusive, of this act, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even through judgment has not been recovered against all or any of them.
2. The right of contribution exists only in favor of a tortfeasor who has paid more than his pro rata share of the common liability, and his total recovery is limited to the amount paid by him in excess of his pro rata share. No tortfeasor is compelled to make contribution beyond his own pro rata share of the entire liability.
3. A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
Sec. 4. The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
Sec. 5. When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
1. It does not discharge any of the tortfeasors from liability for the injury or wrongful death unless its terms so provide; but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and,
2. It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
Sec. 6. There is no right of contribution in favor of any tortfeasor who has intentionally caused or contributed to the injury or wrongful death.
Sec. 7. Sections 2 to 13, inclusive, of this act do not impair any right or indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.
κ1973 Statutes of Nevada, Page 1304 (CHAPTER 693, AB 743)κ
Sec. 8. A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasors right of contribution to the extent of the amount it has paid in excess of the tortfeasors pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.
Sec. 9. 1. Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.
2. Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.
3. If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by him to enforce contribution must be commenced within 1 year after the judgment has become final by lapse of time for appeal or after appellate review.
4. If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, his right of contribution is barred unless he has:
(a) Discharged by payment the common liability within the statute of limitations period applicable to claimants right of action against him and has commenced his action for contribution within 1 year after payment; or
(b) Agreed while action is pending against him to discharge the common liability and has within 1 year after the agreement paid the liability and commenced his action for contribution.
5. The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.
Sec. 10. In determining the pro rata shares of tortfeasors in the entire liability:
1. Their relative degrees of fault shall not be considered;
2. If equity requires, the collective liability of some as a group shall constitute a single share; and
3. Principles of equity applicable to contribution generally shall apply.
Sec. 11. Sections 2 to 13, inclusive, of this act do not apply to breaches of trust or of other fiduciary obligation.
Sec. 12. If any provision of sections 2 to 13, inclusive, of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of sections 2 to 13, inclusive, of the act which can be given effect without the invalid provision or application and to this end the provisions of sections 2 to 13, inclusive, of this act are severable.
Sec. 13. Sections 2 to 13, inclusive, of this act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
κ1973 Statutes of Nevada, Page 1305 (CHAPTER 693, AB 743)κ
Sec. 14. NRS 17.210, 17.220, 17.230, 17.240, 17.250, 17.260, 17.270, 17.280, 17.290 and 17.300 are hereby repealed.
________
Assembly Bill No. 851Committee on Environment and Public Resources
CHAPTER 694
AN ACT relating to public records; eliminating the requirement that the disposal of certain hunting and fishing records follow a fixed procedure.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 239.100 is hereby amended to read as follows:
239.100 1. The records enumerated in subsection 2 which belong to or are situated in:
(a) Any school district within the state; or
(b) The office of the several county officers,
may be lawfully destroyed in the manner and in accordance with the time schedules provided in this section.
2. The following may be destroyed after audit by a public accountant as provided in NRS 354.624, and after the expiration of the time indicated:
(a) After 5 years. Sheriffs requisition of licenses and duplicates; duplicate and triplicate bank checks; all old claims against the county except those not affected by limitation; all old warrants superseded by checks. [; all old fishing and hunting license books.]
(b) After 10 years. All county, city and school bonds which have been redeemed and retired.
3. Before destroying the records enumerated in subsection 2, the county auditor shall first obtain the permission of the board of county commissioners and the Nevada tax commission.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 889Committee on Commerce
CHAPTER 695
AN ACT regulating certain enterprises which handle trust funds; requiring licenses for escrow agents; providing penalties; and providing other matters properly relating thereto.
[Approved April 28, 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 25, inclusive, of this act.
κ1973 Statutes of Nevada, Page 1306 (CHAPTER 695, AB 889)κ
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Administrator means the real estate administrator.
2. Division means the real estate division of the department of commerce.
3. Escrow means any transaction wherein one person, for the purpose of effecting the sale, transfer, encumbering or leasing of real or personal property to another person, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person until the happening of a specified event or the performance of a prescribed condition, when it is then to be delivered by such third person to a grantee, grantor, promisee, promisor, oblige, obligor, bailee, bailor or any agent or employee of any of the latter.
4. Escrow agent means any person engaged in the business of administering escrows for compensation.
5. Person includes an individual, partnership, firm, association or corporation.
Sec. 3. It is unlawful for any person, unless exempted under section 19 of this act, to engage in or carry on, or hold himself out as engaging in or carrying on, the escrow business or act in the capacity of an escrow agent without first obtaining a license as an escrow agent.
Sec. 4. 1. A license as an escrow agent may be obtained by filing a written application in the office of the administrator.
2. The application shall:
(a) Be verified.
(b) State the location of the applicants principal office and branch offices in the state.
(c) State the same under which the applicant will conduct business.
(d) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees and directors, specifying the capacity and title of each.
(e) Indicate the general plan and character of the business.
(f) State the length of time the applicant has been engaged in the escrow business.
(g) Require a financial statement of the applicant.
(h) Require such other information as the administrator determines necessary.
3. If the administrator determines, after investigation, that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the business conducted will protect and safeguard the public, he shall issue a license to the applicant as an escrow agent.
Sec. 5. 1. At the time of filing an application for an escrow agents license, the applicant shall deposit with the administrator a corporate surety bond payable to the State of Nevada, in an amount of $20,000, and executed by a corporate surety satisfactory to the administrator.
2. The bond shall be in substantially the following form:
Know All Men by These Presents, that ................................, as principal, and .........................., as surety, are held and firmly bound unto the State of Nevada for the use and benefit of any injured person, in the sum of ..................,
κ1973 Statutes of Nevada, Page 1307 (CHAPTER 695, AB 889)κ
in the sum of .................., lawful money of the United States of America, to be paid to the State of Nevada for the use and benefit aforesaid, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
The condition of the above obligation is such that: Whereas, the principal has made application to the real estate administrator of the department of commerce of the State of Nevada for a license as an escrow agent and is required to furnish a bond in the sum above named, conditioned as herein set forth:
Now, therefore, if the principal, his agents and employees, strictly, honestly and faithfully comply with the provisions of sections 3 to 25, inclusive, of this act and pay all damages suffered by any person by reason of the violation of any of the provisions of sections 3 to 25, inclusive, of this act, or by reason of any fraud, dishonesty, misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of sections 3 to 25, inclusive, of this act, then this obligation shall be void; otherwise to remain in full force and effect.
This bond shall become effective on the ............. day of ...................., 19......, and shall remain in force until the surety is released from liability by the administrator or until this bond is canceled by the surety. The surety may cancel this bond and be relieved of further liability hereunder by giving 30 days written notice to the principal and to the real estate administrator of the department of commerce of the State of Nevada.
In Witness Whereof, the seal and signature of the principal hereto is affixed, and the corporate seal and the name of the surety hereto is affixed and attested by its duly authorized officers at ............................., Nevada, this ................. day of ........................., 19...........
............................................. (Seal)
Principal
............................................. (Seal)
Surety
By..........................................
Attorney in fact
...............................................
Licensed resident agent
Sec. 6. (Deleted by amendment.)
Sec. 7. 1. The escrow agents license shall expire June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing a renewal application and paying the annual license fee for the succeeding fiscal year.
2. The filing fees shall be:
(a) For filing an original or renewal application, $100 for the principal office and $35 for each branch office.
(b) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
3. All fees received under this chapter shall be deposited in the state treasury to the credit of the general fund.
Sec. 8. All escrow agents shall keep and maintain at all times in their principal places of business complete and suitable records of all escrow transactions made by them, together with books, papers and data clearly reflecting the financial condition of the business of such agents.
κ1973 Statutes of Nevada, Page 1308 (CHAPTER 695, AB 889)κ
escrow transactions made by them, together with books, papers and data clearly reflecting the financial condition of the business of such agents. Every escrow agent shall, at the times required by the administrator, make and file in the office of the administrator a true and correct statement, in the form and containing the data the administrator may require, of the business of the agent.
Sec. 9. 1. Subject to the administrative control of the director of the department of commerce, the administrator shall exercise general supervision and control over escrow agents doing business in the State of Nevada.
2. In addition to the other duties imposed upon him by law, the administrator shall:
(a) Make reasonable rules and regulations as may be necessary for making this chapter effective, but those sections do not empower the administrator by any rule or regulation, or by an administrative act, to differentiate between persons entitled to act as escrow agents in the State of Nevada on the basis that such persons are engaged in other businesses to which their escrow business is incidental or supplemental.
(b) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter.
(c) Conduct such examinations, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the escrow laws of this state.
(d) Classify as confidential certain records and information obtained by the division when such matters are obtained from a governmental agency upon the express condition that they shall remain confidential. This paragraph does not limit examination by the fiscal analyst.
Sec. 10. 1. In the conduct of any examination, investigation or hearing, the administrator may:
(a) Compel the attendance of any person by subpena.
(b) Administer oaths.
(c) Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this chapter, and in connection therewith require the production of any books, records or papers relevant to the inquiry.
2. Every person subpenaed under the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpena or to produce books, records or papers required by the administrator, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor.
Sec. 11. 1. The administrator may refuse to license any escrow agent or may suspend any license, by entering an order to that effect, with his findings in respect thereto, if upon examination into the affairs of the applicant or licensee, either in the performance of routine duties, upon field examination or upon hearing, it is determined that the applicant or licensee:
(a) Is insolvent;
(b) Is of bad business repute or has demonstrated his unworthiness to transact the business of agent;
κ1973 Statutes of Nevada, Page 1309 (CHAPTER 695, AB 889)κ
(c) Does not conduct his business in accordance with law or has violated any provisions of this chapter;
(d) Is in such financial condition that he cannot continue in business with safety to his customers;
(e) Has been guilty of fraud in connection with any transaction governed by this chapter;
(f) Has made any misrepresentations or false statement to, or concealed any essential or material fact from, any person in the course of the escrow business;
(g) Has knowingly made or caused to be made to the administrator any false representation of material fact or has suppressed or withheld from the administrator any information which the applicant or licensee possesses, and which if submitted by him would have rendered the applicant or licensee ineligible to be licensed under this chapter;
(h) Has failed to account to persons interested for all escrows received;
(i) Has not delivered, after a reasonable time, to persons entitled thereto, escrows held or agreed to be delivered by the licensee as and when paid for and due to be delivered;
(j) Has refused to permit an examination by the administrator of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the administrator under the provisions of this chapter; or
(k) Has been convicted of a felony or any misdemeanor of which an essential element is fraud.
2. It is sufficient cause for refusal or revocation of a license in the case of a partnership or corporation or any unincorporated association if any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of an individual agent.
Sec. 12. 1. Notice of the entry of any order of suspension or of refusing a license to any escrow agent shall be given in writing, served personally or sent by certified mail or by telegraph to the agent affected.
2. The agent, upon application, is entitled to a hearing; but if no such application is made within 20 days after the entry of an order of suspension or of refusing a license of any agent, the administrator shall enter a final order in either case.
Sec. 13. 1. The administrator may investigate either upon complaint or otherwise when it appears that an escrow agent is conducting his business in an unsafe and injurious manner or in violation of this chapter or when it appears that any person is engaging in the escrow business without being licensed under the provisions of this chapter.
2. If upon investigation it appears that such agent is so conducting his business or an unlicensed person is engaged in the escrow business, the administrator may:
(a) Advise the district attorney of the county in which the business is conducted, and the district attorney shall cause the appropriate legal action to be taken to enjoin the operation of the business or prosecute the violations of this chapter.
(b) Bring suit in the name and on behalf of the State of Nevada against such person and any other person concerned in or in any way participating in or about to participate in such unsafe or injurious practices or action in violation of this chapter or regulations thereunder to enjoin any such person from continuing such practices or engaging therein or doing any such act.
κ1973 Statutes of Nevada, Page 1310 (CHAPTER 695, AB 889)κ
against such person and any other person concerned in or in any way participating in or about to participate in such unsafe or injurious practices or action in violation of this chapter or regulations thereunder to enjoin any such person from continuing such practices or engaging therein or doing any such act.
3. If the administrator brings suit, the district court of any county of this state is hereby vested with the jurisdiction in equity to restrain unsafe, injurious or illegal practices or transactions and may grant injunctions to prevent and restrain such practices or transactions. The court may, during the pendency of the proceedings before it, issue such temporary restraining orders as may appear to be just and proper; and the findings of the administrator shall be deemed to be prima facie evidence and sufficient ground, in the discretion of the court, for the issue ex parte of a temporary restraining order. In any such court proceedings the administrator may apply for and on due showing is entitled to have issued the courts subpena requiring forthwith the appearance of any defendant and his employees and the production of documents, books and records as may appear necessary for the hearing of such petition, to testify and give evidence concerning the acts or conduct or things complained of in such application for injunction.
Sec. 14. 1. An appeal may be taken by any person interested from any final decision of the administrator to the district court in the county in which the party adversely affected by the decision resides or has his place of business by serving upon the administrator within 10 days after notice of the entry of the order a written notice of the appeal, stating the grounds upon which a reversal of the final order is sought and accompanied by a demand in writing for a certified transcript of the record and of all papers on file in the office of the division affecting or relating to the decision, and all the evidence taken on the hearing, and paying not more than 25 cents for each folio of the transcript and $1 for the certification thereof. Thereupon the real estate division shall within 30 days make and certify such transcript.
2. The appellant shall, within 5 days after receiving the transcript, file the transcript and the notice of appeal with the clerk of the court, which notice of appeal shall stand as appellants complaint. Thereupon the cause shall be entered on the trial calendar of the court for trial de novo and shall be given precedence by the court over other matters pending except criminal cases.
3. The court shall receive and consider any pertinent evidence, oral or documentary, concerning the order of the administrator from which the appeal is taken.
4. An appeal from an order of the administrator shall be treated as a proceeding in equity.
5. Any order of the administrator which finally limits or adversely determines the rights of any interested person is a final order as to such person.
Sec. 15. 1. If the order of the administrator is reversed, the court shall by its mandate specifically direct the administrator as to his further action in the matter including the making and entering of any order in connection therewith and the conditions, limitations and restrictions to be therein contained; but the administrator is not thereby barred from thereafter revoking or altering the order for any proper cause which may thereafter accrue or be discovered.
κ1973 Statutes of Nevada, Page 1311 (CHAPTER 695, AB 889)κ
therein contained; but the administrator is not thereby barred from thereafter revoking or altering the order for any proper cause which may thereafter accrue or be discovered.
2. If the order is affirmed, the applicant is not barred after 30 days from filing a new application if the application is not otherwise barred or limited.
3. The appeal shall not suspend the operation of the order appealed from during the pendency of the appeal except upon proper order of the court.
4. An appeal may be taken from the judgment of the district court on the same terms and conditions as an appeal is taken in civil actions.
Sec. 16. 1. When the administrator ascertains by examination or otherwise that the assets or capital of any agent are impaired or that an escrow agents affairs are in an unsafe condition, he may immediately take possession of all the property, business and assets of the agent which are located in this state and retain possession of them pending further proceedings provided for in this chapter.
2. If the board of directors or any officer or person in charge of the offices of such agent refuses to permit the administrator to take possession of its property, the administrator shall communicate such fact to the attorney general. Thereupon the attorney general shall immediately institute such proceedings as may be necessary to place the administrator in immediate possession of the property of the agent. The administrator thereupon shall make or have made an inventory of the assets and known liabilities of the agent.
3. The administrator shall file one copy of the inventory in his office and one copy in the office of the clerk of the district court of the county in which the principal office of the agent is located and shall mail one copy to each stockholder, partner, officer or associate of the escrow agent at his last-known address.
4. The clerk of the court with which the copy of the inventory is filed shall file it as any other case or proceeding pending in the court and shall give it a docket number.
Sec. 17. 1. The officers, directors, partners, associates or stockholders of the escrow agent may, within 60 days from the date when the commissioner takes possession of the property, business and assets, make good any deficit which may exist or remedy the unsafe condition of its affairs.
2. At the expiration of such time, if the deficiency in assets or capital has not been made good or the unsafe condition remedied, the administrator may apply to the court to be appointed receiver and proceed to liquidate the assets of the agent which are located in this state in the same manner as now provided by law for liquidation of a private corporation in receivership.
3. No other person may be appointed receiver by any court without first giving the administrator ample notice of his application.
4. The inventory made by the administrator and all claims filed by creditors are open at all reasonable times for inspection and any action taken by the receiver upon any of the claims is subject to the approval of the court before which the cause is pending.
κ1973 Statutes of Nevada, Page 1312 (CHAPTER 695, AB 889)κ
5. The expenses of the receiver and compensation of counsel, as well as all expenditures required in the liquidation proceedings, shall be fixed by the administrator subject to the approval of the court, and, upon certification of the administrator, shall be paid out of the funds in his hands as such receiver.
Sec. 18. It is unlawful for any foreign corporation to transact any escrow business in this state unless:
1. A valid certificate of authority pursuant to chapter 80 of NRS is obtained; and
2. The corporation complies with the provisions of this chapter unless exempted by section 19 of this act.
Sec. 19. The provisions of this chapter do not apply to:
1. Any person doing business under the laws of this state or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, common and consumer finance companies, industrial loan companies, insurance companies, underwritten title companies or escrow companies domiciled within the premises of a title insurance company or an underwritten title company, or any person licensed by the administrator while performing acts in the course of or incidental to his real estate business.
2. An attorney at law rendering services in the performance of his duties as attorney at law, except an attorney actively engaged in conducting an escrow agency.
3. Any firm or corporation which lends money on real or personal property and is subject to licensing, supervision or auditing by a federal or state agency.
4. Any person doing any act under order of any court.
Sec. 20. All money deposited in escrow to be delivered upon the close of the escrow or upon any other contingency shall be deposited in a bank and kept separate, distinct and apart from funds belonging to the escrow agent. Such funds, when deposited, are to be designated as trust funds, escrow accounts or under some other appropriate name indicating that the funds are not the funds of the escrow agent.
Sec. 21. 1. Escrow or trust funds are not subject to execution or attachment on any claim against the escrow agent.
2. It is unlawful for any escrow agent knowingly to keep or cause to be kept any funds or money in the bank under the heading of trust funds or escrow accounts or any other name designating such funds or money as belonging to the clients of any escrow agent, except actual escrow funds deposited with such agency.
Sec. 22. The provisions of this chapter do not limit any statutory or common law right of any person to bring an action in any court for any act involved in the transaction of the escrow business or the right of the state to punish any person for any violation of any law.
Sec. 23. Except as otherwise provided by law, all papers, documents, reports and other written instruments filed with the administrator under this chapter are open to public inspection, except that the administrator may withhold from public inspection for such time as he considers necessary any information which in his judgment the public welfare or the welfare of any escrow agent requires to be so withheld.
κ1973 Statutes of Nevada, Page 1313 (CHAPTER 695, AB 889)κ
Sec. 24. Any money or property in the possession of an escrow agent which has been unclaimed for 4 years shall be paid into the general fund in the state treasury.
Sec. 25. Any person, or any director, officer, agent or employee of any such person, who violates any of the provisions of this chapter is guilty of a misdemeanor.
________
Assembly Bill No. 898Messrs. Barengo, Bremner and Wittenberg
CHAPTER 696
AN ACT relating to statutory liens; removing the provisions permitting seizure by a lienor of certain property subject to lien when such property is removed from the control of such lienor.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.280 is hereby amended to read as follows:
108.280 [1.] Any person or persons, company or corporation acquiring a lien under the provisions of NRS 108.270 shall not lose such lien by reason of allowing the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, or part or parts of the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, to be removed from control of the person or persons, company or corporation having such lien.
[2. In case a motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, or part or parts thereof, are so removed, the person or persons, company or corporation having such lien may, without further process of law, seize the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, or part or parts thereof, wherever the same is or are found within the State of Nevada.]
________
κ1973 Statutes of Nevada, Page 1314κ
Assembly Bill No. 903Messrs. Bremner, Demers, Smalley and Vergiels
CHAPTER 697
AN ACT relating to wildlife preservation and management; authorizing the Nevada department of fish and game to issue sportsmen certificates to persons supporting the natural resources interests of the state; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 502 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In order to promote the preservation and management of wildlife within the state, the department may issue sportsmen certificates indicating that the holders thereof are supporting the natural resources interests of the state.
2. The form of such certificates shall be determined by the department and the inscription thereon shall indicate that no hunting, fishing or trapping privilege is thereby conferred.
3. Such certificates shall be sold for an annual fee of $5 by the department and by persons authorized by the department to sell licenses and stamps. Compensation for such sales shall be determined by the commission and shall, in no event, exceed the amount provided for the sale of licenses and stamps.
4. The amount collected from the sale of such certificates shall be deposited or forwarded to the department and deposited in the fish and game fund, to be expended for the acquisition of lands, water rights, easements, other property rights and capital improvements for the benefit of wildlife preservation and management.
________
Assembly Bill No. 929Mr. Hayes
CHAPTER 698
AN ACT relating to shorthand reporting; creating a new chapter establishing the certified shorthand reporters board of Nevada; establishing the qualifications of certified shorthand reporters; providing causes for the revocation or suspension of licenses of certified shorthand reporters; providing penalties; and providing other matters properly relating thereto.
[Approved April 28, 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 36, inclusive, of this act.
Sec. 2. This chapter shall be known and may be cited as the Nevada Certified Shorthand Reporters Law.
κ1973 Statutes of Nevada, Page 1315 (CHAPTER 698, AB 929)κ
Sec. 3. As used in this chapter:
1. Board means the certified shorthand reporters board of Nevada.
2. Certificate means a certified shorthand reporters certificate issued under the provisions of this chapter.
3. Practice of shorthand reporting means reporting by the use of any system of manual or mechanical shorthand writing:
(a) Grand jury proceedings;
(b) Court proceedings;
(c) Pretrial examinations, depositions, motions and related proceedings of like character; or
(d) Proceedings of an administrative agency when the final decision of the agency with reference thereto is subject to judicial review.
4. Shorthand reporter means a person who is technically qualified and registered under this chapter to practice shorthand reporting.
5. Stenographic notes mean the original manually or mechanically produced notes in shorthand or shorthand writing taken by a shorthand reporter while in attendance at a proceeding for the purpose of reporting such proceeding.
Sec. 4. 1. It is hereby declared to be the policy of the legislature to:
(a) Encourage proficiency in the practice of shorthand reporting as a profession;
(b) Promote efficiency in court and general reporting; and
(c) Extend to the courts and public the protection afforded by a standardized profession by establishing a standard of competency for those engaged in it.
2. The practice of shorthand reporting in the State of Nevada is declared to affect the public health, safety and welfare and is subject to regulation and control in the public interest.
Sec. 5. The certified shorthand reporters board of Nevada, consisting of three members, is hereby created.
Sec. 6. The members of the board shall be appointed by the governor as follows:
1. One member of the board shall be an active member of the State Bar of Nevada.
2. Two members of the board, except members of the first board appointed, shall be holders of certificates and shall have been actively engaged as shorthand reporters within this state for at least 5 years immediately preceding their appointment.
Sec. 7. 1. One member of the first board appointed shall serve for a term of 1 year, one shall serve for a term of 2 years and one shall serve for a term of 3 years. Upon the expiration of the terms of the first members, all members of the board shall serve for terms of 3 years.
2. No person may serve as a member of the board for more than three consecutive terms.
3. Vacancies on the board shall be filled by appointment by the governor for the unexpired term.
Sec. 8. 1. Each member of the board is entitled to receive $50 per day for the time actually spent in the performance of his duties under this chapter, and the per diem allowance and travel expenses provided by law for state officers and employees.
2. The expenses of the members of the board and the expenses of the board shall be paid from the fees collected under the provisions of this chapter and such expenses shall not exceed the amount so collected.
κ1973 Statutes of Nevada, Page 1316 (CHAPTER 698, AB 929)κ
board shall be paid from the fees collected under the provisions of this chapter and such expenses shall not exceed the amount so collected.
Sec. 9. 1. Annually the board shall designate a chairman and a vice chairman from its membership.
2. The board shall hold such meetings as may be necessary for the purpose of transacting its business.
3. All members of the board shall be present for the transaction of business.
Sec. 10. All meetings of the board shall be open and public, except that the board may hold executive sessions to:
1. Deliberate on the decision to be reached upon any contested hearing.
2. Prepare, administer or grade examinations.
Sec. 11. 1. The board shall keep a full and accurate record of its official actions and all proceedings, and of all resolutions, regulations and orders issued or adopted.
2. Except as otherwise provided by law, the records of the board shall be open to inspection by the public.
3. The board shall, on or before December 1 of each year, submit to the governor a full and true report of its transactions during the preceding year. The report shall include a complete statement of the receipts and expenditures of the board during the period.
Sec. 12. 1. The board is charged with the administration of this chapter.
2. The board may appoint such committees as it considers necessary or proper, and may employ, prescribe the duties and fix the salary of an executive secretary who may be employed on a part-time basis, and may also employ such other persons as may be necessary.
3. All expenditures described in this section shall be paid from fees collected under this chapter.
Sec. 13. The board may aid in all matters pertaining to the advancement of the practice of shorthand reporting, including but not limited to all matters that may advance the professional interests of certified shorthand reporters and such matters as concern their relations with the public.
Sec. 14. The board shall:
1. Adopt a seal which shall be affixed to all certificates issued by the board.
2. Charge and collect from all applicants for certificates the fees provided for in this chapter.
3. Charge and collect from all persons renewing certificates the renewal fees provided for in this chapter.
Sec. 15. 1. The board may by a majority vote suspend or revoke a certificate for any cause specified in this chapter.
2. The board may:
(a) Take testimony and proofs concerning all matters within the jurisdiction of the board.
(b) Administer oaths.
(c) Issue subpenas for attendance of witnesses and the production of relevant books and papers.
Sec. 16. 1. Except as provided in subsection 2, it is unlawful for any person to practice shorthand reporting or advertise or put out any sign or card or other device which might indicate to the public that he is entitled to practice as a shorthand reporter without a certificate of registration as a certified shorthand reporter issued by the board.
κ1973 Statutes of Nevada, Page 1317 (CHAPTER 698, AB 929)κ
card or other device which might indicate to the public that he is entitled to practice as a shorthand reporter without a certificate of registration as a certified shorthand reporter issued by the board.
2. Any person may practice shorthand reporting on a temporary basis with reference to any single proceeding when there is an acknowledged unavailability of a certified shorthand reporter.
Sec. 17. Every person to whom a valid existing certificate of registration as a certified shorthand reporter has been issued under this chapter shall be designated as a certified shorthand reporter and not otherwise, and any such registered certified shorthand reporter may, in connection with his practice of shorthand reporting, use the abbreviation C.S.R. No person other than the holder of a valid existing certificate of registration under this chapter may use the title or designation of certified shorthand reporter, or C.S.R., either directly or indirectly, in connection with his profession or business.
Sec. 18. The board shall, in lieu of all other requirements, grant a certificate to any person who has been actively engaged as an official reporter in a district court or courts of this state or has held himself out to the public of this state to be a shorthand reporter and has actively engaged in the practice of shorthand reporting for a period of 6 months before July 1, 1973, and such certificate shall be issued by the board upon payment of the fees prescribed in this chapter. The board may require such applicant to submit satisfactory proof that he was so engaged.
Sec. 19. An applicant for a certificate of registration as a certified shorthand reporter is entitled to such certificate if he:
1. Is a citizen of the United States;
2. Is at least 21 years of age;
3. Is of good moral character;
4. Has a high school education or its equivalent;
5. Is a bona fide resident of this state;
6. Satisfactorily passes an examination administered by the board; and
7. Pays the requisite fees.
Sec. 20. 1. Every person who makes application for an original certificate shall personally appear before the board for a written examination and the answering of such questions as may be prepared by the board to enable it to determine the trustworthiness of the applicant, and his competency to engage in the practice of shorthand reporting in such manner as to safeguard the interests of the public.
2. In determining competency, the board shall require proof that the applicant has a good understanding of the English language including reading, spelling and vocabulary, and that the applicant has sufficient ability to report accurately any of the matters comprising the practice of shorthand reporting consisting of material read at not less than 180 words per minute or more than 225 words per minute and a clear understanding of the obligations of a shorthand reporter to the parties to proceedings reported and the obligations created by the provisions of this chapter.
Sec. 21. 1. Examinations shall be held no less than once a year at such times and places as the board may designate.
2. No person may be admitted to the examination unless he first presents satisfactory evidence to the board that he has:
κ1973 Statutes of Nevada, Page 1318 (CHAPTER 698, AB 929)κ
(a) Made a verbatim shorthand report of such portion of the oral proceedings of a court of record of this state as may be prescribed by the board, not to exceed 20 hours, and that such report was taken under the supervision of a certified shorthand reporter designated by the board.
(b) Transcribed satisfactorily such portion as shall be designated by the board of his notes of such report.
Sec. 22. 1. Each applicant for a certificate shall file an application with the executive secretary or chairman of the board at least 30 days before the date fixed for examination. Such application shall be accompanied by the required fee.
2. No certificate may be issued, except as provided in section 18 of this act, until the applicant has passed the examination prescribed by the board and paid the fee as provided in section 24 of this act.
Sec. 23. The failure, neglect or refusal of any shorthand reporter to pay in advance the annual renewal fee which may be fixed by the board as necessary to defray the expense of administering the provisions of this chapter shall result in the suspension of the reporters right to engage in the practice of shorthand reporting. Such suspension shall not be terminated until all delinquent fees have been paid.
Sec. 24. The amount of the fees required by this chapter is that fixed by the following schedule:
1. The fee for filing an application for an examination is $35.
2. The fee for the original issuance of a certificate shall be fixed by the board annually at not more than $50 and not less than $5.
3. For a certificate issued after July 1, 1973, the fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that, if the certificate will expire less than 1 year after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued. The board may by appropriate regulation provide for the waiver or refund of the initial certificate fee where the certificate is issued less than 45 days before the date on which it will expire.
4. The annual renewal fee shall be fixed by the board annually at not more than $50 and not less than $5. Every holder of a certificate desiring renewal shall pay the annual renewal fee to the board on or before May 15 of each year.
5. For renewal of a certificate which was suspended for failure to renew, the fee is an amount equal to all unpaid renewal fees accrued plus a reinstatement fee of $25.
6. The fee for issuance of a certificate of registration without examination under section 18 of this act is $50.
Sec. 25. 1. All fees and other revenues received by the board shall be deposited in the state treasury in the shorthand reporters fund, which is hereby created.
2. Claims against such fund shall be made by the board and paid as other claims against the state are paid.
Sec. 26. A shorthand reporter whose certificate of registration has expired:
κ1973 Statutes of Nevada, Page 1319 (CHAPTER 698, AB 929)κ
1. May within 3 years thereafter have his certificate reinstated without examination upon payment of the fees pursuant to subsection 5 of section 24 of this act.
2. While he was on active military duty or in training prior to induction, may have his certificate renewed without payment of any fee if he files an application for renewal and an affidavit of such service with the board within 2 years after the termination of such service.
Sec. 27. The board may refuse to issue or to renew or may suspend or revoke any certificate for any one or a combination of the following causes:
1. Where the applicant or shorthand reporter has by false representation obtained or sought to obtain a certificate for himself or any other person.
2. Where the applicant or shorthand reporter has been found in contempt of court, arising out of such persons conduct in performing or attempting to perform any act as a shorthand reporter.
Sec. 28. The board may refuse to issue or to renew or may suspend or revoke any certificate where the shorthand reporter in performing or attempting to perform or pretending to perform any act as a shorthand reporter has:
1. Willfully failed to take full and accurate stenographic notes of any proceedings;
2. Willfully altered any stenographic notes taken at any proceedings;
3. Willfully failed accurately to transcribe verbatim any stenographic notes taken at any proceedings;
4. Willfully altered a transcript of stenographic notes taken at any proceedings;
5. Affixed his signature to any transcript of his stenographic notes or certified to the correctness of such transcript unless such transcript was prepared by him or was prepared under his immediate supervision;
6. Demonstrated unworthiness or incompetency to act as a shorthand reporter in such manner as to safeguard the interests of the public;
7. Professionally associated with or loaned his name to another for the illegal practice by another of shorthand reporting, or professionally associated with any person, firm, copartnership or corporation holding himself, themselves or itself out in any manner contrary to the provisions of this chapter;
8. Habitually been intemperant in the use of intoxicating liquor or controlled substances as defined in chapter 453 of NRS;
9. Willfully violated any of the provisions of this chapter or the rules and regulations promulgated by the board to enforce this chapter;
10. Engaged in unprofessional conduct; or
11. Failed within a reasonable time to provide information requested by the board as the result of a formal or informal complaint to the board, which would indicate a violation of this chapter.
Sec. 29. 1. The board may suspend or revoke any certificate where the shorthand reporter has pleaded or been found guilty of, or has been convicted following a plea of nolo contendere made to a charge of a felony or of any offense involving moral turpitude.
κ1973 Statutes of Nevada, Page 1320 (CHAPTER 698, AB 929)κ
2. The board may order the certificate suspended or revoked, or may decline to issue a certificate, when the time for appeal has lapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.
Sec. 30. The entry of a decree by a court of competent jurisdiction establishing the mental illness of any person holding a certificate under this chapter operates as a suspension of such certificate. Such person may resume his practice only upon a finding by the board that the holder of such certificate has been determined to be recovered from mental illness by a court of competent jurisdiction and upon the boards recommendation that such holder be permitted to resume his practice.
Sec. 31. 1. The board may upon its own motion and shall upon the verified complaint in writing of any person setting forth facts which if proven would constitute grounds for refusal, suspension or revocation as set forth in sections 27 to 30, inclusive, of this act, investigate the actions of any person who applies for, or holds or represents that he holds a certificate. Such person is in this section and in section 32 of this act called the accused.
2. The board shall, before refusing to issue, suspending or revoking any certificate, notify the accused in writing of any charges made and shall afford such accused an opportunity to be heard in person or by counsel in reference thereto.
3. Such written notice shall be served by delivery personally to the accused, or by mailing by registered mail to the last-known place of business of the accused.
4. The notice shall set the time and place of the hearing, the time to be not less than 10 nor more than 30 days after delivery or mailing.
5. The board may continue such hearing from time to time.
Sec. 32. 1. The board may subpena and bring before it any person in this state and take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in courts of this state.
2. Any member of the board may administer oaths to witnesses at any hearing which the board is authorized by law to conduct, and any other oaths required or authorized in this chapter.
3. Any district court, upon the application of the accused or complainant or of the board may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers before the board in any hearing relative to the application for or refusal, recall, suspension or revocation of a certificate, and the court may compel obedience to its order by proceedings for contempt.
4. The board, at its expense, shall provide a shorthand reporter to transcribe the testimony and preserve a record of all proceedings at the hearing of any case wherein a certificate is revoked or suspended. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the board and its orders shall be the record of such proceedings.
κ1973 Statutes of Nevada, Page 1321 (CHAPTER 698, AB 929)κ
of such proceedings. The board shall furnish a transcript of such record to any person interested in such hearing upon payment therefor of the statutory fees for transcription as provided in NRS 3.370.
5. At any time after the suspension or revocation of any certificate, the board may restore it to the accused without examination upon unanimous vote by the board.
Sec. 33. A violation of any provision of this chapter is a misdemeanor.
Sec. 34. No action or suit may be instituted, nor recovery therein be had, in any court of this state by any person for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the provisions of this chapter.
Sec. 35. 1. The practice of shorthand reporting by any person who has not been issued a certificate or whose certificate has been suspended or revoked is hereby declared to be inimical to public health and welfare and to constitute a public nuisance. The attorney general of the State of Nevada, the district attorney of any county in the state or any resident may maintain an action in the name of the State of Nevada perpetually to enjoin any person from so unlawfully practicing shorthand reporting and from the doing, committing or continuing such unlawful act.
2. In all proceedings under this section the court may apportion the costs among the parties interested in the suit, including costs of filing complaint, service of process, witness fees and expenses, court reporter charges and reasonable attorneys fees.
3. This proceeding shall be in addition to and not in lieu of criminal prosecutions or proceedings to revoke or suspend licenses as authorized by this chapter.
Sec. 36. No person may be appointed to the position of official reporter of any court in this state except a shorthand reporter who holds a current and valid certificate under the provisions of this chapter.
Sec. 37. NRS 2.310 is hereby amended to read as follows:
2.310 The supreme court [is authorized to] may appoint an official reporter who shall be a [competent stenographer] certified shorthand reporter and who shall perform such duties as may be required of him by the court.
Sec. 38. NRS 3.320 is hereby amended to read as follows:
3.320 1. The judge or judges of any district court may appoint, subject to the provisions of this chapter and other laws as to the qualifications and examinations of such appointee, one [phonographic] certified shorthand reporter, to be known as official reporter of such court or department and to hold office during the pleasure of the judge appointing him.
2. [Any person who has heretofore been, or who may hereafter be, examined, qualified and appointed a reporter in any district court of this state under the provisions of this chapter shall, within a period of 3 years subsequent to last employment as such official reporter, be eligible to reappointment as reporter of that court or to appointment in any other district court of this state without further examination upon presentation and filing of the certificate of the clerk or judge of the court where such appointment was made, stating the facts as to such examination and appointment.
κ1973 Statutes of Nevada, Page 1322 (CHAPTER 698, AB 929)κ
3.] The official reporter, or any one of them where there are two or more, [must,] shall, at the request of either party or of the court in a civil action or proceeding, and on the order of the court, the district attorney or the attorney for the defendant in a criminal action or proceeding, take down in shorthand all the testimony, the objections made, the rulings of the court, the exceptions taken, all arraignments, pleas and sentences of defendants in criminal cases, and all statements and remarks made by the district attorney or judge, and all oral instructions given by the judge; and, if directed by the court or requested by either party, must, within such reasonable time after the trial of such case as may be designated by law or, in the absence of any law relating thereto, by the court, write out the same, or such specific portions thereof as may be requested, in plain and legible longhand, or by typewriter or other printing machine, and certify to the same as being correctly reported and transcribed, and, when directed by the law or court, file the same with the clerk of the court.
Sec. 39. NRS 171.198 is hereby amended to read as follows:
171.198 1. The magistrate shall employ a certified shorthand reporter to take down all the testimony and the proceedings on the hearing or examination, and within such time as the court may designate have such testimony and proceedings transcribed into typewritten transcript.
2. The reporter employed as provided in subsection 1 shall be sworn by the magistrate before whom such proceedings are held to record verbatim, truthfully and correctly such proceedings and testimony, and to make a true and correct transcript thereof into typewritten transcript.
3. When the testimony of each witness is all taken and transcribed by the reporter, the reporter shall certify to the transcript in the same manner as for a transcript of testimony in the district court, which certificate shall authenticate the transcript for all purposes of this Title.
4. Prior to the date set for trial, either party may move the court before which the case is pending to add to, delete from, or otherwise correct the transcript to conform with the testimony as given and to settle the transcript so altered.
5. The compensation for the services of a reporter employed as provided in this section shall be the same as provided in subsection 1 of NRS 3.370, to be paid out of the county treasury as other claims against the county are allowed and paid.
6. Testimony reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of his county, and in case the prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court. A copy of the transcript shall be furnished without charge to the defendant and to the district attorney.
7. The testimony so taken may be used:
(a) By the defendant; or
(b) By the state if the defendant was represented by counsel or affirmatively waived his right to counsel,
upon the trial of the cause, and in all proceedings therein, when the witness is sick, out of the state, dead, or when his personal attendance cannot be had in court.
κ1973 Statutes of Nevada, Page 1323 (CHAPTER 698, AB 929)κ
Sec. 40. NRS 172.215 is hereby amended to read as follows:
172.215 Whenever criminal causes are being investigated by the grand jury, it shall appoint a [competent stenographic] certified shorthand reporter. If he is not an official district court reporter, he shall, before entering upon his duties, take and subscribe the constitutional oath of office. He shall receive the same compensation for his services as an official district court reporter.
Sec. 41. NRS 3.330 is hereby repealed.
________
Assembly Bill No. 943Mr. Glover
CHAPTER 699
AN ACT relating to traffic laws; providing changes in rules of the road; clarifying provisions; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.259 is hereby amended to read as follows:
484.259 Unless specifically made applicable, the provisions of this chapter, except those relating to driving under the influence of [drugs] controlled substances or intoxicating liquor as provided in NRS 484.379, shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.
Sec. 2. NRS 484.283 is hereby amended to read as follows:
484.283 1. Whenever traffic is controlled by official traffic-control devices exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the manual and specifications adopted by the department of highways, only the colors green, yellow and red shall be used, except for special pedestrian-control devices carrying a word legend as provided in NRS 484.325. Such lights, arrows and combinations thereof indicate and apply to drivers of vehicles and pedestrians as provided in this section.
2. When the signal is circular green alone:
(a) Vehicular traffic facing such a signal may proceed straight through or turn right or left unless another device at such place prohibits either or both such turns. Such vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484.325.
3. Where the signal is circular green with a green turn arrow:
(a) Vehicular traffic facing such a signal may proceed to make the movement indicated by the green turn arrow or such other movement as is permitted by the circular green signal, but such traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection at the time such signal is exhibited.
κ1973 Statutes of Nevada, Page 1324 (CHAPTER 699, AB 943)κ
movement indicated by the green turn arrow or such other movement as is permitted by the circular green signal, but such traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection at the time such signal is exhibited. Drivers turning in the direction of the arrow when displayed with the circular green are thereby advised that so long as a turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.
(b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484.325.
4. Where the signal is a green turn arrow alone:
(a) Vehicular traffic facing such a signal may proceed only in the direction indicated by the arrow signal so long as the arrow is illuminated, but such traffic shall yield the right of way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection.
(b) Pedestrians facing such a signal shall not enter the highway until permitted to proceed by another device as provided in NRS 484.325.
5. Where the signal is a green straight-through arrow alone:
(a) Vehicular traffic facing such a signal may proceed straight through, but shall not turn right or left. Such vehicular traffic shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(b) Pedestrians facing such a signal may proceed across the highway within the appropriate marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484.325.
6. Where the signal is a steady yellow signal alone:
(a) Vehicular traffic facing such a signal is thereby warned that the related green movement is being terminated or that a steady red indication will be exhibited immediately thereafter, and such vehicular traffic shall not enter the intersection when the red signal is exhibited.
(b) Pedestrians facing such a signal, unless otherwise directed by another device as provided in NRS 484.325, are thereby advised that there is insufficient time to cross the highway.
7. Where the signal is a steady red signal alone:
(a) [Except as provided in paragraph (c) of this subsection, vehicular] Vehicular traffic facing such a signal shall stop before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking [indicating] indicates where the stop shall be made, or in the absence of any such crosswalk, sign or marking, then before entering the intersection, and, except as provided in paragraph (c) of this subsection, shall remain stopped or standing until the green signal is shown.
(b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484.325.
(c) [Vehicular] After complying with the stop requirement of paragraph (a) of this subsection, vehicular traffic facing such a signal and situated on the extreme right of the highway may proceed into the intersection for a right turn only when the intersecting highway is two-directional or one-way to the right, or vehicular traffic facing such a signal and situated on the extreme left of a one-way highway may proceed into the intersection for a left turn only when the intersecting highway is one-way to the left, but shall yield the right of way to pedestrians and other traffic proceeding as directed by the signal at such intersection.
κ1973 Statutes of Nevada, Page 1325 (CHAPTER 699, AB 943)κ
into the intersection for a left turn only when the intersecting highway is one-way to the left, but shall yield the right of way to pedestrians and other traffic proceeding as directed by the signal at such intersection.
8. Where the signal is a steady red with a green turn arrow then:
(a) Vehicular traffic facing such a signal may enter the intersection only to make the movement indicated by the green turn arrow, but shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Drivers turning in the direction of the arrow are thereby advised that so long as the turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.
(b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484.325.
9. If a signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or pavement marking indicating where the stop shall be made, but in the absence of any such device the stop shall be made at the signal.
10. Whenever signals are placed over the individual lanes of a highway, such signals shall indicate and apply to drivers of vehicles as follows:
(a) A downward-pointing green arrow means that a driver facing such signal may drive in any lane over which the green signal is shown.
(b) A red X symbol means a driver facing such signal shall not enter or drive in any lane over which such red signal is shown.
Sec. 3. NRS 484.295 is hereby amended to read as follows:
484.295 1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle.
2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle [on audible signal and] upon observing the overtaking vehicle or hearing a signal. The driver of an overtaken vehicle shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
Sec. 4. NRS 484.301 is hereby amended to read as follows:
484.301 1. The department of highways with respect to highways constructed under the authority of chapter 408 of NRS, and local authorities with respect to highways under their jurisdiction, may determine those zones of highways where overtaking and passing to the left or making a left-hand turn would be hazardous, and may by the erection of official traffic-control devices indicate such zones. When such devices are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.
2. Except as provided in [subsection 3,] subsections 3 and 4, a driver shall not drive on the left side of the highway within such zone or drive across or on the left side of any pavement striping designed to mark such zone throughout its length.
3. A driver may drive across a pavement striping marking such zone to an adjoining highway if he has first given the appropriate turn signal and there will be no impediment to oncoming or following traffic.
κ1973 Statutes of Nevada, Page 1326 (CHAPTER 699, AB 943)κ
zone to an adjoining highway if he has first given the appropriate turn signal and there will be no impediment to oncoming or following traffic.
4. Except where otherwise provided, a driver may drive across a pavement striping marking such a zone to make a left-hand turn if he has first given the appropriate turn signal in compliance with NRS 484.343, if it is safe and if it would not be an impediment to oncoming or following traffic.
Sec. 5. NRS 484.305 is hereby amended to read as follows:
484.305 1. Whenever any highway has [been divided into three clearly marked lanes for traffic the following rules apply:
1. Vehicles] two or more clearly marked lanes for traffic traveling in one direction, vehicles shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has [first] given the appropriate turn signal and ascertained that such movement can be made with safety.
2. [A vehicle shall not be driven in a center lane except:] Upon a highway which has been divided into three clearly marked lanes a vehicle shall not be driven in the extreme left lane at any time. A vehicle on such a highway shall not be driven in the center lane except:
(a) When overtaking and passing another vehicle where the highway is clearly visible and such center lane is clear of traffic for a safe distance;
(b) In preparation for a left turn; or
(c) Where such center lane is at the time allocated exclusively to traffic moving in the direction in which the vehicle is proceeding, and is posted to give notice of such allocation.
3. Whenever a highway has been designed to provide a single center lane to be used only for turning, by traffic moving in both directions, the following rules apply:
(a) A vehicle shall be driven in the center turn lane only for the purpose of making a left-hand turn.
(b) A vehicle shall not travel more than 200 feet in a center turn lane prior to making a left-hand turn.
Sec. 6. NRS 484.317 is hereby amended to read as follows:
484.317 The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle [which has approached or is] approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but such driver, having so yielded and having given a signal when and as required, may make such left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right of way to the vehicle making the left turn.
Sec. 7. NRS 484.319 is hereby amended to read as follows:
484.319 [1. Where proper signs have been erected, the driver of a vehicle shall stop or yield at the entrance to a through highway and shall yield the right of way to other vehicles which have entered the intersection from such through highway or which are approaching so closely on such through highway as to constitute an immediate hazard, but such driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection on such through highway shall yield the right of way to the vehicles so proceeding into or across the through highway.]
κ1973 Statutes of Nevada, Page 1327 (CHAPTER 699, AB 943)κ
right of way to the vehicles so proceeding into or across the through highway.] Except when traffic is being controlled by a police officer or a traffic-control signal:
1. When proper signs have been erected, the driver of a vehicle shall stop or yield at a clearly marked stop line or, if there is none, before entering the crosswalk on the near side of the intersection or, if there is none, then at the point nearest the intersection where the driver has a view of approaching traffic on the through highway. After having stopped or, in the event of a yield sign, slowed or stopped, the driver shall yield the right of way to other vehicles which have entered the intersection from such through highway or which are approaching so closely on such through highway as to constitute an immediate hazard during the time such driver is moving across or within the intersection.
2. The driver of a vehicle shall stop in obedience to a stop sign or yield in compliance with a yield sign [at] , in compliance with the manner prescribed in subsection 1, prior to entering an intersection if a stop sign or a yield sign is erected at one or more entrances thereto although not a part of a through highway and shall proceed cautiously, yielding to vehicles not so obligated to stop or yield and which are within the intersection or approaching so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.
Sec. 8. NRS 484.343 is hereby amended to read as follows:
484.343 1. A driver shall not turn a vehicle from a direct course upon a highway unless and until such movement can be made with reasonable safety, and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by such movement [or] and after giving an appropriate signal if any other vehicle may be affected by such movement.
2. A signal of intention to turn right or left [shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning regardless of the weather.] , or otherwise turn a vehicle from a direct course, shall be given continuously during not less than the last 100 feet traveled in a business or residential district and not less than the last 300 feet traveled in any other area prior to changing the course of a vehicle. This rule shall be observed, regardless of the weather.
3. A driver shall not stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear.
________
κ1973 Statutes of Nevada, Page 1328κ
Assembly Bill No. 961Committee on Transportation
CHAPTER 700
AN ACT permitting the transfer of certain moneys between accounts by department of motor vehicles.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The department of motor vehicles is hereby authorized to transfer $12,500 from funds appropriated for fiscal year 1972-1973 in the automation division account #201-4715 to the administrative services division account #201-4714 in order to make funds available for bringing the department of motor vehicles building into waterproof condition.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 962Committee on Ways and Means
CHAPTER 701
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund for payment of leasing and acquisition costs of paintings in the legislative building.
[Approved April 28, 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 legislative fund the sum of $4,024 for the cost of leasing paintings during the 57th session of the legislature and acquisition of paintings to be retained permanently by the legislature in the legislative building.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 31Senators Brown, Gibson, Dodge, Pozzi, Swobe, Foley and Close
CHAPTER 702
AN ACT providing property tax assistance to senior citizens at the expense of the state; making an appropriation; providing a penalty; and providing other matters properly relating thereto.
[Approved April 28, 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 provisions set forth as sections 2 to 36, inclusive, of this act.
κ1973 Statutes of Nevada, Page 1329 (CHAPTER 702, SB 31)κ
Sec. 2. Sections 2 to 36, inclusive, of this act shall be known and may be cited as the Senior Citizens Property Tax Assistance Act.
Sec. 3. 1. The legislature finds that:
(a) Senior citizens of this state live, as a rule, on limited retirement incomes which remain fixed while property taxes and other costs constantly rise.
(b) The erosion of senior citizens income in terms of true value threatens to destroy the ability of many to retain ownership of the homes in which they had planned to spend their later years.
(c) Senior citizens are often forced to divert an excessive portion of their incomes into the property taxes on their homes, thus leaving insufficient funds for other things essential to their well-being.
(d) Many senior citizens who rent their homes also pay an excessive portion of their income into property taxes through the media of rent payments.
(e) Fifteen percent of the rent senior citizens pay for the occupancy of their homes approximates their contribution toward residential property taxes.
2. The legislature therefore declares that:
(a) It is the public policy of this state to provide assistance to its senior citizens who are carrying an excessive residential property tax burden in relation to income.
(b) The purpose of sections 2 to 36, inclusive, of this act is to provide relief to eligible senior citizens, through a system of property tax refunds and appropriations from the senior citizens property tax assistance fund and to provide the several counties with the option to participate in providing such relief.
Sec. 4. For purposes of this act, the terms listed in sections 5 to 14, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 5. Assessment year means the period used in this state for the recurrent assessment and taxation of property. The period runs from July 1 of one year to and including June 30 of the following year.
Sec. 6. Claim means an application for senior citizens property tax assistance made pursuant to this act, and a claimant is a person who files a claim under this act and who, at the time of filing his claim, is 65 years of age or over and is domiciled in this state. When two individuals of a household are able to meet the qualifications for a claimant, they may determine between them as to who the claimant shall be. If they are unable to agree, the matter shall be referred to the secretary of the Nevada tax commission and his decision shall be final. In no event should there be more than one claim filed for any home.
Sec. 7. Commission means the Nevada tax commission.
Sec. 8. Home means residential living quarters located in Nevada. The quarters may consist of a single dwelling unit, or a unit which is an integral part of a larger complex such as a multidwelling or a multipurpose building, together with the land upon which the unit is built and any surrounding land, not to exceed 1 acre, as well as outbuildings and facilities reasonably necessary for use of the unit as residential living quarters. The term home includes a mobile home. Home also includes that home, mobile home or dwelling of which the claimant is in possession under a contract of sale, deed of trust, life estate, joint tenancy or tenancy in common.
κ1973 Statutes of Nevada, Page 1330 (CHAPTER 702, SB 31)κ
under a contract of sale, deed of trust, life estate, joint tenancy or tenancy in common.
Sec. 9. Household means a claimant and spouse.
Sec. 10. Household income means the income received by a claimant plus the income received by the claimants spouse.
Sec. 11. Income means adjusted gross income, as defined in the U.S. Internal Revenue Code, plus the following items: tax-free interest; the untaxed portion of pensions or annuities; railroad retirement benefits; veterans pensions and compensation; all payments received under the Federal Social Security Act, except Medicare; state and federal old-age assistance; public welfare payments, including shelter allowances; unemployment insurance benefits; all loss of time and disability insurance payments; disability payments under workmens compensation laws; untaxed alimony; support payments; allowances received by dependents of servicemen; the amount of recognized capital gains excluded from adjusted gross income; life insurance proceeds; bequests and inheritances; cash gifts over $300 not between household members and such other kinds of cash flow into a household as the commission specifies by regulation.
Sec. 12. Property taxes accrued means property taxes (exclusive of special assessments, delinquent taxes, interest) levied on a claimants home in this state which were due and payable on the 1st Monday of July, immediately preceding the date of filing of a claim. If a home is owned by two or more persons or entities as joint tenants or tenants in common and one or more persons or entities are not a member of claimants household, property taxes accrued is that part of the property taxes levied on the home which reflects the ownership percentage of the claimant and his household. For purposes of this paragraph property taxes are levied when the tax roll is delivered to the county treasurer for collection.
Sec. 13. Rent means the payment a claimant has made under a bona fide tenancy or leasing agreement solely for the right to occupy his home during any assessment year. The term does not include any amount paid for utilities, fuel or furnishings, nor does the term include payment for food, nursing services or institutional care.
Sec. 14. Rent deemed to constitute accrued property tax is 15 percent of the total rent claimant has paid in cash or its equivalent.
Sec. 15. (Deleted by amendment.)
Sec. 16. Subject to the limitations contained in sections 2 to 36, inclusive, of this act, a claimant is entitled to a refund from the state in an amount equal to the amount by which the accrued property taxes upon his home exceed 7 percent of his household income. In no event shall the refund from the state exceed the amount of the accrued property tax or $300, whichever is less.
Sec. 16.5. A claimant who rents and occupies his home for an entire assessment year and who remains in the same home for at least 6 months of that year is entitled to the same refund, but only with respect to that portion of his rent which is rent deemed to constitute accrued property tax, as is provided for a homeowner under section 16 of this act.
Sec. 17. No claim with respect to property taxes accrued shall be paid unless the claim is actually filed with the Nevada tax commission on or before the 1st Monday of September following the calendar year for which household income is reported.
κ1973 Statutes of Nevada, Page 1331 (CHAPTER 702, SB 31)κ
before the 1st Monday of September following the calendar year for which household income is reported.
Sec. 18. In the case of illness, absence from the state or other disability or if in his judgment good cause exists, the secretary of the Nevada tax commission may extend, for a period not to exceed 6 months, the time for filing a claim.
Sec. 19. No claim shall be accepted by the Nevada tax commission if the claimant owes delinquent property taxes on the property which is claimed as a home and which became delinquent while the claimant owned such home.
Sec. 20. No claim shall be accepted by the Nevada tax commission if the claimant or the claimants spouse owns real property in the State of Nevada, other than that claimed as a home, having an assessed value in excess of $30,000.
Sec. 21. No claim shall be honored if the claimant and the claimants spouse have received income, as defined in section 11 of this act, in excess of $5,000 during the immediately preceding calendar year.
Sec. 22. A claimant may receive assistance under sections 2 to 36, inclusive, of this act, though such claimant also receives a property tax exemption as a widow, blind person or veteran.
Sec. 23. (Deleted by amendment.)
Sec. 24. (Deleted by amendment.)
Sec. 25. (Deleted by amendment.)
Sec. 26. (Deleted by amendment.)
Sec. 27. 1. Funds to carry out the provisions of this act shall be provided by legislative appropriation from the general fund in the state treasury. The moneys so appropriated shall be deposited in the senior citizens property tax assistance fund.
2. All refunds shall be made by warrants drawn by the state controller upon the senior citizens property tax assistance fund.
3. Any unexpended funds remaining in the senior citizens property tax assistance fund after all claims have been paid shall remain in such fund and shall not revert to the general fund.
4. Refunds shall be mailed to the claimant on or before the 1st Monday in November following receipt by the commission of the claim. If the secretary of the commission authorizes a late filing of a claim, the refund shall be mailed not later than 30 days after receipt of such claim by the commission.
5. The secretary of the commission shall obtain from the state controller a statement of the balance in the senior citizens property tax assistance fund on September 1 of each year. The secretary shall provide for full refunds of all just claims under the provisions of section 16 of this act, provided that the total amount of such claims does not exceed the September 1 fund balance. The secretary shall proportionately reduce each claim when the total amount of all claims exceeds the September 1 fund balance.
Sec. 28. Any county or Carson City may adopt an ordinance which provides for rebates, refunds or allowances of credit against property taxes accrued which are in excess of the refunds paid by the state under sections 2 to 36, inclusive, of this act.
κ1973 Statutes of Nevada, Page 1332 (CHAPTER 702, SB 31)κ
Sec. 29. Every claimant shall supply to the secretary of the Nevada tax commission in support of his claim information as to his name and address, rent paid, property taxes accrued, the members of his household, his household income, the size and nature of the property claimed as his home; a statement that the property taxes accrued and used for purposes of sections 2 to 36, inclusive, of this act have been or will be paid by him and that there are no delinquent property taxes on the home; and whatever other information the Nevada tax commission deems necessary for the proper administration of sections 2 to 36, inclusive, of this act.
Sec. 30. Only one member of each household may file a claim for an assessment year. If more than one member is eligible to claim, any one of the eligible members may file the claim with the written consent of the others. If such consent is not obtainable, the claim may be filed only if criteria regulating such a circumstance have been prescribed by the commission.
Sec. 31. The secretary of the Nevada tax commission may audit any claim filed under the provisions of sections 2 to 36, inclusive, of this act. If, as a result of such audit, he finds that the amount of the claim has been incorrectly determined, he shall redetermine the claim and notify the claimant of the redetermination and his reasons for it. The redetermination shall be the final administrative action on the claim.
Sec. 32. A claim shall be disallowed if the secretary of the Nevada tax commission finds that the claimant received title to his home primarily for the purpose of obtaining benefits under the provisions of sections 2 to 36, inclusive, of this act. If such a claimant has received a refund and if he does not repay it together with a 10 percent penalty to the state, the refund amount and penalty shall be assessed against the property claimed as his home.
Sec. 33. The secretary of the Nevada tax commission may deny in total any claim which he finds to be excessive or which was filed with fraudulent intent. If such a claim has been paid and if afterward denied, the amount of the claim together with a 10 percent penalty shall be repaid by the claimant to the Nevada tax commission. If the amount of such refund and penalty is not repaid, the same shall be assessed against the property claimed by the claimant as a home. The claimant in such case and any person who assisted in the preparation or filing of such claim, or who, with fraudulent intent, supplied information upon which such excessive claim was prepared, are guilty of a misdemeanor.
Sec. 33.5. Any person aggrieved by the denial in whole or in part of relief claimed under sections 2 to 36, inclusive, of this act or by any other final action of the secretary of the Nevada tax commission, is entitled to judicial review thereof. Proceedings for such review must be instituted within 30 days after the claimant has received notice of such final action.
Sec. 34. 1. The commission is responsible for the overall administration of this act.
2. The commission may:
(a) Specify by regulation any other kind of income for the purpose of section 11 of this act.
(b) Prescribe the content and form of claims.
κ1973 Statutes of Nevada, Page 1333 (CHAPTER 702, SB 31)κ
(c) Designate the kind of proof to be required for substantiation of claims.
(d) Establish criteria for determining when a claim may be filed by one eligible person without the consent of all others eligible in the same household for the same assessment year.
(e) Prescribe that a claimants ownership of his home must be shown of record.
(f) Provide by regulation that a vendee in possession of his home under an installment sale contract and responsible for paying the property taxes on the home is eligible to claim assistance as a homeowner.
(g) Limit the computation of benefits to the nearest dollar and limit issuance of warrants to $5 or over.
(h) Verify and audit any claims, statements or other records made pursuant to this act.
(i) Adopt and promulgate regulations to safeguard the confidentiality of information supplied by claimants.
(j) Provide by regulation for a limited extension of time to file a claim in cases of hardship.
(k) Adopt and promulgate such other regulations as may be required to effectuate the purposes of this act.
Sec. 35. All functions of the commission under this act are subject to the Nevada Administrative Procedure Act (chapter 233B of NRS).
Sec. 36. No person may publish, disclose or use any personal or confidential information contained in a claim except for purposes connected with the administration of this act.
Sec. 37. There is hereby appropriated from the general fund in the state treasury to the senior citizens property tax assistance fund:
1. For the fiscal year 1973-74, the sum of $1,200,000.
2. For the fiscal year 1974-75, the sum of $1,200,000.
Sec. 38. 1. Section 34 of this act and this section shall become effective upon passage and approval for the purpose of prescribing regulations for the administration of this act.
2. Sections 1 to 33, inclusive, and sections 35 to 37, inclusive, of this act shall become effective on July 1, 1973.
________
Senate Bill No. 62Senator Dodge
CHAPTER 703
AN ACT relating to the reapportionment of Carson City and rural county legislative districts; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.075 is hereby amended to read as follows:
218.075 1. The following senatorial districts are created in Carson City and the 14 rural counties of the state, and the following numbers of senators apportioned to each, separately:
κ1973 Statutes of Nevada, Page 1334 (CHAPTER 703, SB 62)κ
City and the 14 rural counties of the state, and the following numbers of senators apportioned to each, separately:
(a) Northern Nevada senatorial district shall consist of Elko, Eureka, Humboldt [,] and Lander [and Pershing] counties: One senator.
(b) Central Nevada senatorial district shall consist of Esmeralda, Lincoln, Mineral, Nye and White Pine counties: One Senator.
(c) Western Nevada senatorial district shall consist of Churchill, Lyon, Pershing and Storey counties: [and Carson City enumeration districts Nos. 2 and 11:] One senator.
(d) Capital senatorial district shall consist of Douglas County and Carson City: [, less enumeration districts Nos. 2 and 11:] One senator.
2. The following assembly districts are created in Carson City and the 14 rural counties of the state:
(a) Assembly district No. 33 shall consist of Elko County [.] less Carlin township.
(b) Assembly district No. 34 shall consist of Eureka, Humboldt, and Lander [and Pershing] counties [.] and Carlin township of Elko County as established by the board of county commissioners of Elko County on June 7, 1966.
(c) Assembly district No. 35 shall consist of Lincoln and White Pine counties.
(d) Assembly district No. 36 shall consist of Esmeralda, Mineral and Nye counties.
(e) Assembly district No. 37 shall consist of Pershing and Churchill [County.] counties less enumeration districts Nos. 12B, 13, 14 and 18 in Churchill County.
(f) Assembly district No. 38 shall consist of Lyon and Storey counties [and Carson City enumeration districts Nos. 2 and 11.] and Churchill County enumeration districts Nos. 12B, 13, 14 and 18.
(g) Assembly district No. 39 shall consist of Douglas County and Carson City enumeration districts Nos. 1, 2 and [12.] 3.
(h) Assembly district No. 40 shall consist of Carson City, less [those] enumeration districts [described in paragraphs (f) and (g) of this subsection.] Nos. 1, 2 and 3 of Carson City.
3. Each senator and assemblyman shall be elected from within the district wherein he resides by the registered voters residing in that district.
Sec. 2. This act shall become effective on July 1, 1973, for the purpose of nominating candidates for and electing members of the senate and assembly from the Western Nevada and Capital senatorial districts and from assembly districts Nos. 33 to 40, inclusive, at the primary and general elections in 1974. For all other purposes it shall become effective on the day next after the election of members of the senate and assembly at the general election in 1974.
________
κ1973 Statutes of Nevada, Page 1335κ
Senate Bill No. 124Senators Young, Hecht, Swobe, Wilson and Raggio
CHAPTER 704
AN ACT relating to planning and zoning; redefining subdivision; making special provision for certain small subdivisions; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 117.120 is hereby amended to read as follows:
117.120 1. A condominium project consisting of five or more units shall be deemed to be a subdivision of land within the meaning of NRS 278.320, but only NRS 278.330, 278.340, 278.350, 278.360, 278.370, 278.380, 278.390, subsection 1 of NRS 278.400, subsections 1, 2, 3, 4, 5, 7, 8, 9 and 10 of NRS 278.410 and NRS 278.420, 278.430, 278.450, 278.460, 278.470, 278.480 and 278.490 shall be applicable to such condominium projects.
2. A condominium project consisting of four units or less shall be deemed to be a subdivision within the meaning of NRS 278.500, but only NRS 278.500, 278.510, [278.530,] 278.540, 278.550 and subsection 1 of NRS 278.560 shall be applicable to such condominium projects.
3. Tentative or final maps or [records of survey] parcel maps required to be prepared and recorded by any of the statutory sections listed in subsections 1 and 2 of this section shall conform with the requirements of NRS 117.020. The sections of NRS listed in subsections 1 and 2 of this section and all other sections of NRS which are deemed applicable to condominiums or condominium projects shall be liberally construed to avoid unreasonable and unduly technical application of such sections to condominiums and condominium projects, and to encourage the establishment of condominiums and condominium projects in Nevada.
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 1. For the purpose of NRS 278.010 to 278.630, inclusive:
(a) Building code means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
(b) Cities and counties means all counties and cities located in counties. Carson City is considered as a county.
(c) Commission means the planning commission of the city, the county or the region, as established by ordinance.
(d) Final map means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and those of any applicable local ordinance, which map is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
(e) Governing body means the city council or the board of county commissioners or, in the case of Carson City, the board of supervisors.
(f) Improvement means only such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for general use of property owners in the subdivision and local neighborhood traffic and drainage needs.
κ1973 Statutes of Nevada, Page 1336 (CHAPTER 704, SB 124)κ
(g) Local ordinance means an ordinance enacted by the governing body of any city or county, under the powers granted in NRS 278.010 to 278.630, inclusive, and within the limitations therein set forth, regulating the design and improvement of land subdivisions. A certified copy of the ordinance and amendments thereto shall be recorded in the office of the county recorder or the recorder of Carson City.
(h) [Record of survey map means a map prepared as provided in NRS 278.010 to 278.630, inclusive, and conforming to the provisions therein.] Parcel map means a map prepared as provided in NRS 278.500 to 278.560, inclusive, and conforming to the provisions therein.
(i) Right-of-way includes all public and private rights-of-way and shall include all areas required for public use in accordance with any master plan or parts thereof.
(j) Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights-of-way, and other ways.
(k) Subdivider means a person, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or for others.
(l) Subdivision refers to any land or portion thereof subject to the provisions of NRS 278.010 to 278.630 inclusive.
(m) Tentative map means a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property.
2. Whenever appropriate, the singular includes the plural and the plural includes the singular.
Sec. 3. NRS 278.320 is hereby amended to read as follows:
278.320 [1. Subdivision refers to any land or portion thereof, shown on the last preceding tax roll as a unit or as contiguous units, which is divided for the purpose of sale or lease, whether immediate or future, by any subdivider into 5 or more parcels within any 1 calendar year.
2. Subdivision does not include either of the following:
(a) Any parcel or parcels of land in which all of the following conditions are present:
(1) Which contain less than 5 acres.
(2) Which abut upon dedicated streets or highways.
(3) In which street opening or widening is not required by the governing body in dividing the land into lots or parcels.
(4) The lot design meets the approval of the governing body.
(b) Any parcel or parcels of land divided into lots or parcels, each of a net area of 10 acres or more, a tentative map of which has been submitted to the governing body and has been approved by it as to street alignment and widths, drainage provisions and lot design.
3. In either case provided in subsection 2, there shall be filed a record of survey map pursuant only to the provisions of NRS 278.010 to 278.630, inclusive.] 1. Subdivision means any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, separate interests or interests in common, for the purpose of any transfer, development or any proposed transfer or development; unless exempted under subparagraphs (a) or (b).
κ1973 Statutes of Nevada, Page 1337 (CHAPTER 704, SB 124)κ
sites, units, plots, separate interests or interests in common, for the purpose of any transfer, development or any proposed transfer or development; unless exempted under subparagraphs (a) or (b).
(a) The term subdivision does not apply to any division of land which creates lots, parcels, sites, units or plots of land, each of which comprise 40 or more acres of land, including roads and roadway easements.
(b) Unless a method of disposition is adopted for the purpose of evading this chapter, the term subdivision does not apply to any division of land:
(1) Which creates lots, parcels, sites, units, or plots of land such that the land area of each of the lots, parcels, sites, units, or plots, when divided by the number of interests in every such lot, parcel, site, unit or plot results in 36 or more acres, exclusive of roads and roadway easements, per interest;
(2) Which is created by order of any court in this state or by operation of law;
(3) Which is created by a lien, mortgage, deed of trust or any other security instrument;
(4) Which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;
(5) Which creates cemetery lots;
(6) Which creates an interest or interests in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property;
(7) Which is created by the acquisition of an interest in land in the name of a husband and wife, or other persons who are related to each other within the first or second degree of consanguinity, or pursuant to adoption in accordance with law, which interest is established or created by a joint tenancy, community property, or as tenants in common. Any such interest shall be deemed for purposes of this subsection, as only one interest.
2. For subdivisions containing not more than four lots, parcels, sites, plots or interests, there shall be filed a parcel map pursuant to the provisions of NRS 278.500 to 278.560, inclusive.
[4.] 3. In any county having a population of 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of county commissioners may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630, inclusive, if:
(a) Such land is owned by a railroad company and was in the past used in connection with any railroad operation; and
(b) Other persons now permanently reside on such land.
[5. Nothing contained in NRS 278.010 to 278.630, inclusive, shall apply to land platted for cemetery purposes not involving any street, road or highway opening or widening or easements of any kind.
6.] 4. Nothing contained herein shall apply to the division of land for agricultural purposes, in parcels of more than 10 acres, not involving any street, road, or highway opening or widening or easements of any kind.
κ1973 Statutes of Nevada, Page 1338 (CHAPTER 704, SB 124)κ
any street, road, or highway opening or widening or easements of any kind.
Sec. 4. NRS 278.500 is hereby amended to read as follows:
278.500 1. [If the subdivider is not required by the provisions of NRS 278.010 to 278.630, inclusive, to prepare and record a final map, then] If the subdivision contains not more than four lots the subdivider, before proceeding with the sale of any part of the subdivision, [he] shall file, in the office of the county recorder, a [record of survey map conforming, in respect to design, to the approved tentative map or maps.] parcel map.
2. In this event, the governing body may require [only] such street grading and surfacing and drainage provisions as are reasonably necessary for lot access and local neighborhood traffic and drainage needs. It may also require such lot design, offsite access, street alignment and width, water quality, water supply and sewerage provisions, as are reasonably necessary.
3. The construction of any of these improvements may be accomplished as provided in accordance with the provisions of NRS 278.010 to 278.630, inclusive.
4. The following certificates shall appear on a [record of survey] parcel map:
(a) A certificate for execution by the clerk of each approving governing body stating that the body approved the map for subdivision purposes. [in accordance with the conditional approval of the tentative map.]
(b) A certificate by the engineer or surveyor responsible for the [survey] parcel map giving the date of the survey on which the map is based, and stating that the survey was made by him or under his direction and setting forth the name of the owner who authorized him to make the survey, and that the [survey] parcel map is true and complete as shown. This certificate shall also state that the monuments are of the character and occupy the positions indicated or that they will be set in such positions and at such time as is agreed upon under the provisions of NRS 278.010 to 278.630, inclusive. This certificate shall also state that the monuments are or will be sufficient to enable the survey to be retraced.
(c) A certificate prepared in accordance with subsection 4 of NRS 278.420.
Sec. 5. NRS 278.510 is hereby amended to read as follows:
278.510 1. The [record of survey] parcel map shall be [a map,] legibly drawn in black waterproof india ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, the size and border of which shall conform to the requirements for final maps.
2. The [record of survey] map shall show:
(a) All monuments found, set, reset, replaced or removed, describing their kind, size and location, and giving other data relating thereto.
(b) Bearing or witness monuments, basis of bearings, bearing and length of lines and scale of map.
(c) Name and legal designation of tract or grant in which the survey is located and ties to adjoining tracts.
κ1973 Statutes of Nevada, Page 1339 (CHAPTER 704, SB 124)κ
(d) Memorandum of oaths.
(e) Signature of surveyor.
(f) Date of survey.
(g) Name of person or persons for whom the survey on which the map is based was made.
(h) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and area shown.
Sec. 6. NRS 278.540 is hereby amended to read as follows:
278.540 If [the] a record of survey contains more than four lots or parcels, the surveyor or person or one of the persons for whom the record of survey is made shall place upon the map thereof a statement of the facts which will clearly show that such record of survey is not of a subdivision as defined in NRS 278.010 to 278.630, inclusive, or all requirements of NRS 278.010 to 278.630, inclusive, concerning subdivision of real property and the regulations of transactions pertaining thereto shall be complied with.
Sec. 7. NRS 278.550 is hereby amended to read as follows:
278.550 1. The [record of survey] parcel map filed with the county recorder of any county shall be securely fastened by him into a suitable book provided for that purpose. He shall keep proper indexes of [records of survey] parcel maps by the name of grant, tract, subdivision or United States subdivision.
2. The charge for filing any [record of survey] parcel map and for indexing the same shall be $2.50.
Sec. 8. NRS 278.560 is hereby amended to read as follows:
278.560 1. Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed to assure, together with monuments already existing, the perpetuation [of] or facile reestablishment of any point or line of the survey [.] on which the parcel map is based.
2. Any monument set by a registered land surveyor or registered civil engineer to mark or reference a point on a property or landline shall be permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it, each number to be preceded by the letters R.L.S. or R.E., respectively, as the case may be, or, if the monument is set by a public officer, it shall be marked with his official title.
Sec. 9. NRS 278.590 is hereby amended to read as follows:
278.590 1. It [shall be] is unlawful for any person to offer to sell, to contract to sell, to sell or to transfer any subdivision or any part thereof until the final map or parcel map thereof, in full compliance with the appropriate provisions of NRS 278.010 to 278.630, inclusive, and any local ordinance has been duly recorded in the office of the recorder of the county in which any portion of the subdivision is located.
2. Any offer to sell, contract to sell, sale or transfer contrary to the provisions of NRS 278.010 to 278.630, inclusive, [shall be] is a misdemeanor. Nothing herein contained shall be deemed to bar any legal, equitable or summary remedy to which any aggrieved municipality or other political subdivision, or any person, firm or corporation may otherwise be entitled, and any such municipality or other political subdivision or person, firm or corporation may file suit in the district court of the county in which any property attempted to be subdivided or sold in violation of NRS 278.010 to 278.630, inclusive, is located to restrain or enjoin any attempted or proposed subdivision or sale in violation of NRS 278.010 to 278.630, inclusive.
κ1973 Statutes of Nevada, Page 1340 (CHAPTER 704, SB 124)κ
or person, firm or corporation may file suit in the district court of the county in which any property attempted to be subdivided or sold in violation of NRS 278.010 to 278.630, inclusive, is located to restrain or enjoin any attempted or proposed subdivision or sale in violation of NRS 278.010 to 278.630, inclusive.
Sec. 10. NRS 278.630 is hereby amended to read as follows:
278.630 1. When there is no [subdivision] final map or [record of survey] parcel map as required by the provisions of NRS 278.010 to 278.630, inclusive, then the county assessor shall determine, as lands are placed upon the tax roll and maps of the county assessors office, any apparent discrepancies with respect to the provisions of NRS 278.010 to 278.630, inclusive, and shall report his findings in writing to the governing body of the county or city in which such apparent violation occurs.
2. Upon receipt of the report the governing body shall cause an investigation to be made by the district attorneys office, when such lands are within an unincorporated area, or by the city attorney when within a city, the county recorder, any planning commission having jurisdiction over the lands in question, and the real estate division of the department of commerce.
3. If the report shows evidence of violation of the provisions of NRS 278.010 to 278.630, inclusive, with respect to the subdivision of lands or upon the filing of a verified complaint by any municipality or other political subdivision or person, firm or corporation with respect to violation of the provisions of NRS 278.010 to 278.630, inclusive, the district attorney of each county in this state shall prosecute all violations of the provisions of NRS 278.010 to 278.630, inclusive, in respective counties in which the violations occur.
Sec. 11. NRS 278.520 and 278.530 are hereby repealed.
Sec. 12. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 253Senators Foley, Close, Herr, Drakulich, Walker, Wilson and Neal
CHAPTER 705
AN ACT relating to children; providing more safeguards for children under the jurisdiction of the juvenile court; providing a penalty; and providing other matters properly relating thereto.
[Approved April 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.020 is hereby amended to read as follows:
62.020 1. When used in this chapter, unless the context otherwise requires:
(a) Adult means a person 18 years of age or older.
(b) Child means a person less than 18 years of age [.] or a person less than 21 years of age who committed an act of delinquency before reaching the age of 18 years.
κ1973 Statutes of Nevada, Page 1341 (CHAPTER 705, SB 253)κ
less than 21 years of age who committed an act of delinquency before reaching the age of 18 years.
(c) Court means the juvenile division of the district court.
(d) Judge means the judge of the juvenile division of the district court.
2. The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of this chapter.
Sec. 2. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except as otherwise provided in this chapter, the courts shall have exclusive original jurisdiction in proceedings:
(a) [Concerning any child living or found within the county:
(1) Whose parent or other person legally responsible for the care and support of such child neglects or refuses, when able so to do, to provide proper or necessary support or education as required by law, or medical, surgical or other care necessary for his well-being; or who is abandoned by his parent or other custodian; or who is otherwise without proper care, custody or support.
(2) Whose occupation, behavior, environment or associations are injurious to his welfare.
(3) Who deserts his home or who is habitually disobedient or beyond the control of his parent or other custodian.
(4) Who, being required by law to attend school, habitually and willfully violates rules thereof or absents himself therefrom.
(5) Who violates any state law or municipal ordinance, or any other rule or regulation having the force of law.
(b) Concerning any person over the age of 18 years and under the age of 21 years charged with having violated any provision of subparagraph (5) or paragraph (a) prior to having become 18 years of age. Such a minor shall be dealt with under the provisions of this chapter relating to children.
(c) For the care or commitment to an institution of a mentally retarded child.] Concerning any child living or found within the county who is neglected because:
(1) He has been abandoned by his parents, guardian, or other custodian;
(2) He is without proper parental care and control, or subsistence, education, medical or other care or control necessary for his well-being because of the faults or habits of his parents, guardian or other custodian or their neglect or refusal, when able to do so, to provide them;
(3) His parents, guardian, or other custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity; or
(4) He has been placed for care or adoption in violation of law.
(b) Concerning any child living or found within the county who is in need of supervision because he:
(1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;
(2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or
κ1973 Statutes of Nevada, Page 1342 (CHAPTER 705, SB 253)κ
(3) Deserts, abandons or runs away from his home or usual place of abode,
and is in need of care or rehabilitation. Such a child shall not be considered a delinquent.
(c) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he:
(1) Commits an act designated a crime under the law of the State of Nevada, or who violates a county or municipal ordinance or any rule or regulation having the force and effect of law; or
(2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.
(d) Concerning any child in need of commitment to an institution for the mentally retarded.
2. Nothing contained in this chapter shall deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.
Sec. 3. NRS 62.120 is hereby amended to read as follows:
62.120 1. 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, the probation officer under the general supervision of the judge or judges and with the advice of the probation committee shall organize, direct and develop the administrative work of the probation department and detention home, including the social, financial and clerical work, and he shall perform such other duties as the judge may direct. All information obtained in discharge of official duty by an officer or other employee of the court [shall be] is privileged and shall not be disclosed to anyone other than the judge and others entitled under this chapter to receive such information, unless and until otherwise ordered by the judge.
2. Probation officers and assistant probation officers [shall] have the same powers as peace officers.
3. Every effort shall be made by the various counties throughout the state to provide sufficient personnel for the probation department to uphold the concept of separation of powers in the court process.
Sec. 4. NRS 62.123 is hereby amended to read as follows:
62.123 1. The judge or judges of each judicial district which includes a county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall appoint a director of juvenile services directly responsible to the court to coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to, the welfare division of the department of health, welfare and rehabilitation, the public schools of the judicial district, all law enforcement agencies of the judicial district, the probation committee, and detention home or facilities of the judicial district. The director of juvenile services may also be responsible for the implementation of preventive programs relating to juvenile delinquency. The director of juvenile services shall serve as administrative officer of the juvenile court and shall relieve the judge or judges of all administrative duties in connection therewith.
κ1973 Statutes of Nevada, Page 1343 (CHAPTER 705, SB 253)κ
administrative officer of the juvenile court and shall relieve the judge or judges of all administrative duties in connection therewith.
2. The director of juvenile services shall be appointed by the juvenile court judge or judges from a list of candidates provided by the probation committee.
3. The director of juvenile services shall serve at the pleasure of the court and be subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the judge to answer thereto.
4. The director of juvenile services shall have such staff of employees to assist in the performance of his duties as [the board or boards of county commissioners find necessary, when recommended by the probation committee and approved by the juvenile court judge or judges.
5. The salaries of the director of juvenile services and his staff of employees shall be fixed by the board or boards of county commissioners of the county or counties served by the judicial district.] is advised by the probation committee, approved by the juvenile court judge or judges, and consented to by the board or boards of county commissioners of the county or counties served by the judicial district.
5. The salary of the director of juvenile services shall be fixed by the juvenile court judge or judges, with the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.
Sec. 5. NRS 62.130 is hereby amended to read as follows:
62.130 1. [Any person may file a petition as hereinafter provided in the juvenile division of the district court. The proceedings shall be entitled, In the Matter of ..........................................., a child under 18 years of age.
2. The probation officer shall:
(a) Investigate all cases reported to him, and if after investigation he shall determine that a petition should be filed, he shall proceed as hereinafter provided.
(b) Investigate the facts of a petition filed by any other person and report the same to the court.
3. The petition shall be verified and may be upon information and belief. It shall set forth plainly:
(a) The facts which bring the child within the purview of this chapter.
(b) The name, age and residence of the child.
(c) The names and residences of his parents.
(d) The name and residence of his legal guardian if there be one.
(e) The name and residence of the person or persons having custody or control of the child.
(f) The name and residence of the nearest known relative to the child if no parent or guardian can be found.
4. If any of the facts herein required are not known by the petitioner, the petition shall so state.] Except as provided in subsection 2, a petition initiating court action or a petition for revocation may be signed by any person who has knowledge of the facts alleged, or is informed of them and believes that they are true.
κ1973 Statutes of Nevada, Page 1344 (CHAPTER 705, SB 253)κ
2. A petition alleging that a minor is in need of supervision may be signed only by:
(a) A representative of a public or private agency licensed or authorized to provide care or supervision of children;
(b) A representative of a public or private agency providing social service for families; or
(c) A school official, law enforcement officer, or probation officer.
3. The district attorney shall prepare and countersign every petition alleging delinquency, neglect or need of supervision, and shall represent the petitioner in all proceedings.
4. Every petition shall be entitled, In the Matter of ........................................................, a child, and shall be verified by the person who signs it.
5. Every petition shall set forth specifically:
(a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 62.040, and in a proper case the date when delinquency occurred or need of supervision arose.
(b) The name, birth date and residence address of the child.
(c) The names and residence addresses of his parents, guardian or custodian, and spouse if any. If neither of his parents, guardian or custodian resides or can be found within the state, or if their residence addresses are unknown, the petition shall state the name of any known adult relative residing within the state, or if there is none, the known adult relative residing nearest to the court.
(d) Whether the child is in custody, and if so, the place of detention and the time he was taken into custody.
6. When any of the facts required by subsection 5 are not known, the petition shall so state.
Sec. 6. NRS 62.140 is hereby amended to read as follows:
62.140 1. After a petition [shall have] has been filed and after such further investigation as the court may direct, unless the parties [hereinafter named shall] named in this section voluntarily appear, the court shall direct the clerk to issue a summons [reciting briefly the substance of the petition and] requiring the person or persons who have custody or control of the child to appear personally and bring the child before the court at a time and place stated in the summons. The summons shall advise the parties of their rights to counsel at the initial hearing, as provided in section 14 of this act. A copy of the petition shall be attached to each summons.
2. If the person so summoned [shall be] is other than a parent or guardian of the child, then the parent or guardian or both shall also be notified by a similar summons of the pendency of the case and of the time and place appointed. [, by personal service before the hearing, except as hereinafter provided.]
3. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary.
[2.] 4. If it appears that the child is in such condition or surroundings that his welfare or the public interest or safety requires that his custody be immediately assumed by the court, the judge may order, by endorsement upon the summons, that the person serving [the same] it shall at once deliver the child to the probation officer in whose custody the child shall remain until the further order of the court.
κ1973 Statutes of Nevada, Page 1345 (CHAPTER 705, SB 253)κ
shall at once deliver the child to the probation officer in whose custody the child shall remain until the further order of the court.
Sec. 7. NRS 62.150 is hereby amended to read as follows:
62.150 1. Service of summons shall be made personally by the delivery of a true copy thereof to the person summoned. If the judge is satisfied that it is impracticable to serve the summons personally, [the summons or the notice provided for in NRS 62.140,] he may order service by registered or certified mail addressed to the last-known address, or by publication thereof, or both, as he may direct. It [shall be] is sufficient to confer jurisdiction if service is effected at least 48 hours before the time fixed in the summons for the return thereof.
2. Service of summons, process or notice required by this chapter may be made by any citizen over the age of [21] 18 years. All necessary expenses of service of summons, process or notice shall be paid by the county as provided in other cases.
Sec. 8. NRS 62.170 is hereby amended to read as follows:
62.170 1. Any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose surroundings are such as to endanger his welfare. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child shall be released to the custody of his parent or other responsible adult upon the written agreement signed by such person to bring the child to the court at a stated time or at such time as the court may direct. The written agreement shall be submitted to the court as soon as possible. If such person [shall fail] fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
2. If the child is not released, as provided in subsection 1, the child shall be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention shall be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as shall be designated by the court, subject to further order.
3. Except as provided otherwise in this section no child under 18 years of age shall at any time be confined or detained in any police station, lockup, jail or prison, or detained in any place where the child can come into communication with any adult convicted of crime or under arrest and charged with crime; except that where no other detention facility has been designated by the court, until the judge or probation officer can be notified and other arrangements made therefor, the child may be placed in a jail or other place of detention, but in a place entirely separated from adults confined therein. Whenever it is possible to do so, special efforts shall be made to keep children who are neglected or in need of supervision apart from children charged with delinquent acts.
κ1973 Statutes of Nevada, Page 1346 (CHAPTER 705, SB 253)κ
4. The official in charge of any detention home may by written order direct the transfer to the county jail of a child placed in the detention home. The child shall not be detained in the county jail for more than 24 hours unless a district judge orders him so detained for a longer period. Such an order may be made by the judge without notice to the child or anyone on his behalf. Any child under 18 years of age who is held in the county jail pursuant to the provisions of this subsection shall, where possible, be placed in a cell separate from adults.
Sec. 9. NRS 62.190 is hereby amended to read as follows:
62.190 1. In counties where there are two or three judges, the judges, by mutual consent, may assign, during such periods as they may order, all the powers and duties granted them under this chapter to any one of their number, or they may divide the powers and duties between them in any manner they see fit.
2. In counties where there are four or more judges, the judges, by mutual consent, shall assign one such district judge to serve for a period of 2 years as the judge of the juvenile division of such district court. If the judges cannot agree, the chief justice of the supreme court shall assign one such district judge to serve for a period of 2 years as the judge of the juvenile division of such district court. All the powers and duties granted to district judges under this chapter shall devolve upon the district judge so assigned and his primary duties shall be to administer the provisions of this chapter. If from any cause the designated district judge is unable to act, any other district judge of the county may act temporarily as judge of the juvenile division of such court during the absence or disability of the judge regularly assigned thereto.
[3. Proceedings under this chapter against any child shall not be deemed to be criminal or criminal in nature. Any proceeding under this chapter against a child shall be heard separately from the trial of cases against adults, and without a jury. The hearing shall be conducted in an informal manner and may be held at a juvenile detention facility or elsewhere at the discretion of the judge. Stenographic notes or other transcript of the hearing shall be required only if the court so orders. The general public shall be excluded and only such persons admitted as have a direct interest in the case and as may be ordered by the judge, or, in case of a reference, as may be ordered by the referee.]
Sec. 10. NRS 62.275 is hereby amended to read as follows:
62.275 1. In any case in which a child is taken into custody by a peace officer, is taken before a probation officer, or appears before a judge or master of a juvenile court, district court, justices court or municipal court, the child or a probation officer on his behalf may petition for the sealing of all records relating to the child, including records of arrest, but not including records relating to misdemeanor traffic violations, in the custody of the juvenile court, district court, justices court or municipal court, probation officer, law enforcement agency, or any other agency or public official, if:
(a) Three years or more have elapsed after termination of the jurisdiction of the juvenile court; or
(b) Three years or more have elapsed since the child was so taken or so appeared.
κ1973 Statutes of Nevada, Page 1347 (CHAPTER 705, SB 253)κ
2. The court shall notify the district attorney of the county and the probation officer, if he is not the petitioner. The district attorney, probation officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.
3. If, after the hearing, the court finds that, since such termination of jurisdiction, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers and exhibits in such persons case in the custody of the juvenile court, district court, justices court, municipal court, probation officer, law enforcement agency or any other agency or public official [,] sealed. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, shall also be ordered sealed. All juvenile records, shall be automatically sealed when the person reaches 24 years of age.
4. The court shall send a copy of the order to each agency and official named therein. [(a)] Each agency and official shall, within 5 days after receipt of the order:
[(1)] (a) Seal records in its custody, as directed by the order.
[(2)] (b) Advise the court of its compliance.
[(3)] (c) Seal the copy of the courts order that it or he received. [(b)] As used in this section, seal means placing the records in a separate file or other repository not accessible to the general public.
5. If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred and the minor may properly reply [,] accordingly [,] to any inquiry concerning the proceedings and the events which brought about the proceedings.
6. The person who is the subject of records sealed pursuant to this section may petition the court to permit inspection of the records by a person named in the petition and the court may order such inspection.
7. The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
8. An agency charged with the medical or psychiatric care of a person may petition the court to unseal his juvenile records.
Sec. 11. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 16, inclusive, of this act.
Sec. 12. 1. A complaint alleging that a child is delinquent, neglected or in need of supervision shall be referred to the probation officer of the appropriate county. The probation officer shall conduct a preliminary inquiry to determine whether the best interests of the child or of the public require that a petition be filed. If judicial action appears necessary, the probation officer may recommend the filing of a petition, but any such petition shall be prepared and countersigned by the district attorney before it is filed with the court. Decision of the district attorney on whether or not to file a petition is final.
2. If the probation officer refuses to recommend the filing of a petition, the complainant shall be notified by the probation officer of his right to a review of his complaint by the district attorney. The district attorney, upon request of the complainant, shall review the facts presented by the complainant and after consultation with the probation officer shall prepare, countersign and file the petition with the court when he believes such action is necessary to protect the community or interests of the child.
κ1973 Statutes of Nevada, Page 1348 (CHAPTER 705, SB 253)κ
upon request of the complainant, shall review the facts presented by the complainant and after consultation with the probation officer shall prepare, countersign and file the petition with the court when he believes such action is necessary to protect the community or interests of the child.
3. When a child is in detention or shelter care and the filing of a petition is not approved by the district attorney, the child shall be immediately released.
4. When a child is in detention or shelter care, a petition alleging delinquency or need of supervision shall be dismissed with prejudice if it was not filed within 10 days from the date the complaint was referred to the probation officer.
Sec. 13. 1. Proceedings under this chapter against any child shall not be deemed to be criminal in nature. Any proceeding under this chapter against a child shall be heard separately from the trial of cases against adults, and without a jury. The hearing may be conducted in an informal manner and may be held at a juvenile detention facility or elsewhere at the discretion of the judge. Stenographic notes or other transcript of the hearing shall be required only if the court so orders. The general public shall be excluded and only such persons admitted as have a direct interest in the case and as may be ordered by the judge, or, in case of a reference, as may be ordered by the referee.
2. The parties shall be advised of their rights under law in their first appearance at intake and before the court. They shall be informed of the specific allegations in the petition and given an opportunity to admit or deny such allegations.
3. If the allegations are denied, the court shall proceed to hear evidence on the petition. The court shall record its findings on whether or not the child is a neglected child or if the petition alleges delinquency or need of supervision, as to whether or not the acts ascribed to the child were committed by him. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and order the child discharged from any detention or temporary care theretofore ordered in the proceedings, unless otherwise order by the court.
4. If the court finds on the basis of an admission or a finding on proof beyond a reasonable doubt, based upon competent, material and relevant evidence, that a child committed the acts by reason of which he is alleged to be delinquent, it may, in the absence of objection, proceed immediately to make a proper disposition of the case.
5. In adjudicatory hearings all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their counsel shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when reasonably available.
6. On its motion or that of a party, the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition. In this event, the court shall make an appropriate order for detention or temporary care of the child subject to supervision of the court during the period of the continuance.
κ1973 Statutes of Nevada, Page 1349 (CHAPTER 705, SB 253)κ
make an appropriate order for detention or temporary care of the child subject to supervision of the court during the period of the continuance.
7. If the court finds by preponderance of the evidence that the child is neglected or in need of supervision, or is in need of commitment to an institution for the mentally retarded, the court may proceed immediately or at a postponed hearing, to make proper disposition of the case.
Sec. 14. 1. Upon application of a party, the clerk of the court shall issue, and the court on its motion may issue, subpenas requiring attendance and testimony of witnesses and production of records, documents or other tangible objects at any hearing.
2. If a child is alleged to be delinquent or in need of supervision, the child and his parents, guardian or custodian shall be advised by the court or its representative that the child is entitled to be represented by counsel at all stages of the proceedings. If counsel is not retained for the child, or if it does not appear that counsel will be retained, counsel shall be appointed for the child, unless waived. In neglect cases, the parents, guardian or custodian shall be informed of their right to be represented by counsel.
3. Criminal proceedings and other juvenile proceedings based upon the offense alleged in the petition or an offense based upon the same conduct, are barred where the court has begun taking evidence or where the court has accepted a childs admission of the facts alleged in the petition. No child may be prosecuted first as a juvenile and later as an adult, or in two juvenile court hearings for the same offense.
Sec. 15. 1. After a petition has been filed pursuant to section 12 of this act, the court shall direct that a predisposition study and report to the court be made in writing by a probation officer or another agency authorized by law, concerning the child, his family, his environment and other matters relevant to the need for treatment or disposition of the case. The study and report shall not be made prior to a finding with respect to the allegations in the petition unless a notice of intent to admit the allegations is filed, and the party consents thereto.
2. Where there are indications that the child may be mentally ill or mentally retarded, the court may order the child to be examined at a suitable place by a physician, psychiatrist or psychologist prior to a hearing on the merits of the petition. Such examinations made prior to hearing or as part of the study provided for in subsection 1 shall be conducted on an out-patient basis unless the court finds that placement in a hospital or other appropriate facility is necessary.
3. The court, after hearing, may order examination by a physician, surgeon, psychiatrist or psychologist of a parent or custodian who gives his consent and whose ability to care for or supervise a child before the court is at issue.
Sec. 16. 1. Fingerprints of a child 14 years of age or older who is referred to court may be taken and filed by law enforcement officers investigating the commission of an act which would constitute a felony if committed by an adult. If the court does not find that the child committed the alleged act, the fingerprint card and all copies of the fingerprints shall be destroyed. If a child under 14 years of age is being investigated for an act which would constitute a felony if committed by an adult, he may be fingerprinted with a proper court order.
κ1973 Statutes of Nevada, Page 1350 (CHAPTER 705, SB 253)κ
investigated for an act which would constitute a felony if committed by an adult, he may be fingerprinted with a proper court order.
2. If latent fingerprints are found during the investigation of an offense and a law enforcement officer has reason to believe that they are those of the child in custody, he may fingerprint the child regardless of age or offense for purposes of immediate comparison with the latent fingerprints. If the comparison is negative, the fingerprint card and other copies of the fingerprints taken shall be immediately destroyed. If the comparison is positive and the child is under 14 years of age and referred to court, the fingerprint card and other copies of the fingerprints shall be delivered to the court for disposition. If the child is not referred to court, the prints shall be immediately destroyed. Fingerprints shall not be submitted to the Federal Bureau of Investigation or Criminal Identification and Investigation Bureau of California unless the child is found to have committed an act of delinquency which would constitute a felony if committed by an adult.
3. If the court finds that a child 14 years of age or older has committed an act of delinquency which would constitute a felony if committed by an adult, the prints may be retained in a local file or sent to a central state depository but they shall be kept separate from those of adults, under special security measures limited to inspection for comparison purposes by law enforcement officers or by staff of the depository only in the investigation of a crime.
4. A child in custody shall not be photographed for criminal identification purposes without the consent of the judge unless the case is certified for criminal prosecution.
5. Any person who willfully violates any provision of this section is guilty of a misdemeanor.
Sec. 17. NRS 201.090 is hereby amended to read as follows:
201.090 As used in NRS 201.090 to 201.110, inclusive, unless the context otherwise requires, a [dependent child or] neglected child, delinquent child or child in need of supervision means any person less than 18 years of age:
1. Who is found begging, receiving or gathering alms, or who is found in any street, road or public place for the purpose of so doing, whether actually begging or doing so under the pretext of selling or offering for sale any article, or of singing or playing on any musical instrument, or of giving any public entertainment or accompanying or being used in aid of any person so doing.
2. Who has no parent or guardian; or who has no parent or guardian willing to exercise or capable of exercising proper parental control; or who has no parent or guardian actually exercising such proper parental control, and who is in need of such control.
3. Who is destitute, or who is not provided with the necessities of life by his parents, and who has no other means of obtaining such necessities.
4. Whose home is an unfit place for him, by reason of neglect, cruelty or depravity of either of his parents, or of his guardians or other person in whose custody or care he is.
5. Who is found living in any house of ill fame, or with any disreputable person.
κ1973 Statutes of Nevada, Page 1351 (CHAPTER 705, SB 253)κ
6. Who is found wandering and either has no home, no settled place of abode, no visible means of subsistence or no proper guardianship.
7. Who [is a vagrant or who] frequents the company of criminals, vagrants [,] or prostitutes, or persons so reputed; or who is in any house of prostitution or assignation.
8. Who unlawfully visits a saloon where any [spriritous,] spirituous, vinous or malt liquors are sold, bartered, exchanged or given away.
9. Who habitually uses intoxicating liquors or who uses opium, cocaine, morphine, or other similar drug without the direction of a competent physician.
10. Who persistently or habitually refuses to obey the reasonable and proper orders or directions of his parents, guardian or custodian; or who is beyond the control of such person.
11. Who is an habitual truant from school.
12. Who is leading, or from any cause is in danger of leading, an idle, dissolute, lewd or immoral life.
13. Who writes or uses vile, obscene, profane or indecent language, or is guilty of indecent, immoral or lascivious conduct.
14. Who violates any law of this state or any ordinance of any town, city or county of this state defining crime.
Any child who is a runaway, unmanageable or an habitual truant is a child in need of supervision as that term is used in chapter 62 of NRS, and is not a delinquent child.
Sec. 18. NRS 201.100 is hereby amended to read as follows:
201.100 When the charge against any person under NRS 201.090 to 201.110, inclusive, concerns the [dependency] neglect of a child or children, or the problems of a child in need of supervision, the offense, for convenience, may be termed contributory [dependency,] neglect, and when it concerns the delinquency of a child or children, for convenience it may be termed contributory delinquency.
Sec. 19. NRS 201.110 is hereby amended to read as follows:
201.110 Any person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 to become a [dependent child] neglected child, child in need of supervision or delinquent child, as defined in NRS 201.090 to 201.110, inclusive, or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, command or persuasion, induces or endeavors to induce any person under the age of 18 to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause any such person to become or to remain a person who is a [dependent child] neglected child, child in need of supervision or delinquent child, as defined in NRS 201.090 to 201.110, inclusive, shall be guilty of contributory [dependency] neglect or contributory delinquency. Contributory [dependency] neglect or contributory delinquency is a misdemeanor.
Sec. 20. NRS 423.200 is hereby amended to read as follows:
423.200 In addition to the other purposes for which the Nevada state childrens home is established, the Nevada state childrens home shall receive [dependent] neglected children as defined by NRS 201.090, other than orphans, when such children are committed to the care of the Nevada state childrens home by a district court in this state.
κ1973 Statutes of Nevada, Page 1352 (CHAPTER 705, SB 253)κ
than orphans, when such children are committed to the care of the Nevada state childrens home by a district court in this state.
Sec. 21. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 596Committee on Legislative Functions
CHAPTER 706
AN ACT relating to the legislative counsel bureau; providing for the separate office of director; clarifying the respective duties and employment authority of the director, the fiscal analyst and the legislative counsel; and providing other matters properly relating thereto.
[Approved April 30, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.620 is hereby amended to read as follows:
218.620 1. There is hereby created the Nevada legislative counsel bureau, which shall consist of a legislative commission, an interim finance committee, a director, a fiscal and auditing division, a legal division and a research division.
2. The fiscal analyst shall be chief of the fiscal and auditing division. The legislative counsel shall be chief of the legal division. The research director shall be chief of the research division.
3. The legislative commission shall:
(a) Appoint [the division chiefs and fix their compensation.
(b) Appoint one of the division chiefs director of the legislative counsel bureau, who shall serve as director without additional compensation.] the director.
(b) Fix the compensation of the director and each of the division chiefs.
4. The director shall appoint the division chiefs with the approval of the legislative commission and may also serve as a division chief in the discretion of the commission.
5. The director [of the legislative counsel bureau shall,] may, with the consent of the legislative commission, designate one of the division chiefs or an employee of the legislative counsel bureau as deputy director, who shall serve as deputy director without additional compensation.
[5.] 6. The director of the legislative counsel bureau, the chiefs of the divisions and legislative counsel bureau employees [shall be] are entitled to receive, when engaged in official business for the legislative counsel bureau, travel expenses and subsistence allowances as provided by law.
Sec. 2. NRS 218.683 is hereby amended to read as follows:
218.683 1. The director of the legislative counsel bureau, as executive head of the legislative counsel bureau, shall direct and supervise all its administrative and technical activities. The legislative auditor, research director and legislative counsel shall perform the respective duties assigned to them by law under the administrative supervision of the director.
κ1973 Statutes of Nevada, Page 1353 (CHAPTER 706, SB 596)κ
director and legislative counsel shall perform the respective duties assigned to them by law under the administrative supervision of the director.
2. Except as otherwise provided [by law,] in this section, the director of the legislative counsel bureau shall, [subject to the approval of] consistent with the budget approved by the legislative commission and within the limits of legislative appropriations and other available funds, employ and fix the salaries of or contract for the services of such professional, technical, clerical and operational personnel and consultants as the execution of his duties and the operation of the legislative counsel bureau may require.
3. All of the personnel of the legislative counsel bureau [shall be] are exempt from the provisions of chapter 284 of NRS. They [shall be] are entitled to such leaves of absence as the legislative commission shall prescribe.
________
Senate Bill No. 458Senator Herr
CHAPTER 707
AN ACT relating to trade practices; requiring nondiscriminatory terms in certain franchises between liquor suppliers and wholesalers; requiring good-faith performance of such franchises; providing damages for breach of such franchises; and providing other matters properly relating thereto.
[Approved April 30, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 5, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3. Franchise means a contract or agreement either expressed or implied, whether written or oral, between a supplier and wholesaler, wherein:
1. A commercial relationship of definite duration or continuing indefinite duration is involved; and
2. The wholesaler is granted the right to offer, sell and distribute within this state or any designated area thereof such of the suppliers brands of packaged malt beverages, distilled spirits and wines, or all of them, as may be specified.
Sec. 4. Wholesale dealer or wholesaler means any person, partnership, corporation or other form of business enterprise licensed by the Nevada tax commission to sell malt beverages, distilled spirits and wines, or all of them, as it is originally packaged to retail liquor stores or to another licensed wholesaler, but not to sell to the consumer or general public.
Sec. 5. Supplier means any person, partnership, corporation or other form of business enterprise engaged in business as a manufacturer, distiller, rectifier, brewer, importer, vintner, broker or agent therefor, which distributes any or all of its brands of malt beverages, distilled spirits and wines, or all of them, through licensed wholesalers in this state.
κ1973 Statutes of Nevada, Page 1354 (CHAPTER 707, SB 458)κ
other form of business enterprise engaged in business as a manufacturer, distiller, rectifier, brewer, importer, vintner, broker or agent therefor, which distributes any or all of its brands of malt beverages, distilled spirits and wines, or all of them, through licensed wholesalers in this state.
Sec. 6. 1. If more than one franchise for the same brand or brands of malt beverages, distilled spirits and wines, or all of them, is granted to different wholesalers in this state, it is a violation of sections 2 to 8, inclusive, of this act for any supplier to discriminate between such wholesalers with respect to any of the terms, provisions and conditions of these franchises.
2. Notwithstanding the terms, provisions or conditions of any franchise, no supplier shall unilaterally terminate or refuse to continue any franchise with a wholesale dealer or wholesaler or cause a wholesale dealer or wholesaler to resign from such franchise unless the supplier has first established good cause for such termination, noncontinuance or causing of such resignation.
Sec. 7. 1. Any wholesaler may bring an action in a court of competent jurisdiction against a supplier for violation of sections 2 to 8, inclusive, of this act and may recover the damages sustained by him, together with such costs of the action and reasonable attorneys fees as are authorized under NRS 18.101.
2. The remedies provided in sections 2 to 8, inclusive, of this act are independent of and supplemental to any other remedy or remedies available to the wholesaler in law or equity.
Sec. 8. In any action brought by a wholesale dealer or wholesaler against a supplier for termination or noncontinuance of, or causing to resign from a franchise in violation of sections 2 to 8, inclusive, of this act, it is a complete defense for the supplier to prove that such termination, noncontinuance or causing to resign was done in good faith and for good cause.
Sec. 9. This act shall become effective upon passage and approval.
________
Senate Bill No. 157Committee on Commerce and Labor
CHAPTER 708
AN ACT relating to unemployment compensation; facilitating reciprocal arrangements with other states and compliance with federal requirements; eliminating obsolete provisions; clarifying and modifying coverage and applicability of the Unemployment Compensation Law; and providing other matters properly relating thereto.
[Approved April 30, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.025 is hereby amended to read as follows:
612.025 1. Base period means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individuals benefit year, except that in those instances in which 1 calendar quarter of the base period so established has been used in a previous determination of an individuals entitlement to benefits the base period shall be the first 4 completed calendar quarters immediately preceding the first day of an individuals benefit year.
κ1973 Statutes of Nevada, Page 1355 (CHAPTER 708, SB 157)κ
of the base period so established has been used in a previous determination of an individuals entitlement to benefits the base period shall be the first 4 completed calendar quarters immediately preceding the first day of an individuals benefit year.
2. In the case of a combined wage claim pursuant to the reciprocal arrangements provided in NRS 612.295, the base period is that applicable under the unemployment compensation law of the paying state.
Sec. 2. NRS 612.030 is hereby amended to read as follows:
612.030 1. With respect to any individual, benefit year means the 52-consecutive-week period beginning with the first day of the week with respect to which a valid claim shall be filed, and thereafter the 52-consecutive-week period beginning with the first day of the first week with respect to which a valid claim shall be filed after the termination of his last preceding benefit year.
2. In the case of a combined wage claim pursuant to the reciprocal arrangements provided in NRS 612.295, the benefit year is that applicable under the unemployment compensation law of the paying state.
3. Any claim for benefits made in accordance with NRS 612.450 and 612.455 shall be deemed to be a valid claim for the purposes of this section if the individual has been paid wages for employment by employers as provided in subsection 4 of NRS 612.375.
Sec. 3. NRS 612.045 is hereby amended to read as follows:
612.045 Contributions means the money payments to the unemployment compensation fund required by this chapter [.] , but does not include reimbursement payments of nonprofit organizations, in lieu of contributions, as provided in NRS 612.553.
Sec. 4. NRS 612.070 is hereby amended to read as follows:
612.070 Employment [shall include] includes an individuals entire service, performed within or both within and without this state if:
1. The service is localized in this state; or
2. The service is not localized in any state but some of the service is performed in this state; and:
(a) The base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in this state; or
(b) The base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individuals residence is in this state.
3. The service is that of an individual who is a citizen of the United States, and is performed outside the United States, except in the Virgin Islands or Canada, after December 31, 1971, in the employ of an American employing unit (other than service that is deemed employment under the provisions of [paragraphs (a) and (b)] subsections 1 and 2 or similar provisions of the law of another state), if:
(a) The employers principal place of business in the United States is located in this state; or
(b) The employer has no place of business in the United States, but:
(1) The employer is an individual who is a resident of this state; or
(2) The employer is a corporation which is organized under the laws of this state; or
κ1973 Statutes of Nevada, Page 1356 (CHAPTER 708, SB 157)κ
(3) The employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or
(c) None of the criteria of paragraphs (a) and (b) is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the law of this state.
4. Services performed after January 1, 1972, by an officer or member of the crew of an American vessel or American aircraft on or in connection with such vessel or aircraft, if the operating office, from which the operations of such vessel or aircraft operating within, or within and without, the United States are ordinarily and regularly supervised, managed, directed and controlled, is within this state.
5. Notwithstanding any other provisions of this section, service is required to be covered under this chapter, if with [rsepect] respect to such service a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund, or if such service is required to be covered as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act.
Sec. 5. NRS 612.105 is hereby amended to read as follows:
612.105 Employment [shall] does not include service performed by an individual in the employ of his son, daughter or spouse, and service performed by a child under the age of [21] 18 years in the employ of his father or mother.
Sec. 6. NRS 612.227 is hereby amended to read as follows:
612.227 1. The executive director, subject to the provisions of this section, may enter into lease-purchase agreements with any individuals, corporations, associations or partnerships for the purchase of office buildings and the land upon which such buildings are located. Rentals to the lessor shall be paid by the employment security department, or any agency which may hereafter absorb the employment security program.
2. The executive director may take title in the name of the State of Nevada to premises which are the subject of such a lease-purchase agreement upon fulfillment of the terms of such agreement.
3. All such lease-purchase agreements heretofore entered into by the executive director are hereby ratified, confirmed and adopted.
4. The State of Nevada hereby assures the [Bureau of Employment Security] Manpower Administration of the United States Department of Labor that upon the amortization of the costs of any building and premises heretofore or hereafter purchased or agreed to be purchased for the use of the employment security department pursuant to such lease-purchase agreement, the employment security department may continue to occupy such building without the payment of rent, and shall be assessed only the reasonable cost of operation and maintenance of such building.
5. If it becomes necessary for the employment security department to be moved from any such building after it has been purchased through the amortization of the cost thereof, the State of Nevada hereby gives assurance that other substantially similar space shall be furnished to the employment security department without further payments by such department or the [Bureau of Employment Security] Manpower Administration of the United States Department of Labor, other than payment of the reasonable cost of operation and maintenance thereof.
κ1973 Statutes of Nevada, Page 1357 (CHAPTER 708, SB 157)κ
employment security department without further payments by such department or the [Bureau of Employment Security] Manpower Administration of the United States Department of Labor, other than payment of the reasonable cost of operation and maintenance thereof.
6. If it becomes necessary for the employment security department to be moved from any such building before the cost thereof has been completely amortized, the State of Nevada hereby gives assurance that credit will be allowed for the amount of funds granted to the employment security department by the [Bureau of Employment Security] Manpower Administration of the United States Department of Labor for the partial amortization of such building to the end that funds granted by [such bureau] the Manpower Administration for the use of substantially similar space will not exceed the amount which the employment security department would have been obligated to pay if it had remained in such premises.
Sec. 7. NRS 612.350 is hereby amended to read as follows:
612.350 1. Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount, [if he has no dependents, or in an amount equal to his augmented weekly benefit amount if he has dependents,] less that part of the remuneration payable to him with respect to such week which is in excess of $5.
2. Such benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1.
Sec. 8. NRS 612.355 is hereby amended to read as follows:
612.355 1. Any otherwise eligible individual [shall be] is entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of:
(a) Twenty-six times his weekly benefit amount, or
(b) One-third of his total wages for employment by employers during his base period,
[to which total amount of benefits shall be added any additional amounts which may be payable by reason of his having dependents; provided:
(1) That such total amount of benefits if not a multiple of $1 shall be]
computed to the next higher multiple of $1. [; and
(2) That no claimant shall receive added amounts which may be payable by reason of his having dependents for more than 26 weeks in any 1 benefit year.]
2. For the purpose of this section and of subsection 4 of NRS 612.375, wages shall be counted as wages for employment by employers for the benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employer from whom such wages were earned has satisfied the conditions of NRS 612.055, 612.116, 612.121 or NRS 612.565 to 612.580, inclusive, with respect to becoming an employer.
Sec. 9. NRS 612.370 is hereby amended to read as follows:
612.370 1. When and if the balance remaining in the unemployment compensation fund [shall be] is reduced to not more than $8,500,000, the executive director shall protect the solvency of the fund by reducing the maximum weekly benefit amount to $20, and the total amount of benefits to whichever is the lesser of:
κ1973 Statutes of Nevada, Page 1358 (CHAPTER 708, SB 157)κ
the maximum weekly benefit amount to $20, and the total amount of benefits to whichever is the lesser of:
(a) Twenty times an individuals weekly benefit amount; or
(b) One-third of the wages earned by him for employment by employers during his base period. [,
to which total amount of benefits shall be added any additional amounts which may be payable by reason of his having dependents.]
2. Such reduced benefits shall remain in effect until such time as the balance in the fund [shall] thereafter:
(a) [Increase] Increases to $10,000,000, at which time the provisions of NRS 612.340 and 612.355 shall again be effective; or
(b) [Decrease] Decreases to $3,500,000, at which time the executive director shall further protect the solvency of the fund by reducing the maximum weekly benefit amount [or the maximum augmented weekly benefit amount] to $15 and by reducing the minimum weekly benefit amount [or the minimum augmented weekly benefit amount] to $5. Such reduced benefit shall be in effect until such time as the balance in the fund thereafter increases to $5,000,000, at which time the other provisions of this section shall apply.
Sec. 10. NRS 612.375 is hereby amended to read as follows:
612.375 An unemployed individual [shall be] is eligible to receive benefits with respect to any week only if the executive director finds that:
1. He has registered for work at, and thereafter has continued to report at, an office of the employment security department in such manner as the executive director may prescribe, except that the executive director may by regulation waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or inconsistent with the purposes of this chapter.
2. He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.
3. He is able to work, and is available for work; but no claimant shall be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this subsection if such failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable prior to the beginning of such illness and disability. No otherwise eligible individual shall be denied benefits for any week in which he is engaged in training approved by the executive director by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.
4. He has within his base period been paid wages from employers equal to 33 times his weekly benefit amount; but if an individual fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount shall be $1 less than one twenty-fifth of his high-quarter wages;
κ1973 Statutes of Nevada, Page 1359 (CHAPTER 708, SB 157)κ
but no individual may receive benefits in a benefit year unless, subsequent to the beginning of the next-preceding benefit year during which he received benefits, he performed service, whether or not in employment as defined in this chapter and earned remuneration for such service in an amount equal to not less than three times his basic weekly benefit amount as determined for [his current] such next-preceding benefit year.
Sec. 11. NRS 612.377 is hereby amended to read as follows:
612.377 As used in NRS 612.377 to 612.3786, inclusive, unless the context clearly requires otherwise:
1. Extended benefit period means a period which:
(a) Begins with the third week after whichever of the following weeks occurs first:
(1) A week for which there is a national on indicator; or
(2) A week for which there is a Nevada on indicator; and
(b) Ends with either of the following weeks, whichever occurs later:
(1) The third week after the first week for which there is both a national off indicator and a Nevada off indicator; or
(2) The 13th consecutive week of such period,
provided no extended benefit period may begin by reason of a Nevada on indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to Nevada; and provided, further, that no extended benefit period may become effective in Nevada prior to the 61st day following the date of enactment of the Federal-State Extended Unemployment Compensation Act of 1970 and that, within the period beginning on such 61st day and ending on December 31, 1971, an extended benefit period may become effective and be terminated in Nevada solely by reason of a Nevada on and a Nevada off indicator, respectively.
2. There is a national on indicator for a week if the Secretary of Labor determines that for each of the three most recent completed calendar months ending before such week, the rate of insured unemployment (seasonally adjusted) for all states equaled or exceeded 4.5 percent.
3. There is a national off indicator for a week if the Secretary of Labor determines that for each of the three most recent completed calendar months ending before such week, the rate of insured unemployment (seasonally adjusted) for all states was less than 4.5 percent.
4. There is a Nevada on indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted) under NRS 612.377 to 612.3786, inclusive:
(a) Equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; and
(b) Equaled or exceeded 4 percent.
5. There is a Nevada off indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted):
κ1973 Statutes of Nevada, Page 1360 (CHAPTER 708, SB 157)κ
preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted):
(a) Was less than 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; or
(b) Was less than 4 percent.
6. Rate of insured unemployment, for purposes of subsections 4 and 5, means the percentage derived by dividing:
(a) The average weekly number of individuals filing claims in this state for the weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the executive director on the basis of his reports to the Secretary of Labor; by
(b) The average monthly employment covered under this chapter as determined by the executive director and recorded in department records for the first four of the most recent six completed calendar quarters ending before the end of such 13-week period.
7. Regular benefits means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) other than extended benefits.
8. Extended benefits means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) payable to an individual under the provisions of NRS 612.377 to 612.3786, inclusive, for the weeks of unemployment in his eligible period.
9. Additional benefits means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law. An individual who is entitled to both additional and extended benefits for the same week shall be given the choice of electing which type of benefit to claim regardless of whether his rights to additional and extended benefits arise under the law of the same state or different states.
10. Eligibility period of an individual means the period consisting of the weeks in his benefit year under this chapter which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
[10.] 11. Exhaustee means an individual who, with respect to any week of unemployment in his eligibility period:
(a) Has received, prior to such week, all of the regular, seasonal or nonseasonal benefits that were available to him under this chapter or any other state law (including augmented weekly benefits for dependents and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. § 8501 et seq.) in his current benefit year that includes such week; provided, for the purposes of this paragraph, an individual shall be deemed to have received all of the regular benefits that were available to him, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or