[Rev. 2/28/2019 11:53:55 AM]
κ1973 Statutes of Nevada, Page 1361 (CHAPTER 708, SB 157)κ
(b) His benefit year having expired prior to such week, has no, or insufficient, wages on the basis of which he could establish a new benefit year that would include such week; and
(c) Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 45 U.S.C. § 351 et seq., the Trade Expansion Act of 1962, 19 U.S.C. § 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C. § 2001 et seq. and such other federal laws as are specified in regulations issued by the Secretary of Labor, and has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada; but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law he is considered an exhaustee.
[11.] 12. State law means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.
Sec. 12. NRS 612.3774 is hereby amended to read as follows:
612.3774 An individual [shall be] is eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the executive director finds that with respect to such week:
1. He is an exhaustee as defined in subsection [10] 11 of NRS 612.377; and
2. He has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits.
Sec. 13. NRS 612.378 is hereby amended to read as follows:
612.378 The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year shall be the least of the following amounts:
1. Fifty percent of the basic benefits which were payable to him in his benefit year. [to which amount shall be added 50 percent of the total amount of augmentation for dependents that was payable to him in the applicable benefit year.] If the amount computed is not a multiple of $1, it shall be computed to the next higher multiple of $1.
2. Thirteen times his average weekly benefit amount [(including augmentation for dependents)] which was payable to him under this chapter for a week of total unemployment in the applicable benefit year. If the amount computed is not a multiple of $1, it shall be computed to the next higher multiple of $1.
Sec. 14. NRS 612.435 is hereby amended to read as follows:
612.435 A claimant [shall be] is disqualified for benefits for the week in which the claimant is separated from work because of pregnancy and each week thereafter [until proof of ability to work following confinement is submitted.] unless proof of ability to work is submitted.
Sec. 15. NRS 612.440 is hereby amended to read as follows:
612.440 1. A claimant [shall be] is disqualified for benefits for any week with respect to which the claimants unemployment is due to pregnancy [.
κ1973 Statutes of Nevada, Page 1362 (CHAPTER 708, SB 157)κ
2. A claimants unemployment shall be deemed to be due to pregnancy if such unemployment exists within 60 days of expected confinement.
3.] unless proof of ability to work is submitted.
2. The claimants unemployment shall he deemed to be due to pregnancy following confinement until proof of ability to resume employment has been submitted by the claimant.
Sec. 16. NRS 612.460 is hereby amended to read as follows:
612.460 1. An unemployed individual may file a request for a determination of his benefit status in accordance with regulations prescribed by the executive director. Upon such request, the executive director shall furnish the individual with a written determination. If it is determined that the claimant is an insured worker, the determination will include a statement as to the amount of wages for insured work paid to him by each employer in his base period, and the employers by whom such wages were paid. It shall include also his benefit year, his weekly benefit amount [, the amount by which his weekly benefit amount can be augmented if he has dependents,] and the maximum amount of benefits that may be paid to him for his unemployment during such benefit year. All base period employers of a claimant shall be notified promptly when a claimant files a request for determination of his benefit status which results in a determination that the claimant is an insured worker.
2. If it is determined that the individual is not an insured worker, the determination will include a statement as to the reason therefor, and shall also include the amount of wages paid to him by each employer during his base period, and the employers by whom such wages were paid.
Sec. 17. NRS 612.545 is hereby amended to read as follows:
612.545 1. For the purposes of NRS 612.535 and 612.540:
(a) [From January 1, 1955, until the first day of the first calendar quarter after February 25, 1965, wages shall not include that part of remuneration which, after remuneration equal to $3,600 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.
(b)] Beginning on the first day of the first calendar quarter after February 25, 1965, wages [shall] do not include that part of remuneration which, after remuneration equal to $3,800 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.
[(c)] (b) Beginning on the first day of the first calendar quarter after December 31, 1971, wages [shall] do not include that part of remuneration which, after remuneration equal to $4,200 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.
κ1973 Statutes of Nevada, Page 1363 (CHAPTER 708, SB 157)κ
is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.
2. For the purposes of this section any employer who acquired the entire or a distinct and severable portion of the organization, trade or business or substantially all of the assets of an employer shall be treated as a single unit with its predecessor for the calendar year in which such acquisition occurs.
Sec. 18. NRS 612.550 is hereby amended to read as follows:
612.550 1. As used in this section:
(a) Average actual duration means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.
(b) Average annual payroll for the calendar year 1960 and each calendar year thereafter means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers shall be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
(c) Beneficiary means an individual who has received a first payment.
(d) Computation date for the calendar year 1960 and for each calendar year thereafter means June 30 of the preceding calendar year.
(e) Covered worker means an individual who has worked in employment subject to this chapter.
(f) First payment means the first weekly unemployment insurance benefit paid to an individual in his benefit year.
(g) Reserve balance means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.
(h) Reserve ratio means the percentage ratio that the reserve balance bears to the average annual payroll.
(i) Total contributions paid means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.
(j) Unemployment risk ratio means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the employment security department records for the same 12-month period.
2. The executive director shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him for each calendar year in order to reflect such experience and classification.
No employers contribution rate shall be reduced below 2.7 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that [for the calendar year beginning January 1, 1960, and for each year thereafter] an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.7 percent if his account has been chargeable throughout a lesser period, but in no event, less than the 10-consecutive-calendar-quarter period ending on the computation date.
κ1973 Statutes of Nevada, Page 1364 (CHAPTER 708, SB 157)κ
unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that [for the calendar year beginning January 1, 1960, and for each year thereafter] an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.7 percent if his account has been chargeable throughout a lesser period, but in no event, less than the 10-consecutive-calendar-quarter period ending on the computation date.
3. Any employer who qualifies under subsection 9 and receives the experience record of a predecessor employer shall be assigned the contribution rate of such predecessor.
4. Benefits paid to an individual up to and including the computation date shall be charged against the experience rating records of his base period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers; provided:
(a) [That no augmentation of benefits paid by reason of the fact that a claimant has dependents shall be charged to an employers experience rating record; and
(b)] That no benefits paid to a multistate claimant based upon entitlement to benefits in more than one state shall be charged to any employers experience rating record when no benefits would have been payable except for NRS 612.295; and
[(c)] (b) That if a ruling is issued to a base period employer under the provisions of NRS 612.475 that a claimant left his employment with such employer, voluntarily and without good cause, or was discharged because of misconduct in connection with such employment, benefits paid to the claimant subsequent to such termination of employment due to voluntary leaving or discharge, which are based upon wages paid by such employer in the claimants base period prior to the date of such termination, and which would otherwise be charged to the experience rating record of such employer, as provided in this section, shall not be charged unless such employer failed to comply with the provisions of NRS 612.475.
[(d)] (c) Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to an individual shall not be charged against the accounts of his base period employers.
5. [For the calendar year 1965 and for each calendar year thereafter the] The executive director shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify such employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year shall be determined by the range within which his reserve ratio falls.
The executive director shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which shall be assigned the various contribution rates provided in subsection 6 of this section. The lowest contribution rate shall be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate shall be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges shall be uniform.
κ1973 Statutes of Nevada, Page 1365 (CHAPTER 708, SB 157)κ
be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate shall be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges shall be uniform.
6. Each employer eligible for a contribution rate based upon experience and classified in accordance with this section shall be assigned a contribution rate by the executive director for each calendar year according to the following classes:
Class 1 ................................ 0.6 percent
Class 2 ................................ 0.9 percent
Class 3 ................................ 1.2 percent
Class 4 ................................ 1.5 percent
Class 5 ................................ 1.8 percent
Class 6 ................................ 2.1 percent
Class 7 ................................ 2.4 percent
Class 8 ................................ 2.7 percent
7. [The executive director shall assign contribution rates less than 2.7 percent for the calendar year 1965 as nearly as may be in accordance with the provisions of subsections 1 to 6, inclusive. On November 30, 1965, and on] On November 30 of each year [thereafter] the executive director shall determine:
(a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and
(b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the employment security department records for the 12 months ending on the computation date; and
(c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experience in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and
(d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on November 30. Contribution rates less than 2.7 percent shall not be assigned [for the calendar year 1966 or for any calendar year thereafter] if the executive director finds on November 30 preceding any such year that the balance in the unemployment compensation fund is less than the potential maximum annual benefits payable.
8. The executive director [, for the calendar year 1960 and for each calendar year thereafter,] shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for such calendar year, for each employer whose account is in active status on the records of the employment security department on January 1 of each year and whose account is chargeable with benefit payments on the computation date of such year.
κ1973 Statutes of Nevada, Page 1366 (CHAPTER 708, SB 157)κ
9. The executive director shall, by regulation, prescribe the conditions for a transfer of the experience record of an employer to an employer who has acquired the entire or a severable part of the organization, trade or business or substantially all of the assets thereof.
10. Whenever an employer has paid no wages in employment for a period of 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the executive director shall terminate his experience rating account, and such account shall not thereafter be used in any rate computation.
11. The executive director shall have the power to adopt reasonable accounting methods to account for those employers which are in a reimbursement in lieu of contributions category.
Sec. 19. NRS 612.553 is hereby amended to read as follows:
612.553 1. Any nonprofit organization as defined in NRS 612.121 which becomes subject to this chapter on or after January 1, 1972:
(a) Shall pay contributions to the unemployment compensation fund in the manner provided in NRS 612.535 to 612.550, inclusive, unless it elects, in accordance with this section, to pay into the unemployment compensation fund, in lieu of contributions, as reimbursement an amount equivalent to the amount of regular unemployment compensation benefits and one-half of the extended benefits paid to claimants that is attributable to wages paid by such nonprofit organization. The amount of benefits payable by each employer who elects to make payments by way of reimbursement in lieu of contributions shall be an amount which bears the same ratio to the total benefits paid to an individual as the total base-period wages paid to the individual by such employer bear to the total base-period wages paid to the individual by all of his base-period employers. Two or more employers who have become liable for payments by way of reimbursement in lieu of contributions may file a joint application, in accordance with regulations of the executive director, for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers.
(b) May elect to become liable for payments by way of reimbursement in lieu of contributions, for a period of not less than 1 taxable year beginning with January 1, 1972, provided it files with the executive director a written notice of such election within the 30-day period immediately following such date. Such organization will continue to be liable for payments by way of reimbursement in lieu of contributions until it files with the executive director a written notice terminating its election not later than 30 days prior to the beginning of the taxable year for which such termination is first effective.
(c) May elect to become liable for payments by way of reimbursement in lieu of contributions for a period of not less than 4 consecutive calendar quarters beginning with the first day of the calendar quarter on which such subjectivity begins by filing a written notice with the executive director not later than 30 days immediately following the date of the determination of such subjectivity. Such organization will continue to be liable for payments by way of reimbursement in lieu of contributions until it files with the executive director a written notice terminating its election not later than 30 days prior to the beginning of the taxable year for which such termination is first effective.
κ1973 Statutes of Nevada, Page 1367 (CHAPTER 708, SB 157)κ
election not later than 30 days prior to the beginning of the taxable year for which such termination is first effective.
2. Any nonprofit organization as defined in NRS 612.121 which has been paying contributions as provided in NRS 612.535 to 612.550, inclusive, for a period subsequent to January 1, 1972, may change to a reimbursement-in-lieu-of-contributions basis by filing with the executive director not later than 30 days prior to the beginning of any taxable year a written notice of its election to become liable for payments by way of reimbursements in lieu of contributions. Such election shall not be terminable by the organization for that and the next taxable year.
3. The executive director may for a good cause extend the period in which a notice of election or a notice of termination must be filed and may permit an election to be retroactive, but not any earlier than with respect to benefits paid after December 31, 1970.
4. The executive director shall notify each nonprofit organization as defined in NRS 612.121 of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. Such determination shall be subject to reconsideration, petitions for hearing and judicial review in accordance with the provisions of this chapter.
5. The amount of reimbursement in lieu of contributions due from each employing unit which has elected to make reimbursement in lieu of contributions shall be determined by the executive director as soon as practicable after the end of each calendar quarter or at the end of any other period as determined by the executive director. The executive director shall bill each employing unit which has elected to make reimbursement in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter which is attributable to service in the employ of the employing unit. Amounts due under this subsection shall be paid not later than 30 days after a bill is mailed to the last-known address of the employing unit. If payment is not made on or before the date due and payable, the whole or any part thereafter remaining unpaid shall bear interest at the rate of one-half percent per month or fraction thereof, from and after the due date until payment is received by the executive director. The amount of payments due hereunder, but not paid, may be collected by the executive director, together with interest and penalties, if any, in the same manner and subject to the same conditions as contributions due from other employers. The amount due specified in any bill from the executive director shall be conclusive and binding on the employing unit, unless not later than 15 days after the bill was mailed to its last-known address, the employing unit files an application for redetermination. A redetermination made under this subsection shall be subject to petition for hearing and judicial review in accordance with the provisions of this chapter. Payments made by any nonprofit organization under the provisions of this section shall not be deducted, in whole or in part, from the wages of individuals in employment for such organization.
6. Benefits are payable on the basis of employment to which this section applies, in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other employment subject to this chapter, except that, notwithstanding any other provisions of this chapter, benefits based on service in an instructional, research or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between 2 successive academic years, or during a similar period between 2 regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individuals contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.
κ1973 Statutes of Nevada, Page 1368 (CHAPTER 708, SB 157)κ
same conditions as benefits payable on the basis of other employment subject to this chapter, except that, notwithstanding any other provisions of this chapter, benefits based on service in an instructional, research or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between 2 successive academic years, or during a similar period between 2 regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individuals contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.
7. In determining contribution rates assigned to employers under this chapter, the payrolls of employing units liable for payments in lieu of contributions shall not be included in computing the contribution rates to be assigned to employers under this chapter. The reimbursement in lieu of contributions paid by or due from such employing units shall be included in the total assets of the fund in the same manner as contributions paid by other employers.
8. The provisions of NRS 612.550 do not apply to employers who elect reimbursement in lieu of contributions.
9. Except as inconsistent with the provisions of this section, the provisions of this chapter and regulations of the executive director shall apply to any matter arising pursuant to this section.
Sec. 20. NRS 612.555 is hereby amended to read as follows:
612.555 Any employing unit which becomes an employer subject to this chapter within any calendar quarter [shall be] is subject to this chapter from the beginning of that quarter [.] , except that any nonprofit organization as defined in NRS 612.121 which becomes subject to this chapter within any calendar year is subject to this chapter for the whole of such calendar year.
Sec. 21. NRS 612.560 is hereby amended to read as follows:
612.560 1. Except as otherwise provided in NRS 612.565 to 612.580, inclusive [, an] :
(a) An employing unit shall cease to be an employer subject to this chapter at any time when it [shall appear] appears to the satisfaction of the executive director that during each of the 4 completed calendar quarters immediately preceding such finding, such employing unit [had not employed] did not employ in employment subject to this chapter one or more persons in any calendar quarter wherein such employing unit had a payroll of $225 or more.
(b) At any time when it appears to the satisfaction of the executive director that any nonprofit organization, defined as a community chest, fund or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office, does not qualify for coverage under NRS 612.121 because it does not meet the requirements of subparagraph (2) of paragraph (b) of subsection 1 of such section, such organization shall cease to be an employer subject to this chapter.
κ1973 Statutes of Nevada, Page 1369 (CHAPTER 708, SB 157)κ
of statements), any political campaign on behalf of any candidate for public office, does not qualify for coverage under NRS 612.121 because it does not meet the requirements of subparagraph (2) of paragraph (b) of subsection 1 of such section, such organization shall cease to be an employer subject to this chapter.
2. For the purposes of this section, the two or more employing units mentioned in subsection 2 or 3 of NRS 612.055 shall be treated as a single employing unit.
Sec. 22. NRS 612.575 is hereby amended to read as follows:
612.575 1. The governing board or officers of any department of the State of Nevada, or of any county, city or other political subdivision of the State of Nevada, or of any instrumentality of any such department or political subdivision, may, by resolution of the majority of its members, elect to become an employer subject to this chapter for not less than 2 calendar years.
2. This section does not apply to state hospitals and institutions of higher education, since coverage for these institutions is mandatory.
3. Upon filing a certified copy of such resolution with the executive director and with his written approval, such department, political subdivision or instrumentality shall become an employer subject [hereto] to this chapter to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject hereto as of January 1 of any calendar year subsequent to such 2 calendar years only if at least 30 days prior to such January 1 it has filed with the executive director a written notice to that effect.
4. Any political subdivision of the State of Nevada may elect to cover under this chapter service performed by employees in all of the hospitals and institutions of higher education operated by such political subdivision, and the approval of the executive director is not required. Benefits are payable on the basis of employment with such political subdivisions, in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other employment subject to this chapter, except that, notwithstanding any other provisions of this chapter, benefits based on service in an instructional, research or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between 2 successive academic years, or during a similar period between 2 regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individuals contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.
5. Contributions shall be paid by any such department, political subdivision or instrumentality and shall be a proper charge upon the funds of such department, political subdivision or instrumentality. For the purposes of subsection 4, payments for contributions shall be by way of reimbursement in lieu of contributions.
Sec. 23. NRS 612.020, 612.050, 612.150 and 612.345 are hereby repealed.
κ1973 Statutes of Nevada, Page 1370 (CHAPTER 708, SB 157)κ
Sec. 24. Section 18 of this act shall become effective at 12:01 a.m. on July 1, 1973. All other sections of this act shall become effective on July 1, 1973.
________
Senate Bill No. 204Committee on Judiciary
CHAPTER 709
AN ACT relating to probation; providing more explicit definition of offenses for which no probation is possible under the Uniform Controlled Substances Act.
[Approved April 30, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.185 is hereby amended to read as follows:
176.185 1. Whenever any person has been found guilty in a district court of the State of Nevada of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping, forcible rape, [or] an offense punishable under paragraph (a) of subsection 1 of NRS 212.090 [,] and other cases where probation is forbidden by law, may by its order suspend the execution of the sentence imposed and grant such probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of the infamous crime against nature, of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.190, 201.210 or 201.230, is received by the court.
2. The district judge shall not grant probation until a written report is received by him from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, and if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.
3. Upon the granting of such probation, the court shall have full power to fix the terms and conditions thereof in order therefor; but in imposing sentence the court shall have the power to fix the definite term of imprisonment within the minimum and maximum periods fixed by law, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence.
4. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the board and of the chief parole and probation officer.
5. The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.255, inclusive, direct the clerk of such court to certify a copy of the records in the case and deliver the same to the chief parole and probation officer.
Sec. 2. NRS 453.321 is hereby amended to read as follows:
453.321 1. Except as authorized by this chapter, it is unlawful for any person to sell, exchange, barter, supply or give away a controlled or counterfeit substance.
κ1973 Statutes of Nevada, Page 1371 (CHAPTER 709, SB 204)κ
any person to sell, exchange, barter, supply or give away a controlled or counterfeit substance.
2. Any person 21 years of age or older 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. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.
(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 offender shall be punished by imprisonment in the state prison for life without possibility of parole. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory, or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.
(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. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.
(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.
The term of imprisonment imposed pursuant to this subsection shall be served without possibility of probation.
3. Any person who is under 21 years of age and is convicted: [of]
(a) 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.
κ1973 Statutes of Nevada, Page 1372 (CHAPTER 709, SB 204)κ
more than 20 years, with possibility of probation. [For a second or subsequent conviction, any such person]
(b) Of a second or subsequent offense otherwise punishable under subsection 2 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.
Sec. 3. NRS 453.321 is hereby amended to read as follows:
453.321 1. Except as authorized by 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 21 years of age or older 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. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.
(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 offender shall be punished by imprisonment in the state prison for life without possibility of parole. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory, or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.
(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 I year nor more than 10 years and may be further punished by a fine of not more than $2,000. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.
(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.
κ1973 Statutes of Nevada, Page 1373 (CHAPTER 709, SB 204)κ
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.
The term of imprisonment imposed pursuant to this subsection shall be served without possibility of probation.
3. Any person who is under 21 years of age and is convicted: [of]
(a) 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]
(b) Of a second or subsequent offense otherwise punishable under subsection 2 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.
Sec. 4. 1. Section 1 of this act shall not become effective if Senate Bill 545 of the 57th session of the Nevada legislature becomes law.
2. Section 2 of this act shall not become effective if Senate Bill 342 of the 57th session of the Nevada legislature becomes law.
3. Section 3 of this act shall not become effective if Senate Bill 342 of the 57th session of the Nevada legislature does not become law.
Sec. 5. This act shall become effective at 12:02 a.m. on July 1, 1973.
________
Senate Bill No. 226Senator Pozzi
CHAPTER 710
AN ACT entitling every citizen without a drivers license to obtain an identification card; providing for preparation and issuance of the cards by the department of motor vehicles; providing fees for such cards; providing penalties; 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 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. The legislature finds and declares that:
1. A need exists in this state for the creation of a system of identification for citizens who do not hold a drivers license.
2. These citizens should be provided a convenient means to identify themselves so that they may take full advantage of various public and private services, privileges, discounts and other benefits for which appropriate identification is required.
3. To serve this purpose, official identification cards should be prepared for issuance to those citizens who wish to apply for them. The cards should be designed in such form, and distributed pursuant to such controls, that they will merit the general acceptability of drivers licenses for personal identification.
κ1973 Statutes of Nevada, Page 1374 (CHAPTER 710, SB 226)κ
Sec. 3. As used in this act:
1. Citizen means a person over 60 years of age who is a resident of this state at the time he applies for an identification card.
2. Identification card means a card issued in accordance with this act to provide citizens a convenient means of personal identification.
Sec. 4. 1. Every citizen who does not hold a Nevada drivers license and makes an application as provided in this act is entitled to receive an identification card.
2. The department of motor vehicles shall charge and collect the same fees for issuance of an original, duplicate or changed identification card as for a drivers license.
Sec. 5. The director of the department of motor vehicles shall:
1. Prepare suitable identification cards.
2. Prepare and furnish application forms for such cards.
3. Receive applications, grant or deny them and maintain files of applications.
4. Issue identification cards, recall and cancel cards when necessary, and maintain records adequate to preserve the integrity of the identification card system.
5. Adopt and promulgate such regulations as are necessary to effectuate the purposes of this act.
Sec. 6. 1. The form of the identification cards shall be similar to that of drivers licenses but distinguishable in color or otherwise.
2. Identification cards shall not authorize the operation of any motor vehicle.
3. Identification cards shall include the following information concerning the holder:
(a) Name and sample signature of holder.
(b) Social security number or serial number of holders card.
(c) Personal description or photograph.
(d) Date of birth.
(e) Current address.
Sec. 7. 1. Every application for an identification card shall be made upon a form provided by the department of motor vehicles and shall include:
(a) The applicants full name.
(b) His social security number, if any.
(c) His date of birth.
(d) His state of legal residence.
(e) His current address.
(f) A statement that he does not possess a valid Nevada drivers license.
2. When the form is completed, the applicant shall sign the form and verify the contents before a person authorized to administer oaths.
Sec. 8. Every applicant for an identification card shall furnish proof of his age by presenting a birth certificate, baptismal certificate or other proof acceptable to the department of motor vehicles and shall provide such other corroboration of the matters stated in his application as are required of applicants for a drivers license.
Sec. 9. 1. An identification card, once issued, remains valid so long as the facts and circumstances declared in the application and stated in the card do not change.
κ1973 Statutes of Nevada, Page 1375 (CHAPTER 710, SB 226)κ
as the facts and circumstances declared in the application and stated in the card do not change.
2. The holder of an identification card shall promptly report any change in such information to the department of motor vehicles.
3. Any change occurring in the holders address or name (as the result of marriage or otherwise) or any loss of an identification card shall be reported within 10 days of the occurrence to the department of motor vehicles.
Sec. 10. 1. Upon furnishing information that his identification card is lost or destroyed and paying the prescribed fee, the person to whom the original was issued may obtain a duplicate by paying the fee prescribed by section 4 of this act.
2. If the original of a duplicated card is subsequently recovered or a lost card is found, the person having possession shall return it immediately to the department of motor vehicles.
Sec. 11. A person who commits any of the following acts is guilty of a misdemeanor:
1. Forges or alters an identification card or knowingly possesses an altered or forged identification card.
2. Refuses to surrender an identification card for cancellation when so directed by the department of motor vehicles.
3. Lends his identification card to another person for the others use, or uses a card issued to another person.
4. Willfully fails to surrender to the department of motor vehicles within 10 days anothers identification card coming into his possession or to return it to the proper holder.
________
Senate Bill No. 270Senators Herr, Swobe, Foley, Raggio, Drakulich, Echols, Walker, Close, Blakemore, Young, Wilson, Pozzi, Bryan, Dodge and Hecht
CHAPTER 711
AN ACT relating to employees in private employment; increasing and equalizing the statutory hourly wages for men and women; 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 608.250 is hereby amended to read as follows:
608.250 1. [Except as otherwise provided in subsections 3 and 4, the] The minimum wages which may be paid to male persons in private employment within the state are as follows:
(a) For minors under 18 years of age:
(1) From [April 16, 1969, until February 1, 1970, $1.15 per hour.] July 1, 1973, until July 1, 1974, $1.65 per hour.
κ1973 Statutes of Nevada, Page 1376 (CHAPTER 711, SB 270)κ
(2) From [February 1, 1970, to February 1, 1971, $1.30 per hour] July 1, 1974, $1.85 per hour.
[(3) From February 1, 1971, $1.45 per hour.]
(b) For persons 18 years of age or older:
(1) From [April 16, 1969, until February 1, 1970, $1.30 per hour.] July 1, 1973, until July 1, 1974, $1.80 per hour.
(2) From [February 1, 1970, to February 1, 1971, $1.45 per hour.] July 1, 1974, $2 per hour.
[(3) From February 1, 1971, $1.60 per hour.]
2. [Except as otherwise provided in subsections 3 and 5, overtime pay at the rate of 1 1/2 times the employees regular rate of pay shall be paid by an employer to any employee who works more than 8 hours in any 24-hour period or more than 48 hours in any work week.
3. The provisions of subsections 1 and 2 do not apply to male persons in domestic service or in an agricultural pursuit.
4. The provisions of subsection 1 do not apply to male persons whose minimum wages are established by the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201-219).
5. The provisions of subsection 2 do not apply to male persons whose rates of overtime pay are established by, or who are specifically exempted from the provisions of, the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201-219).] The provisions of subsection 1 do not apply to persons in domestic service, in an agricultural pursuit or an outside salesman.
Sec. 2. NRS 609.030 is hereby amended to read as follows:
609.030 1. With respect to the employment of females in private employment in this state, it is the sense of the legislature that the health and welfare of female persons required to earn their livings by their own endeavors require certain safeguards as to hours of service and compensation therefor.
2. The health and welfare of the female workers of this state are of concern to the state and the wisdom of the ages dictates that reasonable hours, not to exceed 8 hours in any 1 day, and 6 days in any calendar week, so as to provide a day of rest and recreation in each calendar week, are necessary to such health and welfare, and, further, that compensation for the work and labor of female workers must be sufficient to maintain that health and welfare.
3. The policy of this state is hereby declared to be:
(a) That 8 hours in any one 13-hour period, and not more than 48 hours in any 1 calendar week, and not more than 6 days in any calendar week are the maximum number of hours and days female workers shall be employed in private employment, with certain exceptions; and
(b) That the minimum wages which may be paid to female workers under the age of 18 years in this state are as follows:
(1) From [April 10, 1969, until February 1, 1970, $1.15 per hour.] July 1, 1973, until July 1, 1974, $1.65 per hour.
(2) From [February 1, 1970, to February 1, 1971, $1.30 per hour.] July 1, 1974, $1.85 per hour; and
[(3) From February 1, 1971, $1.45 per hour; and]
κ1973 Statutes of Nevada, Page 1377 (CHAPTER 711, SB 270)κ
(c) That the minimum wages which may be paid to female workers 18 years of age or over in this state are as follows:
(1) From [April 10, 1969, until February 1, 1970, $1.30 per hour.] July 1, 1973, until July 1, 1974, $1.80 per hour.
(2) From [February 1, 1970, to February 1, 1971, $1.45 per hour.] July 1, 1974, $2 per hour.
[(3) From February 1, 1971, $1.60 per hour.]
Sec. 3. NRS 609.060 is hereby amended to read as follows:
609.060 1. During a probationary period of not to exceed 3 months, which need not be consecutive, the employer and his employee or employees may stipulate that the provisions of NRS 609.010 to 609.180, inclusive, which provide the amounts of minimum wages which may be paid to female workers shall not apply; but in all cases where such a stipulation has been entered into:
(a) The employer shall pay to such female employees under the age of 18 years:
(1) From [April 10, 1969, until February 1, 1970, not less than 92.5 cents per hour.] July 1, 1973, until July 1, 1974, $1.43 per hour.
(2) From [February 1, 1970, to February 1, 1971, not less than $1.08 per hour.] July 1, 1974, $1.63 per hour; and
[(3) From February 1, 1971, not less than $1.23 per hour; and]
(b) The employer shall pay to such female employees 18 years of age or over:
(1) From [April 10, 1969, until February 1, 1970, not less than $1.05 per hour.] July 1, 1973, until July 1, 1974, $1.55 per hour.
(2) From [February 1, 1970, to February 1, 1971, not less than $1.20 per hour.] July 1, 1974, $1.75 per hour.
[(3) From February 1, 1971, not less than $1.35 per hour.]
All other provisions of NRS 609.010 to 609.180, inclusive, shall in all other respects govern hours and wages of female employees during the stipulated probationary period.
2. At the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period by the same employer regardless of differences in the type of work or by another employer where such employment is of a similar nature as the services performed during the probationary period.
3. If any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in the certificate of the former employer is in issue, the presumption shall be that the work assigned to the female by the second employer is of a similar nature to that certified to by the former employer of the female of which such employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon the employer to show the contrary.
4. The fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named in NRS 609.010 to 609.180, inclusive, shall not relieve the employer at the close of the period of service of the employee of 3 months of service from the obligation to deliver to the female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to such employee, as well as to future prospective employers.
κ1973 Statutes of Nevada, Page 1378 (CHAPTER 711, SB 270)κ
services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named in NRS 609.010 to 609.180, inclusive, shall not relieve the employer at the close of the period of service of the employee of 3 months of service from the obligation to deliver to the female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to such employee, as well as to future prospective employers.
________
Senate Bill No. 380Committee on Finance
CHAPTER 712
AN ACT relating to the interest paid on state money in banks; providing that interest earned on the deposit of money from certain funds be credited to the respective funds; 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 356.087 is hereby amended to read as follows:
356.087 1. Excpt as provided in [subsection 2,] subsections 2 and 3, all interest paid on money belonging to the State of Nevada shall be deposited in the general fund.
2. At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of total deposits of state moneys pursuant to the provisions of this chapter which were attributable during such quarter to the state highway fund created by NRS 408.235;
(b) Apply such proportion to the total amount of interest paid during such quarter to the state treasurer on deposits of state moneys; and
(c) Credit to the state highway fund an amount equal to the amount arrived at by the computation in paragraph (b).
3. The legislators retirement fund, the public employees retirement fund, the state permanent school fund and the fish and game fund shall have allocated to it its proportionate share of the interest earned and received, which interest shall be accounted for as income and an asset of such fund.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 1379κ
Senate Bill No. 389Committee on Finance
CHAPTER 713
AN ACT relating to the Marlette Lake water system; removing all authority of the director of the department of administration to sell or lease the system, except as to a portion of the water distribution facilities which may be sold to Virginia City; directing him to develop a plan to improve the storage and distribution system and to establish an equitable rate structure for sale of water; making an appropriation for an engineering study; and providing other matters properly relating thereto.
[Approved April 30, 1973]
Whereas, The legislature has heretofore found and declared that the acquisition of the Marlette Lake water system was expedient and advisable for the protection and preservation of the natural resources of the state and for the purposes of obtaining the benefits thereof and continuing such benefits in future years for the state and its citizens; and
Whereas, The legislature has a continuing responsibility to insure that the Marlette Lake water system remains available to supply the water needs of citizens living in communities situated over a wide area; and
Whereas, The Marlette Lake water distribution system is presently in a deteriorating condition and should be improved and modernized to develop its full utility; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.160 is hereby amended to read as follows:
331.160 1. The Marlette Lake water system, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.
2. The purposes of the Marlette Lake water system are:
(a) To provide adequate supplies of water to the areas served.
(b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.
(c) To sell water under equitable and fiscally sound contractual arrangements. Any such contractual arrangements shall not include the value of the land comprising the watershed as an element in determining the cost of water sold.
3. The department of administration is designated as the state agency to supervise and administer the functions of the Marlette Lake water system.
4. The director of the department of administration may [:
(a) Assign] assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the department or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive. [; or
(b) Sell or lease the Marlette Lake water system, if and in such manner as provided by special law.]
5. The director of the department of administration shall:
κ1973 Statutes of Nevada, Page 1380 (CHAPTER 713, SB 389)κ
(a) Develop a plan and program to improve and modernize the existing water storage and distribution system to its full utilization.
(b) Establish the value of water to be distributed from the system.
(c) Include in the water rate structure provisions for recovery, over a reasonable period, of the major capital costs of improving and modernizing the system.
(d) Assure that the rate structure is equitable for all present and potential customers.
6. Subject to the limit of funds provided by legislative appropriation or expenditures authorized pursuant to the provisions of chapter 353 of NRS, or both, the chief of the division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive. The water system supervisor employed by the private owner of the system on the date of acquisition by the State of Nevada shall be employed by the chief of the division, which position shall be in the unclassified service of the state until such employee terminates his employment with the state. Such employee shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182. Thereafter such position shall be in the classified service of the state.
Sec. 2. NRS 331.165 is hereby amended to read as follows:
331.165 1. The Marlette Lake water system advisory committee is hereby created to be composed of:
(a) One representative appointed by the state board of fish and game commissioners.
(b) One representative appointed by the state park advisory commission.
(c) Two legislators appointed by the legislative commission.
(d) One member of the staff of the legislative counsel bureau designated by the legislative commission.
(e) One member appointed by the state forester firewarden.
2. Members of the advisory committee shall serve at the pleasure of their respective appointing authorities and shall receive necessary per diem allowances and travel expenses in the amounts specified by law.
3. [The advisory committee may make recommendations to the interim finance committee, the department of administration and the governor concerning any proposed sale or lease of the Marlette Lake water system or any part thereof, but such recommendations shall not bind the interim finance committee, the department of administration or the governor.
4.] The advisory committee shall assist the state department of conservation and natural resources in performing the duties imposed upon that department by NRS 331.170.
Sec. 3. NRS 331.170 is hereby amended to read as follows:
331.170 1. The state department of conservation and natural resources shall control and administer the land acquired by the State of Nevada with the purchase of the Marlette Lake water system, to assure its optimum use for recreation, water development, forestry and fishery.
2. The state department of conservation and natural resources shall cooperate with the department of administration: [or its vendee or lessee of the water system:]
κ1973 Statutes of Nevada, Page 1381 (CHAPTER 713, SB 389)κ
(a) To preserve and protect the sources of water; and
(b) To preserve and improve the watershed.
3. The state department of conservation and natural resources shall cooperate with the state board of fish and game commissioners in the use of Marlette Lake and its tributaries for fishery and propagation.
Sec. 4. Section 6 of an act entitled An Act relating to the Marlette Lake water system; providing separately for the administration of land and for the administration, sale or lease of the water supply system; making appropriations; and providing other matters properly relating thereto, being chapter 496, Statutes of Nevada 1969, at page 873, is hereby amended to read as follows:
Section 6. [If a sale or lease is effected pursuant to sections 4 or 5 of this act, the] The Nevada state park system may establish on the parcel of land situated in section 36, T. 16 N., R. 19 E., M.D.B. & M., containing the building and water facilities at Lakeview Hill and more fully described in chapter 462, Statutes of Nevada 1963, at page 1304, a picnic area and visitors center for the explanation of the Marlette Lake water system and its historic syphon.
Sec. 5. Sections 4 and 5 of an act entitled An Act relating to the Marlette Lake water system; providing separately for the administration of land and for the administration, sale or lease of the water supply system; making appropriations; and providing other matters properly relating thereto, being chapter 496, Statutes of Nevada 1969, as amended by chapter 410, Statutes of Nevada 1971, at page 832, are hereby repealed.
Sec. 6. The title of chapter 496, Statutes of Nevada 1969, at page 871, is hereby amended to read as follows:
An Act relating to the Marlette Lake water system; providing separately for the administration of land and for the administration [, sale or lease] of the water supply system; making appropriations; and providing other matters properly relating thereto.
Sec. 7. There is hereby appropriated from the general fund in the state treasury to the department of administration the sum of $183,720 for the purpose of procuring an engineering study for the development of the Marlette Lake water system. The engineering study shall include a timetable for the development of each portion of the system, the estimated cost of developing each portion of the system, and specifications in sufficient detail and form to proceed to bid for any improvements required.
Sec. 8. Notwithstanding any other provision of law, the department of administration may sell the water distribution facilities of the Marlette Lake water system serving Virginia City from below the syphon inlet tanks to and including Five-Mile Reservoir, to the unincorporated town of Virginia City, Storey County, subject to the approval of the interim finance committee.
Sec. 9. Assembly Bill 894 of the 57th session of the legislature is hereby repealed.
Sec. 10. 1. Sections 1 to 8, inclusive, of this act and this section shall become effective upon passage and approval.
κ1973 Statutes of Nevada, Page 1382 (CHAPTER 713, SB 389)κ
2. Section 9 of this act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 490Committee on Ecology and Public Resources
CHAPTER 714
AN ACT relating to the Lake Tahoe Basin; establishing the Nevada Tahoe regional planning agency; providing penalties; 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 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 26, inclusive, of this act.
Sec. 2. The legislature finds and declares that:
1. The waters of Lake Tahoe and other resources of the Lake Tahoe region are threatened with deterioration or degeneration, which may endanger the natural beauty and economic productivity of the region.
2. By virtue of the special conditions and circumstances of the natural ecology, developmental pattern, population distribution and human needs in the Lake Tahoe region, the region is experiencing problems of resource use and deficiencies of environmental control.
3. There is a need to maintain an equilibrium between the regions natural endowment and its manmade environment, and to preserve the scenic beauty and recreational opportunities of the region.
4. For the purpose of enhancing the efficiency and governmental effectiveness of the region, it is imperative that there be established an areawide planning agency with power to exercise effective environmental controls and to perform other essential functions.
5. It is not the intent of sections 2 to 26, inclusive, of this act to impose a moratorium upon construction of facilities or limit the development of facilities subject to the provisions of sections 2 to 26, inclusive, of this act or to rezone areas subject to the provisions of such sections.
6. Every application referred to the agency created by sections 2 to 26, inclusive, of this act shall be considered individually as to its effect on the facilities necessary for people and traffic and whether or not the granting of such application would exceed the capacity of the environment to tolerate development in those particular areas under the jurisdiction of the agency.
Sec. 3. As used in sections 2 to 26, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in sections 4 to 7, inclusive, of this act.
Sec. 4. Agency means the Nevada Tahoe regional planning agency.
Sec. 5. Governing body means the governing body of the agency.
Sec. 6. Planning commission means the advisory planning commission.
κ1973 Statutes of Nevada, Page 1383 (CHAPTER 714, SB 490)κ
Sec. 7. Region includes Lake Tahoe and the adjacent parts of Carson City and the counties of Douglas and Washoe lying within the Tahoe Basin in the State of Nevada. The region defined and described in this section shall be precisely delineated on official maps of the agency.
Sec. 8. 1. The Nevada Tahoe regional planning agency is hereby created as a separate legal entity.
2. The governing body of the agency shall consist of the Nevada members of the Tahoe regional planning agency created by the Tahoe Regional Planning Compact.
Sec. 9. The terms of office of the members of the governing body shall coincide with the terms of office of such persons as members of the Tahoe regional planning agency.
Sec. 10. The position of a member of the governing body is vacated upon his loss of any of the qualifications required for his appointment, and the appointing authority shall appoint a successor.
Sec. 11. The members of the agency shall serve without compensation, but are entitled to receive the per diem expense allowances and travel expenses provided by law for city, county and state employees, respectively. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by sections 2 to 26, inclusive, of this act, unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
Sec. 12. The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.
Sec. 13. 1. The governing body of the agency shall meet at the call of the chairman or on the request of any two members. All meetings shall be open to the public to the extent required by the law applicable to local governments at the time such meeting is held.
2. Notice of any meeting so called shall be given by publishing the date, place and agenda at least 5 days prior to the meeting in a newspaper or combination of newspapers whose circulation is general throughout the region and in Carson City and in each county a portion of whose territory lies within the region.
Sec. 14. 1. A majority of the members of the governing body constitute a quorum for the transaction of the business of the agency. A majority vote of the members present shall be required to take action with respect to any matter. The vote of each member of the governing body shall be individually recorded.
2. The governing body may in other respects adopt its own rules of procedure.
Sec. 15. 1. The agency shall establish and maintain an office within the state. The agency may rent property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of the State of Nevada shall be open to inspection and copying during regular office hours.
2. The agency shall be deemed to be a local government for the purposes of the Local Government Budget Act.
Sec. 16. The agency shall appoint an advisory planning commission to serve in an advisory capacity to the agency.
κ1973 Statutes of Nevada, Page 1384 (CHAPTER 714, SB 490)κ
to serve in an advisory capacity to the agency. The planning commission shall include but shall not be limited to:
1. The chief planning officers of Carson City and the counties of Douglas and Washoe;
2. The county health officer of Douglas County or his designee;
3. The county health officer of Washoe County or his designee;
4. The chief of the bureau of environmental health of the health division of the department of health, welfare and rehabilitation or his designee;
5. The executive officer of the Nevada Tahoe regional planning agency, who shall act as chairman; and
6. At least two lay members, each of whom shall be a resident of the region.
Sec. 17. 1. The governing body may determine the qualifications of and appoint an executive officer for the agency and may, within the limits of available funds, fix the salary of such executive officer. The governing body may also, within the limits of available funds, employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under sections 2 to 26, inclusive, of this act or in accordance with any intergovernmental contracts or agreements which the agency may be responsible for administering.
2. The agency is a public employer for the purposes of chapter 286 of NRS, and a public agency for the purposes of chapter 287 of NRS.
Sec. 18. 1. When an application for approval of the development or construction of a business or recreational establishment subject to the provisions of sections 2 to 26, inclusive, of this act has been submitted to the appropriate local authority, and the local authority has made its final determination of approval, the application shall be referred forthwith to the agency for review as to environmental impact and effect. The agency shall consider each application on an individual basis and shall, by resolution, either approve, approve with conditions or disapprove each application within 30 days plus notice and publication time as provided in subsection 3. A resolution adopted by the agency approving the application shall be required before the applicant may proceed with such development or construction.
2. The governing body shall adopt all necessary ordinances, rules, regulations and policies for the determination of environmental impact and effect, for the approval or disapproval of individual applications and for otherwise implementing the provisions of sections 2 to 26, inclusive, of this act. Such ordinances, rules, regulations and policies shall include but need not be limited to criteria for determining the effect of each proposal upon the availability of services, public facilities and natural resources, and the capacity of the environment to tolerate additional development.
3. Whenever an application is referred to the agency for review, the agency shall take final action upon whether to approve, to require modification or to reject such application within 30 days after such application is delivered to the agency, plus the 5-day notice and publication period required by subsection 2 of section 13 of this act. If the agency does not take final action within such 30-day period plus notice and publication time, the application shall be deemed approved.
κ1973 Statutes of Nevada, Page 1385 (CHAPTER 714, SB 490)κ
4. Except as otherwise provided in sections 2 to 26, inclusive, of this act, agency procedures shall be subject to the provisions of chapter 233B of NRS.
Sec. 19. 1. Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region.
2. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.
Sec. 20. All ordinances, rules, regulations and policies adopted by the agency shall be enforced by the agency and by Carson City and the counties. The appropriate courts of this state, each within its limits of territory and subject matter provided by law, are vested with jurisdiction over civil actions to which the agency is a party and criminal actions for violations of its ordinances, rules and regulations.
Sec. 21. Violation of any ordinance, rule and regulation of the agency is a misdemeanor.
Sec. 22. 1. The agency may fix and collect reasonable fees for any services rendered by it.
2. The agency may receive gifts, donations, subventions, grants and other financial aids and funds.
Sec. 23. 1. It is unlawful for any member of the governing body of the agency to be interested, directly or indirectly, in any contract made by him, or be a purchaser or be interested, directly or indirectly, in any purchase of a sale made by him in the discharge of his official duties.
2. All contracts made in violation of subsection 1 may be declared void at the instance of the agency, or of any other party interested in such contract, except the member prohibited from making or being interested in such contract.
3. Any person who violates the provisions of this section is guilty of a gross misdemeanor and shall forfeit his office.
Sec. 24. In the region of this state for which there has been created by sections 2 to 26, inclusive, of this act a regional planning agency, the powers conferred by this chapter upon any other authority with respect to the business and recreational establishments subject to the provisions of sections 2 to 26, inclusive, of this act are subordinate to the powers of such regional planning agency, and may be exercised only to the extent that their exercise does not conflict with any ordinance, rule, regulation or policy adopted by such regional planning agency.
Sec. 25. The Nevada Tahoe regional planning agency shall exercise authority, powers and functions within the region pursuant to sections 2 to 26, inclusive, of this act:
1. Only with respect to business and recreational establishments which are required by law to be individually licensed by the State of Nevada, whether or not any such business or establishment was so licensed prior to the effective date of this act or is to be constructed on land which was so zoned or designated in a finally adopted master plan on February 5, 1968, as to permit the construction of any such business or establishment; and
2. Only with respect to authority, powers and functions which are not granted to the Tahoe regional planning agency by the Tahoe Regional Planning Compact or which are excluded, excepted or limited, wholly or partially, from the authority, powers and functions granted to the Tahoe regional planning agency by such compact.
κ1973 Statutes of Nevada, Page 1386 (CHAPTER 714, SB 490)κ
granted to the Tahoe regional planning agency by the Tahoe Regional Planning Compact or which are excluded, excepted or limited, wholly or partially, from the authority, powers and functions granted to the Tahoe regional planning agency by such compact.
Sec. 26. If at any time the State of California or the State of Nevada withdraws from the Tahoe Regional Planning Compact, the agency created by sections 2 to 26, inclusive, of this act shall assume the powers and duties of the Nevada Tahoe regional planning agency created by NRS 278.702 to 278.772, inclusive.
Sec. 27. This act shall become effective upon passage and approval.
________
Senate Bill No. 590Senator Walker
CHAPTER 715
AN ACT relating to the department of health, welfare and rehabilitation; changing the name of such department; reorganizing its structure, powers and duties in the area of rehabilitation; including services to the blind, alcohol and drug abuse and vocational rehabilitation; adding to the powers and duties of the aging services division; 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 232.290 is hereby amended to read as follows:
232.290 As used in NRS 232.290 to 232.350, inclusive, and sections 5 to 8, inclusive, of this act, unless the context requires otherwise:
1. Department means the department of [health, welfare and rehabilitation.] human resources.
2. Director means the director of the department of [health, welfare and rehabilitation.] human resources.
Sec. 2. NRS 232.300 is hereby amended to read as follows:
232.300 1. The department of [health, welfare and rehabilitation] human resources is hereby created.
2. The department shall consist of a director and the following divisions:
(a) Aging services division.
(b) [Alcoholism division.
(c)] Childrens home division.
[(d)] (c) Health division.
[(e)] (d) Mental hygiene and mental retardation division.
[(f)] (e) Nevada girls training center division.
[(g)] (f) Nevada youth training center division.
[(h)] (g) Rehabilitation division.
[(i) Services to the blind division.
(j)] (h) Welfare division.
3. The department shall act as the sole agency responsible for administering the provisions of law relating to its respective divisions.
κ1973 Statutes of Nevada, Page 1387 (CHAPTER 715, SB 590)κ
Sec. 3. NRS 232.320 is hereby amended to read as follows:
232.320 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department. The chief of the aging services division shall be known as the administrator of the aging services division, [the chief of the alcoholism division shall be known as the administrator of the alcoholism division,] the chief of the childrens home division shall be known as the superintendent of the Nevada state childrens home, [the chief of the services to the blind division shall be known as the supervisor of services to the blind,] the chief of the health division shall be known as the state health officer, the chief of the mental hygiene and mental retardation division shall be known as the administrator of the mental hygiene and mental retardation division, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division and the chief of the welfare division shall be known as the state welfare administrator.
2. Be responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427A, inclusive, and 430 to 433, inclusive, of NRS, NRS 435.130 to 435.320, inclusive, chapters 436, 439 to 447, inclusive, 449, 450, 458 and 615 of NRS, and all other provisions of law relating to the functions of the divisions of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions.
3. Have such other powers and duties as provided by law.
Sec. 4. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 8, inclusive, of this act.
Sec. 5. The rehabilitation division of the department shall consist of the administrator and the following bureaus: 1. Bureau of services to the blind.
2. Bureau of alcohol and drug abuse.
3. Bureau of vocational rehabilitation.
Sec. 6. The administrator of the rehabilitation division of the department shall:
1. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS unless federal law or regulation requires otherwise, in which case the administrator shall be in the classified service of the state pursuant to the provisions of such chapter.
2. Be responsible for the administration, through the bureaus of the division, of the provisions of NRS 426.520 to 426.720, inclusive, chapters 458 and 615 of NRS, sections 5 to 8, inclusive, of this act and all other provisions of law relating to the functions of the division and its bureaus, but shall not be responsible for the professional line activities of the bureaus except as specifically provided by law.
Sec. 7. The administrator of the rehabilitation division of the department may employ, within the limits of legislative appropriations and pursuant to the provisions of chapter 284 of NRS, such staff as is necessary to the performance of his duties.
κ1973 Statutes of Nevada, Page 1388 (CHAPTER 715, SB 590)κ
Sec. 8. 1. The administrator of the rehabilitation division of the department shall appoint, with the consent of the director, a head of each bureau in the division, to be known as the chief of his respective bureau.
2. The chief of each such bureau shall:
(a) Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS unless federal law or regulation requires otherwise, in which case the chief shall be in the classified service of the state pursuant to the provisions of such chapter.
(b) Receive an annual salary in an amount determined pursuant to the provisions of chapter 284 of NRS.
(c) Administer the provisions of law relating to his bureau, subject to the administrative supervision of the administrator.
3. The chief of each such bureau may employ, within the limits of legislative appropriations and pursuant to the provisions of chapter 284 of NRS, such staff as is necessary to the performance of his duties.
Sec. 9. NRS 426.520 is hereby amended to read as follows:
426.520 As used in NRS 426.520 to 426.610, inclusive, and section 10 of this act, unless the context otherwise requires:
1. Administrator means the administrator of the division.
2. Blind person means any person who by reason of loss or impairment of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and shall include any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
[2.] 3. Bureau means the bureau of services to the blind in the rehabilitation division.
4. Chief means the chief of the bureau.
5. Department means the department of human resources.
6. Director means the director of the department.
7. Division means the [services to the blind] rehabilitation division of the department of [health, welfare and rehabilitation.] human resources.
Sec. 10. Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The department shall administer the provisions of NRS 426.520 to 426.610, inclusive, as the sole agency in the state for such purpose.
Sec. 11. NRS 426.550 is hereby amended to read as follows:
426.550 1. [The division shall be the sole agency in the state responsible for the rehabilitation of the blind.
2. The division] The bureau shall be headed by a [supervisor] chief who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of [supervisor of the division.] chief.
[3.] 2. The [supervisor of the division] chief shall be directly responsible to the administrator. [director of the department of health, welfare and rehabilitation.]
[4. The division] 3. The bureau shall:
(a) Assist blind persons in achieving physical and psychological orientation, inform blind persons of available services, stimulate and assist the blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.
κ1973 Statutes of Nevada, Page 1389 (CHAPTER 715, SB 590)κ
blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.
(b) Provide intensive programs of case finding, education, training, job findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting and socially independent.
Sec. 12. NRS 426.555 is hereby amended to read as follows:
426.555 Subject to the approval of the director, [of the department of health, welfare and rehabilitation, the supervisor of the division] the chief or his designated representative shall:
1. Prepare a state plan for the vocational rehabilitation of the blind. The state plan shall be kept up to date and subject to approval of the Federal Government.
2. Prepare reports for the Federal Government pursuant to the Vocational Rehabilitation Act Amendments of 1965 (Title 29 U.S.C., as amended), any future amendments thereof and the regulations promulgated thereunder.
Sec. 13. NRS 426.560 is hereby amended to read as follows:
426.560 1. Subject to the approval of the department, [of health, welfare and rehabilitation,] the division shall [have the power] direct the bureau to make administrative rules and regulations to enforce the provisions of this chapter related to services for the blind, which rules and regulations shall not conflict with the provisions of this chapter.
2. Such rules and regulations shall recognize that the needs and problems of blind persons are special to them and may differ materially from the needs and problems of other persons.
Sec. 14. NRS 426.563 is hereby amended to read as follows:
426.563 Costs of administration of NRS 426.520 to 426.720, inclusive, shall be paid out on claims presented by the [division] bureau in the same manner as other claims against the state are paid.
Sec. 15. NRS 426.565 is hereby amended to read as follows:
426.565 1. There is hereby created the services to the blind [division] revolving fund, which shall be used by the [supervisor of services to the blind] chief for the purpose of providing inventories of tools, aids, appliances, supplies and other accessories used by the blind. The [supervisor] chief shall sell such tools, aids, appliances, supplies and other accessories used by the blind at cost or cost-plus-administration cost and receipts shall be deposited forthwith in the services to the blind [division] revolving fund.
2. The [supervisor of services to the blind] chief shall deposit the money in the services to the blind [division] revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.
3. Purchases made for the purpose of providing and maintaining the inventories authorized by subsection 1 shall be exempt from the provisions of chapter 333 of NRS.
Sec. 16. NRS 426.566 is hereby amended to read as follows:
426.566 1. There is hereby created a [services to] rehabilitation of the blind [division rehabilitation services] revolving fund, in the amount of $5,000, which shall be used, under procedures established by the [division,] bureau and approved by the administrator, for the purposes of payment of:
κ1973 Statutes of Nevada, Page 1390 (CHAPTER 715, SB 590)κ
of $5,000, which shall be used, under procedures established by the [division,] bureau and approved by the administrator, for the purposes of payment of:
(a) The claims of clients and vendors, including maintenance, transportation and other rehabilitation services; and
(b) Vending stand repairs and other similar expenses associated with the establishment and operation of vending stands.
2. Upon written request from the [supervisor of the division,] chief, the state controller is authorized and directed to draw his warrant from funds already appropriated in favor of the [supervisor of the division] chief in the sum of $5,000, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury. The [supervisor of the division] chief shall deposit the money in the [services to] rehabilitation of the blind [division rehabilitation services] revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.
3. Purchases authorized under subsection 1 shall be exempt from the provisions of chapter 333 of NRS.
4. After expenditure of money from the [services to] rehabilitation of the blind [division rehabilitation services] revolving fund, the [supervisor of the division] chief shall present a claim to the state board of examiners to be passed upon as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of such claim in favor of the [services to] rehabilitation of the blind [division rehabilitation services] revolving fund and the state treasurer shall pay the same. Such receipts shall be deposited forthwith in the [services to] rehabilitation of the blind [rehabilitation services] revolving fund.
Sec. 17. NRS 426.567 is hereby amended to read as follows:
426.567 1. The [division] bureau is authorized to accept, with the approval of the governor, gifts, bequests, devises, grants or trusts of funds or property to the [division] bureau or to the State of Nevada for purposes of helping the blind. Any funds received shall be deposited in the state treasury in a fund to be known as the state grant and gift fund for the blind.
2. The state grant and gift fund for the blind shall be a continuing fund without reversion, and money in the fund shall be used for the purposes specified by the donor or for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the [division.] bureau.
Sec. 18. NRS 426.570 is hereby amended to read as follows:
426.570 1. All employees of the [division] bureau shall be directly responsible to the [supervisor of the division.] chief.
2. Such employees shall consist of persons skilled in assisting blind persons to achieve social and economic independence.
Sec. 19. NRS 426.573 is hereby amended to read as follows:
426.573 Information with respect to any individual applying for or receiving services to the blind shall not be disclosed by the [division] bureau or any of its employees to any person, association or body unless such disclosure is related directly to carrying out the provisions of NRS 426.520 to 426.610, inclusive, or upon written permission of the applicant or recipient.
κ1973 Statutes of Nevada, Page 1391 (CHAPTER 715, SB 590)κ
bureau or any of its employees to any person, association or body unless such disclosure is related directly to carrying out the provisions of NRS 426.520 to 426.610, inclusive, or upon written permission of the applicant or recipient.
Sec. 20. NRS 426.575 is hereby amended to read as follows:
426.575 When a blind person who is eligible to receive a maintenance allowance while pursuing a training program administered by the [division] bureau is accepted for such a training program, the [division] bureau may in its discretion pay any installment of such maintenance allowance in advance, based upon the amount allowed to the blind person, and adjust any succeeding payment to reflect actual duration of training during the period for which such advance was made.
Sec. 21. NRS 426.590 is hereby amended to read as follows:
426.590 The [division] bureau is hereby designated as the licensing agency for the purposes of 20 U.S.C. § 107 (a-f), and acts amendatory thereto.
Sec. 22. NRS 426.610 is hereby amended to read as follows:
426.610 1. If any applicant for or recipient of services to the blind is dissatisfied with any action taken by, or failure to act on the part of, the [division] bureau in respect to his case, he shall have the right of appeal to the department [of health, welfare and rehabilitation] and the right to be represented in such appeal by his counsel or agent.
2. The department [of health, welfare and rehabilitation] shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. If such individual feels himself aggrieved by the decision of the department [of health, welfare and rehabilitation] in respect to his case he shall have the right, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the department, [of health, welfare and rehabilitation,] a copy of which shall be certified as correct by the director [of the department of health, welfare and rehabilitation] and filed by the department [of health, welfare and rehabilitation] with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the department [of health, welfare and rehabilitation,] or, if it concludes that the findings of the department are not supported by evidence or that the departments decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the department for further proceedings in conformity with the decision of the court.
Sec. 23. NRS 426.630 is hereby amended to read as follows:
426.630 As used in NRS 426.630 to 426.720, inclusive, unless the context otherwise requires:
1. Blind person means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
κ1973 Statutes of Nevada, Page 1392 (CHAPTER 715, SB 590)κ
2. [Division means the services to the blind division of the department of health, welfare and rehabilitation.] Bureau means the bureau of services to the blind in the rehabilitation division of the department of human resources.
3. Operator means the individual blind person responsible for the day-to-day conduct of the vending stand operation.
4. Public building or property means any building, land or other real property, owned, leased or occupied by any department or agency of the State of Nevada or any of its political subdivisions except public elementary and secondary schools, the University of Nevada System and the Nevada state park system.
5. Vending stand means:
(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the [division] bureau and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
(b) Manual or coin-operated vending machines or similar devices for vending such articles, operated in a particular building, even though no person is physically present on the premises except to service the machines;
(c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages; or
(d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages.
Sec. 23.5. NRS 426.630 is hereby amended to read as follows:
426.630 As used in section 2 of [this act] Assembly Bill 511 of the 57th session of the legislature and NRS 426.630 to 426.720, inclusive, unless the context otherwise requires:
1. Blind person means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
2. [Division means the services to the blind division of the department of health, welfare and rehabilitation.] Bureau means the bureau of services to the blind in the rehabilitation division of the department of human resources.
3. Operator means the individual blind person responsible for the day-to-day conduct of the vending stand operation.
4. Public building or property means any building, land or other real property, owned, leased or occupied by any department or agency of the State of Nevada or any of its political subdivisions except public elementary and secondary schools, the University of Nevada System and the Nevada state park system.
5. Vending stand means:
(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the [division] bureau and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
κ1973 Statutes of Nevada, Page 1393 (CHAPTER 715, SB 590)κ
as may be approved by the [division] bureau and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
(b) Manual or coin-operated vending machines or similar devices for vending such articles, operated in a particular building, even though no person is physically present on the premises except to service the machines;
(c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages; or
(d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages.
Sec. 24. NRS 426.640 is hereby amended to read as follows:
426.640 For the purposes of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons and stimulating blind persons to greater efforts to make themselves self-supporting with independent livelihoods, blind persons licensed under the provisions of NRS 426.630 to 426.720, inclusive, by the [division] bureau have priority of right to operate vending stands in or on any public buildings or properties where the locations are determined to be suitable, pursuant to the procedure provided in NRS 426.630 to 426.720, inclusive.
Sec. 25. NRS 426.650 is hereby amended to read as follows:
426.650 Each head of the department or agency in charge of the maintenance of public buildings or properties shall:
1. Not later than July 1, 1959, notify the [division] bureau in writing of any and all existing locations where vending stands are in operation or where vending stands might properly and satisfactorily be operated.
2. Not less than 30 days prior to the reactivation, leasing, re-leasing, licensing or issuance of permit for operation of any vending stand, inform the [division] bureau of such contemplated action.
3. Inform the [division] bureau of any locations where such vending stands are planned or might properly and satisfactorily be operated in or about other public buildings or properties as may now or thereafter come under the jurisdiction of the department or agency for maintenance, such information to be given not less than 30 days prior to leasing, re-leasing, licensing or issuance of permit for operation of any vending stand in such public building or on such property.
Sec. 26. NRS 426.660 is hereby amended to read as follows:
426.660 To effectuate further the purposes of NRS 426.630 to 426.720, inclusive, when new construction, remodeling, leasing, acquisition or improvement of public buildings or properties is authorized, consideration shall be given to planning and making available suitable space and facilities for vending stands to be operated by blind persons. Within thirty days after the commencement of the planning and design of any such project, written notice shall be given to the [division] bureau by the person or agency having charge of such planning and design.
Sec. 27. NRS 426.665 is hereby amended to read as follows:
426.665 If a suitable location is available for a vending stand which requires the construction of a permanent building, the [division] bureau may construct such building, but only after obtaining approval of the legislature.
κ1973 Statutes of Nevada, Page 1394 (CHAPTER 715, SB 590)κ
may construct such building, but only after obtaining approval of the legislature.
Sec. 28. NRS 426.670 is hereby amended to read as follows:
426.670 The [division] bureau shall:
1. Make surveys of public buildings or properties to determine their suitability as locations for vending stands to be operated by blind persons and advise the heads of departments or agencies charged with the maintenance of such buildings or properties as to their findings.
2. With the consent of the head of the department or agency charged with the maintenance of the buildings or properties, establish vending stands in those locations which the [division] bureau has determined to be suitable, and may enter into leases or licensing agreements therefor.
3. Select, train, license and install qualified blind persons to manage or operate, or both manage and operate, such vending stands.
4. Execute contracts or agreements with blind persons to manage or operate, or both manage and operate, vending stands, which agreements may concern finances, management, operation and other matters concerning such stands.
5. When the [division] bureau deems such action appropriate, impose and collect license fees for the privilege of operating such vending stands.
6. Establish and effectuate such rules and regulations as it may from time to time deem necessary to assure the proper and satisfactory operation of such vending stands. Such rules and regulations shall provide a method for setting aside funds from the gross revenues of vending stand operations, and shall provide for the payment and collection thereof.
7. If the [division] bureau does not have sufficient funds to establish such vending stands, it may enter into contracts for the establishment and operation thereof. Such contracts shall include provision for payment of commissions to the [division] bureau based on revenues of the vending stands. Such commissions may, at the discretion of the [division] bureau, be assigned to licensed vending stand operators for maintenance of income purposes.
8. The [division] bureau may, by rule or regulation, provide a method for amortizing and recovering the cost of establishing vending stands.
Sec. 29. NRS 426.675 is hereby amended to read as follows:
426.675 1. The business enterprise contingent fund for the blind is hereby created in the state treasury.
2. Moneys received by the [division] bureau under the provisions of NRS 426.670, except commissions assigned to licensed vending stand operators, shall:
(a) Be deposited in the business enterprise contingent fund for the blind.
(b) Except as provided in subsection 3, remain in the fund and shall not revert to the general fund in the state treasury.
(c) Be used for the purpose of purchasing, maintaining or replacing vending stands or the equipment therein, and for such other purposes, consistent with NRS 426.640, as may be provided by rule or regulation.
3. If the business enterprise contingent fund for the blind is dissolved, any moneys remaining therein shall revert to the general fund in the state treasury.
κ1973 Statutes of Nevada, Page 1395 (CHAPTER 715, SB 590)κ
any moneys remaining therein shall revert to the general fund in the state treasury.
4. Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of chapter 333 of NRS.
Sec. 30. NRS 426.680 is hereby amended to read as follows:
426.680 1. If, after a vending stand survey as authorized by NRS 426.670, the head of a department or agency in charge of the maintenance of any public building or property rejects or does not act upon a written recommendation of the [division] bureau that a vending stand be established or operated for the employment of blind persons, the matter shall be referred to the director of the department of [health, welfare and rehabilitation] human resources for review.
2. After reviewing the recommendation of the [division,] bureau, the director may refer the matter to the head of the department or agency concerned for further review and disposition.
3. If the director is not satisfied with the decision of the head of the department or agency concerned, the director may refer the matter for final decision and disposition to:
(a) The governor, in the case of state buildings or properties.
(b) The board of county commissioners, in the case of county buildings or properties.
(c) The city council or other governing board of the municipality in the case of municipal buildings or properties.
(d) The governing board of the political subdivision in the case of buildings or properties of other political subdivisions of this state.
Sec. 31. NRS 426.690 is hereby amended to read as follows:
426.690 Vending stands operated under the provisions of NRS 426.630 to 426.720, inclusive, shall be used solely for the vending of such commodities and articles as may be approved by the [division] bureau and by the head of the department or agency in charge of the maintenance of the building or property in or on which such stand is operated.
Sec. 32. NRS 426.710 is hereby amended to read as follows:
426.710 The [division] bureau may, in its discretion, utilize appropriate nonprofit corporations organized under the laws of this state, or other agencies, as trustees to provide day-to-day management and operation services for the vending stand program for the blind. Such corporations or agencies shall be reimbursed for their actual and necessary expenses by the operators of the vending stand units which compose the vending stand program for the blind in accordance with such rules and regulations as may be adopted by the [division] bureau and approved by the department of [health, welfare and rehabilitation.] human resources.
Sec. 33. NRS 426.720 is hereby amended to read as follows:
426.720 1. Persons operating vending stands in public buildings or on public properties as defined in NRS 426.630 prior to March 13, 1959, shall not be affected by the provisions of NRS 426.630 to 426.720, inclusive, except and only insofar as provided by subsection 2 of NRS 426.650.
2. Any blind person who is presently operating a vending stand in or on public buildings or properties who desires to avail himself of the advantages of the program authorized by NRS 426.630 to 426.720, inclusive, shall have the right to do so; and, in such instance, the [division] bureau may negotiate and consummate arrangements for the purchase of such vending stand equipment as it may deem necessary for the satisfactory operation of the vending stand.
κ1973 Statutes of Nevada, Page 1396 (CHAPTER 715, SB 590)κ
inclusive, shall have the right to do so; and, in such instance, the [division] bureau may negotiate and consummate arrangements for the purchase of such vending stand equipment as it may deem necessary for the satisfactory operation of the vending stand.
Sec. 34. NRS 427A.010 is hereby amended to read as follows:
427A.010 The legislature finds and declares that the older people of our state are entitled to receive, and it is the joint and several duty and responsibility of the state and local governments to provide, assistance to secure equal opportunity to the full and free enjoyment of the following objectives:
1. An adequate income in retirement.
2. The best possible physical and mental health which science can make available and without regard to economic status.
3. Suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.
4. Full restorative services for those who require institutional care.
5. Opportunity for employment with no discriminatory personnel practices because of age.
6. Retirement in health, honor and dignity.
7. Pursuit of meaningful activity within the widest range of civic, cultural and recreational opportunities.
8. Efficient community services which provide social assistance in a coordinated manner and which are readily available when needed.
9. Immediate benefit from proven research knowledge which can sustain and improve health and happiness.
10. Freedom, independence and the free exercise of individual initiative in planning and managing their own lives.
11. The benefit of balanced nutrition.
12. Adequate day care center services.
Sec. 35. NRS 427A.020 is hereby amended to read as follows:
427A.020 For the purposes of this chapter:
1. Administrator means the chief of the aging services division of the department. [of health, welfare and rehabilitation.]
2. Day care center means any health and care facility, as defined by NRS 449.011, which is maintained and operated primarily to provide care for one or more elderly disabled persons during the day.
3. Department means the department of [health, welfare and rehabilitation.] human resources.
[3.] 4. Director means the director of the department. [of health, welfare and rehabilitation.]
[4.] 5. Division means the aging services division of the department. [of health, welfare and rehabilitation.]
Sec. 36. NRS 427A.040 is hereby amended to read as follows:
427A.040 1. The division shall:
[1.] (a) Serve as a clearinghouse for information related to problems of the aged and aging.
[2.] (b) Assist the director in all matters pertaining to problems of the aged and aging.
κ1973 Statutes of Nevada, Page 1397 (CHAPTER 715, SB 590)κ
[3.] (c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.
[4.] (d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.
[5.] (e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.
[6.] (f) Gather statistics in the field of aging which other federal and state agencies are not collecting.
[7.] (g) Stimulate more effective use of existing resources and available services for the aged and aging.
(h) Develop and coordinate the implementation of a comprehensive state plan for providing services to meet the needs of older persons.
(i) Coordinate all state and federal funding of service programs to the aging in the state.
(j) Confer with the department as being the sole state agency in the state responsible for administering the provisions of this chapter.
2. The division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter.
Sec. 37. Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 38 to 45, inclusive, of this act.
Sec. 38. The bureau of alcohol and drug abuse is hereby created in the rehabilitation division of the department. The bureau shall:
1. Formulate and operate a comprehensive state plan for alcohol and drug abuse programs which shall include but not be limited to:
(a) A survey of the need for education, prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout the state.
(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.
(c) A survey of the need for trained teachers, health professionals and others involved in alcohol and drug abuse education and prevention and in the treatment and recovery of alcohol and drug abusers, and a plan to provide such necessary treatment.
2. Be responsible for coordinating the implementation of the state plan and coordinating all state and federal funding of alcohol and drug abuse programs in the state. The bureau shall be consulted in project planning and advised of all grant applications from within the state which are concerned with alcohol and drug abuse programs, and shall have the responsibility to review and advise concerning such applications.
3. Develop and publish standards of certification and have the authority to certify or deny certification of facilities on the basis of such standards, and publish a list of such certified facilities. Facilities which are not certified are ineligible to receive state and federal funds for alcohol and drug abuse programs.
4. Upon request from a self-supported facility, have the authority to certify such facility and add it to the list of certified facilities.
Sec. 39. The department shall administer the provisions of this chapter as the sole agency of the State of Nevada for such purpose.
κ1973 Statutes of Nevada, Page 1398 (CHAPTER 715, SB 590)κ
Sec. 40. The department may contract with any appropriate public or private agency, organization or institution in order to carry out the provisions of this chapter.
Sec. 41. Alcohol and drug abusers shall be admitted to public or private general medical hospitals which receive federal or state funds for alcohol and drug abuse programs, and shall be treated in such hospitals on the basis of their medical need. No general medical hospital that violates this section is eligible to receive further federal or state assistance pursuant to the provisions of this chapter.
Sec. 42. 1. The drug abuse receipts fund is hereby created in the state treasury for the use of the bureau.
2. All fees and moneys received by the bureau under the provisions of subsection 3 of NRS 458.103 and 458.105 concerning drug abuse, other than alcohol abuse, shall be deposited in the drug abuse receipts fund.
3. Expenditures from the drug abuse receipts fund shall be made only for the purposes authorized in this chapter.
4. All moneys in the drug abuse receipts fund shall be paid out on claims approved by the chief as other claims against the state are paid.
Sec. 43. There is hereby created in the bureau the alcohol and drug abuse advisory board. The board shall reflect a geographical distribution within the state and shall consist of 13 members, each of whom shall be well informed as to the nature and problem of alcohol and drug abuse. The board members shall be appointed by the governor and shall serve at his pleasure.
Sec. 44. The board shall elect one of its members as chairman. On the call of the chairman, the board shall meet at least once a year.
Sec. 45. 1. To preserve the confidentiality of any information concerning persons applying for or receiving any services under this chapter, the bureau may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the bureau.
2. Wherever information concerning persons applying for and receiving any services under this chapter is furnished to or held by any other government agency or a public or private institution, the use of such records by such agency or institution shall be bound by the confidentiality rules of the bureau.
3. Except for purposes directly connected with the administration of this chapter, no person may disclose, use or permit to be disclosed, any confidential information concerning a person receiving services under the provisions of this chapter.
Sec. 46. NRS 458.010 is hereby amended to read as follows:
458.010 As used in this chapter, unless the context requires otherwise:
1. [Administrator means the administrator of the alcoholism division of the department of health, welfare and rehabilitation.] Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. Alcohol and drug abuser means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
κ1973 Statutes of Nevada, Page 1399 (CHAPTER 715, SB 590)κ
alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
[2.] 3. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, [morals,] safety or welfare of himself or any other person or group of persons.
[3. Arrested alcoholic means an alcoholic who has found a way to live normally without the use of alcoholic beverages.]
4. Board means the state [alcoholism] alcohol and drug abuse advisory board.
5. Bureau means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
6. Chief means the chief of the bureau.
7. Department means the department of human resources.
[5.] 8. Director means the director of the department. [of health, welfare and rehabilitation.]
9. Facility means a public or private institution concerned with the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
Sec. 46.5. NRS 458.010 is hereby amended to read as follows:
458.010 As used in this chapter, unless the context requires otherwise:
1. [Administrator means the administrator of the alcoholism division of the department of health, welfare and rehabilitation.] Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. Alcohol and drug abuser means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
[2.] 3. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, [morals,] safety or welfare of himself or any other person or group of persons.
[3. Arrested alcoholic means an alcoholic who has found a way to live normally without the use of alcoholic beverages.]
4. Board means the state [alcoholism] alcohol and drug abuse advisory board.
5. Bureau means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
6. Chief means the chief of the bureau.
7. Civil protective custody means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
8. Department means the department of human resources.
[6.] 9. Director means the director of the department. [of health, welfare and rehabilitation.]
10. Facility means a public or private institution concerned with the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
Sec. 47. NRS 458.020 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1400 (CHAPTER 715, SB 590)κ
458.020 Nothing in this chapter is affected by the provisions of chapter 449 of NRS, and this chapter and all [rehabilitation centers authorized] facilities certified [hereunder] under this chapter are hereby declared to be exempt and excluded from such provisions.
Sec. 48. NRS 458.040 is hereby amended to read as follows:
458.040 The [administrator] chief shall be:
1. [Experienced in the field of alcoholic rehabilitation.] Appointed on the basis of his education, training and experience as an administrator and his interest in the problems of alcohol and drug abuse.
2. In the unclassified service of the state pursuant to the provisions of chapter 284 of NRS unless federal law or regulation requires otherwise, in which case the chief shall be in the classified service of the state pursuant to the provisions of such chapter.
3. Allowed the per diem expense allowances and travel expenses [as fixed] provided by law.
Sec. 49. NRS 458.043 is hereby amended to read as follows:
458.043 As executive head of the [division, the administrator] bureau, the chief shall:
1. Direct and supervise all administrative and technical activities as provided by this chapter, subject to administrative supervision by the [director.] administrator of the rehabilitation division of the department.
2. Pursuant to the provisions of chapter 284 of NRS, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the [alcoholism division] bureau may require.
Sec. 50. NRS 458.080 is hereby amended to read as follows:
458.080 The [alcoholism division may:
1. By] bureau may, by contracting with organized groups, render partial financial assistance in the operation of [treatment and rehabilitation] facilities established by these groups. Each such contract shall contain a provision allowing the fiscal analyst to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.
[2. Aid such established rehabilitation centers in the procurement of supplies and equipment and act as receiving agent for such centers in the procurement of government surplus from the purchasing division of the department of administration.]
Sec. 51. NRS 458.100 is hereby amended to read as follows:
458.100 The [alcoholism division] bureau may accept any gifts or bequests of personal property, tangible or intangible.
Sec. 52. NRS 458.103 is hereby amended to read as follows:
458.103 The [alcoholism division] bureau may accept:
1. Funds appropriated and made available by any Act of Congress for any program administered by the [alcoholism division] bureau as provided by law.
2. Funds and contributions made available by a county, a city, a public district or any political subdivision of this state for any program administered by the [alcoholism division] bureau as provided by law.
3. Funds, contributions, gifts, grants and devises made available by a public or private corporation, by a group of individuals, or by individuals, for any program administered by the [alcoholism division] bureau as provided by law.
κ1973 Statutes of Nevada, Page 1401 (CHAPTER 715, SB 590)κ
for any program administered by the [alcoholism division] bureau as provided by law.
Sec. 53. NRS 458.105 is hereby amended to read as follows:
458.105 The [administrator] chief may fix reasonable fees for the sale of miscellaneous printed materials pertaining to [alcoholism] alcohol and drug abuse which are purchased or prepared by the [alcoholism division.] bureau.
Sec. 54. NRS 458.110 is hereby amended to read as follows:
458.110 In addition to the activities set forth in [NRS 458.060 to 458.105, inclusive, the alcoholism division] NRS 458.080 to 458.105, inclusive, and sections 38 to 45, inclusive, of this act, the bureau may engage in any activity necessary to effectuate the purposes of this chapter.
Sec. 55. NRS 458.113 is hereby amended to read as follows:
458.113 1. The [alcoholism] alcohol abuse receipts fund is hereby created in the state treasury for the use of the [alcoholism division.] bureau.
2. All fees and moneys received by the [alcoholism division] bureau under the provisions of NRS 458.103 and 458.105, concerning alcohol abuse, shall be deposited in the [alcoholism] alcohol abuse receipts fund.
3. Expenditures from the [alcoholism] alcohol abuse receipts fund shall be made only for the purposes authorized in this chapter.
4. All moneys in the [alcoholism] alcohol abuse receipts fund shall be paid out on claims approved by the [administrator] chief as other claims against the state are paid.
Sec. 56. NRS 458.115 is hereby amended to read as follows:
458.115 Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the [administrator] chief before they are paid.
Sec. 57. NRS 458.220 is hereby amended to read as follows:
458.220 The board is solely advisory in character and is not delegated any administrative authority or responsibility, but it may prescribe rules and regulations for its own management and government. [It may advise the governor and the legislature on the rehabilitation and care of alcoholics.]
Sec. 58. NRS 615.020 is hereby amended to read as follows:
615.020 As used in this chapter the words and terms defined in NRS [615.030] 615.040 to 615.140, inclusive, [shall,] and sections 60 and 61 of this act, unless the context otherwise requires, have the meanings ascribed to them in NRS [615.030] 615.040 to 615.140, inclusive [.] , and sections 60 and 61 of this act.
Sec. 59. Chapter 615 of NRS is hereby amended by adding thereto the provisions set forth as sections 60 and 61 of this act.
Sec. 60. Bureau means the bureau of vocational rehabilitation in the rehabilitation division of the department.
Sec. 61. Chief means the chief of the bureau.
Sec. 62. NRS 615.050 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1402 (CHAPTER 715, SB 590)κ
615.050 Department means the department of [health, welfare and rehabilitation.] human resources.
Sec. 63. NRS 615.060 is hereby amended to read as follows:
615.060 Director means the director of the department. [of health, welfare and rehabilitation.]
Sec. 64. NRS 615.150 is hereby amended to read as follows:
615.150 The department, through the [division,] bureau, shall administer the provisions of this chapter as the sole agency of the State of Nevada for such purpose.
Sec. 65. NRS 615.160 is hereby amended to read as follows:
615.160 The [administrator] chief shall be appointed on the basis of his education, training, experience and demonstrated abilities and of his interest in vocational rehabilitation and related programs.
Sec. 66. NRS 615.180 is hereby amended to read as follows:
615.180 1. The [administrator] chief shall:
(a) Subject to the approval of the [director,] administrator of the rehabilitation division of the department, adopt rules and regulations necessary to carry out the purposes of this chapter;
(b) Establish appropriate administrative units within the [division;] bureau;
(c) Appoint such personnel and prescribe their duties as he deems necessary for the proper and efficient performance of the functions of the [division;] bureau;
(d) Prepare and submit to the governor, through the director, before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter.
(e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and
(f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.
2. The [administrator] chief may delegate to any officer or employee of the [division] bureau such of his powers and duties as he finds necessary to carry out the purposes of this chapter.
Sec. 67. NRS 615.190 is hereby amended to read as follows:
615.190 The [division] bureau shall:
1. Take action necessary or appropriate to carry out the purposes of this chapter; and
2. Cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of handicapped individuals, in studying the problems involved therein, and in planning, establishing, developing and providing such programs, facilities and services as may be necessary or desirable.
Sec. 68. NRS 615.200 is hereby amended to read as follows:
615.200 The [division] bureau may:
1. Enter into reciprocal agreements with other states (which, for this purpose, may include the District of Columbia, Puerto Rico, the Virgin Islands and Guam) to provide for the vocational rehabilitation of individuals within the states concerned;
κ1973 Statutes of Nevada, Page 1403 (CHAPTER 715, SB 590)κ
2. Establish or construct rehabilitation facilities and workshops and make grants to, or contracts or other arrangements with, public and other nonprofit organizations for the establishment of workshops and rehabilitation facilities;
3. Operate facilities for carrying out the purposes of this chapter;
4. In matters relating to vocational rehabilitation:
(a) Conduct research, studies, investigations and demonstrations and make reports;
(b) Provide training and instruction (including the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary);
(c) Disseminate information; and
(d) Render technical assistance; and
5. Provide for the establishment, supervision, management and control of small business enterprises to be operated by severely handicapped persons where their operation will be improved through the management and supervision of the [division.] bureau.
Sec. 69. NRS 615.210 is hereby amended to read as follows:
615.210 1. The State of Nevada accepts the provisions and benefits of the Act of Congress entitled An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment, approved June 2, 1920, and as the same has been or may be amended.
2. In addition to the provisions of subsection 1, the [division] bureau is authorized to accept and direct the disbursement of funds appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with the vocational rehabilitation program.
3. In accepting the provisions and benefits of the Acts of Congress referred to in subsections 1 and 2, the State of Nevada agrees to observe and comply with all of their requirements.
Sec. 70. NRS 615.220 is hereby amended to read as follows:
615.220 1. In order to facilitate the making of vocational rehabilitation disability determinations in this state, the department through the [division,] bureau, on behalf of the State of Nevada, is authorized to enter into an agreement or agreements with the United States Government, by and through the Secretary of Health, Education, and Welfare, or any other federal agency, for the making of disability determinations, receiving and expending federal funds for the making of such determinations, and to perform other acts and functions necessary to effectuate the provisions of any Act of Congress, and with all applicable federal regulations adopted pursuant thereto.
2. The department, by and through the [division,] bureau, shall make the disability determinations required by the provisions of any Act of Congress, and the state treasurer is directed to disburse the funds required for the making of such determinations upon claims by the [administrator] chief in the same manner as other claims against the state are paid.
Sec. 71. NRS 615.230 is hereby amended to read as follows:
615.230 1. The department through the [division] bureau shall make agreements, arrangements or plans to:
κ1973 Statutes of Nevada, Page 1404 (CHAPTER 715, SB 590)κ
(a) Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to vocational rehabilitation and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements, arrangements or plans for vocational rehabilitation; and
(b) Comply with such conditions as may be necessary to secure the full benefits of such federal statutes.
2. Upon designation by the governor, in addition to those provided in subsection 1, the department through the [division] bureau may perform functions and services for the Federal Government relating to individuals under a physical or mental disability.
Sec. 72. NRS 615.240 is hereby amended to read as follows:
615.240 1. The [division] bureau is authorized to comply with such requirements as may be necessary to obtain federal funds in the maximum amount and most advantageous proportion possible.
2. If federal funds are not available to the state for vocational rehabilitation purposes, the department shall include as a part of its budget a request for adequate state funds for vocational rehabilitation purposes.
Sec. 73. NRS 615.250 is hereby amended to read as follows:
615.250 1. The state treasurer is designated as custodian of all moneys received from the Federal Government for carrying out the purposes of this chapter or any agreements, arrangements or plans authorized thereby.
2. The state treasurer shall make disbursements from such funds and from all state funds available for the purposes of this chapter upon certification by the designated official of the [division.] bureau.
Sec. 74. NRS 615.255 is hereby amended to read as follows:
615.255 1. There is hereby created in the state treasury the vocational rehabilitation [division] revolving fund to be used for the payment of claims of clients and vendors under procedures established by the [division.] bureau.
2. Upon written request from the [administrator,] chief, the state controller is authorized and directed to draw his warrant from funds already appropriated in favor of the [administrator] chief in the sum of $5,000, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury. When the warrant is paid, the [administrator] chief shall deposit the $5,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners.
3. After expenditure of money from the revolving fund, the [administrator] chief shall present a claim to the state board of examiners to be passed upon as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of such claim in favor of the vocational rehabilitation [division] revolving fund, to be paid to the order of the [administrator,] chief, and the state treasurer shall pay the same.
κ1973 Statutes of Nevada, Page 1405 (CHAPTER 715, SB 590)κ
Sec. 74.5. NRS 615.255 is hereby amended to read as follows:
615.255 1. There is hereby created in the state treasury the vocational rehabilitation [division] revolving fund in the amount of $10,000 to be used for the payment of claims of clients and vendors under procedures established by the [division.] bureau.
2. Upon written request from the [administrator,] chief, the state controller is authorized and directed to draw his warrant from funds already appropriated in favor of the [administrator] chief in the sum of $5,000, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury. When the warrant is paid, the [administrator] chief shall deposit the $5,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners.
3. After expenditure of money from the revolving fund, the [administrator] chief shall present a claim to the state board of examiners to be passed upon as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of such claim in favor of the vocational rehabilitation [division] revolving fund, to be paid to the order of the [administrator,] chief, and the state treasurer shall pay the same.
4. Moneys in the vocational rehabilitation [division] revolving fund shall not revert to the general fund at the end of the fiscal year, but shall continue in the revolving fund from year to year.
5. Purchases paid for from the vocational rehabilitation [division] revolving fund for the purposes authorized by subsection 1 shall be exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of administration or his designated representative.
Sec. 75. NRS 615.260 is hereby amended to read as follows:
615.260 1. The [division] bureau is authorized and empowered to accept and use gifts made by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the [administrator] chief are proper and consistent with the provisions of this chapter may be held, invested, reinvested and used in accordance with the conditions of the gift.
2. All moneys received as gifts shall be deposited in the state treasury and shall constitute a permanent fund to be called the special maintenance fund for the vocational rehabilitation of disabled persons. Such moneys may be invested, reinvested and used as provided in subsection 1.
Sec. 75.5. NRS 615.260 is hereby amended to read as follows:
615.260 1. The [division] bureau is authorized and empowered to accept and use gifts made by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the [administrator] chief are proper and consistent with the provisions of this chapter may be held, invested, reinvested and used in accordance with the conditions of the gift.
2. All moneys received as gifts shall be deposited in the state treasury and shall constitute a permanent fund to be called the special maintenance fund for the vocational rehabilitation of disabled persons.
κ1973 Statutes of Nevada, Page 1406 (CHAPTER 715, SB 590)κ
fund for the vocational rehabilitation of disabled persons. Such moneys may be invested, reinvested and used as provided in subsection 1.
3. Moneys in the special maintenance fund for the vocational rehabilitation of disabled persons shall not revert to the general fund at the end of the fiscal year, but shall continue in such fund from year to year.
Sec. 76. NRS 615.280 is hereby amended to read as follows:
615.280 1. Any individual applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the [division] bureau with respect to him shall be entitled, in accordance with regulations, to an opportunity for a fair hearing before the [division] bureau and the right to be represented in the hearing by his counsel.
2. If after such hearing the individual feels himself aggrieved by the decision of the [division] bureau in respect to his case he shall have the right, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the [division,] bureau, a copy of which shall be certified as correct by the [administrator] chief and filed by the [division] bureau with the clerk of the court as part of its answer to any such petition for review.
3. The district court shall either affirm the decision of the [division,] bureau, or, if it concludes that the findings of the [division] bureau are not supported by evidence or that the [divisions] bureaus decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the [division] bureau for further proceedings in conformity with the decision of the court.
Sec. 77. NRS 615.290 is hereby amended to read as follows:
615.290 It is unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program or any other arrangements, agreements or plans pursuant to this chapter, and in accordance with regulations of the [division,] bureau, for any person to solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving any services under this chapter, directly or indirectly derived from the records, papers, files or communications of the [division,] bureau, or acquired in the course of the performance of its official duties.
Sec. 78. Section 1 of Senate Bill 69 of the 57th session of the legislature, being chapter 53, Statutes of Nevada 1973, is hereby amended to read as follows:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The [division] bureau may establish vending stands in privately owned buildings, if the building owner in each instance consents and enters into an agreement approved by the [division.] bureau.
Sec. 79. NRS 458.030, 458.045, 458.050, 458.060, 458.070, 458.090, 458.095, 458.120, 458.130, 458.140, 458.150, 458.160, 458.170, 458.180, 458.190, 458.200, 458.210, 458.230, 615.030 and 615.070 are hereby repealed.
Sec. 80. 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:
κ1973 Statutes of Nevada, Page 1407 (CHAPTER 715, SB 590)κ
Nevada Revised Statutes with respect to any section which is not amended by this act or is added or further amended by another act:
1. If reference is made to the department of human resources by its former name as the department of health, welfare and rehabilitation, substitute the new name.
2. If reference is made to the bureau of services to the blind in the rehabilitation division of the department of human resources by its former name as the services to the blind division of the department of health, welfare and rehabilitation, substitute the new name.
3. If reference is made to the chief of the bureau of services to the blind by his former name as the supervisor of the services to the blind division, substitute the new name.
4. If reference is made to the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources by its former name as the alcoholism division of the department of health, welfare and rehabilitation, substitute the new name.
5. If reference is made to the chief of the bureau of alcohol and drug abuse by his former name as the administrator of the alcoholism division, substitute the new name.
6. If reference is made to a function assigned to the bureau of vocational rehabilitation in the rehabilitation division of the department of human resources by its former name as the rehabilitation division of the department of health, welfare and rehabilitation, substitute the new name.
7. If reference is made to the chief of the bureau of vocational rehabilitation in connection with a function assigned to the bureau by his former name as the administrator of the rehabilitation division, substitute the new name.
Sec. 81. Sections 1 and 2 of Assembly Bill No. 546 of the 57th session of the legislature are hereby repealed.
Sec. 82. 1. Section 23 of this act shall not become effective if Assembly Bill 511 of the 57th session of the Nevada legislature becomes law.
2. Section 23.5 of this act shall not become effective if Assembly Bill 511 of the 57th session of the Nevada legislature does not become law.
3. Section 46 of this act shall not become effective if Senate Bill 359 of the 57th session of the Nevada legislature becomes law.
4. Section 46.5 of this act shall not become effective if Senate Bill 359 of the 57th session of the Nevada legislature does not become law.
5. Sections 74 and 75 of this act shall not become effective if Assembly Bill 847 of the 57th session of the Nevada legislature becomes law.
6. Sections 74.5 and 75.5 of this act shall not become effective if Assembly Bill 847 of the 57th session of the Nevada legislature does not become law.
Sec. 83. This act shall become effective at 12:02 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 1408κ
Senate Bill No. 634Committee on Legislative Functions
CHAPTER 716
AN ACT relating to publications distributed by the secretary of state; vesting the authority to distribute such publications in the legislative counsel bureau; 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 2.380 is hereby amended to read as follows:
2.380 The superintendent of the department of state printing shall cause to be printed upon good paper and in a workmanlike manner, bound in buckram and delivered to the [secretary of state] legislative counsel bureau a number of copies of each volume of decisions published after February 16, 1967, not less than 750 and sufficient in the opinion of the [secretary of state] director of the legislative counsel bureau to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.
Sec. 2. NRS 2.390 is hereby amended to read as follows:
2.390 Nevada Reports shall be distributed and sold by the [secretary of state] legislative counsel bureau as provided in NRS 345.020.
Sec. 3. NRS 3.160 is hereby amended to read as follows:
3.160 Upon the certification by any district judge of any judicial district or by the county clerk of any county to the [secretary of state,] director of the legislative counsel bureau certifying that certain volumes of Nevada statutes or Nevada Reports are missing from the library of any district judge, the [secretary of state] legislative counsel bureau shall furnish, free of charge from the supply on hand, to the district judge or judges in any judicial district, the missing volumes of the Nevada statutes or Nevada Reports. The missing volumes shall be furnished for use by the district judge in the district judges library.
Sec. 4. NRS 218.120 is hereby amended to read as follows:
218.120 1. The [secretary of state] director of the legislative counsel bureau shall keep on hand for the exclusive use of the legislature when in session 50 copies of each volume of the Nevada Reports heretofore published.
2. No copy of any such volumes shall be taken from the office of the [secretary of state] legislative counsel bureau until the person desiring the use of the same [shall have] has deposited his written receipt therefor with the [secretary of state] legislative counsel bureau.
3. All copies of Nevada Reports so taken from the office of the [secretary of state] legislative counsel bureau shall be returned on or before the last day of any regular or special session of the legislature. If any person fails to return the reports he shall be liable for the value thereof, together with the costs of suit, to be recovered by suit in the name of the State of Nevada in any court of competent jurisdiction.
Sec. 5. NRS 218.480 is hereby amended to read as follows:
218.480 1. Whenever any message, report or other document in pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of the department of state printing for binding with the journals of the senate and assembly.
κ1973 Statutes of Nevada, Page 1409 (CHAPTER 716, SB 634)κ
pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of the department of state printing for binding with the journals of the senate and assembly.
2. At the end of each session of the legislature, 125 copies of the journals shall be printed, indexed and bound in book form in the same style as those of the 1927 session of the legislature. The journal of each house shall be bound separately.
3. At the end of each session of the legislature, 50 copies of the appendices shall be printed and bound in book form in the same style as those of the 1927 session of the legislature.
4. The director of the legislative counsel bureau shall direct the compilation of the journal indices, and shall deliver the completed journal indices to the superintendent of the department of state printing.
5. The bound volumes shall be delivered to the [secretary of state] legislative counsel bureau and shall constitute the journals of the senate and the assembly.
6. Each member of the legislature of which such journals are the record shall be entitled to one copy of the senate journal and one copy of the assembly journal.
Sec. 6. NRS 225.090 is hereby amended to read as follows:
225.090 [1.] The secretary of state shall superintend the printing, and have corrected a proof sheet of the acts, joint resolutions and journals required by law to be printed, by carefully comparing them with the enrolled bills and original journals on file in his office.
[2. He shall distribute the laws and journals as soon as printed in the manner required by chapter 345 of NRS.]
Sec. 7. NRS 225.120 is hereby amended to read as follows:
225.120 On or before August 1, 1954, and in every second year thereafter, the secretary of state shall prepare and render a biennial report to the governor. There shall be included in the report:
1. An exhibit showing in detail all expenditures made by him or under his direction.
2. All moneys received by him from whatever source, and the disposition made of the same.
3. All matters relating to the general business of the office of secretary of state during the period embraced in the report.
[4. An itemized account of all statutes and Nevada Reports distributed by him under the provisions of law, stating to whom such distribution was made and the amount of money received from the sale of any such statutes and reports, and the number of each years issue remaining on hand.]
Sec. 8. NRS 345.010 is hereby amended to read as follows:
345.010 Upon publication of the Statutes of Nevada, the [secretary of state] director of the legislative counsel bureau shall distribute them as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. To the [Nevada state] supreme court law library, two copies.
κ1973 Statutes of Nevada, Page 1410 (CHAPTER 716, SB 634)κ
3. To each state officer, justice of the supreme court, clerk of the supreme court, district judge, county officer and justice of the peace in this state, one copy.
4. To each public library in this state, one copy.
5. To the Nevada historical society, one copy.
Sec. 9. NRS 345.020 is hereby amended to read as follows:
345.020 Upon receipt of copies of each volume of Nevada Reports from the superintendent of the department of state printing, as provided in NRS 2.380, the [secretary of state] director of the legislative counsel bureau shall distribute them as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. To the [Nevada state] supreme court law library, two copies.
3. To each state officer, justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, and justice of the peace in this state, one copy.
4. To each public library in this state, one copy.
5. To the Nevada historical society, one copy.
Sec. 10. NRS 345.023 is hereby amended to read as follows:
345.023 The [secretary of state] legislative counsel bureau shall distribute such additional copies of the Statutes of Nevada and of Nevada Reports to the [Nevada state] supreme court law library as in [his opinion] the opinion of the director thereof may secure an interchange of appropriate works for such library. [, including newspapers published in the State of Nevada.]
Sec. 11. NRS 345.025 is hereby amended to read as follows:
345.025 Within the limits of legislative appropriations, the [secretary of state] director of the legislative counsel bureau is authorized to pay the superintendent of the department of state printing for the reproduction by printing or other reproductive process of volumes of Nevada Reports which are out of print or of limited supply in the office of the [secretary of state.] legislative counsel bureau. Such reproduced volumes may be bound so as to contain one or more volumes of the original Nevada Reports and shall be sold to the public at the prices provided in NRS 345.050. The proceeds of such sales shall be deposited by the [secretary of state] director of the legislative counsel bureau in the [general fund] legislative fund in the state treasury.
Sec. 12. NRS 345.040 is hereby amended to read as follows:
345.040 1. The [secretary of state] legislative counsel bureau shall stamp or mark all books to be distributed, as provided by law, to supreme court justices, district judges, state and county officers, and justices of the peace as follows: State property, to be turned over to your successor in office.
2. Each person who receives a book so distributed shall retain such book for the use of his office and deliver all books so received to his successor in office, who shall give his receipt therefor.
3. The [secretary of state] legislative counsel bureau shall keep proper records showing to whom the books were issued and the location of the books so distributed, and shall file the records in [his] its office.
κ1973 Statutes of Nevada, Page 1411 (CHAPTER 716, SB 634)κ
Except as provided in NRS 3.160, the [secretary of state] legislative counsel bureau shall not supply a missing or second volume other than at the [statutory price.] price established pursuant to NRS 345.050.
Sec. 13. NRS 345.050 is hereby amended to read as follows:
345.050 1. The [secretary of state] director of the legislative counsel bureau is authorized to sell the following publications: [at the prices herein provided:]
(a) Nevada Reports.
[For each volume........................................................................................ $10.00]
(b) Statutes of Nevada.
[For each volume up to and including Statutes of Nevada 1928-1929 1.00
For each volume published after Statutes of Nevada 1928-1929........ 10.00
For each volume of special session laws............................................... .50]
(c) Compilation of laws: [.]
(1) Compiled Laws of Nevada (1861-1873), by Bonnifield and Healy (two volumes). [, for each set..................................................................... 2.00]
(2) General Statutes Nevada 1885 (1861-1885), by Baily & Hammond. [, for each volume................................................................................................... 1.00]
(3) Compiled Laws of Nevada 1861-1900, by Cutting. [, for each volume 1.00]
(4) Revised Laws of Nevada 1912, Volumes I and II (two volumes). [, for each set 3.00]
(5) Revised Laws of Nevada 1919, Volume III. [, for each volume... 1.50]
(6) Nevada Revised Statutes, including replacement and supplementary pages.
(d) Miscellaneous publications: [.]
(1) Nevada Constitutional Debates & Proceedings 1864. [, for each volume 1.00]
(2) Nevada and Sawyers Digest 1878. [, for each volume................ .50]
(3) Nevada Digest Annotated (1912), by Patrick. [, for each volume 1.50]
(4) Annotations to Nevada Revised Statutes and the Nevada Digest, including replacement and supplementary pages.
(5) Journals of the assembly or senate. [, for each volume............... 5.00]
(6) Appendices to journals of senate and assembly. [, when bound separately, for each volume................................................................................... 5.00
2. When the Statutes of Nevada for any year are published in a set of two or more volumes, the price per set shall be $15.]
2. Prices for the publications enumerated in subsection 1 shall be set by:
(a) The clerk of the supreme court, with the approval of the supreme court, for volumes of Nevada Reports.
κ1973 Statutes of Nevada, Page 1412 (CHAPTER 716, SB 634)κ
(b) The legislative commission for all other publications.
3. No volume shall be sold or delivered until the purchase price therefor is first received.
4. Moneys for the sale of publications for which the price is set by:
(a) The supreme court clerk shall be deposited in the general fund in the state treasury.
(b) The legislative commission shall be deposited in the legislative fund in the state treasury.
Sec. 14. NRS 380.170 is hereby amended to read as follows:
380.170 The [secretary of state] director of the legislative counsel bureau is authorized to transmit to the county clerk of each county, for the use of the law library established therein pursuant to the provisions of this chapter:
1. A copy of each publication [thereafter made by the state.] provided in NRS 345.050.
2. A copy of each volume of Nevada Reports and the Statutes of Nevada theretofore published.
The [secretary of state] legislative counsel bureau shall charge and collect for such volumes the prices [provided by law.] established pursuant to NRS 345.050.
Sec. 15. Sections 18, 19 and 20 of Senate Bill No. 347 of the 57th session of the legislature are hereby repealed.
Sec. 16. Section 15 of this act shall become effective at 12:01 a.m. on July 1, 1973. All other sections of this act shall become effective upon passage and approval.
________
Senate Bill No. 640Committee on Finance
CHAPTER 717
AN ACT relating to the public employees retirement system; expanding the membership on the public employees retirement board; increasing the amount of certain contributions; changing certain provisions relating to eligibility for certain benefits; 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 286.120 is hereby amended to read as follows:
286.120 1. The governing authority of the system shall be a board of [five] seven persons appointed by the governor.
2. The name of the board shall be the public employees retirement board.
Sec. 1.5. NRS 286.120 is hereby amended to read as follows:
286.120 1. The governing authority of the system shall be a board of [five] seven persons appointed by the governor.
2. The name of the board shall be the public employees retirement board.
κ1973 Statutes of Nevada, Page 1413 (CHAPTER 717, SB 640)κ
3. The governor shall review periodically the broad administrative policies and performance standards as they are being administered by the board.
4. The governor may remove and replace any board member for cause shown.
Sec. 2. NRS 286.130 is hereby amended to read as follows:
286.130 1. Of the first five members of the board, two shall be citizens:
(a) Who have resided in the state for 2 years immediately preceding their appointment to the board; and
(b) Neither of whom:
(1) Is an employee of a public employer during his term of office on the board; or
(2) Has been such an employee for 2 years immediately preceding his appointment to the board.
2. The other three members of the first five members of the board shall be persons who have had at least 10 years of service for the State of Nevada or its political subdivisions and who would be eligible for membership in the system if it were established at the time of their appointment. All successors of any of the three shall be members of the system with at least 10 years of public service in the State of Nevada.
3. Of the first five members of the board, the governor shall designate one member to serve until July 1, 1949, two members to serve until July 1, 1950, and two members to serve until July 1, 1951.
4. On July 1, 1973, the governor shall appoint two additional members to serve on the board until July 1, 1977. Such additional members shall be selected from a panel of 10 persons. Each of the following classes of public servants shall nominate two persons to comprise the panel:
(a) Employees of the state and the University of Nevada System;
(b) The academic staff of school districts, including principals and administrators;
(c) Employees of cities, excluding Carson City;
(d) Employees of counties, including Carson City and excluding employees of county hospitals; and
(e) Employees of county hospitals, public utilities, power districts, sanitation districts, classified school employees and employees of other districts as determined by the board.
5. Except as otherwise provided in this section, a member of the board succeeding one of these [five] seven members shall serve for 4 years and until his successor is appointed and takes office. Each member of the board shall have the same qualifications and be appointed in the same manner as this chapter prescribes for his predecessor.
Sec. 3. NRS 286.140 is hereby amended to read as follows:
286.140 If a member of the board fails to complete his term of office, the governor shall appoint a person to succeed him as a member of the board for the unexpired portion of the term. The successor member shall be appointed in the same manner and possess the same general qualifications as his predecessor in office.
Sec. 4. NRS 286.410 is hereby amended to read as follows:
286.410 1. [Each employee who is a member of the system, except police officers and firemen, shall contribute 6 percent of the gross compensation earned by him after July 1, 1971, as a member of the system.
κ1973 Statutes of Nevada, Page 1414 (CHAPTER 717, SB 640)κ
police officers and firemen, shall contribute 6 percent of the gross compensation earned by him after July 1, 1971, as a member of the system. Police officers and firemen who are members of the system shall contribute 6.5 percent.] Except as otherwise provided in this section, each employee who is a member of the system on June 30, 1973, shall contribute 7 percent of the gross compensation earned by him on and after July 1, 1973, as a member of the system. Police officers and firemen, as defined in NRS 286.060, who are members of the system shall contribute 7.5 percent. All persons who become members of the system after June 30, 1973, including police officers and firemen, who are at least 36 years of age but not more than 45 years of age at the time of employment shall contribute 9 percent. All such persons who are 46 years of age or older at the time of employment shall contribute 11 percent. All such persons who are police officers and firemen shall contribute one-half of 1 percent in addition to the contribution rate otherwise applicable. Although all contributions shall be maintained in one fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the [6 percent contribution] aggregate contributions one-quarter of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and three-quarters of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575. The remaining amount shall be regarded as contributed for all other purposes. The contribution by police officers and firemen shall be prorated in the same manner as [the 6-percent contribution] other contributions except that one-half of 1 percent shall be for the early retirement provision.
2. Where accumulated leave is paid an employee by one participating employer at the time of termination of services, and the employee enters into a subsequent participating employment prior to the expiration of his accumulated leave, retirement contributions shall be taken only from the greater salary for that period of time in which the new employment and accumulated leave period coincide.
3. Where accumulated leave is paid an employee who is retiring, the employee may elect to have retirement contributions deducted from such payment with credit toward retirement for the period of time represented by such payment, or he may elect to receive such payment without retirement deductions. If the retiring employee does not make retirement contributions upon such payment the employing agency shall not make retirement contributions thereon. An election of retirement contributions pursuant to this subsection can be made only when the retiring employee is entering immediately into retired status and will begin receiving retirement payments. In all other cases where an employee terminates his employment, except in case of death, retirement contributions shall be deducted from such payments.
4. Contract employees in the educational facilities of the state who assume employment with other participating employers during times already covered by their contracts shall not make contributions upon the additional employment. However, retirement contributions may be made upon the greater of the two incomes.
κ1973 Statutes of Nevada, Page 1415 (CHAPTER 717, SB 640)κ
5. From each payroll during the period of his membership, the employer shall deduct the amount of the members contributions and transmit the deduction to the board at intervals designated and upon forms prescribed by the board.
6. No portion of the contribution referred to in this section shall be used for administrative expenses.
Sec. 5. NRS 286.440 is hereby amended to read as follows:
286.440 1. Whenever a member, who has previously withdrawn the amount credited to him as provided in NRS 286.430, returns to the service of a public employer participating in the system within 5 years after separation from previously covered employment, he may:
(a) Redeposit, with interest, all contributions previously withdrawn; or
(b) Elect to start as a new member.
2. If he should elect to repay his withdrawn contributions, an initial payment upon the withdrawn contributions must be made within 6 months after reemployment, or an agreement containing a schedule of payments must be entered into with the board within 6 months after reemployment. The entire amount of the withdrawn contributions must be repaid, with interest, within 5 years after return to employment where the amount is $1,500 or less, and within 8 years where the amount exceeds $1,500.
3. If an employee has lost the right to repayment through failure to elect to repay the withdrawn contributions within 6 months, he may, after 5 consecutive years of contribution following his return to employment, apply to the board for permission to reinstate such previous service, and the board may permit such repayment in a lump sum if interest is paid from the date of withdrawal to the date of repayment at the interest rate being earned by the retirement fund at the date of the boards approval.
4. If the initial payment is not made or if an agreement is not entered into within 6 months after reemployment or if the entire amount of withdrawn contributions, with interest, is not redeposited within one of the periods provided for in subsection 2 or 3, the privilege of redepositing shall be withdrawn and service prior to the time of reemployment shall not be credited for benefits under the system; but if a reemployed member has repaid a portion of his withdrawn contributions at the conclusion of one of the periods provided for in subsection 2 and has not repaid the entire amount of such withdrawn contributions, he shall be given service credit for the service affected thereby in the same proportion that his repaid contributions bear to the total amount of withdrawn contributions. After partial repayment pursuant to subsection 2, a member may complete his repayment within the period and under the conditions prescribed in subsection 3, and receive full credit therefor.
5. Upon redepositing his withdrawn contributions, with interest, the member shall have restored completely his previous service credit which had been relinquished by the withdrawal of such contributions.
6. A reemployed member, who has elected to repay his withdrawn contributions and is separated from service before any service credit is forfeited under subsection 4, may, if subsequently reemployed, restore all previous service credit by complying with the provisions of this section.
κ1973 Statutes of Nevada, Page 1416 (CHAPTER 717, SB 640)κ
7. If a member returns to covered service at an older entry age, having withdrawn the amount credited to him, and, thereafter, makes provision for repayment as provided in this section, he shall contribute from his gross earnings a percentage appropriate to his reentry age.
Sec. 6. NRS 286.450 is hereby amended to read as follows:
286.450 1. Each public employer shall pay into the public employees retirement fund [6] 7 percent of all gross compensation, for members who are not peace officers or firemen, and [6.5] 7.5 percent for members who are peace officers or firemen, payable on or after July 1, 1971, at intervals prescribed by the board. Although all contributions shall be maintained in one fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the [6] 7 percent contribution one-quarter of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and three-quarters of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575. The remaining amount shall be regarded as contributed for all other purposes. The contribution for peace officers and firemen shall be prorated on the same proportionate scale as the [6-percent] 7-percent contribution except that one-half of 1 percent shall be for the early retirement provision.
2. No portion of the contribution referred to in subsection 1 shall be used for administrative expenses.
3. Credit shall be granted a member of the system for all continuous service which he rendered to the state or to his public employer prior to the time the public employer commences to participate in the system.
Sec. 7. NRS 286.570 is hereby amended to read as follows:
286.570 [1.] Any person employed by the state or its political subdivisions who is a participating member of the system, who has been employed for a period of [20] 10 or more continuous years, and who leaves the employ of the state or its political subdivisions prior to the attainment of the minimum service retirement age, may elect to refuse the return of his contributions, and in place thereof, upon reaching minimum service retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.
[2. Members with 15 or more years of service but with less than 20 years of service and who are more than 5 years from retirement age as specified elsewhere in this chapter may leave covered service and, upon attainment of retirement age, may receive an allowance which shall be reduced by 4 percent for each year less than 20 years. Fractions of years shall be prorated. The reduced allowance shall not be less than 80 percent of formula benefits.]
Sec. 8. NRS 286.610 is hereby amended to read as follows:
286.610 1. A member with [15] 10 or more years of service but who is not yet eligible for retirement by reason of age may elect to protect a beneficiary under the terms and conditions of one of Options 2 to 5, inclusive, as described in NRS 286.590.
κ1973 Statutes of Nevada, Page 1417 (CHAPTER 717, SB 640)κ
2. The protection to the beneficiary shall be calculated upon the members conditions of service and average salary obtaining on the 1st day of the month in which the application for such protection, upon a form prescribed by the board, shall be received in the office of the board.
3. Should the member die after the election has become effective, the designated beneficiary, if surviving, shall become eligible for receipt of an allowance under the elected plan at such time as the deceased member would have reached retirement age or, if either Option 4 or Option 5 has been elected, under the terms and conditions of such option, whichever is later. If the beneficiary does not survive to the date upon which the deceased member would have reached retirement age, or to such date as the beneficiary would be otherwise eligible for an allowance, the refund of the contributions of the deceased member shall be paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no such surviving children, to the estate of the deceased beneficiary. The anticipated retirement age shall be that age upon which the member could have retired in consideration of service credited at the time of death.
4. Should the member die after the effective date of protection, the allowance payable to the designated beneficiary under the elected option shall be recalculated under the conditions of service and average salary obtaining as of the date of such death.
5. If the beneficiary should die during the continued employment of the member, the member may designate a beneficiary under NRS 286.660 to receive his total retirement contributions in case of death prior to actual entry into retirement.
6. Protection under optional plans may be extended to only one person prior to actual entry into retirement status, but if the originally named beneficiary should die prior to the entry of the member into actual retirement a new beneficiary may be named under an optional plan. A charge shall be made for the protection previously extended to the deceased beneficiary which shall be the actuarial equivalent of the protection previously received and the optional payments for the new beneficiary shall be calculated under regular procedures.
7. Should the member enter into actual retirement status within 12 months of the effective date of protection to a beneficiary, he shall receive his allowance under the terms and conditions of the option previously selected, but the allowance payable under the option shall be recalculated upon the conditions of service and average salary obtaining as of the date of retirement, and the recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received, based upon ages when the member is first eligible to retire.
8. Should the member enter into actual retirement status at a date in excess of 12 months after the effective date of protection, he may retire under the terms and conditions of the plan previously selected or he may be permitted to reselect a retirement plan, with a change of beneficiary if desired, and calculations in every case shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall be reduced in every case by the actuarial equivalent of the protection previously received, based upon ages when the member is first eligible to retire.
κ1973 Statutes of Nevada, Page 1418 (CHAPTER 717, SB 640)κ
equivalent of the protection previously received, based upon ages when the member is first eligible to retire. If the member does not change selection of retirement option or beneficiary, the period of protection chargeable to him ceases on the date he is first eligible to retire. If the member changes either the selection of retirement allowance or beneficiary, the period of protection chargeable to him ceases on the date of the actual retirement.
Sec. 9. NRS 286.808 is hereby amended to read as follows:
286.808 The board of regents of the University of Nevada shall contribute on behalf of each participant an amount equal to [6] 7 percent of the participants gross compensation during continuance of employment. Each participant shall also contribute [6] 7 percent of his gross compensation, but the contributions required by this section shall not be less than those authorized by subsection 1 of NRS 286.410 and subsection 1 of NRS 286.450. Payment of contributions required by this section shall be made by the disbursing officer for the university to the designated company for the benefit of each participant.
Sec. 10. 1. Section 1 of this act shall not become effective if Senate Bill 161 of the 57th session of the Nevada legislature becomes law.
2. Section 1.5 of this act shall not become effective if Senate Bill 161 of the 57th session of the Nevada legislature does not become law.
Sec. 11. For the purpose of enabling the first panel formation and the appointment of the initial two board members therefrom pursuant to section 2 of this act, this act shall become effective upon passage and approval. For all other purposes it shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 638Senator Swobe
CHAPTER 718
AN ACT relating to real estate licenses; clarifying status of certain licenses; and providing other matters properly relating thereto.
[Approved April 30, 1973]
Whereas, On March 13, 1972, an examination was administered to applicants for real estate brokers and salesmens licenses; and
Whereas, Considerable controversy arose out of this examination by reason of the fact that an extraordinarily large number of the persons who took this examination received failing scores on the examination; and
Whereas, By order of the district court, those persons who received failing scores on the examination were permitted to retake the examination; and
Whereas, The district court issued no direct opinion with respect to the status of those persons who received passing grades on the March 13, 1972, examination; and
Whereas, Equity requires that the licensing of those persons who passed the examination be completely validated; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The real estate brokers licenses and real estate salesmens licenses duly issued to those persons who received passing scores on the real estate license examination administered on March 13, 1972, are hereby validated, subject to all provisions of law, rules or regulations applicable to such licenses and all conditions imposed on other real estate licenses, including the requirement to renew such licenses.
κ1973 Statutes of Nevada, Page 1419 (CHAPTER 718, SB 638)κ
the real estate license examination administered on March 13, 1972, are hereby validated, subject to all provisions of law, rules or regulations applicable to such licenses and all conditions imposed on other real estate licenses, including the requirement to renew such licenses.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 645Committee on Finance
CHAPTER 719
AN ACT making an appropriation from the general fund in the state treasury to the state board of examiners for the purpose of paying a specific claim upon execution of a release of liability.
[Approved April 30, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 41.037 or any other law, there is hereby appropriated from the general fund in the state treasury the sum of $25,000 to the state board of examiners for the specific purpose of paying a claim of Kenneth Herndon, which has been reduced to judgment, if a complete release absolving the State of Nevada and its officers and employees from liability is obtained concurrently with the payment of the claim.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 648Committee on Finance
CHAPTER 720
AN ACT relating to public education; increasing the state basic support guarantee for the school years 1973-74 and 1974-75; making an appropriation from the general fund in the state treasury to, and authorizing expenditures from, the state distributive school fund; revising statutory provisions on apportionment of state distributive school fund; increasing support for education of handicapped children; 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 387.121 is hereby amended to read as follows:
387.121 The legislature declares that the proper objective of state financial aid to public education is to insure each Nevada child a reasonably equal educational opportunity. Recognizing wide local variations in wealth and costs per pupil, the state should supplement local financial ability to whatever extent necessary in each school district to provide [a minimum program of education.]
κ1973 Statutes of Nevada, Page 1420 (CHAPTER 720, SB 648)κ
minimum program of education.] programs of instruction in both compulsory and elective subjects that offer full opportunity for every Nevada child to receive the benefit of the purposes for which public schools are maintained. Therefore the quintessence of the states financial obligation for such [a program] programs can be expressed in a formula partially on a per pupil basis and partially on a per program basis as: State financial aid equals school district basic support guarantee [for a minimum program] minus local available funds produced by mandatory taxes. This formula is designated the Nevada plan.
Sec. 2. NRS 387.122 is hereby amended to read as follows:
387.122 [1.] For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, the basic support guarantee [per pupil] for the school year commencing July 1, [1971,] 1973, and ending June 30, [1972,] 1974, and for the school year commencing July 1, [1972,] 1974, and ending June 30, [1973,] 1975, is established for each of the several school districts in the state as follows:
1. Basic support guarantee per pupil:
[1971-72 1972-73] 1973-74 1974-75
Carson City School District.................. [$674 $677]...................................................... $725 $752
Churchill County School District......... [683 692]........................................................ 701 729
Clark County School District................ [660 666]........................................................ 700 726
Douglas County School District.......... [692 702]........................................................ 703 731
Elko County School District................. [724 730]........................................................ 738 768
Esmeralda County School District....... [1,550 1,618]..................................................... 1,770 1,844
Eureka County School District............. [1,063 1,094]..................................................... 1,235 1,285
Humboldt County School District....... [745 753]........................................................ 793 824
Lander County School District............ [737 744]........................................................ 769 810
Lincoln County School District........... [899 904]..................................................... 1,092 1,132
Lyon County School District............... [715 723]........................................................ 746 776
Mineral County School District........... [708 716]........................................................ 716 745
Nye County School District................. [808 822]........................................................ 906 943
Pershing County School District......... [697 707]........................................................ 732 762
Storey County School District............. [1,197 1,207]..................................................... 1,280 1,332
κ1973 Statutes of Nevada, Page 1421 (CHAPTER 720, SB 648)κ
[1971-72 1972-73] 1973-74 1974-75
Washoe County School District.......... [$659 $665]...................................................... $687 $714
White Pine County School District..... [714 725]........................................................ 774 805
[except that for any year when the average daily attendance of physically handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive, is less than 2 1/2 percent of the total average daily attendance in any school district, the basic support guarantee for such school district shall be reduced by the amount computed by multiplying $400 times the difference between 2 1/2 percent of the total average daily attendance and the average daily attendance of such physically handicapped or mentally retarded minors.
2. Notwithstanding the provisions of subsection 1, if the taxable sales subject to determination of taxes under the provisions of chapter 372 of NRS, as reported by the Nevada tax commission for the period January 1, 1971, through September 30, 1971, amount to more than $1,356,492,000, and if the interim finance committee of the legislative counsel bureau therefore determines there are sufficient funds appropriated to the state distributive school fund, the basic support guarantee per pupil for the school year commencing July 1, 1972, and ending June 30, 1973, is established for each of the several school districts in the state as follows:
1972-73
Carson City School District.................................................................................. $680
Churchill County School District........................................................................... 695
Clark County School District.................................................................................. 669
Douglas County School District............................................................................ 705
Elko County School District................................................................................... 733
Esmeralda County School District...................................................................... 1,621
Eureka County School District............................................................................ 1,097
Humboldt County School District......................................................................... 756
Lander County School District.............................................................................. 747
Lincoln County School District............................................................................. 907
Lyon County School District................................................................................. 726
Mineral County School District............................................................................. 719
Nye County School District................................................................................... 825
Pershing County School District........................................................................... 710
Storey County School District............................................................................ 1,210
Washoe County School District............................................................................ 668
White Pine County School District....................................................................... 728
except that for the school year commencing July 1, 1972, and ending June 30, 1973, when the average daily attendance of physically handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive, is less than 2 1/2 percent of the total average daily attendance in any school district, the basic support guarantee for such school district shall be reduced by the amount computed by multiplying $400 times the difference between 2 1/2 percent of the total average daily attendance and the average daily attendance of such physically handicapped or mentally retarded minors.
κ1973 Statutes of Nevada, Page 1422 (CHAPTER 720, SB 648)κ
3. Notwithstanding the provisions of subsections 1 and 2, if the taxable sales subject to determination of taxes under the provisions of chapter 372 of NRS, as reported by the Nevada tax commission for the period January 1, 1971, through September 30, 1971, amount to more than $1,369,170,000, and if the interim finance committee of the legislative counsel bureau therefore determines there are sufficient funds appropriated to the state distributive school fund, the basic support guarantee per pupil for the school year commencing July 1, 1972, and ending June 30, 1973, is established for each of the several school districts in the state as follows:
1972-73
Carson City School District.................................................................................. $684
Churchill County School District........................................................................... 699
Clark County School District.................................................................................. 673
Douglas County School District............................................................................ 709
Elko County School District................................................................................... 737
Esmeralda County School District...................................................................... 1,625
Eureka County School District............................................................................ 1,101
Humboldt County School District......................................................................... 760
Lander County School District.............................................................................. 751
Lincoln County School District............................................................................. 911
Lyon County School District................................................................................. 730
Mineral County School District............................................................................. 723
Nye County School District................................................................................... 829
Pershing County School District........................................................................... 714
Storey County School District............................................................................ 1,214
Washoe County School District............................................................................ 672
White Pine County School District....................................................................... 732
except that for the school year commencing July 1, 1972, and ending June 30, 1973, when the average daily attendance of physically handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive, is less than 2 1/2 percent of the total average daily attendance in any school district, the basic support guarantee for such school district shall be reduced by the amount computed by multiplying $400 times the difference between 2 1/2 percent of the total average daily attendance and the average daily attendance of such physically handicapped or mentally retarded minors.]
2. Basic support guarantee per special education program unit is $14,500 for each special education program unit maintained and operated during at least 9 months of a school year, contingent upon the following limitations:
(a) As used in this subsection, special education program unit means an organized instructional unit which includes full-time services of a certificated employee providing a program of instruction in accordance with provisions of NRS 388.520.
(b) Support guarantee for any special education program unit maintained and operated during a period of less than 9 school months shall be in the same proportion to $14,500 as the period during which such program unit actually was maintained and operated is to 9 school months.
κ1973 Statutes of Nevada, Page 1423 (CHAPTER 720, SB 648)κ
(c) The maximum amount of basic support for special education program units within each of the several school districts in the state is as follows:
1973-74 1974-75
Carson City School District........................................ $217,500 $232,000
Churchill County School District.............................. 130,500 130,500
Clark County School District..................................... 3,349,500 3,509,000
Douglas County School District................................ 87,000 87,000
Elko County School District....................................... 203,000 217,500
Esmeralda County School District............................ 14,500 14,500
Eureka County School District.................................. 14,500 14,500
Humboldt County School District.............................. 87,000 87,000
Lander County School District................................... 43,500 43,500
Lincoln County School District.................................. 58,000 58,000
Lyon County School District....................................... 130,500 130,500
Mineral County School District................................. 87,000 87,000
Nye County School District......................................... 72,500 72,500
Pershing County School District............................... 29,000 29,000
Storey County School District.................................... 14,500 14,500
Washoe County School District.................................. 1,334,000 1,435,500
White Pine County School District............................ 130,500 130,500
Any unused special education program unit allocations within this subparagraph which are not utilized during fiscal year 1973-74 may be reallocated during fiscal year 1973-74 to other county school districts by the state department of education. First priority will be given to special education programs with statewide implications. Such reallocations shall not bring any individual county school districts total allocations for special education program units above the level of support for fiscal year 1974-75.
Sec. 3. NRS 387.123 is hereby amended to read as follows:
387.123 1. [For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, average daily attendance means the 3 months of highest average daily attendance for the current school year of:] Enrollment means the count of pupils enrolled in and scheduled to attend programs of instruction in the public schools for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive. [, of the public schools plus six-tenths of the pupils in the kindergarten department of the public schools.]
[(b) Physically handicapped or mentally retarded] (c) Handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to [388.540,] 388.520, inclusive.
[(c)] (d) Children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive.
[(d)] (e) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma. [One-fourth credit toward average daily attendance will be given for the attendance of any such pupil for each one-credit course taken.]
κ1973 Statutes of Nevada, Page 1424 (CHAPTER 720, SB 648)κ
average daily attendance will be given for the attendance of any such pupil for each one-credit course taken.]
2. Average daily attendance-full term means the average daily attendance of pupils enrolled in the public schools during the school year.
3. Average daily attendance-highest 3 months means the average daily attendance of pupils enrolled in the public schools during the 3 months of highest average daily attendance of the school year.
4. The state board of education shall establish uniform rules to be used for counting enrollment and in calculating the average daily attendance of pupils. In calculating average daily attendance of pupils, no pupil specified in paragraphs (a), (b) [and (c)] , (c) and (d) of subsection 1 shall be counted more than once. In establishing such rules for the public schools, the state board of education:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) Shall select the three highest monthly attendance quotients for each category of pupils, as established by subsection 1 or pursuant to paragraph (b) of this subsection, in each school.
[3.] 5. The state board of education shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in such school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques. If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, the state board of education shall reduce the average daily attendance for apportionment purposes by the percentage which the number of pupils attending such classes is of the total number of pupils in the district, and may withhold the quarterly apportionment entirely.
Sec. 4. NRS 387.124 is hereby amended to read as follows:
387.124 1. On or before August 1, November 1, February 1 and May 1 of each year, the state controller shall render to the superintendent of public instruction a statement of the moneys in the state treasury subject to distribution to the several school districts of the state as provided in this section.
2. Immediately after the state controller has made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts in the following manner:
(a) Basic support of each school district shall be computed by: [multiplying the average daily attendance by the basic support guarantee per pupil established in NRS 387.122.]
κ1973 Statutes of Nevada, Page 1425 (CHAPTER 720, SB 648)κ
(1) Multiplying the basic support guarantee per pupil established in NRS 387.122 by the sum of:
(I) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.
(II) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.
(III) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.
(IV) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive, on the last day of the first school month of the school year.
(V) One-fourth the average daily attendance-highest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
(2) Multiplying the number of special education program units maintained and operated by the amount per program established in NRS 387.122.
(3) Adding the amounts computed in subparagraphs (1) and (2) of this paragraph.
(b) The availability of local funds shall be determined, which local funds shall be the sum of:
(1) The amount computed by multiplying .007 times the assessed valuation of the school district as certified by the Nevada tax commission for the concurrent school year; and
(2) The proceeds of the local school support tax imposed by chapter 374 of NRS. The Nevada tax commission shall furnish an estimate of such proceeds to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the final apportionment of the concurrent school year to reflect any difference between such estimate and actual receipts.
(c) Apportionment computed on a yearly basis shall consist of the difference between the basic support as computed in paragraph (a) of this subsection and the local funds available as computed in paragraph (b) of this subsection, but no apportionment shall be less than 10 percent of basic support.
(d) Apportionment shall be paid quarterly at the times provided in subsection 1, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of pupils [in average daily attendance] and special education program units and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final apportionment shall be computed as soon as practicable following the close of the school year, but not later than August 1. The final computation shall be based upon the actual [average daily attendance] counts of pupils and programs specified to be made for that school year [.] pursuant to paragraph (a) of this subsection, and within limits specified in NRS 387.122, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and such increase in enrollment shows at least a 3 percent gain, then basic support as computed from first month enrollment will be increased 2 percent; furthermore, if such increase in enrollment shows at least a 6 percent gain, then basic support as computed from first month enrollment will be increased an additional 2 percent.
κ1973 Statutes of Nevada, Page 1426 (CHAPTER 720, SB 648)κ
pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and such increase in enrollment shows at least a 3 percent gain, then basic support as computed from first month enrollment will be increased 2 percent; furthermore, if such increase in enrollment shows at least a 6 percent gain, then basic support as computed from first month enrollment will be increased an additional 2 percent. If the final computation of apportionment for any school district exceeds the actual amount paid to such school district during the school year, the additional amount due shall be paid before September 1. If the final computation of apportionment for any school district is less than the actual amount paid to such school district during the school year, the amount of overpayment shall be deducted from the next apportionment payable to such school district. If the amount of overpayment is greater than the next apportionment payable, the difference shall be repaid to the state distributive school fund by the school district before September 1.
(e) For any year when the average daily attendance-highest 3 months of a school district in any category is less than the average daily attendance-highest 3 months in such category during the prior year, and such lesser average daily attendance-highest 3 months was not anticipated at the time estimates were made by the superintendent of the county school district in June of the preceding school year, the superintendent of public instruction may authorize additional apportionments in amounts such that the total of all apportionments for the year do not exceed the total apportionment for the year that would be computed by substituting the average daily attendance-highest 3 months of the prior year in the category so affected for the average daily attendance-highest 3 months of the current year in the category so affected. As a condition precedent to such authorization, the superintendent of the county school district shall deliver to the superintendent of public instruction a request setting forth the reasons why the additional apportionment is necessary to the financial support of the school district, and the superintendent of public instruction shall review such request. As used in this paragraph, category means any one of the groups of persons separately described in paragraphs (a), (b) [and (c)] , (c) and (d) of subsection 1 of NRS 387.123.
(f) The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS, including any additional apportionment made pursuant to paragraph (e) are less for any fiscal year because of reduced average daily attendance or reduced local income, or both, than the total estimated receipts from such sources in the final approved budget for such fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund and may be granted such assistance upon compliance with the following conditions and procedures:
(1) The tax levy for the applying district shall be the maximum of $1.50 for operating costs as authorized by law, not including any special tax authorized by the provisions of NRS 387.290.
(2) Such application shall be made to the state board of education in such form as shall be prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.
κ1973 Statutes of Nevada, Page 1427 (CHAPTER 720, SB 648)κ
such form as shall be prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.
(3) Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from such fund during the biennium pursuant to paragraphs (c) and (e), and shall make no distribution in excess of such difference.
(4) The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making such determination, the state board of education shall consider also the amount available in the distributive school fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief.
(5) If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding such amount to the state board of examiners, along with a report of its then-current estimate of the total requirements to be paid from the state distributive school fund during the then-current fiscal year.
(6) The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request.
(7) The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. Upon receipt of a claim pursuant to a grant of emergency assistance, such claim shall be paid from the state distributive school fund as other claims against the state are paid.
(8) Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of such school district for the fiscal year for which such grant is made. No formal action to incorporate the money so received in the approved budget is required, but such receipts shall be reported as other receipts are reported and explained in a footnote as emergency loans are explained.
(9) The state board of education shall transmit to the legislature a report of each and every grant of emergency assistance paid pursuant to this paragraph.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
Sec. 5. NRS 388.440 is hereby amended to read as follows:
388.440 As used in NRS 388.440 to [388.540,] 388.520, inclusive, [physically handicapped or mentally retarded] handicapped minor means [a physically or mentally defective or handicapped] any person under the age of [21] 18 years who [is in need of education. Any minor who, by reason of physical or mental impairment, cannot receive the full benefit of ordinary education facilities shall be considered a physically handicapped or mentally retarded person for the purposes of NRS 388.440 to 388.540, inclusive.
κ1973 Statutes of Nevada, Page 1428 (CHAPTER 720, SB 648)κ
who, by reason of physical or mental impairment, cannot receive the full benefit of ordinary education facilities shall be considered a physically handicapped or mentally retarded person for the purposes of NRS 388.440 to 388.540, inclusive. Minors with vision, hearing, speech, orthopedic, mental and neurological disorders or defects, or with rheumatic or congenital heart disease, or any disabling condition caused by accident, injury or disease, shall be considered as being physically handicapped or mentally retarded.] deviates either educationally, academically, physically, socially or emotionally so markedly from normal growth and development patterns that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.
Sec. 6. NRS 388.450 is hereby amended to read as follows:
388.450 1. The legislature declares that the basic support guarantee [per pupil] as expressed in NRS 387.122 establishes financial resources sufficient to insure a reasonably equal educational opportunity to [physically] handicapped [or mentally retarded] minors residing in Nevada.
2. Subject to the provisions of NRS 388.440 to [388.540,] 388.520, inclusive, the board of trustees of a school district shall make such special provisions as may be necessary for the education of [physically] handicapped [or mentally retarded] minors.
3. The board of trustees of a school district shall establish uniform rules of eligibility for instruction under the special education programs provided for by NRS 388.440 to [388.540,] 388.520, inclusive. The rules and regulations shall be subject to such standards as may be prescribed by the state department of education.
[4. If the superintendent of public instruction finds that it is impossible for the board of trustees of a school district to comply with the mandatory requirements of this section because of the number of physically handicapped or mentally retarded minors within the school district is so small, the distance to another public school where such instruction is offered is so great or the services of a qualified teacher cannot be obtained, the provisions of subsections 2 and 3 shall not apply to such school district.
5. Nothing in this section shall be construed to require a board of trustees of a school district, in any school year, to make special provisions for the education of physically handicapped or mentally retarded minors in excess of the number determined to be 2 1/2 percent of the total pupil enrollment of the school district.]
Sec. 7. NRS 388.460 is hereby amended to read as follows:
388.460 No minor shall be required to take advantage of the special provisions for the education of [physically] handicapped [or mentally retarded] minors if the parent or guardian of the minor files a statement with the board of trustees of the school district showing that the minor is receiving adequate educational advantages.
Sec. 8. NRS 388.470 is hereby amended to read as follows:
388.470 1. Before any child is placed in a [school or class for mentally retarded children:] special program for handicapped children:
(a) A consultation shall be held with his parents or guardian.
(b) [He shall be given a careful individual examination by a competent psychologist approved by the state department of education, or by a person serving under the supervision of such a psychologist and approved by the state department of education, to determine whether the child can profit by education.]
κ1973 Statutes of Nevada, Page 1429 (CHAPTER 720, SB 648)κ
by the state department of education, to determine whether the child can profit by education.] An examination shall be conducted for the purpose of finding the extent to which the child deviates from normal growth and development patterns, such examination to be conducted in accordance with standards prescribed by the state department of education.
2. A psychiatrist may be consulted in any specific case when the board of trustees of a school district deems it necessary.
Sec. 9. NRS 388.490 is hereby amended to read as follows:
388.490 1. Except as provided in [subsection 2, physically] subsections 2, 3 and 4, handicapped [or mentally retarded] minors may be admitted at the age of [3] 5 years to special [schools or classes] programs established for such minors, and their enrollment or attendance [shall] may be counted for apportionment purposes. [as if they were already 6 years of age.]
2. Aurally handicapped minors may be admitted at any age under 5 to special [schools or classes] programs established for such minors, and their enrollment or attendance [shall] may be counted for apportionment purposes. [as if they were already 6 years of age.]
3. Visually handicapped minors may be admitted at any age under 5 to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
4. Academically talented minors may be admitted at the age of 4 years to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
Sec. 10. NRS 388.500 is hereby amended to read as follows:
388.500 1. [Physically handicapped or mentally retarded] Handicapped minors may be instructed in special ungraded schools or [classes] within special programs established for the instruction of handicapped [or retarded] minors.
2. Boards of trustees of school districts may:
(a) Purchase sites and erect buildings for such purposes in the same manner as other school sites or school buildings may be purchased and erected.
(b) Rent suitable property at an economical rental for special or ungraded rooms.
(c) Accept gifts or donations of sites and buildings for such purposes.
Sec. 11. NRS 388.510 is hereby amended to read as follows:
388.510 The board of trustees of a school district may provide for the transportation of pupils assigned to special schools or [classes] programs for [physically] handicapped [or mentally retarded pupils.] minors.
Sec. 12. NRS 388.520 is hereby amended to read as follows:
388.520 1. The state department of education shall prescribe minimum standards for the special education of [physically] handicapped [or mentally retarded] minors.
2. Prescribed minimum standards shall include standards for programs of instruction or special services maintained for the purpose of serving minors with the following handicapping conditions:
(a) Aurally handicapped.
(b) Visually handicapped.
(c) Physically handicapped.
κ1973 Statutes of Nevada, Page 1430 (CHAPTER 720, SB 648)κ
(d) Speech handicapped.
(e) Mentally handicapped.
(f) Educationally handicapped, including appropriate subemphasis when related to learning disabilities or emotional disturbance.
(g) Multiple handicapped, including appropriate subemphasis for each of the handicapping conditions.
(h) Academically talented.
3. No apportionment of state funds shall be made by the superintendent of public instruction to any school district for the instruction of [physically] handicapped [or mentally retarded] minors until the program of instruction maintained therein for such handicapped [or retarded] minors is approved by the state department of education as meeting the prescribed minimum standards.
Sec. 13. NRS 388.570 is hereby amended to read as follows:
388.570 As required by subsection [2] 4 of NRS 387.123, the state board of education shall establish rules and regulations for the computation of average daily attendance of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive.
Sec. 14. NRS 388.480, 388.530 and 388.540 are hereby repealed.
Sec. 15. The state board of education, upon the approval of the state board of examiners, may make distributions to a maximum of $900,000 annually during fiscal years 1973-74 and 1974-75 from the state distributive school fund to school districts under the following conditions:
1. Entitlement of the school districts to federal funds under Public Law 874 of the 81st Congress, or its equivalent replacement, is less for either fiscal year than such entitlement was for fiscal year 1971-72.
2. The distribution of moneys authorized in this section, when added to the actual entitlement of federal funds under Public Law 874, or its equivalent replacement, cannot exceed in either year the entitlement to federal funds under Public Law 874 for fiscal year 1971-72.
3. If the total of eligible distributions as determined in subsection 2 exceeds $900,000 for either year, actual distributions will be prorated for each district in the same percentage as its 1971-72 entitlement for payment is to total entitlements of all county school districts for 1971-72.
4. The state department of education will report its findings of entitlements of county school districts and their eligibilities for distributions pursuant to this section and will make recommendations to the state board of examiners for making distributions to eligible county school districts.
5. The state board of examiners will review the report and recommendations of the state department of education, and upon finding moneys available in the state distributive school fund may authorize the state department of education to make distributions of all or part of the amounts recommended.
6. Money received by a school district under this authorization may be expended only for one or more of the purposes provided under NRS 387.205.
Sec. 16. 1. There is hereby appropriated from the general fund in the state treasury to the state distributive school fund for the fiscal year beginning July 1, 1973, and ending June 30, 1974, the sum of $48,315,767.
κ1973 Statutes of Nevada, Page 1431 (CHAPTER 720, SB 648)κ
2. There is hereby appropriated from the general fund in the state treasury to the state distributive school fund for the fiscal year beginning July 1, 1974, and ending June 30, 1975, the sum of $49,544,956.
3. The funds appropriated by subsections 1 and 2 shall be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work-programmed for the 2 separate fiscal years, 1973-1974 and 1974-1975, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
4. Transfers to and from allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
5. Notwithstanding any other provisions of this act, the moneys appropriated by subsections 1 and 2 shall be available for both fiscal years, 1973-74 and 1974-75, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
6. After June 30, 1974, any unexpended balance of the appropriation made by subsection 1 for the fiscal year 1973-1974 shall be transferred to and added to the moneys appropriated by subsection 2 and may be expended during fiscal year 1974-1975, subject to the provisions of subsection 3.
7. After June 30, 1975, any unexpended balance of the appropriation made by subsection 2 for the fiscal year 1974-1975 together with any moneys transferred pursuant to subsection 6 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 17. 1. Expenditure of $6,224,209 by the state department of education from the state distributive school fund from funds not appropriated from the general fund in the state treasury is hereby authorized during the fiscal year beginning July 1, 1973, and ending June 30, 1974.
2. Expenditure of $6,464,630 by the state department of education from the state distributive school fund from funds not appropriated from the general fund in the state treasury is hereby authorized during the fiscal year beginning July 1, 1974, and ending June 30, 1975.
3. The following sums are hereby authorized for expenditure from the revenue sharing trust fund in the state treasury for the purposes hereinafter expressed for the fiscal years beginning July 1, 1973, and ending June 30, 1974, and beginning July 1, 1974, and ending June 30, 1975:
1973-74 1974-75
State distributive school fund........................................ $4,400,000 $4,400,000
4. For accounting and reporting purposes the sums authorized for expenditure in subsection 3 are considered to be expended prior to any general fund appropriation made to the distributive school fund.
5. The funds authorized to be expended by the provisions of subsections 1, 2 and 3 shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
κ1973 Statutes of Nevada, Page 1432 (CHAPTER 720, SB 648)κ
6. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized for expenditure by the state department of education, in subsections 1, 2 and 3, with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that funds to be received will be less than the amount authorized in subsections 1, 2 and 3.
________
Senate Bill No. 651Committee on Health, Welfare and State Institutions
CHAPTER 721
AN ACT to amend an act entitled, An Act extending immunity from tort liability for emergency care to personnel of certain emergency services; and providing other matters properly relating thereto, being Assembly Bill No. 127 of the 57th session of the Nevada legislature.
[Approved April 30, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended to read as follows:
Section 1. NRS 41.500 is hereby amended to read as follows:
41.500 1. Any person in this state, who renders emergency care or assistance at the scene of an emergency, gratuitously and in good faith, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.
2. Any person in this state who acts as an ambulance driver or attendant on an ambulance operated by a volunteer ambulance service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting such injured or ill person to or from any health facility, clinic, doctors office or other medical facility, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such ambulance driver or attendant in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
3. Any duly appointed member of a volunteer ambulance service or a duly appointed volunteer member of an ambulance service operated by a political subdivision of this state, other than an ambulance driver or attendant, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such member whenever he is performing his duties in good faith as a member of such volunteer ambulance service or ambulance service operated by a political subdivision.
κ1973 Statutes of Nevada, Page 1433 (CHAPTER 721, SB 651)κ
a duly appointed volunteer member of an ambulance service operated by a political subdivision of this state, other than an ambulance driver or attendant, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such member whenever he is performing his duties in good faith as a member of such volunteer ambulance service or ambulance service operated by a political subdivision.
4. Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting such injured or ill person to or from any health facility, clinic, doctors office or other medical facility, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
Sec. 2. This act shall become effective on July 1, 1973, only if Assembly Bill No. 127 of the 57th session of the legislature becomes effective prior thereto.
________
Senate Bill No. 652Committee on Finance
CHAPTER 722
AN ACT concerning the University of Nevada System; authorizing the acquisition of certain specified facilities at various campuses within such system, 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 and 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 30, 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.
κ1973 Statutes of Nevada, Page 1434 (CHAPTER 722, SB 652)κ
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. 1. Project means the construction, other acquisition and improvement (or any combination thereof) of the buildings, structures and other facilities required or desired by the university on various campuses of the University of Nevada System, as delineated and described in subsection 2, equipment and furnishings therefor, and other appurtenances relating thereto.
2. The project consists of the following components:
(a) The University of Nevada, Las Vegas, subproject, meaning the construction and other acquisition of a life-science building on the University of Nevada, Las Vegas, campus;
(b) The Clark County community college subproject, meaning the phase II construction and other acquisition of an instructional building on the Clark County community college campus;
(c) The Western Nevada community college subproject, meaning the phase II construction and other acquisition of an instructional building on the Western Nevada community college campus; and
(d) The University of Nevada, Reno, subproject, meaning the construction and other acquisition of an addition to, and the other improvement of, the library building on the University of Nevada, Reno, campus.
Sec. 5. 1. Student fees, in connection with any subproject and securities pertaining thereto, means the gross fees from students attending the campus to which the subproject relates, as designated in subsection 2, 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.
2. The student fees are commonly designated, in connection with securities pertaining to:
(a) The University of Nevada, Las Vegas, subproject, as the University of Nevada, Las Vegas, student center building fee, and the University of Nevada, Las Vegas, capital improvement fee, each such fee being payable by students attending the University of Nevada, Las Vegas;
(b) The Clark County community college subproject, as the Clark County community college capital improvement fee and being payable by students attending the Clark County community college;
(c) The Western Nevada community college subproject, as the Western Nevada community college capital improvement fee and being payable by students attending the Western Nevada community college; and
(d) The University of Nevada, Reno, subproject, as the University of Nevada, Reno, capital improvement fee and being payable by students attending the University of Nevada, Reno.
κ1973 Statutes of Nevada, Page 1435 (CHAPTER 722, SB 652)κ
Nevada, Reno, capital improvement fee and being payable by students attending the University of Nevada, Reno.
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 finance the University of Nevada, Las Vegas, subproject by an expenditure of not exceeding $4,581,000; and to defray in part the cost of such subproject by the issuance of bonds and other securities of the university in a total principal amount of not exceeding $800,000;
(b) To finance the Clark County community college subproject by an expenditure of not exceeding $3,169,000, and to defray in part the cost of such subproject by the issuance of bonds and other securities of the university in a total principal amount of not exceeding $90,000;
(c) To finance the Western Nevada community college subproject by an expenditure of not exceeding $2,120,000, and to defray in part the cost of such subproject by the issuance of bonds and other securities of the university in a total principal amount of not exceeding $50,000; and
(d) To finance the University of Nevada, Reno, subproject by an expenditure of not exceeding $3,225,000, and to defray in part the cost of such subproject by the issuance of bonds and other securities of the university in a total principal amount of not exceeding $150,000.
(e) To issue such bonds and other securities in connection with each such subproject 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 student fees pertaining to the subproject and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraphs (a) through (d) of this subsection;
(f) 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
(g) 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, including, without limitation, each of such four subprojects, shall be subject to supervision by the state public works board in accordance with the provisions of chapter 341 of NRS.
2. The state public works board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to acquire the respective facilities resulting from each such subproject 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 public works board, and each contract document pertaining to each subproject shall be approved by the attorney general.
κ1973 Statutes of Nevada, Page 1436 (CHAPTER 722, SB 652)κ
4. The state public works board shall advertise, in a newspaper or newspapers of general circulation in the State of Nevada, for separate sealed bids for each subproject. Approved plans and specifications for each subproject 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 public works 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 each subproject, 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. 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.
________
Assembly Bill No. 8Messrs. Smith and Dini
CHAPTER 723
AN ACT to amend an act entitled An Act incorporating the City of North Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 26, 1971, as amended.
[Approved April 30, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1.070 of Article I of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1211, is hereby amended to read as follows:
Section 1.070 Mayor and councilmen not to hold other office.
1. The mayor and councilmen shall not:
(a) Hold any other elective office or employment with [Clark County or] the city, except as provided by law or as a member or a board or commission for which no compensation is received.
κ1973 Statutes of Nevada, Page 1437 (CHAPTER 723, AB 8)κ
(b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the city council until 1 year after the expiration of the term for which such person was elected.
2. Any person holding any office proscribed by subsection 1 shall automatically forfeit his office as mayor or councilman.
Sec. 1.5. Section 2.015 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1212, is hereby amended to read as follows:
Section 2.015 Mayor: Duties; mayor pro tempore.
1. The mayor shall:
(a) Serve as a member of the city council and preside over its meetings.
(b) Have no administrative duties.
(c) Be recognized as the head of the city government for all ceremonial purposes.
(d) Perform such other duties, except administrative duties, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.
2. The city council shall elect one of its members to be mayor pro tempore. Such person shall:
(a) Hold such office and title, without additional compensation, for a term of 1 year.
(b) Perform the duties of mayor during the absence of disability of the mayor.
(c) Act as mayor until [the next municipal election] the city council fills the vacancy pursuant to the provisions of section 1.060, if the office of mayor becomes vacant.
Sec. 2. Section 2.020 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1212, is hereby amended to read as follows:
Section 2.020 City council: [Contracts.] Contracts; conflict of interest.
1. Members of the city council may vote on any lease, contract or other agreement which extends beyond their terms of office.
2. No member of the city council, including the mayor, shall:
(a) Be pecuniarily interested, directly or indirectly, in any contract let by the city, or in any transaction wherein the rights or liberties of the city are, or may be involved. This paragraph does not apply to contracts for utilities and other services provided for the public by the city under this charter and the ordinances thereunder, when the councilman or mayor applies for and receives such services in the same manner and pays the same established rates and charges as any member of the public.
(b) Be interested directly or indirectly in any public work or contract let, supervised or controlled, or which is paid wholly, or in part, by the city. This paragraph does not preclude or discharge a councilman or the mayor from paying his proportionate share of the cost of any public works when he has become obligated in the same manner as any member of the public, nor does it prohibit a councilman or the mayor from enjoying the benefits of a work constructed for the benefit of the public in the same manner as any other member of the public.
κ1973 Statutes of Nevada, Page 1438 (CHAPTER 723, AB 8)κ
(c) Become the surety of any person on any bond or other obligation running to the city.
Sec. 3. Section 2.100 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1214, is hereby amended to read as follows:
Section 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed shall be read to the city council by title, after which an adequate number of copies of the proposed ordinance shall be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of such filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 1 week prior to the adoption of the ordinance.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance, it shall be read by title as first introduced, any amendment shall be proposed and voted upon and thereupon the proposed ordinance, with any adopted amendments, shall be finally voted upon or action thereon postponed.
3. [In cases of emergency or where] Where the ordinance is of a kind specified in section 7.040, by unanimous consent a special meeting may be called for the purpose of taking final action, and by a majority vote of the city council final action may be taken immediately and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published. It shall become effective immediately upon passage.
4. All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published in the city, once, by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, before the ordinance, except [an emergency ordinance,] as otherwise provided in subsection 3, shall become effective. The city council may, by a majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall maintain a record of all ordinances, together with the affidavits of publication by the publisher, until disposed of in accordance with law.
Sec. 4. Section 2.110 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1215, as amended by chapter 669, Statutes of Nevada 1971, at page 2054, is hereby amended to read as follows:
Section 2.110 Codification of ordinances; publication of code.
1. The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the Nevada state library [.] , and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city. Two copies shall also be filed with the city clerk and the librarian of the North Las Vegas municipal library.
κ1973 Statutes of Nevada, Page 1439 (CHAPTER 723, AB 8)κ
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of North Las Vegas.
4. The codification may be amended or extended by ordinance.
Sec. 5. Section 2.180 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1216, is hereby amended to read as follows:
Section 2.180 Powers of city council: Buildings; construction and maintenance regulations; building, plumbing, electrical, mechanical, housing, sign and safety codes. The city council may:
1. Regulate all matters relating to the construction, maintenance, use, occupancy and safety of buildings, structures and property within the city.
2. Adopt any building, plumbing, electrical, mechanical, housing, sign or safety code necessary to carry out the provisions of this section and establish such fees and penalties as may be necessary.
3. Notwithstanding the provisions of subsection 2, if state law requires the adoption by the city of a particular code or regulation, that, and no other, shall be adopted by the city as the exclusive authority governing the subject concerned.
Sec. 6. Section 2.190 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1216, is hereby amended to read as follows:
Section 2.190 Powers of city council: Planning and zoning.
1. The city council may by ordinance:
(a) Establish an official map of the city, on which shall be shown and indicated:
(1) All public streets existing and established by law at the time of the establishment of the official map.
(2) All planned streets or street lines as located on plats adopted by the council in accordance with the provisions of chapter 278 of NRS at the time of the establishment of the map.
(3) All streets or street lines as located on final or recorded plats of subdivisions approved by the council at the time of the establishment of the map. The placing of any street or street lines upon the official map shall not, in and of itself, constitute or be deemed to constitute the opening or establishment of any street nor the taking or acceptance of any land for street purposes. The council may in the same manner place upon the official map the location of existing or planned parks or other public open spaces.
(b) Provide that no permit shall be issued for any building or structure [of] or any part thereof on any land located between the mapped lines of a street as shown on the official map.
Thereafter, all street locations on final or recorded plats of subdivisions or plats adopted by council under the provisions of chapter 278 of NRS, as amended from time to time, shall be deemed additions to or modifications of the official map and shall be placed thereon. The council may by ordinance make, from time to time, other additions to or modifications of the official map by placing thereon the location of proposed streets, street extensions, widenings, narrowings or vacations.
κ1973 Statutes of Nevada, Page 1440 (CHAPTER 723, AB 8)κ
ordinance make, from time to time, other additions to or modifications of the official map by placing thereon the location of proposed streets, street extensions, widenings, narrowings or vacations. Any such proposed addition to or modification of the official map shall be referred to the city planning commission for its approval, but if the planning commission disapproves or fails to act within 30 days, the council by a majority vote of its members may overrule such disapproval.
2. The city council shall carry out the provisions of chapter 278 of NRS, as amended from time to time.
Sec. 7. Section 2.270 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1218, is hereby amended to read as follows:
Section 2.270 Powers of city council: [Sanitary sewer] Sanitation and water facilities. The city council may:
1. Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.
2. Sell any product or byproduct [thereof] of such sewer system and acquire the appropriate outlets within or without the city and extend the sewer lines thereto.
3. [Establish sewer fees and provide for the enforcement and collection thereof.] Provide for a garbage collection system or any part thereof, and obtain property therefor either within or without the city.
4. Provide for a water distribution system or any part thereof, and obtain property therefor either within or without the city.
Sec. 8. Section 2.280 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1219, is hereby amended to read as follows:
Section 2.280 Powers of city council: Provision of utilities. The city council may:
1. Provide, by contract, franchise [or] and public enterprise, for any utility to be furnished to the city for [the residents thereof.] residents located either within or without the city.
2. Provide for the construction and maintenance of any [facility] facilities necessary for the provision of all such utilities.
3. [Fix the rate to be paid for any utility provided by the city. Any charges due for services, facilities or commodities furnished by any utility provided by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Clark County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.] Prescribe, revise and collect rates, fees, tolls and charges for the services, facilities or commodities furnished by any municipally-operated or municipally-owned utility or undertaking, and notwithstanding any provision of this charter to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally-operated or municipally-owned utility or undertaking shall be prescribed, revised, amended or altered, increased or decreased, without the procedure as set forth in this subsection first being followed.
κ1973 Statutes of Nevada, Page 1441 (CHAPTER 723, AB 8)κ
the services, facilities or commodities furnished by any municipally-operated or municipally-owned utility or undertaking shall be prescribed, revised, amended or altered, increased or decreased, without the procedure as set forth in this subsection first being followed.
(a) There shall be filed with the city clerk schedules of rates, fees, tolls or charges which shall be open to public inspection, showing all rates, fees, tolls or charges which the city has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.
(b) No changes shall be made in any schedule so filed with the city clerk except upon 30 days notice to the inhabitants of the city and a public hearing held thereon. Notice of such proposed change or changes shall be given by at least two publications in a newspaper published in the city during the 30-day period prior to the hearing thereon.
(c) At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.
(d) Every utility operated by the city shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, shall be just and reasonable.
4. Any charges due for services, facilities or commodities furnished by the city or by any utility operated by the city under this section is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Clark County of a statement by the city clerk stating the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 9. Section 3.080 of Article III of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1221, is hereby amended to read as follows:
Section 3.080 Department of finance: Director; conduct.
1. The city council may establish a department of finance, the head of which shall be the director of finance. The department of finance may also include a city treasurer and such other qualified personnel as the city manager determines are necessary to handle the financial matters of the city properly.
2. The director of finance shall be the city manager, or he may, subject to ratification by the city council, appoint a director of finance.
3. The department of finance shall maintain complete records of all fiscal transactions of, and claims against, the city.
4. Before payment, all accounts shall be audited and approved by the department of finance. The director of finance shall be responsible for the preparation of all [warrants and] claims paid. [Warrants] Claims so issued shall bear the signatures of any two of the three following officers:
κ1973 Statutes of Nevada, Page 1442 (CHAPTER 723, AB 8)κ
City manager, director of finance and city treasurer. Facsimile signatures may be permitted if at least two of the three designated officers control the use of the device.
Sec. 10. Section 5.020 of Article V of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1223, is hereby amended to read as follows:
Section 5.020 Primary municipal elections; declaration of candidacy.
1. The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents.
2. If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge, or five or more candidates for the office of councilman, a primary election for any such office shall be held on the Tuesday following the 1st Monday in May preceding such general election.
3. After the primary election, the names of the two candidates for mayor and municipal judge and the names of the four candidates for city councilman who receive the highest number of votes shall be placed on the ballot for the general election unless one of the candidates for mayor or municipal judge receives a majority of the total votes cast for that office in the primary election, in which case such candidate shall be declared the winner. [If one candidate for the office of city councilman receives a majority of the votes cast for that office, such candidate shall be declared elected and a general election shall be held only to fill any office for which a winner has not been declared.]
Sec. 11. Section 5.050 of Article V of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1224, is hereby amended to read as follows:
Section 5.050 Names on ballots. The full names of all candidates, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot. In any election regulated by this charter, the names of candidates as printed on the ballot shall not include any title, designation or other reference which will indicate the profession or occupation of such candidates.
Sec. 12. Section 5.080 of Article V of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1225, is hereby amended to read as follows:
Section 5.080 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the city council.
2. The city council shall meet [on the first Tuesday] at any time within 14 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the city council.
κ1973 Statutes of Nevada, Page 1443 (CHAPTER 723, AB 8)κ
for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.
4. If any election should result in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.
Sec. 13. Section 7.040 of Article VII of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1226, is hereby amended to read as follows:
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. 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 may 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. 14. Section 2.030 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1213, is hereby repealed.
Sec. 15. Section 5.070 of Article V of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1225, is hereby repealed.
Sec. 16. 1. If section 19 of Assembly Bill 253 of the 57th session of the Nevada legislature becomes effective, section 10 of this act shall never become effective.
2. If section 19 of Assembly Bill 253 of the 57th session of the Nevada legislature does not become effective, section 10 of this act shall become effective at 12:01 a.m. on July 1, 1973.
3. All other sections of this act shall become effective at 12:01 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 1444κ
Assembly Bill No. 34Messrs. Lowman, Huff, Ullom, McNeel, Hayes, Robinson, Getto, Ashworth, Hickey, Barengo, Bremner and Prince
CHAPTER 724
AN ACT increasing the penalty for battery upon a police officer or firefighter where injury results; 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 200.481 is hereby amended to read as follows:
200.481 1. As used in this section: [, battery]
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Officer means:
(1) A police officer as defined in NRS 286.060;
(2) A person employed in a full-time salaried occupation of firefighting for the benefit or safety of the public; or
(3) A member of a volunteer fire department.
2. Any person convicted of a battery shall be punished:
(a) If the battery is not committed with a deadly weapon, and no physical injury to the victim results, for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and [serious physical injury] substantial bodily harm to the victim does result, for a gross misdemeanor.
(c) If the battery is committed upon an officer and:
(1) The officer was performing his duty;
(2) The officer suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer, for a felony.
(d) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years.
________
Assembly Bill No. 41Committee on Transportation
CHAPTER 725
AN ACT relating to motorcycles; eliminating the requirements for an instruction permit and for motorcycle drivers training school; extending the expiration date of drivers licenses; providing an exception from the requirement of having both hands on the handlebars of a motorcycle; 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 486.071 is hereby amended to read as follows:
486.071 [1. Any person who is at least 15 1/2 years of age or older, enrolled in a motorcycle drivers training school, licensed by the department in the same manner as provided for driver training schools pursuant to NRS 483.700 to 483.760, inclusive, and NRS 483.780, may apply to the department for an instruction permit.
κ1973 Statutes of Nevada, Page 1445 (CHAPTER 725, AB 41)κ
to NRS 483.700 to 483.760, inclusive, and NRS 483.780, may apply to the department for an instruction permit.
2. The department may, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having such permit in his immediate possession, to drive a motorcycle for a period of 6 months if:
(a) Such driving is done off of a highway; and
(b) There is a person who is at least 18 years of age who is licensed to drive a motorcycle in immediate attendance and giving supervision.
3.] Except as provided in NRS 486.161, no person shall be issued a motorcycle drivers license or authorized to drive a motorcycle unless such person:
[(a)] 1. Is at least 16 years of age; and
[(b) Has successfully completed a motorcycle drivers training school; and]
[(c)] 2. Has successfully completed such written examination and driving test as may be required by the department.
Sec. 2. NRS 486.081 is hereby amended to read as follows:
486.081 1. Every application for [an instruction permit or for] a motorcycle drivers license shall be made upon a form furnished by the department and shall be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.
2. Every application shall:
(a) State the full name, date of birth, sex and residence address of the applicant;
(b) Briefly describe the applicant;
(c) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country;
(d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and
(e) Give such other information as the department may require to determine the applicants competency and eligibility.
3. Every applicant between the ages of 15 1/2 and 21 years shall furnish proof of his age by displaying a birth certificate, baptismal certificate or other proof acceptable to the department.
Sec. 3. NRS 486.091 is hereby amended to read as follows:
486.091 1. Whenever an application for [an instruction permit or for] a motorcycle drivers license is received from a person previously licensed in another state, the department shall request a copy of the drivers record from such other state. When received, the drivers record shall become a part of the drivers record in this state with the same effect as though entered on the drivers record in this state in the original instance.
2. Whenever the department receives a request for a drivers record from another licensing state the record shall be forwarded without charge.
Sec. 4. NRS 486.101 is hereby amended to read as follows:
486.101 1. The application of any person under the age of 18 years for [an instruction permit or] a motorcycle drivers license shall be signed and verified, before a person authorized to administer oaths, by either or both the father or mother of the applicant, if either or both are living and have custody of him, or if neither parent is living, then by the person or guardian having such custody, or by an employer of such minor, or if there is no guardian or employer, then by any responsible person who is willing to assume the obligation imposed under this chapter, upon a person signing the application of a minor.
κ1973 Statutes of Nevada, Page 1446 (CHAPTER 725, AB 41)κ
years for [an instruction permit or] a motorcycle drivers license shall be signed and verified, before a person authorized to administer oaths, by either or both the father or mother of the applicant, if either or both are living and have custody of him, or if neither parent is living, then by the person or guardian having such custody, or by an employer of such minor, or if there is no guardian or employer, then by any responsible person who is willing to assume the obligation imposed under this chapter, upon a person signing the application of a minor.
2. Any negligence or willful misconduct of a minor under the age of 18 years when driving a motorcycle upon a highway shall be imputed to the person who has signed the application of such minor for a [permit or] license, which person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.
Sec. 5. NRS 486.121 is hereby amended to read as follows:
486.121 The department, upon receipt of satisfactory evidence of the death of the persons who signed the application of a minor for [an instruction permit or] a license, shall cancel such [permit or] license and shall not issue a new [permit or] license until such time as a new application, duly signed and verified, is made as required by this chapter. This provision shall not apply if the minor has attained the age of 18 years.
Sec. 6. NRS 486.161 is hereby amended to read as follows:
486.161 1. Except as provided in subsection 2, every motorcycle drivers license [or other authority to drive a motorcycle] shall expire [on the second anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance.] in the case of a person 70 years of age or older on the second anniversary and in the case of all other persons on the fourth anniversary of the licensees birthday, measured in the case of an original license, a renewal license or a license renewing an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 shall for the purposes of NRS 486.011 to 486.381, inclusive, be considered to have the anniversary of his birth fall on February 28. Every license shall be renewable on or during a 90-day period before its expiration upon application and payment of the required fee, and except as provided in subsection 2 of NRS 486.131, each applicant for renewal shall appear before a drivers license examiner and successfully pass a test of his eyesight. Every motorcycle endorsement to a drivers license issued on or after January I, 1972, shall expire simultaneously with the expiration of the drivers license.
2. Every license issued before January 1, 1972, authorizing a person to drive a power cycle shall be valid for driving a power cycle and every such license authorizing a person to drive a motorcycle shall be valid for driving a motorcycle until its normal expiration.
3. Any person who has been issued a drivers license [before January 1, 1972,] without having the authority to drive a motorcycle or power cycle endorsed thereon shall, before driving a motorcycle, as defined in NRS 486.041, successfully pass a driving test conducted by the department, pay a fee of $2 and have such authority endorsed upon such license.
κ1973 Statutes of Nevada, Page 1447 (CHAPTER 725, AB 41)κ
4. As used in this section, power cycle means every motor vehicle equipped with a seat or saddle for the use of the driver designed to travel on not more than three wheels in contact with the ground and propelled by a motor of 70 cc. displacement or less which produces 6 1/2 horsepower or less.
Sec. 7. NRS 486.211 is hereby amended to read as follows:
486.211 The driver of a motorcycle shall drive with one hand on each handlebar at all times, except when [such driver is making an arm signal for a turn.] it is necessary to use or remove one hand for the safe operation of the motorcycle.
________
Assembly Bill No. 241Mesdames Gojack, Ford, Messrs. Barengo and Hayes
CHAPTER 726
AN ACT relating to recreational facilities; permitting cities and counties to establish a recreation plan and to make provision for future parks and playgrounds; requiring site dedication or payment in lieu thereof by a subdivider or developer; imposing, alternatively, a residential construction tax; 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 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 3 to 12, inclusive, of this act, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections, unless the context otherwise requires.
Sec. 3. Apartment house means a building arranged in several suites of connecting rooms, each suite designed for independent housekeeping, but with certain typical mechanical conveniences, such as air conditioning, heat, light or elevator services shared in common by all families occupying the building.
Sec. 4. Mobile home means a vehicle without motive power designed or equipped for living purposes and to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.
Sec. 5. Mobile home lot means any area or tract of land designated, designed or used for the occupancy of a mobile home.
Sec. 6. Residential dwelling unit means a building or a portion of a building planned, designed or used as a residence for one family only, living independently of other families or persons, and having its own bathroom and housekeeping facilities included in the unit.
Sec. 7. The governing body of a city or county may, by ordinance, require that a subdivider of land or a developer of land for mobile home lots or an apartment house dedicate such land areas, sites and locations for park and playground purposes as are reasonably necessary to serve the proposed subdivision or development and the future residents of the subdivision or development.
κ1973 Statutes of Nevada, Page 1448 (CHAPTER 726, AB 241)κ
proposed subdivision or development and the future residents of the subdivision or development.
Sec. 8. 1. The ordinance adopted pursuant to section 7 of this act shall, insofar as practicable, conform to the recreation plan incorporated in the applicable master plan.
2. If no such recreation plan is incorporated in such master plan, the ordinance shall, by means of accompanying maps, diagrams, charts, descriptive matter and reports, also adopt a recreation plan. Such plan shall provide for a comprehensive system of recreation areas, including natural reservations, parks, parkways, beaches, playgrounds and other recreation areas, as well as the location thereof, when practicable.
3. The recreation plan adopted pursuant to subsection 2 shall discuss and outline the proposed method or methods of implementing the acquisition, development, operation and maintenance of the recreation facilities for which it provides.
Sec. 9. 1. Any city or county which makes dedication of sites for parks and playgrounds mandatory shall adopt regulations that shall set forth the standards to be applied in determining the amount of land that is required to be dedicated. Such regulations shall be adopted in accordance with procedures set forth in the Nevada Administrative Procedure Act and shall contain standards determining the amount, quality and location of land that is required to be dedicated which are based upon the number and type of dwelling units or structures, apartment houses or mobile home lots, or any combination thereof, included in each subdivision or development and give due consideration to the relative desirability and market value of the land that may be included within the area of any particular proposed subdivision or development. Such regulations also may, without limiting the general powers conferred in this chapter, include the following:
(a) Provisions for the creation, in accordance with the applicable master plan, of park districts or service areas which would serve neighborhoods or communities of interest within the city or county.
(b) A delegation of authority to designated departments or agencies of the city or county to select the location of the land areas to be dedicated for park and playground purposes. If park districts or service areas have been created pursuant to paragraph (a), the land to be dedicated for park and playground purposes shall be within the park district or service area in which the subdivision, apartment house or mobile home lots are located.
(c) Provisions requiring a subdivider or developer, in lieu of dedicating the sites, to pay to the city or county a sum of money equal to the value of the land that would otherwise be required to be dedicated for park and playground purposes, whenever the department or agency charged with administering the dedication provisions determines that it would not be in the public interest to accept the dedication in connection with a particular proposed subdivision or development. If this provision is included in the regulation, the standards to be applied in determining when it is not in the public interest to accept the dedication and the method of making payment shall be set forth. All funds so received shall be held by the city or county, or a designated department or agency thereof, in a special account, and shall be used to acquire or develop or both acquire and develop park and playground sites for the benefit of the residents of the city or county.
κ1973 Statutes of Nevada, Page 1449 (CHAPTER 726, AB 241)κ
both acquire and develop park and playground sites for the benefit of the residents of the city or county. If park districts or service areas have been created pursuant to paragraph (a), moneys in such funds shall be expended for the benefit of the residents of the property within the park district or service area from which such moneys are derived.
(d) Provisions establishing standards for the application and use of funds subject to the limitations set forth in this section.
(e) Requirements that payment in lieu of dedication shall be a condition precedent to the approval of any subdivision or other plat building permit, or that payment may be deferred or made in installments following approval of a subdivision or other plat building permit application upon the subdividers or developers posting of a good and sufficient surety bond guaranteeing the payment.
(f) Provisions that payment in lieu of dedication may also be required of any person who proposes to construct a residential dwelling unit or units on a building site within property previously subdivided.
2. If the land area dedicated by any subdivider or developer exceeds a proportionate contribution to the total parksite, taking into consideration the total residents of the subdivision or development and residents of nearby areas reasonably expected to benefit therefrom, the subdivider or developer making the dedication shall be compensated at fair market value for the excess value contributed.
3. If within 3 years after the date on which 75 percent of the residential dwelling units authorized within a particular subdivision or development first become occupied:
(a) A park or playground has not been developed on the land dedicated for that purpose, title to such land shall revert to the owners of the lots in the subdivision at the time of the reversion on a pro rata basis.
(b) A park or playground has not been developed within the park district or service area created to serve the neighborhood in which the subdivision or development is located, or, if no such park district or service area has been created, within the immediate neighborhood of such subdivision or development, all money paid by the subdivider or developer in lieu of dedication shall be refunded with interest to the owners of the lots in the subdivision at the time of the reversion on a pro rata basis; and any surety bond posted in lieu of such payment shall be exonerated.
Sec. 10. 1. The city council of any city or the board of county commissioners of any county which has adopted a master plan, as provided in this chapter, which includes, as a part of the plan, future or present sites for parks and playgrounds may impose a residential construction tax pursuant to this section.
2. The tax shall be known as a residential construction tax and shall be imposed on the privilege of constructing apartment houses and residential dwelling units and developing mobile home lots in the respective cities and counties.
3. The purpose of the tax is to raise revenue to enable the cities and counties to provide parks and playgrounds which are required by the residents of such apartment houses, mobile homes and residences.
4. The city councils and the boards of county commissioners shall have power and jurisdiction in their respective cities and counties to enact ordinances establishing the procedures for collecting the tax, setting the rates for each type of apartment house, mobile home lot and residential dwelling unit and determining the purposes for which the tax is to be used, subject to the restrictions of subsection 5.
κ1973 Statutes of Nevada, Page 1450 (CHAPTER 726, AB 241)κ
the rates for each type of apartment house, mobile home lot and residential dwelling unit and determining the purposes for which the tax is to be used, subject to the restrictions of subsection 5.
5. All of the residential construction taxes collected pursuant to the provisions of this section and any ordinance enacted by a city council or board of county commissioners shall be placed with the city treasurer or county treasurer in a special fund. The fund shall only be used for the acquisition, improvement and expansion of public park, playground and recreational facilities in the city or county. Moneys in the fund shall be expended, insofar as it is practicable and feasible to do so, for the benefit of the immediate area from which they were collected.
Sec. 11. The city council of any city or the board of county commissioners of any county which has adopted a master plan as provided in this chapter which includes future or present sites for parks and playgrounds may require that:
1. The developers of a planned unit development dedicate land or make in-lieu payments in the manner provided by sections 7 to 9, inclusive, of this act; or
2. A residential construction tax be imposed on the privilege of constructing planned unit developments in the manner provided by section 10 of this act,
if the ordinance defining and regulating planned unit developments in the particular city or county imposes open space requirements less than those required by the regulations adopted pursuant to section 9 of this act.
Sec. 12. 1. The requirement for dedication of land under sections 7 to 9, inclusive, of this act, and the imposition of the residential construction tax under section 10 of this act, are mutually exclusive as to any particular subdivision, apartment house, mobile home lot or residential dwelling unit which may be benefited or affected by any such requirement or imposition.
2. Any city council or board of county commissioners determining to provide park or playground facilities under the provisions of sections 2 to 12, inclusive, of this act shall elect, for any one period, to follow only one of the procedures provided in these sections.
________
Assembly Bill No. 242Committee on Government Affairs
CHAPTER 727
AN ACT relating to the state government; separating the financial and service functions of the executive branch into appropriate departments; transferring the duties of the state general obligation bond commission to the state board of examiners; 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 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
κ1973 Statutes of Nevada, Page 1451 (CHAPTER 727, AB 242)κ
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context requires otherwise:
1. Department means the department of administration.
2. Director means the director of this department.
Sec. 3. 1. The department of administration is hereby created.
2. The department consists of a director and the following divisions:
(a) Budget division.
(b) Personnel division.
Sec. 4. The director shall:
1. Be appointed by, be responsible to, and serve at the pleasure of the governor.
2. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. Receive an annual salary in an amount determined pursuant to NRS 284.182.
4. Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
5. Not engage in any other gainful employment or occupation.
Sec. 5. The director:
1. Shall appoint a chief of the personnel division.
2. Shall appoint a chief of the budget division, or may personally serve in this position if he has the qualifications required by NRS 353.175.
3. Is responsible for the administration, through the divisions of the department, of the provisions of chapter 284 of NRS, NRS 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
4. Has such other powers and duties as provided by law.
Sec. 6. The chief of the personnel division shall:
1. Administer the provisions of law relating to his division, subject to the administrative supervision of the director.
2. Not engage in any other gainful employment or occupation.
Sec. 7. The chief of the budget division may appoint a deputy and a chief assistant in the unclassified service of the state, who shall receive annual salaries determined pursuant to NRS 284.182 and shall not engage in any other gainful employment or occupation.
Sec. 8. NRS 232.160 is hereby amended to read as follows:
232.160 As used in NRS 232.160 to 232.210, inclusive, unless the context requires otherwise:
1. Department means the department of [administration.] general services.
2. Director means the director of [the department of administration.] this department.
Sec. 9. NRS 232.170 is hereby amended to read as follows:
232.170 1. The department of [administration] general services is hereby created.
2. The department [shall consist] consists of a director and the following divisions:
(a) [Budget division.
(b)] Buildings and grounds division.
[(c)] (b) Central data processing division.
κ1973 Statutes of Nevada, Page 1452 (CHAPTER 727, AB 242)κ
[(d) Personnel division.
(e)] (c) Purchasing division.
(d) State printing and records division.
3. The director may establish a motor pool division or may assign the functions of the state motor pool to one of the other divisions of the department.
Sec. 10. NRS 232.180 is hereby amended to read as follows:
232.180 The director shall:
1. Be appointed by, be responsible to, and serve at the pleasure of the governor.
2. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
4. Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
5. Not engage in any other gainful employment or occupation.
6. [Have the qualifications required by NRS 353.175.
7. Be chief of the budget division.] Be selected with special reference to his training or experience in the services provided by the department.
Sec. 11. NRS 232.190 is hereby amended to read as follows:
232.190 The director shall:
1. [Appoint, with the consent of the governor, a chief of each of the divisions of the department, except the budget division.
2.] Be responsible for the administration, through the divisions of the department, of the provisions of chapters 242, [284,] 331, 333, [and] 336 and 344 of NRS [, NRS 353.150 to 353.246, inclusive,] and all other provisions of law relating to the functions of the divisions of the department.
[3.] 2. Have such other powers and duties as provided by law.
Sec. 12. NRS 232.200 is hereby amended to read as follows:
232.200 [1.] The chief of each of the divisions of the department [, except the budget division, shall:
(a) Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case he shall be in the classified service of the state pursuant to the provisions of such chapter.
(b) Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182, unless he is in the classified service of the state, in which case his salary shall, unless otherwise fixed by law, be fixed pursuant to the provisions of chapter 284 of NRS.
(c) Administer the provisions of law relating to his division, subject to the administrative supervision of the director.
2. The director shall administer the provisions of law relating to the budget division.
3. The chief of each of the divisions of the department shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.] shall serve at the pleasure of the director, but for all purposes except removal shall be in the classified service of the state pursuant to the provisions of chapter 284 of NRS.
κ1973 Statutes of Nevada, Page 1453 (CHAPTER 727, AB 242)κ
except removal shall be in the classified service of the state pursuant to the provisions of chapter 284 of NRS.
Sec. 13. NRS 2.320 is hereby amended to read as follows:
2.320 The clerk of the supreme court and the official reporter shall be ex officio reporters of decisions. Whenever any case is finally determined by the supreme court, the reporters of decisions shall make a synopsis of the opinion and decision of the supreme court in such case. A copy of the opinion together with the synopsis of the same shall be filed by the reporters of decisions with the superintendent of the state printing [.] and records division of the department of general services.
Sec. 14. NRS 2.340 is hereby amended to read as follows:
2.340 1. The superintendent of the [department of] state printing and records division of the department of general services shall furnish the reporters of decisions with proofsheets for their verification and correction before publication in permanent form. The superintendent [of the department of state printing] then shall print immediately each complete supreme court decision in pamphlet form and shall furnish the clerk of the supreme court with as many pamphlet copies of each decision as the clerk determines are necessary for distribution to licensed attorneys, or any person mentioned in NRS 2.345, or for his use and the use of the justices of the supreme court. Each decision shall be printed and pamphlet copies returned to the clerk of the supreme court within 14 days, not including the day of delivery, after such decision has been furnished to the superintendent [of the department of state printing] by the clerk of the court. For good cause shown, the chief justice of the supreme court may extend the time within which such decision or decisions may be published.
2. At the time of delivering the copy of any decision to the superintendent [of the department of state printing] pursuant to the provisions of NRS 2.320, which shall be immediately after such decision is filed, the clerk of the supreme court shall take a receipt for the same, which receipt shall set forth the date of delivery and the title and number of the case.
Sec. 15. NRS 2.380 is hereby amended to read as follows:
2.380 The superintendent of the [department of] state printing and records division of the department of general services shall cause to be printed upon good paper and in a workmanlike manner, bound in buckram and delivered to the secretary of state a number of copies of each volume of decisions published after February 16, 1967, not less than 750 and sufficient in the opinion of the secretary of state to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.
Sec. 16. NRS 205.130 is hereby amended to read as follows:
205.130 1. Every person who for himself, or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money or for the payment of any labor claim or claims, except claims specified in subsection 2, or delivery of other valuable property, directed to or drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when in fact such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be guilty of a misdemeanor unless such instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, in which case such person shall be guilty of a felony and shall, upon conviction thereof, 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.
κ1973 Statutes of Nevada, Page 1454 (CHAPTER 727, AB 242)κ
shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be guilty of a misdemeanor unless such instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, in which case such person shall be guilty of a felony and shall, upon conviction thereof, 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. Any person having been previously convicted three times of a misdemeanor under the provisions of this section, or of any offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who shall violate this section shall be guilty of a felony, and upon conviction 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.
2. Any person who for himself, or as an officer of a corporation, willfully issues any check, bill, note or other instrument in writing for the payment of wages in excess of $100, when such person has, and has knowledge of having, insufficient money or credit with the drawee of such instrument to make payment of the instrument in full upon presentation is guilty of a gross misdemeanor.
3. The word credit as used in this section means an arrangement or understanding with the person, firm, corporation, bank or depositary for the payment of such check, order or draft.
4. As against the maker or drawer thereof, the making, drawing, uttering or delivering of any check for the purpose of obtaining money, merchandise, property, credit, thing of value or payment of obligation upon any bank, depositary, person, firm or corporation, payment of which is refused by the drawee when presented in the usual course of business because of insufficient funds, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depositary, if such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the protest fees, within 10 days after notice has been sent to the maker or drawer that such check, draft or order has not been paid by the drawee. Such notice shall be sent to the maker or drawer by registered mail, return receipt requested, at the address on the check, draft or order. Return of the notice because of nondelivery to the maker or drawer raises a rebuttable presumption of intent to defraud. Refusal of payment by the drawee because of a nonexistent account is prima facie evidence of intent to defraud.
5. If, pursuant to the provisions of this section, a complainant causes a criminal action to be commenced against a person charging such person with a violation of this section, and thereafter the complainant refuses to testify in such action, it shall be presumed from such fact or facts that the complainant has engaged in an act of malicious prosecution or abuse of process.
6. A notice in boldface type clearly legible and in substantially the following form shall be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
κ1973 Statutes of Nevada, Page 1455 (CHAPTER 727, AB 242)κ
The issuance of a check or checks without funds or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both such fine and imprisonment, and the issuance of such a check or checks in an amount of $100 or more or by a person who previously has been convicted three times of this or a similar offense is punishable 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.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of the [department of] state printing [,] and records division of the department of general services, who may charge a fee based on cost for each copy of such notice supplied to any person.
Sec. 17. NRS 209.350 is hereby amended to read as follows:
209.350 1. The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison.
2. The board shall have the exclusive control of the employment of the prisoners and may employ them in such manner as will best serve the interest of the state and the welfare of the prisoners.
3. The board shall not permit the employment of any prisoner on any other than public work of general advantage to the state, its municipal corporations and political subdivisions. Such work includes, but is not limited to:
(a) Roadwork;
(b) Construction and reconstruction work at the state prison and the prison farm under the supervision of the state planning board;
(c) Work on the prison farm or any state property;
(d) The manufacture of license plates and highway signs;
(e) Work in state parks;
(f) Reforestation of state and federal lands;
(g) Work on fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, and flood relief; and
(h) Work in any industry adopted by the [state planning board] department of general services for the general employment of inmates in whole or in part, if such industry is for the benefit of the state, and not for the benefit of any prisoner.
4. The board may compensate prisoners for labor supplied.
5. On the application of any prisoner whose conduct has been within prison rules and regulations, the warden may permit the prisoner to employ his own time in the manufacture of goods and materials in the prison hobby-craft program. Such goods and materials when fabricated shall be sold by the state on behalf of the prisoner but shall not enter into competition with any free labor or any manufacturers in the State of Nevada.
6. The purpose of this section is to prevent competition of prisoners with free labor and industry in the State of Nevada, except where such labor and industry inures to the direct benefit of the State of Nevada.
κ1973 Statutes of Nevada, Page 1456 (CHAPTER 727, AB 242)κ
Sec. 17.5. NRS 209.350 is hereby amended to read as follows:
209.350 1. The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison.
2. The board shall have the exclusive control of the employment of the prisoners and may employ them in such manner as will best serve the interest of the state and the welfare of the prisoners.
3. The board shall not permit the employment of any prisoner on any other than public work of general advantage to the state, its municipal corporations and political subdivisions. Such work includes, but is not limited to:
(a) Roadwork;
(b) Construction and reconstruction work at the state prison and the prison farm under the supervision of the state public works board;
(c) Work on the prison farm or any state property;
(d) The manufacture of license plates and highway signs;
(e) Work in state parks;
(f) Reforestation of state and federal lands;
(g) Work on fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, and flood relief; and
(h) Work in any industry adopted by the [state public works board] department of general services for the general employment of inmates in whole or in part, if such industry is for the benefit of the state, and not for the benefit of any prisoner.
4. The board may compensate prisoners for labor supplied.
5. On the application of any prisoner whose conduct has been within prison rules and regulations, the warden may permit the prisoner to employ his own time in the manufacture of goods and materials in the prison hobby-craft program. Such goods and materials when fabricated shall be sold by the state on behalf of the prisoner but shall not enter into competition with any free labor or any manufacturers in the State of Nevada.
6. The purpose of this section is to prevent competition of prisoners with free labor and industry in the State of Nevada, except where such labor and industry inures to the direct benefit of the State of Nevada.
Sec. 18. NRS 218.225 is hereby amended to read as follows:
218.225 1. Each senator and assemblyman is entitled to expend as a printing allowance an amount not to exceed the total sum of $60 for the period which begins with the first day of a regular session of the legislature and ends with the 3rd Wednesday in July of the following year.
2. The printing allowance shall be used for reimbursement of the superintendent of the [department of] state printing and records division of the department of general services for the printing of a legislators official stationery, cards and other material appropriate to his official duties and shall not be used for the purpose of political advertising.
3. All orders for the printing specified in subsection 2 shall be placed by legislators with the director of the legislative counsel bureau, who shall approve those claims which comply with the provisions of this section and shall pay such claims from the legislative fund in the same manner as other claims against the state are paid.
κ1973 Statutes of Nevada, Page 1457 (CHAPTER 727, AB 242)κ
and shall pay such claims from the legislative fund in the same manner as other claims against the state are paid.
Sec. 19. NRS 218.2756 is hereby amended to read as follows:
218.2756 1. If the fiscal note is obtained before the bill is introduced the legislative counsel shall submit a copy of the note to the legislator who requests the bill for introduction. If the legislator desires to introduce the bill, the legislative counsel shall attach the original, signed copy of the note to the bill and shall prepare the bill for introduction. A duplicate copy of the note shall be attached to the printers copy of the bill.
2. If the fiscal note is obtained after the bill has been introduced, the legislative counsel shall forward the original, signed copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the duplicate copy to the superintendent of the [department of] state printing and records division of the department of general services for the purposes of printing.
3. The triplicate copy of the fiscal note shall be retained by the legislative counsel.
Sec. 19.5. NRS 218.2756 is hereby amended to read as follows:
218.2756 1. If the fiscal note is obtained before the bill is introduced the legislative counsel shall submit a copy of the note to the requester. If the requester desires to introduce the bill, the legislative counsel shall attach a duplicate copy of the note to the bill and shall prepare the bill for introduction. The original, signed copy of the note shall be retained by the legislative counsel to be used as printers copy after the bill is introduced.
2. If the fiscal note is obtained after the bill has been introduced, the legislative counsel shall forward a duplicate copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the original, signed copy to the superintendent of the [department of] state printing and records division of the department of general services for the purposes of printing.
3. The triplicate copy of the fiscal note shall be retained by the legislative counsel.
Sec. 20. NRS 218.280 is hereby amended to read as follows:
218.280 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 and records division of the department of general services for the purpose of printing, and the copy marked triplicate shall be referred to the legislative counsel.
Sec. 21. NRS 218.290 is hereby amended to read as follows:
218.290 1. The superintendent of the [department of] state printing and records division of the department of general services shall print as many copies of every bill, resolution or fiscal note for any bill introduced in either house of the legislature as shall be authorized by the secretary of the senate and the chief clerk of the assembly.
2. In printing bills and resolutions the superintendent [of the department of state printing] is authorized:
(a) To set the style and form of the printing.
κ1973 Statutes of Nevada, Page 1458 (CHAPTER 727, AB 242)κ
(b) To correct all errors in spelling or punctuation in the copy furnished him.
(c) To supply the enacting clause if omitted.
3. No change shall be made by the superintendent [of the department of state printing] which shall in any way vary the apparent meaning of a bill or resolution.
Sec. 22. NRS 218.300 is hereby amended to read as follows:
218.300 The superintendent of the [department of] state printing and records division of the department of general services shall, immediately after receipt of the copy of any bill or resolution, print, in addition to the regular authorized number, one copy thereof upon heavy buff paper, which copy shall be delivered to the secretary of the senate or to the chief clerk of the assembly. Before the third reading and final passage of the bill or resolution, the legislative counsel shall carefully compare the printed or reprinted copy of the bill or resolution with the triplicate copy thereof and the original amendments as adopted by the house, and, if the printed or reprinted copy is found to be in all respects correct, the legislative counsel shall then certify to the correctness of the bound copy and shall deliver the same to the secretary of the senate or the chief clerk of the assembly as the case may be; whereupon the bound copy printed upon buff paper, so compared and certified, shall be ready for third reading and final passage.
Sec. 23. NRS 218.350 is hereby amended to read as follows:
218.350 1. The legislative counsel shall transmit copies of passed bills or resolutions without delay, in the order of their receipt, to the superintendent of the [department of] state printing [,] and records division of the department of general services, taking his receipt therefor. The receipt shall bear the date of delivery and give the bill or resolution number.
2. The superintendent [of the department of state printing] shall without delay enroll (print) the bills or resolutions in the order of their receipt by him, and they shall be printed in enrolled form, retaining symbols indicating amendments to existing law only. In printing enrolled bills amending existing law, the superintendent, [of the department of state printing,] in cooperation with the legislative counsel, shall cause to be printed between brackets the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendment; and shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by the passage of such amendment.
3. In ascertaining the correct reading, status and interpretation of an enrolled bill amending existing law, the matter inserted within brackets shall be omitted, and the matter in italics shall be read and interpreted as part of the enrolled bill.
4. At least one enrolled copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills and resolutions, shall be printed on bond paper, and the superintendent [of the department of state printing] shall deliver the enrolled copy of the bill or resolution to the legislative counsel. The legislative counsel shall then carefully compare the enrolled copy with the official engrossed copy, and if the enrolled copy is found to be correct the legislative counsel shall present it to the proper officers for their signatures.
κ1973 Statutes of Nevada, Page 1459 (CHAPTER 727, AB 242)κ
shall present it to the proper officers for their signatures. When the officers sign their names thereon, as required by law, it is enrolled. The official engrossed copy may by resolution be used as the enrolled bill.
Sec. 24. (Deleted by amendment.)
Sec. 25. (Deleted by amendment.)
Sec. 26. NRS 218.470 is hereby amended to read as follows:
218.470 1. During each session of the legislature, the superintendent of the [department of] state printing and records division of the department of general services shall print daily in separate book form a sufficient number of copies of the journal of the previous days proceedings of each house to supply the members and officers of both houses. The secretary of the senate and the chief clerk of the assembly shall determine the number of copies necessary for their respective houses.
2. One copy of the daily journal of each house, upon its approval by the house, shall be authenticated as so approved by the presiding officer and the secretary or chief clerk as the case may be. Upon final adjournment of the legislature the authenticated copies of the daily journal of each house for the entire session shall be properly bound in separate volumes and deposited in the office of the secretary of state as the official journals of both houses of the legislature.
Sec. 27. NRS 218.480 is hereby amended to read as follows:
218.480 1. Whenever any message, report or other document in pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of the [department of] state printing and records division of the department of general services for binding with the journals of the senate and assembly.
2. At the end of each session of the legislature, 125 copies of the journals shall be printed, indexed and bound in book form in the same style as those of the 1927 session of the legislature. The journal of each house shall be bound separately.
3. At the end of each session of the legislature, 50 copies of the appendices shall be printed and bound in book form in the same style as those of the 1927 session of the legislature.
4. The director of the legislative counsel bureau shall direct the compilation of the journal indices, and shall deliver the completed journal indices to the superintendent. [of the department of state printing.]
5. The bound volumes shall be delivered to the secretary of state and shall constitute the journals of the senate and the assembly.
6. Each member of the legislature of which such journals are the record shall be entitled to one copy of the senate journal and one copy of the assembly journal.
Sec. 28. NRS 218.500 is hereby amended to read as follows:
218.500 1. The secretary of state shall furnish to the superintendent of the [department of] state printing [,] and records division of the department of general services, within 3 days from the time he receives the same from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.
2. The superintendent [of the department of state printing] shall:
(a) Distribute one copy of each act as printed to each county clerk, county auditor, district judge, district attorney and justice of the peace in the state, and an appropriate number of copies to the director of the legislative counsel bureau.
κ1973 Statutes of Nevada, Page 1460 (CHAPTER 727, AB 242)κ
county auditor, district judge, district attorney and justice of the peace in the state, and an appropriate number of copies to the director of the legislative counsel bureau.
(b) Immediately upon the adjournment of the session, collect, print and bind advance sheets of all acts, resolutions and memorials passed at the session.
(c) Distribute one copy of the advance sheets, without charge, to each county clerk, county auditor, district judge, district attorney and justice of the peace in the state, and an appropriate number of copies to the director of the legislative counsel bureau; and establish the price at which the advance sheets shall be sold to other persons.
3. The director of the legislative counsel bureau shall, immediately upon the adjournment of the session, prepare and deliver to the superintendent [of the department of state printing] an index of all acts, resolutions and memorials passed at the session.
4. The superintendent, [of the department of state printing,] upon receipt of the index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.
Sec. 29. NRS 218.520 is hereby amended to read as follows:
218.520 1. The superintendent of the [department of] state printing and records division of the department of general services is authorized to set the style and form of the printing of the bound volumes of the Statutes of Nevada.
2. In printing the section or part of the law reenacted in an amendatory law, he shall cause to be printed between brackets or in strike-out type the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendments as the same appears in the enrolled bill. He shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by passage of such amendment.
3. In ascertaining the correct reading, status and interpretation of an amendatory law, the matter in italics shall be read and interpreted as part of the law.
Sec. 30. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the legislative counsel is authorized and directed to have the same printed, lithoprinted or reproduced by any other process by the [department of] state printing [.] and records division of the department of general services. The legislative commission shall determine the number of copies which shall be printed or reproduced of each page of:
(a) Each volume of Nevada Revised Statutes;
(b) Each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision; and
(c) Each volume of the digest of cases decided by the Nevada supreme court.
2. Upon completion of the final printing or other reproduction the separate volumes shall be bound as required in this chapter and retained by the legislative counsel for safekeeping and disposition. The legislative counsel shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the legislative counsel bureau printing and binding fund.
κ1973 Statutes of Nevada, Page 1461 (CHAPTER 727, AB 242)κ
as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the legislative counsel bureau printing and binding fund.
3. A master copy of Nevada Revised Statutes shall be kept in the office of the legislative counsel, and the master copy shall not be removed from the office except in the custody of the legislative counsel.
Sec. 30.5. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the legislative counsel is authorized and directed to have the same printed, lithoprinted or reproduced by any other process by the [department of] state printing [.] and records division of the department of general services. The legislative commission shall determine the number of copies which shall be printed or reproduced of each page of:
(a) Each volume of Nevada Revised Statutes;
(b) Each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision; and
(c) Each volume of the digest of cases decided by the Nevada supreme court.
2. Upon completion of the final printing or other reproduction the separate volumes shall be bound as required in this chapter and retained by the legislative counsel for safekeeping and disposition. The legislative counsel shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the legislative fund.
3. A master copy of Nevada Revised Statutes shall be kept in the office of the legislative counsel, and the master copy shall not be removed from the office except in the custody of the legislative counsel.
Sec. 31. NRS 220.140 is hereby amended to read as follows:
220.140 The legislative counsel bureau shall reimburse the superintendent of the [department of] state printing and records division of the department of general services for the cost of printing or reproduction required by this chapter from the legislative counsel bureau printing and binding fund or from legislative appropriations made for that purpose.
Sec. 31.5. NRS 220.140 is hereby amended to read as follows:
220.140 The legislative counsel bureau shall reimburse the superintendent of the [department of] state printing and records division of the department of general services for the cost of printing or reproduction required by this chapter from the legislative fund or from legislative appropriations made for that purpose.
Sec. 32. NRS 231.130 is hereby amended to read as follows:
231.130 The director shall not interfere with the functions of any other state agencies but shall be furnished from time to time, on request, with data and other information from such agencies records bearing on all matters relative to the objectives of the department. It is expected that the director shall avail himself of the records and assistance of the state planning board, the employment security department, the advisory mining board and the bureau of mines, the state forester firewarden, the state department of agriculture, the department of highways, the Nevada department of fish and game, the state engineer, the [director] chief of the budget division of the department of administration, and the state board of finance, and the heads of such other state agencies as in the opinion of the governor might make a contribution to the work of the department.
κ1973 Statutes of Nevada, Page 1462 (CHAPTER 727, AB 242)κ
the budget division of the department of administration, and the state board of finance, and the heads of such other state agencies as in the opinion of the governor might make a contribution to the work of the department.
Sec. 33. NRS 242.010 is hereby amended to read as follows:
242.010 As used in NRS 242.010 to [242.070,] 242.060, inclusive, unless the context otherwise requires:
1. Division means the central data processing division of the department of [administration.] general services.
2. Equipment means any machine or device designed for the automatic handling of coded information, including but not limited to recording, storage and retrieval.
Sec. 34. NRS 242.030 is hereby amended to read as follows:
242.030 1. The provisions of NRS 242.010 to [242.070,] 242.060, inclusive, do not apply to the department of highways, the department of motor vehicles, the state controller, the University of Nevada System, the legislative counsel bureau, the Nevada industrial commission and the employment security department, but subject to the provisions of NRS 242.010 to [242.070,] 242.060, inclusive, such departments, officers and agencies may utilize the services of the division.
2. The division shall provide state agencies with all of their required systems, programming and automatic data processing equipment services.
3. If the demand for services is in excess of the capability of the division to supply such services, the division will contract with other agencies or independent contractors to furnish the required service and will be responsible for the administration of such contracts.
Sec. 35. NRS 242.050 is hereby amended to read as follows:
242.050 Subject to the approval of the director of the department of [administration,] general services, the chief of the division shall adopt regulations necessary for the administration of NRS 242.010 to [242.070,] 242.060, inclusive. Such regulations may include provision for the performance, by any agency which uses the services of the division, of preliminary input procedures, such as data recording and verification, within such agency.
Sec. 36. NRS 331.010 is hereby amended to read as follows:
331.010 The following words shall have the following meaning within the purview of NRS 331.010 to 331.150, inclusive, and shall be so construed:
1. Buildings and grounds division means the buildings and grounds division of the department of [administration.] general services.
2. Director means the director of the department of [administration.] general services.
3. Superintendent means the chief of the buildings and grounds division. [of the department of administration.]
Sec. 37. NRS 331.060 is hereby amended to read as follows:
331.060 1. The superintendent [is authorized and directed to] shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners, watchmen and such other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.150, inclusive.
κ1973 Statutes of Nevada, Page 1463 (CHAPTER 727, AB 242)κ
2. The employees shall perform duties as assigned by the superintendent. [Employees in the unclassified service of the state shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.]
3. The superintendent shall be responsible for the fitness and good conduct of all such employees.
[4. The deputy superintendent of buildings and grounds and the chief assistant each shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.]
Sec. 38. NRS 331.160 is hereby amended to read as follows:
331.160 1. The Marlette Lake water system, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.
2. The purposes of the Marlette Lake water system are:
(a) To provide adequate supplies of water to the areas served.
(b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.
(c) To sell water under equitable and fiscally sound contractual arrangements. Any such contractual arrangement shall not include the value of the land comprising the watershed as an element in determining the cost of water sold.
3. The department of [administration] general services is designated as the state agency to supervise and administer the functions of the Marlette Lake water system.
4. The director of the department of [administration] general services may [:
(a) Assign] assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the department or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive. [; or]
[(b) Sell] 5. The director of the department of administration may sell or lease the Marlette Lake water system, if and in such manner as provided by special law.
[5.] 6. Subject to the limit of funds provided by legislative appropriation or expenditures authorized pursuant to the provisions of chapter 353 of NRS, or both, the chief of the division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive. [The water system supervisor employed by the private owner of the system on the date of acquisition by the State of Nevada shall be employed by the chief of the division, which position shall be in the unclassified service of the state until such employee terminates his employment with the state. Such employee shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182. Thereafter such position shall be in the classified service of the state.]
Sec. 38.5. NRS 331.160 is hereby amended to read as follows:
331.160 1. The Marlette Lake water system, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.
κ1973 Statutes of Nevada, Page 1464 (CHAPTER 727, AB 242)κ
rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.
2. The purposes of the Marlette Lake water system are:
(a) To provide adequate supplies of water to the areas served.
(b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.
(c) To sell water under equitable and fiscally sound contractural arrangements. Any such contractual arrangements shall not include the value of the land comprising the watershed as an element in determining the cost of water sold.
3. The department of [administration] general services is designated as the state agency to supervise and administer the functions of the Marlette Lake water system.
4. The director of the department [administration] general services may assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the department or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive.
5. The director of the department of administration shall:
(a) Develop a plan and program to improve and modernize the existing water shortage and distribution system to its full utilization.
(b) Establish the value of water to be distributed from the system.
(c) Include in the water rate structure provisions for recovery, over a reasonable period, of the major capital costs of improving and modernizing the system.
(d) Assure that the rate structure is equitable for all present and potential customers.
6. Subject to the limit of funds provided by legislative appropriation or expenditures authorized pursuant to the provisions of chapter 353 of NRS, or both, the chief of the division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive. [The water system supervisor employed by the private owner of the system on the date of acquisition by the State of Nevada shall be employed by the chief of the division, which position shall be in the unclassified service of the state until such employee terminates his employment with the state. Such employee shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182. Thereafter such position shall be in the classified service of the state.]
Sec. 39. NRS 331.170 is hereby amended to read as follows:
331.170 1. The state department of conservation and natural resources shall control and administer the land acquired by the State of Nevada with the purchase of the Marlette Lake water system, to assure its optimum use for recreation, water development, forestry and fishery.
2. The state department of conservation and natural resources shall cooperate with the department of [administration or its] general services or the vendee or lessee of the water system:
(a) To preserve and protect the sources of water; and
(b) To preserve and improve the watershed.
κ1973 Statutes of Nevada, Page 1465 (CHAPTER 727, AB 242)κ
3. The state department of conservation and natural resources shall cooperate with the state hoard of fish and game commissioners in the use of Marlette Lake and its tributaries for fishery and propagation.
Sec. 39.5. NRS 331.170 is hereby amended to read as follows:
331.170 1. The state department of conservation and natural resources shall control and administer the land acquired by the State of Nevada with the purchase of the Marlette Lake water system, to assure its optimum use for recreation, water development, forestry and fishery.
2. The state department of conservation and natural resources shall cooperate with the department of [administration:] general services:
(a) To preserve and protect the sources of water; and
(b) To preserve and improve the watershed.
3. The state department of conservation and natural resources shall cooperate with the state board of fish and game commissioners in the use of Marlette Lake and its tributaries for fishery and propagation.
Sec. 40. NRS 331.185 is hereby amended to read as follows:
331.185 1. It is the intent of the legislature in enacting this section that permanence of the gifts and property purchased from donations given by the people of the State of Nevada for the governors mansion be assured.
2. After April 21, 1969, a detailed inventory shall be taken of state property of the governors mansion by the chief of the purchasing division of the department of [administration.] general services. Any new acquisitions thereafter shall be added to the inventory. During December of 1970 and during December of every fourth year thereafter, and immediately upon the succession of a lieutenant governor to occupancy of the mansion whenever this occurs, the chief of the purchasing division of the department of [administration] general services shall conduct an inventory of all property belonging to the governors mansion.
3. The replacement of missing or damaged property belonging to the governors mansion is the responsibility of the governor or acting governor occupying the mansion since the preceding inventory, except:
(a) Where damage is caused by normal wear and tear.
(b) Where there is a loss due to theft, flood, fire or some other cause beyond the control of the governor or his immediate family if such loss is reported to the chief of the purchasing division of the department of [administrative] general services immediately after such loss is discovered.
Sec. 41. NRS 333.020 is hereby amended to read as follows:
333.020 The following words shall have the following meaning within the purview of this chapter, and shall be so construed:
1. Chief means the chief of the purchasing division. [of the department of administration.]
2. Director means the director of the department of [administration.] general services.
3. Purchasing division means the purchasing division of the department of [administration.] general services.
4. Using agencies means any and all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public funds in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, irrigation districts and school districts.
κ1973 Statutes of Nevada, Page 1466 (CHAPTER 727, AB 242)κ
the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, irrigation districts and school districts. The University of Nevada System and the desert research institute of the University of Nevada System are not using agencies except as provided in NRS 333.461.
5. Volunteer fire department means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.
Sec. 42. NRS 333.200 is hereby amended to read as follows:
333.200 1. The chief shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally or by the using agencies.
2. The chief shall:
(a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.
(b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices, and experience with the vendors supplying the different classes of supplies.
(c) Price supplies and materials when purchased and when charged out of stock as used.
(d) Transfer surplus supplies and materials to points where they can be used advantageously.
(e) Direct and make test checks of physical inventories.
(f) Supervise the taking of annual inventories.
(g) Instruct storekeepers in the prescribed procedures for controlling stored materials.
3. The stores records shall be so maintained as to show:
(a) The quantity of each commodity on hand.
(b) The average unit cost, including transportation charges.
(c) The total cost of the supply on hand.
(d) The minimum quantity that should be kept in stock.
(e) The maximum quantity that should be kept in stock at any one time.
4. After all records of previous quantities used by using agencies are compiled, a model stock system shall be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used, and the value of the stock on hand, shall be maintained. However, such inventories of the department of highways, the [superintendent of the department of] state printing and records division of the department of general services and the University of Nevada System shall be maintained by those agencies respectively in accordance with the uniform rules and regulations as provided in this chapter and as may be hereafter promulgated by the chief.
Sec. 43. NRS 336.010 is hereby amended to read as follows:
336.010 As used in this chapter executive officer means the chief of the division of the department of [administration] general services designated by the director of [the department of administration] that department to operate the state motor pool.
κ1973 Statutes of Nevada, Page 1467 (CHAPTER 727, AB 242)κ
of the division of the department of [administration] general services designated by the director of [the department of administration] that department to operate the state motor pool.
Sec. 44. NRS 336.040 is hereby amended to read as follows:
336.040 The state motor pool shall be operated by a division of the department of [administration] general services to be designated by the director of [the department of administration.] that department.
Sec. 45. NRS 344.015 is hereby amended to read as follows:
344.015 [Department means the department of state printing.] Division means the state printing and records division of the department of general services.
Sec. 46. NRS 344.019 is hereby amended to read as follows:
344.019 Superintendent means the [superintendent of the department of state printing.] chief of the division.
Sec. 47. NRS 344.021 is hereby amended to read as follows:
344.021 1. [There is hereby created the department of state printing.
2. The department shall consist] The division consists of a superintendent and the following [divisions:] sections:
(a) Printing [division.] section.
(b) Reproduction [division.] section.
[3.] 2. The superintendent may create within the [divisions of the department] sections of the division necessary working units relating but not limited to the composing room, the letterpress room, the bindery, [and] the offset press room [.] and the records management unit.
Sec. 48. NRS 344.023 is hereby amended to read as follows:
344.023 [1. The office of superintendent of the department of state printing is hereby created.
2. The superintendent shall be appointed by and be responsible to the governor. He shall be in the unclassified service of the state.
3.] No person is eligible for the office of superintendent who has not had 5 years experience in the art of printing, including 2 years of supervisory or administrative experience beyond the level of foreman.
Sec. 49. NRS 344.025 is hereby amended to read as follows:
344.025 [1. The superintendent shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
2.] Before entering into office, the superintendent shall execute a surety bond, payable to the state in the sum of $10,000, conditioned for the faithful performance of all duties which may be required of him by law.
[3. The superintendent shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.]
Sec. 50. NRS 344.040 is hereby amended to read as follows:
344.040 The superintendent shall:
1. Supervise the operations of the [department.] division.
2. Take charge of and be responsible for all manuscripts or other matter which may be delivered to him for printing or reproduction.
3. Receive and promptly execute all orders for printing or reproduction required by the various state officers, boards and commissions.
κ1973 Statutes of Nevada, Page 1468 (CHAPTER 727, AB 242)κ
4. Submit a biennial report through the director of the department of general services to the legislative commission and the governor concerning the complete transactions of the [department.] division.
5. Appoint as chiefs of the printing and reproduction [divisions] sections persons who are skilled in these respective arts and who have demonstrated supervisory and administrative ability. [The chiefs of the divisions shall be in the classified service of the state.]
6. Maintain perpetual inventory records of equipment in the [department.] division. He shall include in his biennial report required by subsection 4 a statement of all changes in the equipment inventory made since the submission of his last report.
Sec. 51. NRS 344.050 is hereby amended to read as follows:
344.050 1. The superintendent shall not permit any other than state work to be done in the [department.] division.
2. All state officers, boards, commissions, trustees, regents and directors required or authorized by law to make reports or to publish circulars, bulletins, printed books, stationery or printed matter of any kind shall:
(a) Have the printing, reproduction and binding of such material done by the [department,] division, at the expense of their respective funds or appropriations; or
(b) Produce the reports or other published matter within their respective agencies by use of copying or duplicating machines other than printing by letterpress or the offset process.
3. The printing of official stationery, cards and other material appropriate to the official duties of members of the legislature shall be done in the [department] division at the expense of the legislative fund.
4. Invitations, tickets of admission, programs, menus or the like for any state institution or school shall not be considered state printing, and the superintendent is directed not to accept the same.
5. Nothing in this chapter shall be construed to mean that the superintendent is required or expected to perform any work other than that which the type, machinery and other printing, reproduction and binding appliances in the [department] division will permit.
Sec. 51.5. NRS 344.050 is hereby amended to read as follows:
344.050 1. The superintendent shall not permit any other than state work to be done in the [department.] division.
2. All state officers, boards, commissions, trustees, regents and directors required or authorized by law to make reports or to publish circulars, bulletins, printed books, stationery or printed matter of any kind shall:
(a) Have the printing, reproduction and binding of such material done by the [department,] division, at the expense of their respective funds or appropriations; or
(b) Produce the reports or other published matter within their respective agencies by use of copying or duplicating machines other than printing by letterpress or the offset process.
3. The printing of official stationary, cards and other material appropriate to the official duties of members of the legislature shall be done in the [department] division at the expense of the legislative fund.
4. Invitations, tickets of admission, programs, menus or the like for any state institution or school shall not be considered state printing, and the superintendent is directed not to accept the same but he may print such material for official state functions.
κ1973 Statutes of Nevada, Page 1469 (CHAPTER 727, AB 242)κ
the superintendent is directed not to accept the same but he may print such material for official state functions.
5. Nothing in this chapter shall be construed to mean that the superintendent is required or expected to perform any work other than that which the type, machinery and other printing, reproduction and binding appliances in the [department] division will permit.
Sec. 52. NRS 344.055 is hereby amended to read as follows:
344.055 1. No state agency may purchase any multiple duplication equipment without the prior approval of the superintendent.
2. Before the superintendent approves such purchase, he shall first determine that such agencys need for such equipment justifies such purchase and that the purchase of such equipment will not diminish the efficiency of the [department.] division.
3. The superintendent may, with the approval of the director of the department of general services, order the transfer of all multiple duplication equipment from any agency to the [department] division or to any other agency. He may declare any such equipment surplus and may order the disposition of such equipment in the manner provided by law.
Sec. 52.5. NRS 344.055 is hereby amended to read as follows:
344.055 1. No state agency may purchase, lease, rent or meter any multiple duplication equipment without the prior approval of the superintendent.
2. Before the superintendent approves such action, he shall first determine that such agencys need for such equipment justifies such action and that such action will not diminish the efficiency of the [department.] division. When multiple duplication equipment is declared surplus or unusable, the disposal of such equipment shall be coordinated with the superintendent.
3. The superintendent may, with the approval of the director of the department of general services, order the transfer of all multiple duplication equipment from any agency to the [department] division or to any other agency. He may declare any such equipment surplus and may order the disposition of such equipment in the manner provided by law.
4. Type that has been composed by the [department of state printing] division may not be reproduced by any other state agency either by photo or electrostatic process without approval of the superintendent.
Sec. 53. NRS 344.080 is hereby amended to read as follows:
344.080 1. The superintendent shall employ such compositors, machine operators, pressmen and assistants as the exigency of the work from time to time requires, and he may at any time discharge such employees. At no time shall he employ more compositors, machine operators, pressmen and assistants than the necessities of the [department] division may require.
2. The compensation of such compositors, machine operators, pressmen and assistants shall be fixed by the personnel division of the department of administration, but at no time shall such employees receive a higher rate of wages than is recognized by the employing printers of the State of Nevada or than the nature of the employment may require.
3. All clerical employees and such other persons as are employed for work not directly related to the printing crafts shall be in the classified service of the state.
κ1973 Statutes of Nevada, Page 1470 (CHAPTER 727, AB 242)κ
service of the state. [The chief assistant shall be in the classified service of the state and shall receive a salary fixed by the personnel division of the department of administration.
4. On the first business day after the 1st and 15th days of each month the superintendent shall submit to the state board of examiners a statement of the salary or wages due each employee for the semimonthly period immediately preceding. The state board of examiners shall then immediately consider the payroll, and after its approval by the board, or a majority thereof, the state controller shall draw his warrants on the state treasurer in payment of the salaries or wages in the same manner as other salaries are paid.]
Sec. 54. NRS 344.090 is hereby amended to read as follows:
344.090 1. There is hereby created in the state treasury a fund to be known as the state printing fund.
2. The state printing fund shall consist of the funds appropriated to carry out the provisions of this chapter, and all moneys received in the state printing fund from any source whatever in payment of all printing, reproduction and binding done in the [department.] division.
3. All expenses for the support of the [department,] division, including the salary of the superintendent, shall be paid from the state printing fund.
4. Within 6 months after the end of each fiscal year, any profit in excess of $175,000 shall revert to the fund or account from which received in proportion to the amount charged such fund or account during that fiscal year. The profit realized for the biennium shall be determined in accordance with generally accepted accounting principles for intragovernmental service funds.
Sec. 55. NRS 344.095 is hereby amended to read as follows:
344.095 Commencing July 1, 1971, and continuing until the construction costs of $590,017 for the plant of the [department] division have been paid, the [department] division shall pay annually to the state treasurer for deposit in the general fund in the state treasury 2 percent of the buildings original acquisition cost.
Sec. 56. NRS 344.100 is hereby amended to read as follows:
344.100 The state controller and the state treasurer [are authorized and directed to] shall transfer from the general fund to the state printing fund any and all moneys appropriated from time to time by the legislature for the support of the [department.] division.
Sec. 57. NRS 344.160 is hereby amended to read as follows:
344.160 1. Should any state officer, commissioner, trustee or superintendent consider that the requirements of his office, department or institution demand stationery, blanks, forms or work of any character which cannot be performed in the [department,] division, and if it appear that, through lack of necessary machinery or appliances, the work cannot be done satisfactorily in the [department,] division, the superintendent shall authorize the state officer, commissioner, trustee or superintendent to have the work performed in a commercial printing establishment, the cost of the same to be paid out of the contingent fund provided for the expenses of state officers or out of the fund provided for the support of the commission or institution requiring the work, as the case may be.
κ1973 Statutes of Nevada, Page 1471 (CHAPTER 727, AB 242)κ
2. The state controller is directed not to draw his warrant in payment for any printed matter except such as is authorized by subsection 1.
Sec. 58. NRS 344.170 is hereby amended to read as follows:
344.170 1. Whenever any printed matter printed in the [department] division or in any privately owned and operated printing establishment in the State of Nevada, for any state department, board or farm bureau requires the use of photoengraved plates consisting of copper and zinc halftones and etchings, or halftones and etchings composed of any other metal, the same shall be purchased from some bona fide commercial establishment making or manufacturing the same within the State of Nevada.
2. If there is no commercial establishment adequately equipped to furnish such halftones and etchings, then the same may be purchased from any commercial establishment outside of the State of Nevada.
3. The state board of examiners shall not approve any claim for payment for work done by any establishment in violation of the provisions of this section.
4. The provisions of this section are contingent upon satisfactory services being rendered by all such commercial establishments within the State of Nevada making or manufacturing such halftones or etchings and reasonable charges made therefor. Reasonable charges means a charge not in excess of the amount necessary to be paid for the purchase of such halftones and etchings in similar commercial establishments in other states.
Sec. 59. NRS 345.020 is hereby amended to read as follows:
345.020 Upon receipt of copies of each volume of Nevada Reports from the superintendent of the [department of state printing,] state printing and records division of the department of general services, as provided in NRS 2.380, the secretary of state shall distribute them as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. To the supreme court law library, two copies.
3. To each state officer, justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, and justice of the peace in this state, one copy.
4. To each public library in this state, one copy.
5. To the Nevada historical society, one copy.
Sec. 60. NRS 345.025 is hereby amended to read as follows:
345.025 Within the limits of legislative appropriations, the secretary of state is authorized to pay the superintendent of the [department of state printing] state printing and records division of the department of general services for the reproduction by printing or other reproductive process of volumes of Nevada Reports which are out of print or of limited supply in the office of the secretary of state. Such reproduced volumes may be bound so as to contain one or more volumes of the original Nevada Reports and shall be sold to the public at the prices provided in NRS 345.050. The proceeds of such sales shall be deposited by the secretary of state in the general fund in the state treasury.
Sec. 61. NRS 349.071 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1472 (CHAPTER 727, AB 242)κ
349.071 1. The state [general obligation bond commission, consisting of the governor, the state controller and the state treasurer, is hereby created with perpetual existence.
2. The state general obligation bond commission] board of examiners may issue and redeem securities on behalf of the state, when such issue is authorized by law, in the manner provided by the State Securities Law.
2. The state board of examiners constitutes the successor of the state general obligation bond commission and any like commission created prior to April 25, 1967.
3. In connection with any outstanding state securities issued on behalf of the State of Nevada by the state general obligation bond commission or any such predecessor commission, the state [general obligation bond commission] board of examiners may fund, refund and reissue such securities and may otherwise exercise on behalf of the state the supplemental powers provided in the State Securities Law.
Sec. 62. NRS 349.072 is hereby amended to read as follows:
349.072 There is hereby created in the general fund in the state treasury the state [general obligation bond commission] bond issuance account to which moneys may be appropriated for the payment of incidental expenses pertaining to state securities and projects relating thereto.
Sec. 63. NRS 349.162 is hereby amended to read as follows:
349.162 Commission means the state board of examiners, any state general obligation bond commission or any other commission, board or other agency of the state which is authorized by law to issue bonds or other securities in the name and on behalf of the state in accordance with the provisions of the State Securities Law, and means any such successor agency of this state.
Sec. 64. NRS 360.110 is hereby amended to read as follows:
360.110 All forms, blanks, envelopes, letterheads, circulars and reports required to be printed by the Nevada tax commission shall be printed by the [department of] state printing and records division of the department of general services under the general provisions of chapter 344 of NRS.
Sec. 65. NRS 378.180 is hereby amended to read as follows:
378.180 1. Every state agency shall, upon release, deposit a specified number of copies of each of its state publications with the state publications distribution center to meet the needs of the depository library system and to provide interlibrary loan service to those libraries without depository status. This distribution shall be required only if sufficient funds are appropriated for the printing of these materials.
2. For each item printed by the [department of] state printing [,] and records division of the department of general services, 50 additional copies shall be authorized to be printed by the [department of state printing,] division, these to be collected by the state publications distribution center and distributed to public and university libraries within the state.
3. All city, county and regional agencies shall, upon release, deposit at least one copy of each of its publications with the state publications distribution center and a list of its publications for a calendar year.
Sec. 66. NRS 381.105 is hereby amended to read as follows:
381.105 [Notwithstanding any provisions of law to the contrary, the] The board of trustees is authorized to establish a procedure whereby extraordinary or emergency purchases of supplies, materials or equipment may be made by the director, through expenditures of donated or dedicated funds only, with permission of the chief of the purchasing division of the department of [administration,] general services, but without otherwise meeting the requirements of the State Purchasing Act.
κ1973 Statutes of Nevada, Page 1473 (CHAPTER 727, AB 242)κ
the] The board of trustees is authorized to establish a procedure whereby extraordinary or emergency purchases of supplies, materials or equipment may be made by the director, through expenditures of donated or dedicated funds only, with permission of the chief of the purchasing division of the department of [administration,] general services, but without otherwise meeting the requirements of the State Purchasing Act.
Sec. 67. NRS 381.270 is hereby amended to read as follows:
381.270 1. Subject to the provisions of subsection 2, the chief of the buildings and grounds division of the department of [administration] general services for and on behalf of the Lost City museum may accept gifts, devises or bequests of real or personal property from any source and may use the same in any manner consistent with the purposes of the museum.
2. No gift, devise or bequest shall be accepted by the chief of the buildings and grounds division [of the department of administration] for the Lost City museum, whether or not such gift, devise or bequest may confer a benefit upon the people of the State of Nevada, unless prior legislative approval in the form of a concurrent resolution is obtained.
Sec. 68. NRS 382.015 is hereby amended to read as follows:
382.015 [Notwithstanding any provisions of law to the contrary, the] The board of trustees is authorized to establish a procedure whereby extraordinary or emergency purchases of supplies, materials or equipment may be made by the chairman of the board of trustees, through expenditures of donated or dedicated funds only, with permission of the chief of the purchasing division of the department of [administration,] general services, but without otherwise meeting the requirements of the State Purchasing Act.
Sec. 69. NRS 382.050 is hereby amended to read as follows:
382.050 1. The superintendent of the [department of] state printing and records division of the department of general services shall cause such number of copies of historical papers issued by the society to be printed as may be ordered by the society. When printed, the copies shall be delivered to the executive secretary of the Nevada historical society to be sold for the societys benefit, to be exchanged, or to be distributed to its members.
2. All plates for illustrating any volume shall be furnished to the superintendent [of the department of state printing] by the society, and the costs of printing, binding and transportation shall be paid by the society.
3. The society may sell pamphlets or books prepared solely by or printed for the society which shall be for the purpose of disseminating general or historical information only. The society may deposit the proceeds of such sales in an insured commercial bank account.
4. Funds received by the society from donations, grants or any other source may be deposited in the account provided for in subsection 3. Expenditures of such funds shall be limited to the purpose of the donation, grant or other source of the fund.
5. A trustee designated by the board of trustees and the executive secretary or his designee shall jointly:
(a) Draw all checks on the account established pursuant to subsection 3.
κ1973 Statutes of Nevada, Page 1474 (CHAPTER 727, AB 242)κ
(b) Endorse all checks or other negotiable items made payable to the Nevada historical society for deposit in the account established pursuant to subsection 3.
Sec. 70. NRS 385.130 is hereby amended to read as follows:
385.130 The board shall cause the superintendent of the [department of] state printing and records division of the department of general services to do any printing required by the board, such as Title 34 of NRS, state courses of study, the proceedings of teachers institutes, blank forms, and such other matter as the board may require. Textbooks shall not be printed by the superintendent of the [department of] state printing [.] and records division of the department of general services.
Sec. 71. NRS 385.140 is hereby amended to read as follows:
385.140 The board may publish a bulletin as the official organ of the state department of education. The bulletin may be mimeographed, printed, or reproduced by any other method in the [department of] state printing [,] and records division of the department of general services, within the funds available for such purpose.
Sec. 72. NRS 396.436 is hereby amended to read as follows:
396.436 The board of regents shall cause perpetual inventory records and controls to be maintained for all equipment, materials and supplies stored or used by or belonging to the university or its departments. Copies of current inventory records and controls shall be delivered to the chief of the purchasing division of the department of [administration,] general services, and such copies shall satisfy the requirements of NRS 333.200.
Sec. 73. NRS 407.057 is hereby amended to read as follows:
407.057 1. The system shall maintain its headquarters office at Carson City, Nevada.
2. The system may maintain such district or branch offices throughout the state as the administrator may deem necessary to the efficient operation of the system and the various sections thereof. The administrator is hereby authorized, on behalf of the system, to enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements shall be executed in cooperation with the buildings and grounds division of the department of [administration] general services and in accordance with the provisions of NRS 331.110.
Sec. 74. NRS 408.230 is hereby amended to read as follows:
408.230 The superintendent of the [department of] state printing and records division of the department of general services shall prepare and furnish such stationery and printing, including all such reports, statistics, forms, instruments and accounts as may be necessary for the use of the department and its offices upon the requisition of the engineer. Charges and payments for such shall be made as provided in NRS 344.110.
Sec. 75. NRS 458.080 is hereby amended to read as follows:
458.080 The alcoholism division may:
1. By contracting with organized groups, render partial financial assistance in the operation of treatment and rehabilitation facilities established by these groups. Each such contract shall contain a provision allowing the fiscal analyst to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.
κ1973 Statutes of Nevada, Page 1475 (CHAPTER 727, AB 242)κ
allowing the fiscal analyst to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.
2. Aid such established rehabilitation centers in the procurement of supplies and equipment and act as receiving agent for such centers in the procurement of government surplus from the purchasing division of the department of [administration.] general services.
Sec. 76. NRS 463.028 is hereby amended to read as follows:
463.028 1. The commission shall keep its main office at Carson City, Nevada, in conjunction with the board in rooms provided by the buildings and grounds division of the department of [administration.] general services.
2. The commission may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this state, in space to be provided by the buildings and grounds division.
Sec. 77. NRS 463.100 is hereby amended to read as follows:
463.100 1. The board shall keep its main office at Carson City, Nevada, in conjunction with the commission in rooms provided by the buildings and grounds division of the department of [administration.] general services.
2. The board may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this state, in space to be provided by the buildings and grounds division.
Sec. 78. NRS 481.055 is hereby amended to read as follows:
481.055 1. The department shall keep its main office at Carson City, Nevada, in rooms provided by the buildings and grounds division of the department of [administration.] general services.
2. The department may maintain such branch offices throughout the state as the director may deem necessary to the efficient operation of the department and the various divisions thereof. The director is authorized, on behalf of the department, to enter into such leases or other agreements as may be necessary to the establishment of such branch offices.
Sec. 79. NRS 501.341 is hereby amended to read as follows:
501.341 1. The headquarters office of the department shall be maintained at Reno. Other offices may be established throughout the state in number and location as will, in the opinion of the director, provide an efficient departmental operation.
2. The director may enter into such leases and other agreements as may be necessary for the establishment of such offices. Such leases shall be executed with the assistance of the buildings and grounds division of the department of [administration] general services as provided by law.
Sec. 80. NRS 553.090 is hereby amended to read as follows:
553.090 The agricultural extension department of the public service division of the University of Nevada System annually shall prepare the information resulting from such demonstration in a form serviceable to aid and advance agricultural welfare of the state. Such number of copies thereof as may be deemed necessary, not exceeding 10,000, shall be printed by the [department of] state printing and records division of the department of general services for free distribution.
κ1973 Statutes of Nevada, Page 1476 (CHAPTER 727, AB 242)κ
Sec. 81. NRS 561.235 is hereby amended to read as follows:
561.235 1. The department shall maintain its headquarters office at Reno, Nevada.
2. The department may maintain such district or branch offices throughout the state as the executive director may deem necessary to the efficient operation of the department and the various divisions thereof. The executive director is hereby authorized, on behalf of the department, to enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements shall be executed in cooperation with the buildings and grounds division of the department of [administration] general services and in accordance with the provisions of NRS 331.110.
Sec. 82. NRS 584.235 is hereby amended to read as follows:
584.235 The commissioner of food and drugs shall make uniform rules and regulations for the proper enforcement of NRS 584.215 to 584.285, inclusive, and the same shall be printed in the [department of] state printing and records division of the department of general services and distributed by the commissioner of food and drugs upon application therefor to licensed or other dairymen, creameries and other persons interested in the same.
Sec. 83. NRS 598.030 is hereby amended to read as follows:
598.030 1. As used in this section and in sections 2 and 3 of [this act:] Senate Bill No. 334 of the 57th session of the legislature:
(a) Merchandise means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
(b) Merchant means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchants premises.
(c) Premises means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.
2. Any merchant may request any individual on his premises to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant shall be criminally or civilly liable on account of having made such a request.
3. Any merchant who has reason to believe that merchandise has been wrongfully taken by an individual and that he can recover such merchandise by taking such individual into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the individual into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. Such taking into custody and detention by a merchant shall not render such merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such taking into custody and detention are unreasonable under all the circumstances.
4. No merchant shall be entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:
κ1973 Statutes of Nevada, Page 1477 (CHAPTER 727, AB 242)κ
Any merchant or his agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 598.030 and sections 2 and 3 of [this act.] Senate Bill No. 334 of the 57th session of the legislature.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of the [department of] state printing [.] and records division of the department of general services. The superintendent [of the department of state printing shall be entitled to] may charge a fee based on cost for each copy of such notice supplied to any person.
Sec. 84. NRS 607.090 is hereby amended to read as follows:
607.090 All forms, blanks, envelopes, letterheads, circulars, bulletins and reports required to be printed by the labor commissioner shall be printed by the [department of] state printing and records division of the department of general services as required by the provisions of chapter 344 of NRS.
Sec. 85. NRS 607.100 is hereby amended to read as follows:
607.100 With the approval of the state board of examiners, the labor commissioner is authorized to compile and issue such bulletins pertaining to labor and industries of the state as he may deem necessary. When approved for printing and distribution, such bulletins shall be printed by the [department of] state printing [.] and records division of the department of general services.
Sec. 86. NRS 616.215 is hereby amended to read as follows:
616.215 Except in cases of emergency, all necessary printing, including forms, blanks, envelopes, letterheads, circulars, pamphlets, bulletins and reports required to be printed by the commission shall be done by the [department of] state printing [.] and records division of the department of general services.
Sec. 87. NRS 626.240 is hereby amended to read as follows:
626.240 1. The inspector of mines shall prescribe a form of license to be issued by the district examining boards.
2. Within the provisions of chapter 344 of NRS, the superintendent of the [department of] state printing and records division of the department of general services shall:
(a) Supply the forms required by the inspector of mines.
(b) Furnish such other printed matter in quantities required to carry out the provisions of this chapter.
Sec. 88. NRS 673.0354 is hereby amended to read as follows:
673.0354 Upon request of the commissioner, the buildings and grounds division of the department of [administration] general services shall assign and make available to the commissioner and the board suitable and convenient rooms or space for their use.
Sec. 89. NRS 703.120 is hereby amended to read as follows:
703.120 The commission shall keep its office at Carson City, Nevada, in rooms provided by the buildings and grounds division of the department of [administration.] general services.
κ1973 Statutes of Nevada, Page 1478 (CHAPTER 727, AB 242)κ
Sec. 90. NRS 703.200 is hereby amended to read as follows:
703.200 Except in cases of emergency, all the necessary printing of the commission shall be done by the [department of] state printing [.] and records division of the department of general services. The superintendent of [the department of state printing] that division shall have such printing done as expeditiously as possible.
Sec. 91. NRS 242.070, 331.030, 333.070 and 482.145 are hereby repealed.
Sec. 92. 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 which is further amended or added by another act:
1. If reference is made to the department of administration, retain such reference or substitute a reference to the department of general services, according to the function involved.
2. If reference is made to the department of state printing, substitute a reference to the state printing and records division of the department of general services.
3. If an internal reference is made to a section repealed by this act, delete the reference or correct it by reference to the superseding section if any.
4. Appropriately correct any other reference to an agency whose name has been changed or to an officer whose office has been abolished by this act, according to the disposition under this act of the function involved.
Sec. 93. 1. Sections 17 and 32 of this act shall not become effective if Assembly Bill 601 of the 57th session of the Nevada legislature becomes law.
2. Section 17.5 of this act shall not become effective if Assembly Bill 601 of the 57th session of the Nevada legislature does not become law.
3. Section 19 of this act shall not become effective if Senate Bill 390 of the 57th session of the Nevada legislature becomes law.
4. Section 19.5 of this act shall not become effective if Senate Bill 390 of the 57th session of the Nevada legislature does not become law.
5. Sections 30 and 31 of this act shall not become effective if Senate Bill 617 of the 57th session of the Nevada legislature becomes law.
6. Sections 30.5 and 31.5 of this act shall not become effective if Senate Bill 617 of the 57th session of the Nevada legislature does not become law.
7. Sections 38 and 39 of this act shall not become effective if Senate Bill 389 of the 57th session of the Nevada legislature becomes law.
8. Sections 38.5 and 39.5 of this act shall not become effective if Senate Bill 389 of the 57th session of the Nevada legislature does not become law.
9. Section 51 of this act shall not become effective if Assembly Bill 770 of the 57th session of the Nevada legislature becomes law.
10. Section 51.5 of this act shall not become effective if Assembly Bill 770 of the 57th session of the Nevada legislature does not become law.
11. Section 52 of this act shall not become effective if Assembly Bill 769 of the 57th session of the Nevada legislature becomes law.
κ1973 Statutes of Nevada, Page 1479 (CHAPTER 727, AB 242)κ
12. Section 52.5 of this act shall not become effective if Assembly Bill 769 of the 57th session of the Nevada legislature does not become law.
13. Section 75 of this act shall not become effective if Senate Bill 590 of the 57th session of the Nevada legislature becomes law.
Sec. 94. This act shall become effective at 12:03 a.m. on July 1, 1973.
________
Assembly Bill No. 298Committee on Government Affairs
CHAPTER 728
AN ACT relating to the state government; providing for the appointment of the inspector of mines by the Nevada industrial commission; expanding the jurisdiction of the department of industrial safety; 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 281.010 is hereby amended to read as follows:
281.010 1. The following officers shall be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Five justices of the supreme court.
(g) District judges, as provided in NRS 3.010.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) [An inspector of mines.
(n)] Other officers whose elections are provided for by law.
[(o)] (n) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor, except where otherwise provided by law.
(6) One county treasurer, except where otherwise provided by law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who shall be ex officio county auditor in counties having a population of less than 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
κ1973 Statutes of Nevada, Page 1480 (CHAPTER 728, AB 298)κ
counties having a population of less than 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. The following officers shall be appointed:
(a) Notaries public.
(b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(c) All officers who are not elected.
Sec. 2. NRS 512.020 is hereby amended to read as follows:
512.020 1. The inspector of mines shall not at the time of his [election,] appointment, or at any time during the term of his office, be an officer, director or employee in or of any mining corporation in this state, or in or of any milling corporation in the state engaged in the business of smelting or reducing ores.
2. The inspector of mines shall have had at least 7 years experience in mines, mills, beneficiation plants or smelters, at least 3 years of which shall be in underground mining.
Sec. 3. NRS 512.030 is hereby amended to read as follows:
512.030 1. The inspector of mines shall be [elected every 4 years at the same time and in the same manner as other officers of the executive department of the State of Nevada are elected.] appointed by the Nevada industrial commission.
2. He shall: [hold his office for the term of 4 years, or until his successor is elected and qualified.]
(a) Serve at the pleasure of such commission; and
(b) Be in the unclassified service of the state.
Sec. 4. NRS 618.180 is hereby amended to read as follows:
618.180 1. The department of industrial safety shall have full power, jurisdiction and authority over all employments: [not within the jurisdiction of the inspector of mines or the public service commission of Nevada:]
(a) To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order.
(b) To fix such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, to be as nearly uniform as practical, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives and safety of employees in employments and places of employment.
(c) To fix and order such reasonable standards for the construction, repair and maintenance of places of employment as shall render them safe.
(d) To require the performance of any other act which the protection of the lives and safety of employees in employments and places of employment may reasonably demand.
(e) To appoint advisers, and fix their compensation, who shall assist the department in establishing standards of safety, and the department may adopt and incorporate in its general orders such safety recommendations as it may receive from such advisers.
κ1973 Statutes of Nevada, Page 1481 (CHAPTER 728, AB 298)κ
the department in establishing standards of safety, and the department may adopt and incorporate in its general orders such safety recommendations as it may receive from such advisers.
2. Nothing in this section shall be construed to invest the department of industrial safety with any power, jurisdiction and authority over motor vehicles operating on the public highways.
Sec. 5. Section 4 of this act shall not become effective if section 78 of Senate Bill 629 of the 57th session of the Nevada legislature becomes law.
Sec. 6. This act shall become effective at 12:01 a.m. on July 1, 1973, for the purpose of precluding the nomination or election of an inspector of mines at the general election in 1974, and shall become effective for all other purposes on the 1st Monday of January 1975.
________
Assembly Bill No. 301Committee on Commerce
CHAPTER 729
AN ACT relating to consumer protection; creating the consumer affairs division of the department of commerce; regulating deceptive trade practices; providing injunctive relief; providing a method of voluntary compliance; providing for notice; providing penalties; 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 232.230 is hereby amended to read as follows:
232.230 1. The department of commerce is hereby created.
2. The department shall consist of a director and the following divisions:
(a) Banking division.
(b) Consumer affairs division.
(c) Insurance division.
[(c)] (d) Real estate division.
[(d)] (e) Savings and loan division.
Sec. 1.5. NRS 232.230 is hereby amended to read as follows:
232.230 1. The department of commerce is hereby created.
2. The department shall consist of a director and the following divisions:
(a) Banking division.
(b) Consumer affairs division.
(c) Insurance division.
[(c)] (d) Real estate division.
[(d)] (e) Savings and loan division.
[(e)] (f) State fire marshal division.
Sec. 2. NRS 232.250 is hereby amended to read as follows:
232.250 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department.
κ1973 Statutes of Nevada, Page 1482 (CHAPTER 729, AB 301)κ
divisions of the department. In making such appointments, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and shall make such appointments after consultation with and concurrence of such organizations. The chief of the banking division shall be known as the superintendent of banks, the chief of the consumer affairs division shall be known as the commissioner of consumer affairs, the chief of the insurance division shall be known as the commissioner of insurance, the chief of the real estate division shall be known as the real estate administrator, and the chief of the savings and loan division shall be known as the commissioner of savings associations.
2. Be responsible for the administration, through the divisions of the department, of the provisions of Titles 55 to 57, inclusive, of NRS, chapter 645 of NRS, sections 4 to 32, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department.
Sec. 2.5. NRS 232.250 is hereby amended to read as follows:
232.250 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department. In making such appointments, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and shall make such appointments after consultation with and concurrence of such organizations. The chief of the banking division shall be known as the superintendent of banks, the chief of the consumer affairs division shall be known as the commissioner of consumer affairs, the chief of the insurance division shall be known as the commissioner of insurance, the chief of the real estate division shall be known as the real estate administrator, the chief of the savings and loan division shall be known as the commissioner of savings associations and the chief of the state fire marshal division shall be known as the state fire marshal.
2. Be responsible for the administration, through the divisions of the department, of the provisions of Title 55 to 57, inclusive, of NRS, chapter 645 of NRS, sections 4 to 32, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department.
Sec. 3. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 32, inclusive, of this act.
Sec. 4. As used in sections 4 to 32, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 16, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 5. Advertisement means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation or to acquire any title or interest in any property.
Sec. 6. Certification mark means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.
κ1973 Statutes of Nevada, Page 1483 (CHAPTER 729, AB 301)κ
Sec. 7. Collective mark means a mark used by members of a cooperative, association or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization.
Sec. 8. Commissioner means the commissioner of consumer affairs.
Sec. 9. A person engages in a deceptive trade practice when in the course of his business or occupation he:
1. Knowingly passes off goods or services as those of another.
2. Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services.
3. Knowingly makes a false representation as to affiliation, connection, association with or certification by another.
4. Uses deceptive representations or designations of geographic origin in connection with goods or services.
5. Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.
6. Represents that goods are original or new if he knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.
7. Represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if he knows or should know that they are of another.
8. Disparages the goods, services or business of another by false or misleading representation of fact.
9. Advertises goods or services with intent not to sell them as advertised.
10. Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.
11. Advertises under the guise of obtaining sales personnel when in fact the purpose is to first sell a product or service to the sales personnel applicant.
12. Makes false or misleading statements of fact concerning the price of goods or services, or the reasons for, existence of or amounts of price reductions.
13. Employs bait and switch advertising, which consists of an attractive but insincere offer to sell a product or service which the seller in truth does not intend or desire to sell, accompanied by one or more of the following practices:
(a) Refusal to show the product advertised.
(b) Disparagement in any material respect of the advertised product or the terms of sale.
(c) Requiring tie-in sales or other undisclosed conditions to be met prior to selling the advertised product or service.
(d) Refusal to take orders for the product advertised for delivery within a reasonable time.
(e) Showing or demonstrating a defective product which is unusable or impractical for the purposes set forth in the advertisement.
κ1973 Statutes of Nevada, Page 1484 (CHAPTER 729, AB 301)κ
(f) Accepting a deposit for the product and subsequently switching the purchase order to a higher priced item.
(g) Failure to make deliveries of the product within a reasonable time or to make a refund therefor.
14. Knowingly fails to identify flood-damaged or water-damaged goods as to such damages.
15. Solicits by telephone or door to door as a seller, unless the seller identifies himself, whom he represents and the purpose of his call within 30 seconds after beginning the conversation.
16. Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.
Sec. 10. Mark means a word, name, symbol, device or any combination of the foregoing in any form or arrangement.
Sec. 11. Person means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.
Sec. 12. Property means any real or personal property, or both real and personal property, intangible property or services.
Sec. 13. Service mark means a mark used by a person to identify services and to distinguish them from the services of others.
Sec. 14. Sale includes any sale, offer for sale or attempt to sell any property for any consideration.
Sec. 15. Trademark means a mark used by a person to identify goods and to distinguish them from the goods of others.
Sec. 16. Trade name means a word, name, symbol, device or any combination of the foregoing in any form or arrangement used by a person to identify his business or occupation, and to distinguish it from the business or occupation of others.
Sec. 17. 1. Evidence that a person has engaged in a deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.
2. The deceptive trade practices listed in section 9 of this act are in addition to and do not limit the types of unfair trade practices actionable at common law or defined as such in other statutes of this state.
Sec. 18. 1. Sections 4 to 32, inclusive, of this act do not apply to:
(a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency.
(b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character.
(c) Actions or appeals pending on July 1, 1973.
2. Sections 4 to 32, inclusive, of this act do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of sections 4 to 32, inclusive, of this act.
κ1973 Statutes of Nevada, Page 1485 (CHAPTER 729, AB 301)κ
Sec. 19. When the commissioner has cause to believe that any person has engaged or is engaging in any deceptive trade practice, he may:
1. Request such person to file a statement or report in writing under oath or otherwise, on such forms as shall be prescribed by the commissioner, as to all facts and circumstances concerning the sale or advertisement of property by such person, and such other data and information as he may deem necessary.
2. Examine under oath any person in connection with the sale or advertisement of any property.
3. Examine any property or sample thereof, record, book, document, account or paper as he may deem necessary.
4. Make true copies, at the expense of the consumer affairs division of the department of commerce, of any record, book, document, account or paper examined, as provided in subsection 3 of this section, which copies may be offered into evidence in lieu of the originals thereof in actions brought pursuant to sections 21 and 22 of this act.
5. Pursuant to an order of any district court, impound any sample of property which is material to such deceptive trade practice and retain the property in his possession until completion of all proceedings as provided in sections 4 to 32, inclusive, of this act. An order shall not be issued pursuant to this subsection unless the commissioner and the court give the accused full opportunity to be heard and unless the commissioner proves by clear and convincing evidence that the business activities of the accused will not be impaired thereby.
Sec. 20. 1. The commissioner, in addition to other powers conferred upon him by this act, may issue subpenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry and prescribe such forms and promulgate such rules as may be necessary to administer the provisions of this act.
2. Service of any notice or subpena shall be made as provided in N.R.C.P. 45(c).
Sec. 21. If any person fails to cooperate with any investigation, as provided in section 19 of this act, or if any person fails to obey a subpena issued by the commissioner, the commissioner may apply to any district court for equitable relief. Such application shall state reasonable grounds showing that such relief is necessary to terminate or prevent a deceptive trade practice. If the court is satisfied of such reasonable grounds, the court may:
1. Grant injunctive relief restraining the sale or advertisement of any property by such person.
2. Require the attendance of or the production of documents by such person, or both.
3. Grant other relief necessary to compel compliance by such person.
Sec. 22. 1. Notwithstanding the requirement of knowledge as an element of any practice enumerated in section 9 of this act as a deceptive trade practice, when the commissioner has cause to believe that a person has engaged or is engaging in any of the practices enumerated in section 9 of this act, knowingly or otherwise, he may apply for an injunction or temporary restraining order, as provided in N.R.C.P. 65, prohibiting such person from continuing such practices.
κ1973 Statutes of Nevada, Page 1486 (CHAPTER 729, AB 301)κ
person from continuing such practices. The court may make orders or judgments necessary to prevent the use by such person of any such deceptive trade practice or to restore to any other person any money or property which may have been acquired by such deceptive trade practices.
2. Where the commissioner has the authority to institute a civil action or other proceeding, in lieu thereof or as a part thereof, he may accept an assurance of discontinuance of any deceptive trade practice. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation and the costs of instituting the action or proceeding and for the voluntary restitution of any money or property acquired by deceptive trade practices. Except as provided in the next sentence, any such assurance of discontinuance accepted by the commissioner and any such stipulation filed with the court shall be confidential to the parties to such action or proceeding and to the court and its employees. Upon final judgment by the court that an injunction or a temporary restraining order, issued as provided in subsection 1 of this section, has been violated, an assurance of discontinuance has been violated or a person has engaged in the same deceptive trade practice as had previously been enjoined, the assurance of discontinuance or stipulation shall become a public record. Proof by a preponderance of evidence of a violation of such an assurance constitutes prima facie evidence of a deceptive trade practice for the purpose of any civil action or proceeding brought thereafter by the commissioner, whether a new action or a subsequent motion or petition in any pending action or proceeding.
Sec. 23. 1. Sections 4 to 32, inclusive, of this act do not prohibit the commissioner from disclosing to any district attorney or law enforcement officer the fact that a crime has been committed by any person, if this fact has become known as a result of any investigation conducted pursuant to the provisions of sections 4 to 32, inclusive, of this act.
2. Subject to the provisions of subsection 2 of section 22 of this act, the commissioner shall not make public the name of any person alleged to have committed a deceptive trade practice. This subsection does not prevent the commissioner from issuing public statements describing or warning of any course of conduct which constitutes a deceptive trade practice.
Sec. 24. 1. Prior to instituting any action pursuant to sections 25 to 31, inclusive, of this act, the district attorney shall ascertain whether or not the action in question is subject to the regulatory authority of any state agency, board, official or other authority established by virtue of the Nevada Revised Statutes except the regulatory or administrative authority provided to the commissioner of consumer affairs by sections 4 to 32, inclusive, of this act.
2. If such action is subject to such regulatory authority or any regulation duly adopted and promulgated or any statutes administered by any state regulatory agency, board, official or other authority as provided in subsection 1, the district attorney shall not institute any proceeding under sections 25 to 31, inclusive, of this act until such state agency, board, official or other state regulatory authority has had reasonable time to investigate or take any appropriate action with respect to the alleged facts.
κ1973 Statutes of Nevada, Page 1487 (CHAPTER 729, AB 301)κ
3. For the purposes of this section, a reasonable time has elapsed if no final action or other disposition is made of any matter otherwise falling within the provisions of sections 4 to 32, inclusive, of this act within 30 days after such matter is referred to or brought to the attention of any state agency, board, official or other regulatory authority except the commissioner of consumer affairs.
4. This section does not prohibit the district attorney of any county from filing an action pursuant to the provisions of sections 25 to 28, inclusive, of this act, if the referral of any matters subject to the provisions of this act to any state agency, board, official or other regulatory authority would cause immediate harm to the public of this state or endanger the public health, safety or welfare, and such facts are shown by affidavit or by verified complaint.
Sec. 25. Notwithstanding the requirement of knowledge as an element of any practice enumerated in section 9 of this act as a deceptive trade practice, and notwithstanding the enforcement powers granted to the commissioner pursuant to sections 4 to 32, inclusive, of this act, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any of the practices enumerated in section 9 of this act, knowingly or otherwise, he may bring an action in the name of the State of Nevada against such person to obtain a temporary or permanent injunction against such deceptive trade practice.
Sec. 26. Except as otherwise provided in section 28 of this act, appropriate notice must be given by the district attorney to any person against whom an action is brought pursuant to section 25 of this act. Such notice must state generally the relief sought and be served in accordance with section 31 of this act at least 10 days prior to the filing of the action.
Sec. 27. Any action brought pursuant to section 22 or 25 of this act may be brought:
1. In a district court in the county in which the defendant resides or has his principal place of business;
2. In the district court in Carson City if the parties consent thereto; or
3. In the district court in any county where a deceptive trade practice has occurred. Any court in which an action is brought pursuant to section 22 or 25 of this act may issue any temporary or permanent injunction in accordance with the Nevada Rules of Civil Procedure to restrain and prevent any violation of any provisions of sections 4 to 32, inclusive, of this act, and such injunctions shall be issued without bond.
Sec. 28. Whenever the district attorney has reason to believe that the delay caused by complying with the notice requirement of section 26 of this act would cause immediate harm to the public of this state or endanger the public welfare, he may immediately institute a suit for injunctive relief, including a request for a temporary restraining order, upon proof of specific facts shown by affidavit or by verified complaint or otherwise that such immediate harm will be or is likely to be caused by such delay. The Nevada Rules of Civil Procedure pertaining to the issuance of temporary restraining orders govern all actions instituted pursuant to this section.
Sec. 29. The court in which an action is brought pursuant to section 22 and sections 25 to 28, inclusive, of this act may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of sections 4 to 32, inclusive, of this act, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.
κ1973 Statutes of Nevada, Page 1488 (CHAPTER 729, AB 301)κ
22 and sections 25 to 28, inclusive, of this act may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of sections 4 to 32, inclusive, of this act, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.
Sec. 30. 1. In proceeding pursuant to sections 26 to 30, inclusive, of this act, the district attorney may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice enumerated in section 9 of this act from any person who is engaged or is about to engage in such method, act or practice by following the procedures set forth in subsection 2 of section 22 of this act.
2. Any assurance made pursuant to subsection 1 shall be in writing and shall be filed with and subject to the approval of the district court in the county in which the alleged violator resides or has his principal place of business, or the district court in any county where any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties.
3. An assurance of discontinuance made pursuant to subsections 1 and 2 shall not be considered an admission of violation for any purpose, but is subject to the terms, limitations, and conditions of section 22 of this act.
Sec. 31. Service of any notice under sections 25 to 30, inclusive, of this act shall be made by personal service within the State of Nevada, but if such service cannot be obtained, substituted service therefor may be made in any of the following ways:
1. Personal service thereof outside the State of Nevada;
2. The mailing thereof by registered or certified mail to the last-known place of business, residence or both whether inside or outside the State of Nevada of such person for whom the notice is intended, in which event such service shall be deemed complete upon the third day following the mailing of any notice required under this section;
3. As to any person other than a natural person, service shall be in the manner provided in the Nevada Rules of Civil Procedure for completing service of process on such a person, corporation, association or organization; or
4. Such service as any district court may direct in lieu of personal service within the State of Nevada.
Sec. 32. 1. Any person who violates any court order or injunction issued pursuant to sections 4 to 31, inclusive, of this act, upon a complaint brought by the commissioner, the district attorney of any county of this state shall forfeit and pay to the general fund in the state treasury a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing any such order or injunction shall retain jurisdiction over any such action or proceeding. Such civil penalties shall be in addition to any other penalty or remedy available for the enforcement of the provisions of sections 4 to 31, inclusive, of this act.
2. In any action brought pursuant to sections 22 and 25 to 28, inclusive, of this act, if the court finds that any person has willfully engaged in a deceptive trade practice enumerated in section 9 of this act, the commissioner or the district attorney of any county in this state bringing such action may recover a civil penalty not to exceed $2,500 for each violation.
κ1973 Statutes of Nevada, Page 1489 (CHAPTER 729, AB 301)κ
a deceptive trade practice enumerated in section 9 of this act, the commissioner or the district attorney of any county in this state bringing such action may recover a civil penalty not to exceed $2,500 for each violation.
3. Any person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice enumerated in section 9 of this act shall be punished:
(a) For the first or second offense, for a misdemeanor.
(b) For the third offense and all subsequent offenses, for a gross misdemeanor.
4. As used in this section, the term violation includes a repetitive or continuous violation arising out of the same act.
Sec. 33. 1. Sections 1 and 2 of this act shall not become effective if sections 41 and 42 of Assembly Bill 944 of the 57th session of the Nevada legislature becomes law.
2. Sections 1.5 and 2.5 of this act shall not become effective if sections 41 and 42 of Assembly Bill 944 of the 57th session of the Nevada legislature does not become law.
Sec. 34. This act shall become effective at 12:02 a.m. on July 1, 1973.
________
Assembly Bill No. 416Messrs. Barengo, Hayes, Ullom, Wittenberg and Huff
CHAPTER 730
AN ACT relating to criminal appeals; eliminating interlocutory appeals from certain orders of the district court; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 177.015 is hereby amended to read as follows:
177.015 1. The party aggrieved in a criminal action, whether that party be the state or the defendant, may appeal only as follows:
(a) To the district court of the county from a final judgment of the justices court.
(b) To the supreme court from [:
(1) An] an order of the district court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.
[(2) Upon good cause shown, any pretrial order of the district court granting or denying a motion to suppress evidence made pursuant to NRS 174.125. Notice of such appeal shall be filed with the clerk of the district court within 2 judicial days and with the clerk of the supreme court within 5 judicial days after the ruling by the district court. The clerk of the district court shall notify counsel for the other party, or in the case of a defendant without counsel, the defendant, within 2 judicial days of the filing of the notice of appeal. The supreme court may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of such appeal and whether there may be a miscarriage of justice if such appeal is not entertained.
κ1973 Statutes of Nevada, Page 1490 (CHAPTER 730, AB 416)κ
procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of such appeal and whether there may be a miscarriage of justice if such appeal is not entertained. If the supreme court entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such period of time as may be required. Failure to file or the filing of such an appeal by a defendant shall not operate as a waiver of the right of such defendant to raise the issue upon an appeal from a final judgment.]
2. The defendant only may appeal from a final judgment or verdict in a criminal case.
Sec. 2. (Deleted by amendment.)
________
Assembly Bill No. 430Mr. Lowman
CHAPTER 731
AN ACT relating to debt adjusting; regulating the business of persons and firms so engaged; providing penalties; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 56 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. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings assigned to them in such sections.
Sec. 3. Contract means any agreement entered into under this chapter by a licensee and a debtor for the stated purpose of debt adjusting.
Sec. 4. Creditor means a person for whose benefit moneys are being collected and disbursed by the licensee.
Sec. 5. Debt adjustment means the making of a contract or the performance thereunder, under whatever name, whereby a person, firm, company or corporation undertakes, for a consideration, the scheduled receipt of a debtors moneys or evidences thereof for the purpose of distribution among certain specified creditors in payment or partial payment of the debtors obligations.
Sec. 6. Debtor means a person from whom moneys are being accepted for disbursement to creditors.
Sec. 7. License means a license issued under the provisions of this chapter.
Sec. 8. Licensee means any person, firm, company or corporation who is licensed under this chapter.
Sec. 9. Office means each location by street number, building number, city and state where the business of debt adjusting is conducted.
Sec. 10. Superintendent means the superintendent of banks.
κ1973 Statutes of Nevada, Page 1491 (CHAPTER 731, AB 430)κ
Sec. 11. This chapter does not apply to any of the following while they are engaged in the regular course of their properly licensed business or profession:
1. Attorneys at law.
2. Banks, fiduciaries or financing and lending institutions.
3. Title insurance companies.
4. Employees of licensees under this chapter.
5. Judicial officers or others acting under court orders.
6. Nonprofit religious, fraternal or cooperative organizations offering debt adjustment service for their members exclusively.
7. Nonprofit corporations organized to render financial planning service to the public.
Sec. 12. No person, firm, company or corporation may engage in the business of debt adjusting except as provided in and authorized by this chapter, and without first having obtained a license from the superintendent.
Sec. 13. 1. Application for a license shall be in writing, under oath and in the form prescribed by the superintendent.
2. The application shall:
(a) Give the business name, location of the office, names and addresses of all officers and directors, if a corporation or association, and names and addresses of partners, if a copartnership.
(b) Be accompanied by a copy of the fictitious name certificate or the articles of incorporation, where applicable.
(c) Contain such further relevant information as the superintendent may require.
Sec. 14. At the time of making the application, the applicant shall:
1. Pay to the superintendent the sum of $100 as a fee for investigation of the application and the sum of $200 as a license fee for each office, which shall satisfy the fee requirement for the period ending on the last day of the current calendar year.
2. Furnish and maintain in effect a satisfactory bond to the State of Nevada, duly executed by an admitted surety company approved by the superintendent, in the amount of $10,000, conditioned upon the faithful accounting of all moneys collected upon accounts and entrusted to the licensee, or its employees or agents.
3. Provide a blank copy of the debt-adjustment contract which will be used by the licensee in its business.
Sec. 15. Upon the filing of the application and the payment of fees, the superintendent shall investigate the facts concerning the application and the requirements provided for in section 16 of this act.
Sec. 16. If the superintendent finds that:
1. The financial responsibility, experience, character and general fitness of the applicant and of the associates, directors or officers thereof are such as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly and efficiently, within the purposes of this chapter; and
2. Allowing the applicant to engage in business will promote the convenience and advantage of the community in which the licensed office is to be located,
he shall issue and deliver a license to the applicant.
κ1973 Statutes of Nevada, Page 1492 (CHAPTER 731, AB 430)κ
Sec. 17. 1. On or before December 1 of each year, each licensee may apply to the superintendent for a renewal of its license.
2. The application shall be on the form prescribed by the superintendent and shall be accompanied by a fee of $200 and a bond, as in the case of the original application.
Sec. 18. All fees and charges collected under the provisions of this chapter shall be paid into the general fund in the state treasury.
Sec. 19. Each license, as renewed, shall remain in force until surrendered, suspended or revoked as provided in this chapter.
Sec. 20. Each license shall be kept conspicuously posted in the licensed place of business.
Sec. 21. Licenses may not be transferred or assigned.
Sec. 22. Not more than one office may be maintained under the same license. The superintendent may issue additional licenses to the same licensee for other offices upon compliance with the provisions of this chapter governing issuance of a single license.
Sec. 23. Any licensee may surrender any license by delivering it to the superintendent with written notice of its surrender, but such surrender shall not affect any civil or criminal liability for acts committed prior thereto.
Sec. 24. 1. For the purpose of discovering violations of this chapter or of securing information lawfully required under this chapter, the superintendent or his duly authorized representative may at any time and shall, at least once each year, investigate the business and examine the books, accounts, papers and records of any licensee.
2. For the purpose of examination the superintendent or his duly authorized representatives shall have and be given free access to the offices, files, safes and vaults of such licensees.
3. For each examination the superintendent shall charge and collect from the licensee a fee of $7.50 for each man hour expended in conducting the examination and in preparing and typing the examination report, but the total fee shall not exceed $300 for any regular examination or investigation unless some irregularity is disclosed during the course of such regular examination warranting special or additional investigation or examination. If such irregularity is disclosed, the licensee shall pay for the additional investigation required by reason of such irregularity at the rate of $7.50 for each man hour so required.
Sec. 25. 1. The superintendent may require the attendance of any person and examine him under oath with regard to the debt adjustment business regulated by this chapter or the subject matter of any examination, investigation or hearing.
2. The superintendent may require the production of books, accounts, papers and records in aid of any examination, investigation or hearing.
Sec. 26. 1. The superintendent may, pursuant to the procedure provided in this chapter, deny, suspend or revoke any license for which application has been made or which has been issued under the provisions of this chapter if he finds, as to the licensee, its associates, directors or officers, grounds for such action.
2. Any one of the following grounds may provide the requisite grounds for such denial, suspension or revocation:
κ1973 Statutes of Nevada, Page 1493 (CHAPTER 731, AB 430)κ
(a) Conviction of a felony or of a misdemeanor involving moral turpitude.
(b) Violation of any of the provisions of this chapter or rules and regulations of the superintendent.
(c) Fraud or deceit in procuring the issuance of the license.
(d) Continuous course of unfair conduct.
(e) Insolvency, filing in bankruptcy, receivership or assigning for the benefit of creditors by any licensee or applicant for a license under this chapter.
Sec. 27. If the superintendent finds that any one of the requisite grounds for denial, suspension or revocation of the license exists and that the enforcement of this chapter requires the immediate suspension of such license, he may, upon 5 days written notice and a hearing, enter an order suspending such license for a period not exceeding 20 days, pending the holding of a hearing as prescribed in section 28 of this act.
Sec. 28. 1. The superintendent may, following a notice and hearing as provided by NRS 233B.121, enter an order:
(a) Denying a license to any applicant who fails to establish, at such hearing, its financial responsibility, experience, character and general fitness to engage in debt adjusting; or
(b) Revoking the license of a licensee who fails to overcome, at such hearing, the probable cause for such revocation found by the superintendent.
2. The denial, suspension or revocation of a license, as provided in this chapter, shall not impair nor affect the obligation under any lawful debt-adjusting contract.
Sec. 29. Each licensee shall:
1. Open and maintain a separate trust account in a state bank or national bank doing business in this state. All moneys received from debtors for the benefit of creditors shall be deposited in, and all payments to creditors shall be disbursed from, this account.
2. Keep and use such books and accounting records as are in accord with sound and accepted accounting practices.
3. Maintain a separate record or ledger card for the account of each debtor, showing the amount of moneys received from and disbursed on behalf of each debtor.
4. Maintain a separate record, in a form approved by the superintendent, or ledger card for each creditor, identifying the particular debtor-source of moneys and showing the amount of moneys disbursed in accordance with the appropriate debt-adjustment contract.
5. Preserve all such books and accounting records for at least 7 years after making the final entry therein.
Sec. 30. 1. Annually, on or before April 15, each licensee shall file with the superintendent a report of operations of the licensed business for the preceding calendar year.
2. Such report shall give information with respect to the financial operations of the licensee.
3. Such reports shall be made under oath and shall be in the form prescribed by the superintendent.
Sec. 31. 1. Every debt-adjustment transaction shall be based upon a debt-adjustment contract entered into by the licensee and debtor under the provisions of this chapter.
κ1973 Statutes of Nevada, Page 1494 (CHAPTER 731, AB 430)κ
the provisions of this chapter. A blank form of such contract shall accompany each application for a license or renewal thereof.
2. The contract, an executed copy of which shall be delivered to the debtor, shall:
(a) List all the debtors obligations to be adjusted.
(b) Enumerate by name and address all the creditors holding such obligations.
(c) State the total charges agreed upon as the fee for the services of the licensee.
(d) Provide that upon the written consent of the debtor, additional obligations to be adjusted may be added subsequent to the date of the contract upon the same terms and conditions and at the same rate of charge as in such contract.
(e) Indicate the beginning and expiration dates of the contract, which, in no case, may encompass a period longer than 36 months.
(f) Provide that the debtor may terminate his obligations thereunder without penalty upon the payment of the charges allowed under section 32 of this act and agreed upon by the terms of this contract.
Sec. 32. 1. Licensees shall be allowed such fees as are clearly stated in the contract.
2. Such fees may include:
(a) An initial retainer fee of $25, which need not be amortized.
(b) A service fee, which shall be amortized equally, each month, over the length of the contract, but no more than one monthly amortization shall be applied to the debtors account as charges for any particular month, unless prepayment is being made.
(c) A fee of 50 cents per check issued in payment of all nonterminal indebtedness.
3. The total amount of fees received by a licensee under any particular contract, exclusive of the retainer fee, may not exceed 15 percent of the listed terminal indebtedness. Terminal indebtedness shall not be construed to mean indebtedness on a residence or other expenses normally incurred in maintaining a residence.
4. If the debtor chooses at any time to satisfy the total indebtedness listed in the contract before the expiration of the contract, the licensee may charge and shall be limited to a fee of not more than 7 percent of the then-remaining balance of indebtedness listed in the contract.
5. No fee other than the initial retainer fee may be charged until the licensee has secured the consent of creditors:
(a) Constituting more than 50 percent of the total number of creditors enumerated in the contract; and
(b) Holding more than 50 percent of the total amount of indebtedness listed in the contract.
Sec. 33. Each licensee shall:
1. Make remittances to creditors within 10 days after receipt of the monthly remittance from the debtor.
2. Furnish a written statement of account to the debtor at least once every 90 days. If the licensee has been doing business for more than 1 year, the superintendent may waive the requirement of this subsection as he shall determine.
κ1973 Statutes of Nevada, Page 1495 (CHAPTER 731, AB 430)κ
3. Provide account information to the debtor verbally when requested during normal business hours.
Sec. 34. It is unlawful for a licensee to:
1. Purchase from a creditor any obligation of a debtor.
2. Operate as a collection agent and as a licensee as to any one debtors account.
3. Execute any contract or agreement to be signed by the debtor unless the contract or agreement is fully and completely filled in and finished.
4. Receive or charge any fee in the form of a promissory note or other promise to pay, or receive or accept any mortgage or other security for any fee, either as to real or personal property.
5. Pay any bonus or other consideration to any person for the referral of a debtor to its business, nor shall it accept or receive any bonus, commission or other consideration for referring any debtor to any person for any reason.
6. Advertise its services, display, distribute, broadcast or televise or permit to be displayed, advertised, distributed, broadcast or televised its services in any manner whatsoever whereby any false, misleading or deceptive statement or representation with regard to the services to be performed by the licensee or the charges to be made therefor is made.
Sec. 35. Any person and the several members, officers, directors, agents and employees of any firm, company or corporation who engage in the business of debt adjusting without the license required by this act are guilty of a misdemeanor.
Sec. 36. Any person and the several members, officers, directors and employees of any firm, company or corporation who violate any provision of this chapter are guilty of a misdemeanor.
Sec. 37. This act shall become effective upon passage and approval.
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Assembly Bill No. 511Mesdames Gojack and Ford
CHAPTER 732
AN ACT relating to guide dogs; clarifying the right of visually handicapped persons to use guide dogs without restraint; providing a penalty; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 426.630 is hereby amended to read as follows:
426.630 As used in section 2 of this act and NRS 426.630 to 426.720, inclusive, unless the context otherwise requires:
1. Blind person means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
κ1973 Statutes of Nevada, Page 1496 (CHAPTER 732, AB 511)κ
2. Division means the services to the blind division of the department of health, welfare and rehabilitation.
3. Operator means the individual blind person responsible for the day-to-day conduct of the vending stand operation.
4. Public building or property means any building, land or other real property, owned, leased or occupied by any department or agency of the State of Nevada or any of its political subdivisions except public elementary and secondary schools, the University of Nevada System and the Nevada state park system.
5. Vending stand means:
(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the division and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
(b) Manual or coin-operated vending machines or similar devices for vending such articles, operated in a particular building, even though no person is physically present on the premises except to service the machines;
(c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages; or
(d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages.
Sec. 2. Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Blind persons who operate a vending stand under the provisions of NRS 426.630 to 426.720, inclusive, may keep a guide dog with them at all times on the premises where such vending stand is located.
Sec. 3. NRS 613.330 is hereby amended to read as follows:
613.330 1. It is an unlawful employment practice for an employer:
(a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individuals race, color, religion, sex, physical or visual handicap or national origin; or
(b) To limit, segregate or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individuals race, color, religion, sex, physical or visual handicap or national origin.
2. It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, physical or visual handicap or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, physical or visual handicap or national origin.
3. It is an unlawful employment practice for a labor organization:
κ1973 Statutes of Nevada, Page 1497 (CHAPTER 732, AB 511)κ
(a) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, physical or visual handicap or national origin;
(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individuals race, color, religion, sex, physical or visual handicap or national origin; or
(c) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
4. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of his race, color, religion, sex, physical or visual handicap or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.
5. It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against the physically or visually handicapped by interfering, directly or indirectly, with the use of an aid or appliance, including guide dogs, by such [physical] physically or visually handicapped individual.
6. It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit a visually handicapped employee to keep his guide dog with him at all times in his place of employment if such dog is specially trained by a guide dog school approved by the division.
Sec. 3.5. NRS 613.330 is hereby amended to read as follows:
613.330 1. It is an unlawful employment practice for an employer:
(a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individuals race, color, religion, sex, age, physical or visual handicap or national origin; or
(b) To limit, segregate or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individuals race, color, religion, sex, age, physical or visual handicap or national origin.
2. It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, age, physical or visual handicap or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, age, physical or visual handicap or national origin.
3. It is an unlawful employment practice for a labor organization:
κ1973 Statutes of Nevada, Page 1498 (CHAPTER 732, AB 511)κ
(a) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, age, physical or visual handicap or national origin;
(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individuals race, color, religion, sex, age, physical or visual handicap or national origin; or
(c) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
4. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of his race, color, religion, sex, age, physical or visual handicap or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.
5. It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against the physically or visually handicapped by interfering, directly or indirectly, with the use of an aid or appliance, including guide dogs, by such [physical] physically or visually handicapped individual.
6. It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit a visually handicapped employee to keep his guide dog with him at all times in his place of employment if such dog is specially trained by a guide dog school approved by the division.
Sec. 4. NRS 613.405 is hereby amended to read as follows:
613.405 1. Any person injured by an unfair employment practice within the scope of NRS 613.310 to 613.400, inclusive, may file a complaint to that effect with:
(a) The Nevada commission on equal rights of citizens if the complaint is based on discrimination because of race, color, religion or national origin.
(b) The labor commissioner if the complaint is based on discrimination because of sex [.] or a visual or physical handicap.
2. The Nevada commission on equal rights of citizens may initiate its own investigation of any such practice which is based on discrimination because of race, color, religion or national origin, and the labor commissioner may initiate his own investigation of any such practice which is based on discrimination because of sex [.] or a visual or physical handicap.
Sec. 4.5. NRS 613.405 is hereby amended to read as follows:
613.405 1. Any person injured by an unfair employment practice within the scope of NRS 613.310 to 613.400, inclusive, may file a complaint to that effect with:
κ1973 Statutes of Nevada, Page 1499 (CHAPTER 732, AB 511)κ
(a) The Nevada commission on equal rights of citizens if the complaint is based on discrimination because of race, color, religion or national origin.
(b) The labor commissioner if the complaint is based on discrimination because of sex or age [.] or a visual or physical handicap.
2. The Nevada commission on equal rights of citizens may initiate its own investigation of any such practice which is based on discrimination because of race, color, religion or national origin, and the labor commissioner may initiate his own investigation of any such practice which is based on discrimination because of sex or age [.] or a visual or physical handicap.
Sec. 5. NRS 651.075 is hereby amended to read as follows:
651.075 [No] 1. It is unlawful for a place of public accommodation [may:
1.] to:
(a) Refuse service to a visually handicapped person because he is accompanied by a guide dog; or
[2.] (b) Charge an additional fee for such guide dog. [unless the dog requires additional space or service.
Any extra charge shall be reasonable and based on the cost of the extra space and services actually provided. Any arbitrary, capricious, or unreasonable imposition of such extra charge, when additional space or services are not reasonably necessary for the accommodation of a guide dog, is deemed a refusal of service.]
2. A place of accommodation may require proof that a dog is a guide dog. Such requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a visually handicapped person upon his graduation from a guide dog school.
3. A guide dog shall not be presumed dangerous by reason of the fact it is not muzzled.
4. This section does not relieve a visually handicapped person from liability for damage which may be caused by his guide dog.
5. Visually handicapped persons accompanied by guide dogs shall be subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.
6. As used in this section:
(a) Guide dog means a dog which has been specially trained by a guide dog school to serve as an aid to mobility to a particular visually handicapped person.
(b) Guide dog school means a school which trains guide dogs and which is approved by the division.
Sec. 6. NRS 704.145 is hereby amended to read as follows:
704.145 [No] 1. It is unlawful for a common carrier or other means of public conveyance or transportation operating in this state [may:
1.] to:
(a) Refuse service to a visually handicapped person because he is accompanied by a guide dog; or
κ1973 Statutes of Nevada, Page 1500 (CHAPTER 732, AB 511)κ
[2.] (b) Charge an additional fee for such guide dog. [unless the dog requires additional space or service.
Any extra charge shall be reasonable and based on the cost of the extra space or service actually provided. Any arbitrary, capricious, or unreasonable imposition of such extra charge, when additional space or services are not reasonably necessary for the accommodation of a guide dog, is deemed a refusal of service.]
2. This section does not relieve a visually handicapped person from liability for damage which may be caused by his guide dog.
3. Visually handicapped persons accompanied by guide dogs shall be subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.
4. As used in this section:
(a) Guide dog means a dog which has been specially trained by a guide dog school to serve as an aid to mobility for a specific visually handicapped person.
(b) Guide dog school means a school which trains guide dogs and which is approved by the division.
Sec. 7. NRS 706.366 is hereby amended to read as follows:
706.366 [No] 1. It is unlawful for a common motor carrier of passengers or other means of public conveyance or transportation operating in this state [may:
1.] to:
(a) Refuse service to a visually handicapped person because he is accompanied by a guide dog; or
[2.] (b) Charge an additional fee for such guide dog. [unless the dog requires additional space or service. Any extra charge shall be reasonable and based on the cost of the extra space or service actually provided. Any arbitrary, capricious or unreasonable imposition of such extra charge, when additional space or services are not reasonably necessary for the accommodation of a guide dog, is deemed a refusal of service.]
2. This section does not relieve a visually handicapped person from liability for damage which may be caused by his guide dog.
3. Visually handicapped persons accompanied by guide dogs shall be subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.
4. As used in this section:
(a) Guide dog means a dog which has been specially trained by a guide dog school to serve as an aid to mobility for a specific visually handicapped person.
(b) Guide dog school means a school which trains guide dogs and which is approved by the division.
Sec. 8. 1. Sections 3 and 4 of this act shall not become effective if sections 4 and 9 of Assembly Bill 543 of the 57th session of the Nevada legislature becomes law.
2. Sections 3.5 and 4.5 of this act shall not become effective if sections 4 and 9 of Assembly Bill 543 of the 57th session of the Nevada legislature does not become law.
Sec. 9. This act shall become effective 12:01 a.m. on July 1, 1973.
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κ1973 Statutes of Nevada, Page 1501κ
Assembly Bill No. 595Messrs. Ullom, Hayes, Ashworth, Mello, Jacobsen, Young, Smith, Dini, Miss Foote, Messrs. Glover, Huff, Lowman, Barengo, Hickey, Craddock, Crawford, Vergiels, Mesdames Gojack, Ford and Mr. Banner
CHAPTER 733
AN ACT relating to persons under the influence of controlled substances; bringing such persons within the scope of the implied consent law; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in NRS 484.377 to 484.393, inclusive, unless the context otherwise requires, controlled substance means a controlled substance as defined in chapter 453 of NRS.
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. His license to operate a vehicle in this state shall be revoked for 2 years by the department of motor vehicles.
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.
Sec. 2.5. 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.
κ1973 Statutes of Nevada, Page 1502 (CHAPTER 733, AB 595)κ
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 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.
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. (Deleted by amendment.)
Sec. 4. NRS 484.383 is hereby amended to read as follows:
484.383 1. Except as provided in subsections 4 and 5, any person who drives a vehicle upon a highway in this state shall be deemed to have given his consent to a chemical test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such test is administered at the direction of a police officer having reasonable grounds to believe that such person was driving a vehicle while under the influence of intoxicating liquor or a controlled substance and after such person was arrested for any offense allegedly committed while such person was driving a vehicle under the influence of intoxicating liquor [.] or a controlled substance.
2. Such person shall be informed that his failure to submit to such test will result in the suspension of his privilege to drive a vehicle for a period of 6 months.
κ1973 Statutes of Nevada, Page 1503 (CHAPTER 733, AB 595)κ
test will result in the suspension of his privilege to drive a vehicle for a period of 6 months.
3. Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not such person is informed that his failure to submit to such test will result in the suspension of his privilege to drive a vehicle for a period of 6 months.
4. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section.
5. [A] Where the alcoholic content of the defendants blood is in issue, a person may refuse to submit to a blood test if means are reasonably available to perform a breath or urine test, and may refuse to submit to a blood or urine test if means are reasonably available to perform a breath test. Where there is no noticeable odor of alcohol emanating from the body of a person and the presence of a controlled substance in such persons blood is in issue, such person may refuse to submit to a blood test if means are reasonably available to perform a urine test. Such person may not submit to a breath test in lieu of submitting to a blood or urine test.
Sec. 5. NRS 484.385 is hereby amended to read as follows:
484.385 1. If a person under arrest refuses to submit to a required chemical test as directed by a police officer under NRS 484.383, none shall be given; but the department of motor vehicles, upon receipt of a sworn written statement of such officer that he had reasonable grounds to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance and that such person refused to submit to such test upon the request of such officer, shall immediately notify the person by mail that his privilege to drive is subject to suspension and allow him 15 days after the date of mailing such notice to make a written request for a hearing. If no request is made within such 15-day period, the department shall immediately:
(a) Suspend such persons license or instruction permit to drive for a period of 6 months;
(b) If such person is a nonresident, suspend his privilege to drive a vehicle in this state for a period of 6 months and inform the appropriate agency in the state of his residence of such action; or
(c) If such person is a resident without a license or instruction permit to drive, deny to such person the issuance of a license or permit for a period of 6 months after the date of the alleged violation.
2. If the affected person requests that the hearing be continued to a date beyond the 20-day period set forth in subsection 1 of NRS 484.387, the department shall issue an order suspending the license, privilege or permit to drive a motor vehicle, which suspension shall be effective upon receipt of notice that the continuance has been granted.
3. The suspension provided for in subsection 1 shall become effective 10 days after the mailing of written notice thereof by such department to any such person at his last-known address.
κ1973 Statutes of Nevada, Page 1504 (CHAPTER 733, AB 595)κ
4. Notice of intention to suspend, notice of an order of suspension and notice of the affirmation of a prior order of suspension provided in NRS 484.387 is sufficient if it is mailed to the persons last-known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department of motor vehicles, specifying the time of mailing the notice. Such notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.
Sec. 6. NRS 484.387 is hereby amended to read as follows:
484.387 1. If a request for a hearing is made within the appropriate time, the department of motor vehicles shall afford the person an opportunity for a hearing to be conducted within 20 days after receipt of the request. The hearing shall be conducted in the county wherein the accused resides unless the parties agree otherwise. The director of the department of motor vehicles or his agent may administer oaths and may issue subpenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the accused.
2. The scope of such hearing shall be limited to the issues of whether a police officer had reasonable grounds to believe such person had been driving a vehicle upon a highway while under the influence of intoxicating liquor [,] or a controlled substance, had been placed under arrest, and had refused to submit to the test upon the request of the police officer. Upon an affirmative finding on each of the issues, the department of motor vehicles shall issue an order suspending the license, privilege or permit to drive a motor vehicle, unless the suspension order has already been made, in which case the order shall be affirmed. If a negative finding is made on any of the issues then no suspension shall be ordered or the prior suspension order shall be rescinded, as the case may be. If, after such hearing, an order of suspension is issued or a prior order of suspension is affirmed the person whose license, privilege or permit has been suspended shall have the right to a review of the matter in district court in the same manner as provided by NRS 483.520.
Sec. 7. NRS 484.389 is hereby amended to read as follows:
484.389 1. If a person refuses to submit to a required chemical test provided for in NRS 484.383, evidence of such refusal shall be admissible in any criminal action arising out of acts alleged to have been committed while such person was driving a vehicle while under the influence of intoxicating liquor [.] or a controlled substance.
2. If a person submits to such a test, full information concerning such test shall be made available, upon his request, to him or his attorney.
Sec. 8. NRS 484.391 is hereby amended to read as follows:
484.391 1. A person arrested for driving a vehicle while under the influence of intoxicating liquor or a controlled substance shall be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests for the purpose of determining the alcoholic content of his blood [.] or the presence of a controlled substance in his blood.
2. The failure or inability to obtain such a test or tests by such person shall not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.
κ1973 Statutes of Nevada, Page 1505 (CHAPTER 733, AB 595)κ
refusal to submit to a test or relating to a test taken upon the request of a police officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.
Sec. 9. NRS 484.393 is hereby amended to read as follows:
484.393 1. The results of any blood test administered under the provisions of NRS 484.383 or 484.391 shall not be admissible in any hearing or criminal action arising out of the acts alleged to have been committed while a person was under the influence of intoxicating liquor or a controlled substance unless the blood tested was withdrawn by a physician, registered nurse or a technician employed in a medical laboratory.
2. The limitation contained in subsection 1 shall not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No such physician, registered nurse or technician shall incur any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer such test.
Sec. 10. 1. Section 2 of this act shall not become effective if Assembly Bill 43 of the 57th session of the Nevada legislature becomes law.
2. Section 2.5 of this act shall not become effective if Assembly Bill 43 of the 57th session of the Nevada legislature does not become law.
Sec. 11. This act shall become effective at 12:02 a.m. on July 1, 1973.
________
Assembly Bill No. 614Committee on Agriculture
CHAPTER 734
AN ACT relating to pesticides; requiring a license for structural pest control business and other activities in connection therewith; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 555.262 is hereby amended to read as follows:
555.262 Custom application of pesticides means any application of pesticides [by aircraft or ground equipment] for hire, [including application made on new construction of residence buildings or building slabs by contractors or builders.] or engaging in the business of pest control.
Sec. 2. NRS 555.280 is hereby amended to read as follows:
555.280 No person shall engage in custom application of pesticides or serve as an agent, operator or pilot or engage in making custom inspections of households or other structures for wood destroying pests or similar organisms within this state at any time without a license issued by the executive director.
Sec. 3. NRS 555.300 is hereby amended to read as follows:
555.300 1. The executive director may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of pesticides and the dangers involved and precautions to be taken in connection with their application.
κ1973 Statutes of Nevada, Page 1506 (CHAPTER 734, AB 614)κ
proper use and application of pesticides and the dangers involved and precautions to be taken in connection with their application.
2. If the applicant is other than an individual, the applicant shall designate an officer, member or technician of the organization to take the examination, such designee to be subject to the approval of the executive director. If the extent of the applicants operations warrant it, the executive director may require more than one officer, member or technician to take the examination.
3. The applicant or the individual designated by the applicant in accordance with subsection 2 of this section shall be the age of majority or over and shall have:
(a) Not less than 2 years practical experience in pest control; or
(b) Possess university credits of not less than 16 credit hours in biological sciences of which not less than 8 credit hours must be in subjects directly related to the categories of pest control in which the applicant wishes to be licensed and shall have 6 or more months of practical experience in pesticide application or related pest control.
4. The requirements of subsection 3 shall not apply to persons holding a license issued by the executive director before July 1, 1973, nor shall such requirements apply to the renewal of the license of any such person.
Sec. 4. Chapter 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. Pest control means the business of engaging in, advertising or soliciting for or performance of the use of pesticides or mechanical devices for the purpose of eliminating, exterminating, controlling or preventing infestations of pests.
Sec. 6. No person shall for hire engage in, offer to engage in, advertise or solicit to perform any of the following pest control activities concerning wood destroying pests or organisms without a license issued by the executive director:
1. Making an inspection or inspections for the purpose of identifying or attempting to identify infestations or infections of households or other structures by such pests or organisms.
2. Making inspection reports concerning such infestations or infections.
3. Making estimates or bids, whether written or oral, concerning such infestations or infections.
4. Submitting bids to perform any work involving the application of pesticides for the eliminating, exterminating, controlling or preventing infestations or infections of such pests.
________
κ1973 Statutes of Nevada, Page 1507κ
Assembly Bill No. 630Committee on Government Affairs
CHAPTER 735
AN ACT relating to the City of Sparks; providing formation of a committee to prepare a proposed city charter; providing for an opinion vote on the form of government for the city; extending effective date for new charter to July 1, 1975; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. A committee representing the City of Sparks shall be established pursuant to this section to prepare recommendations for a new charter for the city.
2. The committee shall be composed of nine members appointed in the following manner:
(a) One member to be appointed by each city councilman.
(b) One member to be appointed by the mayor of the city.
(c) One member to be appointed by each member of the assembly legislative delegation representing the residents of the city.
3. The committee shall:
(a) Elect from its membership a president and secretary.
(b) Perform all functions and do all things necessary to accomplish the purpose for which it was established, including but not limited to holding meetings and public hearings, and obtaining assistance when necessary from the city officials of the City of Sparks.
Sec. 2. 1. The committee shall prepare a report to be submitted to the 58th session of the Nevada legislature which shall contain the committees draft of a proposed charter for the City of Sparks and other matters properly relating thereto.
2. In preparation of such report, and particularly the draft of such proposed charter, the committee shall consider all relevant facts and circumstances, including but not limited to:
(a) The responses to a questionnaire to be submitted by the committee to the registered voters of the city to determine whether such voters approve of all or any part of the charter of the City of Sparks scheduled to go into effect on July 1, 1975, pursuant to section 4 of this act. Such questionnaire may be submitted along with the material required to be submitted to such registered voters pursuant to subsection 2 of section 3 of this act.
(b) The expression by the registered voters of the city of their opinions pursuant to section 3 of this act.
Sec. 3. 1. In conjunction with the general election in 1974, the city council of the City of Sparks is hereby directed to furnish to the Washoe county clerk questions which the clerk shall place on the general election ballots for the registered voters in the City of Sparks. Each question and an accompanying explanation shall be prepared by the city attorney of the City of Sparks and shall be approved by the city council before submission to the clerk. The questions shall enable the registered voters of the city to express their opinions on the form of government under which the city shall operate.
κ1973 Statutes of Nevada, Page 1508 (CHAPTER 735, AB 630)κ
2. The city council, at least 10 days prior to such general election, shall circulate to all registered voters of the city a summary and explanation of the questions to appear on the ballot pursuant to subsection 1.
Sec. 4. Section 3 of chapter 545, Statutes of Nevada 1971, at page 1160, is hereby amended to read as follows:
Section 3. This act shall become effective on July 1, [1973.] 1975.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 503Senator Walker
CHAPTER 736
AN ACT relating to the state department of education; providing for a special consultant on Indian education; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 385 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The superintendent of public instruction shall appoint a special consultant on Indian education within the state department of education. The appointment shall be approved by the state board of education and the Nevada Indian advisory committee for Indian education.
2. The special consultant on Indian education shall be an Indian and shall hold a degree in education from an accredited institution of higher learning and shall have at least 3 years of experience as a teacher or school administrator. An advanced degree in education may be substituted for 1 year of the required experience.
3. The special consultant on Indian education shall work within the state department of education, with the Nevada Indian advisory committee for Indian education and with the Indian tribes in establishing programs and curricula designed to meet the special educational needs of Indians in this state.
4. The special consultant on Indian education shall have primary responsibility within the state department of education for the approval of the granting of federal funds authorized under the state Johnson-OMalley contract to local school districts for meeting the special educational needs of Indians.
________
κ1973 Statutes of Nevada, Page 1509κ
Assembly Bill No. 723Committee on Government Affairs
CHAPTER 737
AN ACT relating to county fair and recreation boards; expanding the jurisdiction of such boards to rent advertising space in county recreation facilities; expanding the jurisdiction of such boards to advertise all recreation facilities in the county; providing for the election of a vice chairman; expanding the authority of such boards to promote tourism within the county; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.640 is hereby amended to read as follows:
244.640 1. In addition to powers elsewhere conferred upon counties, any county is authorized and empowered:
(a) To establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better fairgrounds, exposition buildings, convention halls, auditoriums, fieldhouses, amusement halls, public parks, playgrounds, swimming pools, golf courses, recreation centers, museums, zoos, historical sites, other recreational facilities and buildings therefor, and improvements incidental thereto;
(b) To equip and furnish the same;
(c) To acquire a suitable site or grounds for any recreational facilities;
(d) To issue bonds therefor (or any combination thereof), at one time, or from time to time; and
(e) To advertise, publicize and promote the recreational facilities [of the county.] located in the county which are owned by the county, the state or an incorporated city in the county.
2. Recreational facilities shall be deemed to include, without limiting the generality of the provisions of subsection 1, such buildings, incidental improvements, equipment, furnishings, sites and grounds as are used for recreational purposes.
Sec. 2. NRS 244.665 is hereby amended to read as follows:
244.665 1. The board shall choose one of its members as chairman [,] and one of its members as vice chairman, and shall elect a secretary and a treasurer, who may be members of the board. The secretary and the treasurer may be one person.
2. The secretary shall keep, in a well-bound book, a record of all of the proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the board. The minute book and records shall be open to the inspection of all owners of real property in the county as well as to all other interested persons, at all reasonable times and places.
3. The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the board and the county. He shall file with the county clerk, at county expense, a corporate fidelity bond in an amount not less than $5,000, conditioned for the faithful performance of his duties.
Sec. 3. NRS 244.685 is hereby amended to read as follows:
244.685 In addition to powers elsewhere conferred, the county fair and recreation board of any county, upon behalf of the county and in connection with the recreational facilities herein authorized, is authorized and empowered:
κ1973 Statutes of Nevada, Page 1510 (CHAPTER 737, AB 723)κ
and recreation board of any county, upon behalf of the county and in connection with the recreational facilities herein authorized, is authorized and empowered:
1. To establish, construct, purchase, lease, enter into a lease purchase agreement respecting, rent, acquire by gift, grant, bequest, devise, or otherwise acquire, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage recreational facilities, including personal property, real property, lands, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.
2. To insure or provide for the insurance of any recreational facility against such risks and hazards as the board may deem advisable.
3. To arrange or contract for the furnishing by any person, agency, association or corporation, public or private, of services, privileges, works or facilities for, or in connection with, a recreational facility; and to hire and retain officers, agents and employees, including a fiscal advisor, engineers, attorneys, or other professional or specialized personnel.
4. To direct the board of county commissioners, with the concurrence of the board, to acquire by the exercise of the power of eminent domain any real property which the county fair and recreation board may deem necessary for its purposes under NRS 244.640 to 244.780, inclusive, after the adoption by the board of a resolution declaring that its acquisition is necessary for such purposes. This power shall be exercised in the manner provided by any applicable statutory provisions and laws of the State of Nevada. Title to property so acquired shall be taken in the name of the county.
5. To sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property, or any interest therein acquired for the purpose of NRS 244.640 to 244.780, inclusive, including the lease of any recreational facility acquired by the county under the provisions of NRS 244.640 to 244.780, inclusive, which is to be operated and maintained as a public project and recreational facility.
6. To fix, and from time to time increase or decrease, rates, tolls or charges for services or facilities furnished in connection with any recreational facility, and to take such action as necessary or desirable to effect their collection, and, with the consent of the board of county commissioners, to provide for the levy by the board of county commissioners of ad valorem taxes, the proceeds thereof to be used in connection with the recreational facilities.
7. To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to any recreational facility or related properties [.] , including but not limited to annual grants to the state, the county and incorporated cities in the county for capital improvements for recreational facilities.
8. To enter into contracts, leases or other arrangements for commercial advertising purposes with any person, partnership or corporation.
9. To exercise all or any part or combination of the powers herein granted to such county, except as herein otherwise provided.
[9.] 10. To sue and be sued.
κ1973 Statutes of Nevada, Page 1511 (CHAPTER 737, AB 723)κ
[10.] 11. To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of NRS 244.640 to 244.780, inclusive.
Sec. 4. NRS 244.700 is hereby amended to read as follows:
244.700 1. Whenever the county fair and recreation board shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability demand the creation of a bonded indebtedness by the issuance of general obligation bonds, or the incurrence of special obligations by the issuance of revenue bonds, or the making of any contract creating an indebtedness with the United States Government, or any agency or instrumentality thereof, corporate or otherwise, or any other person or corporation, public or private, for any purpose authorized by NRS 244.640 to 244.780, inclusive, the board shall order the submission of the proposition of issuing such general obligation bonds or such revenue bonds or making such a contract creating an indebtedness, to the qualified electors of the county at an election held for that purpose.
2. This section does not preclude the county fair and recreation board from applying for short-term financing under the provisions of NRS 354.430 to 354.460, inclusive.
Sec. 5. NRS 244.743 is hereby amended to read as follows:
244.743 In connection with any license taxes assigned or appropriated by any city, town or county, or any combination thereof, for use in connection with NRS 244.640 to 244.780, inclusive, the county fair and recreation board of any county, upon behalf of the county, in addition to powers elsewhere conferred, is authorized and empowered (but is not required):
1. To collect the proceeds of such taxes from time to time, to receive, control, invest and order the expenditure of any and all moneys and funds pertaining thereto, to prescribe a procedure therefor, including (but not limited to) enforcing the collection of any delinquent taxes and providing penalties in connection therewith, and to create an office and hire personnel therefor.
2. To defray the reasonable costs of collecting and otherwise administering such taxes from not exceeding 10 percent of the gross revenues so collected (excluding from this limitation and from such gross revenues any costs of collecting any delinquent taxes borne by any delinquent taxpayer).
3. To defray further with the proceeds of any such tax the costs of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby, of operating and maintaining recreational facilities under the jurisdiction of the board, including, without limiting the generality of the foregoing, the payment of reasonable promotional expenses pertaining thereto, payment of reasonable expenses pertaining to the promotion of tourism generally, both individually and through grants to the chambers of commerce of the incorporated cities of the county or other nonprofit groups or associations, and of improving, extending and bettering any recreational facilities authorized by NRS 244.640 to 244.780, inclusive, including but not limited to making annual grants to the state, the county and incorporated cities in the county for capital improvements for recreational facilities, and of constructing, purchasing or otherwise acquiring any such recreational facilities.
κ1973 Statutes of Nevada, Page 1512 (CHAPTER 737, AB 723)κ
and of constructing, purchasing or otherwise acquiring any such recreational facilities.
4. To redeem any general obligation bonds of the county issued pursuant to NRS 244.640 to 244.780, inclusive, principal, interest and any prior redemption premium, regardless of whether such taxes are pledged as additional security for their payment.
5. To make contracts from time to time concerning any such license taxes, notwithstanding any such contract may limit the exercise of powers pertaining thereto, including, without limiting the generality of the foregoing, the right of any city, town or the county from time to time to increase, decrease or otherwise modify the tax; but no such change shall be made which shall prejudicially affect any pledge of tax proceeds as additional security for the payment of bonds issued pursuant to NRS 244.640 to 244.780, inclusive, and each other political subdivision assigning or appropriating such taxes pertaining thereto shall consent to any such modification.
6. To make rules and regulations concerning such license taxes, and to provide penalties for the failure to comply therewith.
Sec. 6. NRS 244.7802 is hereby amended to read as follows:
244.7802 1. In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the county fair and recreation board shall consist of nine members selected as follows:
(a) Two members by the board of county commissioners from their own number.
(b) Two members by the governing body of the largest incorporated city in the county [.] from their own number.
(c) One member by the governing body of one of the other incorporated cities in the county [.] from their own number.
(d) Four members to be appointed by the members selected pursuant to paragraphs (a), (b) and (c). Such members shall be selected from a list of three nominees for each position submitted by the chamber of commerce of the largest incorporated city in the county. Such lists shall be composed of nominees respectively who are actively engaged in:
(1) The resort hotel industry.
(2) The motel industry.
(3) The finance industry.
(4) General business or commerce.
2. In order to determine which of the incorporated cities in the county is entitled to the representative provided in paragraph (c) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city shall be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing.
3. Any vacancy occurring on a county fair and recreation board shall be filled by the authority entitled to appoint the member whose position is vacant.
4. [Members] Upon the expiration of the terms of those members appointed pursuant to paragraph (d) of subsection 1 [shall be appointed for a term of 2 years.]
κ1973 Statutes of Nevada, Page 1513 (CHAPTER 737, AB 723)κ
appointed pursuant to paragraph (d) of subsection 1 [shall be appointed for a term of 2 years.] , on January 1, 1974, four new members shall be appointed as provided in that paragraph as follows:
(a) Two members shall be appointed for 2-year terms.
(b) Two members shall be appointed for 1-year terms.
Thereafter all members shall be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he was appointed to represent, he ceases to be a member, and another person engaged in that business shall be appointed to fill the unexpired term. Any such member may succeed himself.
5. The terms of members appointed pursuant to paragraphs (a) [,] and (b) [and (c)] shall be coterminous with their terms of office. Any such member may succeed himself.
Sec. 7. NRS 244.7804 is hereby amended to read as follows:
244.7804 The county fair and recreation board, in addition to the other powers conferred upon a county fair and recreation board by NRS 244.640 to 244.780, inclusive, may:
1. Set aside a fund [, the balance in which shall not at any time exceed $150,000,] in an amount which it considers necessary and which may be expended in the discretion of the board for the purpose of promoting or attracting conventions, meetings and like gatherings which will utilize the recreational facilities authorized by NRS 244.640. Such expenditure is hereby declared to be an expenditure made for a public purpose.
2. Solicit and promote tourism generally, both individually and through annual grants to the chambers of commerce of the incorporated cities within the county, and further promote generally the use of its facilities, pursuant to lease agreements, by organized groups or by the general public for the holding of conventions, expositions, trade shows, entertainment, sporting events, cultural activities or similar uses reasonably calculated to produce revenue for the board and to enhance the general economy. Such promotion may include advertising the facilities under control of the board and the resources of the community or area, including without restriction tourist accommodations, transportation, entertainment and climate.
3. Enter into contracts for advertising pursuant to this section and pay the cost of such advertising, including a reasonable commission.
Sec. 8. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 14, inclusive, of this act.
Sec. 9. Pursuant to the power conferred by subsection 8 of NRS 244.685, a county fair and recreation board may:
1. Grant the privilege of using or improving a recreational facility, or any portion thereof or space therein, for commercial advertising purposes upon the compliance with such reasonable and uniform terms and conditions and upon payment of such reasonable and uniform charges or fees as the county fair and recreation board shall promulgate or fix; or
2. Enter into a contract, lease or other arrangement with any person, partnership or corporation for space for commercial advertising purposes for a term or terms not to exceed 10 years upon such conditions as the county fair and recreation board considers proper. Any member of the board may vote on such a contract, lease or other arrangement notwithstanding the fact that the term of the agreement may extend beyond his term of office.
κ1973 Statutes of Nevada, Page 1514 (CHAPTER 737, AB 723)κ
board may vote on such a contract, lease or other arrangement notwithstanding the fact that the term of the agreement may extend beyond his term of office.
Sec. 10. When the county fair and recreation board determines that the rental or lease of space for commercial advertising purposes in a county recreational facility, as opposed to granting a license to use or improve such facility, is necessary for the best interests of the county, the board shall comply with the procedure set forth in sections 11 to 14, inclusive, of this act.
Sec. 11. 1. Before entering into such contract, lease or other arrangements the county fair and recreation board shall in open meeting by a majority vote of the members adopt a resolution declaring its intention to lease the property.
2. The resolution shall:
(a) Describe the property proposed to be leased in such manner as to identify it;
(b) Specify the minimum rental and the terms upon which it may be leased;
(c) Fix a time not less than 3 weeks thereafter for a public meeting of the board to be held at its regular place of meeting at which sealed proposals to lease will be received and considered.
Sec. 12. Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by:
1. Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
2. Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.
Sec. 13. At the time and place fixed in the resolution for the meeting of the county fair and recreation board, all sealed proposals which have been received shall, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease, and which are made by responsible bidders, the proposal which is the highest shall be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
Sec. 14. 1. Before accepting any written proposal, the county fair and recreation board shall call for oral bids. If upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person shall be finally accepted, unless the board rejects all bids.
2. At the same meeting or at a subsequent meeting within 10 days, the board shall:
(a) Make a final acceptance of tile highest bid; or
(b) If it considers such action in the best public interest, reject all bids, either written or oral, and withdraw the property from the offering.
3. Upon acceptance of a bid, the board shall direct the chairman to execute a lease and deliver it to the lessee upon the lessees compliance with any concurrent conditions of the contract.
κ1973 Statutes of Nevada, Page 1515 (CHAPTER 737, AB 723)κ
execute a lease and deliver it to the lessee upon the lessees compliance with any concurrent conditions of the contract.
Sec. 15. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 745Messrs. Fry, Bremner, Barengo and Capurro
CHAPTER 738
AN ACT relating to the Nevada Installment Loan and Finance Act; raising the maximum loan amount; providing a different penalty; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 675.030 is hereby amended to read as follows:
675.030 The legislature finds as facts and determines that:
1. There exists in this state a widespread demand for loans repayable in installments, which loans may or may not be made on substantial security. This demand has been steadily increased by many social and economic factors. The scope and intensity of this demand permits the unscrupulous to prey upon such potential borrowers.
2. The expenses of making and collecting installment loans are necessarily high in relation to the amounts lent and legitimate lenders are therefor inadequately compensated under the general interest statutes of this state when making such loans.
3. The need of legislation is especially apparent in the area of loans of [$7,500] $10,000 or less.
4. It is the purpose of this chapter to bring under public supervision those engaged in the business of making loans of [$7,500] $10,000 or less; to attract adequate commercial capital to the business, so that the demand for such loans may be satisfied; to establish a system of regulation for the purpose of insuring that charges for such loans be established which are fair, just and reasonable to the borrower and lender and which permit a fair return to those engaged in such business; and that there will be established in this state an adequate, efficient and competitive installment loan and finance service.
Sec. 2. NRS 675.060 is hereby amended to read as follows:
675.060 1. No person shall engage in the business of lending in amounts of [$7,500] $10,000 or less and contract for, exact or receive, directly or indirectly, on or in connection with any such loan, any charges, whether for interest, compensation, consideration or expense, which in the aggregate are greater than the interest that the lender would be permitted by law to charge for a loan of money if he were not a licensee under this chapter, except as provided in and authorized by this chapter, and without first having obtained a license from the superintendent.
κ1973 Statutes of Nevada, Page 1516 (CHAPTER 738, AB 745)κ
2. For the purpose of this section a loan shall be deemed to be in the amount of [$7,500] $10,000 or less if the net amount or value advanced to or on behalf of the borrower, after deducting all payments for interest, principal, expenses and charges of any nature taken substantially contemporaneously with the making of the loan, does not exceed [$7,500.] $10,000.
Sec. 3. NRS 675.280 is hereby amended to read as follows:
675.280 No licensee shall advertise or permit to be advertised in any manner whatsoever any false, misleading or deceptive statement or representation with regard to the rates, terms or conditions for loans in the amount or of the value of [$7,500] $10,000 or less.
Sec. 4. NRS 675.290 is hereby amended to read as follows:
675.290 1. For the purposes of this section, a loan or refinancing is precomputed if the debt is expressed as a sum comprising the principal and the interest charge computed in advance.
2. Every licensee may make loans of any amount with cash advance not exceeding [$7,500,] $10,000, repayable except as otherwise provided in subsection 4, in substantially equal consecutive monthly installments of principal and interest combined, and may charge, contract for, collect and receive charges not in excess of the following:
(a) A charge for interest in an amount not exceeding $9 per $100 of the amount of the cash advanced, when the loan is made for a period of 1 year, on that part of the cash advanced not exceeding $1,000, and $8 per $100 on that part of the cash advanced exceeding $1,000 but not exceeding $2,500, and proportionately at those rates for a greater or lesser amount or for a greater or lesser period of time, notwithstanding any agreement to repay the loan in installments, but, in all loan contracts providing for installment repayments such installments shall be substantially equal in amount, payable at approximately equal periodic intervals of time.
(b) A service charge not in excess of 1 cent per month for each dollar of the first $200 of the cash advance and not in excess of one-half cent per month for each dollar of the next $200 of the cash advance for each month of the term of the loan contract. Such service charge may be computed on the basis of a full month for any fractional period in excess of 15 days.
(c) That portion of the loan in excess of $2,500 but not exceeding [$7,500] $10,000 shall be at the rate of 17.74 percent per annum.
(d) The charge for interest under paragraph (c) shall be calculated according to the actuarial method, which is the method of allocating payments between principal and interest pursuant to which a payment is applied first to the accumulated interest and the balance, if any, is applied to the unpaid principal. A licensee may, at the time the loan is made, precompute the charge for interest at the agreed-upon rate on the scheduled unpaid principal balances according to the terms of the contract and add such interest to the principal of the loan. Where the charge for interest is precomputed the face amount of any note or contract may exceed [$7,500] $10,000 by the amount of charges authorized by this chapter added to principal. If the charge for interest is precomputed, payments on account may be applied to the combined total of principal and precomputed interest until the contract is fully paid. All payments on account, except those applied to default or deferment charges, shall be applied to the installments in the order in which they fall due.
κ1973 Statutes of Nevada, Page 1517 (CHAPTER 738, AB 745)κ
except those applied to default or deferment charges, shall be applied to the installments in the order in which they fall due. The effect of prepayment of a precomputed loan is governed by the provisions relating to refund upon prepayment in full.
(e) In the event of a default of more than 7 days in the payment of one-half or more of any scheduled installment on a precomputed loan contract, the licensee may charge and collect a default charge not exceeding an amount equal to the refund that would be required if the loan were prepaid in full 1 month prior to maturity. Such charge may not be collected more than once for the same default and may be collected at the time of such default or at any time thereafter. If such default charge is deducted from any payment received after default occurs and such deduction results in the default of a subsequent installment, no charge may be made for the resulting default.
(f) If, as of an installment due date, the payment dates of all wholly unpaid installments on a precomputed loan contract, on which no default charge has been collected, are deferred one or more full months and the maturity of the contract is extended for a corresponding period, the licensee may charge and collect a deferment charge which shall not exceed the difference between the refund that would be required for prepayment in full as of the scheduled due date of the first deferred installment and the amount which would be required for prepayment in full as of 1 month prior to such date multiplied by the number of months in the deferment period. The deferment period is that period of time in which no payment is made or required by reason of the deferment. No installment on which a default charge has been collected or on account of which any partial payment has been made shall be deferred or included in the computation of the deferment charge unless such default charge or partial payment is refunded or credited to the deferment charge. The deferment charge may be collected at the time of the deferment or at any time thereafter and any payment received at the time of the deferment may be applied first to the deferment charge and the remainder, if any, applied to the unpaid balance of the contract. If such payment is sufficient also to pay in full an installment which is in default and the applicable default charge it shall be first so applied and such installment shall not be deferred nor subject to the default charge.
If a refund is required during a deferment period the borrower shall also receive a refund of that portion of the deferment charge attributable to the unexpired full months of the deferment period.
[2.] 3. If a precomputed loan contract is prepaid in full before the final installment date the borrower shall receive a refund of an amount which shall be at least as great a proportion of the combined total of interest and service charge, excluding any adjustment made for a first period of more than 1 month, as the sum of the periodic time balances following the date determined by the following sentence bears to the sum of all the periodic time balances under the schedule of payments in the original contract. In computing any required refund, any prepayment in full made on or before the 15th day following an installment date shall be deemed to have been made on the installment due date preceding such prepayment in full and if made on or after the 16th day shall be deemed to have been made on the installment due date following such prepayment in full.
κ1973 Statutes of Nevada, Page 1518 (CHAPTER 738, AB 745)κ
to have been made on the installment due date following such prepayment in full. No refund shall be required for partial prepayments and no refund of less than $1 need be made. The tender by the borrower, or at his request, of an amount equal to the unpaid balance less the required refund must be accepted by the licensee in full payment of the contract. If the maturity of the contract is accelerated for any reason, the licensee shall make the same refund as would be required for prepayment in full.
[3.] 4. When a loan contract is for more or less than 1 year, the interest shall be computed at one-twelfth the annual rate for each month. For the purpose of computing charges, whether at the maximum rate or less, a month shall be that period of time from any date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then to the last day of such following month. A day is one-thirtieth of a month when computation is made for a fraction of a month.
[4.] 5. A borrower and licensee may agree that the first installment due date may be not more than 15 days more than 1 month from the date of the loan and the amount of such first installment may be increased by one-thirtieth of the portion of the interest authorized by paragraphs (a) and (b) of subsection 1 which would be attributable to a first installment of 1 month for each extra day.
[5.] 6. No licensee shall induce or permit any person or husband and wife to be obligated, directly or indirectly, under more than one contract of loan at the same time for the purpose of or with the effect of obtaining a higher rate of charge than would otherwise be permitted by this section.
[6.] 7. In addition to the charges herein provided for, no further or other amount whatsoever shall be directly or indirectly charged, contracted for or received from the borrower in connection with a loan made under this chapter; except, such restrictions shall not apply to:
(a) Court costs;
(b) Reasonable attorneys fees fixed and assessed by the court;
(c) Lawful fees for the filing, recording or releasing in any public office of any instrument securing a loan;
(d) The identifiable charge or premium for insurance provided for in NRS 675.300;
(e) Fees for noting a lien on or transferring a certificate of title to any motor vehicle offered as security for a loan made under this chapter.
[7.] 8. If any amount in excess of the amounts authorized by this chapter is charged, contracted for or received, except as the result of an accidental or bona fide error, [the contract of loan shall be void and] the licensee shall have no right to collect or receive any [principal, charges or recompense whatsoever.] interest.
Sec. 5. NRS 675.295 is hereby amended to read as follows:
675.295 Loans under this chapter shall not provide for an originally scheduled repayment of principal more than:
1. Twenty-four months and 15 days from the date of making where the cash advance is $1,000 or less;
2. Thirty-six months and 15 days from the date of making where the cash advance is more than $1,000 but not more than $2,500;
κ1973 Statutes of Nevada, Page 1519 (CHAPTER 738, AB 745)κ
3. Forty-eight months and 15 days from the date of making where the cash advance is more than $2,500 but not more than $4,000;
4. Sixty months and 15 days from the date of making where the cash advance is more than $4,000 but less than $6,000;
5. Seventy-two months and 15 days from the date of making where the cash advance is more than $6,000 but not more than $7,500.
6. Eighty-four months and 15 days from the date of making where the cash advance is more than $7,500 but not more than $10,000.
Sec. 6. NRS 675.300 is hereby amended to read as follows:
675.300 1. A licensee may request that a borrower insure tangible property when offered as security for a loan under this chapter against any substantial risk of loss, damage or destruction for an amount not to exceed the actual value of such property and for a term and upon conditions which are reasonable and appropriate considering the nature of the property and the maturity and other circumstances of the loan.
2. A licensee may provide, obtain or take as security for a loan insurance on the life and on the health or disability, or both, of one [party] or more parties obligated on the loan provided that any such insurance provided or obtained by the licensee shall comply with the applicable provisions of chapter 690A of NRS.
3. In accepting any insurance provided by this section as security for a loan, the licensee may include the premiums or identifiable charge as part of the principal or may deduct the premiums or identifiable charge therefor from the proceeds of the loan, which premium or identifiable charge shall not exceed those filed with and approved by the commissioner of insurance, and remit such premiums to the insurance company writing such insurance, and any gain or advantage to the licensee, any employee, officer, director, agent, affiliate or associate from such insurance or its sale shall not be considered as additional or further charge in connection with any loan made under this chapter. Not more than one policy of life insurance and one policy providing accident and health coverage shall be written by a licensee in connection with any loan transaction under this chapter, and a licensee shall not require the borrower to be insured as a condition of any loan. If the unpaid balance of the loan is prepaid in full by cash or other thing of value, refinancing, renewal, a new loan or otherwise, the charge for any credit life insurance and any credit accident and health insurance shall be refunded or credited in accordance with the method established in NRS 675.290 for refunding or computing credit charges. Whenever insurance is written in connection with a loan transaction pursuant to this section, the licensee shall deliver or cause to be delivered to the borrower the certificate, instrument or other memorandum showing the cost thereof to the borrower, within 30 days from the date of the loan. All such insurance shall be written by a company authorized to conduct such business in this state, and the licensee shall not require the purchase of such insurance from any agent or broker designated by the licensee.
4. Every insurance policy or certificate written in connection with a loan transaction, pursuant to subsection 2 shall provide for cancellation of the coverage and a refund of the premium or identifiable charge unearned, upon the discharge of the loan obligation for which such insurance is security, without prejudice to any claim. Such refund shall be under a formula filed by the insurer with the insurance division of the department of commerce.
κ1973 Statutes of Nevada, Page 1520 (CHAPTER 738, AB 745)κ
under a formula filed by the insurer with the insurance division of the department of commerce.
Sec. 7. NRS 675.320 is hereby amended to read as follows:
675.320 1. No licensee shall, directly or indirectly, charge, contract for or receive any interest, discount or consideration greater than provided by law for nonlicensees upon all or any part of any loan in the amount of or the value of more than [$7,500,] $10,000, or in any case in which the licensee permits any person, or husband and wife, jointly or severally, to become obligated, directly or contingently, or both, to the licensee at any time for the sum of more than [$7,500] $10,000 for principal.
2. The provisions of subsection 1 shall not apply:
(a) When a licensee purchases in one transaction a substantial amount of loans or accounts receivable in an office of another licensee or other lender not affiliated with the purchaser, and such licensee has an existing loan to one or more of the borrowers whose accounts are purchased, and such purchaser shall be entitled to liquidate and collect the balances due on such accounts, according to their terms; nor
(b) To the acquisition by purchase of bona fide obligations of the borrower incurred for goods or services.
Sec. 8. NRS 675.330 is hereby amended to read as follows:
675.330 The payment of [$7,500] $10,000 or less in money, credit, goods or things in action, as consideration for any sale, assignment or order for the payment of wages, salary, commissions or other compensation for services earned or to be earned, shall for the purposes of regulation under this chapter be deemed a loan of money secured by such sale, assignment or order. The amount by which such compensation so sold, assigned or ordered paid exceeds the amount of such consideration actually paid shall for the purposes of regulation under this chapter be deemed interest or charges on such loan from the date of such payment to the date such compensation is payable. Such a transaction shall be subject to the provisions of this chapter.
Sec. 9. NRS 675.380 is hereby amended to read as follows:
675.380 1. For the purpose of discovering violations of this chapter or of security information lawfully required under this chapter, the superintendent or his duly authorized representatives may at any time investigate the business and examine the books, accounts, papers and records used therein of:
(a) Any licensee;
(b) Any other person engaged in the business described in NRS 675.060 or participating in such business as principal, agent, broker or otherwise; and
(c) Any person who the superintendent has reasonable cause to believe is violating or is about to violate any provision of this chapter, whether or not such person shall claim to be within the authority or beyond the scope of this chapter.
2. For the purpose of examination the superintendent or his duly authorized representatives shall have and be given free access to the offices and places of business, files, safes and vaults of such persons.
3. For the purposes of this section, any person who shall advertise for, solicit, or hold himself out as willing to make loan transactions in the amount or of the value of [$7,500] $10,000 or less shall be presumed to be engaged in the business described in NRS 675.060.
κ1973 Statutes of Nevada, Page 1521 (CHAPTER 738, AB 745)κ
for, solicit, or hold himself out as willing to make loan transactions in the amount or of the value of [$7,500] $10,000 or less shall be presumed to be engaged in the business described in NRS 675.060.
Sec. 10. NRS 675.480 is hereby amended to read as follows:
675.480 1. If any amount in excess of the charges permitted by this chapter is charged, contracted for, or received, except as the result of an accidental and bona fide error of computation, [the contract of loan shall be void, and] the licensee shall have no right to collect or receive any [principal, charges or recompense whatever.] interest.
2. The licensee and the several members, officers, directors, agents and employees thereof who shall have participated in such violation shall be guilty of a misdemeanor.
________
Assembly Bill No. 806Committee on Health and Welfare
CHAPTER 739
AN ACT relating to minors; extending the provision for drug abuse treatment under certain circumstances; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 129.030 is hereby amended to read as follows:
129.030 1. Notwithstanding any other provision of law, and without limiting cases in which consent may otherwise be obtained or is not required, any emancipated minor or any minor who has contracted a lawful marriage may give consent to the furnishing of hospital, medical and surgical care to himself, and his consent shall not be subject to disaffirmance because of minority. For the purposes of this subsection only, subsequent judgment of annulment of such marriage or judgment of divorce shall not deprive such person of his adult status once attained.
2. Notwithstanding any other provision of law, any minor who is under the influence of, or suspected of being under the influence of, a controlled substance as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug:
(a) May give express consent; or
(b) If unable to give express consent, shall be deemed to consent,
to the furnishing of hospital, medical, [or] surgical or health care for the treatment of drug abuse or related illness by any public or private hospital, any health and care facility or any licensed physician or surgeon and his consent shall not be subject to disaffirmance because of minority. Immunity from civil or criminal liability extends to any person providing such care, in the absence of negligence in such care.
3. The consent of the parent or parents or the legal guardian of any minor described in subsections 1 and 2 shall not be necessary in order to authorize such hospital, medical or surgical care.
Sec. 2. NRS 129.050 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1522 (CHAPTER 739, AB 806)κ
129.050 1. Any physician or surgeon or health and care facility licensed in this state may treat any minor for drug abuse and related illnesses without the consent of the parent or parents or legal guardian of the minor, if such minor:
(a) Is under the influence of a controlled substance as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug.
(b) States that he has been abusing controlled substances as defined by chapter 453 of NRS, or dangerous or hallucinogenic drugs and requests treatment.
2. Any physician or surgeon who treats a minor pursuant to subsection 1 shall make every reasonable effort to report the fact of such treatment to the parent or parents or legal guardian of the minor within a reasonable time after the treatment.
3. Immunity from civil or criminal liability extends to any such physician or surgeon rendering such treatment, in the absence of negligent diagnosis or treatment.
________
Assembly Bill No. 824Mr. Glover
CHAPTER 740
AN ACT relating to visually handicapped persons; requiring information with respect to such persons to be submitted to the department of motor vehicles; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in section 3 of this act:
1. Blind person means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
2. Night-blind person means a person afflicted with nyctalopia.
3. Severely visually impaired person means any person whose visual acuity with correcting lenses does not exceed 20/70 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 30°, or whose vision is impaired to such an extent that it materially limits, contributes to limiting or, if not corrected, will probably result in limiting the individuals activities of functioning.
Sec. 3. 1. The following sources shall submit, within 30 days of learning such information, to the department of motor vehicles the name, address, birth date, social security number, visual acuity and any other information which may be required by regulation of the department, of persons who are blind or night-blind or whose vision is severely impaired and shall designate whether such person is blind, night-blind or has severely impaired vision:
κ1973 Statutes of Nevada, Page 1523 (CHAPTER 740, AB 824)κ
and shall designate whether such person is blind, night-blind or has severely impaired vision:
(a) Hospitals, medical clinics and similar institutions which treat persons who are blind, night-blind or whose vision is severely impaired; and
(b) Agencies of the state and political subdivisions which provide special tax consideration for blindness or which provide aid to the blind as defined in NRS 426.050.
2. When any source described in paragraphs (a) and (b) of subsection 1 learns that vision has been restored to any person whose name appears in the registry established pursuant to subsection 3, the fact of restoration of vision shall be reported to such registry within 30 days of learning such fact.
3. The department may establish a registry for the purposes of this section and adopt regulations governing reports to and operation of such registry.
4. The department shall maintain a file of the names, addresses, birth dates and social security numbers of persons who are blind or night-blind or whose vision is severely impaired.
5. All information learned by the department pursuant to this section is confidential and any person who, without the consent of the individual concerned, reveals such information for purposes other than those specified in this section, or other than for administration of aid to the blind as defined in NRS 426.050 or services to the blind pursuant to NRS 426.520 to 426.610, inclusive, is guilty of a misdemeanor.
________
Assembly Bill No. 871Committee on Judiciary
CHAPTER 741
AN ACT relating to controlled substances; adding methaqualone to the list of controlled substances included in schedule III of the Uniform Controlled Substances Act; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 453.191 is hereby amended to read as follows:
453.191 1. The controlled substances listed in this section are included in schedule [IV.] III.
2. Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(a) Barbital;
(b) Chloral betaine;
(c) Chloral hydrate;
(d) Ethchlorvynol;
(e) Ethinamate;
κ1973 Statutes of Nevada, Page 1524 (CHAPTER 741, AB 871)κ
(f) Methaqualone;
(g) Methohexital;
[(g)] (h) Meprobamate;
[(h)] (i) Methylphenobarbital;
[(i)] (j) Paraldehyde;
[(j)] (k) Petrichloral; or
[(k)] (l) Phenobarbital.
3. The board may except by rule any compound, mixture or preparation containing any depressant substance listed in subsection 2 from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
________
Assembly Bill No. 879Committee on Judiciary
CHAPTER 742
AN ACT relating to motor vehicle carriers; allowing certain contracts with political subdivisions of the state for tow car services to remain valid until January 1, 1974; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.446 is hereby amended to read as follows:
706.446 1. Any person who was engaged in the transportation of vehicles by the use of a tow car with an unladened weight of less than 9,000 pounds, on or before January 1, 1971, and who held himself out for hire for such towing, shall be granted a certificate of public convenience and necessity if an application therefor:
(a) Is made within 90 days after July 1, 1971;
(b) Is accompanied by a filing fee of $25; and
(c) Contains satisfactory evidence of a lawful nature and scope of the applicants operation existing on or before January 1, 1971.
2. Before issuing any certificate of public convenience and necessity for the transportation of vehicles by tow car, the commission shall set the rate levels and storage charges under which such operation may be conducted, but the commission shall not be precluded from establishing rate areas.
3. When issued, a certificate of public convenience and necessity shall authorize the recipient to operate within the territory which the applicant substantiates by documentation between January 1, 1968, and January 1, 1971.
κ1973 Statutes of Nevada, Page 1525 (CHAPTER 742, AB 879)κ
4. Any person who on July 1, 1971, holds a valid certificate of public convenience and necessity issued by the commission for the operation of a tow car with an unladened weight of 9,000 pounds or more shall be granted the authority to operate a tow car with an unladened weight of less than 9,000 pounds within the territory substantiated under subsection 3, but in no event less than the territory set forth in such certificate of public convenience and necessity.
5. The provisions of this section do not apply to rates or contracts for tow services rendered for a licensed motor club regulated under chapter 696A of NRS.
[6. Notwithstanding the provisions of this section, any contract validly entered into prior to March 1, 1971, for tow car services shall remain valid until its normal expiration by its terms, but in no event for more than 2 years from July 1, 1971.]
Sec. 2. Notwithstanding the provisions of NRS 706.446, any contract validly entered into prior to March 1, 1971, with a political subdivision of this state for tow car services shall remain valid until the expiration of the contract according to its terms or January 1, 1974, whichever is earlier.
________
Assembly Bill No. 965Committee on Ways and Means
CHAPTER 743
AN ACT authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1973, and ending June 30, 1974, and beginning July 1, 1974, and ending June 30, 1975; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Expenditure of the following sums not appropriated from the general fund or the state highway fund in the state treasury is hereby authorized during the fiscal years beginning July 1, 1973, and ending June 30, 1974, and beginning July 1, 1974, and ending June 30, 1975, by the various officers, departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:
1973-74 1974-75
Office of the governor
Urban planning....................................................................... $52,726 $54,458
Comprehensive statewide planning.................................... 12,168 12,300
Manpower planning council................................................. 128,108 128,024
State controller.............................................................................. 75,000 75,000
Attorney general
Administration........................................................................ 354,347 354,750
Private detective..................................................................... 9,902 9,946
κ1973 Statutes of Nevada, Page 1526 (CHAPTER 743, AB 965)κ
1973-74 1974-75
Department of administration
Budget division...................................................................... $6,250 $6,250
Insurance premium revolving fund............................... 388,644 388,644
Personnel division.................................................................. 589,976 627,810
Intergovernmental personnel......................................... 90,690 93,304
Department of general services
Directors office...................................................................... 45,657 44,771
Purchasing division............................................................... 428,805 440,746
Surplus administration.................................................... 78,122 84,414
Commodity food program............................................... 168,038 169,362
Buildings and grounds division........................................... 1,340,742 1,443,365
General services working capital fund.......................... 1,065,866 1,079,598
Statewide leases............................................................... 555,224 555,244
Motor pool........................................................................ 612,595 646,455
Marlette Lake water system............................................ 37,888 42,098
Records management services division.............................. 128,122 135,170
Central data processing division......................................... 1,095,442 1,195,125
Accounting division.............................................................. 92,550 100,994
State printing division........................................................... 785,644 866,344
Computer facility........................................................................... 1,137,484 1,451,345
Nevada tax commission............................................................... 103,500 103,500
Public defender............................................................................. 93,816 100,125
District judges travel................................................................... 400 400
Legislative fund
Audit division......................................................................... 5,000 5,000
Legal division.......................................................................... 50,297 50,993
Statute revision operation..................................................... 473,506 386,024
State department of education
Administration........................................................................ 377,765 386,505
Vocational education............................................................. 1,358,137 1,489,514
Manpower development and training................................. 599,112 599,169
Adult basic education........................................................... 221,326 221,343
Fleischmann scholarships..................................................... 234,793 234,856
Teacher training for handicapped children........................ 70,394 70,798
National Defense Education Act......................................... 110,000 110,000
Elementary and secondary education act........................... 2,614,523 2,620,720
School lunch program............................................................ 1,000,000 1,080,000
Indian education..................................................................... 200,000 200,000
Education professions development act............................ 31,094 32,181
Education civil rights-Title IV............................................... 34,358 35,336
Western states small schools project................................. 269,722 269,972
Higher education student loan fund................................... 89,410 109,410
κ1973 Statutes of Nevada, Page 1527 (CHAPTER 743, AB 965)κ
1973-74 1974-75
Advisory council for career education...................................... $32,000 $32,160
Western interstate commission for higher education............. 161,794 ----------
University of Nevada System
University of Nevada, Reno-Instruction............................ 3,450,415 3,481,050
University of Nevada, Las Vegas-Instruction................... 2,023,630 2,131,000
Northern Nevada community college.................................. 42,000 48,000
Clark County community college......................................... 264,000 352,800
Western Nevada community college.................................. 192,000 264,000
Agricultural experiment......................................................... 632,649 632,649
Cooperative extension service............................................. 514,880 514,880
Nevada historical society............................................................ 8,000 8,000
Nevada state museum.................................................................. 10,390 10,946
Nevada council on the arts......................................................... 150,000 150,000
Nevada bicentennial commission............................................... 45,000 45,000
Nevada state library..................................................................... 68,482 67,582
Physically handicapped library services............................ 10,000 10,000
Library service improvement program................................. 135,800 136,700
Library services and construction-federal.......................... 110,003 110,003
State institutions library services........................................ 32,800 32,800
Library cooperation................................................................ 63,843 66,114
Department of health, welfare and rehabilitation
Aging services........................................................................ 1,223,635 1,200,000
Comprehensive health planning.......................................... 104,000 104,400
Health division
Office of state health officer........................................... 58,818 58,818
Dental health..................................................................... 74,688 74,688
Medical laboratory certification and improvement..... 3,500 3,500
Bureau of laboratory and research................................ 42,406 42,406
Maternal, child and school health and special childrens services ...................................................................................... 608,449 612,946
Environmental health....................................................... 200,315 186,046
Milk inspection revolving fund..................................... 1,000 1,000
Community health services............................................ 332,433 327,433
Health aid to counties..................................................... 120,000 120,000
Immunization program..................................................... 30,705 31,631
Bureau of health facilities............................................... 95,113 95,113
κ1973 Statutes of Nevada, Page 1528 (CHAPTER 743, AB 965)κ
1973-74 1974-75
Division of mental hygiene-mental retardation
Nevada mental health institute...................................... $225,000 $225,000
Hospital improvement program...................................... 99,155 99,017
Inservice education......................................................... 24,808 24,786
Reno mental health center.............................................. 7,000...................................................................................... 7,000
Las Vegas mental health center..................................... 20,000...................................................................................... 20,000
Clark County emotionally disturbed childrens program ...................................................................................... 129,748 171,881
Rural clinics....................................................................... 196,472...................................................................................... 181,864
Mental retardation centers............................................. 108,495...................................................................................... 108,237
Community awareness program..................................... 90,275...................................................................................... 97,181
Community training center fund.................................... 75,000...................................................................................... 75,000
Welfare division
Welfare administration.................................................... 3,654,359...................................................................................... 3,950,712
Aid to dependent children.............................................. 5,187,864...................................................................................... 5,447,354
Aid to the blind................................................................ 40,500 ----------
Old-age assistance........................................................... 885,000 ----------
Child welfare services...................................................... 289,536...................................................................................... 302,720
Work incentive program................................................. 53,507...................................................................................... 53,507
Medical care unit, Title XIX........................................... 12,741,544...................................................................................... 14,313,833
Homemaking services...................................................... 178,131...................................................................................... 198,935
Federal Cuban refugee program..................................... 331,504...................................................................................... 333,247
United States Indian services........................................ 151,780...................................................................................... 153,966
Food stamp program........................................................ 126,717...................................................................................... 126,717
Rehabilitation division........................................................... 1,347,062...................................................................................... 1,305,390
OASI determination unit................................................. 260,542...................................................................................... 265,244
Development disabilities................................................. 100,000...................................................................................... 100,000
Alcoholism and drug rehabilitation..................................... 353,677...................................................................................... 353,677
Alcoholism rehabilitation O.E.O.................................... 39,815...................................................................................... 41,280
Services to the blind division............................................... 175,809...................................................................................... 165,809
Nevada youth training center division............................... 40,000...................................................................................... 40,000
Youth training center vocational development........... 110,156...................................................................................... 112,856
Nevada girls training center division counseling.............. 12,500...................................................................................... 12,500
Office of economic opportunity........................................... 108,002...................................................................................... 111,591
Nevada state prison..................................................................... 209,550...................................................................................... 297,350
Parole and probation.................................................................... 61,734...................................................................................... 50,000
Commission on crimes, delinquency and corrections............. 205,487...................................................................................... 205,489
Crime commission identification and communications division ...................................................................................... 55,333 60,866
Crime commission federal grants......................................... 1,550,433...................................................................................... 1,791,315
κ1973 Statutes of Nevada, Page 1529 (CHAPTER 743, AB 965)κ
1973-74 1974-75
Department of the military........................................................... $227,153...................................................................................... $226,406
Civil defense and disaster agency....................................... 46,527...................................................................................... 47,775
Radiological instrument maintenance and calibration program ...................................................................................... 62,186 64,674
Emergency planning program............................................... 24,260...................................................................................... 24,962
Department of commerce
State fire marshal.................................................................... 69,647...................................................................................... 87,200
Real estate investigative fund.............................................. 1,000...................................................................................... 1,000
Real estate recovery............................................................... 20,000...................................................................................... 20,000
Real estate education, research and recovery................... 31,000...................................................................................... 32,000
Real estate education and research..................................... 32,000...................................................................................... 31,100
Banking and savings and loan divisions............................ 5,000...................................................................................... 5,000
Public service commission of Nevada....................................... 673,080...................................................................................... 716,979
Taxicab authority.......................................................................... 185,615...................................................................................... 190,102
Nevada athletic commission....................................................... 51,607...................................................................................... 51,655
Hoisting engineers license fund................................................. 3,756...................................................................................... 3,756
Nevada racing commission......................................................... 11,041...................................................................................... 11,000
Department of conservation and natural resources
Division of water resources.................................................. 65,000...................................................................................... 65,000
Division of forestry................................................................ 443,961...................................................................................... 472,461
Forest fire suppression................................................... 35,000...................................................................................... 35,000
Forest pest control........................................................... 10,000...................................................................................... 10,000
Forest and watershed rehabilitation.............................. 5,000...................................................................................... 5,000
Honor camp fund............................................................. 20,000...................................................................................... 20,000
Oil and gas conservation commission................................ 1,493...................................................................................... 1,493
Park historic preservation program...................................... 88,000...................................................................................... 88,000
Land and water conservation program............................... 16,761...................................................................................... 17,317
Nevada department of fish and game........................................ 2,919,656...................................................................................... 3,022,869
Fish and game boat act.......................................................... 241,000...................................................................................... 246,000
Fish and game upland game birds....................................... 20,000...................................................................................... 20,000
Colorado River commission........................................................ 246,609...................................................................................... 255,409
State department of agriculture
Apiary inspection fund......................................................... 11,218...................................................................................... 9,048
Plant industry fund................................................................ 41,491...................................................................................... 41,957
Agricultural registration and enforcement fund................ 70,966...................................................................................... 67,693
Livestock inspection fund.................................................... 322,470...................................................................................... 306,986
Insect abatement.................................................................... 45,000...................................................................................... 45,000
Sheep inspection fund................................................................. 41,935...................................................................................... 41,935
Woolgrowers predatory animal control committee................. 68,975...................................................................................... 68,904
κ1973 Statutes of Nevada, Page 1530 (CHAPTER 743, AB 965)κ
1973-74 1974-75
State dairy commission................................................................ $205,711...................................................................................... $209,575
Department of highways............................................................. 59,590,856...................................................................................... 59,205,413
Department of motor vehicles
Highway safety program....................................................... 102,299...................................................................................... 102,722
Nevada highway patrol special fund................................... 1,540,974...................................................................................... 1,552,223
Employment security department
Unemployment compensation administration................... 7,638,813...................................................................................... 8,216,559
OASI administration.............................................................. 3,500...................................................................................... 3,500
Public employees retirement board........................................... 385,346...................................................................................... 347,067
Regional plumbing boards.......................................................... 12,000...................................................................................... 6,000
Professional and vocational boards and commissions
Board of registration for public health sanitarians............ 2,000...................................................................................... 2,000
Nevada state board of accountancy................................... 35,000...................................................................................... 37,500
State board of architecture of Nevada................................ 23,850...................................................................................... 24,400
State barbers health and sanitation board........................ 10,600...................................................................................... 10,600
State board of examiners in the basic sciences.................. 5,500...................................................................................... 5,500
State board of podiatry.......................................................... 232 232
State board of chiropractic examiners................................. 9,100...................................................................................... 9,200
State contractors board........................................................ 291,512...................................................................................... 291,512
State board of cosmetology.................................................. 85,000...................................................................................... 99,500
Board of dental examiners of Nevada.................................. 11,010...................................................................................... 11,010
State board of registered professional engineers.............. 41,300...................................................................................... 42,450
State board of funeral directors and embalmers................ 2,550...................................................................................... 2,550
Nevada liquefied petroleum gas board............................... 15,541...................................................................................... 15,541
Board of medical examiners of the State of Nevada.......... 29,455...................................................................................... 29,755
State board of nursing........................................................... 46,730...................................................................................... 45,580
Board of dispensing opticians............................................. 795 795
Nevada state board of optometry........................................ 5,550...................................................................................... 6,300
State board of osteopathy.................................................... 500 500
State board of pharmacy....................................................... 59,100...................................................................................... 60,000
State board of physical therapy examiners......................... 500 500
Board of psychological examiners....................................... 500 500
Nevada state board of veterinary medical examiners........ 4,000...................................................................................... 4,000
κ1973 Statutes of Nevada, Page 1531 (CHAPTER 743, AB 965)κ
Sec. 2. 1. Expenditures of $1,915,490 by the Nevada gaming control board from the general fund in the state treasury pursuant to the provisions of NRS 463.330 are hereby authorized during the fiscal year beginning July 1, 1973, and ending June 30, 1974.
2. Expenditures of $1,933,771 by the Nevada gaming control board from the general fund in the state treasury pursuant to the provisions of NRS 463.330 are hereby authorized during the fiscal year beginning July 1, 1974, and ending June 30, 1975.
Sec. 3. The funds authorized to be expended by the provisions of sections 1, 2 and 4 (except the legislative fund) shall be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. Expenditure of $684,000 by the state parks division of the department of conservation and natural resources for marina development is hereby authorized for the biennium beginning July 1, 1973, and ending June 30, 1975.
Sec. 5. 1. Except as provided in subsection 2, the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amount authorized in sections 1, 2 and 4 for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in sections 1, 2 and 4.
2. The director of the legislative counsel bureau may, with the approval of the legislative commission, authorize the augmentation of the amount authorized in section 1 to the legislative fund for expenditures by the legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The director of the legislative counsel bureau shall reduce the authorization whenever he determines that funds to be received will be less than the amount so authorized in section 1.
Sec. 6. Where the operation of an office, department, board, agency, commission or institution or a program is financed by an appropriation or appropriations from the general fund in the state treasury as well as by funds received from other sources, the portion provided by appropriation from the general fund in the state treasury shall be decreased to the extent that the receipt of the funds from other sources approved by this act are exceeded, but such decrease shall not jeopardize the receipt of such funds to be received from other sources.
________
κ1973 Statutes of Nevada, Page 1532κ
Assembly Bill No. 947Committee on Ways and Means
CHAPTER 744
AN ACT relating to actions and claims against the state or its political subdivisions; permitting an award to include interest computed from the date of judgment; removing the prohibition against any award which includes interest prior to judgment; increasing the maximum amount of any administrative claim allowable by the state board of examiners; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.035 is hereby amended to read as follows:
41.035 1. No award for damages in an action sounding in tort brought under NRS 41.031 may exceed the sum of $25,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. No such award may include any amount as exemplary or punitive damages. [or as interest prior to judgment.]
2. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:
(a) Any public or quasi-municipal corporation organized under the laws of this state.
(b) Any person with respect to any land or water leased or otherwise made available by such person to any public agency.
(c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph shall not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.
The legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other waters owned or controlled by any public or quasi-municipal agency or corporation of this state, wherever such land or water may be situated.
Sec. 2. NRS 41.037 is hereby amended to read as follows:
41.037 Upon receiving the report of findings as provided in subsection 2 of NRS 41.036, the state board of examiners may allow and approve any claim against the state or any of its agencies arising under NRS 41.031 to the extent of [$1,000.] $15,000. Upon approval of any claim by the state board of examiners, the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the same from the reserve for statutory contingency fund. The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may allow and approve any claim against that subdivision arising under NRS 41.031 to the extent of [$1,000] $15,000 and pay it from any funds appropriated or lawfully available for such purpose.
________
κ1973 Statutes of Nevada, Page 1533κ
Assembly Bill No. 949Committee on Transportation
CHAPTER 745
AN ACT relating to violations of traffic laws and ordinances; requiring juvenile courts to report to department of motor vehicles any finding that a child has committed a moving traffic violation; clarifying the inclusion of such juvenile court findings in applying the system of demerit points and drivers license revocations and suspensions by the department; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.083 is hereby amended to read as follows:
62.083 Whenever any child is found to have violated a traffic law or ordinance, the judge, or his duly authorized representative, shall forward to the department of motor vehicles, in the form required by NRS 483.450, a record of such violation, other than violation of a law or ordinance governing standing or parking, and may, in his discretion, [may] do one, some or all of the following:
1. Impose a fine.
2. Recommend to the department of motor vehicles the suspension or revocation of the childs operators license.
3. Order the child placed on probation and require his successful completion of a traffic survival school approved by the judge.
4. Order as a condition of probation that the child or his parents pay the reasonable cost or a part thereof of the childs attending the approved traffic survival school.
Sec. 2. NRS 62.270 is hereby amended to read as follows:
62.270 1. The court shall make and keep records of all cases brought before it. [The] Except for records of traffic violations forwarded to the department of motor vehicles, the records shall be open to inspection only by order of the court to persons having a legitimate interest therein. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
2. Whenever the conduct of a juvenile with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to such civil action may petition the court for release of the name of the child, and upon satisfactory showing to the court that the purpose in obtaining such information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the name of such child and authorize its use in such civil action.
Sec. 3. NRS 483.450 is hereby amended to read as follows:
483.450 1. Whenever any person is convicted of any offense for which NRS 483.010 to 483.630, inclusive, make mandatory the revocation of the drivers license of such person by the department, the court in which such conviction is had shall require the surrender to it of all drivers licenses then held by the person so convicted, and the court shall thereupon, within 5 days, forward the same, together with a record of such conviction, to the department.
2. Such record of conviction shall be made upon a form furnished by the department and shall include the name and address of the person charged, the number of his drivers license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or a statement that bail was forfeited, the amount of the fine or forfeiture, and a statement that the license was revoked or suspended as the case may be.
κ1973 Statutes of Nevada, Page 1534 (CHAPTER 745, AB 949)κ
charged, the number of his drivers license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or a statement that bail was forfeited, the amount of the fine or forfeiture, and a statement that the license was revoked or suspended as the case may be.
3. Every court, including a juvenile court, having jurisdiction over offenses committed under NRS 483.010 to 483.630, inclusive, or any other law of this state or municipal ordinance regulating the operation of motor vehicles on highways, shall, within 5 days, forward to the department:
(a) If the court is other than a juvenile court, a record of the conviction of any person in such court for a violation of any such laws other than regulations governing standing or parking [,] ; or
(b) If the court is a juvenile court, a record of any finding that a child has violated a traffic law or ordinance other than one governing standing or parking,
and may recommend the suspension of the drivers license of the person so convicted [.] or child so found in violation of a traffic law or ordinance.
4. For the purposes of NRS 483.010 to 483.630, inclusive, the term conviction means a final conviction [.] , and includes a finding by a juvenile court pursuant to NRS 62.083. Also, for the purpose of NRS 483.010 to 483.630, inclusive, a forfeiture of bail or collateral deposited to secure a defendants appearance in court, which forfeiture has not been vacated, is equivalent to a conviction.
5. The necessary expenses of mailing licenses and records of conviction to the department as required by subsections 1 and 3 of this section shall be paid by the court charged with the duty of forwarding such licenses and records of conviction.
Sec. 4. NRS 483.470 is hereby amended to read as follows:
483.470 1. The department is hereby authorized to suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction;
(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(c) Is an habitually reckless or negligent driver of a motor vehicle;
(d) Is an habitual violator of the traffic laws;
(e) Is physically or mentally incompetent to drive a motor vehicle;
(f) Has permitted an unlawful or fraudulent use of such license; or
(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation.
2. As used in this section, traffic violation means conviction on a charge involving a moving traffic violation in any municipal court, justices court or district court in the State of Nevada [.] , and includes a finding by a juvenile court pursuant to NRS 62.083 that a child has violated a traffic law or ordinance other than one governing standing or parking.
3. The department shall establish a uniform system of demerit points for various traffic violations occurring within the State of Nevada affecting any holder of a drivers license issued by the department.
κ1973 Statutes of Nevada, Page 1535 (CHAPTER 745, AB 949)κ
4. Such system shall be a running system of demerits covering a period of 12 months next preceding any date on which a licensee may be called before the department to show cause as to why his drivers license should not be suspended.
5. Such system shall be uniform in its operation and the department shall set up a system of demerits for each traffic violation coming under this section, depending upon the gravity of such violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. Details of the violation shall be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
6. When any driver has accumulated three or more demerit points, but less than 12, the department shall notify him of this fact. If the driver presents proof to the department that he has successfully completed a traffic safety school course, approved by the department, for the number of hours prescribed by the course, with the approval of the department as constituting a course of instruction, the department shall cancel the three most recently acquired demerit points from his driving record, pursuant to this subsection, during a 12-month period; but if such driver accumulates 12 demerit points before completing the traffic safety school, he will not be entitled to have demerit points canceled upon completion of such course, but shall have his license suspended. A person shall be allowed to attend only once in 12 months for the purpose of reducing his demerit points.
7. Any three-demerit-point reduction shall apply only to the demerit record of the driver and shall not affect his driving record with the department or insurance record.
8. When any licensee has accumulated 12 demerit points the department shall suspend the license of such licensee until the total of his demerits has dropped below 12 demerits in the next preceding 12 months.
9. The director of the department of motor vehicles is hereby empowered to set up a scale of demerit values for each traffic violation.
10. Upon suspending the license of any person as authorized in this section, the department shall immediately notify the licensee in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the administrator, or his duly authorized agent, may administer oaths and may issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon such hearing the department shall either rescind its order of suspension or, good cause appearing therefor, may extend the suspension of such license or revoke such license.
Sec. 5. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 1536κ
Assembly Bill No. 906Committee on Commerce
CHAPTER 746
AN ACT regulating mortgage companies; requiring licenses for mortgage companies; providing penalties; and providing other matters properly relating thereto.
[Approved May 1, 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 24, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Commissioner means the commissioner of savings associations.
2. Mortgage company means any person who, either on his own account or as an agent, provides funds for investment in loans secured by a lien on property, or who, in conjunction with such lending business, collects any funds which are:
(a) In payment of the principal or interest on such loans on behalf of another person; or
(b) In payment for any taxes or insurance premiums on property purchased through the use of such loans.
Sec. 3. It is unlawful for any person, unless exempted under section 19 of this act, to charge a fee for mortgage company services or to engage in or carry on, or hold himself out as engaging in or carrying on, the mortgage company business without first obtaining a license as a mortgage company.
Sec. 4. 1. A license as a mortgage company may be obtained by filing a written application in the office of the commissioner.
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 name 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 mortgage company business.
(g) Require a financial statement of the applicant.
(h) Require such other information as the commissioner determines necessary.
3. If the commissioner 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 handling of moneys deposited for taxes and insurance premiums will protect and safeguard the public, he shall issue a license to the applicant as a mortgage company.
κ1973 Statutes of Nevada, Page 1537 (CHAPTER 746, AB 906)κ
Sec. 5. 1. At the time of filing an application for a mortgage companys license, the applicant shall deposit with the commissioner a corporate surety bond payable to the State of Nevada, in an amount, to be determined by the commissioner, no less than $50,000, and executed by a corporate surety satisfactory to the commissioner.
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 .., 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 commissioner of savings associations of the State of Nevada for a license as a mortgage company 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 2 to 24, inclusive, of this act and pay all damages suffered by any person by reason of the violation of any of the provisions of sections 2 to 24, 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 2 to 24, 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 commissioner 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 commissioner of savings associations of the State of Nevada.
This bond shall be one continuing obligation, and the liability of the surety for the aggregate of any and all claims which may arise hereunder shall in no event exceed the amount of the penalty hereof.
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
κ1973 Statutes of Nevada, Page 1538 (CHAPTER 746, AB 906)κ
Sec. 6. If the commissioner determines that a bond on deposit pursuant to the provisions of section 5 of this act is insufficient to protect the public interest, he shall require an additional bond to be deposited.
Sec. 7. 1. The mortgage companys 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, submitting a satisfactory independent audit by a certified public accountant and paying the annual license fee for the succeeding 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 sections 2 to 24, inclusive, of this act shall be deposited in the state treasury to the credit of the general fund.
Sec. 8. All mortgage companies shall keep and maintain at all times in their principal places of business complete and suitable records of all mortgage transactions made by them, together with books, papers and data clearly reflecting the financial condition of the business of such companies. Every mortgage company shall, at the times required by the commissioner, make and file in the office of the commissioner a true and correct statement, in the form and containing the data the commissioner may require, of the business of the mortgage company.
Sec. 9. 1. Subject to the administrative control of the director of the department of commerce, the commissioner shall exercise general supervision and control over mortgage companies doing business in the State of Nevada.
2. In addition to the other duties imposed upon him by law, the powers and duties of the commissioner are:
(a) To make reasonable rules and regulations as may be necessary for making effective sections 2 to 24, inclusive, of this act, except as to loan brokerage fees.
(b) To conduct such investigations as may be necessary to determine whether any person has violated any provision of sections 2 to 24, inclusive, of this act.
(c) To 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 mortgage company laws of this state.
(d) To 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 commissioner 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 sections 2 to 24, inclusive, of this act, and in connection therewith require the production of any books, records or papers relevant to the inquiry.
κ1973 Statutes of Nevada, Page 1539 (CHAPTER 746, AB 906)κ
inclusive, of this act, 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 commissioner, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor.
3. The cost of any examination, investigation or hearing conducted under sections 2 to 24, inclusive, of this act may be assessed to and collected from the mortgage company in question by the commissioner.
Sec. 11. 1. Grounds for refusing to license any person as a mortgage company and grounds for suspending any license in any proceedings under chapter 233B of NRS are that the applicant or licensee:
(a) Is insolvent;
(b) Is of bad business repute or has demonstrated his unworthiness to transact the business of a mortgage company;
(c) Does not conduct his business in accordance with law or has violated any provisions of sections 2 to 24, inclusive, of this act;
(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 sections 2 to 24, inclusive, of this act;
(f) Has made any misrepresentations or false statement to, or concealed any essential or material fact from, any person in the course of the mortgage company business;
(g) Has knowingly made or caused to be made to the commissioner any false representation of material fact or has suppressed or withheld from the commissioner 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 sections 2 to 24, inclusive, of this act;
(h) Has failed to account to persons interested for all funds received for the impound trust account;
(i) Has refused to permit an examination by the commissioner 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 commissioner under the provisions of sections 2 to 24, inclusive, of this act; or
(j) 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.
Sec. 12. 1. Notice of the entry of any order of suspension or of refusing a license to any mortgage company shall be given in writing, served personally or sent by certified mail or by telegraph to the company affected.
κ1973 Statutes of Nevada, Page 1540 (CHAPTER 746, AB 906)κ
2. The company, 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 company, the commissioner shall enter a final order in either case.
Sec. 13. 1. The commissioner may investigate either upon complaint or otherwise when it appears that a mortgage company is conducting its business in an unsafe and injurious manner or in violation of sections 2 to 24, inclusive, of this act or the regulations promulgated thereunder by the commissioner, or when it appears that any person is engaging in the mortgage company business without being licensed under the provisions of those sections.
2. If upon investigation it appears that such company is so conducting its business or an unlicensed person is engaged in the mortgage company business, the commissioner 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 sections 2 to 24, inclusive, of this act; and
(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 sections 2 to 24, inclusive, of this act or regulations thereunder to enjoin any such person from continuing such practices or engaging therein or doing any such act.
3. If the commissioner 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 commissioner shall be deemed to be prima facie evidence and sufficient grounds, in the discretion of the court, for the issue ex parte of a temporary restraining order. In any such court proceedings the commissioner 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 commissioner 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 commissioner 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 commissioner 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.
κ1973 Statutes of Nevada, Page 1541 (CHAPTER 746, AB 906)κ
more than 25 cents for each folio of the transcript and $1 for the certification thereof. The commissioner 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 commissioner from which the appeal is taken.
4. An appeal from an order of the commissioner shall be treated as a proceeding in equity.
5. Any order of the commissioner 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 commissioner is reversed, the court shall by its mandate specifically direct the commissioner as to his further action in the matter including the making and entering of any order in connection therewith and the conditions, limitations or restrictions to be therein contained; but the commissioner 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 appellant 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 commissioner ascertains by examination or otherwise that the assets or capital of any mortgage company are impaired or that a mortgage companys affairs are in an unsafe condition, he may immediately take possession of all the property, business and assets of the company which are located in this state and retain possession of them pending further proceedings provided for in sections 2 to 24, inclusive, of this act.
2. If the board of directors or any officer or person in charge of the offices of such company refuses to permit the commissioner to take possession of its property, the commissioner shall communicate such fact to the attorney general. Thereupon the attorney general shall immediately institute such proceedings as may be necessary to place the commissioner in immediate possession of the property of the company. The commissioner thereupon shall make or have made an inventory of the assets and known liabilities of the company.
3. The commissioner 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 company is located and shall mail one copy to each stockholder, partner, officer or associate of the mortgage company at his last-known address.
κ1973 Statutes of Nevada, Page 1542 (CHAPTER 746, AB 906)κ
in which the principal office of the company is located and shall mail one copy to each stockholder, partner, officer or associate of the mortgage company 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 mortgage company 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 commissioner may apply to the court to be appointed receiver and proceed to liquidate the assets of the company 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 commissioner ample notice of his application.
4. The inventory made by the commissioner 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.
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 commissioner subject to the approval of the court, and, upon certification of the commissioner, shall be paid out of the funds in his hands as such receiver.
Sec. 18. It is unlawful for any foreign corporation, association or business trust to transact any mortgage business in this state unless it:
1. Qualifies under chapter 80 of NRS; and
2. Complies with the provisions of this chapter unless exempted by section 19 of this act.
Sec. 19. The provisions of sections 2 to 24, inclusive, of this act 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 or real estate investment trusts as defined in 26 U.S.C. § 856.
2. An attorney at law rendering services in the performance of his duties as attorney at law.
3. Any firm or corporation which lends money on real property and is subject to licensing, supervision or auditing by a federal or state agency or is a mortgage company approved by the Federal Housing Administration.
4. Any person doing any act under order of any court.
5. Any person who provides funds for investment in loans secured by a lien on real property, on his own account, who does not charge a fee or cause a fee to be paid for any service other than the normal and scheduled rates for escrow, title insurance and recording services, and who does not collect funds to be used for the payment of any taxes or insurance premiums on the property securing any such loans.
κ1973 Statutes of Nevada, Page 1543 (CHAPTER 746, AB 906)κ
rates for escrow, title insurance and recording services, and who does not collect funds to be used for the payment of any taxes or insurance premiums on the property securing any such loans.
Sec. 20. 1. All money paid to the mortgage company for payment of taxes or insurance premiums on property which secures any loan made by the mortgage company shall be deposited in a bank and kept separate, distinct and apart from funds belonging to the mortgage company. Such funds, when deposited, are to be designated as an impound trust account or under some other appropriate name indicating that the funds are not the funds of the mortgage company.
2. The mortgage company shall have a fiduciary duty to its debtors with respect to the funds in its impound trust account.
3. The mortgage company shall, upon reasonable notice, account to any debtor whose property secures a loan made by the mortgage company for any funds which that person has paid to the mortgage company for the payment of taxes or insurance premiums on the property in question.
4. The mortgage company shall, upon reasonable notice, account to the commissioner for all funds in the companys impound trust account.
Sec. 21. 1. Impound trust account funds are not subject to execution or attachment on any claim against the mortgage company.
2. It is unlawful for any mortgage company knowingly to keep or cause to be kept any funds or money in any bank under the heading of impound trust account or any other name designating such funds or money belonging to the debtors of the mortgage company, except actual funds paid to the mortgage company for the payment of taxes and insurance premiums on property securing loans made by the company.
Sec. 22. Sections 2 to 24, inclusive, of this act 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 mortgage company 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 commissioner under sections 2 to 24, inclusive, of this act are open to public inspection, except that the commissioner 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 mortgage company requires to be so withheld.
Sec. 24. Any person, or any director, officer, agent or employee of any such person, who violates any of the provisions of sections 2 to 24, inclusive, of this act is guilty of a misdemeanor.
________
κ1973 Statutes of Nevada, Page 1544κ
Assembly Bill No. 925Mr. Glover
CHAPTER 747
AN ACT relating to the Motor Vehicle Safety Responsibility Act; requiring that the department of motor vehicles provide a hearing before suspending the license or registration of a person under the provisions of this chapter; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 485 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Director means the director of the department of motor vehicles.
Sec. 3. 1. Any operator or owner who was involved in an accident, and at the time of such accident did not have an automobile liability insurance policy in effect, or who is not otherwise exempt from the requirements of depositing security by the provisions of NRS 485.200, shall have the right to a hearing before the director or his representative prior to a determination of the amount of security required pursuant to NRS 485.190, and prior to the suspension of such persons operators license or registration as provided in subsection 2 of NRS 485.190. The hearing shall be held in the county of residence of such operator. If the operator and owner reside in different counties and the hearing would involve both of them, the hearing shall be held in the county which will be the most convenient for the subpena of witnesses.
2. The owner or operator shall be given at least 30 days notice of the hearing in writing with a brief explanation of the proceedings to be taken against him and the possible consequences of a determination adverse to such operator or owner.
3. If the operator or owner desires a hearing, he shall, within 30 days, notify the division in writing of his intention. If such person does not send such notice within the 30 days, he waives his right to a hearing; provided, the director may for good cause shown permit the owner a later opportunity for a hearing.
Sec. 4. 1. The hearing shall be held to determine:
(a) Whether or not there is a reasonable possibility that a judgment may be rendered against the owner or operator as a result of the accident in which he was involved if the issue is brought before a court of competent jurisdiction; and
(b) The amount of security that may be required of the operator or owner to satisfy any judgment or judgments for damages that may be rendered against him.
2. The operator or owner may be represented at the hearing by counsel and may examine, either in person or by counsel, all witnesses who are called to testify at such hearing.
Sec. 5. The director or his representative shall have power to administer oaths, certify to all official acts and to issue subpenas for attendance of witnesses and the production of books and papers.
κ1973 Statutes of Nevada, Page 1545 (CHAPTER 747, AB 925)κ
Sec. 6. 1. The district court in and for the county in which any hearing may be held shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the director.
2. In case of the refusal of any witness to attend or testify or produce any papers required by such subpena the director may report to the district court in and for the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpenaed in the manner prescribed in this chapter;
(c) That the witness has failed and refused to attend or produce the papers required by subpena before the director in the cause or proceeding named in the subpena, or has refused to answer questions propounded to him in the course of such hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the director.
3. The court, upon petition of the director, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the director. A certified copy of the order shall be served upon the witness. If it shall appear to the court that the subpena was regularly issued by the director, the court shall thereupon enter an order that the witness appear before the director at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
Sec. 7. 1. If a ruling or decision is adverse to the operator or owner he may, within 10 days from the date of the decision, appeal therefrom to the district court. The district court may conduct a trial de novo on the decision.
Sec. 8. NRS 485.190 is hereby amended to read as follows:
485.190 1. If 20 days after the receipt of a report of a motor vehicle accident within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of $250, the division does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the division shall [determine the amount of security which shall be sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner.] upon request set the matter down for a hearing as provided in section 3 of this act.
2. The division shall, at any time after [the receipt of such report of a motor vehicle accident,] a determination adverse to an operator or owner pursuant to section 3 of this act, suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in such accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if such owner is a nonresident, the privilege of the use within this state of any motor vehicle owned by him, unless such operator or owner or both shall deposit security in the sum so determined by the division.
κ1973 Statutes of Nevada, Page 1546 (CHAPTER 747, AB 925)κ
owner pursuant to section 3 of this act, suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in such accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if such owner is a nonresident, the privilege of the use within this state of any motor vehicle owned by him, unless such operator or owner or both shall deposit security in the sum so determined by the division. Notice of such suspension shall be sent by the division to such operator and owner not less than 10 days prior to the effective date of such suspension and shall state the amount required as security. Where erroneous information is given the division with respect to the matters set forth in subsections 1, 2 or 3 of NRS 485.200, the division shall take appropriate action as hereinbefore provided after it receives correct information with respect to such matters.
Sec. 9. NRS 485.200 is hereby amended to read as follows:
485.200 The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, shall not apply:
1. To such operator or owner if such owner had in effect at the time of such accident an automobile liability policy with respect to the motor vehicle involved in such accident;
2. To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident an automobile liability policy or bond with respect to his operation of motor vehicles not owned by him;
3. To such operator or owner if the liability of such operator or owner for damages resulting from such accident is, in the judgment of the division, covered by any other form of liability insurance policy or bond;
4. To any person qualifying as a self-insurer under NRS 485.380, or to any person operating a motor vehicle for such self-insurer;
5. To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such operator or owner;
6. To the operator or the owner of a motor vehicle legally parked at the time of the accident;
7. To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating such motor vehicle without such permission; or
8. If, prior to the date that the division would otherwise suspend the license and registration or nonresidents operating privilege under NRS 485.190, there shall be filed with the division evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or has received a determination in his favor at a hearing conducted pursuant to section 3 of this act, or has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.
________
κ1973 Statutes of Nevada, Page 1547κ
Assembly Bill No. 932Committee on Education
CHAPTER 748
AN ACT relating to curricula of public, private and other schools; requiring courses in American government and history to be taught; and providing other matters properly relating thereto.
[Approved May 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 389.020 is hereby amended to read as follows:
389.020 1. In all public and private schools, the Nevada girls training center, and the Nevada youth training center, instruction shall be given in American government, including but not limited to the essentials of the Constitution of the United States [and] , the constitution of the State of Nevada, [including] the origin and history of the constitutions and the study of and devotion to American institutions and ideals.
2. The instruction required in subsection 1 shall be given during at least 1 year [each] of the elementary school [and high school] grades [.] and for a period of at least 1 year in all high schools.
[3. No student in such schools shall receive a certificate or diploma of graduation without previously having passed a satisfactory examination upon the constitutions.]
Sec. 2. NRS 389.030 is hereby amended to read as follows:
389.030 American history, including the history of the State of Nevada [and American civil government] shall be taught in all of the [grade schools and high schools] public and private schools in the State of Nevada [, special scientific schools excepted.] for a period of at least 1 year.
Sec. 3. Chapter 389 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No student in any public or private high school, the Nevada girls training center or the Nevada youth training center shall receive a certificate or diploma of graduation without having passed a course in American government and American history as required by NRS 389.020 and 389.030.
________
Assembly Bill No. 901Committee on Ways and Means
CHAPTER 749
AN ACT relating to salaries and compensation of state officers and employees; increasing the maximum annual salary limit for employees in the classified service and removing other salary limitations; providing for salary adjustments; establishing annual salaries of state officers and employees in the unclassified service and attorney generals office; and providing other matters properly relating thereto.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.175 is hereby amended to read as follows:
284.175 1. After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe rules and regulations for a pay plan for all employees in the classified service.
κ1973 Statutes of Nevada, Page 1548 (CHAPTER 749, AB 901)κ
fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe rules and regulations for a pay plan for all employees in the classified service.
2. The pay plan and amendments thereto shall become effective only after approval by the commission and the governor.
3. The chief shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary funds are made available for such payment.
4. The chief shall prescribe rules and regulations that provide for progression through the rate ranges based on merit and fitness alone. Upon approval of the commission such rules and regulations shall become effective.
5. Except as otherwise provided in this subsection, no employee in the classified service may receive a salary exceeding [$22,000] $24,684 a year. Employees filling the following described positions in the classified service may receive annual salaries not to exceed the following specified amounts:
Approximate Annual Salary
Chief, dental health services (Range A)............................. [$22,020] $27,173
Chief, dental health services (Range B)................................ [24,239] 28,508
Chief, maternal and child health (Range A).......................... [24,239] 28,508
Chief, maternal and child health (Range B).......................... [26,048] 31,380
Chief, maternal and child health (Range C)................................... 32,925
Chief, preventive medical services (Range A)..................... [24,239] 28,508
Chief, preventive medical services (Range B)...................... [26,048] 31,380
Chief, preventive medical services (Range C)................................. 32,925
Senior physician (Range A).................................................... [22,554] 27,173
Senior physician (Range B).................................................... [24,829] 29,910
Senior physician (Range C)................................................................ 31,380
Senior psychiatrist (Range A)................................................ [25,432] 29,910
Senior psychiatrist (Range B)................................................. [27,994] 32,925
Senior psychiatrist (Range C)............................................................ 34,552
Senior public health dentist (Range A)............................................ 23,529
Senior public health dentist (Range B)............................................ 25,899
State health officer (Range A)................................................ [27,329] 32,925
State health officer (Range B)................................................. [28,472] 34,552
State health officer (Range C)............................................................ 36,254
[Supervisor, tuberculosis control (Range A).......................... 24,239
Supervisor, tuberculosis control (Range B).......................... 26,048]
Welfare medical care officer.................................................... [22,554] 27,173 As used in this subsection a senior psychiatrist (Range B) is a psychiatrist [certified or] eligible for certification by the American Board of Psychiatry.
κ1973 Statutes of Nevada, Page 1549 (CHAPTER 749, AB 901)κ
As used in this subsection a senior psychiatrist (Range B) is a psychiatrist [certified or] eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.
6. Employees filling the above described positions may receive a salary adjustment based upon the movement of the National Consumer Price Index to take effect January 1, 1974, and to be effective through June 30, 1975. The percentage increase will be determined by using the Bureau of Labor statistics, the United States Department of Labor, National Consumer Price Index percentage for the months of October 1972, through September 1973, not to exceed 5 percent.
7. Except as otherwise provided in this subsection, no employee in the classified service may receive a salary in excess of 95 percent of the salary received by his immediate supervisor if his immediate supervisor is in the unclassified service. The provisions of this subsection shall not:
(a) Be construed to effect a reduction of the salary of any employee in the classified service on [January 1, 1971.] January 1, 1973.
(b) Apply to physicians, surgeons and dentists in fulltime employment with the state and to engineers employed by the state planning board. During regular legislative sessions salaries for the classified service of the state shall be set based upon the prevailing rates paid in government and industry for comparable jobs within the State of Nevada and western states, where appropriate.
Sec. 2. NRS 284.182 is hereby amended to read as follows:
284.182 The following state officers and employees in the unclassified service of the State of Nevada shall receive annual salaries not to exceed the approximate maximum amounts set forth following their unclassified grade and specified titles:
Approximate
Annual Salary
[1. Attorney generalCentral office:
Chief deputy attorney general....................................................... $19,546
Deputy attorneys general (6 in number) each............................. 15,799
Deputy, criminal division............................................................... 16,175
Investigator...................................................................................... 13,106
Investigator, criminal division....................................................... 13,106
2. Attorney generalDeputy attorneys general:
Chief assistant................................................................................. $18,642
Chief counsel, board of regents, University of Nevada............ 18,642
Deputy, Las Vegas.......................................................................... 18,642
Deputy, public service commission of Nevada.......................... 17,360
Deputy, Nevada gaming commission........................................... 18,642
Deputy, office of director, department of health, welfare and rehabilitation ..... 16,175
Deputy, state department of conservation and natural resources ..... 16,957
Deputy, department of commerce................................................. 16,175
κ1973 Statutes of Nevada, Page 1550 (CHAPTER 749, AB 901)κ
Approximate
Annual Salary
Deputy, department of motor vehicles......................................... $16,175
Deputy, Nevada tax commission................................................... 16,175
Deputy, welfare division, department of health, welfare and rehabilitation ..... 18,642
Deputy, welfare division, department of health, welfare and rehabilitation ..... 17,360
Deputy, welfare division, department of health, welfare and rehabilitation (three positions)........................................................................ 16,175
3. Attorney generalDepartment of highways:
Chief counsel................................................................................... $18,642
Assistant chief counsel.................................................................. 16,957
Deputies............................................................................................ 15,799
Legal research assistants............................................................... 11,139
4. Department of the military:
Adjutant general.............................................................................. $17,361
Administrative officer..................................................................... 11,139
5. Colorado River commission of Nevada:
Administrator................................................................................... $20,019
Secretary........................................................................................... 16,175
6. Commission on crimes, delinquency and corrections:
Director............................................................................................. $16,559
Training coordinator....................................................................... 13,414
7. Department of administration:
Director............................................................................................. $22,554
Budget division:
Deputy budget administrator.................................................. 16,559
Chief assistant budget administrator..................................... 14,723
Buildings and grounds division:
Superintendent of buildings and grounds............................ 14,723
Deputy superintendent of buildings and grounds.............. 12,805
Chief assistant........................................................................... 12,805
Marlette Lake water system supervisor................................. 8,673
Purchasing division:
Chief............................................................................................ 16,559
8. Department of civil defense and disaster assistance:
Director of civil defense and disaster assistance....................... $14,723
9. Department of commerce:
Director............................................................................................. $20,992
Banking division:
Superintendent of banks.......................................................... 18,203
Insurance division:
Commissioner of insurance..................................................... 18.203
Chief deputy commissioner of insurance.............................. 15,072
Chief assistant, Las Vegas....................................................... 13,414
κ1973 Statutes of Nevada, Page 1551 (CHAPTER 749, AB 901)κ
Approximate
Annual Salary
Real estate division:
Real estate administrator.......................................................... $15,429
Chief investigator...................................................................... 11,941
Chief assistant........................................................................... 9,715
Special investigator.................................................................. 9,715
Savings and loan division:
Commissioner of savings associations................................. 18,203
10. Department of economic development:
Director............................................................................................. $14,723
Deputy director................................................................................ 10,640
Deputy, tourism............................................................................... 13,414
Deputy, industry............................................................................. 13,414
11. Department of health, welfare and rehabilitation:
Director............................................................................................. $21,499
State comprehensive health planner............................................ 14,723
Alcoholism division:
Administrator............................................................................. 12,805
Childrens home division:
Superintendent.......................................................................... 16,176
Mental hygiene and mental retardation division:
Superintendent and medical director of the Nevada state hospital ..... 31,570
Medical director of the Southern Nevada comprehensive mental health center.......................................................................................... 28,672
Nevada girls training center division:
Superintendent.......................................................................... 16,176
Nevada youth training center division:
Superintendent.......................................................................... 16,176
12. Department of highways:
State highway engineer.................................................................. $26,048
Deputy highway engineer.............................................................. 22,554
Deputy highway engineer.............................................................. 22,554
Business manager........................................................................... 21,499
13. Department of motor vehicles:
Director............................................................................................. $19,087
Deputy director................................................................................ 15,429
Highway safety coordinator.......................................................... 14,723
14. Department of parole and probation:
Chief parole and probation officer................................................ $16,559
15. Local government employee-management relations board:
Secretary........................................................................................... $8,297
16. State youth coordinator..................................................................... $13,414
Deputy state youth coordinator................................................... 4,823
Assistant state youth coordinator............................................... 4,823
17. Department of state printing:
Superintendent................................................................................ $18,203
κ1973 Statutes of Nevada, Page 1552 (CHAPTER 749, AB 901)κ
Approximate
Annual Salary
18. Employment security department:
Executive director............................................................................ $20,019
Chief assistant................................................................................. 7,755
19. Governors mansion maintenance:
Extra help.......................................................................................... $2,984
Cook.................................................................................................. 6,502
20. Governors office:
Executive assistant.......................................................................... $19,546
Executive assistant.......................................................................... 19,546
Press secretary................................................................................. 15,072
Secretary to the governor.............................................................. 9,940
Administrative secretaries, each................................................... 7,755
Special assistant, Las Vegas.......................................................... 14,723
21. Indian affairs commission:
Executive director............................................................................ $13,414
22. Inspector of mines office:
Deputy inspector............................................................................. $12,222
Chief assistant................................................................................. 7,755
23. Labor commissioners office:
Labor commissioner........................................................................ $15,428
Deputy labor commissioner, Las Vegas....................................... 10,400
Chief assistant................................................................................. 9,283
24. Lost City museum:
Curator.............................................................................................. $9,715
Attendant......................................................................................... 6,097
25. Nevada athletic commission:
Executive secretary......................................................................... $10,400
26. Nevada commission on equal rights of citizens:
Secretary........................................................................................... $13,414
Assistant secretary......................................................................... 9,283
27. Nevada commissioner for veteran affairs:
Commissioner................................................................................... $12,805
Deputy commissioner, Las Vegas................................................. 11,668
28. Nevada department of fish and game:
Director............................................................................................. $17,361
Chief assistant, fish and game....................................................... 14,052
29. Nevada educational communications commission:
Administrator................................................................................... $16,176
30. Nevada gaming commission:
Executive secretary......................................................................... $19,087
Assistant executive secretary....................................................... 14,723
Tax administrators........................................................................... 12,805
Confidential secretaries.................................................................. 10,167
Tax and license examiners.............................................................. 9,495
Senior key punch operator............................................................. 7,420
Research accountant...................................................................... 16,956
Chief tax administrator.................................................................... 13,414
Student.............................................................................................. 3,438
Research assistant.......................................................................... 8,872
κ1973 Statutes of Nevada, Page 1553 (CHAPTER 749, AB 901)κ
Approximate
Annual Salary
Program specialists......................................................................... $8,481
Administrative assistants.............................................................. 8,481
Financial analyst.............................................................................. 16,956
31. Manpower planning council:
Chairman........................................................................................... $17,361
32. State board of finance:
Secretary........................................................................................... $14,723
33. Nevada historical society:
Executive secretary......................................................................... $10,640
Assistant executive secretary....................................................... 8,297
Research librarian (part time)......................................................... 3,645
34. Nevada industrial commission:
Chairman........................................................................................... $19,087
Commissioner representative of labor.......................................... 17,361
Commissioner representative of employers................................ 17,361
35. Nevada state museum:
Director............................................................................................. $11,941
36. Nevada state prison:
Warden............................................................................................. $18,203
Deputy warden................................................................................ 15,428
37. Nevada tax commission:
Secretary........................................................................................... $19,546
Assistant secretary......................................................................... 17,779
38. Office of economic opportunity:
Director............................................................................................. $12,805
Deputy director................................................................................ 11,668
39. Public employees retirement board:
Executive secretary......................................................................... $18,203
Assistant executive secretary....................................................... 13,414
Chief assistant................................................................................. 11,140
40. Public service commission of Nevada:
Chairman........................................................................................... $19,087
Commissioners (other than chairman) each................................ 18,203
Administrative assistant................................................................ 12,805
41. Secretary of states office:
Deputy secretary of state............................................................... $13,383
Deputy secretary of state (securities).......................................... 13,383
Chief assistant................................................................................. 8,673
42. State controllers office:
Deputy state controller................................................................... $16,176
43. State department of conservation and natural resources:
Director............................................................................................. $20,992
Assistant director............................................................................ 17,779
Division of water resources:
State engineer............................................................................ 19,087
District supervisor, water commissioners (one-half time)... 7,584
κ1973 Statutes of Nevada, Page 1554 (CHAPTER 749, AB 901)κ
Approximate
Annual Salary
Division of forestry:
State forester firewarden.......................................................... $15,428
Division of state parks:
Administrator of the Nevada state park system................... 16,557
44. State department of education:
Superintendent of public instruction........................................... $23,664
Deputy superintendent of public instruction............................. 20,019
Associate superintendent of public instruction for administration ..... 18,203
Western states small school coordinator.................................... 16,176
Vocational education advisory council:
Executive director...................................................................... 17,337
45. State gaming control board:
Chairman........................................................................................... $20,019
Members (other than chairman) each........................................... 19,546
Audit division:
Chief............................................................................................ 17,361
Deputy........................................................................................ 14,723
Senior auditor............................................................................ 14,052
Auditors, each........................................................................... 13,414
Enforcement division:
Chief............................................................................................ 17,361
Deputy........................................................................................ 14,723
Senior investigator.................................................................... 14,052
Agents........................................................................................ 13,106
Investigative division:
Chief............................................................................................ 17,361
Deputy........................................................................................ 14,723
Investigators.............................................................................. 13,414
Office services:
Manager, Carson City.............................................................. 15,429
Securities officer........................................................................ 20,019
Files supervisor......................................................................... 9,283
Administrative secretaries....................................................... 8,481
Principal clerk, typist or stenographer................................... 7,755
Senior clerk, typist or stenographer....................................... 5,714
Statistical analyst...................................................................... 8,112
Gaming control board:
Principal account clerk............................................................. 9,048
Senior legal stenographer........................................................ 9,078
Confidential secretary.............................................................. 9,283
Student (part time).................................................................... 3,438
46. State planning board:
Manager............................................................................................ $20,019
Deputy manager.............................................................................. 19,087
Chief assistant................................................................................. 10,167
κ1973 Statutes of Nevada, Page 1555 (CHAPTER 749, AB 901)κ
Approximate
Annual Salary
47. State treasurers office:
Deputy state treasurer.................................................................... $13,414
Chief assistant................................................................................. 9,078
48. Taxicab authority:
Taxicab administrator...................................................................... $16,559]
Unclassified Approximate
Grade and Title Annual Salary
1. U-55
Superintendent and medical director, state hospital.............. $32,887
2 U-53
Administrator, mental hygiene division..................................... $30,600
Medical director, Southern Nevada mental health center..... 29,371
3. U-50
State highway engineer................................................................. $28,650
4. U-49
Director, department of health, welfare and rehabilitation... $23,792
Director, department of conservation and natural resources 23,792
Director, department of administration..................................... 25,550
Commissioner, employee-management relations board......... 24,000
Executive assistant, governors office (two positions) each.. 22,477
5. U-48
Administrator, Colorado River commission.............................. $21,500
Chairman, gaming control board............................................... 23,000
Director, department of commerce.............................................. 23,000
Superintendent of public instruction.......................................... 24,750
6. U-47
Director, general services............................................................. $22,395
Executive director, department of agriculture.......................... 22,500
Business manager, highway department.................................... 23,593
Deputy highway engineer (two positions) each....................... 24,952
Warden, state prison...................................................................... 20,000
State planning board manager.................................................... 22,938
Chairman, public service commission........................................ 22,000
Secretary, tax commission............................................................. 22,000
7. U-46
Director, department of motor vehicles...................................... $20,900
Chairman, Nevada industrial commission................................ 20,900
Executive director, employment security department.............. 22,000
8. U-45
Assistant director, department of conservation and natural resources ..... $19,500
Deputy manager, state planning board..................................... 20,854
Member, gaming control board (other than chairman) each 21,500
κ1973 Statutes of Nevada, Page 1556 (CHAPTER 749, AB 901)κ
Unclassified Approximate
Grade and Title Annual Salary
State engineer (water resources)................................................ $20,900
Public service commissioners (other than chairman) each... 20,000
Executive secretary, gaming commission................................... 20,900
Deputy superintendent of public instruction............................ 22,000
Administrator, central data processing..................................... 20,300
Nevada state planning coordinator........................................... 20,854
Public defender............................................................................... 21,000
9. U-44
Nevada industrial commissioners (other than chairman) each ..... $19,000
10. U-43
Assistant secretary, tax commission............................................ $19,680
Director, state department of fish and game.............................. 19,000
Commissioner of insurance........................................................... 20,000
Adjutant general............................................................................. 19,000
Associate superintendent of public instruction........................ 20,000
Executive director, public employees retirement board........ 25,000
Real estate administrator.............................................................. 18,000
Deputy budget administrator....................................................... 18,774
Executive assistant, governors office (one position).............. 17,520
11. U-42
Administrator, land use planning division................................ $17,664
Deputy warden................................................................................ 17,664
Labor commissioner....................................................................... 17,664
State forester firewarden............................................................... 17,664
Deputy state controller.................................................................. 16,500
Administrator, state park system................................................. 18,500
Chief, purchasing division............................................................ 18,200
Manager, computer facility.......................................................... 19,400
Superintendent of the department of state printing................. 19,200
Western states small school coordinator................................... 17,794
Commissioner, savings and loan associations......................... 20,000
Superintendent of banks............................................................... 20,000
Chief assistant budget administrator......................................... 16,700
Chief assistant, department of health, welfare and rehabilitation ..... 19,430
Chief, consumer affairs division................................................... 16,175
12. U-41
Deputy, real estate division ......................................................... $16,175
Deputy director, department of motor vehicles......................... 16,900
Superintendent, youth training center....................................... 18,200
Superintendent, girls training center......................................... 18,200
Superintendent, childrens home (two positions).................... 18,200
Director, commission on crime, delinquency and corrections ..... 18,200
κ1973 Statutes of Nevada, Page 1557 (CHAPTER 749, AB 901)κ
Unclassified Approximate
Grade and Title Annual Salary
Chief parole and probation officer............................................. $18,200
Taxicab administrator................................................................... 18,200
Chairman, manpower planning commission............................. 18,200
13. U-40
Executive secretary, board of finance......................................... $16,200
Secretary, Colorado River commission...................................... 17,664
State comprehensive health planner.......................................... 16,000
General manager, office of state controller............................... 19,000
14. U-39
Staff counsel, public service commission................................... $17,300
Director, state museum.................................................................. 13,700
Administrator, educational communications commission...... 17,703
Special assistant, Las Vegas (governor).................................... 16,200
Press secretary (governor)........................................................... 17,271
Deputy public defender (70 percent).......................................... 12,085
Deputy public defender (½ time)................................................. 7,668
15. U-38
Director, department of economic development....................... $16,200
Secretary, commission on equal rights of citizens.................... 14,900
Executive director, Indian affairs commission.......................... 14,900
Highway safety coordinator......................................................... 16,200
Chief assistant, department of fish and game............................ 15,500
Superintendent, buildings and grounds.................................... 16,200
Chief deputy commissioner, insurance division....................... 16,200
Deputy, consumer affairs division............................................... 14,600
Chief assistant, department of commerce................................... 14,600
16. U-37
Assistant controller........................................................................ $15,800
Director, civil defense and disaster assistance......................... 16,113
District supervisor, water commissioners, division of water resources ..... 16,113
Deputy secretary of state, securities............................................ 14,900
Deputy secretary of state............................................................... 14,900
Deputy state treasurer................................................................... 14,900
Administrator, alcoholism division............................................. 14,638
17. U-36
Administrator, division of soil conservation............................. $13,339
Training coordinator, crime commission................................... 14,638
Administrative assistant, adjutant general................................ 12,252
Executive director, council of arts.............................................. 13,339
Chief assistant, Las Vegas insurance division.......................... 14,700
18. U-35
Administrative assistant, public service commission (two positions) each ..... $14,323
Deputy labor commissioner (Las Vegas)................................... 11,700
Executive secretary, Nevada athletic commission................... 11,700
κ1973 Statutes of Nevada, Page 1558 (CHAPTER 749, AB 901)κ
Unclassified Approximate
Grade and Title Annual Salary
Deputy director, department of economic development (Las Vegas) ..... $11,700
Deputy superintendent, buildings and grounds (two positions) each ..... 14,000
Executive secretary, historical society....................................... 12,732
Deputy, industry, economic development.................................. 14,681
Deputy, tourism, economic development.................................... 14,681
Director, department of economic opportunity........................ 14,500
Executive director, bicentennial commission........................... 13,200
Secretary, parole and probation board..................................... 12,732
19. U-34
Commissioner for veteran affairs................................................. $14,000
Deputy mine inspector................................................................... 13,400
Director, brand inspection division............................................ 13,672
20. U-33
Deputy director, department of economic opportunity........... $12,800
Assistant executive secretary, historical society...................... 9,450
Secretary to governor.................................................................... 10,900
21. U-32
Curator, Lost City museum........................................................... $10,700
Deputy commissioner, veteran affairs (Las Vegas).................. 12,000
Director, Clear Creek.................................................................... 11,083
22. U-31
Chief assistant, state planning board......................................... $11,604
23. U-29
Chief assistant, secretary of state................................................ $9,891
Chief assistant, state treasurers office....................................... 10,000
Chief assistant, labor commissioner........................................... 10,200
Chief assistant, real estate division............................................ 12,900
Chief assistant, mine inspector.................................................... 9,283
Chief assistant, Nevada industrial commission........................ 9,670
Deputy, Nevada industrial commission...................................... 9,670
24. U-27
Chief assistant, employment security department.................... $9,242
Secretary, employment management-relations board............. 9,242
Administrative secretary, governor (six positions) each........ 9,242
Administrative secretary, tax commission.................................. 9,242
Administrative secretary, comprehensive statewide planning ..... 9,242
25. U-20
Attendant, Lost City museum........................................................ $6,923
Approximate
Position Title Annual Salary
26. State Gaming Control Board
(a) Office services division:
Business manager........................................................................... $17,000
Chief, ER and securities................................................................ 21,392
κ1973 Statutes of Nevada, Page 1559 (CHAPTER 749, AB 901)κ
Approximate
Position Title Annual Salary
Deputy, chief ER and securities................................................... $18,558
Senior agent ER and securities.................................................... 16,886
(b) License and tax division:
Chief, tax and licensing................................................................. $16,200
Deputy, chief tax and license........................................................ 15,300
Agent I, tax and license................................................................. 13,600
(c) Investigations division:
Chief, investigations...................................................................... $19,000
Deputy chief, investigations (two positions) each................... 16,113
Coordinator, applicant services.................................................. 16,886
Senior agent, investigations......................................................... 15,336
Agent II, investigations.................................................................. 14,681
Agent I, investigations................................................................... 14,014
(d) Enforcement division:
Chief, enforcement.......................................................................... $19,000
Deputy chief, enforcement (two positions) each....................... 16,200
Senior agent, enforcement............................................................ 15,336
Agent II, enforcement..................................................................... 14,400
Agent I, enforcement....................................................................... 14,014
(e) Audit division:
Chief, audit ..................................................................................... $19,000
Deputy chief, audit......................................................................... 16,200
Senior agent, audit......................................................................... 15,336
Agent II, audit.................................................................................. 14,681
Agent 1, audit.................................................................................. 14,014
27. Attorney general
(a) Central office:
Chief deputy attorney general..................................................... $21,500
Deputy attorneys general (6 in number) each.......................... 17,300
Deputy, criminal division.............................................................. 17,700
Chief investigator........................................................................... 14,400
Administrative assistant................................................................ 14,400
Investigator, criminal division..................................................... 14,400
(b) Deputy attorneys general:
Chief criminal deputy.................................................................... $19,807
Chief counsel, board of regents, University of Nevada........... 20,402
Deputy, Las Vegas.......................................................................... 20,402
Deputy, public service commission of Nevada.......................... 19,000
Deputy, Nevada gaming commission.......................................... 20,402
Deputy, Nevada gaming commission.......................................... 18,015
Deputy, office of director, department of health, welfare and rehabilitation............................................................................ 17,664
Deputy, state department of conservation and natural resources ..... 18,600
Deputy, department of commerce (two positions).................... 17,664
Deputy, department of motor vehicles........................................ 17,664
Deputy, Nevada tax commission.................................................. 17,664
κ1973 Statutes of Nevada, Page 1560 (CHAPTER 749, AB 901)κ
Approximate
Position Title Annual Salary
Deputy, welfare division, department of health, welfare and rehabilitation............................................................................ $20,402
Deputy, welfare division, department of health, welfare and rehabilitation............................................................................ 19,100
Deputy, welfare division, department of health, welfare and rehabilitation (three positions) each................................... 17,664
Deputy, education and water resources..................................... 17,596
(c) Department of highways:
Chief counsel................................................................................... $20,500
Assistant chief counsel................................................................... 18,700
Deputies (two positions) each..................................................... 17,300
Deputies (three positions) each................................................... 17,300
Deputies (three positions) each................................................... 17,300
Legal research assistants (three positions) each..................... 12,107
Sec. 3. This act shall become effective upon passage and approval and shall operate retroactively from January 1, 1973.
________
Assembly Bill No. 32Mr. Lowman, Mrs. Ford, Messrs. Smith, Dreyer, Hayes, McNeel and Huff
CHAPTER 750
AN ACT relating to the Nevada state prison; authorizing the establishment of a work release program; and providing other matters properly relating thereto.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. 1. The state board of parole commissioners, through the chief parole and probation officer and the board of state prison commissioners, through the warden, shall establish and administer a work release program under which a person sentenced to a term of imprisonment in a penal or correctional institution may be granted the privilege of leaving secure custody during necessary and reasonable hours to:
(a) Work in this state at gainful private employment that has been approved by the board of state prison commissioners and the state board of parole commissioners for such purpose.
(b) Obtain in this state additional education, including but not limited to vocational, technical and general education.
2. The work release program may also include, under rules developed by the chief parole and probation officer and the warden and approved by the state board of parole commissioners and the board of state prison commissioners, temporary leave for the purpose of seeking employment in this state.
κ1973 Statutes of Nevada, Page 1561 (CHAPTER 750, AB 32)κ
state prison commissioners, temporary leave for the purpose of seeking employment in this state.
3. The state board of parole commissioners is responsible for the quartering and supervision of prisoners enrolled in the work release program.
Sec. 3. 1. The warden shall, by appropriate means of classification and selection, determine which of the prisoners, during the last 6 months confinement, are suitable for the work release program, excluding those sentenced to life imprisonment who are not eligible for parole and those imprisoned for violations of chapter 201 of NRS who have not been certified by the designated board as eligible for parole.
2. The warden shall then submit to the state board of parole commissioners the names of those prisoners he determines to be eligible for the work release program, and such board shall select from such names the prisoners they consider to be suitable for the program.
3. Before work release privileges are granted to any prisoner so selected, the sentencing court shall be notified of the intent to take such action. If such court does not object within 10 judicial days of such notice, the state board of parole commissioners may proceed to enroll such prisoner in the work release program.
4. In enrolling a prisoner in the work release program, the state board of parole commissioners shall delegate full authority to the chief parole and probation officer to take all necessary action to enforce rules relating to the general procedures and objectives of the program.
Sec. 4. 1. The chief parole and probation officer shall administer the work release program by means of such staff organization and personnel as he considers necessary. In addition to the other duties assigned by the state board of parole commissioners, the chief parole and probation officer, through his staff, shall:
(a) Locate employment for qualified applicants;
(b) Effect placement of prisoners under the work release program; and
(c) Generally promote public understanding and acceptance of the work release program.
2. All state agencies shall cooperate with the state board of parole commissioners in carrying out this section to such extent as is consistent with their other lawful duties.
3. Subject to the approval of the state board of parole commissioners, the chief parole and probation officer, the board of state prison commissioners and the warden shall adopt rules for the administering of the provisions of sections 2 to 9, inclusive, of this act.
Sec. 5. 1. The salaries or wages of a prisoner employed pursuant to sections 2 to 9, inclusive, of this act shall be disbursed in the following order:
(a) To pay the cost of quartering, feeding and clothing the prisoner.
(b) To allow the prisoner necessary travel expense to and from work and other incidental expenses of the prisoner.
(c) To support the prisoners dependents.
(d) To pay, either in full or ratably, the prisoners obligations which have been acknowledged by him in writing or which have been reduced to judgment.
κ1973 Statutes of Nevada, Page 1562 (CHAPTER 750, AB 32)κ
2. Any balance of a prisoners wages remaining after all disbursements have been made pursuant to subsection 1 shall be paid to the prisoner upon his release from custody.
Sec. 6. 1. The state board of parole commissioners through the chief parole and probation officer may contract with the governing bodies of political subdivisions in this state for quartering in suitable local facilities of prisoners enrolled in work release programs. Each such facility must satisfy standards established by the state board of parole commissioners to assure secure custody of prisoners quartered therein.
2. The state board of parole commissioners may not enroll any prisoner in the work release program unless it has been determined that suitable facilities for quartering the prisoner are available in the locality where the prisoner has employment or the offer of employment.
Sec. 7. 1. A prisoner enrolled in the work release program is not an agent, employee or servant of the Nevada state prison or the state board of parole commissioners of this state:
(a) While working in employment under the program, or seeking such employment; or
(b) While going to such employment from the place where he is quartered, or while returning therefrom.
2. A prisoner enrolled in the work release program established under sections 2 to 9, inclusive, of this act, is considered to be a prisoner in the state prison.
Sec. 8. 1. The chief parole and probation officer may immediately terminate any prisoners enrollment in the work release program and transfer him to the Nevada state prison if, in his judgment, the best interests of the state or the prisoner require such action.
2. If a prisoner enrolled in the work release program is absent without a reason acceptable to the state board of parole commissioners from his place of employment or his designated quarters, such absence:
(a) Immediately terminates his enrollment in the work release program.
(b) Constitutes an escape from the Nevada state prison, and such prisoner shall be punished as provided in NRS 212.090.
Sec. 9. 1. There is hereby created in the state treasury the prisoners work release revolving loan fund in the sum of $2,500.
2. The fund shall be used to make loans to prisoners to pay their expenses for food, quarters and clothing while participating in the work release program and provision shall be made for repayment.
3. To the extent that the total cash balance of the fund exceeds $2,500 at the end of each fiscal year the excess cash shall revert to the general fund in the state treasury.
Sec. 10. NRS 209.350 is hereby amended to read as follows:
209.350 1. The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison.
2. The board, except as provided in sections 2 to 9, inclusive, of this act, shall have the exclusive control of the employment of the prisoners and may employ them in such manner as will best serve the interest of the state and the welfare of the prisoners.
κ1973 Statutes of Nevada, Page 1563 (CHAPTER 750, AB 32)κ
this act, shall have the exclusive control of the employment of the prisoners and may employ them in such manner as will best serve the interest of the state and the welfare of the prisoners.
3. The board, except as provided in sections 2 to 9, inclusive, of this act, shall not permit the employment of any prisoner on any other than public work of general advantage to the state, its municipal corporations and political subdivisions. Such work includes, but is not limited to:
(a) Roadwork;
(b) Construction and reconstruction work at the state prison and the prison farm under the supervision of the state planning board;
(c) Work on the prison farm or any state property;
(d) The manufacture of license plates and highway signs;
(e) Work in state parks;
(f) Reforestation of state and federal lands;
(g) Work on fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, and flood relief; and
(h) Work in any industry adopted by the state planning board for the general employment of inmates in whole or in part, if such industry is for the benefit of the state, and not for the benefit of any prisoner.
4. The board may compensate prisoners for labor supplied.
5. On the application of any prisoner whose conduct has been within prison rules and regulations, the warden may permit the prisoner to employ his own time in the manufacture of goods and materials in the prison hobby-craft program. Such goods and materials when fabricated shall be sold by the state on behalf of the prisoner but shall not enter into competition with any free labor or any manufacturers in the State of Nevada.
6. The purpose of this section is to prevent competition of prisoners with free labor and industry in the State of Nevada, except where such labor and industry inures to the direct benefit of the State of Nevada.
Sec. 10.2. NRS 209.350 is hereby amended to read as follows:
209.350 1. The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison.
2. The board, except as provided in sections 2 to 9, inclusive, of this act, shall have the exclusive control of the employment of the prisoners and may employ them in such manner as will best serve the interest of the state and the welfare of the prisoners.
3. The board, except as provided in sections 2 to 9, inclusive, of this act, shall not permit the employment of any prisoner on any other than public work of general advantage to the state, its municipal corporations and political subdivisions. Such work includes, but is not limited to:
(a) Roadwork;
(b) Construction and reconstruction work at the state prison and the prison farm under the supervision of the state public works board;
(c) Work on the prison farm or any state property;
κ1973 Statutes of Nevada, Page 1564 (CHAPTER 750, AB 32)κ
(d) The manufacture of license plates and highway signs;
(e) Work in state parks;
(f) Reforestation of state and federal lands;
(g) Work on fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, and flood relief; and
(h) Work in any industry adopted by the state public works board for the general employment of inmates in whole or in part, if such industry is for the benefit of the state, and not for the benefit of any prisoner.
4. The board may compensate prisoners for labor supplied.
5. On the application of any prisoner whose conduct has been within prison rules and regulations, the warden may permit the prisoner to employ his own time in the manufacture of goods and materials in the prison hobby-craft program. Such goods and materials when fabricated shall be sold by the state on behalf of the prisoner but shall not enter into competition with any free labor or any manufacturers in the State of Nevada.
6. The purpose of this section is to prevent competition of prisoners with free labor and industry in the State of Nevada, except where such labor and industry inures to the direct benefit of the State of Nevada.
Sec. 10.4. NRS 209.350 is hereby amended to read as follows:
209.350 1. The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison.
2. The board, except as provided in sections 2 to 9, inclusive, of this act, shall have the exclusive control of the employment of the prisoners and may employ them in such manner as will best serve the interest of the state and the welfare of the prisoners.
3. The board, except as provided in sections 2 to 9, inclusive, of this act, shall not permit the employment of any prisoner on any other than public work of general advantage to the state, its municipal corporations and political subdivisions. Such work includes, but is not limited to:
(a) Roadwork;
(b) Construction and reconstruction work at the state prison and the prison farm under the supervision of the state planning board;
(c) Work on the prison farm or any state property;
(d) The manufacture of license plates and highway signs;
(e) Work in state parks;
(f) Reforestation of state and federal lands;
(g) Work on fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, and flood relief; and
(h) Work in any industry adopted by the department of general services for the general employment of inmates in whole or in part, if such industry is for the benefit of the state, and not for the benefit of any prisoner.
4. The board may compensate prisoners for labor supplied.
5. On the application of any prisoner whose conduct has been within prison rules and regulations, the warden may permit the prisoner to employ his own time in the manufacture of goods and materials in the prison hobby-craft program.
κ1973 Statutes of Nevada, Page 1565 (CHAPTER 750, AB 32)κ
prison rules and regulations, the warden may permit the prisoner to employ his own time in the manufacture of goods and materials in the prison hobby-craft program. Such goods and materials when fabricated shall be sold by the state on behalf of the prisoner but shall not enter into competition with any free labor or any manufacturers in the State of Nevada.
6. The purpose of this section is to prevent competition of prisoners with free labor and industry in the State of Nevada, except where such labor and industry inures to the direct benefit of the State of Nevada.
Sec. 10.6. NRS 209.350 is hereby amended to read as follows:
209.350 1. The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison.
2. The board, except as provided in sections 2 to 9, inclusive, of this act, shall have the exclusive control of the employment of the prisoners and may employ them in such manner as will best serve the interest of the state and the welfare of the prisoners.
3. The board, except as provided in sections 2 to 9, inclusive, of this act, shall not permit the employment of any prisoner on any other than public work of general advantage to the state, its municipal corporations and political subdivisions. Such work includes, but is not limited to:
(a) Roadwork;
(b) Construction and reconstruction work at the state prison and the prison farm under the supervision of the state public works board;
(c) Work on the prison farm or any state property;
(d) The manufacture of license plates and highway signs;
(e) Work in state parks;
(f) Reforestation of state and federal lands;
(g) Work on fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, and flood relief; and
(h) Work in any industry adopted by the department of general services for the general employment of inmates in whole or in part, if such industry is for the benefit of the state, and not for the benefit of any prisoner.
4. The board may compensate prisoners for labor supplied.
5. On the application of any prisoner whose conduct has been within prison rules and regulations, the warden may permit the prisoner to employ his own time in the manufacture of goods and materials in the prison hobby-craft program. Such goods and materials when fabricated shall be sold by the state on behalf of the prisoner but shall not enter into competition with any free labor or any manufacturers in the State of Nevada.
6. The purpose of this section is to prevent competition of prisoners with free labor and industry in the State of Nevada, except where such labor and industry inures to the direct benefit of the State of Nevada.
Sec. 11. NRS 213.1095 is hereby amended to read as follows:
213.1095 The chief parole and probation officer shall:
κ1973 Statutes of Nevada, Page 1566 (CHAPTER 750, AB 32)κ
1. Be responsible for and supervise the fiscal affairs and responsibilities of the department.
2. Present, in conjunction with the budget division of the department of administration, the biennial budget of the department to the legislature.
3. Establish, consolidate and abolish sections within the department.
4. Establish, consolidate and abolish districts within the state to which assistant parole and probation officers are assigned.
5. Appoint, in accordance with the provisions of chapter 284 of NRS, the necessary supervisory personnel and other assistants and employees as may be necessary for the efficient discharge of the responsibilities of the department.
6. Be responsible for such reports of investigation and supervision and other reports as may be requested by the board or courts.
7. Direct the work of all assistants and employees as may be assigned to him.
8. Formulate methods of investigation, supervision, record keeping and reporting.
9. Develop policies of parole and probation work in the light of other acceptable and recognized correctional programs and conduct training courses for the staff.
10. Furnish or cause to be furnished to each person released under his supervision a written statement of the conditions of parole or probation, instruct or cause to be instructed any parolee or probationer regarding the same, and advise or cause to be advised the board or the court of any violation of the conditions of parole and probation.
11. At the close of each biennium, submit to the governor and the board a report, with statistical and other data, of his work.
12. Perform such other duties as the board may prescribe [.] and as provided in sections 2 to 9, inclusive, of this act.
Sec. 12. There is hereby appropriated from the general fund in the state treasury:
1. To the department of parole and probation, to be used by the chief parole and probation officer for the purposes of sections 2 to 10, inclusive, of this act, for the fiscal years beginning July 1, 1973, and ending June 30, 1974, and beginning July 1, 1974, and ending June 30, 1975, the sums of $19,257 and $18,587 respectively.
2. To the prisoners work release revolving loan fund, the sum of $2,500.
Sec. 13. 1. Section 10 of this act shall become effective only if neither Assembly Bill 601 nor Assembly Bill 242 of the 57th session of the Nevada legislature becomes law.
2. Section 10.2 of this act shall become effective only if Assembly Bill 601 of the 57th session of the Nevada legislature becomes law and Assembly Bill 242 of the 57th session of the Nevada legislature does not become law.
3. Section 10.4 of this act shall become effective only if Assembly Bill 242 of the 57th session of the Nevada legislature becomes law and Assembly Bill 601 of the 57th session of the Nevada legislature does not become law.
κ1973 Statutes of Nevada, Page 1567 (CHAPTER 750, AB 32)κ
4. Section 10.6 of this act shall become effective only if Assembly Bill 242 and Assembly Bill 601 of the 57th session of the Nevada legislature both become law.
Sec. 14. This act shall become effective at 12:04 a.m. on July 1, 1973.
________
Assembly Bill No. 36Committee on Transportation
CHAPTER 751
AN ACT relating to the operation and registration of vehicles by new residents; defining resident; requiring a new resident to register his vehicle within 45 days; requiring a new resident to obtain a Nevada drivers license; providing a penalty; and providing other matters properly relating thereto.
[Approved May 3, 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 the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Border state employee means a person whose legal residence is not in this state and who resides outside of the State of Nevada and who commutes into the State of Nevada solely for the purpose of employment.
Sec. 3. Occupational transient worker means a person whose legal residence is not in this state and who temporarily resides in the State of Nevada for a particular job or project.
Sec. 4. Out-of-state student means a student whose legal residence is not in this state and who comes into Nevada for the purpose of attending an educational institution.
Sec. 5. 1. Resident shall include, but not be limited to, the following:
(a) Any person whose legal residence is in the State of Nevada.
(b) Any person who engages in intrastate business and operates in such business any motor vehicle, trailer or semitrailer; or any person maintaining such vehicles in this state, as the home state of such vehicles.
(c) Any person, except an actual tourist, an out-of-state student, a border state employee, a seasonal resident or an occupational transient worker.
(d) Any person who physically resides in this state and engages in a trade, profession, occupation or accepts gainful employment in this state for other than a temporary or transitory purpose.
(e) Any person who declares himself to be a resident of Nevada for purposes of obtaining privileges not ordinarily extended to nonresidents of this state.
2. The provisions of this section shall not apply to vehicles operated in this state under the provisions of NRS 706.801 to 706.861, inclusive, or NRS 482.385 to 482.395, inclusive.
κ1973 Statutes of Nevada, Page 1568 (CHAPTER 751, AB 36)κ
Sec. 6. NRS 482.010 is hereby amended to read as follows:
482.010 When used in this chapter, the words and terms in NRS 482.013 to 482.135, inclusive, and sections 2 to 5, inclusive, of this act, and sections 2 to 10, inclusive, of [this act,] Assembly Bill No. 94 of the 57th session of the legislature, shall for the purposes of this chapter, have the meanings ascribed to them in NRS 482.013 to 482.135, inclusive, and sections 2 to 5, inclusive, of this act, and sections 2 to 10, inclusive, of [this act,] Assembly Bill No. 94 of the 57th session of the legislature, except in those instances where the context clearly indicates a different meaning.
Sec. 7. NRS 482.385 is hereby amended to read as follows:
482.385 1. Except as otherwise provided in NRS 482.390, a nonresident owner of a vehicle of a type subject to registration under this chapter, owning any vehicle which has been duly registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.
2. Nothing in this section shall be construed:
(a) To prohibit the use of manufacturers or dealers license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this state.
(b) To require registration of vehicles of a type subject to registration under this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.
3. When a person, formerly a nonresident, becomes a resident of this state, [he may continue to operate or permit the operation of any vehicle which he owns and which is validly registered in another jurisdiction, without registration in this state, until the expiration of the registration period of such other jurisdiction during which he became a resident of this state. Immediately upon the expiration of such registration period, the owner shall apply for registration of the vehicle in this state as provided in this chapter.
4. If a vehicle which comes within the provisions of subsection 3 is transferred to a resident of this state, or to a person who uses such vehicle for a gainful purpose in this state, the transferee shall apply immediately for registration of such vehicle as provided in this chapter, and shall not be entitled to the benefits of subsection 3.] he shall, within 45 days after becoming a resident, apply for the registration of any vehicle which he owns and which is operated in this state.
4. A person registering a vehicle pursuant to the provisions of subsections 3 or 5 of this section or pursuant to NRS 482.390 shall be assessed the registration fees and privilege tax, as required by the provisions of chapter 371 and chapter 482 of NRS. He shall be allowed credit on such taxes and fees for the unused months of his previous registration. The fee provided in subsection 10 of NRS 482.480 shall not be prorated.
κ1973 Statutes of Nevada, Page 1569 (CHAPTER 751, AB 36)κ
Those fees that are to be prorated will be prorated based upon Nevada registration fees and privilege taxes and reduced by one-twelfth for each month remaining on the registration period in the state of former residence.
5. If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the department for registration, except as provided in NRS 482.390, 482.395 and NRS 706.801 to 706.861, inclusive.
6. An owner registering a vehicle under the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the department for cancellation.
Sec. 8. NRS 482.395 is hereby amended to read as follows:
482.395 The director is authorized, empowered and directed to enter into agreements and formal compacts with appropriate officials of other states for the purpose of establishing rules and regulations governing registration, conduct and operation of motor vehicles coming within the provisions of NRS 482.385 and 482.390, including mutual agreements leading to the revocation of reciprocity for persistent violators of laws concerning motor vehicle operation and licensing.
Sec. 9. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 13, inclusive, of this act.
Sec. 10. Border state employee means a person whose legal residence is not in this state and who resides outside of the State of Nevada and who commutes into the State of Nevada solely for the purpose of employment.
Sec. 11. Occupational transient worker means a person whose legal residence is not in this state and who temporarily resides in the State of Nevada for a particular job or project.
Sec. 12. Out-of-state student means a student whose legal residence is not in this state and who comes into Nevada for the purpose of attending an educational institution.
Sec. 13. 1. Resident shall include, but not be limited to, the following:
(a) Any person whose legal residence is in the State of Nevada.
(b) Any person who engages in intrastate business and operates in such business any motor vehicle, trailer or semitrailer; or any person maintaining such vehicles in this state, as the home state of such vehicles.
(c) Any person, except an actual tourist, an out-of-state student, a border state employee, a seasonal resident or an occupational transient worker.
(d) Any person who physically resides in this state and engages in a trade, profession, occupation or accepts gainful employment in this state, for other than a temporary or transitory purpose.
(e) Any person who declares himself to be a resident of Nevada for purposes of obtaining privileges not ordinarily extended to nonresidents of this state.
2. The provisions of this section shall not apply to drivers of vehicles operated in this state under the provisions of NRS 706.801 to 706.861, inclusive, or NRS 482.385 to 482.395, inclusive.
Sec. 14. NRS 483.020 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1570 (CHAPTER 751, AB 36)κ
483.020 When used in NRS 483.010 to 483.630, inclusive, and sections 10 to 13, inclusive, of this act, the words and phrases defined in NRS 483.030 to 483.190, inclusive, and sections 10 to 13, inclusive, of this act, have the meanings respectively ascribed to them in such sections.
Sec. 15. NRS 483.245 is hereby amended to read as follows:
483.245 1. [When a person who owns a motor vehicle required to be registered under the provisions of chapter 482 of NRS, and who was formerly a nonresident, becomes a resident, he may continue to use a valid license from another jurisdiction until such time as it becomes necessary for him to register such motor vehicle in this state. At that time he shall be required to obtain a Nevada license as a prerequisite to driving any motor vehicle in the State of Nevada.] When a person becomes a resident of Nevada as defined in chapters 482 and 483 of NRS he must obtain a Nevada drivers license as a prerequisite to driving any motor vehicle in the State of Nevada.
2. Where a person who applies for a license has a valid drivers license from a state which has requirements for issuance of drivers licenses comparable to those of the State of Nevada, the department may [:
(a) Waive the examination for such person and issue a Nevada license which shall expire no later than the license from such other state; or
(b) Issue] issue a Nevada license under the same terms and conditions applicable to a renewal of a license in this state.
3. In carrying out the provisions of this chapter, the director is authorized to enter into reciprocal agreements with appropriate officials of other states concerning the licensing of drivers of motor vehicles.
Sec. 16. NRS 483.140 is hereby repealed.
Sec. 17. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 62Committee on Government Affairs
CHAPTER 752
AN ACT to amend an act entitled An Act incorporating the City of Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 24, 1971, as amended.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1.060 of Article I of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1064, is hereby amended to read as follows:
Section 1.060 Elective offices: Deputies; employees. Elective officers may [appoint] recommend such deputies and employees as they may require, to be appointed by the city manager and subject to the ratification [and approval] of the board of commissioners.
κ1973 Statutes of Nevada, Page 1571 (CHAPTER 752, AB 62)κ
Sec. 2. Section 1.090 of Article I of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1065, is hereby amended to read as follows:
Section 1.090 Appointive offices.
1. The board of commissioners of the city shall appoint the following officers:
(a) City manager.
(b) Five civil service trustees.
2. The city manager shall appoint the following officers, subject to ratification by the board of commissioners:
(a) Director of finance.
(b) Director of public works.
(c) [Director of parks and recreation.
(d)] Fire chief.
[(e)] (d) City clerk.
[(f)] (e) Such other officers as may be necessary.
3. The board of commissioners shall prescribe by ordinance the duties of all appointive officers.
Sec. 2.5. Section 2.010 of Article II of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1066, is hereby amended to read as follows:
Section 2.010 Board of commissioners: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a board of commissioners consisting of four commissioners and a mayor.
2. The mayor and commissioners shall be:
(a) [Registered voters within the city for at least 2 years immediately prior to the year in which the election is held.] Registered voters, for at least 2 years immediately prior to the year in which the election is held, within the territory established by the boundaries of the city on the last day for filing an affidavit of candidacy.
(b) At least 25 years of age.
(c) Citizens of the United States.
3. All commissioners, including the mayor, shall be voted upon by the registered voters of the city at large and shall serve for terms of 4 years.
4. The mayor and commissioners shall receive a salary in an amount fixed by the board of commissioners.
Sec. 3. Section 2.050 of Article II of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1066, is hereby amended to read as follows:
Section 2.050 Meetings: Special.
1. Special meetings may be held on call of the mayor or by two members of the board of commissioners, by giving a minimum of 6 hours notice of such special meeting to each member of the board of commissioners [at his home] prior to the meeting.
2. At a special meeting:
(a) Unless all members of the board of commissioners are present, no business may be transacted except such as has been stated in the call of the meeting.
κ1973 Statutes of Nevada, Page 1572 (CHAPTER 752, AB 62)κ
(b) No ordinance may be passed except an emergency ordinance, or one specified in section 7.030.
Sec. 4. Section 2.230 of Article II of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1071, is hereby amended to read as follows:
Section 2.230 Powers of board of commissioners: Traffic control. The board of commissioners may, by ordinance, regulate:
1. All vehicular, pedestrian and other traffic within the city and provide generally for the public safety on public streets, publicly owned parking lots, parking areas to which the public is invited and public rights-of-way.
2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.
Sec. 5. Article II of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1066, is hereby amended by adding thereto a new section to be designated as section 2.330, which shall immediately follow section 2.320 and shall read as follows:
Section 2.330 Powers of board of commissioners: Municipal services. The board of commissioners may provide by contract or franchise for any of the following municipal services:
1. Ambulance services;
2. Computer services;
3. Fire protection and suppression services;
4. Garbage collection and disposal services;
5. Police protection and watchman services;
6. Search and rescue services;
7. Inspection services;
8. Towing and wrecking services; and
9. Other municipal services deemed by the board of commissioners to be in the public interest.
Sec. 6. Section 3.060 of Article III of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1074, is hereby amended to read as follows:
Section 3.060 City attorney: Qualifications; duties.
1. The city attorney shall be:
(a) A duly licensed member of the State Bar of Nevada.
(b) The legal officer of the city and shall perform such duties as may be designated by ordinance.
(c) At least 25 years of age.
(d) A citizen of the United States.
(e) [A registered voter within the city for at least 2 years immediately prior to the year in which the election is held.] A registered voter, for at least 2 years immediately prior to the year in which the election is held, within the territory established by the boundaries of the city on the last day for filing an affidavit of candidacy.
2. The city attorney shall receive a salary in an amount fixed by the board of commissioners.
3. The city attorney shall not engage in the private practice of law after July 1, 1975.
Sec. 7. Section 4.010 of Article IV of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1076, is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1573 (CHAPTER 752, AB 62)κ
chapter 515, Statutes of Nevada 1971, at page 1076, is hereby amended to read as follows:
Section 4.010 Municipal court.
1. There shall be a municipal court of the city, consisting of two or more departments, to which the provisions of chapters 5 and 266 of NRS, relating to municipal courts, as amended from time to time, shall apply.
2. The board of commissioners shall provide for additional municipal judges. The addition of municipal judges shall be accomplished in a manner so that as nearly as practicable, one-half of the offices of municipal judge shall be elected in an election year which precedes election of the other one-half by two years. It is the intent of this provision that as nearly as practicable, the terms of additional municipal judges shall alternate with those of existing municipal judges.
Sec. 8. Section 4.020 of Article IV of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1076, is hereby amended to read as follows:
Section 4.020 Municipal court: Qualifications of municipal judges; [salary.] salary; term of office; master judge; departments.
1. Each numbered department of the municipal court shall be presided over by a municipal judge, who shall be:
(a) [Over 25 years of age.
(b)] An attorney licensed to practice law in the State of Nevada or a previously elected and presently incumbent judge of the court.
[(c) A registered voter of the city.]
(b) A registered voter, for at least 2 years immediately prior to the year in which the election is held, within the territory established by the boundaries of the city on the last day for filing an affidavit of candidacy.
2. The salary of the municipal judges shall be fixed by the board of commissioners.
3. The municipal judges shall be voted upon by the registered voters of the city at large and shall, except for the provisions of subsection 2 of section 5.010, serve for terms of four years.
4. The municipal judge who holds seniority in years of service in office, either elected or appointed, shall be the master judge. In the event equal seniority is held, the master judge shall be chosen by the board of commissioners. The master judge shall:
(a) Be responsible for municipal court rules and regulations.
(b) Be responsible for setting trial dates and other matters pertaining to the court calendar.
(c) Perform such other tasks as may be required by the board of commissioners.
5. The departments of the municipal court shall be numbered 1 through the appropriate arabic number as approved by the board of commissioners. A municipal judge shall be elected for each department by number.
6. Alternate judges in sufficient numbers shall be appointed yearly by the mayor.
7. The municipal judges shall devote full time to the duties of their office.
Sec. 9. Section 5.010 of Article V of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1077, is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1574 (CHAPTER 752, AB 62)κ
chapter 515, Statutes of Nevada 1971, at page 1077, is hereby amended to read as follows:
Section 5.010 Primary municipal elections.
1. On the Tuesday after the 1st Monday in May 1975, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for mayor and two offices of commissioner.
2. On Tuesday after the 1st Monday in May 1977, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for city attorney, two offices of commissioner and [offices of municipal judge.] municipal judge, department 2. On the same date, there shall be nominated candidates for municipal judge, department 1, who shall be elected for two years.
3. On the Tuesday after the 1st Monday in May 1979, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for mayor, two offices of commissioner and municipal judge, department 1.
4. The candidates for commissioner to be nominated as provided in subsections 1 and 2 shall be voted for and nominated separately. The offices shall be designated on the ballot by numbering them 1, 2, 3 and 4, with candidates for offices 1 and 3 nominated as provided in subsection 1 and candidates for offices 2 and 4 nominated as provided in subsection 2.
[4. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he shall be declared elected and no general election need be held for that office.]
5. All candidates for municipal offices as provided in subsections 1, 2, 3 and 4 shall file an affidavit of candidacy with the city clerk not less than 30 days nor more than 40 days before the primary election. If the last day limited for filing an affidavit of candidacy shall fall on a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, or the President of the United States, then the period so limited shall expire on the succeeding business day at 5 p.m. The filing fee for each office shall be as established by ordinance by the board of commissioners.
Sec. 9.5. Section 5.010 of Article V of the charter of the city of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1077, is hereby amended to read as follows:
Section 5.010 Primary municipal elections.
1. On the Tuesday after the 1st Monday in May 1975, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for mayor and two offices of commissioner.
κ1973 Statutes of Nevada, Page 1575 (CHAPTER 752, AB 62)κ
2. On Tuesday after the 1st Monday in May 1977, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for city attorney, two offices of commissioner and [offices of municipal judge.] municipal judge, department 2. On the same date, there shall be nominated candidates for municipal judge, department 1, who shall be elected for two years.
3. On the Tuesday after the 1st Monday in May 1979, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for mayor, two offices of commissioner and municipal judge, department 1.
[3.] 4. The candidates for commissioner to be nominated as provided in subsections 1 and 2 shall be voted for and nominated separately. The candidates from wards 1 and 3 shall be nominated as provided in subsection 1 and candidates from wards 2 and 4 nominated as provided in subsection 2.
[4. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he shall be declared elected and no general election need be held for that office.] 5. All candidates for municipal offices as provided in subsections 1, 2, 3 and 4 shall file an affidavit of candidacy with the city clerk not less than 30 days nor more than 40 days before the primary election. If the last day limited for filing an affidavit of candidacy shall fall on a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, or the President of the United States, then the period so limited shall expire on the preceding business day at 5 p.m. The filing fee for each office shall be as established by ordinance by the board of commissioners.
Sec. 10. Section 5.100 of Article V of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1078, is hereby amended to read as follows:
Section 5.100 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the board of commissioners.
2. The board of commissioners shall meet [on the first Tuesday] within 10 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the board of commissioners.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election.
κ1973 Statutes of Nevada, Page 1576 (CHAPTER 752, AB 62)κ
person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.
4. If any election should result in a tie, the board of commissioners shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.
Sec. 11. Section 6.010 of Article VI of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1079, is hereby amended to read as follows:
Section 6.010 Local improvement law. The board of commissioners, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; [and]
12. Underground electric and communication facilities [.] ; and
13. Street lights.
Sec. 12. Section 7.030 of Article VII of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1080, is hereby amended to read as follows:
Section 7.030 Borrowing money.
1. Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, except for securities issued under section 6.020, as amended from time to time, applies to all securities so issued.
2. The board of commissioners shall submit any proposal to borrow money, except an [emergency loan] interfund transfer or budget augmentation, 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 from time to time amended.
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.
κ1973 Statutes of Nevada, Page 1577 (CHAPTER 752, AB 62)κ
securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the board of commissioners in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.
Sec. 13. 1. If section 15 of Assembly Bill 253 of the 57th session of the Nevada legislature becomes effective, section 9 of this act shall never become effective and section 9.5 of this act shall become effective at 12:02 a.m. on July 1, 1973.
2. If section 15 of Assembly Bill 253 of the 57th session of the Nevada legislature does not become effective, section 9.5 of this act shall never become effective and section 9 of this act shall become effective at 12:01 a.m. on July 1, 1973.
3. Section 2 of this act shall become effective at 12:02 a.m. on July 1, 1973.
4. All other sections of this act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 66Messrs. Lowman, Vergiels, Mrs. Ford, Messrs. May, Capurro, Smith, Dreyer, Barengo, McNeel, Hayes and Glover
CHAPTER 753
AN ACT relating to the age of majority; changing the age from 21 years of age to 18 for all persons in certain circumstances; and providing other matters properly relating thereto.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 11.250 is hereby amended to read as follows:
11.250 If a person entitled to bring an action other than for the recovery of real property be, at the time the cause of action accrued, either:
1. Within the age of [21] 18 years; or
2. Insane; or
3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life; the time of such disability shall not be a part of the time limited for the commencement of the action.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 62.085 is hereby amended to read as follows:
62.085 1. The judge may appoint an attorney to represent any child [or any adult less than 21 years of age] in any proceeding in which the court has jurisdiction under the provisions of this chapter if it appears that such person is unable to employ counsel.
2. Each attorney appointed under the provisions of this section [shall be] is entitled to the same compensation and expenses from the county as provided in NRS 7.260 for attorneys appointed to represent persons charged with crimes.
κ1973 Statutes of Nevada, Page 1578 (CHAPTER 753, AB 66)κ
Sec. 4. NRS 122.020 is hereby amended to read as follows:
122.020 1. Male persons of the age of 18 years, and female persons of the age of 16 years, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage.
2. Except as provided in subsections 3 and 4, [each male person under the age of 21 years, and] each female person under the age of 18 years, shall, prior to marriage, obtain the consent of [his or] her father.
3. The consent of the mother shall be obtained if the parents are divorced or separated and the mother has custody of the child pursuant to a judicial decree, or in case of the death, incapacity or prolonged absence of the father.
4. The consent of the guardian shall be obtained in case of death or incapacity of both parents.
Sec. 5. NRS 125.320 is hereby amended to read as follows:
125.320 1. When the consent of the father, mother or guardian as required by NRS 122.020 has not been obtained, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.
2. If the consent required by NRS 122.020 is not first obtained, then the marriage contracted without the consent of the father, mother or guardian may be annulled upon application by or on behalf of the [party or parties] female person under such [ages who fail] age who fails to obtain such consent, unless such [male person after reaching the age of 21 years or such] female person after reaching the age of 18 years freely cohabits for any time with the other party to the marriage as husband and wife. Any such annulment proceedings must be brought within 1 year after such [male person reaches the age of 21 years or after such] female person reaches the age of 18 years.
Sec. 6. NRS 129.010 is hereby amended to read as follows:
129.010 [Except as provided in NRS 417.110, all male persons of the age of 21 years and all females] All persons of the age of 18 years [, and] who are under no legal disability, shall be capable of entering into any contract, and shall be, to all intents and purposes, held and considered to be of lawful age.
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. NRS 244.351 is hereby amended to read as follows:
244.351 A person who has attained the age of 16 years and has not attained the age of [21] 18 years may be employed in a retail food store for the sale or disposition of liquor if:
1. He is supervised by a person who is [21] 18 years of age or over and who is an owner or an employee of the business which sells or disposes of the liquor;
2. Such person [21] 18 years of age or over who is supervising such person under [21] 18 is actually present at the time that such person under [21] 18 sells or disposes of the liquor; and
κ1973 Statutes of Nevada, Page 1579 (CHAPTER 753, AB 66)κ
person under [21] 18 is actually present at the time that such person under [21] 18 sells or disposes of the liquor; and
3. The liquor is in a container or receptacle which is corked or sealed.
Sec. 14. NRS 388.440 is hereby amended to read as follows:
388.440 As used in NRS 388.440 to 388.540, inclusive, physically handicapped or mentally retarded minor means a physically or mentally defective or handicapped person under the age of [21] 18 years who is in need of education. Any minor who, by reason of physical or mental impairment, cannot receive the full benefit of ordinary education facilities shall be considered a physically handicapped or mentally retarded person for the purposes of NRS 388.440 to 388.540, inclusive. Minors with vision, hearing, speech, orthopedic, mental and neurological disorders or defects, or with rheumatic or congenital heart disease, or any disabling condition caused by accident, injury or disease, shall be considered as being physically handicapped or mentally retarded.
Sec. 15. NRS 417.110 is hereby amended to read as follows:
417.110 1. Subject to the provisions of subsection 2, the commissioner may act as guardian of the estate of:
(a) Any minor child of any deceased veteran. [As used in this section, minor includes any unmarried female person under 21 years of age.]
(b) Any insane or incompetent veteran.
(c) Any person who is certified by the Veterans Administration as having money due from the Veterans Administration, the payment of which is dependent upon the appointment of a guardian for such person.
2. The commissioner may act as guardian as provided in subsection 1 only if at the time of appointment the estate, exclusive of moneys paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.
3. No fee may be allowed or paid to the commissioner for acting as guardian.
4. To insure his faithful discharge of responsibilities as guardian of the estates of those veterans and dependents for whom he acts, the commissioner shall execute and deliver his official bond in the penal sum of $500,000 with a corporate surety licensed to do business in this state. A separate bond for each estate is not required.
Sec. 16. (Deleted by amendment.)
Sec. 17. (Deleted by amendment.)
Sec. 18. NRS 517.380 is hereby amended to read as follows:
517.380 [1. All minors in this state over the age of 18 years are authorized and empowered to sell and convey by deed such interests as they may have acquired, or may hereafter acquire, in mining claims or mining locations within this state, by virtue of locating the same, or being located therein by others, and such deed shall, if otherwise sufficient in law, be held valid and sufficient to convey such interest fully and completely, and without the right of subsequent revocation, notwithstanding the minority of the grantor, subject, however, to the same provisions and limitations as those contained in subsection 2.
2.] In all cases in this state since July 1, 1867, where minors over the age of 18 years have sold interests acquired by them in mining claims or locations within this state, by virtue of their having located such claims, or having been located therein by others, and have executed deeds purporting to convey such interests, such deeds, if otherwise sufficient in law, shall be held valid and sufficient to convey such interest fully and completely, notwithstanding the minority of the grantor, and without any power or right of subsequent revocation.
κ1973 Statutes of Nevada, Page 1580 (CHAPTER 753, AB 66)κ
the age of 18 years have sold interests acquired by them in mining claims or locations within this state, by virtue of their having located such claims, or having been located therein by others, and have executed deeds purporting to convey such interests, such deeds, if otherwise sufficient in law, shall be held valid and sufficient to convey such interest fully and completely, notwithstanding the minority of the grantor, and without any power or right of subsequent revocation. This [subsection shall] section does not apply to cases where any fraud was practiced upon such minor, or any undue or improper advantage was taken by his purchaser or any other person to induce such minor to execute such deed.
Sec. 19. NRS 616.082 is hereby amended to read as follows:
616.082 Any person less than [21] 18 years of age who is subject to the jurisdiction of the juvenile division of the district court and who has been ordered by the court to do work, and while engaged in such work and while so acting in pursuance of the courts order, shall be deemed, for the purpose of this chapter, an employee of the county at a wage of $50 per month, and shall be entitled to the benefits of this chapter, upon compliance by the county.
Sec. 20. NRS 646.060 is hereby amended to read as follows:
646.060 Every pawnbroker, and every clerk, agent or employee of a pawnbroker, [shall be] is guilty of a misdemeanor, who shall:
1. Fail to make an entry of any material matter in his book or record kept as provided for in NRS 646.020.
2. Make any false entry in his book or record kept as provided for in NRS 646.020.
3. Falsify, obliterate, destroy or remove from his place of business the book or record kept as provided for in NRS 646.020.
4. Refuse to allow the district attorney or any peace officer to inspect the book or record kept as provided for in NRS 646.020, or any goods in his possession, during the ordinary hours of business.
5. Report any material matter falsely to the sheriff or to the chief of police.
6. Fail to report forthwith to the sheriff or to the chief of police the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when, and the name of the person from whom the same was received by him.
7. Remove, or allow to be removed from his place of business, except upon redemption by the owner thereof, any property received, within 4 days after the receipt thereof shall have been reported to the sheriff or to the chief of police.
8. Receive any property from any person under the age of [21] 18 years, any common drunkard, any habitual user of [narcotic drugs,] controlled substances, as defined in chapter 453 of NRS, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or any known associate of such thief or receiver of stolen property, whether such person be acting in his own behalf or as the agent of another.
9. Violate any of the provisions of NRS 646.050.
Sec. 21. NRS 647.140 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 1581 (CHAPTER 753, AB 66)κ
647.140 Every secondhand dealer and every clerk, agent or employee of a secondhand dealer [shall be] is guilty of a misdemeanor, who shall:
1. Fail to make an entry of any material matter in his book or record kept as provided for in NRS 647.110.
2. Make any false entry in his book or record kept as provided for in NRS 647.110.
3. Falsify, obliterate, destroy or remove from his place of business the book or record kept as provided for in NRS 647.110.
4. Refuse to allow the district attorney or any peace officer to inspect the book or record kept as provided for in NRS 647.110, or any goods in his possession, during the ordinary hours of business.
5. Report any material matter falsely to the sheriff or to the chief of police.
6. Fail to report forthwith to the sheriff or to the chief of police the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when, and the name of the person from whom, the same was received by him.
7. Remove, or allow to be removed, from his place of business any property received, within 4 days after the receipt thereof shall have been reported to the sheriff or to the chief of police.
8. Receive any property from any person under the age of [21] 18 years, any common drunkard, any habitual user of [narcotic drugs,] controlled substances, as defined in chapter 453 of NRS, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or any known associate of such thief or receiver of stolen property, whether such person be acting in his own behalf or as the agent of another.
Sec. 22. NRS 687B.070 is hereby amended to read as follows:
687B.070 1. Any person of competent legal capacity may contract for insurance.
2. Any minor not less than 16 years of age may, notwithstanding his minority, contract for or own annuities or insurance, or affirm by novation or otherwise preexisting contracts for annuities or insurance, upon his own life, body, health, property, liabilities or other interests, or on the person of another in whom the minor has an insurable interest. Notwithstanding such minority such a minor shall be deemed competent to exercise all rights and powers with respect to or under:
(a) Any annuity or insurance contract upon his own life, body or health; or
(b) Any contract which such minor effected upon his own property, liabilities or other interests; or
(c) Any contract effected or owned by the minor on the person of another, as might be exercised by a person of full legal age.
Such a minor may at any time surrender his interest in any such contracts and give valid discharge for any benefit accruing or money payable thereunder. Such a minor shall not, by reason of his minority, be entitled to rescind, avoid or repudiate the contract, or to rescind, avoid or repudiate any exercise of a right or privilege thereunder, except that such a minor, not otherwise emancipated, shall not be bound by any unperformed agreement to pay, by promissory note or otherwise, any premium on any such annuity or insurance contract.
κ1973 Statutes of Nevada, Page 1582 (CHAPTER 753, AB 66)κ
unperformed agreement to pay, by promissory note or otherwise, any premium on any such annuity or insurance contract.
3. All insurance contracts made by a minor under the age of 16 years shall be made only with the written consent of a parent or guardian, and the exercise of all contractual rights under such contracts, or the surrender thereof, or the giving of a valid discharge for any benefit accruing or money payable thereunder shall have the written consent of a parent or guardian if made or given while such minor is under the age of 16 years.
4. All such contracts made by a minor [not of the age of 21 years] which may result in any personal liability for assessment shall have the written assumption of any such liability by a parent or guardian in consideration of the issuance of the contract. Such assumption shall be in a form approved by the commissioner, reasonably designed to inform the parent or guardian of the liability thus assumed. Such assumption of liability may be made a part of and included with any written consent of such parent or guardian required under the provisions of this section, and it may be provided therein that such assumption shall cover only up to the anniversary date of the policy nearest the insureds birthday upon which he attains the age of [21] 18 years.
5. Any annuity contract or policy of life or health insurance procured by or for a minor under subsections 2 or 3, shall be made payable either to the minor or his estate or to a person having an insurable interest in the life of the minor.
Sec. 23. NRS 695A.150 is hereby amended to read as follows:
695A.150 1. A society may admit to benefit membership any person not less than 14 1/2 years of age who has furnished evidence of insurability acceptable to the society.
2. Any such member who applies for additional benefits more than 6 months after becoming a benefit member shall furnish additional evidence of insurability acceptable to the society, unless such additional benefits are issued pursuant to an existing contract under the terms of which such member is entitled to purchase such additional benefits without furnishing evidence of insurability.
3. Any person admitted prior to attaining the age of [21] 18 years shall be bound by the terms of the application and certificate and by all the laws and rules of the society and shall be entitled to all the rights and privileges of membership therein to the same extent as though the age of majority had been attained at the time of application.
4. A society may also admit general or social members, who shall have no voice or vote in the management of its insurance affairs.
Sec. 24. NRS 695A.190 is hereby amended to read as follows:
695A.190 1. A society may provide for benefits on the lives of children under the minimum age for adult membership but not more than [21] 18 years of age at the time of application therefor, upon the application of some adult person, as its laws or rules may provide. Such benefits shall be in accordance with the provisions of subsection 1 of NRS 695A.180. A society may, at its option, organize and operate branches for such children. Membership and initiation in local lodges shall not be required of such children, nor shall they have a voice in the management of the society.
κ1973 Statutes of Nevada, Page 1583 (CHAPTER 753, AB 66)κ
required of such children, nor shall they have a voice in the management of the society.
2. A society shall have power to provide for the designation and changing of designation of beneficiaries in the certificates providing for such benefits and to provide in all other respects for the regulation, government and control of such certificates and all rights, obligations and liabilities incident thereto and connected therewith.
Sec. 25. NRS 62.060 and 687B.230 are hereby repealed.
________
Assembly Bill No. 97Committee on Transportation
CHAPTER 754
AN ACT creating a section within the registration division of the department of motor vehicles known as the vehicle compliance and enforcement section; increasing the jurisdiction of field dealer inspectors to include further statutory liens; increasing the jurisdiction of field dealer inspectors to include additional vehicles; and providing other matters properly relating thereto.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court;
2. Sheriffs of counties and of metropolitan police departments and their deputies;
3. Constables;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department;
12. The state fire marshal and his deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
κ1973 Statutes of Nevada, Page 1584 (CHAPTER 754, AB 97)κ
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy warden, correctional officers and other employees of the Nevada state prison when carrying out any duties prescribed by the warden of the Nevada state prison;
16. Nevada state park system employees designated by the administrator of the Nevada state park system in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;
17. Security officers employed by the board of trustees of any school district;
18. The executive, supervisory and investigative personnel of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140;
19. The director, division chiefs, investigators, agents and other sworn personnel of the department of law enforcement assistance;
20. Field dealer inspectors of the vehicle compliance and enforcement section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048; and
21. The personnel of the Nevada department of fish and game when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS.
Sec. 2. NRS 481.048 is hereby amended to read as follows:
481.048 1. There is hereby created, within the registration division of the department, a section known as the vehicle compliance and enforcement section.
2. The director shall appoint within the limits of legislative appropriations, pursuant to the provisions of chapter 284 of NRS, field dealer inspectors in the vehicle compliance and enforcement section of the registration division of the department.
[2.] 3. The duties of field dealer inspectors shall be to travel the state and:
(a) Act as field agents and inspectors in the enforcement of the provisions [of chapter 482 of NRS as they pertain to dealers,] of chapters 482, 487 and 489 of NRS, NRS 108.267 to 108.360, inclusive, and NRS 108.440 to 108.530, inclusive, as such sections pertain to motor vehicles, trailers [and motorcycles, and chapters 487 and 489 of NRS.] , motorcycles, mobile homes, recreational vehicles and semitrailers, as defined in chapter 482 of NRS and section 3 of this act.
(b) Act as advisor to dealers in connection with any problems arising under the provisions of such chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.
(d) Perform such other duties as may be imposed by the director.
[3.] 4. Field dealer inspectors have the powers of peace officers in carrying out their duties under this section but are not entitled to retire at the ages and under the circumstances provided in NRS 286.510.
Sec. 2.5. NRS 481.048 is hereby amended to read as follows:
481.048 1. There is hereby created, within the registration division of the department, a section known as the vehicle compliance and enforcement section.
κ1973 Statutes of Nevada, Page 1585 (CHAPTER 754, AB 97)κ
of the department, a section known as the vehicle compliance and enforcement section.
2. The director shall appoint within the limits of legislative appropriations, pursuant to the provisions of chapter 284 of NRS, field dealer inspectors in the vehicle compliance and enforcement section of the registration division of the department.
[2.] 3. The duties of field dealer inspectors shall be to travel the state and:
(a) Act as field agents and inspectors in the enforcement of the provisions [of chapter 482 of NRS as they pertain to dealers,] of chapters 482, 487 and 489 of NRS, NRS 108.267 to 108.360, inclusive, and NRS 108.440 to 108.530, inclusive, as such sections pertain to motor vehicles, trailers [and motorcycles, and chapter 487 of NRS.] , motorcycles, mobile homes, recreational vehicles and semitrailers, as defined in chapter 482 of NRS and section 3 of this act.
(b) Act as advisor to dealers in connection with any problems arising under the provisions of such chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.
(d) Perform such other duties as may be imposed by the director.
[3.] 4. Field dealer inspectors have the powers of peace officers in carrying out their duties under this section but are not entitled to retire at the ages and under the circumstances provided in NRS 286.510.
Sec. 3. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Recreational vehicle means a vehicular-type unit primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled, mounted upon, or drawn by, a motor vehicle.
Sec. 4. 1. Section 2 of this act shall not become effective if Assembly Bill 944 of the 57th session of the Nevada legislature becomes law.
2. Section 2.5 of this act shall not become effective if Assembly Bill 944 of the 57th session of the Nevada legislature does not become law.
Sec. 5. This act shall become effective at 12:02 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 1586κ
Assembly Bill No. 130Messrs. Dreyer, Smith, Craddock, May and Getto
CHAPTER 755
AN ACT relating to change of boundaries of municipal governments; extending a moratorium on such change in Clark County; prohibiting solicitation of annexation proceedings; and providing other matters properly relating thereto.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being chapter 613, Statutes of Nevada 1971, at page 1387, is hereby amended to read as follows:
Section 4. 1. Except as otherwise provided in subsection 2, in order to avoid further complication and confusion, no [further] incorporation of cities [, annexation of unincorporated areas or consolidation of functions between local governments] in Clark County shall take place prior to the final adjournment of the [57th] 58th session of the Nevada legislature except by special act of the legislature. [or, in the case of action by two or more local governments, by unanimous consent of all such local governments involved.]
2. Nothing in this section shall prevent any property which is contiguous to the boundaries of any incorporated city in Clark County from being annexed to such cities as provided in NRS 268.570 to 268.608, inclusive, upon petition of [100] at least 51 percent of the owners of such property.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No city in 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 in any manner solicit the commencement of proceedings, or the circulation of any petition for the annexation of any property to such city.
2. Annexation proceedings conducted pursuant to any solicitation prohibited by subsection 1 are void.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 1587κ
Assembly Bill No. 141Mesdames Ford and Gojack
CHAPTER 756
AN ACT relating to the protection of flora; limiting the circumstances of permissible removal; and providing other matters properly relating thereto.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 527.050 is hereby amended to read as follows:
527.050 1. It is unlawful for any person, firm, company or corporation, his, its or their agent or agents, willfully or negligently:
(a) [to] To cut, destroy, mutilate, pick or remove any tree, shrub, plant, fern, wild flower, cacti, desert or montane flora, or any seeds, roots or bulbs of either or any of the foregoing from [any of the lands owned by or under the control of the State of Nevada or the United States, or from] any private lands, without a written permit therefor from the owner or occupant [of any private land,] or his duly authorized agent. [, or from the federal or state agency which controls or regulates any public land.]
(b) To cut, destroy, mutilate, pick or remove any flora on any state lands under the jurisdiction of the state park system except in accordance with regulations of the division of state parks of the department of conservation and natural resources.
(c) To cut, destroy, mutilate, pick or remove any flora declared endangered by the state forester firewarden from any lands, other than state park lands provided for in paragraph (b), owned by or under the control of the State of Nevada or the United States without a written permit therefor from the state forester firewarden or his designate. For the purposes of this subsection, the state forester firewarden may establish regulations for enforcement, including the issuance of collecting permits and the designation of state and federal agencies from which such permits may be obtained.
2. Every person violating the provisions of this section shall be guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the plants, flowers, trees, seeds, roots or bulbs cut, destroyed, mutilated, picked or removed, and in no event less than a misdemeanor, punishable by a fine of not less than $10.
3. The state forester firewarden and his representatives, public officials charged with the administration of reserved and unreserved lands belonging to the United States, and peace officers shall enforce the provisions of this section.
4. [The] Except as to flora declared endangered by the state forester firewarden pursuant to NRS 527.270 or as to flora on state park lands regulated by the division of state parks, the provisions of this section shall not apply [:
(a) To persons picking cacti or other desert flora for the use and adornment of homes and gardens within the State of Nevada.
(b) To institutions of learning of this state or of the United States, or research activity conducted for purely scientific purposes or in the advancement of agriculture, botany or any of the sciences.
κ1973 Statutes of Nevada, Page 1588 (CHAPTER 756, AB 141)κ
or research activity conducted for purely scientific purposes or in the advancement of agriculture, botany or any of the sciences.
(c) To] to Indians, native to Nevada, who gather any such article for food or medicinal use [or for sale] for themselves [and not as employees of] or for any other person [, except as to private lands.] being treated by Indian religious ceremony.
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Assembly Bill No. 196Committee on Judiciary
CHAPTER 757
AN ACT relating to adoption; removing inconsistencies in placement procedure; clarifying the administrative power of the welfare division of the department of health, welfare and rehabilitation; enlarging the power of the judiciary; providing a penalty; and providing other matters properly relating thereto.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The agency to which a child has been ordered or relinquished for adoption shall be responsible for the care of the child, and shall be entitled to the custody and control of the child at all times until a petition for adoption has been granted. Any placement for adoption made by the agency may be terminated by the mutual consent of the prospective adoptive parents and the agency, or by order of the district court for removal from the home upon the application of the agency when in the opinion of the agency the placement for adoption is detrimental to the interest of the child. In the event of the termination of any placement for temporary care or for adoption, the child shall be returned promptly to the physical custody of the agency.
Sec. 2. NRS 127.053 is hereby amended to read as follows:
127.053 No consent to a specific adoption executed in this state, or executed outside this state for use in this state, shall be valid unless it:
1. Is in writing and signed by the person or persons consenting as required in this chapter.
2. Is acknowledged by the person or persons consenting and signing the same in the manner and form as required for conveyances of real property by NRS 111.240 to 111.305, inclusive.
3. Contains, at the time of execution, the name or names of the person or persons to whom consent to adopt the child is given.
4. Is attested by at least two competent, disinterested witnesses who subscribe their names to the consent in the presence of the person or persons consenting.
Sec. 3. NRS 127.057 is hereby amended to read as follows:
127.057 1. Any person to whom a consent to adoption executed in this state or executed outside this state for use in this state is delivered shall, within 48 hours after receipt of such executed consent to adoption, furnish a true copy thereof to the welfare division of the department of health, welfare and rehabilitation, together with a report of the permanent address of the person or persons in whose favor such consent was executed.
κ1973 Statutes of Nevada, Page 1589 (CHAPTER 757, AB 196)κ
shall, within 48 hours after receipt of such executed consent to adoption, furnish a true copy thereof to the welfare division of the department of health, welfare and rehabilitation, together with a report of the permanent address of the person or persons in whose favor such consent was executed.
2. 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.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 4. NRS 127.280 is hereby amended to read as follows:
127.280 1. [Except where a child and one of the prospective adopting parents are related within the third degree of consanguinity, no] No child shall be placed in the home of prospective [adopting] adoptive parents for the 30-day residence in such home required by NRS 127.110 prior to the filing of a petition for adoption, except where a child and one of the prospective adoptive parents are related within the third degree of consanguinity, unless the welfare division of the department of health, welfare and rehabilitation, hereinafter in this section referred to as the welfare division, first receives written notice of the proposed placement from:
(a) The prospective [adopting] adoptive parents of the child; or
(b) The person recommending such placement; or
(c) A licensed child-placing agency,
and until the investigation required by the provisions of this section has been completed.
2. If such placement is to be made by a licensed child-placing agency, the welfare division shall make no investigation and shall retain the written notice for informational purposes only.
3. If such placement is recommended by a person other than a licensed child-placing agency, the welfare division shall, within 60 days after receipt of the written notice, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective [adopting] adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation shall also embrace any other relevant factor relating to the qualifications of the prospective [adopting] adoptive parents, but shall not be a substitute for the investigation required to be conducted by the welfare division on behalf of the court under NRS 127.120 when a petition for adoption is pending.
4. Pending completion of the required investigation, the child shall be retained by the natural parent or parents or shall be relinquished to the welfare division and placed by the welfare division in a foster home licensed by it until a determination is made by the welfare division concerning the suitability of the prospective [adopting] adoptive parents.
5. Upon completion of the investigation, the welfare division shall forthwith inform the person recommending such placement and the prospective [adopting] adoptive parents of the welfare divisions decision to approve or deny the placement. If, in the opinion of the welfare division, the prospective adoptive home is:
κ1973 Statutes of Nevada, Page 1590 (CHAPTER 757, AB 196)κ
(a) Suitable, the child shall be relinquished to the welfare division, if not relinquished pursuant to the provisions of subsection 4, for placement and adoption in the home of the prospective [adopting] adoptive parents.
(b) Unsuitable or detrimental to the interest of the child, the welfare division shall file an application in the district court for an order prohibiting such placement. If the court determines that the placement should be prohibited, the court may in its discretion order the return of the child to the care and control of his natural parent or parents, but if the parental rights of such parent or parents have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent or parents do not wish to accept the child, then the court may order the placement of the child with the welfare division or with any licensed child-placement agency for adoption.
6. Whenever the welfare division believes that anyone has violated or is about to violate any of the provisions of chapter 127 of NRS, in addition to and notwithstanding any other penalty or remedy provided for the violation of any provision of chapter 127 of NRS:
(a) The welfare division may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of chapter 127 of NRS, or to compel compliance with the provisions of chapter 127 of NRS; and
(b) The court, thereupon, shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of chapter 127 of NRS:
(1) Prohibit such placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months prior to the filing of the welfare divisions petition, and proceed pursuant to the discretionary placement power of subsection 5; or
(2) Proceed pursuant to the discretionary placement power of subsection 5 in all other cases if the court determines that it is in the best interest of the child that the child should be removed.
7. Whenever the welfare division believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and when the written notice required by subsection 1 has not been received, and the welfare division does not proceed pursuant to subsection 6, the welfare division shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective [adopting] adoptive parents shall be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within such time a foster home license shall thereafter be issued by the welfare division if the home meets established standards. If, in the opinion of the welfare division, the placement is detrimental to the interest of the child, the welfare division shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to the [provisions] discretionary placement power of subsection 5.
8. Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of the placement provisions of this section is guilty of a gross misdemeanor.
κ1973 Statutes of Nevada, Page 1591 (CHAPTER 757, AB 196)κ
Sec. 5. NRS 424.070 is hereby amended to read as follows:
424.070 No person other than the parents or guardian of a child and no agency or institution in this state or from [any other] outside this state may place any child in the control or care of any person [, or place such child for adoption,] without sending notice of the pending placement and receiving approval of the placement from the welfare division of the department of health, welfare and rehabilitation. No such person, parent, guardian, agency or institution may place such child for adoption except as provided in chapter 127 of NRS.
________
Assembly Bill No. 202Mr. Getto
CHAPTER 758
AN ACT relating to real estate licenses; amending provisions concerning education and experience requirements; and providing other matters properly relating thereto.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.343 is hereby amended to read as follows:
645.343 1. On and after July 1, 1960, in addition to the other requirements contained in this chapter, an applicant for an original real estate brokers, broker-salesmans or salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed [, within 1 year prior to the date of his application for a brokers license,] a course of instruction in real estate principles, practices, procedures and ethics, which course may be an extension or correspondence course offered by the University of Nevada System, or any other accredited college or university, or by any other college or school approved as provided in NRS 645.345.
2. An applicant for an original real estate brokers license may substitute, in lieu of the educational requirement, proof satisfactory to the real estate division that he was continuously licensed as a real estate salesman in this state or as a real estate broker or salesman in another state or district for at least [1 year] 2 years within the [3] 4 years immediately prior to the date of his application, and continuously during such time was actively engaged in the business of real estate salesman or broker.
Sec. 2. NRS 645.343 is hereby amended to read as follows:
645.343 1. In addition to the other requirements contained in this chapter, an applicant for an original real estate brokers, broker-salesmans or salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed [, within 1 year prior to the date of his application for a brokers license,] a course of instruction in real estate principles, practices, procedures and ethics, which course may be an extension or correspondence course offered by the University of Nevada System, or any other accredited college or university, or by any other college or school approved as provided in NRS 645.345.
κ1973 Statutes of Nevada, Page 1592 (CHAPTER 758, AB 202)κ
University of Nevada System, or any other accredited college or university, or by any other college or school approved as provided in NRS 645.345.
2. Prior to July 1, 1974, an applicant for an original real estate brokers license may substitute, in lieu of the educational requirement, proof satisfactory to the real estate division that he was continuously licensed as a real estate salesman in this state or as a real estate broker or salesman in another state or district for at least [1 year] 2 years within the [3] 4 years immediately prior to the date of his application, and continuously during such time was actively engaged in the business of real estate salesman or broker.
3. On and after July 1, 1974, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfully completed:
(a) A college level course of three semester units or an equivalent number of quarter units in real estate law and another course of equal length in the principles of real estate; and
(b) Two years of full-time active experience as a real estate salesman licensed under the provisions of this chapter.
4. On and after January 1, 1976, in addition to the other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfully completed nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics.
5. On and after January 1, 1978, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfully completed nine semester units or the equivalent in quarter units of college level courses in real estate, business or economics.
6. On and after January 1, 1982, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfully completed 45 semester units or the equivalent in quarter units of college level courses.
7. On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has completed 64 semester units or the equivalent in quarter units of college level courses in real estate, business and economics.
8. On and after January 1, 1978, for the purposes of this section, each person holding a valid real estate salesmans license under the provisions of this chapter shall receive credit for the equivalent of 16 semester units of college level courses for each two years of active experience he has as a licensed real estate salesman.
9. The educational requirements of this section may be waived partially or completely by the commission if the applicant for an original real estate brokers license furnishes proof satisfactory to the commission that he resides in a rural county where educational resources are not available and where excess travel would work a hardship on the applicant in meeting such requirements.
κ1973 Statutes of Nevada, Page 1593 (CHAPTER 758, AB 202)κ
available and where excess travel would work a hardship on the applicant in meeting such requirements.
Sec. 3. 1. Section 1 of this act shall not become effective if section 1 of Senate Bill No. 444 of the 57th session of the Nevada legislature becomes law.
2. Section 2 of this act shall not become effective if section 1 of Senate Bill 444 of the 57th session of the Nevada legislature does not become law.
Sec. 4. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 234Messrs. Dreyer, Dini, May, Banner, Schofield, Prince, Robinson, Demers, Bennett, Ullom, Craddock, Smalley, Mrs. Brookman, Messrs. Mello, Barengo, Ashworth, Hickey, Wittenberg, Vergiels and Bremner
CHAPTER 759
AN ACT relating to crimes and punishments; doubling the penalty for the use of a firearm or other deadly weapon in the commission of a crime; and providing other matters properly relating thereto.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 193 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who uses a firearm or other deadly weapon in the commission of a crime shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for such crime. The sentence prescribed by this section shall run consecutively with the sentence prescribed by statute for such crime.
2. The provisions of this section shall not apply where the use of a firearm or other deadly weapon is a necessary element of such crime.
________
Assembly Bill No. 240Mr. Torvinen
CHAPTER 760
AN ACT authorizing and directing the state land register to convey by quitclaim deed certain real property situated in Washoe County, Nevada, to the City of Reno.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 232.158 or any other law of the State of Nevada, the state land register on behalf of the board of state prison commissioners and the State of Nevada is hereby authorized and directed to convey, by quitclaim deed, to the City of Reno, for park and recreation purposes and subject to a reversionary right in the State of Nevada upon the use of the parcel for any purposes other than parks and recreation, all of the right, title and interest of the State of Nevada in and to that certain parcel of land situated in the County of Washoe, State of Nevada, and more particularly described as follows:
κ1973 Statutes of Nevada, Page 1594 (CHAPTER 760, AB 240)κ
board of state prison commissioners and the State of Nevada is hereby authorized and directed to convey, by quitclaim deed, to the City of Reno, for park and recreation purposes and subject to a reversionary right in the State of Nevada upon the use of the parcel for any purposes other than parks and recreation, all of the right, title and interest of the State of Nevada in and to that certain parcel of land situated in the County of Washoe, State of Nevada, and more particularly described as follows:
Beginning at the northwest corner of section 7, T. 19 N., R. 20 E., M.D.B. & M., thence S 0°36′02″ W 695.39 feet along the west line of said section 7 to a point on the southerly line of the Southern Pacific Railroad right-of-way being the true point of beginning, thence N 80° 00′32″ E 316.02 feet along said southerly railroad right-of-way line to a point on the westerly right-of-way line of the North-South freeway U.S. 395, thence S 29°11′16″ E 605.67 feet along said U.S. 395 right-of-way line to a point on the northerly right-of-way line of Kietzke Lane, thence southwesterly along said northerly right-of-way line of Kietzke Lane along a tangent curve to the left with a central angle of 15°06′27″ having a radius of 1250 feet with a length of curve of 329.59 feet to a point on a line on the northerly bank of the Truckee River, thence S 86°06′02″ W 343.62 feet on said line along the northerly bank of the Truckee River to a point on the west line of said section 7, thence N 0°36′02″ E 683.35 feet along said west line of section 7 to the true point of beginning, such parcel containing 7.476 acres more or less.
________
Assembly Bill No. 272Committee on Ways and Means
CHAPTER 761
AN ACT relating to the Nevada highway patrol; deleting the limitation on the number of highway patrolmen; and providing other matters properly relating thereto.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.140 is hereby amended to read as follows:
481.140 The Nevada highway patrol shall be composed of the following personnel appointed by the director of the department of motor vehicles:
1. One chief.
2. [Two inspectors.
3. Seventy-eight patrolmen.
4.] Such number of inspectors and patrolmen as the director determines necessary to perform the duties set forth in NRS 481.180, employed under the provisions of chapter 284 of NRS and within the limits of legislative appropriations therefor.
3. Such additional support personnel as may be necessary, employed under the provisions of chapter 284 of NRS and within the limits of legislative appropriations therefor.
κ1973 Statutes of Nevada, Page 1595 (CHAPTER 761, AB 272)κ
under the provisions of chapter 284 of NRS and within the limits of legislative appropriations therefor.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 339Mr. Banner
CHAPTER 762
AN ACT relating to the Nevada industrial commission; providing that chapter 616 of NRS shall not bar treatment by spiritual means; authorizing the establishment of panels of physicians for treatment of injured employees; clarifying procedures; providing for judicial review; and providing other matters properly relating thereto.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. No provision of this chapter shall prevent an employee from providing for treatment for his injuries or disease through prayer or other spiritual means in accordance with the tenets and practices of a recognized church, which treatment is recognized in this state in lieu of medical treatment.
Sec. 3. 1. The commission may appoint physicians who have demonstrated special competence and interest in industrial health to treat injured employees under this chapter. Physicians so appointed shall be known as a panel of physicians, and every employer shall maintain a list of those panel physicians who are reasonably accessible to his employees.
2. An injured employee may choose his treating physician from the panel of physicians. If the injured employee is not satisfied with the first physician he so chooses, he may make an alternative choice of physician from the panel, subject to the approval of the commission.
3. Except when emergency medical care is required, the commission is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician or other person selected by the employee in disregard of the provisions of this section or for any compensation for any aggravation of the employees injury attributable to improper treatment by such physician or other person.
4. The commission may, from time to time, order necessary changes in a panel of physicians, and may suspend or remove any physician from a panel of physicians, and may suspend or remove any physician from a panel of physicians under such rules and regulations as it may adopt in order to carry out this section.
Sec. 4. 1. The governor shall appoint an appeals officer to conduct hearings in contested claims for compensation under this chapter and chapter 617 of NRS. Such appeals officer shall serve at the pleasure of the governor and shall receive an annual salary of not more than $20,000, depending upon education, training and experience, to be paid from the state insurance fund.
κ1973 Statutes of Nevada, Page 1596 (CHAPTER 762, AB 339)κ
depending upon education, training and experience, to be paid from the state insurance fund.
2. Such appeals officer shall be familiar with the provisions of this chapter and chapter 617 of NRS and have experience in adjudication of workmens compensation claims or cases.
3. The decision of the appeals officer shall constitute a final decision under the Nevada Administrative Procedure Act and the whole record for the purposes of judicial review under such act shall be made up of all evidence taken at the hearing, before the appeals officer, and any findings of fact and conclusions of law based thereon.
Sec. 5. The Nevada Administrative Procedure Act, chapter 233B of NRS, shall apply to all proceedings or hearings under this chapter.
Sec. 6. 1. No judicial proceedings shall be instituted for compensation for an injury or death under this chapter unless:
(a) A claim for compensation is filed as provided in NRS 616.500; and
(b) A final decision of the appeals officer has been rendered on such claim.
2. Judicial proceedings instituted for compensation for an injury or death under this chapter shall be limited to judicial review as prescribed by NRS 233B.130 to 233B.150, inclusive.
Sec. 7. Chapter 617 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. The Nevada Administrative Procedure Act, chapter 233B of NRS, shall apply to all proceedings or hearings under this chapter.
Sec. 9. 1. No judicial proceedings shall be instituted for benefits for an occupational disease under this chapter, unless:
(a) A claim is filed within the time limits prescribed in NRS 617.330; and
(b) A final decision has been rendered on such claim.
2. Judicial proceedings instituted for benefits for an occupational disease under this chapter shall be limited to judicial review as prescribed by NRS 233B.130 to 233B.150, inclusive.
Sec. 10. NRS 616.130 is hereby amended to read as follows:
616.130 1. One of the commissioners shall be representative of labor and shall be selected by the governor for appointment from the individuals whose names are submitted to him [, one] by the Nevada State [Federation of Labor affiliated with] Branch of the American Federation of Labor [,] and [one by] the Congress of Industrial Organizations. [for the State of Nevada.]
2. The annual salary of the commissioner representative of labor shall be in an amount determined pursuant to the provisions of NRS 284.182.
3. The present commissioner whose term expires on September 3, 1955, is hereby determined to be the representative of labor. The successor of the commissioner representative of labor shall be deemed to represent labor.
Sec. 11. NRS 616.135 is hereby amended to read as follows:
616.135 1. One of the commissioners shall be representative of employers and shall be selected by the governor for appointment from the individuals whose names are submitted to him by [recognized associations and employer groups located in the state.] employer associations representing employers who pay substantial premiums to the Nevada industrial commission.
κ1973 Statutes of Nevada, Page 1597 (CHAPTER 762, AB 339)κ
representing employers who pay substantial premiums to the Nevada industrial commission.
2. The annual salary of the commissioner representative of employers shall be in an amount determined pursuant to the provisions of NRS 284.182.
3. The present commissioner whose term expires on June 23, 1955, is hereby determined to be the representative of employers. The successor of the commissioner representative of employers shall be deemed to represent employers.
Sec. 12. NRS 616.220 is hereby amended to read as follows:
616.220 [The] In accordance with the Nevada Administrative Procedure Act, the commission shall:
1. Adopt reasonable and proper rules to govern its procedure.
2. Prescribe the time within which adjudications and awards shall be made.
3. Prepare, provide and regulate forms of notices, claims and other blank forms deemed proper and advisable.
4. Furnish blank forms upon request.
5. [Regulate the nature and extent of the proofs and evidence, and the method of taking and furnishing the same, to establish the rights to compensation from the state insurance fund.
6.] Provide the method of making investigations, physical examinations, and inspections.
[7.] 6. Prescribe the methods by which the staff of the commission may approve or reject claims, and may determine the amount and nature of benefits payable in connection therewith. Every such approval, rejection and determination shall be subject to review by the commission.
[8.] 7. Provide for adequate notice to each claimant of his right:
(a) To review by the commission of any determination or rejection by the staff.
(b) To judicial review of any final decision. [by the commission.]
Sec. 13. NRS 616.245 is hereby amended to read as follows:
616.245 1. A transcribed copy of the evidence and proceedings, or any specific part thereof, of any final hearing or investigation, made by a stenographer appointed by the commission, being certified by that stenographer to be a true and correct transcript of the testimony in the final hearing or investigation, or of a particular witness, or of a specific part thereof, and carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on the final hearing or investigation so purporting to be taken and transcribed, may be received in evidence with the same effect as if the stenographer were present and testified to the facts so certified.
2. A copy of the transcript shall be furnished on demand to any party upon the payment of the fee therefor as provided for transcripts in courts of record.
Sec. 14. NRS 617.160 is hereby amended to read as follows:
617.160 [1.] This chapter shall be administered by the Nevada industrial commission [.
2. The commission shall:
(a) Adopt reasonable and proper rules to govern its procedure.
κ1973 Statutes of Nevada, Page 1598 (CHAPTER 762, AB 339)κ
(b) Prescribe the time within which adjudications and awards shall be made.
(c) Prepare, provide and regulate forms of claims and such other forms deemed proper and advisable.
(d) Regulate the nature and extent of the proofs and evidence, and the method of taking and furnishing the same, to establish the rights to compensation from the occupational diseases fund and the medical benefits fund.
(e) Provide the method of making investigations, physical examinations, and inspections.
(f) Adopt such other reasonable rules and regulations as may be necessary to carry out the provisions of this chapter.] in the same manner as provided for in chapter 616 of NRS.
________
Assembly Bill No. 342Committee on Government Affairs
CHAPTER 763
AN ACT relating to the state government; transferring the functions of the Colorado River commission to the state department of conservation and natural resources; and providing other matters properly relating thereto.
[Approved May 3, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 232.090 is hereby amended to read as follows:
232.090 The department shall consist of:
1. The division of water resources.
2. The division of state lands.
3. The division of forestry.
4. The division of oil and gas conservation.
5. The division of state parks.
6. The division of conservation districts.
7. The division of Colorado River resources.
8. Such other divisions as the director may in his discretion from time to time establish, to cooperate with the various committees, districts, associations and political subdivisions concerned with conservation and natural resources.
Sec. 1.5. NRS 232.090 is hereby amended to read as follows:
232.090 The department shall consist of:
1. The division of water resources.
2. The division of state lands.
3. The division of forestry.
4. The division of oil and gas conservation.
5. The division of state parks.
6. The division of conservation districts.
κ1973 Statutes of Nevada, Page 1599 (CHAPTER 763, AB 342)κ
7. The state environmental commission division.
8. The division of Colorado River resources.
[8.] 9. Such other divisions as the director may in his discretion from time to time establish, to cooperate with the various committees, districts, associations and political subdivisions concerned with conservation and natural resources.
Sec. 2. Chapter 232 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The division of Colorado River resources consists of the administrator, the Colorado River advisory commission and any other necessary personnel.
2. The administrator of the division shall be appointed by and be responsible to the director and shall be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
Sec. 3. NRS 321.400 is hereby amended to read as follows:
321.400 As used in NRS 321.390 to 321.470, inclusive:
1. Administrator means the administrator of the division of Colorado River resources of the state department of conservation and natural resources.
2. Advisory group means the Eldorado Valley advisory group.
[2. Commission means the Colorado River commission of Nevada.]
Sec. 4. NRS 321.410 is hereby amended to read as follows:
321.410 1. The [commission is authorized and empowered] administrator may on behalf of the State of Nevada [to] purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when such purchase can be made as provided by Congress, including any extension of time granted by the Secretary of the Interior, and have such lands patented to [it] the State of Nevada upon payment of the appraised value thereof, as determined by the Secretary of the Interior, or otherwise.
2. The lands referred to in subsection 1 are described as follows:
Parcel 1. All of south half, township 23 south, range 63 east, with the exception of the following areas: East half section 22; four 5-acre tracts located in section 26 and described as follows: South half southeast quarter northwest quarter northwest quarter, north half northeast quarter southwest quarter northwest quarter, north half southwest quarter northeast quarter northwest quarter and south half southwest quarter northwest quarter northwest quarter; and those portions of the northeast quarter section 23, and north half section 24, within the Lake Mead National Recreation area.
Parcel 2. Fractional sections 25 and 36, township 23 south, range 63 1/2 east.
Parcel 3. All of sections 27, 28, 29, 30, 31, 32, 33 and 34, township 23 south, range 64 east.
Parcel 4. Fractional sections 31, 32, 33, 34 and 35, township 23 1/2 south, range 64 east.
Parcel 5. All of southeast quarter of township 24 south, range 62 east.
κ1973 Statutes of Nevada, Page 1600 (CHAPTER 763, AB 342)κ
Parcel 6. All of township 24 south, range 63 east.
Parcel 7. All of township 24 south, range 64 east, except sections 1, 12, 13, 24, 25 and 36.
Parcel 8. All of township 25 south, range 62 east.
Parcel 9. All of township 25 south, range 63 east.
Parcel 10. All of sections 1, 2, 3, 4, 5 and 6, township 25 south, range 64 east.
Parcel 11. All of sections 1, 2, 11, 12, 13 and 14, township 26 south, range 62 east.
Parcel 12. All of northwest quarter, township 26 south, range 63 east.
All range references contained in the foregoing refer to the Mount Diablo base and meridian.
Sec. 5. NRS 321.440 is hereby amended to read as follows:
321.440 The Eldorado Valley advisory group shall be an advisory body to the [commission] administrator and shall have only such powers and duties as may be authorized by law. The group shall advise and assist the [commission] administrator in connection with all phases of planning and development of Eldorado Valley and the expenditure of funds in connection therewith.
Sec. 6. NRS 321.450 is hereby amended to read as follows:
321.450 1. The [commission,] administrator, with the advice of the advisory group, is authorized to undertake such engineering and planning studies and surveys and to take such other action as may be necessary for the development of Eldorado Valley.
2. The [commission] administrator shall sell and dispose of lands in the Eldorado Valley in accordance with plans and procedures [of the commission.] adopted by him.
3. The [commission,] administrator, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges [it] the state may have to purchase any portion, part or parcel of the lands described in NRS 321.410. Any such relinquishment shall be made by [formal resolution,] written instrument, shall be approved by the attorney general, and shall be forwarded to the Secretary of the Interior.
4. The [commission] administrator shall provide the members of the advisory group with industrial insurance through the Nevada industrial commission.
Sec. 7. NRS 321.460 is hereby amended to read as follows:
321.460 1. There is hereby created in the state treasury, for use of [the Colorado River commission of Nevada] the administrator in carrying out the provisions of NRS 321.390 to 321.470, inclusive, a trust fund to be known as the Eldorado Valley development fund.
2. None of the moneys in such fund shall be used for any purpose other than to acquire the land described in NRS 321.410 and to carry out the provisions of NRS 321.450.
3. Moneys in the Eldorado Valley development fund shall be paid out on claims against such fund as other claims against the state are paid, after such claims have been approved by the [commission.] administrator.
4. The [commission] division of Colorado River resources of the