[Rev. 2/28/2019 12:01:44 PM]
LAWS OF THE STATE OF NEVADA
κ1975 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
FIFTY-EIGHTH SESSION OF THE LEGISLATURE
1975
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Senate Bill No. 1Senator Lamb
CHAPTER 1
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved January 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $250,000.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 32Senator Monroe
CHAPTER 2
AN ACT to amend NRS 78.020, relating to private corporations, by deleting typographical error referring to county and substituting country.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
[Approved February 12, 1975]
Section 1. NRS 78.020 is hereby amended to read as follows:
78.020 1. Insurance companies, mutual fire insurance companies, surety companies, express companies and railroad companies may be formed under this chapter; provided:
(a) That no corporation formed for the purpose of conducting such business shall transact any such business within the State of Nevada until such corporation has first complied with all laws now in effect or hereafter enacted concerning or affecting the right to engage in such business; and
(b) That such corporation shall not infringe the laws of such other state or [county] country in which it may intend to engage in business, by so incorporating under this chapter.
κ1975 Statutes of Nevada, Page 2 (CHAPTER 2, SB 32)κ
2. No trust company, building and loan association, or corporation organized for the purpose of conducting a banking business shall be organized under this chapter.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 218Assemblymen Jacobsen and Glover
CHAPTER 3
AN ACT relating to Carson City; authorizing the city to purchase, otherwise acquire, improve and equip facilities to comprise a municipal water system, to issue bonds and other securities, constituting general obligations, to defray in part the cost thereof, to construct, purchase, otherwise acquire, improve and operate recreational and park facilities, and also to issue bonds and other securities, constituting general obligations, to defray in part the cost thereof; providing for the payment of such securities, the security therefor, and other details in connection therewith; otherwise stating powers, rights, privileges, duties, immunities, liabilities, disabilities, other limitations and other details in connection therewith, including, without limitation, by reference to the Local Government Securities Law; and providing other matters properly relating thereto.
[Approved February 14, 1975]
Whereas, The board of supervisors of Carson City, in the State of Nevada (sometimes designated in this act as the Board, the City and the State, respectively), pursuant to chapter 438, Statutes of Nevada 1971, and other laws of the State supplemental thereto, ordered the submission of, and there was submitted, at a special election held in the City on Tuesday, the 8th day of June, 1971, to the duly qualified electors of the City as a whole, a proposal authorizing it to incur an indebtedness on the behalf and in the name of the City as a whole by the issuance of its negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of not exceeding $5,700,000, for the purpose of the purchase, other acquisition, improvement and equipment of facilities to comprise a municipal water system, including, without limitation, the acquisition of water treatment facilities, buildings, structures, fixtures, furniture, sites, other interests in real property and other appurtenances incidental thereto, such bonds to bear interest at a rate or rates of not exceeding 7 percent per year, to mature serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 40 years therefrom, payable from general (ad valorem) taxes (except to the extent other moneys are available therefor), and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) not exceeding 7 percent per year to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the Board may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium, or provisions for additionally securing the payment of the bonds by a pledge of revenues derived from the operation of such system, or both such provisions; and
κ1975 Statutes of Nevada, Page 3 (CHAPTER 3, AB 218)κ
Whereas, Such water bond question was approved by a majority voting thereon of the qualified electors of the City as a whole; and
Whereas, The City has heretofore issued of the general obligation bonds so authorized the negotiable, coupon, Carson City, Nevada, General Obligation Water Bonds, Series October 1, 1971, in the principal amount of $4,100,000, and dated as of the first day of October, 1971, and the negotiable coupon, Carson City, Nevada, General Obligation Water Bonds, Series May 1, 1973, in the principal amount of $500,000, and dated as of the first day of May, 1973; and
Whereas, The Board ordered the submission, and there was submitted, at the general election held in the City on Tuesday, the 7th day of November, 1972, to the duly qualified electors of the City as a whole, a proposal authorizing it to incur an indebtedness on the behalf of and in the name of the City as a whole by the issuance of its negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of not exceeding $1,500,000, for the purpose of constructing, purchasing, otherwise acquiring, improving and operating recreational and park facilities, including, without limitation, buildings therefor and improvements incidental thereto, such bonds to bear interest at a rate or rates of not exceeding 7 percent per year, to mature serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 30 years therefrom, payable from general (ad valorem) taxes (except to the extent other moneys are available therefor), and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) not exceeding 7 percent per year to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the Board may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium; and
Whereas, Such park and recreation bond question was approved by a majority voting thereon of the qualified electors of the City as a whole; and
Whereas, The City has heretofore issued of the general obligation bonds so authorized the negotiable, coupon, Carson City, Nevada, General Obligation Recreation and Park Bond Anticipation Interim Debentures, Series May 1, 1973, in the principal amount of $100,000, and dated as of the first day of May, 1973; and
Whereas, The Board caused notice to be given by publication and mail of its intent to receive sealed bids and to open them publicly on the 17th day of December, 1974, for the purchase of the Citys negotiable, coupon general obligation bonds, dated as of the first day of January, 1975, and bearing interest at a rate or rates not exceeding 7 percent per annum, consisting of its water bonds, in the principal amount of $1,100,000, and maturing serially on the first day of January in each of the years 1976 through 2001, or alternatively in each of the years 1976 through 1990, and of the Citys recreation and park bonds, in the principal amount of $1,400,000, and maturing serially on the first day of January in each of the years 1978 through 1992; and
Whereas, No bid was then received for either of such bonds issues; and
κ1975 Statutes of Nevada, Page 4 (CHAPTER 3, AB 218)κ
Whereas, It is hereby declared, as a matter of legislative determination:
(a) The market for municipal bonds are at historic lows and interest rates relating thereto are at historic highs; and
(b) The legislature by this act desires to increase the maximum interest rate and maximum discount for the issuance of such bonds, in view of the highly unsatisfactory bond marketing experiences of the City, and to authorize the application of the liberalizing provisions in this act relating to the sale and issuance of such bonds; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. The City, acting by and through the Board, in addition to the powers elsewhere conferred upon the City, is by this act, as supplemented by the provisions of the Local Government Securities Law, authorized and empowered, without the necessity of another election or other or further preliminaries,
(a) To sell at public or private sale and to issue independent of any debt limitation or other restriction in one series or more at any time or from time to time but not after 6 years from the effective date of this act, as the Board may determine, the Citys negotiable, coupon, general obligation bonds:
(1) In the aggregate principal amount of not exceeding $1,100,000, for the purpose of defraying in part the cost of the purchase, other acquisition, improvement and equipment of facilities to comprise a municipal water system, including, without limitation, the acquisition of water treatment facilities, buildings, structures, fixtures, furniture, sites, other interests in real property and other appurtenances incidental thereto, such bonds to bear interest at a rate or rates of not exceeding 8 percent per year, to mature serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 40 years therefrom, payable from general (ad valorem) taxes (except to the extent any other moneys are available therefor), and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) not exceeding 8 percent per year to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the Board may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium, or provisions for additionally securing the payment of the bonds by a pledge of revenues derived from the operation of such system, or both such provisions; and
(2) In the aggregate principal amount of not exceeding $1,400,000, for the purpose of defraying in part the cost of constructing, purchasing, otherwise acquiring, improving and operating recreational and park facilities, including, without limitation, buildings therefor and improvements incidental thereto, such bonds to bear interest at a rate or rates of not exceeding 8 percent per year, to mature serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 30 years therefrom, payable from general (ad valorem) taxes (except to the extent any other moneys are available therefor), and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) not exceeding 8 percent per year to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the Board may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium;
κ1975 Statutes of Nevada, Page 5 (CHAPTER 3, AB 218)κ
not later than 30 years therefrom, payable from general (ad valorem) taxes (except to the extent any other moneys are available therefor), and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) not exceeding 8 percent per year to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the Board may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium;
(b) To undertake and complete each of the projects for which the bonds are respectively authorized by this act; and
(c) To exercise the incidental powers provided in the Local Government Securities Law in connection with the powers authorized by this act except as therein and herein otherwise expressly provided.
2. Nothing in this act shall be construed as preventing the Board, on the behalf and in the name of the City, from funding, refunding or reissuing any securities of the City at any time as provided in the Local Government Securities Law.
Sec. 2. The securities authorized by this act may be issued as:
1. General obligation bonds and other general obligation securities, payable from general (ad valorem) taxes;
2. General obligation bonds and other general obligation securities payable from such taxes, the payment of which securities is additionally secured with net pledged revenues; or
3. Any combination of such securities.
Sec. 3. 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 Local Government 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. 4. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 5. If any provisions 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. 6. This act shall become effective upon passage and approval.
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κ1975 Statutes of Nevada, Page 6κ
Senate Bill No. 159Committee on Government Affairs
CHAPTER 4
AN ACT to amend NRS 278.320, relating to subdivision of land, by authorizing certain boards of county commissioners to exempt parcels of land from the requirements of the statutes regulating the subdivision of land if such parcels are owned by a Nevada nonprofit corporation as immediate successor in title to a railroad company; and providing other matters properly relating thereto.
[Approved February 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.320 is hereby amended to read as follows:
278.320 1. Subdivision means any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, separate interests or interests in common, for the purpose of any transfer, development or any proposed transfer or development; unless exempted under subparagraphs (a) or (b).
(a) The term subdivision does not apply to any division of land which creates lots, parcels, sites, units or plots of land, each of which comprise 40 or more acres of land, including roads and roadway easements.
(b) Unless a method of disposition is adopted for the purpose of evading this chapter, the term subdivision does not apply to any division of land:
(1) Which creates lots, parcels, sites, units, or plots of land such that the land area of each of the lots, parcels, sites, units, or plots, when divided by the number of interests in every such lot, parcel, site, unit or plot results in 36 or more acres, exclusive of roads and roadway easements, per interest;
(2) Which is created by order of any court in this state or by operation of law;
(3) Which is created by a lien, mortgage, deed of trust or any other security instrument;
(4) Which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;
(5) Which creates cemetery lots;
(6) Which creates an interest or interests in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property;
(7) Which is created by the acquisition of an interest in land in the name of a husband and wife, or other persons who are related to each other within the first or second degree of consanguinity, or pursuant to adoption in accordance with law, which interest is established or created by a joint tenancy, community property, or as tenants in common. Any such interest shall be deemed for purposes of this subsection, as only one interest.
2. For subdivisions containing not more than four lots, parcels, sites, plots or interests, there shall be filed a parcel map pursuant to the provisions of NRS 278.500 to 278.560, inclusive.
κ1975 Statutes of Nevada, Page 7 (CHAPTER 4, SB 159)κ
3. In any county having a population of 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of county commissioners may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630, inclusive, if:
(a) Such land is owned by a railroad company [and] or by a nonprofit corporation organized and existing pursuant to the provisions of chapter 81 of NRS which is an immediate successor in title to a railroad company, and such land was in the past used in connection with any railroad operation; and
(b) Other persons now permanently reside on such land.
4. Nothing contained herein shall apply to the division of land for agricultural purposes, in parcels of more than 10 acres, not involving any street, road, or highway opening or widening or easements of any kind.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 60Committee on Taxation
CHAPTER 5
AN ACT relating to taxes derived from motor vehicle fuel used in aircraft; providing for distribution of such taxes to counties on a quarterly rather than monthly basis; and providing other matters properly relating thereto.
[Approved February 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 365.565 is hereby amended to read as follows:
365.565 The tax derived from motor vehicle fuel used in aircraft shall be distributed, after payment of refund claims as provided in NRS 365.370 and 494.043, in the following manner:
1. There shall be transferred to the Civil Air Patrol fund, hereby created in the state treasury, from the state airport fund, for the ensuing fiscal year, a sum not to exceed $30,000 or the total amount in such fund, whichever is lesser. The amount so transferred shall be expended for the support of Nevada Wing 96 of the Civil Air Patrol and shall be in addition to and separate from any legislative appropriations made to the Civil Air Patrol fund for the support of Nevada Wing 96 of the Civil Air Patrol. Moneys in the Civil Air Patrol fund shall be paid out only upon claims certified by the wing commander and the wing executive officer and approved by the state board of examiners, in the same manner as other claims against the state are paid. Moneys in the Civil Air Patrol fund shall be used only by Nevada Wing 96 of the Civil Air Patrol in carrying out its crash, rescue and emergency operations, and organization and training therefor, and in defraying the cost of headquarters rental and purchase, repair and maintenance of emergency and training equipment. No moneys in the Civil Air Patrol fund shall be expended for the purchase of any aircraft.
κ1975 Statutes of Nevada, Page 8 (CHAPTER 5, AB 60)κ
2. There shall be remitted to the county treasurers of the respective counties such portion of the remaining balance in such fund as is proportional to the excise taxes remitted by dealers or users in such county.
3. Such distribution shall be made on a [monthly] quarterly basis.
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Senate Bill No. 38Senator Monroe
CHAPTER 6
AN ACT to amend NRS 644.180, relating to the board of cosmetology revolving fund, by substituting chief of the budget division of the department of administration for director of the budget to set forth the correct title of that officer.
[Approved February 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 644.180 is hereby amended to read as follows:
644.180 An amount not to exceed $1,000 may be drawn from the contingent fund to be used as a revolving fund where cash advances are necessary. Expenditures from the revolving fund must be substantiated by vouchers and itemized statements at the end of each fiscal year, or at any other time when demanded by the [director of the budget.] chief of the budget division of the department of administration.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 39Senator Monroe
CHAPTER 7
AN ACT to amend an act entitled, An Act relating to youth services; creating a youth services agency within the department of health, welfare and rehabilitation; establishing a single youth services agency advisory board; establishing the northern Nevada childrens home and the southern Nevada childrens home as separate institutions; and providing other matters properly relating thereto, approved May 3, 1973.
[Approved February 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 765, Statutes of Nevada 1973, at page 1627, is hereby amended by adding thereto a new section to be designated as section 53.5, which shall immediately follow section 53 and which shall read as follows:
κ1975 Statutes of Nevada, Page 9 (CHAPTER 7, SB 39)κ
Section 53.5. NRS 423.040 is hereby amended to read as follows:
423.040 1. The state welfare board shall be the policymaking board of the [Nevada state childrens home.] northern Nevada childrens home and the southern Nevada childrens home.
2. The state welfare board shall meet not less than four times per year with the [superintendent of the Nevada state childrens home] superintendents of each of the childrens homes to discuss the operational problems of the [Nevada state] childrens [home.] homes.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 74Committee on Government Affairs
CHAPTER 8
AN ACT to amend NRS 497.190, relating to the powers of the board of adjustment in regard to airport zoning regulations, by deleting reference to NRS 497.120 and substituting reference to NRS 497.130 which specifies the procedure for obtaining a variance.
[Approved February 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 497.190 is hereby amended to read as follows:
497.190 All airport zoning regulations adopted under this chapter shall provide for a board of adjustment to have and exercise the following powers:
1. To hear and decide appeals from any order, requirement, decision or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in NRS 497.150.
2. To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such board may be required to pass under such regulations.
3. To hear and decide specific variances under NRS [497.120.] 497.130.
Sec. 2. This act shall become effective upon passage and approval.
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κ1975 Statutes of Nevada, Page 10κ
Assembly Bill No. 37Assemblymen Getto, Jacobsen and Dini
CHAPTER 9
AN ACT to amend NRS 477.030, relating to the powers and duties of the state fire marshal and his deputies, by removing the duty to enforce ordinances; removing powers and duties related to the construction, maintenance and regulation of fire escapes; redefining the areas of application of the state fire marshals powers and duties for consistency with the language used in the National Fire Protection Association standards; and providing other matters properly relating thereto.
[Approved February 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 477.030 is hereby amended to read as follows:
477.030 1. The state fire marshal shall enforce all laws [and ordinances,] and make rules and regulations relating to:
(a) [The prevention of fires.] Fire prevention.
(b) The storage and use of combustibles, flammables, fireworks and explosives.
(c) [The construction, maintenance and regulation of fire escapes.
(d) Overseeing the safety of and directing the means] The safety, access, means and adequacy of exit in case of fire from [factories, asylums,] mental and penal institutions, [day] child care facilities, foster homes, adult group care facilities, intermediate care facilities, nursing homes, hospitals, [churches,] schools, [halls, theaters, amphitheaters,] all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly, and all other [places] buildings where large numbers of persons work, live or congregate from time to time for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
[(e)] (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.
3. The state fire marshal shall cooperate with the state forester firewarden in the preparation of rules and regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.
4. The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for, overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.
κ1975 Statutes of Nevada, Page 11 (CHAPTER 9, AB 37)κ
5. The state fire marshal and his deputies shall have such powers and perform such other duties as are prescribed by law.
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Assembly Bill No. 73Committee on Government Affairs
CHAPTER 10
AN ACT to amend NRS 333.300, relating to procedures for state purchasing, by deleting reference to NRS 333.140 and substituting NRS 333.250 to provide the correct procedure for scheduling commodity purchases.
[Approved February 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 333.300 is hereby amended to read as follows:
333.300 1. The chief shall give reasonable notice, by advertising and by written notice mailed to persons, firms or corporations in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of [NRS 333.140.] NRS 333.250.
2. All such materials, supplies and equipment, except as otherwise provided in this section, when the estimated cost thereof shall exceed $500, shall be purchased by formal contract from the lowest responsible bidder in conformity with NRS 334.005 to 334.009, inclusive, after due notice inviting the submission of sealed proposals to the chief of the purchasing division at his office in Carson City, Nevada, until a date and hour as set forth in the proposal form, and at such date and hour the proposals shall be publicly opened. The purchasing division may reject any or all proposals, or may accept the proposal determined best for the interest of the state. Such notice shall be published as outlined in NRS 333.310.
3. In case of emergencies due to acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the chief; but every effort should be made to secure the maximum competitive bidding under the circumstances, and in no case shall contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids. In awarding contracts for the purchase of supplies, materials and equipment, whenever two or more lowest bids are identical, the chief shall comply with NRS 334.005 to 334.009, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
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κ1975 Statutes of Nevada, Page 12κ
Assembly Bill No. 59Committee on Taxation
CHAPTER 11
AN ACT relating to local government finances; revising list of expenditures permitted from separate bank accounts of certain school districts and county hospitals; and providing other matters properly relating thereto.
[Approved February 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.603 is hereby amended to read as follows:
354.603 Notwithstanding any other provisions of law, in counties with a population of less than 20,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:
1. The board of trustees of any county school district or the board of hospital trustees of any county hospital may establish and administer separate bank accounts in any bank whose deposits are insured by the Federal Deposit Insurance Corporation for all moneys received by the county treasurer which are by law to be administered and expended by such boards. The county treasurer shall transfer such moneys to such separate bank account when the following conditions are met:
(a) The board of trustees of the county school district or the board of hospital trustees of the county hospital shall adopt a resolution declaring an intention to establish and administer a separate bank account in accordance with the provisions of this section.
(b) The board of trustees of the county school district or the board of hospital trustees of the county hospital shall send a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the state department of education, attested by the secretary of such board, declaring the intention of such board to establish and administer a separate bank account in accordance with the provisions of this section.
(c) The board of trustees of the county school district or the board of hospital trustees of the county hospital shall submit monthly reports, listing all transactions involving the separate bank account, to the county treasurer, the county auditor, the board of county commissioners, and, in the case of the board of trustees of the county school district, to the state department of education. Such reports shall be certified by the secretary of such board. In addition, such boards shall give a full account and record of all moneys in such accounts upon request of the board of county commissioners.
2. The separate bank account of the board of trustees of the county school district established under the provisions of this section shall be composed of two funds:
(a) The county school district fund; and
(b) The county school district building and sites fund.
3. The separate bank account established by the board of county hospital trustees shall be known as the county hospital fund.
4. No expenditures from either bank account shall be made in excess of the balance of such bank account.
κ1975 Statutes of Nevada, Page 13 (CHAPTER 11, AB 59)κ
5. Such a bank account shall support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to debt service, capital projects, capital outlay and operating expenses.
6. The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of funds in any such separate bank account, may order the closing of such account and the return of such funds to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district or the board of hospital trustees of the county hospital shall be entitled to a hearing before the board of county commissioners.
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Assembly Bill No. 57Committee on Taxation
CHAPTER 12
AN ACT relating to county hospitals; removing obsolete provision in NRS 450.230 relating to methods of accounting.
[Approved February 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 450.230 is hereby amended to read as follows:
450.230 [1.] During the first week in February in each year, the board of hospital trustees shall file with the board of county commissioners a budget as required of all governmental agencies of this state by chapter 354 of NRS, and in the fiscal management of the affairs of the public hospital and all other institutions under the supervision, government and control of the board of hospital trustees, the board of hospital trustees shall be governed by the provisions of chapter 354 of NRS.
[2. Nothing in subsection 1 shall be construed to prohibit the board of hospital trustees from employing either the cash or accrual method of accounting, as provided in chapter 354 of NRS, in the fiscal management of the affairs of any county public hospital.]
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Assembly Bill No. 40Assemblymen May, Glover and Barengo
CHAPTER 13
AN ACT relating to the state housing commission; revising the composition and duties thereof; and providing other matters properly relating thereto.
[Approved February 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 315.790 is hereby amended to read as follows:
315.790 1. There is hereby created a state housing commission. [to be composed of the state controller as an ex officio member, and four members appointed by the governor, two of whom shall be veterans.]
κ1975 Statutes of Nevada, Page 14 (CHAPTER 13, AB 40)κ
members appointed by the governor, two of whom shall be veterans.] The governing body of every housing authority, excluding Indian housing authorities, located in counties having a population of 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall appoint one person to serve as a member of the state housing commission, and the governing body of the Nevada state rural housing authority shall also appoint one person to so serve. The term of office for [appointive] members shall be for 4 years. Members of housing authority governing bodies may be appointed to serve on the state housing commission.
2. As soon as possible after their appointment, the members of the state housing commission shall organize by electing a chairman and vice chairman and by adopting bylaws and regulations suitable to the transaction of business by the commission.
[2.] 3. The duties of the state housing commission shall be to coordinate the activities and undertakings [under the Housing Authorities Law of 1947. The commission shall supervise, in accordance with regulations adopted by it, the activities of authorities in effectuating the purposes of the Housing Authorities Law of 1947.
3. The state housing commission is also empowered, for the purpose of the Housing Authorities Law of 1947, and in order to assist within the State of Nevada in the solution of the housing shortage to the best interests of the State of Nevada as well as of the Federal Government, to act in behalf of the Federal Government upon the request thereof and designation thereby, to the end that the welfare of the state may be best served and that waste and inefficiency resulting from administration by remote federal offices, not responsible to the areas they serve, may be eliminated.] of housing authorities established, or to be established, under the provisions of this chapter, to provide information and advice to such authorities to assist in solving housing problems throughout the state, and to keep the governor, the legislature and the general public informed as to current activities and problem areas in housing programs at the state and federal levels.
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Assembly Bill No. 78Committee on Government Affairs
CHAPTER 14
AN ACT to amend section 14.4 of chapter 553, Statutes of Nevada 1973, to correct technical defect in amendment of Reno city charter; and providing other matters properly relating thereto.
[Approved February 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 14.4 of chapter 553, Statutes of Nevada 1973, at page 881, is hereby amended to read as follows:
Section 14.4. Section 4.020 of Article IV of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1976, is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 15 (CHAPTER 14, AB 78)κ
Section 4.020 Municipal court: Qualifications of municipal judge; salary.
1. The municipal court shall be presided over by a municipal judge, or judges as provided in section 4.010, who shall be:
(a) Over 25 years of age.
(b) An attorney licensed to practice law in the State of Nevada.
(c) A registered voter of the city.
2. The municipal judge or judges shall not engage in the private practice of law.
3. The salary of the municipal judge or judges shall be fixed by resolution of the city council.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 75Committee on Government Affairs
CHAPTER 15
AN ACT to amend NRS 244.680, relating to short-term financing by counties, by deleting obsolete reference to former temporary emergency loan procedure.
[Approved February 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.680 is hereby amended to read as follows:
244.680 The board of county commissioners of any county proceeding under the provisions of NRS 244.640 to 244.780, inclusive, is authorized to advance such funds to the board as may be necessary to pay the preliminary organization, administration and engineering costs thereof, including bond elections as provided in NRS 244.640 to 244.780, inclusive, on such terms of repayment as may be agreed upon, and the county is authorized to [declare an emergency and] secure necessary funds in the manner provided by law authorizing short-term loans.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 41Assemblymen May, Glover and Barengo
CHAPTER 16
AN ACT relating to public housing authorities; revising and consolidating certain statutory provisions relating to the organization, powers and duties of such authorities; and providing other matters properly relating thereto.
[Approved February 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 315 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1975 Statutes of Nevada, Page 16 (CHAPTER 16, AB 41)κ
Sec. 2. Housing Authorities Law of 1943 means former NRS 315.010 to 315.130, inclusive.
Sec. 3. Housing Law of 1951 means former NRS 315.800 to 315.950, inclusive.
Sec. 4. NRS 315.140 is hereby amended to read as follows:
315.140 NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act may be referred to as the Housing Authorities Law of 1947.
Sec. 5. NRS 315.150 is hereby amended to read as follows:
315.150 Unless the context otherwise requires, the definitions contained in NRS 315.160 to 315.300, inclusive, and sections 2 and 3 of this act govern the construction of NRS 315.140 to 315.790, inclusive [.] , and sections 2, 3 and 22 of this act.
Sec. 6. NRS 315.170 is hereby amended to read as follows:
315.170 Authority means any of the public corporations created or authorized to be created by NRS 315.140 to 315.790, inclusive [.] , and sections 2, 3 and 22 of this act, and any housing authority established and operating prior to July 1, 1975, under the provisions of the Housing Authorities Law of 1943 or the Housing Law of 1951.
Sec. 7. NRS 315.180 is hereby amended to read as follows:
315.180 Bonds means any bonds, notes, interim certificates, debentures or other obligations issued by an authority pursuant to NRS 315.140 to 315.790, inclusive [.] , and sections 2, 3 and 22 of this act.
Sec. 8. NRS 315.300 is hereby amended to read as follows:
315.300 [Veteran and serviceman mean veteran and serviceman as those terms are defined in the United States Housing Act of 1937 (Public Law 412, 75th Congress), (42 U.S.C. § 1402(14)), including all amendments.] Veteran or serviceman means a person who has served in the Armed Forces of the United States at any time:
1. On or after April 6, 1917, and prior to November 11, 1918;
2. On or after September 16, 1940, and prior to July 26, 1947;
3. On or after June 27, 1950, and prior to January 31, 1955; and
4. On or after August 5, 1964, and prior to such date thereafter as shall be determined by Presidential proclamation or concurrent resolution of the Congress as the end of the Vietnam era,
and, in the case of a veteran, has been discharged or released therefrom under conditions other than dishonorable, or in the case of a serviceman, is presently in the Armed Forces of the United States.
Sec. 9. NRS 315.360 is hereby amended to read as follows:
315.360 Any housing authority created and existing [pursuant to NRS 315.010 to 315.130, inclusive, (the Housing Authorities Law of 1943) shall continue in existence for the purposes of NRS 315.590, and] prior to July 1, 1975, pursuant to the Housing Authorities Law of 1943 or the Housing Law of 1951 shall continue in existence for the purposes of and shall have all of the powers granted by [the Housing Authorities Law of 1947 in addition to NRS 315.590 if the governing body of the city, town or county for which such housing authority was created declares by proper resolution that there is need for such housing authority to exercise the powers granted by the Housing Authorities Law of 1947.] NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act.
κ1975 Statutes of Nevada, Page 17 (CHAPTER 16, AB 41)κ
Sec. 10. NRS 315.390 is hereby amended to read as follows:
315.390 [No commissioner shall receive compensation for his services, but shall be entitled to necessary expenses, including travel expenses, incurred in the discharge of his duties.]
1. A commissioner is entitled to necessary expenses, including travel expenses, incurred in the discharge of his duties.
2. An authority may provide by resolution that each commissioner is entitled to receive compensation of $20 for each meeting attended.
3. No commissioner may receive as compensation more than $40 in a calendar month.
Sec. 11. NRS 315.420 is hereby amended to read as follows:
315.420 An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act (but not the power to levy and collect taxes or special assessments).
Sec. 12. NRS 315.450 is hereby amended to read as follows:
315.450 An authority may:
1. Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, its housing projects.
2. Notwithstanding anything to the contrary contained in NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act, or any other provisions of law, agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or administration of projects.
3. Include in any contract let in connection with a housing project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor, and comply with any conditions attached to the financial aid of such project.
Sec. 13. NRS 315.540 is hereby amended to read as follows:
315.540 An authority shall agree to make such payments in lieu of taxes to the city, town, county, and the state, or any political subdivision thereof, as it finds consistent with the maintenance of the low-rent character of housing projects or the achievement of the purposes of NRS 315.140 to 315.790, inclusive [.] , and sections 2, 3 and 22 of this act.
Sec. 14. NRS 315.550 is hereby amended to read as follows:
315.550 1. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects of housing authorities located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine:
(a) Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to a housing authority.
(b) Cause parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with such projects.
κ1975 Statutes of Nevada, Page 18 (CHAPTER 16, AB 41)κ
water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with such projects.
(c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake.
(d) Cause services to be furnished to the housing authority of the character which such state public body is otherwise empowered to furnish.
(e) Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, improvement, condemnation, closing or demolition of unsafe, insanitary or unfit buildings.
(f) Employ (notwithstanding the provisions of any other law) any funds belonging to or within the control of such state public body, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority; and, as the holder of such bonds or other obligation, exercise the rights connected therewith.
(g) Do any and all things, necessary or convenient, to aid and cooperate in the planning, undertaking, construction or operation of such housing projects.
(h) Incur the entire expense of any public improvements made by such state public body in exercising the powers granted in NRS 315.140 to 315.790, inclusive [.] , and sections 2, 3 and 22 of this act.
(i) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a housing authority respecting action to be taken by such state public body pursuant to any of the powers granted by NRS 315.140 to 315.790, inclusive [.] , and sections 2, 3 and 22 of this act. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or administration of low-rent housing or slum clearance projects, including any agency or instrumentality of the United States of America, the provisions of such agreements shall inure to the benefit of and may be enforced by such public body or governmental agency.
2. Any sale, conveyance, lease or agreement provided for in this section may be made by a state public body without appraisal, public notice, advertisement or public bidding, notwithstanding any other laws to the contrary.
Sec. 15. NRS 315.560 is hereby amended to read as follows:
315.560 1. In addition to the powers conferred upon an authority by other provisions of NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act, an authority is empowered:
(a) To borrow money or accept contributions, grants or other financial assistance from the Federal Government for or in aid of any housing project within its area of operation.
(b) To take over or lease or manage any housing project or undertaking constructed or owned by the Federal Government, and to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases or agreements as may be necessary, convenient or desirable.
κ1975 Statutes of Nevada, Page 19 (CHAPTER 16, AB 41)κ
2. In any contract with the Federal Government for annual contributions to an authority, the authority may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey to the Federal Government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the authority is subject. Such contract may further provide that in case of such conveyance, the Federal Government may complete, operate, manage, lease, convey or otherwise deal with the project in accordance with the terms of such contract; provided, that the contract requires that, as soon as practicable after the Federal Government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the Federal Government shall reconvey to the authority the project as then constituted.
3. It is the purpose and intent of NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the Federal Government in the undertaking, construction, maintenance or operation of any housing project by such authority.
Sec. 16. NRS 315.580 is hereby amended to read as follows:
315.580 1. In addition to other powers conferred upon an authority by NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act, an authority may acquire property and construct housing projects thereon for the purpose of leasing dwellings to servicemen, veterans and their families, and the families of deceased persons who served in the Armed Forces, at rentals, excluding utilities, of not to exceed $50 per month, during the existence of the acute shortage of housing available to such persons as determined by applicable law or as may be provided for in any contract for financial assistance with the Federal Government.
2. In exercising the powers provided in this section an authority shall not be subject to the limitations provided in NRS 315.500 or 315.510 during the period of acute housing shortage for veterans and servicemen, and their families and the families of deceased persons who served in the Armed Forces, of moderate income.
Sec. 17. NRS 315.650 is hereby amended to read as follows:
315.650 If any of the commissioners or officers of the authority whose signatures appear on any bonds or coupons shall cease to be such commissioners or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act shall be fully negotiable.
Sec. 18. NRS 315.660 is hereby amended to read as follows:
315.660 In any suit, action or proceeding involving the validity or enforceability of any bond of an authority or the security therefor, any such bond reciting in substance that it has been issued by the authority to aid in financing a housing project, as defined in NRS 315.230, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located, and carried out in accordance with the purposes and provisions of NRS 315.140 to 315.790, inclusive [.]
κ1975 Statutes of Nevada, Page 20 (CHAPTER 16, AB 41)κ
be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located, and carried out in accordance with the purposes and provisions of NRS 315.140 to 315.790, inclusive [.] , and sections 2, 3 and 22 of this act.
Sec. 19. NRS 315.700 is hereby amended to read as follows:
315.700 An authority may:
1. Covenant (subject to the limitations contained in NRS 315.140 to 315.790, inclusive [)] , and sections 2, 3 and 22 of this act) as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof.
2. Create or authorize the creation of special funds for moneys to be held for construction or operating costs, debt service, reserves or other purposes, and covenant as to the use and disposition of the moneys held in such funds.
Sec. 20. NRS 315.750 is hereby amended to read as follows:
315.750 An authority may submit to the attorney general of the state any bonds to be issued pursuant to NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act, after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, the attorney general shall examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If the proceedings conform to the provisions of NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act and are otherwise regular in form, and if such bonds when delivered and paid for will constitute binding and legal obligations of the authority enforceable according to the terms thereof, the attorney general shall certify in substance upon the back of each of the bonds that it is issued in accordance with the constitution and laws of the State of Nevada.
Sec. 21. NRS 315.760 is hereby amended to read as follows:
315.760 1. The state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations and other persons carrying on a banking or insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority created by or pursuant to NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act or issued by a public housing authority or agency in the United States, when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States Government or any agency thereof, and such bonds and other obligations shall be authorized security for all public deposits, and shall be fully negotiable in this state; it being the purpose of the Housing Authorities Law of 1947 to authorize any of the foregoing to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; but nothing contained in NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act shall be construed as relieving any person, firm or corporation from any duty of exercising reasonable care in selecting securities.
κ1975 Statutes of Nevada, Page 21 (CHAPTER 16, AB 41)κ
funds held on deposit, for the purchase of any such bonds or other obligations; but nothing contained in NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act shall be construed as relieving any person, firm or corporation from any duty of exercising reasonable care in selecting securities.
2. The provisions of the Housing Authorities Law of 1947 shall apply notwithstanding any restrictions on investments contained in other laws.
Sec. 22. Chapter 315 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. This act shall not impair or affect any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to July 1, 1975, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if this act had not been passed.
2. This act shall not affect the corporate existence of any authority established or operating under the Housing Authorities Law of 1943 or the Housing Law of 1951 prior to July 1, 1975.
3. The passage of this act shall not repeal or in any way affect or modify:
(a) Any law authorizing the issuance of any outstanding bonds and other securities by any authority established or operating prior to July 1, 1975, under the Housing Authorities Law of 1943 or the Housing Law of 1951.
(b) Any other contract of any such authority.
(c) Any law pursuant to which there have been levied by or on behalf of any such authority and there have not been paid in full, including without limitation the principal and any interest and penalties, any rents, fees and charges pertaining to the facilities or services, or both facilities and services, provided by any such authority.
(d) The running of the statutes of limitations in force on July 1, 1975.
4. All incomplete proceedings had and taken by any such authority, under any law repealed by this act, preliminary to and in the acquisition or improvement of any housing project or the issuance of any interim or temporary bond, or any definitive bond, which proceedings are in substantial compliance with the provisions of NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act, may, at the option of the commissioners of the authority, be completed under the provisions of NRS 315.140 to 315.790, inclusive, and sections 2, 3 and 22 of this act the same as if such incomplete proceedings had been had and taken pursuant to such provisions.
5. The passage of this act shall not repeal or in any way affect or modify the power of the commissioners of any authority established or operating under the Housing Authorities Law of 1943 or the Housing Law of 1951 prior to July 1, 1975, concerning the borrowing of money or the acceptance of any grant of public or private money, which power was exercised prior to July 1, 1975.
6. All bonds, notes, contracts, agreements and obligations of authorities relating to financing or undertaking (including cooperating with or acting as agent of the Federal Government in) the development or administration of any project to assure the availability of safe and sanitary dwellings for persons engaged in national-defense activities, which bonds, notes, contracts, agreements and obligations were issued or entered into prior to July 1, 1951, are validated and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority.
κ1975 Statutes of Nevada, Page 22 (CHAPTER 16, AB 41)κ
administration of any project to assure the availability of safe and sanitary dwellings for persons engaged in national-defense activities, which bonds, notes, contracts, agreements and obligations were issued or entered into prior to July 1, 1951, are validated and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority.
Sec. 23. NRS 315.971 is hereby amended to read as follows:
315.971 Local housing authority or local authority means [a housing] an authority [created or established pursuant to the provisions of the Housing Authorities Law of 1943, the Housing Authorities Law of 1947, or the Housing Law of 1951.] as defined in NRS 315.170.
Sec. 24. NRS 315.010, 315.020, 315.030, 315.040, 315.050, 315.060, 315.070, 315.080, 315.090, 315.100, 315.110, 315.120, 315.130, 315.800, 315.810, 315.820, 315.830, 315.840, 315.850, 315.860, 315.870, 315.880, 315.890, 315.900, 315.910, 315.920, 315.930, 315.940 and 315.950 are hereby repealed.
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Senate Bill No. 36Senator Monroe
CHAPTER 17
AN ACT to amend NRS 436.012 and NRS 436.018, relating to mental health services, by deleting incorrect references to the department of personnel and substituting the correct reference to the personnel division of the department of administration.
[Approved February 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 436.012 is hereby amended to read as follows:
436.012 The administrator shall:
1. Have training and demonstrated administrative qualities of leadership in the professional fields of either psychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of mentally ill and mentally retarded persons.
3. Have such additional qualifications as are in accordance with criteria prescribed by the [department of personnel.] personnel division of the department of administration.
4. Be in the unclassified service of the state, be compensated by an annual salary determined pursuant to the provisions of NRS 284.182 and receive the per diem expense allowance and travel expenses fixed by law.
Sec. 2. NRS 436.018 is hereby amended to read as follows:
436.018 The medical director of a state operated mental health center other than the Nevada mental health institute or the Las Vegas mental health center shall be the medical head of such mental health center and:
κ1975 Statutes of Nevada, Page 23 (CHAPTER 17, SB 36)κ
1. Shall be a psychiatrist licensed to practice medicine as provided by law.
2. Shall be in the unclassified service, shall be compensated by an annual salary in an amount determined pursuant to the provisions of NRS 284.182 and shall receive the per diem expense allowance and travel expenses fixed by law.
3. Shall cause to be kept a fair and full account of all medical affairs.
4. Shall have standard medical histories currently maintained on all patients, and administer or have administered the accepted and appropriate treatments to all patients under his care.
5. Shall undertake any diagnostic, medical or surgical procedure in the interest of the patient, but only with such patients consent; and may give the required consent in an immediate life-threatening medical emergency when the patient is incompetent and there is no other person with legal authority to give such consent, only after consultation and approval of at least two other physicians licensed to practice in this state.
6. Shall have such additional qualifications as are in accordance with criteria prescribed by the [department of personnel.] personnel division of the department of administration.
7. May be a psychiatrist in private practice under contract to the division.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 30Senator Monroe
CHAPTER 18
AN ACT to amend section 2.5 of chapter 752, Statutes of Nevada 1973, to correct technical defect in amendment of Las Vegas city charter; and providing other matters properly relating thereto.
[Approved February 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2.5 of chapter 752, Statutes of Nevada 1973, at page 1571, is hereby amended to read as follows:
Section 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.
κ1975 Statutes of Nevada, Page 24 (CHAPTER 18, SB 30)κ
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. The mayor shall be elected by the registered voters of the city at large. Each commissioner other than the mayor shall be a resident of the ward which he represents and elected by the registered voters of that ward. All commissioners, including the mayor, 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. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 37Senator Monroe
CHAPTER 19
AN ACT to amend NRS 540.590, relating to liabilities incurred by the boards of supervisors of drainage districts, by deleting the reference to the state board of finance and substituting Nevada tax commission to conform to change in the approving authority for short-term financing.
[Approved February 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 540.590 is hereby amended to read as follows:
540.590 A debt or liability incurred in excess of the provisions of this chapter shall be absolutely void, except:
1. That for the purpose of organization or for the purpose of this chapter the board of supervisors may, before the collection of the first annual taxes, cause warrants of the district to issue, bearing interest not exceeding 8 percent per annum.
2. In any case where money has been theretofore loaned to the district and actually expended by the board of supervisors for the benefit of the district.
3. That in cases of great necessity the board of supervisors may apply to the [state board of finance] Nevada tax commission as provided in chapter 354 of NRS for permission to obtain short-term financing to meet such necessity, and the [state board of finance] Nevada tax commission may give its permission as therein provided. The limit of the loan for such purpose shall be an amount equivalent to an average of $1.50 per acre throughout the district.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 25κ
Senate Bill No. 40Senator Lamb
CHAPTER 20
AN ACT to amend NRS 353.145, relating to a canceled state controllers warrant; providing that renewal of claim be presented to state board of examiners; and providing other matters properly relating thereto.
[Approved February 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 353.145 is hereby amended to read as follows:
353.145 1. If a state controllers warrant has been canceled pursuant to the provisions of NRS 353.130, after a period of 1 year from the date of the original warrant, the person in whose favor such warrant may have been drawn shall be permitted to renew his claim against the state, to the amount of such warrant canceled, [by the presentation of the same to any succeeding legislature to be acted upon in the same manner as deficiency claims.
2. Whenever a person shall renew his claim against the state and the same has been approved, the claim shall be paid out of the general fund.] by presenting it to the state board of examiners.
2. If approved by the state board of examiners, payment may be made out of the stale claims fund account as provided in NRS 353.097.
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Senate Bill No. 41Senator Lamb
CHAPTER 21
AN ACT relating to state financial administration; providing for the clerk of the state board of examiners to approve claims against the state under certain circumstances; and requiring the chief of the budget division of the department of administration to report expenditures from the emergency account in the state general fund.
[Approved February 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 353.190 is hereby amended to read as follows:
353.190 1. In addition to [the] his other duties, [imposed by law on] the chief [, he shall be] is ex officio clerk of the state board of examiners. He shall:
(a) Assist the state board of examiners in the examination, classification and preparation for audit of all the claims required to be presented to the board.
(b) Conduct an effective check and preaudit of all such claims before they are submitted to the board.
(c) Approve, on behalf of and when authorized by the board, claims against the state not required to be passed upon by the legislature.
κ1975 Statutes of Nevada, Page 26 (CHAPTER 21, SB 41)κ
2. The rules of procedure governing the duties of the chief under this section shall be promulgated by the state board of examiners.
3. The chief may delegate [the] these duties [herein set forth] to his [duly appointed and qualified] deputy.
Sec. 2. NRS 353.263 is hereby amended to read as follows:
353.263 1. As used in this section, emergency means invasion, insurrection, riot, epidemic or natural disaster.
2. There is hereby created in the general fund [in the state treasury a fund] an account to be known as the emergency [fund] account. Moneys for such [fund] account shall be provided by direct legislative appropriation.
3. When the state board of examiners finds that an emergency exists which requires an expenditure for which no appropriation has been made, or in excess of an appropriation made, [by the legislature,] the board may authorize the expenditure of not more than $50,000 from the emergency [fund] account to meet such emergency.
4. [The state board of examiners shall, before September 1 of each even-numbered year, file a report covering the biennium ending June 30 of such year with the president of the senate and the speaker of the assembly enumerating the expenditures authorized by the state board of examiners under the provisions of this section.] The chief shall enumerate expenditures from the account made in the preceding biennium in each executive budget report.
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Senate Bill No. 65Committee on Transportation
CHAPTER 22
AN ACT relating to special fuel taxation; requiring certain dealers and users to file return and pay taxes by specified date.
[Approved February 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 366.270 is hereby amended to read as follows:
366.270 Whenever any person ceases to be a special fuel dealer or special fuel user within the state by reason of discontinuance, sale or transfer of the business of such person, such special fuel dealer or special fuel user shall:
1. Notify the department in writing at the time the discontinuance, sale or transfer takes effect. Such notice shall give the date of discontinuance and, in the event of a sale, the date thereof and the name and address of the purchaser or transferee thereof.
2. [Make a report and pay all such taxes, interest and penalties and surrender] Surrender to the department the license certificate theretofore issued to such special fuel dealer or special fuel user by the department.
3. File a quarterly tax return and pay all taxes, interest and penalties pursuant to NRS 366.370 and 366.380, except that both the filing and payment shall be due on or before the 25th day of the month following the month of discontinuance, sale or transfer of the business.
κ1975 Statutes of Nevada, Page 27 (CHAPTER 22, SB 65)κ
payment shall be due on or before the 25th day of the month following the month of discontinuance, sale or transfer of the business.
4. Remove the special fuel vehicle identification from the vehicle if the vehicle passes from his control.
________
Senate Bill No. 29Senator Monroe
CHAPTER 23
AN ACT to amend an act entitled, 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.
[Approved February 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 19 of the above-entitled act, being chapter 763, Statutes of Nevada 1973, at page 1603, is hereby amended to read as follows:
Section 19. NRS 533.370 is hereby amended to read as follows:
533.370 1. Except as provided in subsection 2, the state engineer shall approve all applications made in proper form where all fees, as provided in this chapter, have been paid which contemplate the application of water to beneficial use, and where the proposed use or change does not tend to impair the value of existing rights, or to be otherwise detrimental to the public welfare.
2. Based upon the public interest and the economic welfare of the State of Nevada, the state engineer may in his discretion approve or disapprove any application of water to beneficial use or any application which contemplates a change in the place or beneficial use of water to a use involving the industrial purpose of generating energy to be exported out of this state.
3. The state engineer shall either approve or reject each application within 1 year from the final date for filing protest; but:
(a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of a protested application, by both the protestant and the applicant; and
(b) In areas where water supply studies are being made or where court actions are pending, the state engineer may withhold action until such time as it is determined there is unappropriated water or the court action becomes final.
4. Where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for.
5. The refusal or approval of an application shall be endorsed on a copy of the original application, and a record made of such endorsement in the records of the office of the state engineer.
κ1975 Statutes of Nevada, Page 28 (CHAPTER 23, SB 29)κ
in the records of the office of the state engineer. The copy of the application so endorsed shall be returned to the applicant. If the application is approved, the applicant shall be authorized, on receipt thereof, to proceed with the construction of the necessary works and to take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is refused, the applicant shall take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as such refusal shall continue in force.
6. Anything in this chapter to the contrary notwithstanding, the state engineer shall not approve any application nor issue any permit to appropriate the waters of the Colorado River, which waters are held in trust by the [Colorado River commission of Nevada] division of Colorado River resources of the state department of conservation and natural resources pursuant to NRS 538.170, except after approval of such application by the [Colorado River commission of Nevada. The commission] administrator of that division. The administrator and the state engineer [are authorized to] may adopt such joint regulations as may be necessary for the purpose of carrying out the provisions of this subsection.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 35Senator Monroe
CHAPTER 24
AN ACT to amend NRS 377.010 to conform short title of chapter 377 of NRS to terminology used in remainder of the chapter.
[Approved February 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 377.010 is hereby amended to read as follows:
377.010 This chapter may be cited as the [County-City] City-County Relief Tax Law.
Sec. 2. This act shall become effective upon passage and approval.
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κ1975 Statutes of Nevada, Page 29κ
Assembly Bill No. 275Committee on Commerce
CHAPTER 25
AN ACT creating a committee to study electric utility companies, gas utility companies and the public service commission of Nevada; requiring the committee to submit a report and recommendations to the legislature; providing for payment of expenses and providing other matters properly relating thereto.
[Approved February 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. A committee to study electric utility companies, gas utility companies and the public service commission of Nevada is hereby created. The committee shall be bipartisan in nature and shall be composed of the speaker of the assembly and three members of the assembly and three members of the senate. The speaker of the assembly shall serve as chairman of the committee but shall not have the right to vote except in the event of a tie vote.
2. The governor shall appoint three persons to serve with the lieutenant governor as an advisory group to assist the committee.
Sec. 2. 1. The committee shall undertake an evaluation study of electric utility companies and gas utility companies in the area for which the public service commission of Nevada is statutorily responsible, including:
(a) The statutory provisions applicable to the utility companies;
(b) The alternate sources of fuel and electric energy and the cost and availability of such energy purchased by the utility companies for resale within the state;
(c) The relationship of fuel and electric energy purchased by the utility companies to the total cost of providing service to all customers within the state;
(d) The frequency and the nature of applications by the utility companies to the public service commission of Nevada;
(e) The financing requirements of the utility companies and the effect of such financing requirements on utility rates;
(f) The statutory changes needed to make additional funds available for capital improvements at a lower cost to the utility companies;
(g) The effect of environmental laws on the utility companies and the relationship of such laws to the rates charged by the utility companies; and
(h) The ability of the utility companies to communicate to their customers reasons for rate increases.
2. The committee shall examine the composition and staffing policies of the public service commission of Nevada to determine:
(a) The adequacy of salaries;
(b) The availability of qualified personnel;
(c) The availability of adequate funding; and
(d) The ability of the public service commission of Nevada to effectively evaluate frequent utility company applications.
Sec. 3. 1. The committee may request and shall be furnished staff assistance from the executive agencies of the state, the University of Nevada System and the legislative counsel bureau for the committees conduct of the study and preparation of a report based thereon.
κ1975 Statutes of Nevada, Page 30 (CHAPTER 25, AB 275)κ
Nevada System and the legislative counsel bureau for the committees conduct of the study and preparation of a report based thereon.
2. Within the limit of appropriated funds, the committee may contract with independent expert consultants for services that will be of assistance in its undertaking.
Sec. 4. The members of the committee are entitled to receive the per diem allowance and travel expenses as provided by law.
Sec. 5. Prior to April 1, 1975, the committee shall submit to the legislature a report of a committees findings and recommendations.
Sec. 6. The committee may spend up to $25,000 for any expenses incurred in carrying out the provisions of this act and the expenses shall be paid from the legislative fund.
Sec. 7. This act shall become effective upon passage and approval.
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Senate Bill No. 61Committee on Transportation
CHAPTER 26
AN ACT relating to equipment of vehicles; conforming statutory language for vehicle reflector visibility requirement; increasing the reflector visibility requirement for bicycles and motorcycles; and providing other matters properly relating thereto.
[Approved February 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.513 is hereby amended to read as follows:
484.513 1. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the department of motor vehicles which shall be visible from all distances from 50 feet to 300 feet to the rear when directly in front of lawful [upper] lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
2. No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, but a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
3. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
Sec. 2. NRS 484.567 is hereby amended to read as follows:
484.567 1. Every reflector required by NRS 484.561 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful [upper] lower beams of head lamps.
2. Every front and rear clearance lamp and identification lamp required by NRS 484.561 shall be capable of being seen and distinguished under normal atmospheric conditions at the times lighted lamps are required at all distances between 500 feet to 50 feet from the front and rear, respectively, of the vehicle on which mounted.
κ1975 Statutes of Nevada, Page 31 (CHAPTER 26, SB 61)κ
under normal atmospheric conditions at the times lighted lamps are required at all distances between 500 feet to 50 feet from the front and rear, respectively, of the vehicle on which mounted.
3. Every side marker lamp required by NRS 484.561 shall be capable of being seen and distinguished under normal atmospheric conditions at the times lighted lamps are required at all distances between 500 and 50 feet from the side of the vehicle on which mounted.
Sec. 3. NRS 484.575 is hereby amended to read as follows:
484.575 All vehicles including animal-drawn vehicles not otherwise specifically required to be equipped with lamps, shall at all times specified in NRS 484.545 be equipped with at least one lamp displaying a white light visible from a distance of not less than 500 feet to the front of the vehicle and two lamps displaying a red light visible from a distance of not less than 500 feet to the rear of the vehicle or one lamp displaying a red light visible from a distance of not less than 500 feet to the rear and two red reflectors visible from all distances of 600 to 100 feet to the rear when illuminated by the lawful [upper] lower beams of head lamps.
Sec. 4. NRS 486.291 is hereby amended to read as follows:
486.291 1. Every motorcycle shall carry on the rear at least one reflector, which shall be mounted at a height not less than 20 inches nor more than 60 inches from the ground as measured from the center of the reflector to the level ground upon which such motorcycle stands without a load.
2. Each such reflector shall be of a size and character and so mounted as to be visible at night from all distances within 300 feet when directly in front of lawful [upper] lower beams of head lamps.
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Senate Bill No. 13Committee on Education
CHAPTER 27
AN ACT relating to sale, lease or rental of real property belonging to a school district; providing for the sale of real property belonging to the district without independent appraisal where the fair market value is $5,000 or less; reducing the number of appraisers required to be appointed; clarifying procedures; and providing other matters properly relating thereto.
[Approved February 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 393.240 is hereby amended to read as follows:
393.240 1. [When] Except as provided in subsection 5 and NRS 393.3251 to 393.3255, inclusive, when the board of trustees proposes to sell or lease any real property, [except for the lease or rental of real property pursuant to NRS 393.3251 to 393.3255, inclusive,] the board shall appoint [two appraisers. A third] one appraiser. A second appraiser shall be appointed by the state department of education.
2. The appraisers shall make a report to the board of trustees of their findings and determinations of the cash market value of the property proposed to be sold, or the rental value of the property proposed to be leased.
κ1975 Statutes of Nevada, Page 32 (CHAPTER 27, SB 13)κ
their findings and determinations of the cash market value of the property proposed to be sold, or the rental value of the property proposed to be leased.
3. No sale or lease of real property shall be made for less than the value fixed by the appraisers.
4. The compensation of the appraisers shall be fixed by the board of trustees, and shall be a legal charge against the school district fund.
5. The board of trustees may sell real property without independent appraisal where the property is reasonably determined by the board to have a fair market value of $5,000 or less.
Sec. 2. NRS 393.245 is hereby amended to read as follows:
393.245 1. [After the real property has been appraised as provided in NRS 393.240 the] The board of trustees may sell or lease [such] real property:
(a) To a responsible bidder in the manner provided by NRS 393.250 to 393.300, inclusive; or
(b) Through a licensed real estate broker. No exclusive listing may be given. In all listings, the board of trustees shall specify the minimum price or rental, the terms of sale or lease, and the commission to be allowed, which shall not exceed the normal commissions prevailing in the community at the time.
2. All sales may be made for cash, or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of trustees shall specify.
3. The provisions of this section apply to all sales and leases of real property, except leases and rentals subject to NRS 393.3251 to 393.3255, inclusive, but if an appraisal is required pursuant to NRS 393.240 the board of trustees shall not adopt the resolution described in NRS 393.250 or otherwise commence bidding or listing procedures until the report of the appraisers has been received.
Sec. 3. NRS 393.250 is hereby amended to read as follows:
393.250 1. [After receiving the report of the appraisers and before] Before ordering the sale or lease of any property, the board of trustees shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to sell the property, or a resolution declaring its intention to lease it, as the case may be.
2. The resolution shall:
(a) Describe the property proposed to be sold or leased in such manner as to identify it.
(b) Specify the minimum price or rental, the terms upon which it will be sold or leased, and the commission, if any, which shall not exceed the normal commissions prevailing in the community at the time, which the board will pay to a licensed real estate broker.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board of trustees to be held at its regular place of meeting, at which sealed proposals to purchase or lease will be received and considered.
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κ1975 Statutes of Nevada, Page 33κ
Senate Bill No. 10Committee on Education
CHAPTER 28
AN ACT to amend NRS 386.345 relating to payment of travel expenses and per diem allowances by the board of trustees of a school district; by expanding the number of trustees from a school district that may attend national school board association meetings outside the state; and providing other matters properly relating thereto.
[Approved February 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 386.345 is hereby amended to read as follows:
386.345 1. The board of trustees of a school district may:
(a) Acquire and maintain membership in county, state and national school board associations and pay dues to such associations.
(b) Notwithstanding any limitations contained in NRS 386.290, pay the travel expenses and per diem allowances [of:
(1) Trustees at the same rate authorized by law for state officers when such trustees attend meetings of such county and state associations within the state.
(2) Not more than one trustee of any school district at the same rate authorized by law for state officers when such trustees attend any meeting of such national associations outside the state.] of trustees at the same rate authorized by law for state officers when the trustees attend county, state or national school board association meetings.
2. Claims for dues, travel expenses and per diem allowances authorized in subsection 1 shall be presented and allowed as provided by law for other claims against the school district.
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Assembly Bill No. 125Committee on Transportation
CHAPTER 29
AN ACT relating to motor vehicle equipment; conforming provision on safety glazing material to conform to new title of institute which establishes standards for such material.
[Approved February 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.623 is hereby amended to read as follows:
484.623 1. It is unlawful for any person to sell, offer for sale or drive any motor vehicle manufactured after January 1, 1970, unless such vehicle is equipped with safety glazing material wherever glazing materials are used in such vehicle for partitions, doors, windows, windshields or wind deflectors.
2. It is unlawful for any person to sell or offer for sale any camper manufactured after January 1, 1970, and it is unlawful for any person to drive such a motor vehicle registered in this state which is equipped with a camper, unless such camper is equipped with safety glazing materials wherever glazing materials are used in outside windows and doors.
κ1975 Statutes of Nevada, Page 34 (CHAPTER 29, AB 125)κ
manufactured after January 1, 1970, and it is unlawful for any person to drive such a motor vehicle registered in this state which is equipped with a camper, unless such camper is equipped with safety glazing materials wherever glazing materials are used in outside windows and doors. As used in this subsection, camper means any structure designed to be loaded onto, or affixed to, a motor vehicle to provide temporary living quarters for recreation, travel or other use.
3. As used in this section, safety glazing materials means glazing materials so constructed, treated or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass, the likelihood of injury to persons by objects from exterior sources or by such safety glazing materials when they may be cracked or broken.
4. The department of motor vehicles shall establish specifications or requirements for approved safety glazing material which shall not be lower in standard than those specifications or requirements for safety glazing material established by the [United States of America] American National Standards Institute Safety Code Z26.1 — 1950, and shall maintain a list of approved safety glazing material.
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Assembly Bill No. 25Assemblyman Dini
CHAPTER 30
AN ACT relating to elections; changing voting hours in certain counties; and providing other matters properly relating thereto.
[Approved February 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.273 is hereby amended to read as follows:
293.273 1. Except as provided in [subsections 2 and 3] subsection 2 and NRS 293.305, at all elections held under the provisions of this Title, the polls shall open at 8 a.m. and close at [6 p.m.] 7 p.m. In Carson City and counties where voting machines are used, the polls shall open at 7 a.m. and close at 7 p.m.
2. Whenever at any election all the votes of the precinct or district, as shown on the checklist and roster, have been cast, the election board officers shall close the polls, and the counting of votes shall begin and continue without unnecessary delay until the count is completed.
3. Upon opening the polls one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.
4. No person other than election board officers engaged in receiving, preparing or depositing ballots, or issuing voting machines admission authorities, may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary for the purpose of keeping order and carrying out the provisions of this Title.
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κ1975 Statutes of Nevada, Page 35κ
Assembly Bill No. 123Committee on Transportation
CHAPTER 31
AN ACT relating to equipment of vehicles; revising provisions; exempting mobile homes from additional lighting requirements; and providing other matters properly relating thereto.
[Approved February 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.561 is hereby amended to read as follows:
484.561 1. In addition to other equipment required in this chapter the following vehicles shall be equipped as stated in this section.
2. On every bus or truck 80 inches or more in overall width manufactured after January 1, 1970, there shall be the following:
(a) On the front, two clearance lamps, one at each side, and three identification lamps meeting the requirements of subsection 8.
(b) On the rear, two clearance lamps, one at each side, and three identification lamps meeting the requirements of subsection 8.
(c) On each side, two side marker lamps, one at or near the front and one at or near the rear.
(d) On each side, two reflectors, one at or near the front and one at or near the rear.
3. On every trailer or semitrailer 80 inches or more in overall width there shall be the following:
(a) On the front, two clearance lamps, one at each side.
(b) On the rear, two clearance lamps, and three identification lamps meeting the requirements of subsection 8.
(c) On each side, two side marker lamps, one at or near the front and one at or near the rear.
(d) On each side, two reflectors, one at or near the front and one at or near the rear.
4. For the purposes of this section converter dolly means a [motor] vehicle with a fifth wheel lower half or equivalent mechanism, the attachment of which converts a semitrailer to a full trailer. Each such dolly, when towed singly by another vehicle, and not as part of a full trailer, shall be equipped with one stop lamp, one tail lamp and two reflectors on the rear. No lighting devices or reflectors are required on the front or sides of any such dolly.
5. In addition to the requirements of subsection 3, on every trailer and semitrailer 30 feet or more in overall length there shall be, on each side, one amber side marker lamp and one amber reflector, centrally located with respect to the length of the [vehicle.] trailer and semitrailer.
6. On the front of every truck tractor there shall be [on the front] two cab clearance lamps, one at each side, and if the truck tractor is manufactured after January 1, 1970, three identification lamps meeting the requirements of subsection 8.
7. On every pole trailer there shall be the following:
(a) On each side, one amber side marker lamp at or near the front of the load.
κ1975 Statutes of Nevada, Page 36 (CHAPTER 31, AB 123)κ
(b) On each side, one amber reflector at or near the front of the load.
(c) On the rearmost part of the load or the rearmost support for the load, one combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate the maximum width of the pole trailer.
8. Identification lamps shall be grouped in a horizontal row, with lamp centers spaced not less than 6 nor more than 12 inches apart, and mounted on the permanent structure of the vehicle as close as practicable to the vertical centerline, except that where the cab of a vehicle is not more than 42 inches wide at the front roof line, a single identification lamp at the center of the cab shall be sufficient to comply with the requirements for front identification lamps.
9. On trailers designed to carry boats, front and rear clearance lamps may be located on each side of the trailer at or near the midpoint of the trailer between the front and rear of the trailer to indicate the extreme width of the trailer.
10. The provisions of this section shall not apply to a mobile home.
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Assembly Bill No. 318Committee on Legislative Functions
CHAPTER 32
AN ACT relating to the legislature; authorizing expenditures of certain legislative travel expenses for committee and subcommittee hearings.
[Approved February 28, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. Notwithstanding the provisions of NRS 281.160 or any other law, the per diem expense allowance and the travel and telephone expenses of senators and assemblymen duly elected or appointed and in attendance at any session of the legislature shall be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a regular or special session of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a regular or special session of the legislature, each senator and assemblyman shall receive:
(a) A per diem expense allowance of $30 for one days travel to and one days travel from regular and special sessions of the legislature.
(b) Travel expenses computed at the rate of 12 cents per mile traveled.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman shall be entitled to receive [not to exceed the total sum of $1,200 as a supplemental travel allowance for traveling to and from his home or temporary residence during each regular session of the legislature and not to exceed the total sum of $500 as a supplemental travel allowance for traveling to and from his home or temporary residence during each special session of the legislature.]
κ1975 Statutes of Nevada, Page 37 (CHAPTER 32, AB 318)κ
a supplemental travel allowance for traveling to and from his home or temporary residence during each special session of the legislature.] a supplemental travel allowance which shall not exceed:
(a) A total of $1,200 during each regular session of the legislature; and
(b) A total of $500 during each special session of the legislature,
for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee hearings.
4. Each senator and assemblyman shall be allowed for each day that the legislature is in regular or special session a per diem allowance of $30 per day.
5. Each senator and assemblyman shall be entitled to receive not to exceed the total sum of $250 as a telephone allowance for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not to exceed the total sum of $100 during each special session of the legislature.
6. Claims for expenses made under the provisions of this section shall be made in the same manner as other claims are made against the state, and shall be allowed and paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 shall be allowed and paid once each week during a legislative session.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 145Committee on Health and Welfare
CHAPTER 33
AN ACT relating to emergency medical care; changing the term paramedic to advanced emergency medical technician-ambulance.
[Approved February 28, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 41.505 is hereby amended to read as follows:
41.505 Any physician or registered nurse who in good faith gives instruction to [a paramedic] an advanced emergency medical technician-ambulance, as defined by NRS 630.430, at the scene of an emergency, and the [paramedic] advanced emergency medical technician-ambulance who obeys such instruction, 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 such emergency care.
Sec. 2. NRS 450.480 is hereby amended to read as follows:
450.480 Any hospital, rescue unit or ambulance service which meets minimum requirements established by the state board of health may utilize [paramedics] advanced emergency medical technicians-ambulance, as defined by NRS 630.430, for the rendering of emergency medical care to the sick or injured:
κ1975 Statutes of Nevada, Page 38 (CHAPTER 33, AB 145)κ
1. At the scene of an emergency and during transport to a hospital;
2. While in a hospital emergency department; and
3. Until responsibility for care is assumed by the regular hospital staff.
Sec. 3. NRS 630.430 is hereby amended to read as follows:
630.430 As used in NRS 630.430 to 630.450, inclusive, [paramedic] advanced emergency medical technician-ambulance means a person specially trained in emergency medical care, including cardiac care, in a training program certified by the state board of health and individually certified by the state health officer as having satisfactorily completed the training program.
Sec. 4. NRS 630.440 is hereby amended to read as follows:
630.440 1. A training program for [paramedics] advanced emergency medical technicians-ambulance shall include at least 500 hours of training, including but not limited to 300 hours of didactic and 200 hours of clinical instruction. The program shall include cardiac care and emergency vehicle experience.
2. A certified [paramedic] advanced emergency medical technician-ambulance must undergo at least 40 hours of further or refresher training yearly in order to maintain his certification, and is subject to reexamination every 2 years by the state health officer.
Sec. 5. NRS 630.450 is hereby amended to read as follows:
630.450 [A paramedic] An advanced emergency medical technician-ambulance may:
1. Render rescue, first-aid and resuscitation services.
2. During training at a hospital and while caring for patients in a hospital administer parenteral medications under the direct supervision of a physician or a registered nurse.
3. Perform cardiopulmonary resuscitation and defibrillation in a pulse-less, nonbreathing patient.
4. Where voice contact or a telemetered electrocardiogram is monitored by a physician or a registered nurse supervised by a physician, and direct communication is maintained, upon order of such physician or nurse perform such procedures and administer such drugs as are approved by the state board of health, which may include but are not limited to:
(a) Administer intravenous saline or glucose solutions.
(b) Perform gastric suction by intubation.
(c) Administer airway intubation by esophageal tube or endotracheal tube.
(d) Perform needle aspiration of the chest.
(e) Perform surgical exposure of a vein or artery.
(f) Perform a phlebotomy or draw blood specimens for analysis.
(g) Administer drugs of the following classes:
(1) Antiarrhythmic agents.
(2) Vagolytic agents.
(3) Chronotropic agents.
(4) Analgesic agents.
(5) Alkalizing agents.
(6) Vasopressor agents.
κ1975 Statutes of Nevada, Page 39 (CHAPTER 33, AB 145)κ
(7) Diuretics.
(8) Narcotic antiagents.
(9) Anticonvulsive agent.
(10) Volume expanding agents.
(11) Topical ophthalmic solution.
(12) Intravenous glucose.
(13) Antihistaminic.
(14) Steroids.
(15) Bronchodilatators.
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Senate Bill No. 54Committee on Judiciary
CHAPTER 34
AN ACT relating to search warrants; specifying that a search warrant shall be served between 7 a.m. and 7 p.m., unless the magistrate directs otherwise.
[Approved March 4, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 179.045 is hereby amended to read as follows:
179.045 1. A search warrant shall issue only on affidavit or affidavits sworn to before the magistrate and establishing the grounds for issuing the warrant. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he must issue a warrant identifying the property and naming or describing the person or place to be searched.
2. The warrant shall be directed to a peace officer in the county where the warrant is to be executed. It shall state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof. It shall command the officer to search forthwith the person or place named for the property specified.
3. The warrant shall direct that it be served [in the daytime,] between the hours of 7 a.m. and 7 p.m., unless the magistrate, upon a showing of good cause therefor, inserts a direction that it be served at any time.
4. It shall designate the magistrate to whom it shall be returned.
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κ1975 Statutes of Nevada, Page 40κ
Senate Bill No. 166Senators Raggio and Dodge
CHAPTER 35
AN ACT relating to the Local Government Employee-Management Relations Act; providing that agreements between local government employers and employee organizations may extend beyond the term of office of any member or officer of the local government employer; and providing other matters properly relating thereto.
[Approved March 4, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 288 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Agreements entered into between local government employers and employee organizations pursuant to this chapter may extend beyond the term of office of any member or officer of the local government employer.
Sec. 2. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency shall, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, short-term financing repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof shall cease to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities or towns, school districts or special districts, by the district attorney.
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:
(a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract [.] or contracts entered into between local government employers and employee organizations.
(f) Contracts between a local government and any person, firm or corporation for the construction or completion of public works, funds for which have been provided by the proceeds of a sale of bonds or short-term financing. Unappropriated surplus funds shall not be used unless appropriated in a manner provided by law.
Sec. 3. Any agreement entered into between a local government employer and an employee organization pursuant to chapter 288 of NRS which agreement is in existence on the effective date of this act is valid even though its terms extend beyond the term of office of any member or officer of the local government employer.
κ1975 Statutes of Nevada, Page 41 (CHAPTER 35, SB 166)κ
which agreement is in existence on the effective date of this act is valid even though its terms extend beyond the term of office of any member or officer of the local government employer.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 106Committee on Government Affairs
CHAPTER 36
AN ACT relating to parole and probation; adding to the sources from which funds, services, equipment, supplies and gifts may be accepted by the state board of parole commissioners; and providing other matters properly relating thereto.
[Approved March 4, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.1091 is hereby amended to read as follows:
213.1091 [The board shall have the power to accept from the United States of America or any of its agencies such advisory services, funds, equipment and supplies as may be made available to this state for the purposes of probation and parole, and to]
1. The board may accept:
(a) Advisory services, funds, equipment and supplies made available by any Act of Congress for any program administered by the department or any of its divisions.
(b) Funds and contributions made available by a county, a city or any other political subdivision of this state for any program administered by the department or any of its divisions.
(c) Funds, contributions, gifts, grants, bequests and services made available by a public or private corporation, a partnership, an association or individuals for any program administered by the department or any of its divisions.
2. The board may enter into such contracts and agreements with the United States of America or any of its agencies as may be necessary, proper and convenient.
________
Senate Bill No. 71Committee on Judiciary
CHAPTER 37
AN ACT relating to the state public defender; enabling the state public defender, prior to designation as counsel for an indigent, to interview the indigent when he is arrested and confined for public offense; and providing other matters properly relating thereto.
[Approved March 4, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 180.060 is hereby amended to read as follows:
180.060 1. The state public defender may, prior to being designated as counsel for an indigent person pursuant to NRS 171.188, interview such person when he has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.
κ1975 Statutes of Nevada, Page 42 (CHAPTER 37, SB 71)κ
such person when he has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.
2. The state public defender shall, when designated pursuant to NRS 171.188, represent, without charge, each indigent person who is under arrest and held for a public offense.
[2.] 3. When representing an indigent person, the state public defender shall:
(a) Counsel and defend him, if he is held in custody and charged with a public offense, at every stage of the proceedings, including revocation of probation or parole, following his designation by the appropriate judge of the district court, justice of the peace or municipal or police judge; and
(b) Prosecute any appeals or other remedies before or after conviction that he considers to be in the interests of justice.
[3.] 4. In cases of post-conviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the supreme court, the state public defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the state public defender.
Sec. 2. NRS 180.090 is hereby amended to read as follows:
180.090 Except as provided in subsection [3] 4 of NRS 180.060, the provisions of this chapter apply only to counties in which the office of public defender has not been created pursuant to the provisions of chapter 260 of NRS.
Sec. 3. NRS 260.050 is hereby amended to read as follows:
260.050 When representing an indigent person, the public defender shall:
1. Counsel and defend him, if he is held in custody and charged with a public offense at every stage of the proceedings, including revocation of probation or parole, following his designation by the appropriate judge of the district court, justice of the peace or municipal or police judge; and
2. Prosecute, subject to the provisions of subsection [3] 4 of NRS 180.060, any appeals or other remedies before or after conviction that he considers to be in the interests of justice.
________
Senate Bill No. 104Committee on Government Affairs
CHAPTER 38
AN ACT relating to interstate waters; exempting certain powers of the administrator of the division of Colorado River resources of the state department of conservation and natural resources from regulation by the public service commission of Nevada; and providing other matters properly relating thereto.
[Approved March 4, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 538 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1975 Statutes of Nevada, Page 43 (CHAPTER 38, SB 104)κ
Notwithstanding any provision of chapter 704 of NRS, any purchase of power or water for distribution or exchange, and any subsequent distribution or exchange of such power or water by the administrator pursuant to the provisions of NRS 538.041 to 538.251, inclusive, shall not be subject to regulation by the public service commission of Nevada.
Sec. 2. NRS 538.041 is hereby amended to read as follows:
538.041 As used in NRS 538.041 to 538.251, inclusive [:] , and section 1 of this act:
1. Administrator means the administrator of the division of Colorado River resources.
2. Commission means the Colorado River advisory commission.
3. Director means the director of the state department of conservation and natural resources.
4. Division means the division of Colorado River resources of the state department of conservation and natural resources.
Sec. 3. NRS 538.141 is hereby amended to read as follows:
538.141 The administrator shall employ, pursuant to chapter 284 of NRS, such assistants and employees as may be necessary to carry out the purposes of NRS 538.041 to 538.251, inclusive, and section 1 of this act, and NRS 321.390 to 321.536, inclusive, into effect. Such assistants and employees shall have such duties as may be prescribed by the administrator.
Sec. 4. NRS 538.181 is hereby amended to read as follows:
538.181 1. The division shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, and section 1 of this act for the State of Nevada, and is empowered to lease, sublease, let, sublet, contract or sell the same on such terms as the administrator shall determine.
2. Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada shall, before the application is approved, provide an indemnifying bond by a corporation qualified under the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the administrator may require, conditioned for the full and faithful performance of such lease, sublease, contract or other agreement.
3. The power and water shall not be sold for less than the actual cost to the State of Nevada.
4. Before any such sale or lease is made, the same shall be advertised in two papers of general circulation published in the State of Nevada for a period of once a week for 2 weeks; and the administrator shall require any person desiring to make objection thereto to file the objection with the division within 10 days after the date of the last publication of the notice. If any objection is filed pursuant to such notice then the administrator shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.
5. Any such lease, sublease, contract or sale, either of the water or power mentioned in NRS 538.041 to 538.251, inclusive, and section 1 of this act shall not become binding upon the State of Nevada until ratified and approved by the governor and, where required by the provisions of subsection 2 of NRS 538.211, until approved by the United States.
κ1975 Statutes of Nevada, Page 44 (CHAPTER 38, SB 104)κ
Sec. 5. NRS 538.201 is hereby amended to read as follows:
538.201 The administrator may adopt such written rules and regulations governing the procedure described in NRS 538.131 to 538.191, inclusive, and section 1 of this act as may be just and reasonable.
Sec. 6. NRS 538.211 is hereby amended to read as follows:
538.211 1. Notwithstanding anything in NRS 538.041 to 538.251, inclusive, and section 1 of this act to the contrary, the administrator may request, on behalf of the State of Nevada, from the Secretary of the Interior of the United States the installation of water service facilities and electrical generating machinery and equipment or water service facilities or electrical generating machinery and equipment as the administrator in his discretion may deem necessary or convenient to meet and serve the future water and power demands and requirements of the State of Nevada, and he shall negotiate for and obtain and enter into and execute and cause to be executed such contracts, documents and instruments as are appropriate and requisite to carry such requests into effect.
2. In the contracts, documents and instruments referred to in subsection 1, the administrator may:
(a) Obligate the State of Nevada to repay the cost of water service facilities constructed by the United States;
(b) Obligate the division to operate and maintain water service facilities constructed by the United States;
(c) Sell Colorado River water, at wholesale, and deliver it through water service facilities constructed by the United States under contracts to be approved by the United States and upon charges which will yield to the division revenues sufficient to repay the costs of such facilities and their operation and maintenance and, in addition, the cost of the water;
(d) Require each purchaser of Colorado River water from the division to exercise such powers as such purchaser may possess to levy and collect taxes or assessments for the purposes of meeting the charges payable to the division; and
(e) Agree to institute in the eighth judicial district court of the State of Nevada, and to prosecute to final judgment, including appellate review, proceedings to determine the validity of any contract or other obligation entered into with the United States under the provisions of subsection 1. Jurisdiction is hereby conferred upon such court, and generally upon each of the district courts of the State of Nevada, to conduct proceedings for such purpose as in the ordinary case of the judicial determination of proceedings, contracts, bonds and obligations of water conservancy districts as provided in NRS 541.380 to 541.420, inclusive. Such proceedings may be initiated by and in the name of the administrator.
3. In the event of the installation of any water service facilities and electrical generating machinery and equipment or water service facilities or electrical generating machinery and equipment pursuant to a request therefor by the administrator, the faith and credit of the State of Nevada hereby is and shall be irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of this state, in any contract heretofore or hereafter entered into with the United States of America.
κ1975 Statutes of Nevada, Page 45 (CHAPTER 38, SB 104)κ
Sec. 7. NRS 538.221 is hereby amended to read as follows:
538.221 1. The administrator may:
(a) Hold hearings.
(b) Receive and hear objections filed to the granting of contracts after advertisement.
(c) Require the attendance of witnesses.
(d) Take testimony whenever he deems it necessary to carry out the provisions of NRS 538.041 to 538.251, inclusive [.] , and section 1 of this act.
2. The administrator may administer oaths to any witnesses called to testify at any hearing or proceeding before him.
Sec. 8. NRS 538.231 is hereby amended to read as follows:
538.231 1. Revenues received from the sale of water delivered through the water service facilities referred to in NRS 538.211 shall be applied and disbursed by the division in the following order:
(a) To the payment to the Federal Government or to the division for the cost of operation and maintenance of such works and facilities.
(b) To the payment to the Federal Government of cost of construction of such works and facilities allocated by the Secretary of the Interior for reimbursement under any contracts therefor.
(c) To the payment of compensation and expenses of the division and all other obligations incurred through performance by the division of the duties designated in NRS 538.041 to 538.251, inclusive [.] , and section 1 of this act.
(d) To the repayment to the State of Nevada of any moneys advanced or appropriated to the division, such repayment to be placed in and to be a part of the general fund of the state.
2. Revenues received from the sale of power or water other than provided for in subsection 1 or otherwise shall be applied and disbursed by the division in the following order:
(a) To the payment to the Federal Government of the cost of electrical energy and the generation and delivery thereof in accordance with bills rendered by the Secretary of the Interior of the United States.
(b) To the payment to other entities of the cost of water and the cost of electrical energy and the generation thereof or the cost of water or the cost of electrical energy and the generation thereof in accordance with bills rendered by such entities.
(c) To the payment of compensation and expenses of the division and all other obligations incurred through performance by the division of the duties designated in NRS 538.041 to 538.251, inclusive [.] , and section 1 of this act.
(d) To the repayment to the State of Nevada of any moneys advanced or appropriated to the division, such repayment to be placed in and to be a part of the general fund of the state.
________
κ1975 Statutes of Nevada, Page 46κ
Senate Bill No. 62Committee on Transportation
CHAPTER 39
AN ACT to amend NRS 485.303, relating to drivers licenses and registration, by removing the provision that a discharge in bankruptcy does not relieve a judgment debtor from certain requirements of the Motor Vehicle Safety Responsibility Act.
[Approved March 4, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 485.303 is hereby amended to read as follows:
485.303 [1.] Such license, registration and nonresidents operating privilege shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is stayed, satisfied in full or to the extent hereinafter provided and until the person gives proof of financial responsibility subject to the exemptions stated in NRS 485.302 and 485.305.
[2. A discharge in bankruptcy following the rendering of any such judgment shall not relieve the judgment debtor from any of the requirements of NRS 485.301 to 485.3099, inclusive.]
________
Senate Bill No. 105Committee on Government Affairs
CHAPTER 40
AN ACT relating to the state engineer; eliminating the state engineers revolving fund; providing for use and accounting of certain fees; and providing other matters properly relating thereto.
[Approved March 4, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 533.435 is hereby amended to read as follows:
533.435 1. The following fees shall be collected by the state engineer:
For examining and filing an application for permit to appropriate water ................................................................................................. $25.00
The $25 fee shall include the cost of publication, which publication fee is [fixed at] $15.
For examining and filing an application for permit to change the point of diversion, manner of use, or place of use......................... 30.00
The $30 fee shall include the cost of permit should the same issue thereunder, and the cost of publication of such application, which publication fee is [fixed at] $15.
κ1975 Statutes of Nevada, Page 47 (CHAPTER 40, SB 105)κ
For issuing and recording permit to appropriate water for irrigation purposes, for each acre to be irrigated, up to and including 100 acres, per acre................................................................................... $0.10
For each acre in excess of 100 acres up to and including 1,000 acres....................................................................... .05
For each acre in excess of 1,000 acres......................... .03
For issuing and recording permit for power purposes, for each theoretical horsepower to be developed.............................................. .05
For issuing final certificate under permit for power purposes, for each theoretical horsepower to be developed up to and including 100 horsepower............................................................................ .25
For each horsepower in excess of 100 horsepower up to and including 1,000 horsepower................................ .20
For each horsepower in excess of 1,000 horsepower.................. .15
For issuing and recording permit to store water....................... 25.00
For issuing final certificate under permit to store water, for each acre-foot of water stored up to and including 1,000 acre-feet............. .05
For each acre-foot in excess of 1,000 acre-feet.......... .03
For issuing and recording permit to appropriate water for any other purpose, for each second-foot of water applied for or fraction thereof ................................................................................................. 10.00
For filing secondary permit under reservoir permit................... 5.00
For approving and recording permit under reservoir permit... 5.00
For filing proof of commencement of work................................ 1.00
For filing proof of completion of work........................................ 1.00
For filing proof of beneficial use.................................................. 1.00
For filing any protest..................................................................... 10.00
For filing any application for extension of time within which to file proofs ................................................................................................. 5.00
For filing any assignment or water right deed, for each water right assigned................................................................................................. 1.00
For filing any other instrument.................................................... 1.00
For making copy of any document recorded or filed in his office, for the first 100 words....................................................................... 1.00
For each additional 100 words or fraction thereof.... .20
Where the amount exceeds $5, then only the actual cost in excess of that amount shall be charged.
For certifying to copies of documents, records or maps, for each certificate ................................................................................................. 1.00
For blueprint copy of any drawing or map, per square foot.... .15
The minimum charge for a blueprint copy, [shall be,] per print 1.00
2. When fees are not specified in subsection 1 for such other work as may be required of his office, the state engineer shall collect the actual cost of the work.
κ1975 Statutes of Nevada, Page 48 (CHAPTER 40, SB 105)κ
as may be required of his office, the state engineer shall collect the actual cost of the work.
3. The [sum of $10 shall be the] minimum fee for issuing and recording any permit [.] is $10.
4. Except as otherwise provided in this subsection, all fees collected by the state engineer under the provisions of this section shall be [accounted for and paid by him into the general fund of] deposited in the state treasury [once each month.] for credit to the general fund. All fees received [by the state engineer] for blueprint copies of any drawing or map shall be kept by him and used only to pay costs of printing and maintenance of printing equipment. Any [moneys received by the state engineer as] publication fees [and] received which are not used by him for [that purpose] publication expenses shall be returned to the [person who paid the same.] persons who paid the fees. If, after [exercise of] exercising due diligence, the state engineer is unable to [refund such moneys to the person who paid the same,] make the refunds, he shall [pay such moneys into the general fund in the state treasury.] deposit the fees in the state treasury for credit to the general fund. The state engineer may maintain, with the approval of the state board of examiners, a checking account in any bank qualified to handle state moneys for the purpose of carrying out the provisions of this subsection. The bank account shall be secured by a depository bond satisfactory to the state board of examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation.
Sec. 2. NRS 532.195 is hereby repealed.
________
Assembly Bill No. 20Committee on Education
CHAPTER 41
AN ACT relating to public school enrollment; revising provisions concerning the minimum age permissible for kindergarten enrollment; clarifying provisions relating to apportionment of school funds; and providing other matters properly relating thereto.
[Approved March 4, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 388.030 is hereby amended to read as follows:
388.030 Whenever the board of trustees of a school district shall deem it necessary, the board shall divide the public schools within the school district into kindergarten, elementary, high school and other permissible departments, and shall employ competent and legally qualified teachers for the instruction of the different departments; provided:
1. That such division into departments shall be in accordance with the state courses of study and all rules and regulations of the state department of education; and
κ1975 Statutes of Nevada, Page 49 (CHAPTER 41, AB 20)κ
2. That there shall be money for all such departments; if not, then the division shall be in the order in which the departments are named in this section, excepting the kindergarten department, which shall not be considered as taking precedence over the elementary or high school departments. [; and
3. No child is eligible to attend kindergarten who will not reach the age required for enrollment in the first grade, as provided in NRS 392.040, during the year of enrollment in kindergarten.]
Sec. 2. NRS 388.060 is hereby amended to read as follows:
388.060 1. The board of trustees of a school district, with the approval of the superintendent of public instruction, may establish, equip and maintain a kindergarten or kindergartens in a school attendance area.
2. [No child shall be eligible to attend kindergarten who will not reach the age of his enrollment in the first grade the following school year under the provisions of NRS 392.040.
3.] Any child who will arrive at the age of 5 years by September 30 may be admitted to kindergarten at the beginning of the school year and his enrollment shall be counted for apportionment purposes.
3. If a child will not arrive at the age of 5 years by September 30, the child shall not be admitted to kindergarten until the beginning of the school year following his 5th birthday.
4. The board of trustees of a school district in which a kindergarten is to be established under the provisions of this Title of NRS shall budget for such purposes by including the costs in the next regular budget for the school district.
Sec. 3. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, guardian, or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall be required to send such child to a public school during all the time such public school is in session in the school district in which such child resides.
2. [Except as provided in subsection 3, if such] Any child who will arrive at the age of 6 years by September 30 [, the child] shall be admitted to the first grade [of the school] at the beginning of the school year, and his [attendance] enrollment shall be counted for apportionment purposes. [as if he were already 6 years of age. If a child will not arrive at the age of 6 years by September 30 he shall not be admitted until the beginning of the immediately following school term.
3. Any child who will arrive at the age of 6 years by:
(a) December 31, 1971, shall be admitted to the first grade at the beginning of the school year in 1971.
(b) November 30, 1972, shall be admitted to the first grade at the beginning of the school year in 1972.
(c) October 31, 1973, shall be admitted to the first grade at the beginning of the school year in 1973.] If a child will not arrive at the age of 6 years by September 30, the child shall not be admitted to the first grade until the beginning of the school year following his 6th birthday.
________
κ1975 Statutes of Nevada, Page 50κ
Assembly Bill No. 274Assemblymen Christensen, Mello and Benkovich
CHAPTER 42
AN ACT authorizing the city of Sparks to issue, in addition to other securities for other purposes, not to exceed $70,000 of bonds for the improvement, construction, other acquisition and equipment of Stempeck Park and to expend the bond proceeds in part for the purchase, construction, other acquisition, improvement and equipment of park and recreation facilities; providing for the payment of the bonds, any prior redemption premiums due in connection therewith, and the interest thereon by annual levies and the collection of general (ad valorem) taxes; providing other details in connection therewith; otherwise stating powers, rights, privileges, duties, immunities, liabilities, disabilities, other limitations and other details in connection therewith, including, without limitation, by reference to the City Bond Law and the Local Government Securities Law; and providing other matters properly relating thereto.
[Approved March 4, 1975]
Whereas, The city council of the city of Sparks, in the county of Washoe and the State of Nevada (sometimes designated in this act as the council, the city, the county and the state, respectively), pursuant to an act entitled, An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved on March 28, 1949, and cited as chapter 180, Statutes of Nevada 1949, as from time to time amended (sometimes designated in this act as the citys charter), pursuant to the City Bond Law, cited as NRS 268.672 to 268.740, inclusive, and pursuant to the Local Government Securities Law, cited as NRS 350.500 to 350.720, inclusive, has determined that the public interest and necessity require:
(a) The purchase, construction, other acquisition, improvement and equipment of facilities to comprise a sports complex and community recreation center, including, without limitation, the acquisition by purchase, construction, or otherwise, of buildings, structures, fixtures, furniture, sites, other interests in real property, and other appurtenances incidental thereto (sometimes designated in this act as Project No. 1);
(b) The purchase, construction, other acquisition, improvement and equipment of facilities to comprise neighborhood-type parks, including, without limitation, the acquisition of buildings, structures, fixtures, furniture, sites, other interests in real property, and other appurtenances incidental thereto (sometimes designated in this act as Project No. 2); and
(c) The improvement, construction, other acquisition and equipment of Stempeck Park, including, without limitation, improving of parking facilities, construction of playing fields, restroom facilities and lighting (sometimes designated in this act as Project No. 6), (such 3 projects being in this act collectively designated as the projects); and
Whereas, On Monday, August 26, 1974, the council after dispensing with the requirement for an election by the unanimous vote of all members of the council, excluding the mayor of the city, pursuant to subsection 7, section 15.01, and section 15.02, article XV, charter, adopted 3 resolutions, among others, pertaining to each of the 3 above-designated projects, respectively, each such resolution stating in section one thereof the short title 1974 Bond Proposal No.
κ1975 Statutes of Nevada, Page 51 (CHAPTER 42, AB 274)κ
the short title 1974 Bond Proposal No. ---------- Referendum Resolution (but stating as the Proposal No. the Project No. stated above to which the resolution pertains), and further stating in part that the council proposes to incur an indebtedness on the behalf and in the name of the city by the issuance of its negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of not exceeding the amount hereinafter stated for the project to which the resolution pertains, such bonds to bear interest at a rate or rates of not exceeding 8 percent per annum, to mature serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 30 years therefrom, the bonds to be payable from general (ad valorem) taxes (except to the extent other revenues are available therefor), and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) not exceeding 8 percent per annum to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the council may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium, the maximum principal amount of the bonds to be issued for each of the respective 3 projects to be as follows:
Project Maximum Amount of
No. Principal of Bonds
1 $700,000
2 135,000
6 70,000
Maximum total: $905,000
and
Whereas, Each of the 3 resolutions pertaining to the 3 above-designated projects, also provides in part:
(a) Subject to the provisions of the resolution, the bonds may be authorized by ordinance and possibly issued as a component part of a consolidated bond issue consisting of bonds authorized for various purposes;
(b) The council by the resolution gives public notice that at the first regular meeting of the council after the expiration of the period of publication of the resolution as thereinafter specified, to-wit, at the meeting to be held on September 23, 1974, the council shall, unless a petition shall be presented to the council within 12 days from the date of the first publication of the resolution signed by not less than 100 residents of the city, as provided by the charter and otherwise by law, praying for a special election in the city upon the question of whether or not the proposed ordinance providing for the issuance of the bonds thereinabove described shall be passed, proceed to pass an ordinance providing for the issuance of the bonds in accordance with the terms of the resolution; and
(c) The resolution shall be published in full in The Sparks Tribune, a weekly newspaper published in the city at least once a week for 3 consecutive weeks by 3 weekly insertions, the first publication to be not more than 7 calendar days after the passage of the resolution; and
κ1975 Statutes of Nevada, Page 52 (CHAPTER 42, AB 274)κ
Whereas, No petition has been filed praying for a special election in the city with respect to any of the 3 proposals and the time within which such a petition might be filed has expired; and
Whereas, After taking all action requisite and preliminary thereto, pursuant to the charter, as supplemented by the City Bond Law, by the Local Government Securities Law, and by all laws amendatory thereof and supplemental thereto, and pursuant to a resolution (designated in section 1 thereof by the short title 1175 Public Sale Resolution), adopted by the council, it provided for the public sale of the negotiable, coupon, City of Sparks, Nevada, General Obligation Various Purposes Bonds, Series January 1, 1975 (sometimes designated in this act as the bonds), in the aggregate principal amount of $905,000, to defray wholly or in part the cost of each of the 3 projects, and provided that sealed bids would be received and publicly opened for the bonds on January 7, 1975, in Sparks, Nevada; and
Whereas, After published and mailed advertisement therefor, sealed bids were so received and publicly opened at the designated place, date and hour, and the citys financial consultant, the city manager, and the citys director of its department of finance (sometimes designated in this act as the financial consultant, the manager, and the treasurer, respectively), as directed by the council, caused all bids so submitted for the purchase of the bonds to be tabulated and analyzed; and
Whereas, The financial consultant, manager and the treasurer then determined that the bid submitted by the First National Bank of Nevada (Head Office) (sometimes designated in this act as the purchaser), in Reno, Nevada, for the purchase of the bonds at a price consisting of the principal amount thereof, accrued interest thereon from their date to the date of their delivery, and a premium of $547, and otherwise upon the terms and conditions therein provided, constitutes the best and only bid submitted by a responsible bidder for the bonds; and
Whereas, The manager and the treasurer, acting on the behalf and in the name of the city, thereupon accepted such bid, subject to further formal action of the council; and
Whereas, Shortly thereafter the city received notification from the state that the tract of state-owned land within the city, used for park and recreation purposes and designated as Stempeck Park was being withdrawn from the city and could no longer be developed or used for such purposes, but that another tract of state-owned land would be made available for such development and use by the city within the county; and
Whereas, The council has adopted an ordinance cited in section 1 thereof by the short title 1175 Bond Ordinance authorizing the issuance of the bonds to defray the costs of Project No. 1 by the expenditure of bond proceeds not exceeding $700,000, the costs of Project No. 2 by the expenditure of bond proceeds not exceeding $135,000, and the costs of Project No. 6 by the expenditure of bond proceeds not exceeding $70,000; and
Whereas, The citys bond counsel has expressed the opinion that, unless otherwise authorized by state act, counsel will feel compelled to decline approving the issuance of the bonds because the $70,000 principal amount of the issue authorized to defray wholly or in part the costs of Project No.
κ1975 Statutes of Nevada, Page 53 (CHAPTER 42, AB 274)κ
costs of Project No. 6 can no longer be used, in view of the above-designated state action, to improve, construct, otherwise acquire and equip the tract known as Stempeck Park during the period when the referendum resolution pertaining thereto was published and when residents of the city may petition the council praying for a special election in the city upon the question of whether or not the proposed bond ordinance shall be passed, because to the extent of such $70,000 in principal amount of the bond issue the bonds are not authorized for a legally proper purpose, in view of the impossibility of the project, and because the bond issue as sold to the purchaser would be materially modified by a reduction of the issue by $70,000 principal amount and by the deletion of Project No. 6 from the purposes for which the bonds are issued; and
Whereas, It is hereby declared, as a matter of legislative determination:
(a) The market for municipal bonds have recently reached historic lows and interest rates relating thereto then reached historic highs;
(b) The legislature by exercising its plenary power by this act desires to permit the city to issue the bonds in accordance with its contract to sell them under the 1175 Public Sale Resolution and the 1175 Bond Ordinance and to expend $70,000 principal amount thereof on a project or projects similar to Project No. 6 even though it is no longer feasible; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. The city of Sparks, acting by and through the city council, in addition to the powers elsewhere conferred upon the city, is by this act, as supplemented by the provisions of the citys charter, the City Bond Law and the Local Government Securities Law, authorized and empowered, without the necessity of the publication of another referendum resolution, holding an election or other or further preliminaries:
(a) To issue independent of any debt limitation or other restriction in one series or more at any time or from time to time but not after 6 years from the effective date of this act, as the council may determine, the citys negotiable, coupon, general obligation bonds in accordance with the 1175 Public Sale Resolution and the 1175 Bond Ordinance or otherwise:
(1) In the aggregate principal amount of not exceeding $700,000 to defray wholly or in part the cost of Project No. 1;
(2) In the aggregate principal amount of not exceeding $135,000 to defray wholly or in part the cost of Project No. 2; and
(3) In the aggregate principal amount of not exceeding $70,000 ostensibly to defray wholly or in part the cost of Project No. 6;
(b) To issue such bonds bearing interest at a rate or rates of not exceeding 8 percent per year, maturing serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 30 years therefrom, payable from general (ad valorem) taxes (except to the extent any other moneys are available therefor), and being issued and sold at, above or below par at an effective interest rate (including any sale discount) not exceeding 8 percent per year to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the council may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium;
κ1975 Statutes of Nevada, Page 54 (CHAPTER 42, AB 274)κ
(including any sale discount) not exceeding 8 percent per year to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the council may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium;
(c) To expend $70,000 principal amount of bond proceeds issued ostensibly for Project No. 6 by defraying wholly or in part the cost of the purchase, construction, other acquisition, improvement and equipment of park and recreation facilities for the city and its inhabitants and located within or without the city or both within and without the city but solely within the county;
(d) To undertake and complete each of the projects for which the bonds are respectively authorized by this act; and
(e) To exercise the incidental powers provided in the Local Government Securities Law in connection with the powers authorized by this act except as therein and herein otherwise expressly provided.
2. Nothing in this act prevents the council, on the behalf and in the name of the city, from funding, refunding or reissuing any securities of the city at any time as provided in the Local Government Securities Law.
Sec. 2. 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, the City Bond Law or in the Local Government 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. 3. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purpose.
Sec. 4. If any provisions 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. 5. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 55κ
Senate Bill No. 64Committee on Transportation
CHAPTER 43
AN ACT relating to motor vehicle registration; prohibiting display or possession of registration or ownership document known to be invalid or operation of vehicle with an altered identification number or mark; providing penalties; and providing other matters properly relating thereto.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.545 is hereby amended to read as follows:
482.545 It shall be unlawful for any person to commit any of the following acts:
1. To operate, or for the owner thereof knowingly to permit the operation of, upon a highway any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the department for the current registration period or calendar year, subject to the exemption allowed in NRS 482.320 to 482.355, inclusive, 482.385 to 482.395, inclusive, and 482.420.
2. To display or cause or permit to be displayed or to have in possession any registration [card or registration number plate] certificate, license plate, certificate of ownership or other document of title knowing the same to be fictitious or to have been canceled, revoked, suspended or altered.
3. To lend to or knowingly permit the use of by one not entitled thereto any registration card or registration number plate issued to the person so lending or permitting the use thereof.
4. To fail or to refuse to surrender to the department, upon demand, any registration card or registration number plate which has been suspended, canceled or revoked as provided in this chapter.
5. To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application.
6. To knowingly operate a vehicle which has an altered vehicle identification number, serial number, motor number, other distinguishing number or identification mark required for registration purposes.
________
κ1975 Statutes of Nevada, Page 56κ
Assembly Bill No. 254Assemblymen Mello, Glover, Dini, Jacobsen, Robinson, Wittenberg, Bremner, Weise and Brookman
CHAPTER 44
AN ACT making an additional and supplemental appropriation from the general fund in the state treasury for the support of the northern Nevada childrens home division of the youth services agency of the department of human resources; and providing other matters properly relating thereto.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year ending June 30, 1975, there is hereby appropriated from the general fund in the state treasury the sum of $22,000 to the northern Nevada childrens home division of the youth services agency of the department of human resources for the purpose of meeting increased costs for food and medicine as an additional and supplemental appropriation to that allowed and made by section 33 of chapter 769, Statutes of Nevada 1973.
Sec. 2. After June 30, 1975, the unexpended balance of the appropriation made by section 1 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 246Assemblymen Dini and Mello
CHAPTER 45
AN ACT making an additional and supplemental appropriation from the general fund in the state treasury to the department of the military; and providing other matters properly relating thereto.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year ending June 30, 1975, there is hereby appropriated from the general fund in the state treasury to the department of the military the sum of $16,000 as an additional and supplemental appropriation to that allowed and made by section 39 of chapter 769, Statutes of Nevada 1973.
Sec. 2. After June 30, 1975, the unexpended balance of the appropriation made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 57κ
Assembly Bill No. 244Assemblymen Bremner, Brookman, Mello, Robinson, Banner, Vergiels, Price, Mann, Lowman, Sena, Wittenberg, Howard, Glover and Barengo
CHAPTER 46
AN ACT making additional and supplemental appropriation from the general fund in the state treasury to the southern Nevada childrens home division in the youth services agency of the department of human resources; and providing other matters properly relating thereto.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year ending June 30, 1975, there is hereby appropriated from the general fund in the state treasury the sum of $22,000 to the southern Nevada childrens home division in the youth services agency of the department of human resources for the purpose of meeting increased costs of food and medicine due to inflation as an additional and supplemental appropriation to that allowed and made by section 33 of chapter 769, Statutes of Nevada 1973.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 216Committee on Ways and Means
CHAPTER 47
AN ACT making additional and supplemental appropriation from the general fund in the state treasury for the support of the office of the extradition clerk.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year ending June 30, 1973, there is hereby appropriated from the general fund in the state treasury the sum of $3,770 to the office of the extradition clerk as an additional and supplemental appropriation to that allowed and made by section 2 of chapter 588, Statutes of Nevada 1971.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 58κ
Assembly Bill No. 168Assemblymen Brookman, Bremner, Vergiels, Banner, Robinson, Demers, Dreyer, Mann, Price, Murphy, Barengo, Jeffrey, Heaney, Polish, Getto, Weise, Bennett, Hayes, Ford, Benkovich, Coulter, Hickey, Chaney and Dini
CHAPTER 48
AN ACT relating to aging services; expanding provisions for composition, organization and functions of state advisory committee on older Americans in the division of aging services of the department of human resources; and providing other matters properly relating thereto.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 427A.130 is hereby amended to read as follows:
427A.130 1. [For the purpose of advising the department, the director and the administrator on matters bearing on their responsibilities under this chapter the director is authorized to appoint an advisory committee on older Americans consisting of such number of persons as the director may determine. Members shall be selected from among persons who are experienced in or have demonstrated particular interest in special problems of the aging.
2. Members of the advisory committee shall receive no compensation but shall, while attending meetings or otherwise engaged on business of such advisory committee, receive traveling expenses and subsistence allowances in the amounts provided by NRS 281.160.
3. The administrator is authorized to furnish to the advisory committee such technical and secretarial assistance and such pertinent data available to him as the advisory committee may require to carry out its functions.] There is hereby created within the division a state advisory committee on older Americans whose function shall be to make recommendations to the division concerning policies for providing services to the elderly of the State of Nevada under the provisions of the Older Americans Act of 1965 (42 U.S.C. § 3001 et seq.), as amended from time to time.
2. The committee shall be composed of 11 members appointed by the director on the basis of experience with or recognized interest in and knowledge of the problems of and services for the aging.
3. Committee members shall be selected on a geographic basis to give statewide representation in general proportion to the elderly population, except that:
(a) Not more than four members may represent counties having a population of 200,000 or more;
(b) Not more than three members may represent counties having a population of 100,000 or more but less than 200,000,
as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 2. Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 5, inclusive, of this act.
Sec. 3. 1. Each member of the advisory committee shall serve for a term of 2 years. A member may not serve more than three consecutive terms.
κ1975 Statutes of Nevada, Page 59 (CHAPTER 48, AB 168)κ
2. A member may be dismissed by the director for cause, and failure to attend committee meetings constitutes cause.
3. Any vacancy resulting from death, resignation or dismissal shall be filled by appointment for the balance of the unexpired term.
Sec. 4. 1. The advisory committee shall meet at least once each calendar quarter and more frequently if called by the administrator.
2. Six members constitute a quorum for the transaction of business.
3. At the first meeting after the appointment of any new member, the committee shall organize by electing one of its members as chairman.
4. The committee shall adopt regulations for its own management and government.
5. The chairman may appoint subcommittees to consider and make recommendations on specific problems within the scope of the functions of the advisory committee.
6. The administrator or his designee shall act as the nonvoting recording secretary and keep minutes of the transactions of each session of the advisory committee. The minutes are public records and shall be filed with the division.
Sec. 5. Members of the advisory committee shall serve without compensation but are entitled to travel expenses and subsistence allowances as provided by law while engaged in the performance of their official duties.
________
Assembly Bill No. 135Committee on Health and Welfare
CHAPTER 49
AN ACT relating to the rehabilitation division of the department of human resources; requiring the chief of each bureau of the rehabilitation division to be directly responsible to the administrator of such division; requiring the chief of each bureau to obtain the approval of the administrator prior to the employment of any staff member; and providing other matters properly relating thereto.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 232.390 is hereby amended to read as follows:
232.390 1. The administrator of the rehabilitation division of the department shall appoint, with the consent of the director, a head of each bureau of 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.
κ1975 Statutes of Nevada, Page 60 (CHAPTER 49, AB 135)κ
(d) Be directly responsible to the administrator of the rehabilitation division of the department.
3. [The] Subject to the approval of the administrator of the rehabilitation division of the department, 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. 2. NRS 426.550 is hereby amended to read as follows:
426.550 1. The bureau shall be headed by a chief who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of chief.
2. [The chief shall be directly responsible to the administrator.
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.
(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. 3. NRS 458.043 is hereby amended to read as follows:
458.043 As executive head of the bureau, the chief shall:
1. Direct and supervise all administrative and technical activities as provided by this chapter, subject to administrative supervision by the administrator of the rehabilitation division of the department.
2. Pursuant to the provisions of chapter 284 of NRS [,] and subject to the approval of the administrator of the rehabilitation division of the department, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the bureau may require.
Sec. 4. NRS 615.180 is hereby amended to read as follows:
615.180 1. The chief shall:
(a) Subject to the approval of the 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 bureau;
(c) [Appoint such personnel and prescribe their duties as he deems] Subject to the approval of the administrator of the rehabilitation division of the department, appoint such personnel as is necessary for the proper and efficient performance of the functions of the bureau;
(d) Prescribe the duties of the personnel of the bureau;
(e) 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)] (f) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and
[(f)] (g) 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.
κ1975 Statutes of Nevada, Page 61 (CHAPTER 49, AB 135)κ
2. The chief may delegate to any officer or employee of the bureau such of his powers and duties as he finds necessary to carry out the purposes of this chapter.
________
Assembly Bill No. 163Committee on Ways and Means
CHAPTER 50
AN ACT to amend NRS 334.010, relating to state automobiles, by increasing the purchase price limit for which certain automobiles may be purchased; and providing other matters properly relating thereto.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 334.010 is hereby amended to read as follows:
334.010 1. Except as otherwise provided in this subsection, and in subsections 2 and 3, and except for automobiles to be used as ambulances, any automobile purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed [$4,000] $5,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in. The state board of examiners, however, may approve the purchase of an automobile costing more than [$4,000] $5,000 if the purpose of the automobile is to carry 7 or more passengers [.] or if it is a multipurpose automobile.
2. Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed $9,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
3. Any automobile purchased for use as a highway patrol vehicle shall cost a sum of money not to exceed [$5,000] $6,000 as the entire purchase price thereof, whether to be paid for entirely in money or in part by exchange of another automobile traded in.
4. No automobile shall be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.
5. All such automobiles shall be used for official purposes only.
6. All such automobiles, except automobiles maintained for and used by the governor or by or under the authority and direction of the state board of parole commissioners, the state contractors board and auditors, the state fire marshal, the investigation and narcotics division of the department of law enforcement assistance and investigators of the state gaming control board and the attorney general, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center, shall be labeled on both sides thereof by painting the words For Official Use Only thereon in plain lettering and by placing a facsimile of the great seal of the State of Nevada thereon.
κ1975 Statutes of Nevada, Page 62 (CHAPTER 50, AB 163)κ
of the great seal of the State of Nevada thereon. The facsimile shall not be less than 8 inches in diameter and shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible. The public service commission of Nevada shall furnish each state department or officer with stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on each such automobile and shall charge the necessary costs thereof to the department or officer receiving the same.
7. Any officer or employee of the State of Nevada who violates any provision of this section shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 65Committee on Ways and Means
CHAPTER 51
AN ACT making an appropriation from the state general fund to the state board of examiners for the purpose of paying certain claims.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the state board of examiners the sum of $10,000 for the purpose of paying certain claims of Charles Knight, the law firm of Echeverria and Osborne, and Stanley H. Brown, Esq.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 97Committee on Government Affairs
CHAPTER 52
AN ACT relating to the exchange of state lands; providing that lands received from the United States in exchange for state land may be sold only by express legislative authority.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 323.050 is hereby amended to read as follows:
323.050 All lands received from the United States in exchange for state lands [shall be subject to sale by the state according to its laws.] may be sold only by express legislative authority.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 63κ
Senate Bill No. 67Committee on Transportation
CHAPTER 53
AN ACT relating to the licensing and registration of motor vehicles; changing the standard used to determine the type of truck which may carry personalized license plates.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.3667 is hereby amended to read as follows:
482.3667 1. The department shall establish, design and otherwise prepare for issue personalized prestige license plates and shall establish all necessary procedures not inconsistent with this section for the application and issuance of such license plates.
2. The department shall issue personalized prestige license plates, upon payment of the prescribed fee, to any person who otherwise complies with the laws relating to the registration and licensing of motor vehicles or trailers for use on private passenger cars, trucks having [a rated capacity of 1 ton] an unladen weight of 6,000 pounds or less, or trailers.
3. Personalized prestige license plates shall be valid for 12 months and are renewable upon expiration. These plates may be transferred from one vehicle or trailer to another if the transfer and registration fees are paid as set out in this chapter. Any person transferring plates shall be allowed a 1/12 reduction in fees for each calendar month remaining unused from the previous registration, applicable to the fees which are for the registration year for which the plates are being transferred.
4. In case of any conflict, the person who first made application for personalized prestige license plates and has continuously renewed them by payment of the required fee shall have priority.
5. The department shall limit by regulation the number of letters and figures used, may by regulation prohibit the use of inappropriate letters or combinations, and shall not assign to any person not holding the relevant office any letters and figures denoting that the holder holds a public office.
Sec. 2. NRS 482.375 is hereby amended to read as follows:
482.375 1. An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of such amateur radio station license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of $3, shall be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. Such plate or plates may be used only on a private passenger car or on a noncommercial truck having [a rated capacity of 1 ton] an unladen weight of 6,000 pounds or less.
κ1975 Statutes of Nevada, Page 64 (CHAPTER 53, SB 67)κ
2. The department shall make such rules and regulations as are necessary to ascertain compliance with all state license laws relating to use and operation of a motor vehicle before issuing such plates in lieu of the regular Nevada license plate or plates, and all applications for such plates shall be made to the department.
Sec. 3. NRS 482.376 is hereby amended to read as follows:
482.376 1. An owner of a motor vehicle who is a resident of this state and is an enlisted or commissioned member of the Nevada National Guard may, upon signed application on a form prescribed and furnished by the department, signed by the members commanding officer and accompanied by proof of enlistment, be issued license plates upon which shall be inscribed NATL GUARD with four consecutive numbers. The applicant shall comply with the motor vehicle laws of this state, including the payment of the regular registration fees, as prescribed by this chapter. There shall be no additional fee for these special plates.
2. Each member may request two sets of license plates as described in subsection 1. The second set of plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The plates may only be used on private passenger vehicles or noncommercial trucks having [a rated capacity of 1 ton] an unladen weight of 6,000 pounds or less.
3. At least 10 days prior to a members discharge or retirement from the Nevada National Guard, the member shall surrender any such special plates in his possession to the department and, in lieu of such plates, is entitled to receive regular Nevada license plates.
4. The department may, after a hearing, adopt such rules and regulations as may be necessary for the proper administration of this section.
________
Senate Bill No. 66Committee on Transportation
CHAPTER 54
AN ACT relating to vehicle registration; allowing the department of motor vehicles to assign a distinguishing number to any trailer with an obliterated identification number and to charge a fee for assigning and recording the number; providing for fees for assignment of distinguishing numbers to homemade vehicles; and providing other matters properly relating thereto.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.290 is hereby amended to read as follows:
482.290 1. The department is authorized to assign a distinguishing number to any motor vehicle or trailer whenever the vehicle identification number thereon [shall be] has been destroyed or obliterated, and any motor vehicle or trailer to which there [shall be] is assigned a distinguishing number as authorized in this section shall be registered under such distinguishing number.
κ1975 Statutes of Nevada, Page 65 (CHAPTER 54, SB 66)κ
2. The department shall collect a fee of $2 for the assignment and recording of each such vehicle identification number [.] and for the assignment of distinguishing numbers pursuant to NRS 482.553.
3. The number by which a motor vehicle or trailer is registered shall be permanently stamped or attached to the vehicle. Willful defacement, alteration, substitution, or removal of such a number with intent to defraud shall be a gross misdemeanor.
________
Assembly Bill No. 61Committee on Taxation
CHAPTER 55
AN ACT relating to property taxation; revising provisions on use of assessment factors; and providing other matters properly relating thereto.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.227 is hereby amended to read as follows:
361.227 1. In determining the full cash value of real property, the county assessor, county board of equalization and the state board of equalization shall compute such full cash value by using each of the following factors for which information is available [:] and shall give such weight to each applicable factor as, in their judgment, is proper:
(a) The estimate of the value of the vacant land, plus any improvements made and minus any depreciation computed according to the estimated life of such improvements.
(b) The market value of the property, as evidenced by:
(1) Comparable sales in the vicinity;
(2) The price at which the property was sold to the present owner; and
(3) The value of the property for the use to which it was actually put during the fiscal year of assessment.
(c) The value of the property estimated by capitalization of the fair economic income expectancy.
[The criteria of applicability for each factor shall be prescribed by regulation of the Nevada tax commission.]
2. The county assessor shall, upon request of the owner, furnish within 10 days to any owner of property a statement of the value computed from each of the factors used and the items used in each such computation.
3. In determining the full cash value of a merchants or dealers stock in trade, the county assessor shall use the average value over the 12 months immediately preceding the date of assessment. For this purpose, the county assessor may require from such merchant or dealer a verified report of the value of his stock in trade at any time or reasonable number of times during the year.
________
κ1975 Statutes of Nevada, Page 66κ
Assembly Bill No. 68Assemblymen Ashworth, Banner, Mann, Dreyer, Benkovich, Sena, Price, Dini, Harmon, Craddock, Brookman, Schofield, Heaney, Weise, Young, Bremner, Mello, Coulter, Jeffrey, Polish, Robinson, Jacobsen, Bennett and Chaney
CHAPTER 56
AN ACT relating to shorthand reporting; lowering the minimum age required for registration as a certified shorthand reporter.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 656.180 is hereby amended to read as follows:
656.180 An applicant for a certificate of registration as a certified shorthand reporter is entitled to such certificate if he:
1. Is a citizen of the United States;
2. Is at least [21] 18 years of age;
3. Is of good moral character;
4. Has a high school education or its equivalent;
5. Is a bona fide resident of this state;
6. Satisfactorily passes an examination administered by the board; and
7. Pays the requisite fees.
________
Assembly Bill No. 63Committee on Taxation
CHAPTER 57
AN ACT relating to property taxation; requiring a county assessor to give written notice to a taxpayer of the assessed valuation of his property following an appraisal or reappraisal; setting an earlier date for county assessors to complete ascertainment of property subject to taxation; and providing other matters properly relating thereto.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.260 is hereby amended to read as follows:
361.260 1. Between July 1 and December [31] 15 in each year, the county assessor, except when otherwise required by special enactment, shall ascertain by diligent inquiry and examination all real and personal property in his county subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the same. He shall then determine the full cash value of all such property and he shall then list and assess the same at 35 percent of its full cash value to the person, firm, corporation, association or company owning it.
2. In arriving at the value of all public utilities of an intracounty nature, the intangible or franchise element shall be considered as an addition to the physical value and a portion of the full cash value.
κ1975 Statutes of Nevada, Page 67 (CHAPTER 57, AB 63)κ
3. In addition to the inquiry and examination required in subsection 1, the county assessor shall appraise property using standards approved by the Nevada tax commission, and reappraise all property at least once every 5 years thereafter using the same standards. Such appraisals and reappraisals at 5-year intervals shall be accepted as the examination required under subsection 1, for the intervening 4 years.
Sec. 2. NRS 361.300 is hereby amended to read as follows:
361.300 1. On or before January 1 of each year, the county assessor shall post at the front door of the courthouse and publish in a newspaper published in the county a notice to the effect that the tax roll is completed and open for inspection by interested persons of the county.
2. Except as otherwise provided in subsection 3, each board of county commissioners shall by resolution, prior to December 1 of any fiscal year in which assessment is made, require the county assessor to prepare a list of all the taxpayers in the county and the total valuation of property on which they severally pay taxes and direct the county assessor:
(a) To cause such list and valuations to be printed and delivered by the county assessor or mailed by him on or before January 1 of the fiscal year in which assessment is made to each taxpayer in the county; or
(b) To cause such list and valuations to be published once on or before January 1 of the fiscal year in which assessment is made in a newspaper of general circulation in the county.
3. A board of county commissioners may, in the resolution required by subsection 2, authorize the county assessor not to deliver or mail the list, as provided in paragraph (a) of subsection 2, to taxpayers whose property is assessed at $1,000 or less and direct the county assessor to mail to each such taxpayer a statement of the amount of his assessment. Failure by a taxpayer to receive such a mailed statement shall not invalidate any assessment.
4. The several boards of county commissioners in the state are authorized to allow the bill contracted with their approval by the county assessor under this section on a claim to be allowed and paid as are other claims against the county.
5. Whenever property is appraised or reappraised pursuant to NRS 361.260, the county assessor shall, on or before January 1 of the fiscal year in which the appraisal or reappraisal is made, deliver or mail to each owner of such property a written notice stating its assessed valuation as determined from the appraisal or reappraisal. Failure by the taxpayer to receive such notice shall not invalidate the appraisal or reappraisal.
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κ1975 Statutes of Nevada, Page 68κ
Assembly Bill No. 134Committee on Health and Welfare
CHAPTER 58
AN ACT relating to the rehabilitation division of the department of human resources; requiring that the administrator prepare a consolidated state plan for certain programs administered by the division for submission to the Federal Government; and providing other matters properly relating thereto.
[Approved March 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 232.370 is hereby amended to read as follows:
232.370 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, NRS 232.360 to 232.390, inclusive, 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.
3. Be responsible for the preparation of a consolidated state plan for the bureau of services to the blind, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division which he considers appropriate to incorporate into the consolidated state plan prior to submission to the Rehabilitation Services Administration of the United States Department of Health, Education and Welfare. This subsection shall not be applicable if any federal regulation exists which prohibits a consolidated plan.
Sec. 2. NRS 426.555 is hereby amended to read as follows:
426.555 Subject to the approval of the director, 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] 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.
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κ1975 Statutes of Nevada, Page 69κ
Assembly Bill No. 82Committee on Government Affairs
CHAPTER 59
AN ACT relating to water supply; directing the division of water resources of the state department of conservation and natural resources to commence negotiations with appropriate agencies of the states of Arizona and Utah concerning allocation of water supplies of the Virgin River and its tributaries; directing the state engineer to submit a progress report to the 59th session of the legislature; and providing other matters properly relating thereto.
[Approved March 7, 1975]
Whereas, There is a limited supply of water for domestic, agricultural and industrial use in the western states; and
Whereas, Nevada is the most arid of the western states and its future growth and prosperity depend upon the development of adequate water supplies; and
Whereas, The water supplies of the Virgin River and its tributaries have not been allocated among the states of Nevada, Arizona and Utah; and
Whereas, It is in the best interest of the State of Nevada to make a determination of each states entitlement to the water supplies of the Virgin River and its tributaries; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The division of water resources of the state department of conservation and natural resources is hereby directed to:
1. Commence negotiations with the appropriate agencies of the states of Arizona and Utah concerning the allocation of the water supplies of the Virgin River and its tributaries; and
2. Submit recommended legislation to the legislature, in the form of an interstate compact, which sets forth each states entitlement to such water supplies.
Sec. 2. The state engineer shall submit a report to the 59th session of the legislature concerning the progress of his negotiations with the states of Arizona and Utah.
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Senate Bill No. 55Senator Blakemore
CHAPTER 60
AN ACT relating to the Local Government Purchasing Act; permitting a member of a local government governing body to sell to such governing body services and supplies in an aggregate monthly value of $250.
[Approved March 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 332.150 is hereby amended to read as follows:
332.150 1. No member of the governing body may be interested, directly or indirectly, in any contract entered into by the governing body;
κ1975 Statutes of Nevada, Page 70 (CHAPTER 60, SB 55)κ
but the governing body may purchase services and supplies, not to exceed [$100] $250 in the aggregate in any 1 calendar month, from such a member, when not to do so would be of great inconvenience due to a lack of other local source.
2. A member who supplies pursuant to subsection 1 shall not vote on the allowance of the claim therefor.
3. A violation of this section is a misdemeanor and cause for removal from office.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 53Assemblymen Hickey, May, Mann, Polish, Jeffrey, Banner, Hayes, Sena, Schofield, Lowman, Moody, Murphy, Benkovich, Ford, Price, Harmon, Vergiels, Christensen, Demers, Heaney, Jacobsen, Dreyer, Robinson, Dini, Howard, Bennett, Chaney, Wagner, Glover, Weise, Wittenberg, Mello, Bremner, Coulter and Barengo
CHAPTER 61
AN ACT relating to property taxation; removing requirement of entry into military service from Nevada to qualify severely disabled veteran for tax exemption.
[Approved March 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.091 is hereby amended to read as follows:
361.091 1. The property to the extent of $10,000 assessed valuation of any actual bona fide resident of the State of Nevada [who entered military service from this state and] who has incurred a service-connected disability of the kind described in 38 U.S.C. § 801 as effective on the date when the exemption is claimed, and has received upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States shall be exempt from taxation.
2. For the purpose of this section the first $10,000 assessed valuation of property in which such person has any interest shall be deemed the property of such person.
3. The exemption shall be allowed only to a claimant who has made an affidavit annually, on or before the 1st Monday in August, for the purpose of being exempt on the tax roll; but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.
4. The affidavit shall be made before the county assessor or before a notary public and submitted to the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he or she meets all the other requirements of subsection 1, and that such exemption is claimed in no other county within this state.
5. Before allowing any exemption pursuant to the provisions of this section, the county assessor of each of the several counties of this state shall require proof of status of the applicant, and for that purpose shall require production of:
κ1975 Statutes of Nevada, Page 71 (CHAPTER 61, AB 53)κ
state shall require proof of status of the applicant, and for that purpose shall require production of:
(a) A certificate from the Veterans Administration that the applicant has received or is eligible to receive a grant pursuant to 38 U.S.C. ch. 21; and
(b) Any one of the following:
(1) An honorable discharge; [or]
(2) A certificate of satisfactory service; or
(3) A certified copy of either of the above.
6. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.
7. If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of such false affidavit or false proof, a tax exemption is allowed to a person not entitled to such exemption, such person is guilty of a gross misdemeanor.
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Assembly Bill No. 180Committee on Government Affairs
CHAPTER 62
AN ACT relating to hydrographic surveys; abolishing the hydrographic fund and providing for payment of costs of suit and survey related services and cost.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 533.240 is hereby amended to read as follows:
533.240 1. In any suit [which may be] brought in [any] the district court [in the state] for the determination of a right or rights to the use of water of any stream, all persons who claim the right to use the waters of such stream and the stream system of which it is a part shall be made parties.
2. When [any such] the suit has been filed, the court shall [, by its order duly entered,] direct the state engineer to furnish a complete hydrographic survey of [such] the stream system [, which survey shall be made] as provided in NRS 533.100 in order to obtain all physical data necessary to the determination of the rights involved.
3. The cost of [such] the suit, including the costs on behalf of the state and of [such] the surveys, shall be charged against each of the private parties thereto [in proportion to the amount of water right allotted.] based on a determination by the court of the relative merits of the claims made by each of the private parties. The court may assess and charge against any party at any time during the suit an equitable amount to pay the costs of the survey upon its approval of an itemized statement therefor submitted by the state engineer.
4. [In the case of any such suit now pending or hereafter commenced, the same may, at any time after its inception, in the discretion of the court, be transferred] The court may at any time transfer the suit to the state engineer for determination as provided in this chapter.
κ1975 Statutes of Nevada, Page 72 (CHAPTER 62, AB 180)κ
of the court, be transferred] The court may at any time transfer the suit to the state engineer for determination as provided in this chapter.
Sec. 2. NRS 533.315 is hereby amended to read as follows:
533.315 The cost of the hydrographic survey of the stream system and the preparation of the reports and maps by the state engineer necessary to advise the court in the matter shall [, in the first instance,] be paid by the [state engineer from the hydrographic fund provided for in NRS 533.245, which section is hereby made applicable to the proceedings provided in NRS 533.310. Such fund shall be reimbursed for such expenditures by the] water users of the stream upon approval and order of the district court of [the] an itemized statement therefor submitted by the state engineer. [in accordance with NRS 533.245.]
Sec. 3. NRS 533.245 is hereby repealed.
Sec. 4. Any unexpended balance remaining in the hydrographic fund on June 30, 1975, shall revert to the state general fund.
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Assembly Bill No. 171Committee on Government Affairs
CHAPTER 63
AN ACT to amend NRS 333.390, relating to State Purchasing Act; eliminating aggregate provision of local purchase authorization; directing using agencies to keep records of accounts and expenditures; and providing other matters properly relating thereto.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 333.390 is hereby amended to read as follows:
333.390 1. The chief may authorize local purchasing by using agencies, in accordance with the rules and specifications, of individual orders for items not scheduled for quantity purchasing, not to exceed $500 for each order, except for repair and replacement parts for heavy equipment not to exceed $1,500 for each order, at no higher prices than he may specify in the orders authorizing such local purchasing. Such local purchasing may be so authorized as in the cases of perishable articles and to meet other emergency requirements.
2. The prices on such local purchases shall be based on considerations of equal service and economy as compared with those in furnishing the same items of equal quality through the regular purchasing procedure.
3. Each such authorization shall:
(a) Be revocable.
(b) [Be issued for an aggregate amount not in excess of $1,000] Specify the limit of spending for individual orders not to exceed $500 except for repair and replacement parts referred to in subsection 1.
(c) Specify the articles to be purchased.
(d) Be operative for a period not exceeding 1 year from the date of issue.
κ1975 Statutes of Nevada, Page 73 (CHAPTER 63, AB 171)κ
4. Using agencies receiving such orders shall [report each month in writing to the chief their accounts and expenditures under such authorization,] keep a record of their accounts and expenditures under such authority, accompanied with proper evidence that competition has been secured to the extent practicable.
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Assembly Bill No. 126Committee on Transportation
CHAPTER 64
[Approved March 13, 1975]
AN ACT relating to traffic laws; requiring certain police officers to report to the department of motor vehicles driver refusals to take required chemical tests.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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.
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. 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.
κ1975 Statutes of Nevada, Page 74 (CHAPTER 64, AB 126)κ
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.
6. If a person under arrest refuses to submit to a required chemical test as directed by a police officer under this section, the police officer shall submit to the department of motor vehicles within 10 days a sworn written statement 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 the person refused to submit to the test upon the officers request.
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Assembly Bill No. 113Assemblymen Bennett and Chaney
CHAPTER 65
AN ACT relating to crippled children; requiring authorization from the health division before services may be provided for crippled children who meet certain eligibility requirements; and providing other matters properly relating thereto.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 442 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. All services purchased for crippled children pursuant to NRS 442.180 to 442.220, inclusive, shall be authorized by the health division prior to the time such services are provided, and a record of such authorizations shall be retained as part of the individuals case record in the health division.
2. Authorizations for services provided during the hours when the offices of the health division are closed may be issued retroactively, provided that:
(a) The child meets the eligibility requirements of the program; and
(b) The health division is notified by the physician, hospital or other provider of services within 72 hours following the time service was provided.
Sec. 2. NRS 442.190 is hereby amended to read as follows:
442.190 1. The department is hereby empowered and authorized:
(a) To formulate, adopt and administer, through the state board of health and the health division, a detailed plan or plans for the purposes specified in NRS 442.180.
(b) To make and adopt, through the state board of health, all such rules and regulations, not inconsistent with the provisions of NRS 442.180 to 442.220, inclusive, and section 1 of this act or of the Social Security Act, as are or may be necessary for the administration of such plan or plans and the administration of NRS 442.180 to 442.220, inclusive [.] , and section 1 of this act.
2. Such plan or plans and the rules and regulations when formulated shall be submitted to the Secretary of Health, Education, and Welfare for approval, and when approved by him shall thereupon be made effective by the state board of health for the purposes of NRS 442.180 to 442.220, inclusive [.]
κ1975 Statutes of Nevada, Page 75 (CHAPTER 65, AB 113)κ
shall be submitted to the Secretary of Health, Education, and Welfare for approval, and when approved by him shall thereupon be made effective by the state board of health for the purposes of NRS 442.180 to 442.220, inclusive [.] , and section 1 of this act.
Sec. 3. NRS 442.200 is hereby amended to read as follows:
442.200 Such plan or plans shall in any event include therein provisions for:
1. Financial participation by this state.
2. Administration of such plan or plans by the department, through the health division, and supervision by the department, through the health division, of the administration of such services included in the plan or plans which are not administered directly by the health division.
3. Such methods of administration as are necessary for efficient operation of such plan or plans.
4. Maintenance of records and preparation, submission and filing of reports of services rendered.
5. Cooperation with medical, health, nursing and welfare groups and organizations, and with any agency of the state charged with the administration of laws providing for vocational rehabilitation of physically handicapped children.
6. Receiving and expending in the manner provided in NRS 442.180 to 442.220, inclusive, and section 1 of this act, in accordance with such plan or plans, all funds made available to the department by the Federal Government, the state or its political subdivisions, or from any other source for such purposes.
7. Cooperating with the Federal Government, through its appropriate agency or instrumentality, in developing, extending and improving such services and in the administration of such plan or plans.
8. Carrying out the purposes specified in NRS 442.180.
Sec. 4. NRS 442.210 is hereby amended to read as follows:
442.210 1. The state health officer shall be the administrative officer of the health division with respect to the administration and enforcement of the provisions of NRS 442.180 to 442.220, inclusive, and section 1 of this act, and of the plan or plans formulated and adopted for the purposes of NRS 442.180 to 442.220, inclusive, and section 1 of this act, and all such rules and regulations necessary thereto and adopted by the state board of health.
2. The state health officer is hereby empowered and directed to administer and enforce all rules and regulations adopted by the state board of health for the efficient operation of such plan or plans formulated by the state board of health and the health division for the purposes of NRS 442.180 to 442.220, inclusive [.] , and section 1 of this act.
3. The state health officer shall maintain his office in Carson City, Nevada, or elsewhere in the state as directed by the director, and keep therein all records, reports, papers, books and documents pertaining to the subjects of NRS 442.180 to 442.220, inclusive, and section 1 of this act and, when directed so to do by the terms of any plan or plans perfected, or by the director, he shall provide in such places within the state such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of NRS 442.180 to 442.220, inclusive [;] , and section 1 of this act; but when the proper medical or surgical services cannot be had within the state for any crippled child the secretary of the state board of health may provide for such services in some other state.
κ1975 Statutes of Nevada, Page 76 (CHAPTER 65, AB 113)κ
442.220, inclusive [;] , and section 1 of this act; but when the proper medical or surgical services cannot be had within the state for any crippled child the secretary of the state board of health may provide for such services in some other state.
4. The state health officer shall, from time to time as directed by the Secretary of Health, Education, and Welfare, make such reports, in such form and containing such information concerning the subjects of NRS 442.180 to 442.220, inclusive, and section 1 of this act as the Secretary of Health, Education, and Welfare shall require.
5. The state health officer shall from time to time, pursuant to the rules and regulations of the Secretary of Health, Education, and Welfare and of the Secretary of the Treasury, requisition and cause to be deposited with the state treasurer all moneys allotted to this state by the Federal Government for the purposes of NRS 442.180 to 442.220, inclusive, and section 1 of this act, and the state health officer shall cause to be paid out of the state treasury the moneys therein deposited for the purposes of NRS 442.180 to 442.220, inclusive [.] , and section 1 of this act.
Sec. 5. NRS 442.220 is hereby amended to read as follows:
442.220 1. The state treasurer is hereby made custodian of all moneys appropriated by this state, allotted to this state by the Federal Government, or received by this state from other sources, for the purposes of NRS 442.180 to 442.220, inclusive [.] , and section 1 of this act.
2. The state treasurer shall receive such moneys and keep them in a special fund to be known as the crippled childrens fund, and may deposit such money in a bank or banks in the same manner as other state moneys are deposited.
3. All claims and demands against the fund shall be paid only upon the state health officer certifying such claims and demands in proper vouchers to the state controller who shall thereupon draw his warrant or warrants therefor, and the state treasurer shall pay the same.
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Assembly Bill No. 109Assemblymen Bennett, Lowman and Chaney
CHAPTER 66
AN ACT relating to licensing of foster homes for children; providing for provisional and special licenses for foster homes; and providing other matters properly relating thereto.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 424.030 is hereby amended to read as follows:
424.030 1. No person shall conduct a family foster home or a group foster home as defined in NRS 424.010 without receiving [an annual] a license to do so from the welfare division of the department of human resources.
κ1975 Statutes of Nevada, Page 77 (CHAPTER 66, AB 109)κ
2. [No] Except as provided in subsection 4, no license shall be issued to a family foster home or a group foster home until an investigation of the home and its standards of care has been made by the welfare division or a child-placing agency licensed by the welfare division.
3. Any family foster home or group foster home that conforms to the established standards of care and prescribed rules shall receive a regular license from the welfare division, which shall be in force for 1 year from the date of issuance. On reconsideration of the standards maintained, the license may be renewed annually.
4. When, because of an emergency situation, a child must be placed prior to completion of the licensing investigation, a family foster home or group foster home may be issued a provisional license for a period not to exceed 3 months, renewable for one additional period not to exceed 3 months. A provisional license may be issued to a foster home only after determination that the health and safety of the child or children placed therein will not be jeopardized. If at any time during the period a provisional license is in effect, it is determined that the foster home does not meet minimum licensing standards, the provisional license shall be revoked and any child or children placed in such home shall be promptly removed by the placing agency. If, on or before the expiration date of the provisional license, it has been determined that the foster home meets minimum licensing standards, a regular license shall be issued pursuant to the provisions of subsection 3, to be in force for 1 year from the date of issuance.
5. When a family foster home does not meet minimum licensing standards but offers values and advantages to a particular child or children and will not jeopardize the health and safety of the child or children placed therein, such family foster home may be issued a special license, which shall be in force for 1 year from the date of issuance and may be renewed annually. No foster children other than those specified on the license may be cared for in the home.
6. The license shall show:
(a) The name of the persons licensed to conduct the family foster home or group foster home.
(b) The exact location of the family foster home or group foster home.
(c) The number, age and sex of children that may be received and cared for at one time.
(d) If the license is a special license issued pursuant to subsection 5, the name of the child or children for whom the family foster home is licensed to provide care.
[5.] 7. No family foster home or group foster home [can] shall receive for care more children than are specified in the license.
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κ1975 Statutes of Nevada, Page 78κ
Assembly Bill No. 102Committee on Judiciary
CHAPTER 67
AN ACT to amend NRS 412.336, relating to appointment of trial and defense counsel, by deleting the term law officer and inserting the term military judge to conform with remaining sections of the Uniform Code of Military Justice.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 412.336 is hereby amended to read as follows:
412.336 1. For each general and special court-martial the authority convening the court shall request the state judge advocate to detail trial and defense counsel and such assistants as he considers appropriate.
2. No person who has acted as investigating officer, [law officer] military judge or court member may thereafter act as trial counsel or assistant trial counsel in the same case.
3. Unless requested by the accused, no person who has acted as investigating officer, [law officer] military judge or court member may thereafter act as defense counsel or assistant defense counsel in the same case.
4. No person who has acted for the prosecution may thereafter act for the defense in the same case; nor may any person who has acted for the defense act for the prosecution in the same case.
5. Counsel for general and special courts-martial shall be a member of the bar of the highest court of a state or of a federal court.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 77Committee on Government Affairs
CHAPTER 68
AN ACT to amend section 4 of chapter 723, Statutes of Nevada 1973, to correct technical defect in amendment of North Las Vegas city charter; and providing other matters properly relating thereto.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of chapter 723, Statutes of Nevada 1973, at page 1438, is hereby amended to read as follows:
Section 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.
κ1975 Statutes of Nevada, Page 79 (CHAPTER 68, AB 77)κ
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 supreme court law 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.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of North Las Vegas.
4. The codification may be amended or extended by ordinance.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 240Assemblyman Dreyer
CHAPTER 69
AN ACT relating to the age of majority; conforming certain provisions in NRS to chapter 753, Statutes of Nevada 1973.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 207.260 is hereby amended to read as follows:
207.260 Any person who annoys or molests any minor [under the age of 18 years] is guilty of a misdemeanor. For the second and each subsequent offense he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
Sec. 2. NRS 424.080 is hereby amended to read as follows:
424.080 Except in proceedings for adoption, no parent may voluntarily assign or otherwise transfer to another his rights and duties with respect to the permanent care, custody and control of a [female] child under 18 years of age, [or a male child under 21 years of age,] unless parental rights and duties have been terminated by order of a court of competent jurisdiction.
Sec. 3. NRS 450.010 is hereby amended to read as follows:
450.010 For the purposes of NRS 450.010 to 450.510, inclusive, taxpayers shall be deemed to include only citizens of the United States of the age of [21] 18 years and upward who, at the time of filing their petition, are registered electors of the county in which an election is proposed to be held and whose names appear on the latest assessment roll of the county as owners of real or personal property.
κ1975 Statutes of Nevada, Page 80 (CHAPTER 69, AB 240)κ
Sec. 4. NRS 609.210 is hereby amended to read as follows:
609.210 1. Every person who [shall employ, or cause] employs, or causes to be employed, [exhibit or have] exhibits or has in his custody for exhibition or employment, any minor, [actually under the age of 18 years,] and every parent, relative, guardian, employer or other person having the care, custody or control of any such minor, who [shall] in any way [procure or consent] procures or consents to the employment of such minor:
(a) In begging, receiving alms, or in any mendicant occupation; [or]
(b) In any indecent or immoral exhibition or practice; [or]
(c) In any practice or exhibition dangerous or injurious to life, limb, health or morals; [or]
(d) As a messenger for delivering letters, telegrams, packages or bundles to any house of prostitution or assignation; or
(e) In any public dancehall within this state,
[shall be] is guilty of a misdemeanor.
2. As used in this section a public dancehall [shall only include] means a dancehall where women or girls are either employed or attend for profit either directly or indirectly to themselves.
Sec. 5. NRS 129.070 and 293.129 are hereby repealed.
Sec. 6. This act shall become effective upon passage and approval.
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Assembly Bill No. 260Assemblyman Schofield
CHAPTER 70
AN ACT relating to public records; establishing a procedure for the destruction or disposition of obsolete records by local governments; and providing other matters properly relating thereto.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 239.121 is hereby amended to read as follows:
239.121 The terms defined in this section, wherever used or referred to in NRS 239.121 to 239.125, inclusive, have the following meanings unless a different meaning clearly appears in the context:
1. Custodian of records means any person authorized to have the care, custody and control of any documents, instruments, papers, books, pamphlets or any other records or writings of a local governmental entity.
2. Governing body means the governing body of a local governmental entity.
3. Local governmental entity means a county, an incorporated city, an unincorporated town, a township, a school district or any other public district or agency designed to perform local governmental functions.
4. Old records means documents, instruments, papers, books, pamphlets or any other records or writings of a local governmental entity which are at least [5] 2 years old and have been retained for any purpose by the local governmental entity.
κ1975 Statutes of Nevada, Page 81 (CHAPTER 70, AB 260)κ
pamphlets or any other records or writings of a local governmental entity which are at least [5] 2 years old and have been retained for any purpose by the local governmental entity.
Sec. 2. NRS 239.122 is hereby amended to read as follows:
239.122 1. Whenever the custodian of records determines that old records are no longer necessary for the business of the local governmental entity and no longer of value to the general public, he shall prepare a schedule of old records to be destroyed and appear before the governing body and request permission to destroy the old records listed in such schedule.
2. [If the governing body at a regular or special meeting finds that all or any part of the old records listed in the custodians schedule are no longer necessary for the business of the local governmental entity and no longer of value to the general public, it may order such records destroyed upon completion of the audit provided by subsection 3.
3. All old records ordered destroyed pursuant to this section, prior to destruction, shall be audited by a public accountant or certified public accountant, which audit may be conducted concurrently with the audit required by NRS 354.624.] The governing body may adopt a resolution authorizing the custodian to destroy any or all records listed in the schedule and such resolution may impose conditions in addition to those specified in this section.
3. The custodian of records shall maintain a photographic or microphotographic film, electronic recorded video production or some other duplicate of any record, document, instrument, book or paper scheduled for destruction. A reproduction made pursuant to this subsection shall be deemed to be the original.
4. Subsection 3 applies only to records received or prepared pursuant to state law and those expressly required by law to be filed and preserved.
[4.] 5. The custodian of records shall maintain an accounting of all old records destroyed, indicating the nature or identity of such records as well as the date of destruction.
________
Assembly Bill No. 316Assemblyman Polish
CHAPTER 71
AN ACT to amend an act entitled An Act incorporating the City of Caliente, in Lincoln County, Nevada and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved March 9, 1971, as amended.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1.050 of Article I of the above-entitled act, being chapter 31, Statutes of Nevada 1971, at page 56, is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 82 (CHAPTER 71, AB 316)κ
Section 1.050 Elective offices.
1. The elective officers of the city consist of:
(a) A mayor.
(b) [Three] Four councilmen.
2. Such officers shall be elected as provided by this charter.
Sec. 2. Section 1.060 of Article I of the above-entitled act, being chapter 31, Statutes of Nevada 1971, at page 56, is hereby amended to read as follows:
Section 1.060 Elective offices: Vacancies.
1. A vacancy in the city council or in the office of mayor shall be filled by a majority vote of the members of the city council, or the remaining members, in the case of a vacancy in the city council, within 30 days after the occurrence of such vacancy. The appointee shall have the same qualifications as are required of the elected official.
2. The appointee shall serve [the balance of the term of office to which he is appointed and until] until the next municipal election and his successor is duly elected and qualified. At the time of such election if a balance remains in the term of office to which the appointee was appointed, the successor shall be elected only for the balance of that term.
Sec. 3. Section 2.010 of Article II of the above-entitled act, being chapter 31, Statutes of Nevada 1971, at page 57, is hereby amended to read as follows:
Section 2.010 City council: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a city council consisting of [four] five councilmen, including the mayor.
2. The mayor and each councilman shall be:
(a) Bona fide residents of the city for at least 2 years immediately prior to their election.
(b) Registered voters within the city and taxpayers on real property located within the city.
3. All councilmen, including the mayor, shall be voted upon by the registered voters of the city at large and shall serve for terms of 4 years [.] except as provided in subsection 3 of section 5.010.
4. The mayor and councilmen shall receive a salary in an amount fixed by the city council. Such salary shall not be increased or diminished during the term of the recipient.
Sec. 4. Section 5.010 of Article V of the above-entitled act, being chapter 31, Statutes of Nevada 1971, at page 66, is hereby amended to read as follows:
Section 5.010 Municipal elections.
1. On the 1st Tuesday after the 1st Monday in June 1973, [and at each successive interval of 4 years,] there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, a mayor and one councilman, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
2. On the 1st Tuesday after the 1st Monday in June [1971,] 1975, and at each successive interval of 4 years thereafter, there shall be elected by the qualified voters of the city at a general election to be held for that purpose two councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
κ1975 Statutes of Nevada, Page 83 (CHAPTER 71, AB 316)κ
for that purpose two councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
3. On the 1st Tuesday after the 1st Monday in June 1975, there shall be elected by the qualified voters of the city at a general election to be held for that purpose one councilman, who shall hold office for a period of 2 years and until his successor has been elected and qualified.
4. On the 1st Tuesday after the 1st Monday in June 1977, and at each successive interval of 4 years, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, a mayor and two councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
Sec. 5. Sections 1 and 4 of this act shall become effective on passage and approval for the purpose of the 1975 municipal elections and for all other purposes on July 1, 1975.
________
Senate Bill No. 17Senator Sheerin
CHAPTER 72
AN ACT relating to restitution by persons convicted of crimes; providing that restitution may be made a condition of probation, suspension of sentence or parole under certain circumstances; and providing other matters properly relating thereto.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The court may order as a condition of probation or suspension of sentence, in appropriate circumstances, that the defendant make restitution to the person or persons named in the order, at the times and in the amounts specified in such order.
2. Failure to comply with the terms of an order for restitution is a violation of a condition of probation or suspension of sentence unless the defendants failure has been caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of such hardship.
Sec. 2. NRS 176.175 is hereby amended to read as follows:
176.175 As used in NRS 176.175 to 176.255, inclusive [:] , and section 1 of this act:
1. Board means the state board of parole commissioners.
2. Court means a district court of the State of Nevada.
3. Parole and probation officer means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.
κ1975 Statutes of Nevada, Page 84 (CHAPTER 72, SB 17)κ
Sec. 3. 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 capital murder or murder of the first or second degree, kidnaping, forcible rape, or an offense for which the suspension of sentence or the granting of probation is expressly forbidden, 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, 201.220 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] In issuing the order granting probation, the court [shall have full power to] may fix the terms and conditions thereof [in order therefor;] , including a requirement for restitution as provided in section 1 of this act; but in imposing sentence the court [shall have the power to] may 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] has 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, and section 1 of this act, 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. 4. Chapter 213 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board may impose as a condition of parole, in appropriate circumstances, a requirement that the parolee make restitution to the person or persons named in the statement of parole conditions, at the times and in the amounts specified in such statement.
2. Failure to comply with a restitution requirement imposed by the board is a violation of a condition of parole unless the parolees failure was caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of such hardship.
Sec. 5. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive [:] , and section 4 of this act:
1. Board means the state board of parole commissioners.
κ1975 Statutes of Nevada, Page 85 (CHAPTER 72, SB 17)κ
2. Department means the department of parole and probation.
3. Executive officer means the chief parole and probation officer, who is the executive officer of the department.
Sec. 6. NRS 213.1099 is hereby amended to read as follows:
213.1099 1. Except as provided in subsection 2, the board may release on parole a prisoner otherwise eligible for parole under NRS 213.107 to 213.160, inclusive, and section 4 of this act only if, from all the information known to the board, it appears to the board:
(a) That there is a reasonable probability that such prisoner will live and remain at liberty without violating the laws; and
(b) That such release is not incompatible with the welfare of society.
2. When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the [state board of parole commissioners] board from the time he is released on parole under the provisions of [chapter 213 of NRS] this chapter until the expiration of the term of imprisonment imposed by the court irrespective of any good time or other credits against such term.
________
Senate Bill No. 42Senator Monroe
CHAPTER 73
AN ACT amending NRS 252.050, relating to the location and hours of the district attorneys office; revising provisions relating to the days and hours the office must be open; permitting county commissioners to authorize district attorneys to maintain branch offices at public expense; and providing other matters properly relating thereto.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 252.050 is hereby amended to read as follows:
252.050 1. In counties where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States exceeded 2,500, district attorneys shall keep an office at the county seat of their county, which shall be kept open at least from 9 a.m. to 12 m. and 1 p.m. to 5 p.m. on all days except Saturdays, Sundays and nonjudicial days. [from 9 a.m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p.m. to 5 p.m.] Notwithstanding the provisions of this section, the board of county commissioners of any county may, by an order regularly made and entered in the record of its proceedings, [designate] extend the days and hours during which the office of the district attorney shall be kept open for the transaction of public business. [Any order so made and entered shall require the office to be kept open for not less than 40 hours during each week for the transaction of public business. The provisions of this subsection shall not apply to a district attorney when called away from his office by official duties.]
κ1975 Statutes of Nevada, Page 86 (CHAPTER 73, SB 42)κ
office by official duties.] The board of county commissioners may authorize the district attorney to rent, equip and operate, at public expense, one or more branch offices in the county.
2. In counties [where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States were 2,500 or less, a district attorney shall not be required to keep an office at the county seat of the county, but may, at his own expense, locate, equip and maintain an office anywhere within the boundaries of the county. Any district attorney who locates, equips and maintains an office elsewhere than at the county seat of his county shall first give written notice thereof to the board of county commissioners.] in which the county seat is not the principal population center, the county commissioners may authorize the district attorney to rent, equip, and operate, at public expense, a branch office at the countys principal population center. Any [office so located, equipped and maintained] such branch office shall be kept open for the transaction of public business on the days and during the hours specified in subsection 1, but the requirements thereof shall not apply to a district attorney when called away from [his] such branch office by official duties.
3. Any district attorney violating the provisions of subsection 1 or 2 is guilty of a misdemeanor. If any district attorney shall absent himself from his office, except:
(a) When called away from his office by official duties; or
(b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or
(c) When he first makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed in subsection 1 and in charge of a deputy duly qualified to act in his absence,
there shall be withheld from his monthly salary that proportion thereof as the number of days of the absence bears to the number of days of the month in which such absence occurs. Such sum shall be withheld from payment of salary to the district attorney for the next succeeding month by order of the board of county commissioners; but no order in the premises shall be made without first giving him reasonable notice and an opportunity to appear before the board and defend the charge against him.
4. Notwithstanding any other provision of this section, the district attorney in each county having a population of 700 or less, as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of where he resides or where he keeps his office, shall:
(a) Attend all meetings, regular or special, of the board of county commissioners.
(b) Spend the hours from 9 a.m. to 5 p.m. of not less than 1 day each week at the county seat, and shall make himself available to the county officers during such hours. The district attorney shall select the day of the week for his attendance at the county seat and shall thereafter spend such day each week at the county seat.
________
κ1975 Statutes of Nevada, Page 87κ
Assembly Bill No. 175Committee on Government Affairs
CHAPTER 74
AN ACT relating to public lands; changing the executive head of the division of state lands to an administrator; making him the ex officio state land registrar; correcting the designation of state land registrar from state land register; changing certain of his duties; revising fee schedules; and providing other matters properly relating thereto.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 232.110 is hereby amended to read as follows:
232.110 [The division of state lands shall be administered by the director, who shall be ex officio state land register.]
1. The executive head of the division of state lands shall be the administrator, who shall be the ex officio state land registrar.
2. The administrator shall be appointed by and be responsible to the director.
3. The administrator, with the consent of the director, may appoint deputies, assistants and employees and assign duties as required to carry out the functions of the division of state lands.
Sec. 2. NRS 232.115 is hereby amended to read as follows:
232.115 1. Before a legal description of land is submitted to the legislature or the legislative counsel bureau by any state agency or department in connection with a proposed legislative measure for the acquisition or disposition of state lands, the [director, as administrative] administrator as executive head of the division of state lands and ex officio state land [register,] registrar shall attach a certificate verifying the completeness and accuracy of the description.
2. The certificate shall include the statement, The attached or foregoing description has been verified as being a complete and accurate legal description of the land involved in the proposed transaction. The certificate shall be signed by the person who actually examined and verified the description as well as by the [director.] administrator.
Sec. 3. NRS 232.158 is hereby amended to read as follows:
232.158 1. The assistant director appointed pursuant to the provisions of NRS 232.157 shall, under the direction of the director, make a study of and prepare a report on state land problems. The required study shall include, but is not limited to:
(a) An evaluation of state lands, which will determine insofar as possible the existing and future needs for such lands by state agencies and institutions.
(b) The preparation of a plan for the disposition, transfer or retention of such lands.
(c) The results of investigations concerning the possibilities of exchanging state lands with the Federal Government or the acquisition of additional lands under existing federal statutes.
2. The director shall transmit the report to the 1967 session of the legislature. The report shall:
κ1975 Statutes of Nevada, Page 88 (CHAPTER 74, AB 175)κ
(a) Suggest legislative action to be taken concerning state lands in accordance with the plan.
(b) Recommend to the legislature any changes in state land laws which may be necessary to insure the most equitable solution to the states land problems.
(c) Evaluate existing problems concerning lands held in the names of state agencies and institutions and make recommendations for correction.
(d) Relate what revisions in procedure have been made or which will be made in the office of the state land [register] registrar to effect the greatest efficiency in implementing the plan.
3. Except as otherwise provided in this subsection, and notwithstanding the provisions of chapters 321, 322 and 323 of NRS, the state land [register] registrar shall not sell, lease or exchange any state lands until the report required by subsection 2 is transmitted to the legislature and the legislature, by concurrent resolution thereafter adopted, authorizes the resumption of sales, leases or exchanges. The limitations of this subsection shall not apply to prohibit the effectiveness of any special acts of the 1965 legislature authorizing the state land [register] registrar to convey specifically described lands owned by the state to school districts or corporations sole.
Sec. 4. NRS 321.010 is hereby amended to read as follows:
321.010 1. For the purpose of selecting and disposing of the lands that have been or may hereafter be granted by the United States to the State of Nevada, including the 16th and 36th sections, and those selected in lieu thereof, in accordance with the terms and conditions of the several grants of land by the United States to the State of Nevada, a state land office is hereby created.
2. [The director of the state department of conservation and natural resources is hereby made ex officio state land register.] The administrator as executive head of the division of state lands is the ex officio state land registrar.
3. The state land [register] registrar may, pursuant to chapter 284 of NRS, appoint one deputy state land [register] registrar and such technical, clerical and operational staff as the execution of his duties and the operation of the state land office may require.
Sec. 5. NRS 321.020 is hereby amended to read as follows:
321.020 [The director of the state department of conservation and natural resources, as state land register,] The state land registrar shall be required to give a bond in the sum of $5,000 for the faithful performance of his duties. The bond shall be approved by the governor and filed in the office of the secretary of state.
Sec. 6. NRS 321.030 is hereby amended to read as follows:
321.030 The state land [register] registrar shall keep his office at the seat of government, which office shall be open for the transaction of business during the days and hours specified in NRS 281.110.
Sec. 7. NRS 321.040 is hereby amended to read as follows:
321.040 1. The state land [register] registrar shall keep a record of all applications and contracts and of lands which have been or may hereafter be approved to the state, and of all lands which have been sold by the state.
κ1975 Statutes of Nevada, Page 89 (CHAPTER 74, AB 175)κ
by the state. These records, together with all plats, papers and documents relating to the business of the state land office, shall be open to public inspection during office hours without fee therefor.
2. The state land [register] registrar shall procure from the Bureau of Land Management one copy of each township plat of the public surveys now approved or which may hereafter be approved by the proper United States authorities, unless the same shall have been previously obtained. Copies of such township plats shall be made upon material of such quality as the state land [register] registrar may prescribe, but the cost shall not exceed $6 for each such plat.
Sec. 8. NRS 321.045 is hereby amended to read as follows:
321.045 1. In addition to the records required to be kept pursuant to NRS 321.040, the state land [register] registrar shall maintain an index or record of deeds or other evidence of title or interest in and to all lands or interests in lands owned or acquired by the state or any department, agency or institution thereof, whether the same was acquired by purchase, gift, grant or selection, condemnation, escheat, forfeiture of contract of sale, or otherwise, excepting all lands or interests therein acquired by the department of highways.
2. With respect to lands or interests therein acquired after April 1, 1957, such index shall state the area of each parcel and the cost to the state of each parcel.
3. Every department or agency of the state, except the department of highways, shall, upon acquiring any land or interest therein, transmit to the state land [register] registrar the information necessary to make such entries in the index.
4. For the purposes of this chapter, the state highway engineer is hereby designated as the agent of the state land [register] registrar to maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the department of highways.
Sec. 9. NRS 321.050 is hereby amended to read as follows:
321.050 1. [The state land register shall furnish copies of township plats of public surveys hereafter approved within each county to the county assessor of such county, to be used by the county assessor in performing the duties of his office.
2. Township plats heretofore or hereafter furnished to county assessors by the state land register shall be subject to inspection by all interested persons.
3.] Annually, on or before [November 1,] August 1, the state land [register] registrar shall furnish each county assessor a statement showing:
(a) All lands which have been applied for in the respective counties and which have not theretofore been shown by a statement, together with the name and address of the applicant or assignee so far as the same may be known.
(b) All forfeitures which have occurred since the last annual statement.
[4.] 2. Upon receipt of the information provided for in subsection [3,] 1, each county assessor shall immediately mark the same upon the township plats in his office.
κ1975 Statutes of Nevada, Page 90 (CHAPTER 74, AB 175)κ
[3,] 1, each county assessor shall immediately mark the same upon the township plats in his office.
Sec. 10. NRS 321.055 is hereby amended to read as follows:
321.055 1. Upon the sale of any land for cash or upon execution of any contract for the purchase of land from the state, the state land [register] registrar shall forthwith transmit to the county assessor of the county in which such land is located a report setting forth a description of the land, the name of purchaser, the amount of the purchase price and a description of any improvements on such land.
2. Upon the occurrence of any tax delinquency on state land sale contract lands, the county assessor of the county wherein the land is situated shall immediately notify the state land [register] registrar of such delinquency. The notice shall contain a description of the land, the name of the purchaser and the date and amount of delinquency.
Sec. 11. NRS 321.060 is hereby amended to read as follows:
321.060 1. The state land [register] registrar is authorized to provide and use a seal for the state land office.
2. The impression of the seal of the state land office upon the original or copy of any paper, plat, map or document emanating from the state land office shall impart verity to the document so impressed.
Sec. 12. NRS 321.065 is hereby amended to read as follows:
321.065 1. The state land [register] registrar shall charge the following fees:
For making a certified copy of a contract to purchase state lands and for the renewal of a contract, each........................................... [$1.00] $5.50
[For township diagrams showing forfeited lands for sale and price of same, when the number exceeds five in an order, each................... .20
For a township diagram showing state entries only, each.......... .50
For a township plat showing entries, names of entrymen and agents, kinds of entries, also forfeited lands for sale, each......................... 2.00
Plus 10 cents per name for each entryman.
For a complete tracing of a township plat showing entries, forfeited lands for sale, names of entrymen and agents, with number and date of entry, kinds of entries, topography, per township plat................... 5.00
Plus 10 cents per name for each entryman.
For making a certified copy of any record or instrument not included in the above, for the original, per folio............................................... .20
For each carbon copy, per folio.................................... .05]
For a township diagram showing state entries only, each....... 2.00
For a copy of a township plat showing entries, each sheet...... 2.00
For a list of entrymen and agents, showing the kind of entries, each entryman..................................................................................... .50
For copies of all other public records within custody of state land office, including contracts, applications and treasurers receipts:
First sheet of each file................................................... 1.00
Each additional sheet................................................... .50 For copies of topography maps or portions thereof:
κ1975 Statutes of Nevada, Page 91 (CHAPTER 74, AB 175)κ
For copies of topography maps or portions thereof:
First sheet per map........................................................ $1.00
Each additional sheet................................................... .50
For copies of microfilm records:
Each roll (16 or 32mm)................................................ 10.00
Each single frame blowback................................... .50
For duplication of microfilm jackets, each................................... .25
2. All fees charged and collected under this section shall be accounted for by the state land [register] registrar and paid into the state treasury for the state permanent school fund.
Sec. 13. NRS 321.070 is hereby amended to read as follows:
321.070 Funds to carry out the provisions of this chapter shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the state land [register] registrar before they are paid.
Sec. 14. NRS 321.090 is hereby amended to read as follows:
321.090 1. The state land [register] registrar shall select as portions of the several grants of land to this state all lands for which money has been deposited under the provisions of this chapter.
2. The state land [register] registrar may also select any lands for the State of Nevada when such lands are requested by the state or any such department, agency or institution, or when it is determined by the state land [register] registrar that the selection of such lands will be beneficial to the state.
Sec. 15. NRS 321.100 is hereby amended to read as follows:
321.100 1. The state land [register] registrar is authorized to withdraw from the Bureau of Land Management offices all selections of lands that have been or may be erroneously made, at any time before such lands have been listed and approved to the state by the Department of the Interior.
2. The governor is authorized to reconvey, by deeds of relinquishment, all lands that have been or may hereafter be erroneously listed as approved to the state, in such form as the Secretary of the Interior may prescribe. Such deeds of relinquishment shall be duly attested by the secretary of state under the seal of his office, and shall be countersigned by the state land [register.] registrar.
3. In no case shall any selections of land be withdrawn or a deed of relinquishment executed so long as there shall be any existing contract or patent for the same, or any pending litigation respecting the right of title of the state to such lands; and in no case shall such lands be conveyed or relinquished when the same were subject to selection, or where the states title to such land is valid.
4. When such deeds shall have been executed they shall be forwarded to the Director of the Bureau of Land Management at Washington, D.C.
5. Immediately after forwarding the deeds to the Bureau of Land Management, the state land [register] registrar shall deduct the number of acres thus reconveyed from the amount of lands charged to the state under the grants from the United States.
κ1975 Statutes of Nevada, Page 92 (CHAPTER 74, AB 175)κ
Sec. 16. NRS 321.170 is hereby amended to read as follows:
321.170 Every application to purchase lands shall:
1. Be made in writing to the state land [register.] registrar.
2. Be signed by the applicant or his agent.
3. State the residence and post office addresses of the applicant.
4. State the section of this chapter under which the applicant makes application for purchase.
5. Designate, in conformity with the United States survey, the tracts of land applied for to purchase and the number of acres.
6. Designate the county in which such land is located.
7. Be accompanied by the amount necessary to purchase such land.
Sec. 17. NRS 321.180 is hereby amended to read as follows:
321.180 1. Upon application of any citizen of the United States or any person who has legally declared his intention to become a citizen of the United States, over the age of 21 years, including females, to purchase lands not previously selected by the state, the applicant shall deposit with the state land [register] registrar the amount necessary to purchase the lands, together with an affidavit in due form, by the applicant or some other competent person, made before an officer having an official seal and legally authorized to administer oaths, that the lands described in the application are nonmineral in character. The affidavit shall not refer to any lands not included in the application.
2. The state land [register] registrar shall endorse upon each application the exact time of its receipt in his office, and shall certify to the state controller that the applicant is entitled to apply for the lands, describing the same as they are described in the application. The certificate shall state the grant of lands under which the application is made and the amount necessary to purchase the same. The state controller shall thereupon issue his order directing the state treasurer to receive such amount, placing the same in the proper fund. The state land [register] registrar shall at the same time certify to the state treasurer the payment, which certificate shall be accompanied by the application and the amount necessary to purchase; and, upon receipt of the order from the state controller, the state treasurer shall issue his receipt in duplicate, describing the lands applied for, and he shall, at the same time, enter in his abstract of applications the name of the person so applying, a description of the land, the number and date of receipt, and the amount paid thereon.
3. Upon return of the application with the state treasurers receipt to the state land office, the state land [register] registrar shall file the same, and take prompt measures at the proper office of the Bureau of Land Management to select for the state the lands described in the application. If, during a period of 60 days after the filing of any application, the state land [register] registrar shall remain unable to select any of the lands therein described, on account of conflicting entries or reservations in the office of the Bureau of Land Management, he shall cancel the application, so far as it concerns the unselectable lands therein described, and at once certify to the state controller and state treasurer that the applicant is entitled to the amount paid by him on such unselectable lands. The state controller shall draw his warrant upon the proper fund for the amount due the applicant, and the same shall be paid by the state treasurer.
κ1975 Statutes of Nevada, Page 93 (CHAPTER 74, AB 175)κ
amount due the applicant, and the same shall be paid by the state treasurer. The state land [register] registrar shall, at the same time, notify the applicant of the cancellation and that the amount deposited thereon is subject to withdrawal as provided by law, and no subsequent application for lands embraced in such canceled application shall be certified by the state land [register] registrar until due official notice shall have been received from the intending applicant that the lands in question are subject to selection.
4. Whenever purchase can be completed, in whole or in part, upon lands applied for, as provided in this section, the state land [register] registrar shall certify the same to the state controller and the state treasurer, and shall at once proceed to complete the sale. Should the state controller, upon receipt of the certificate, find that any payment has been wrongfully apportioned, he shall issue his order directing the state treasurer to transfer such amount to its proper fund. If, by reason of the nonapproval of the lands to the state, or other cause, the contemplated sale cannot be completed, in whole or in part, then, upon the demand of the applicant or his legal agent or assignee, the state land [register] registrar shall certify to the state controller and the state treasurer that the applicant is entitled to the amount paid by him, and the state controller shall draw his warrant upon the proper fund for the amount due the applicant, and the same shall be paid by the state treasurer.
Sec. 18. NRS 321.190 is hereby amended to read as follows:
321.190 Upon the application of any person, as defined in NRS 321.180, for the purchase of land after the state has obtained title thereto, should such person be entitled to purchase, the state land [register,] registrar, state controller and state treasurer shall proceed as provided in NRS 321.180.
Sec. 19. NRS 321.200 is hereby amended to read as follows:
321.200 1. All applicants for the purchase of land not approved to the state at the time of making application shall deposit with the state land [register,] registrar, in addition to the amount of fees required for selecting the same in the office of the Bureau of Land Management, the amount of fees required for advertising such selection, if the land so selected, or any part thereof, be situated within a township containing any mineral entry, claim or location.
2. When a daily newspaper is designated as the medium of publication, the advertising fees or charges shall not exceed $7 for each 10 lines of space for 61 consecutive days publication. Where a weekly newspaper is designated as the medium of publication, the advertising fees or charges shall not exceed $5 for the same space of 10 lines for 10 consecutive publications.
3. In every instance, the applicant shall also bear the actual expense of all nonmineral affidavits required by law or by the regulations of the Bureau of Land Management.
Sec. 20. NRS 321.210 is hereby amended to read as follows:
321.210 1. An occupant or person in possession shall have a preferred right to purchase all the lands he may be entitled to purchase under the provisions of this chapter, for the period of 6 months after the date of filing in the state land office of the official plat or plats covering the survey by the United States Government of the land occupied or possessed by him.
κ1975 Statutes of Nevada, Page 94 (CHAPTER 74, AB 175)κ
date of filing in the state land office of the official plat or plats covering the survey by the United States Government of the land occupied or possessed by him.
2. After the filing in the state land office of a formal application for lands not previously approved to the state, should one or more persons, each claiming a preferred right by reason of occupancy or possession, severally apply to purchase the same lands, the state land [register] registrar shall require each of the claimants to make and deposit with his application an affidavit affirming occupancy or possession thereof dating prior to the filing of the first existing application for the lands so claimed.
3. An occupant or person in possession as named in this section shall include any person, as defined in NRS 321.180, who, after March 12, 1885, and before July 1, 1957, commenced and prosecuted with due diligence the sinking of an artesian well upon any unoccupied public lands, subject to selection by the State of Nevada, according to the provisions of chapter 127, Statutes of Nevada 1887, as amended by chapter 87, Statutes of Nevada 1889, providing bounties for the sinking of artesian wells. Every such person shall be entitled to all the rights and privileges of an occupant or person in possession, as to a preferred right to purchase, when he shall have complied with the provisions of chapter 127, Statutes of Nevada 1887, as amended by chapter 87, Statutes of Nevada 1889, concerning such well and the requirements of this section as to diligence in the prosecution of the work. Upon proof being made before the proper court, as provided in NRS 321.230, that such person has complied therewith, his preferred right shall date from the commencement of the sinking of the well.
Sec. 21. NRS 321.220 is hereby amended to read as follows:
321.220 1. When two or more persons severally apply to purchase the same lands, the first applicant, although not claiming a preferred right to purchase, shall be entitled to appear and contest the right of an applicant to purchase under the claim of a preferred right.
2. When two or more persons severally apply to purchase the same lands, neither claiming a preferred right, the first applicant shall be allowed to purchase. The state land [register] registrar shall notify the first existing applicant, or his attorney or other legal representative, immediately upon the filing of a subsequent application for any portion of the lands embraced in his application. The notice shall be given by registered or certified letter through the United States mails.
3. When two or more persons simultaneously apply to purchase the same lands, neither claiming a preferred right, the determination of the right to purchase shall be made by the state land [register.] registrar. The state land [register] registrar shall:
(a) Designate a time to receive bids from the several applicants who have simultaneously applied to purchase the lands in question.
(b) Proceed to determine and award the right to purchase to the highest bidder.
(c) Proceed to complete the application of the highest bidder.
The money derived from such bids shall be added to the original deposit on each successful application.
Sec. 22. NRS 321.230 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 95 (CHAPTER 74, AB 175)κ
321.230 1. All cases of contest arising under the provisions of this chapter from causes other than simultaneous applications shall be certified, together with all the facts in his possession relating thereto, by the state land [register] registrar to the district court in and for the county in which the lands in dispute are situated. The state land [register] registrar shall, at the same time, notify the contestants by registered or certified mail of the certification of their cause to the proper court.
2. When a cause shall have been certified by the state land [register] registrar to the district court for trial, the clerk of the court in which the action is pending shall forthwith notify the respective parties, and within 40 days after proof of service of notice of such certification, the party making the contest shall file and serve upon the adverse party a complaint setting forth the facts upon which he claims to be entitled to purchase the lands.
3. The adverse party shall, within 20 days after the service of the complaint, file an answer setting forth the facts relied upon.
4. In case of default, the court shall proceed to hear and determine the controversy as upon default in other cases.
5. The notice, complaint and answer shall be served in the manner provided in the Nevada Rules of Civil Procedure for service of process in other cases.
6. If the party making the contest should neglect to file a complaint as provided in this section, the first applicant shall be entitled to a judgment of the court, upon the papers certified by the state land [register,] registrar, decreeing him to be entitled to purchase the lands.
7. In case of the rendition of judgment under the provisions of this section, the clerk of the court shall immediately transmit to the state land [register] registrar a certified copy of the judgment, together with a certified statement of all the accrued costs of the contest in the court. All costs in contested cases shall be paid by the parties litigant, as the court or judge may determine.
8. Upon receiving the certificate of the clerk of the court, or order of the board of award as provided in NRS 321.220, the state land [register] registrar shall proceed with the successful applicant as if he alone had applied, and immediately cancel all other applications for the lands in question. The state land [register] registrar shall notify each unsuccessful applicant that his application has been canceled, and that the amount deposited thereon may be withdrawn from the state treasury as provided in NRS 321.180; but:
(a) The state land [register] registrar may withhold from the amount so deposited by the unsuccessful applicant a sum sufficient to pay and satisfy the costs of the contest in the district court as provided in this section, and the state land [register] registrar is directed to transmit to the clerk of the court, taking his receipt therefor, the amount so withheld, and he shall direct the clerk to apply the same in satisfaction of the costs adjudged against the unsuccessful applicant; and
(b) If the unsuccessful applicant shall fail, for a period of 30 days after rendition of the judgment by the district court, to make application for the withdrawal of the amount so deposited by him under the provisions of this chapter, the state land [register] registrar shall make application for withdrawal of the same, and out of the sum so withdrawn shall pay the costs as provided in this section and remit any balance to the unsuccessful applicant.
κ1975 Statutes of Nevada, Page 96 (CHAPTER 74, AB 175)κ
application for withdrawal of the same, and out of the sum so withdrawn shall pay the costs as provided in this section and remit any balance to the unsuccessful applicant.
Sec. 23. NRS 321.240 is hereby amended to read as follows:
321.240 1. In addition to the powers elsewhere conferred upon him in this chapter concerning the sale of state lands, the state land [register] registrar is further empowered, after ascertaining that the land applied for is subject to entry under the provisions of this chapter, to sell and dispose of any agricultural or grazing lands to any person making application as required in NRS 321.180 by entering into a contract of sale.
2. Each contract shall require that one-fifth of the purchase price is to be paid upon application, the remainder of the purchase price to be paid in 50 years from the date of the contract, with interest at the rate of 6 percent per annum, interest payable annually; but the applicant or his heirs or assigns may, at any time prior to the maturity of such contract, make full payment of the principal and interest due under the terms of the contract and receive a patent in the name of the applicant.
3. All such contracts shall be entered into in writing with the person so purchasing, in which the conditions shall be distinctly expressed, that upon the failure to pay the annual interest or principal when due, as stipulated, the land shall immediately thereafter be subject to sale in the same manner and under the same conditions as though no such prior contract of sale had been made. The state land [register] registrar is authorized to accept an overdue interest payment on any contract now in force or hereafter issued during the period of 2 years from the date required for such interest payment; but when application is made for any portion of the land described in any contract on which the annual interest payment is overdue, the state land [register] registrar shall immediately declare such contract forfeited, and shall accept and certify such application, and the remainder of the land embraced in such forfeited contracts shall revert unconditionally to the state. No application shall be received for any part of the lands embraced in such contract within 6 months from the date when the interest payment becomes overdue unless an abandonment of the contract be filed by the contractor, assignee or agent.
4. All payments of interest and for sales of lands shall be paid to the state land [register,] registrar, who shall certify the same and the terms thereof to the state controller and state treasurer. The state controller, upon receipt of the certificate, shall issue his order to the state treasurer, apportioning the interest to the fund to which it may belong, as provided in NRS 321.180, and upon payment being made by the state land [register] registrar of the amount specified in the order, the state treasurer shall issue his receipts in duplicate for each payment and deliver the same to the state land [register,] registrar, who shall file the original and deliver the duplicate to the payee by mail or otherwise.
5. When full payment shall have been made, a patent shall issue to the purchaser as provided in NRS 321.310.
6. No timberland shall be sold unless the whole purchase price shall be paid at the time of application.
Sec. 24. NRS 321.250 is hereby amended to read as follows:
321.250 1. Every contract in existence on March 12, 1885, may at the option of the holder thereof, remain under the same conditions as stipulated in the contract, or the unpaid principal may be made the subject of a new contract under the provisions of NRS 321.240, to be paid within 50 years from the date of the new contract, with interest at the rate of 6 percent per annum.
κ1975 Statutes of Nevada, Page 97 (CHAPTER 74, AB 175)κ
the option of the holder thereof, remain under the same conditions as stipulated in the contract, or the unpaid principal may be made the subject of a new contract under the provisions of NRS 321.240, to be paid within 50 years from the date of the new contract, with interest at the rate of 6 percent per annum.
2. A new contract shall be made only on the day when the annual interest becomes due.
3. The applicant shall pay to the state land [register] registrar a fee of $1 for each new contract issued, which fee shall be paid to the state treasurer for the state permanent school fund.
4. The state land [register] registrar is authorized to make such rules and regulations as will carry out the provisions of this section.
Sec. 25. NRS 321.260 is hereby amended to read as follows:
321.260 1. The state land [register] registrar shall, with reasonable dispatch, cause proper notices to be prepared, requiring the applicant or his agent or attorney to make full payment, or enter into a contract, in the applicants name, with the state land [register,] registrar, as provided in NRS 321.240, for the purchase of the land applied for by the applicant, and shall enclose with the notice duly prepared contracts, in duplicate, for the applicant to sign. The state land [register] registrar shall address the same to the applicant or to his agent or attorney and send them by registered or certified mail, filing the post office receipts in his office.
2. If, at the expiration of 90 days from the date of mailing of such notices and contracts in duplicate, the person so notified, or his legal representative, shall fail to make the required full payment, or to sign and return to the state land [register] registrar such contracts, he shall forfeit his right to complete the purchase of such land, and the title of the state to such land shall rest as fully in the state as though it had never been applied for, and shall be subject to sale to any person, including the person so forfeiting the land on previous application.
3. Any and all sums of money deposited as partial payments on lands so forfeited shall immediately and unconditionally become the property of the state.
Sec. 26. NRS 321.270 is hereby amended to read as follows:
321.270 1. Whenever a state land contract becomes forfeited in accordance with the provisions of NRS 321.240, all deeds, assignments and other instruments issued thereon for the possessory claim to the land described therein become null and void and the state land [register] registrar shall certify to the county recorder of the county wherein the land is situated that such contract has become forfeited by supplying:
(a) The name of the contractor.
(b) The date of issuance.
(c) The date of forfeiture.
(d) The description of the land contained therein.
2. On receipt of the certificate, the county recorder shall search the records of his office and if a record is found of any deeds, assignments or other instruments issued on and by virtue of the contract and involving the land described therein, he shall write over his signature on such record the following words: This instrument became null and void because the state land contract describing the land specified therein became unconditionally forfeited on .......................(
κ1975 Statutes of Nevada, Page 98 (CHAPTER 74, AB 175)κ
because the state land contract describing the land specified therein became unconditionally forfeited on .......................(date)......................, as witnessed by the state land [registers] registrars certificate filed in this office on ......................(date)...................... Such words written on the record shall be prima facie evidence that the instrument is null and void and no longer affects the title to the land described therein, and thereafter the county recorder shall refuse to record any instruments involving the land that have issued on and by virtue of the contract specified and designated in the state land [registers] registrars certificate.
Sec. 27. NRS 321.290 is hereby amended to read as follows:
321.290 1. Any person or persons having a contract for the purchase of any state land in this state may transfer such persons or persons interest in and to all or part of the state contract by making application to the state land [register] registrar upon such form as the state land [register] registrar may require, acknowledged in the same manner as is required in the transfer of real property. The application shall be accompanied by the contractors duplicate copy of the original contract or by a certified copy of the original contract. Upon receipt of the application accompanied by the duplicate copy or by a certified copy of the original contract, the state land [register] registrar shall cancel the original contract made for the purchase of the land specified in such application, and shall issue to the applicant, or to his assignee, one or more contracts for the land or lands as designated in the application.
2. No contract or transfer thereof shall be issued for an area less than the smallest legal subdivision, or 40 acres.
3. Any contract or contracts issued under the provisions of this section shall run for the remainder of the term of the original contract, and no new contract or transfer thereof shall be issued unless and until all interest charges on the original contract shall have been paid up to and including the end of the year upon which the next interest payment had become due on the original contract.
4. Every applicant under the provisions of this section shall accompany his application with a fee of $10, which sum is affixed as the fee for issuing each new contract.
Sec. 28. NRS 321.310 is hereby amended to read as follows:
321.310 1. Except as otherwise ordered by a competent court having jurisdiction or as otherwise provided in this section, the title of the state to any lands sold under the provisions of this chapter shall be conveyed by patent, free of charge, to the applicant and none other.
2. A patent may be issued to an assignee or successor in interest of the original applicant upon such assignee or successor in interest furnishing to the state land [register] registrar a duly executed and verified assignment in writing of the original contract of purchase of the land signed by the original applicant or his heirs, administrator or executor thereunto lawfully authorized, or upon the furnishing to the state land [register] registrar by the successor in interest of a good and sufficient deed of conveyance of the original applicants right, title and interest to him in and to the contract and the land mentioned therein, which deed has theretofore been recorded in the county wherein the land is situated.
κ1975 Statutes of Nevada, Page 99 (CHAPTER 74, AB 175)κ
3. In case of the death of the applicant for any state lands, upon payment and compliance with the law by his heirs, devisees or assignees, patents for such lands shall issue in pursuance to any statute of this state in his name the same as if he were living, without requiring any order of court, and when so issued the title to the lands designated in these patents, and the title to lands embraced in any patent heretofore issued after the death of the applicant, shall inure to and become vested in the heirs, devisees or assignees of the deceased patentee as if the patent had issued to the deceased person during life.
Sec. 29. NRS 321.320 is hereby amended to read as follows:
321.320 All patents shall:
1. Be in such form as the attorney general and the state land [register] registrar shall jointly prescribe.
2. Be prepared by the state land [register.] registrar.
3. Be signed by the governor.
4. Have the great seal of the state affixed by the secretary of state.
5. Be countersigned by the state land [register.] registrar.
Sec. 30. NRS 321.330 is hereby amended to read as follows:
321.330 The secretary of state and the state land [register] registrar shall each keep a record of patents issued.
Sec. 31. NRS 321.333 is hereby amended to read as follows:
321.333 1. If in any such action authorized by NRS 321.332 it is determined that the State of Nevada has any interest in any minerals in any such lands, save and except the royalty interest provided for in NRS 321.300, then any such person, corporation or association, his, her or its heirs, assigns or lawful successors, bringing any such action as plaintiff in such action, shall have the option for 1 year from the entry of final judgment in such action to purchase from the State of Nevada all of the interest of the State of Nevada in the minerals in such lands, save and except the royalty interest authorized by NRS 321.300, at a price of 15 cents for each acre of land involved in such action.
2. If such option is exercised, payment for such mineral interest shall be made to the state land [register] registrar in cash within the period of such option, and the state land [register] registrar is authorized and directed upon the payment of any such option price to deliver to the purchaser a deed from the State of Nevada to such purchaser, conveying all of the states interest in the minerals in the lands involved in such action, save and except the royalty interest of the state provided for in NRS 321.300.
Sec. 32. NRS 321.335 is hereby amended to read as follows:
321.335 1. Notwithstanding any other provision of law, except NRS 321.450 and 321.510, after April 1, 1957, all sales of any lands to which the State of Nevada or any department, agency or institution thereof has title, except the department of highways and agricultural associations organized pursuant to chapter 547 of NRS, including lands theretofore subject to contracts of sale which have been forfeited, shall be governed by the provisions of this section.
2. Whenever the state land [register] registrar deems it to be in the best interests of the State of Nevada that any lands owned by the state and not used or set apart for public purposes be sold, he may cause the same to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, as hereinafter provided, at a price not less than the appraised value thereof and in no event at less than $3 per acre, plus the costs of appraisal and publication of notice of sale.
κ1975 Statutes of Nevada, Page 100 (CHAPTER 74, AB 175)κ
the same to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, as hereinafter provided, at a price not less than the appraised value thereof and in no event at less than $3 per acre, plus the costs of appraisal and publication of notice of sale.
3. Before offering any such land for sale, the state land [register] registrar shall cause the same to be appraised by a competent appraiser.
4. After receipt of the report of the appraiser, the state land [register] registrar shall cause a notice of sale to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold is situated, and in such other newspapers as he may deem appropriate. If there is no newspaper published in the county where the land to be sold is situated the notice shall be so published in some newspaper published in this state having a general circulation in the county where the land is situated.
5. Such notice shall contain:
(a) A description of the land to be sold;
(b) A statement of the terms of sale;
(c) A statement of whether the land will be sold at public auction or upon sealed bids to the highest bidder; and
(d) If the sale is to be at public auction, the time and place of sale; or
(e) If the sale is to be upon sealed bids, the place where such bids will be accepted, the first and last days on which the same will be accepted, and the time and place such bids will be opened.
6. The state land [register] registrar may reject any bid or offer to purchase if he deems such bid or offer to be:
(a) Contrary to the public interest.
(b) For a lesser amount than is reasonable for the land involved.
(c) On lands which it may be more beneficial for the state to reserve.
(d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.
7. Upon acceptance of any bid or offer and payment to the state land [register] registrar in accordance with the terms of sale specified in the notice of sale, the state land [register] registrar shall cause a patent to be issued as provided in NRS 321.310 to 321.330, inclusive, or enter into a contract of sale as provided in NRS 321.240 to 321.300, inclusive, as appropriate; but every such contract shall require that the remainder of the purchase price be paid within 25 years from the date of the contract and that such contract shall immediately be declared forfeited if any installment of principal or interest remains unpaid for a period of 6 months after the same was due and payable pursuant to the contract.
8. Nothing in this section shall apply to or affect any pending contract or application for the purchase of land from the State of Nevada, whether title thereto is in the state or the state is in the process of acquiring title thereto under any method of exchange or selection between the state and the United States or any department or agency thereof.
9. A revolving fund in the sum of $1,000, to be known as the state land [register] registrar appraisal and publication revolving fund, is hereby created to be used by the state land [register] registrar in paying, in the manner provided by law, the necessary expenses incurred in carrying out the provisions of subsection 2. Any person requesting that state land be sold under provisions of this section shall deposit an amount of money sufficient to pay the costs of the state land [register] registrar in processing the application, including publication costs and appraisal expenses.
κ1975 Statutes of Nevada, Page 101 (CHAPTER 74, AB 175)κ
land be sold under provisions of this section shall deposit an amount of money sufficient to pay the costs of the state land [register] registrar in processing the application, including publication costs and appraisal expenses. This deposit shall be refunded whenever the person making the deposit is not the successful bidder and the costs of processing the application, including publication and appraisal expenses, shall be borne by the successful bidder.
Sec. 33. NRS 321.339 is hereby amended to read as follows:
321.339 Notwithstanding any other provision of law, the state land [register] registrar may withhold from sale any land to which the state has acquired title by any means whatsoever or decline to select any lands upon application therefor when such lands are required for the use of any state department, agency or institution or are specifically reserved by the state for future use or sale or whenever he deems that the public interest so requires.
Sec. 34. NRS 321.350 is hereby amended to read as follows:
321.350 1. All state lands that may hereafter be sold or contracted for sale by the state land [register,] registrar, and over and across which there shall have been surveyed a definitely designated or a proposed state highway, shall be sold or contracted for sale with a right-of-way of 400 feet in width thereover reserved in fee simple with all access and abutters rights in the name of the State of Nevada and its department of highways for such state highway.
2. After such land or lands shall be sold, if any such highway shall not be constructed and the plan for construction thereof is abandoned, or if such highway, after construction, shall be abandoned by proper authority according to law, all the right, title and interest of the State of Nevada and its department of highways in and to such right-of-way shall revert to and become the property of the purchaser of such land or lands, his assigns or successors in interest.
Sec. 35. NRS 321.370 is hereby amended to read as follows:
321.370 1. The state land [register] registrar is empowered to withdraw from entry and sale state land of not to exceed 40 acres in any one tract which contains gravel deposits or other roadbuilding material necessary to be used by the department of highways in the construction and repair of public highways in this state.
2. The withdrawal from entry or sale of such tract or tracts of land shall be made only upon the filing with the state land [register] registrar by the state highway engineer of an accurate map of the tract of land desired, together with an accurate description thereof according to legal subdivisions, or by metes and bounds, and a statement in writing signed by the state highway engineer that such tract of land contains gravel deposits or other roadbuilding material, and that the same is necessary for the construction or repair of public highways of the state.
3. Upon receipt of such map and statement and ascertaining that the description of the land therein is correct and that such land is then subject to entry and sale, the state land [register] registrar may withdraw the same from entry and sale, making appropriate entries thereof in his records.
4. Such withdrawal or withdrawals shall continue only and be in effect during such time as such tract or tracts of land shall be needed by the department of highways for the purpose of extracting gravel or other roadbuilding material therefrom.
κ1975 Statutes of Nevada, Page 102 (CHAPTER 74, AB 175)κ
effect during such time as such tract or tracts of land shall be needed by the department of highways for the purpose of extracting gravel or other roadbuilding material therefrom.
Sec. 36. NRS 321.380 is hereby amended to read as follows:
321.380 1. The state land [register] registrar is empowered and directed to withdraw from entry and sale the W 1/2 of the W 1/2 of the NW 1/4 of sec. 10, T. 36 N., R. 38 E., M.D.B. & M., situated in Humboldt County, and to make appropriate entries thereof in his records.
2. The State of Nevada hereby gives and grants to Humboldt County for its use and benefit all of the W 1/2 of the W 1/2 of the NW 1/4 of sec. 10, T. 36 N., R. 38 E., M.D.B. & M.
Sec. 37. NRS 321.600 is hereby amended to read as follows:
321.600 The intent of the legislature in the enactment of NRS 321.600 to 321.630, inclusive, is to provide an orderly procedure for the processing of applications by the state, its agencies and political subdivisions for lease or purchase of public lands pursuant to the provisions of the Public and Recreational Purposes Act of 1926, 44 Stat. 741, as amended, and to aid both the applicant and the Bureau of Land Management by requiring the state land [register] registrar to examine into the propriety and correctness of such applications prior to their being filed with the Bureau of Land Management.
Sec. 38. NRS 321.610 is hereby amended to read as follows:
321.610 All applications to the Bureau of Land Management by the state, its agencies and political subdivisions to lease or purchase lands pursuant to the provisions of the Public and Recreational Purposes Act of 1926, as amended, shall be filed with the state land [register,] registrar, who shall:
1. Examine such applications and determine whether they are in proper form, contain the required information and are accompanied by the required fees; and
2. Determine from the records of the Bureau of Land Management whether the lands to be leased or purchased are subject to disposition under such act.
Sec. 39. NRS 321.620 is hereby amended to read as follows:
321.620 The state land [register] registrar shall keep an inventory of all such applications filed and a current record of the status of such applications with the Bureau of Land Management, which inventory and records shall include all such applications filed prior to March 8, 1960.
Sec. 40. NRS 321.630 is hereby amended to read as follows:
321.630 The state land [register] registrar shall adopt regulations to effectuate the purposes of NRS 321.600 to 321.630, inclusive.
Sec. 41. Chapter 321 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Administrator means the executive head of the division of state lands of the department of conservation and natural resources.
Sec. 42. NRS 321.650 is hereby amended to read as follows:
321.650 As used in NRS 321.640 to 321.810, inclusive, and section 41 of this act, the words and terms defined in NRS 321.660 to 321.690, inclusive, and section 41 of this act, have the meanings ascribed to them in such sections unless the context otherwise requires.
κ1975 Statutes of Nevada, Page 103 (CHAPTER 74, AB 175)κ
Sec. 43. NRS 321.700 is hereby amended to read as follows:
321.700 In addition to any other functions assigned to it by law, the division of state lands of the state department of conservation and natural resources is hereby designated as the state land use planning agency for the purpose of carrying out the provisions of NRS 321.640 to 321.810, inclusive, and section 41 of this act, and fulfilling any land use planning requirements arising under federal law.
Sec. 44. NRS 321.710 is hereby amended to read as follows:
321.710 1. The [director] administrator shall administer the activities of the state land use planning agency. He shall have the primary authority and responsibility in the state for the development and operation of a state land use program.
2. In addition to the assistant provided by subsection 3 of NRS 321.010 he may appoint, subject to the availability of funds, such professional technical, administrative, clerical and other persons as he may require for assistance in performing his land use planning duties.
Sec. 45. NRS 321.720 is hereby amended to read as follows:
321.720 The [director, acting through the state land use planning agency,] administrator shall develop and carry on a statewide land use planning process, which process shall include but shall not be limited to the following:
1. The preparation and continuing revision of a statewide inventory of the land and natural resources of the state;
2. The compilation and continuing revision of data, on a statewide basis, related to population densities and trends, economic characteristics and projections, environmental conditions and trends, and directions and extent of urban and rural growth;
3. The identification of areas which may be areas of critical environmental concern;
4. Projections of the nature and quantity of land needed and suitable for:
(a) Recreation and esthetic appreciation;
(b) Conservation and preservation of natural resources, agriculture, mineral development, and forestry;
(c) Industry and commerce, including the development, generation and transmission of energy;
(d) Transportation;
(e) Urban development, including the revitalization of existing communities, the development of new towns, and the economic diversification of existing communities which possess a narrow economic base;
(f) Rural development, taking into consideration future demands for and limitations upon products of the land; and
(g) Health, educational, and other state and local governmental services;
5. The preparation and continuing revision of an inventory of environmental, geological and physical conditions (including soil types) which influence the desirability of various uses of land;
6. The preparation and continuing revision of an inventory of state, local government and private needs and priorities concerning the use of federal lands within the state;
κ1975 Statutes of Nevada, Page 104 (CHAPTER 74, AB 175)κ
7. The preparation and continuing revision of an inventory of public and private institutional and financial resources available for land use planning and management within the state and of state and local programs and activities which have a land use impact of more than local concern;
8. The establishment of a method for identifying large-scale development and development and land use of regional benefit;
9. The establishment of a method for inventorying and designating areas of critical environmental concern and areas which are, or may be, impacted by key facilities;
10. The provision, where appropriate, of technical assistance and training programs for state and local agency personnel concerned with the development and implementation of state and local land use programs;
11. The establishment of arrangements for the exchange of land use planning information and data among state agencies and local governments, with the Federal Government, among the several states and interstate agencies, and with members of the public;
12. The establishment of a method for coordinating all state and local agency programs and services which significantly affect land use;
13. The conducting of public hearings, preparation of reports, and soliciting of comments on reports concerning the statewide land use planning process or aspects thereof;
14. The provision of opportunities for participation by the public and the appropriate officials or representatives of local governments in the statewide planning process and in the formulation of guidelines, rules and regulations for the administration of the statewide planning process; and
15. The consideration of, and consultation with, the relevant states on the interstate aspects of land use issues of more than local concern.
Sec. 46. NRS 321.730 is hereby amended to read as follows:
321.730 In the development of the statewide land use planning process:
1. The [director] administrator shall:
(a) Give priority to the development of an adequate data base for a statewide land use planning process using data available from existing sources wherever feasible.
(b) Coordinate the activities of the state land use planning agency with:
(1) The planning activities of all state agencies undertaking federally financed or assisted planning programs insofar as such programs relate to land use;
(2) The regulatory activities of all state agencies enforcing air, water, noise or other pollution standards;
(3) All other relevant planning activities of state agencies;
(4) Flood plain zoning plans approved by the Secretary of the Army pursuant to the Flood Control Act of 1960 (33 U.S.C. §§ 642 et seq.), as amended;
(5) The planning activities of areawide agencies designated pursuant to regulations established under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C.
κ1975 Statutes of Nevada, Page 105 (CHAPTER 74, AB 175)κ
to regulations established under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. §§ 3301 et seq.), as amended;
(6) The planning activities of local governments and regional planning commissions; and
(7) The planning activities of federal agencies.
2. The [director] administrator shall:
(a) Invite participation by and consider information from cities, counties and regional planning commissions or agencies.
(b) Conduct public hearings, with adequate public notice, allowing full public participation in the development of the state land use program.
(c) Make available to the public, promptly upon request, land use data and information, studies, reports and records of hearings.
Sec. 47. NRS 321.750 is hereby amended to read as follows:
321.750 The state land use planning advisory council shall:
1. Advise the [director] administrator on the development of the statewide land use planning process.
2. Comment on all state guidelines, rules and regulations to be promulgated pursuant to NRS 321.640 to 321.810, inclusive [.] , and section 41 of this act.
3. Participate in the development of the statewide land use planning process and state land use program.
Sec. 48. NRS 321.770 is hereby amended to read as follows:
321.770 1. The [director, acting through the state land use planning agency,] administrator shall:
(a) With the concurrence of the governor, designate areas of critical environmental concern within the State of Nevada.
(b) Promulgate minimum standards and criteria for the conservation and use of land and other natural resources therein.
(c) Adopt a land use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air space and other natural resources within the area, including but not limited to, an allocation of maximum population densities.
2. The [director] administrator shall promulgate procedures for carrying out the provisions of paragraphs (b) and (c) of subsection 1 which shall include:
(a) A request for information and recommendations from private interests affected and from cities and counties affected and their regional planning commissions if any.
(b) Advice and recommendations from the state land use planning advisory council.
(c) A public hearing upon notice given by at least one publication at least 20 days prior to the hearing in a newspaper or combination of newspapers of general circulation throughout the area affected and each city and county any portion of whose territory lies within such area. The notice shall state with particularity the subject of the hearing.
3. An area of critical environmental concern shall not be designated without:
(a) The promulgation of the standards required by paragraph (b) of subsection 1;
κ1975 Statutes of Nevada, Page 106 (CHAPTER 74, AB 175)κ
(b) The adoption of the plan required by paragraph (c) of subsection 1; and
(c) A finding by the [director] administrator that the potential degradation of or within the area is so imminent as to require immediate action.
Sec. 49. NRS 321.790 is hereby amended to read as follows:
321.790 In administering the provisions of NRS 321.640 to 321.810, inclusive, and section 41 of this act, the [director] administrator and state land use planning agency may proceed only within limits determined by available federal, state or other funds.
Sec. 50. NRS 321.800 is hereby amended to read as follows:
321.800 1. The [director, acting through the state land use planning agency,] administrator shall cooperate with federal authorities in the field of land use planning and insure that the state land use planning process and land use program meet any federal criteria and comply with any federal conditions imposed for eligibility to federal grants.
2. The [director] administrator may apply for and accept, on behalf of the state, any federal funds granted for the purpose of land use planning and may expend such funds [,] as authorized by law.
Sec. 51. NRS 321.810 is hereby amended to read as follows:
321.810 1. All provisions of NRS 321.640 to 321.810, inclusive, and section 41 of this act shall be enforced by the [director] administrator and by the respective political subdivisions of the state.
2. If it is found that the provisions of NRS 321.640 to 321.810, inclusive, and section 41 of this act, or the rules and regulations promulgated thereunder are not being complied with, the [director] administrator may bring action in a court of competent jurisdiction to insure compliance or to obtain injunctive relief from noncompliance.
Sec. 52. NRS 322.010 is hereby amended to read as follows:
322.010 The [director] administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, is authorized to lease any land now or hereafter owned by the State of Nevada, or which may hereafter be granted it by the United States of America, except contract lands, upon terms as provided in NRS 322.020 to 322.040, inclusive.
Sec. 53. NRS 322.050 is hereby amended to read as follows:
322.050 The [director] administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, with the concurrence of the governor, is authorized, in addition to the authority to lease provided in NRS 322.010 to 322.030, inclusive, to lease or grant easements over or upon any land now or hereafter owned by the State of Nevada, or which may hereafter be granted it by the United States of America, upon terms as provided in NRS 322.060. Leases or grants of easements over or upon contract lands may be made only with the consent of the contractee, who shall be paid all moneys received from any such lease or grant. Easements over or upon any lands which are used by any office, department, board, commission, bureau, institution or other agency of the State of Nevada may be granted only with the concurrence of such agency.
κ1975 Statutes of Nevada, Page 107 (CHAPTER 74, AB 175)κ
Sec. 54. NRS 322.060 is hereby amended to read as follows:
322.060 Leases or easements authorized pursuant to the provisions of NRS 322.050, and not made for the purpose of extracting oil, coal or gas from the lands leased, shall be:
1. For such areas as may be required to accomplish the purpose for which such land is leased or such easement granted.
2. For such term and consideration as the [director] administrator of the division of state lands of the department of conservation and natural resources, as ex officio state land registrar, may determine reasonable.
3. Executed upon a form to be prepared by the attorney general, which form shall contain all of the covenants and agreements usual or necessary to such leases or easements.
Sec. 55. NRS 323.020 is hereby amended to read as follows:
323.020 1. The state land [register] registrar is authorized to negotiate with the Secretary of the Interior of the United States concerning the exchange of state lands for lands belonging to the United States within or without the boundaries of stock grazing districts created within this state by the Taylor Grazing Act.
2. The state land [register] registrar may:
(a) Exchange and cause to be exchanged, pursuant to such negotiations, lands belonging to the state and then and there subject to sale by the state for lands belonging to the United States and subject to exchange for state lands pursuant to section 8 of the Taylor Grazing Act; and
(b) Deliver to the United States proper conveyances of title to the state lands so exchanged; and
(c) Require of the proper officer or department of the United States Government similar conveyances of title to the state of the lands received from the United States in such exchange.
Sec. 56. NRS 323.030 is hereby amended to read as follows:
323.030 1. The state lands exchanged for lands of the United States under the provisions of this chapter shall be exchanged either upon an equal value basis or upon an equal acreage basis, but upon no other basis.
2. The mineral rights in the state lands exchanged on an equal acreage basis shall be reserved to the state. If such lands are exchanged upon an equal value basis, the mineral rights of the state, if such lands contain minerals, shall be considered in arriving at the valuation for exchange purposes.
3. The state land [register] registrar shall make such reservations of easements, rights of use, and rights of ingress and egress with respect to any state land offered for exchange as will protect the citizens and inhabitants of this state and other states in their rights on and concerning public lands as is provided by law and also as contained in section 8 of the Taylor Grazing Act.
Sec. 57. NRS 323.040 is hereby amended to read as follows:
323.040 The state land [register] registrar is empowered to exchange and cause to be exchanged state lands for lands of the United States pursuant to section 8 of the Taylor Grazing Act and the rules and regulations of the Secretary of the Interior relating thereto, but the state land [register] registrar shall enter into no agreement concerning the exchange of lands that will surrender or cause to be surrendered any jurisdiction of this state over the lands and people and property thereon situate that the state possesses over the public domain belonging to the United States within this state.
κ1975 Statutes of Nevada, Page 108 (CHAPTER 74, AB 175)κ
lands that will surrender or cause to be surrendered any jurisdiction of this state over the lands and people and property thereon situate that the state possesses over the public domain belonging to the United States within this state.
Sec. 58. NRS 324.030 is hereby amended to read as follows:
324.030 1. The selection, management and disposal of such land shall be vested in the state commission of industry, agriculture and irrigation, which is hereby created, consisting of the state engineer, the [director] administrator of the division of state lands of the state department of conservation and natural resources and the dean of the college of agriculture of the University of Nevada System.
2. The commission may sue and be sued in any action at law brought under the provisions of this chapter in the name of The State Commission of Industry, Agriculture and Irrigation.
Sec. 59. NRS 324.040 is hereby amended to read as follows:
324.040 1. The [director] administrator of the division of state lands of the state department of conservation and natural resources is hereby designated as state [register] registrar of lands under the Carey Act.
2. The state [register] registrar of lands under the Carey Act, subject to the general supervision and control of the commission, shall:
(a) Be the custodian of all papers, documents, maps and plats relating to Carey Act lands.
(b) Receive and receipt for all fees and payments required to be paid under the provisions of this chapter or under any rule or regulation of the commission.
(c) Deposit all fees and payments received by him with the state treasurer to the credit of the Carey Act trust fund.
(d) Conduct all correspondence relating to Carey Act lands.
(e) Perform such other duties as the commission may prescribe.
3. The state [register] registrar of lands under the Carey Act is hereby named as the authorized agent of the state to enter into and to execute, for and in behalf of the state, the agreement prescribed by the Secretary of the Interior binding the state in respect to the disposal of lands under the Carey Act.
4. For services performed under the provisions of this chapter the [director] administrator of the division of state lands of the state department of conservation and natural resources shall receive no compensation.
Sec. 60. NRS 324.050 is hereby amended to read as follows:
324.050 1. Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the state [register] registrar of lands under the Carey Act shall submit to the commission a detailed report of the transactions concerning Carey Act lands. After approval of the commission, such number of copies of the report shall be printed for free distribution as the commission may direct.
2. All pending proceedings before the commission and the state engineer, except applications for permits for water rights, shall not be made public or be open to public inspection until the application for temporary withdrawal or a segregation is filed in the Bureau of Land Management.
Sec. 61. NRS 324.100 is hereby amended to read as follows:
324.100 1. Subject to the provisions of the Carey Act, the proceeds derived by the state from fees and the sale of Carey Act lands, and by this chapter required to be deposited in the Carey Act trust fund, shall be subject to control and disposition by the commission and may be used and drawn upon by the commission from time to time for the following purposes, and for none other:
κ1975 Statutes of Nevada, Page 109 (CHAPTER 74, AB 175)κ
derived by the state from fees and the sale of Carey Act lands, and by this chapter required to be deposited in the Carey Act trust fund, shall be subject to control and disposition by the commission and may be used and drawn upon by the commission from time to time for the following purposes, and for none other:
(a) For the payment of all necessary expenses incurred by the commission and the state [register] registrar of lands under the Carey Act for the administration of Carey Act lands.
(b) For the reclamation, under the control and direction of the commission, of desert lands in the state, other than those included in any segregation or application for a temporary withdrawal by any applicant except the state.
(c) For such experimentation in agriculture, horticulture and forestry as shall aid the reclamation of the desert lands of the state.
(d) For such advertisement and publicity of the desert lands of the state as may advance their settlement and reclamation.
2. Until the Carey Act trust fund shall have received deposits from fees and sales of land under the provisions of this chapter sufficient to meet the necessary disbursements arising under paragraph (a) of subsection 1, the state controller and the state treasurer are authorized and directed to transfer from the general fund to the Carey Act trust fund, from time to time, sufficient moneys to meet the same, not exceeding $5,000, and such sum is hereby appropriated for that purpose. As soon thereafter as deposits to the credit of the Carey Act trust fund, derived from fees and sales of lands, shall be sufficient therefor, all sums so transferred shall be restored to the general fund.
3. All disbursements from the Carey Act trust fund shall be on claims of the chairman of the commission, approved by the state board of examiners.
Sec. 62. NRS 324.130 is hereby amended to read as follows:
324.130 1. All such applications, prepared and submitted in accordance with the rules and regulations of the commission and of the Department of the Interior, shall be referred to the state engineer. The state engineer shall submit a written report thereon, which shall cover such information regarding the water supply, the feasibility of the project, the status of the water right, and other data necessary to enable the state [register] registrar of lands under the Carey Act to make the proper application and certification required by the Bureau of Land Management in such cases.
2. No application on which the state engineer has reported adversely shall be approved by the commission. If the state engineer reports favorably thereon, the commission shall, at its earliest convenience, consider the same, and if a majority of the members approve the application (or approve a modification of the application, in which case, on the acceptance by the applicant of such modification), the commission shall direct the state [register] registrar of lands under the Carey Act to file in the proper office of the Bureau of Land Management a request for the temporary withdrawal of the lands described.
Sec. 63. NRS 324.150 is hereby amended to read as follows:
324.150 1. An applicant who submits his application for a segregation in a form complying with the requirements of the commission and the Secretary of the Interior in respect to surveys, determinations, maps, plats and water rights, which shall be approved by the state engineer and by the commission, and on payment to the commission of a fee of 1 cent per acre and any fee required by the state engineer for any verification thereof, may waive a request for a temporary withdrawal.
κ1975 Statutes of Nevada, Page 110 (CHAPTER 74, AB 175)κ
the Secretary of the Interior in respect to surveys, determinations, maps, plats and water rights, which shall be approved by the state engineer and by the commission, and on payment to the commission of a fee of 1 cent per acre and any fee required by the state engineer for any verification thereof, may waive a request for a temporary withdrawal.
2. If an applicant who has completed the requirements of a temporary withdrawal in respect to fees, surveys, determinations, maps, plats and water rights pays the segregation fee required by the Bureau of Land Management, the state [register] registrar of lands under the Carey Act, by direction of the commission, shall file a request on the part of the state for a segregation of the lands embraced in the approved application.
Sec. 64. NRS 324.190 is hereby amended to read as follows:
324.190 1. No assignment by any applicant for a temporary withdrawal or segregation of any right, interest, claim or equity therein, before or after its approval, and before a contract shall actually have been entered into with the state, shall be recognized by the commission unless the assignment is accompanied with a certificate signed by the assignee that he has had in his possession, and examined for his own information, a statement of the status of such application or approved segregation, prepared and subscribed by the state [register] registrar of lands under the Carey Act of a date not older than 30 days preceding the date of the execution of the assignment. Any assignment without such statement in the actual possession of the assignee prior to the execution thereof, if for a valuable consideration, shall render the assignor liable to prosecution for fraud.
2. No assignment shall be valid until it receives the approval of the commission, when the same or a certified copy thereof shall be filed with the commission by the assignee.
Sec. 65. NRS 324.210 is hereby amended to read as follows:
324.210 1. Upon the failure of any parties having contracts with the state for the construction of irrigation works to begin the same within the time specified by the contract, or to complete the same within the time or in accordance with the specifications of the contract with the state, to the satisfaction of the state engineer, the commission shall give such parties written notice of such failure. The notice shall be signed by the chairman of the commission and the state [register] registrar of lands under the Carey Act. If after a period of 60 days after the sending of such notice they shall have failed to proceed with the work or to conform to the specifications of their contract with the state, the bond and contract of such parties, and all works constructed thereunder, shall be at once and thereby forfeited to the state. The commission shall at once so declare and give notice once a week for a period of 4 weeks in some newspaper of general circulation in the county or counties in which the work is situated, and in one newspaper at the state capital in like manner and for a like period, of:
(a) The forfeiture of the contract; and
(b) That upon a fixed day proposals will be received at the office of the commission at Carson City, Nevada, for the purchase of the uncompleted works and for the completion of the contract.
2. The commission shall give notice in its advertisement for proposals for the purchase of such uncompleted works that the successful bidder therefor shall be required, before the transfer of ownership, to furnish a satisfactory bond in a prescribed sum conditioned for the faithful fulfillment of the uncompleted provisions of the contract with the state.
κ1975 Statutes of Nevada, Page 111 (CHAPTER 74, AB 175)κ
for the purchase of such uncompleted works that the successful bidder therefor shall be required, before the transfer of ownership, to furnish a satisfactory bond in a prescribed sum conditioned for the faithful fulfillment of the uncompleted provisions of the contract with the state.
3. The time of receiving bids shall be at least 60 days subsequent to the issuing of the last notice of forfeiture.
4. The money received by the commission from the sale of partially completed works under the provisions of this section shall first be applied to the expenses incurred by the state in their forfeiture and disposal and to satisfy the bond. The surplus, if any exists, shall be paid to the original contractors with the state.
Sec. 66. NRS 324.230 is hereby amended to read as follows:
324.230 1. Within 1 year after a water right is available for the irrigation of the land described in a certificate of location, the settler shall cultivate and reclaim not less than one-sixteenth part of the land filed on, and within 2 years thereafter, shall have actually irrigated and cultivated not less than one-eighth thereof. Within 3 years thereafter, the settler shall appear before the state [register] registrar of lands under the Carey Act, or the judge or clerk of any court of record within the state, or any agent designated by the commission, and make final proof of reclamation, settlement and occupation, in such form and according to such requirements as may be prescribed by the commission or the Department of the Interior. The officer taking this proof shall be entitled to receive a fee of $2, which fee shall be paid by the settler and shall be in addition to the price paid to the state for the land. When the state [register] registrar of lands under the Carey Act takes final proof, all fees received by him shall be deposited in the Carey Act trust fund.
2. The state [register] registrar of lands under the Carey Act and the agents appointed by the commission are authorized to administer oaths required under this chapter.
3. All proofs so received shall be accompanied with the final payment for such land, and upon approval by the commission the settler shall be entitled to a patent.
4. If the land is not embraced in any patent theretofore issued to the state by the United States, the proofs shall be forwarded to the Secretary of the Interior with the request that a patent to the lands be issued to the state. When the works designed for the irrigation of lands under the provisions of this chapter shall be so far completed as actually to furnish in a substantial ditch or canal, or by artesian wells or reservoirs, water to reclaim any particular tract or tracts of such land, the State of Nevada may, by and in the discretion of the commission, make proof of such fact, and apply for a patent to such lands in the manner provided by 43 U.S.C. § 642.
Sec. 67. NRS 324.240 is hereby amended to read as follows:
324.240 1. Upon the issuance of a patent to any lands by the United States, notice shall be forwarded to the settler upon such land. All patents issued by the state to the settler shall be:
(a) Signed by the governor.
(b) Attested by the state [register] registrar of lands under the Carey Act.
κ1975 Statutes of Nevada, Page 112 (CHAPTER 74, AB 175)κ
(c) Under such seal as the commission may adopt for such purpose.
(d) Recorded in the office of the state [register] registrar of lands under the Carey Act in a book kept for that purpose.
2. No patent shall issue on an assignment of a certificate of location, or by reason of a process of foreclosure, unless the assignee or purchaser under foreclosure possesses all the qualifications of an original applicant.
Sec. 68. NRS 321.670 is hereby repealed.
Sec. 69. 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:
1. If reference is made to state land registrar by its former name as the state land register, substitute the new name.
2. If reference is made to the administrator of the division of state lands of the state department of conservation and natural resources as the director of the state department of conservation and natural resources, substitute the new name.
________
Assembly Bill No. 215Committee on Legislative Functions
CHAPTER 75
AN ACT relating to peace officers; expanding the definition of peace officer to include security officers working for the legislature of the State of Nevada; and providing other matters properly relating thereto.
[Approved March 13, 1975]
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;
κ1975 Statutes of Nevada, Page 113 (CHAPTER 75, AB 215)κ
12. The state fire marshal and his deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy warden, correctional officers and other employees of the Nevada state prison when carrying out any duties prescribed by the warden of the Nevada state prison;
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 [.] ; and
22. Security officers of the legislature of the State of Nevada when protecting the persons and property of the members of the legislature, staff of the legislature and personnel of the legislative counsel bureau.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 149Committee on Legislative Functions
CHAPTER 76
AN ACT relating to audits of boards and commissions; expands list of boards required to engage independent accountant for audit of fiscal records; and providing other matters properly relating thereto.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.825 is hereby amended to read as follows:
218.825 1. Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, chapters 628 to 644, inclusive, and [chapter 653] chapters 653 and 656 of NRS shall engage the services of an independent certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year between June 30 and December 1 for the preceding fiscal year. The cost of the audit shall be paid by the board or commission audited.
κ1975 Statutes of Nevada, Page 114 (CHAPTER 76, SB 149)κ
2. A report of each such audit shall be filed with the legislative auditor and the director of the budget on or before December 1 of each year. The legislative auditor shall prescribe the shape, size and general style or makeup of the report.
3. The legislative auditor may audit the fiscal records of any such board or commission only if the legislative commission is dissatisfied with the independent audit and directs the legislative auditor to perform an audit. The cost of any such audit shall be paid by the legislative counsel bureau.
Sec. 2. The provisions of NRS 218.825 apply to the state board of Chinese medicine, the state board of hearing aid specialists and the board of marriage and family counselor examiners.
________
Senate Bill No. 148Committee on Legislative Functions
CHAPTER 77
AN ACT relating to state financial administration; making technical revisions to correct certain inappropriate and inaccurate language.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 353.075 is hereby amended to read as follows:
353.075 1. When the count of state moneys, funds and securities is completed, the legislative auditor shall make [an affidavit] a report and file the same in the office of the secretary of state. When filed with the secretary of state, the [affidavit shall be] report is a public record.
2. The [affidavit] report shall show separately:
(a) The actual amount of money in the state treasury in the custody of the state treasurer.
(b) The amounts on deposit in banks, listing each depositary bank and the amounts on deposit.
(c) Lists of all state-owned securities in the state treasury which are in the custody of the state treasurer or in depositary banks.
(d) A statement of securities deposited with the state treasurer for safekeeping showing the total value of such securities, the department or commission for whom the state treasurer holds such securities, and the purpose for which the securities were obtained.
Sec. 2. NRS 353.266 is hereby amended to read as follows:
353.266 1. There is hereby created [in the general fund] in the state treasury a fund to be known as the contingency fund. Moneys for such fund shall be provided by direct legislative appropriation.
2. Moneys in the contingency fund may be allocated and expended within the limitations and in the manner provided in NRS 353.268 and 353.269:
κ1975 Statutes of Nevada, Page 115 (CHAPTER 77, SB 148)κ
(a) For emergency use to supplement regular legislative appropriations which fail to cover unforeseen expenses.
(b) To meet expenses under requirements of law.
Sec. 3. NRS 353.269 is hereby amended to read as follows:
353.269 1. The recommendation of the state board of examiners for an allocation from the contingency fund shall be transmitted to the director of the legislative counsel bureau, who shall notify the chairman of the interim finance committee. The chairman shall call a meeting of the committee to consider the recommendation.
2. No allocation from the contingency fund may be made by the interim finance committee:
(a) To effect salary increases for state officers and employees; or
(b) Subject to the provisions of subsection 4, to provide supplementary funds for the support of a state agency or officer, or for any program, when during the preceding session of the legislature the assembly standing committee on ways and means or the senate standing committee on finance, or both such committees, by deliberate consideration and action approved the program, rejected the proposed program or reduced the requested amount of money for any existing or proposed program. However, if it is demonstrated to the interim finance committee that the preceding legislature made no appropriation for an agency or a program or reduced the amount of the requested appropriation or a new program requiring state financial participation and an Act of Congress, a regulation promulgated by the President or by an executive department of the Federal Government, or a decision of a court of the United States or of this state, enacted, promulgated or made after adjournment sine die of the preceding legislature requires an expenditure of money for which legislative authority is lacking, either absolutely or in the alternative of forfeiting a grant or grants of money or other thing of value, the interim finance committee may proceed to make an allocation therefor in the manner prescribed in subsection 3.
3. If the interim finance committee, after independent determination, finds that an allocation recommended by the state board of examiners should and may lawfully be made, the committee shall by resolution establish the amount and purpose of the allocation, and direct the state controller to transfer such amount to the appropriate fund [or fund] and account. The state controller shall thereupon make such transfer.
4. The provisions of paragraph (b) of subsection 2 shall not be effective between July 1, 1973, and June 30, 1975, inclusive.
________
κ1975 Statutes of Nevada, Page 116κ
Senate Bill No. 135Committee on Judiciary
CHAPTER 78
AN ACT relating to tear gas bombs and weapons; making county sheriffs responsible for issuing permits or licenses for possession, transportation or sale of such devices; permitting personnel of the Nevada state prison and the Nevada highway patrol to purchase, possess or transport such devices; and providing other matters properly relating thereto.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 202.380 is hereby amended to read as follows:
202.380 1. Every person, firm or corporation who within the State of Nevada knowingly sells or offers for sale, possesses or transports any form of shell, cartridge or bomb containing or capable of emitting tear gas, or any weapon designed for the use of such shell, cartridge or bomb, except as permitted under the provisions of NRS 202.370 to 202.440, inclusive, [shall be] is guilty of a gross misdemeanor.
2. Nothing in NRS 202.370 to 202.440, inclusive, shall prohibit police departments or regular salaried [members] peace officers thereof, sheriffs and their regular salaried deputies, wardens and guards of the Nevada state prison, personnel of the Nevada highway patrol or the military or naval forces of this state or of the United States from purchasing, possessing or transporting such shells, cartridges, [or] bombs or weapons for official use in the discharge of their duties.
Sec. 2. NRS 202.400 is hereby amended to read as follows:
202.400 1. [It shall be lawful for the chief of the Nevada highway patrol to] The sheriff of any county may issue a permit for the possession and transportation of such shells, cartridges, bombs or weapons [upon proof to the chief that good cause exists for the issuance thereof to the applicant for such permit.] to any applicant who submits proof that good cause exists for issuance of the permit.
2. The permit may also allow the applicant to install, maintain and operate a protective system involving the use of such shells, cartridges, bombs or weapons in any place which is accurately and completely described in the application for the permit.
Sec. 3. NRS 202.420 is hereby amended to read as follows:
202.420 [1.] Every person, firm or corporation to whom a permit is issued shall either carry the same upon his person or keep the same in the place described in the permit. The permit shall be open to inspection by any peace officer or other person designated by the authority issuing the permit.
[2. Applications and permits shall be uniform throughout the state upon forms prescribed by the director.]
Sec. 4. NRS 202.440 is hereby amended to read as follows:
202.440 The [chief of the Nevada highway patrol] sheriff of any county may also grant licenses in a form to be prescribed by him, effective for not more than 1 year from the date of issuance, to permit the sale at retail, at the place specified in the license, of such shells, cartridges, bombs or weapons, and to permit the installation and maintenance of protective systems involving the use of such shells, cartridges, bombs or weapons, subject to the following conditions, upon breach of any of which the license shall be subject to forfeiture:
κ1975 Statutes of Nevada, Page 117 (CHAPTER 78, SB 135)κ
systems involving the use of such shells, cartridges, bombs or weapons, subject to the following conditions, upon breach of any of which the license shall be subject to forfeiture:
1. Such business shall be carried on only in the building designated in the license.
2. Such license or certified copy thereof must be displayed on the premises in a place where it may easily be read.
3. No such shell, cartridge, bomb or weapon shall be delivered to any person not authorized to possess or transport the same under the provisions of NRS 202.370 to 202.440, inclusive. No protective system involving the use of such shells, cartridges, bombs or weapons shall be installed, nor shall supplies be sold for the maintenance of such system, unless the licensee has personal knowledge of the existence of a valid permit for the operation and maintenance of such system.
4. A complete record must be kept of sales made under the authority of the license, showing the name and address of the purchaser, the quantity and description of the articles purchased, together with the serial number, if any, the number and date of issue of the purchasers permit, and the signature of the purchaser or purchasing agent. No sale shall be made unless the permit authorizing possession and transportation of shells, cartridges, bombs or weapons is displayed to the seller and the information herein required is copied therefrom. This record shall be open to the inspection of any peace officer or other person designated by the [chief of the Nevada highway patrol.] sheriff.
________
Senate Bill No. 125Committee on Transportation
CHAPTER 79
AN ACT relating to vehicles; exempting ambulances, hearses and certain tow cars from certain license fees.
[Approved March 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding any other provisions of NRS 706.011 to 706.791, inclusive, ambulances, hearses and tow cars of less than 9,000 pounds unladened weight are exempt from the license fee requirements of NRS 706.506, 706.516, 706.521 and 706.526.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 118κ
Senate Bill No. 124Committee on Transportation
CHAPTER 80
AN ACT relating to equipment of vehicles; revising provision concerning head lamps on motor vehicles.
[Approved March 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.591 is hereby amended to read as follows:
484.591 1. At all times specified in NRS 484.545, [at least two lighted head lamps shall be displayed, one at each side at the front of every motor vehicle other than a motorcycle, power cycle or motor-driven cycle,] a lighted head lamp or head lamps meeting the requirements of NRS 484.549 shall be displayed on a motor vehicle except when [such] the vehicle is parked.
2. Whenever a motor vehicle equipped with head lamps is also equipped with any auxiliary lamps, spot lamp or any other lamp on the front projecting a beam of intensity greater than 300 candlepower, not more than a total of four of any such lamps may be lighted at one time when upon a highway.
________
Assembly Bill No. 11Assemblymen Getto, Dini, Howard, Heaney, Robinson, Polish and Jacobsen
CHAPTER 81
AN ACT relating to the healing arts; repealing the Basic Sciences Act of 1951; and providing other matters properly relating thereto.
[Approved March 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 634.090 is hereby amended to read as follows:
634.090 1. An applicant must, in addition to the requirements of NRS 634.080, furnish satisfactory evidence to the board that he possesses a high school education and is a graduate from a recognized college of chiropractic whose minimum course leading to the degree of doctor of chiropractic consists of not less than 4,000 hours and embraces the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis and chiropractic analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and physiotherapy.
2. Except as provided in subsection 3, every applicant [shall be] is required to submit evidence of not less than 2 years education in an accredited college or university.
3. Any applicant who has [passed a basic sciences examination and has] been licensed to practice in another state, and has been in practice for not less than 5 years, [shall not be] is not required to comply with the provisions of subsection 2.
κ1975 Statutes of Nevada, Page 119 (CHAPTER 81, AB 11)κ
for not less than 5 years, [shall not be] is not required to comply with the provisions of subsection 2.
Sec. 2. NRS 634A.190 is hereby amended to read as follows:
634A.190 Persons licensed pursuant to this chapter are not subject to the provisions of [chapters 629 and] chapter 630 of NRS.
Sec. 3. NRS 640.160 is hereby amended to read as follows:
640.160 The board, after due notice and hearing, may refuse to register any applicant, and may refuse to renew the registration of any registered person, and may suspend or revoke the registration of any registered person:
1. Who is habitually drunk or who is addicted to the use of a controlled substance as defined in chapter 453 of NRS.
2. Who has been convicted of violating any state or federal law relating to controlled substances as defined in chapter 453 of NRS.
3. Who is, in the judgment of the board, guilty of immoral or unprofessional conduct.
4. Who has been convicted of any crime involving moral turpitude.
5. Who is guilty, in the judgment of the board, of gross negligence in his practice as a physical therapist.
6. Who has obtained or attempted to obtain registration by fraud or material misrepresentation.
7. Who has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.
8. Who has treated or undertaken to treat ailments of human beings otherwise than by physical therapy and as authorized in this chapter, or who has undertaken to practice independently of the prescription, direction or supervision of a person licensed to practice medicine and surgery without limitation, unless such person is licensed in the State of Nevada to practice such treatment otherwise than by virtue of this chapter. [and by virtue of chapter 629 of NRS.]
Sec. 4. NRS 640.190 is hereby amended to read as follows:
640.190 1. A person registered under this chapter as a physical therapist shall not treat human ailments by physical therapy or otherwise except under the prescription and direction of a person licensed to practice medicine and surgery, unless such person is licensed in the State of Nevada to practice such treatment otherwise than by virtue of this chapter. [and by virtue of chapter 629 of NRS.]
2. Nothing in this chapter shall be construed as authorizing a physical therapist, whether registered or not, to practice medicine, osteopathy, chiropractic or any other form or method of healing.
3. Any person violating the provisions of this section shall be guilty of a misdemeanor.
Sec. 5. NRS 629.010, 629.020, 629.030, 629.040, 629.050, 629.055, 629.060, 629.070, 629.080, 629.090, 629.100, 629.110, 629.120, 629.130, 629.140, 629.150 and 641.200 are hereby repealed.
________
κ1975 Statutes of Nevada, Page 120κ
Assembly Bill No. 36Committee on Judiciary
CHAPTER 82
AN ACT relating to liquid silicone substances; prohibiting the injection of such substances into the human body; prohibiting the sale of such substances for injection into the human body; providing penalties; adding to the grounds for suspension or revocation of licenses under chapters 630, 633 and 634A of NRS; and providing other matters properly relating thereto.
[Approved March 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for any person to:
(a) Inject any liquid silicone substance into the human body; or
(b) Sell or offer for sale in this state any liquid silicone substance for the purpose of injection into the human body.
2. Every person who violates the provisions of subsection 1 is guilty of a felony.
Sec. 2. NRS 630.030 is hereby amended to read as follows:
630.030 As used in this chapter, unprofessional conduct means:
1. Willfully and intentionally making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice medicine.
2. Willfully and intentionally representing with the purpose of obtaining compensation or other advantages for himself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
3. Performing, assisting or advising an unlawful abortion.
4. Advertising the practice of medicine in an unethical manner.
5. Engaging in any unethical or deceptive professional conduct or medical practice harmful to the public, in which proof of actual injury need not be established.
6. Willful disobedience of the rules and regulations of the state board of health or of the board of medical examiners.
7. Conviction of any offense involving moral turpitude or the conviction of a felony. The record of the conviction shall be conclusive evidence of unprofessional conduct.
8. Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law and not primarily for the purpose of catering to the cravings of an addict.
9. Conviction of violation of any federal or state law regulating the possession, distribution or use of any such controlled substance. The record of conviction shall be conclusive evidence of such unprofessional conduct.
10. Practicing medicine when unable to do so with reasonable skill and safety to patients by reason of illness, excessive use of alcohol or alcoholic beverages or any controlled substance as defined in chapter 453 of NRS, or any mental or physical condition.
κ1975 Statutes of Nevada, Page 121 (CHAPTER 82, AB 36)κ
11. Any departure from, or failure to conform to, the minimal standards of acceptable and prevailing medical practice, in which proof of an actual injury to a patient need not be established.
12. Any conduct detrimental to the public health, safety or morals.
13. Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision or term of this chapter.
14. Employing, directly or indirectly, any suspended or unlicensed person in the practice of medicine, or the aiding or abetting of any unlicensed person to practice medicine as defined in this chapter.
15. Directly or indirectly giving to or receiving from any person, firm or corporation, any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with a person licensed under this chapter in his professional capacity or for any professional services not actually and personally rendered. This subsection does not prohibit persons holding valid and current licenses under this chapter from practicing medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or from pooling, sharing, dividing or apportioning the fees and moneys received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association. This subsection does not abrogate the right of two or more persons holding valid and current licenses under this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and responsibility assumed by each.
16. Practicing medicine after having been adjudicated insane by a court of competent jurisdiction within or out of this state. The record of the adjudication, judgment or order of commitment is conclusive evidence of such adjudication.
17. Performing, assisting or advising in the injection of any liquid silicone substance into the human body.
Sec. 3. NRS 633.120 is hereby amended to read as follows:
633.120 The board may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
1. Conviction of a felony, conviction of any offense involving moral turpitude, or conviction of a violation of any state or federal law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS, as shown by a certified copy of the record of the court.
2. The obtaining of or any attempt to obtain a license, or practice in the profession for money or any other thing of value, by fraudulent misrepresentations.
3. Gross malpractice.
4. Advertising by means of knowingly false or deceptive statements.
5. Advertising, practicing or attempting to practice under a name other than ones own.
6. Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in chapter 453 of NRS.
κ1975 Statutes of Nevada, Page 122 (CHAPTER 82, AB 36)κ
7. Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter.
8. Performing an unlawful abortion or assisting or advising the performance of an unlawful abortion.
9. Sustaining a physical or mental disability which renders further practice dangerous.
10. Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice osteopathy.
11. Using any false or fraudulent statement in connection with the practice of osteopathy.
12. Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter.
13. Adjudication of incompetency or insanity.
14. Advertising in an unethical or unprofessional manner.
15. Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment.
16. Willful violation of a privileged communication.
17. Failure of a licensee to designate his school of practice in the professional use of his name by the term physician, surgeon, D.O., osteopathic physician and surgeon, osteopathic physician or doctor of osteopathy, or by a similar term.
18. Willful violation of the law or of the rules and regulations of the state board of health.
19. Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, except for the prevention, alleviation or cure of disease or for relief from suffering.
20. Performing, assisting or advising in the injection of any liquid silicone substance into the human body.
Sec. 4. NRS 634A.170 is hereby amended to read as follows:
634A.170 The board may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
1. Conviction of a felony, conviction of any offense involving moral turpitude or conviction of a violation of any state or federal law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS, as shown by a certified copy of record of the court;
2. The obtaining of or any attempt to obtain a license or practice in the professon for money or any other thing of value, by fraudulent misrepresentations;
3. Gross malpractice;
4. Advertising by means of knowingly false or deceptive statement;
5. Advertising, practicing or attempting to practice under a name other than ones own;
6. Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in chapter 453 of NRS;
7. Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter;
κ1975 Statutes of Nevada, Page 123 (CHAPTER 82, AB 36)κ
8. Sustaining a physical or mental disability which renders further practice dangerous;
9. Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice under this chapter;
10. Using any false or fraudulent statement in connection with the practice of traditional Chinese medicine or any branch thereof;
11. Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter;
12. Being adjudicated incompetent or insane;
13. Advertising in an unethical or unprofessional manner;
14. Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment;
15. Willful disclosure of a privileged communication;
16. Failure of a licensee to designate his school of practice in the professional use of his name by the term traditional Chinese doctor, doctor of acupuncture, doctor of herbal medicine or acupuncture assistant, as the case may be;
17. Willful violation of the law relating to the health, safety or welfare of the public or of the rules and regulations promulgated by the state board of health; [and]
18. Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, except for the prevention, alleviation or cure of disease or for relief from suffering [.] ; and
19. Performing, assisting or advising in the injection of any liquid silicone substance into the human body.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 107Assemblymen Bennett, Chaney and Lowman
CHAPTER 83
AN ACT relating to certain funds of the welfare division of the department of human resources; abolishing the foster care fund, child welfare services fund and handicapped children fund; creating the state child welfare services fund; and providing other matters properly relating thereto.
[Approved March 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 432.050 is hereby amended to read as follows:
432.050 [1. Except as provided in subsection 2, all] All moneys appropriated by the legislature pursuant to the provisions of NRS 432.040 or received from the United States pursuant to Title IV of the Social Security Act shall be placed in the state treasury in a fund designated the [foster care fund,] state child welfare services fund, out of which shall be paid the expenses incurred in providing maintenance and special services under the provisions of this chapter.
κ1975 Statutes of Nevada, Page 124 (CHAPTER 83, AB 107)κ
[2. Moneys appropriated by the legislature pursuant to NRS 432.040 for maintenance and special services for:
(a) Unmarried mothers and children awaiting adoptive placement; and
(b) Handicapped children who are receiving specialized care, training or education;
shall be placed in the state treasury in funds designated the child welfare services fund and the handicapped children fund, respectively, out of which shall be paid the expenses incurred in providing such maintenance and special services.]
Sec. 2. NRS 432.060 is hereby amended to read as follows:
432.060 1. Each county which chooses to participate in the program of public child welfare services established by this chapter shall provide sufficient funds with which to pay all expenses incurred by such county under the provisions of subsection 1 of NRS 432.040. For that purpose the board of county commissioners of each county of this state and all the other officers in this state having anything to do with the assessment and collection of property taxes shall levy, assess and collect an ad valorem tax on all the taxable property in their respective counties at a sufficient tax rate to provide ample money with which to pay all expenses required to be paid by each county in complete compliance with the provisions of this chapter.
2. The proceeds of such tax so collected shall be placed in the indigent fund in the county treasury, out of which the county treasurer shall transmit to the state treasurer monthly or quarterly, at the time required by the rules and regulations of the department, the full amount necessary to pay 33 1/3 percent of the nonfederal share of payments for the expenses provided for in NRS 432.040, incurred by that county, and as certified to him by the county clerk of that county.
[3. The state treasurer shall place the moneys received from the county treasurers in funds in the state treasury to be designated the foster care fund ................ County, naming the particular county from which the particular money was transmitted to him, and shall keep the money so transmitted from each county in a separate account as funds of that particular county, to be used for the purposes of this chapter.]
Sec. 3. NRS 432.070 is hereby amended to read as follows:
432.070 1. The state welfare administrator shall furnish to the state controller a full, true and correct list of claimants in each county entitled to payment for the care and services provided for in this chapter, and of the amount to be paid to each of them from the [several funds provided for in this chapter,] state child welfare services fund, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the [particular fund] state child welfare services fund payable to each claimant in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal, state and county funds to which each claimant is entitled under the provisions of this chapter.
κ1975 Statutes of Nevada, Page 125 (CHAPTER 83, AB 107)κ
3. Immediately after the warrants have been drawn, the state controller shall deliver or mail them to the welfare division. Immediately thereafter the welfare division shall mail them to the individual recipients. The facilities of the central mailing room shall be used.
Sec. 4. NRS 432.080 is hereby amended to read as follows:
432.080 All administrative expenses incurred by the welfare division in carrying out the provisions of this chapter shall be paid out of funds which may be appropriated by the legislature from the general fund and out of such other moneys as may from time to time be made available to the welfare division for the payment of administrative expenses. [The money appropriated by the legislature shall be deposited in the state welfare fund of the state treasury, and disbursements] Disbursements shall be made upon claims filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed. All claims shall be approved by the state welfare administrator before they are paid.
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Assembly Bill No. 187Committee on Judiciary
CHAPTER 84
AN ACT relating to traffic laws; revising provisions concerning arrest without a warrant for violation of certain traffic laws; and providing other matters properly relating thereto.
[Approved March 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.791 is hereby amended to read as follows:
484.791 1. Any peace officer may, without a warrant, arrest a person if [he] the officer has reasonable cause for believing that such person has committed any of the following offenses:
(a) Homicide by vehicle;
(b) Driving, or being in actual physical control of, a vehicle while under the influence of intoxicating liquor;
(c) Driving a vehicle while under the influence of any [narcotic drug,] controlled substance, or driving a vehicle while under the influence of any other drug to a degree which renders the person incapable of safely driving a vehicle;
(d) Failure to stop, or failure to give information, or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries, as prescribed in NRS [484.221;] 484.219 and 484.223;
(e) Failure to stop, or failure to give information, in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway, as prescribed in NRS [484.223, 484.225 and 484.229; or] 484.221 and 484.225; or
(f) Reckless driving.
2. Whenever any person is arrested as authorized in this section he shall be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (e) and (f) a peace officer shall have the same discretion as is provided in other cases in NRS 484.795.
κ1975 Statutes of Nevada, Page 126 (CHAPTER 84, AB 187)κ
shall be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (e) and (f) a peace officer shall have the same discretion as is provided in other cases in NRS 484.795.
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Assembly Bill No. 268Committee on Government Affairs
CHAPTER 85
AN ACT relating to interstate waters; permitting the administrator of the division of Colorado River resources of the state department of conservation and natural resources to contract for the use, exchange and purchase of power from any source; and providing other matters properly relating thereto.
[Approved March 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 538.161 is hereby amended to read as follows:
538.161 The duties of the administrator shall be:
1. To collect and arrange all data and information connected with the Colorado River and its tributaries which may affect or be of interest to the State of Nevada.
2. To represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, [or] exchange and purchase of power from any source and for [the use of] participation in electrical generating [machinery] and power transmission [lines] capability, both within and outside of the State of Nevada, [but for use within] for maximum possible benefit to the State of Nevada, and to present the same through the director to the governor for his information and approval. The administrator may contract for the supply of electric energy to any corporation or cooperative created under the laws of the State of Nevada that is being operated principally for service to Nevada citizens and may be serving incidental energy to citizens of other states contiguous to its service area in the State of Nevada.
3. To represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River or its tributaries, or in connection with Hoover Dam or other federally operated dams.
4. To render the friendly cooperation of the State of Nevada to such constructive enterprises as look to the conservation of the waters of the Colorado River and its tributaries and the development of power thereon.
5. To render friendly cooperation to and to negotiate with, cooperate with, and invite industries for the purpose of establishing the same within the State of Nevada.
6. To negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the water of the Colorado River and its tributaries.
κ1975 Statutes of Nevada, Page 127 (CHAPTER 85, AB 268)κ
and of the United States in the water of the Colorado River and its tributaries.
7. To make and enter into agreements, compacts or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally, which agreements, compacts or treaties, however, will not become binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.
8. To report through the director to the governor such measures and legislative action as may be deemed necessary to secure to the people of Nevada all possible benefits from the water of the Colorado River allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Hoover Dam or elsewhere within the Colorado River stream system or from any [private or federal] power development [upon other rivers] in the western United States for [use in] maximum possible benefit to the State of Nevada.
9. To cooperate with and to establish, conduct and maintain, in conjunction with other states or federal agencies, power, water and irrigation projects.
________
Senate Bill No. 59Committee on Health, Welfare and State Institutions
CHAPTER 86
AN ACT relating to the bureau of services to the blind in the rehabilitation division of the department of human resources; authorizing the bureau to comply with federal requirements relating to the vending stand program; and providing other matters properly relating thereto.
[Approved March 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 426.590 is hereby amended to read as follows:
426.590 The bureau is hereby designated as the licensing agency for the purposes of 20 U.S.C. § 107(a-f), and acts amendatory thereto [.] , and the bureau is authorized to comply with such requirements as may be necessary to qualify for federal approval and achieve maximum federal participation in the vending stand program under such federal statutes.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 128κ
Senate Bill No. 68Senators Raggio and Walker
CHAPTER 87
AN ACT relating to blood and blood products; authorizing certain health agencies and officers to disseminate to blood banks identifying data concerning any person with a history of viral hepatitis; providing a penalty; and providing other matters properly relating thereto.
[Approved March 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 460 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state board of health, state health officer and any health authority, as defined in NRS 439.005, may disseminate to any blood bank in the State of Nevada identifying data concerning any person with a history of viral hepatitis.
2. The state board of health shall, pursuant to NRS 439.210, adopt regulations specifying the identifying data to be disseminated to blood banks pursuant to subsection 1.
3. Any identifying data received by a blood bank pursuant to this section is confidential and may be used only for screening prospective blood donors.
4. Any person who has access to identifying data disseminated to a blood bank pursuant to this section and who divulges or uses such information in any manner except to screen prospective blood donors is guilty of a misdemeanor.
________
Senate Bill No. 185Committee on Legislative Functions
CHAPTER 88
AN ACT relating to the state board of examiners; allowing the authorization of a petty cash account for a state agency; providing criteria for purpose and payment; and providing other matters properly relating thereto.
[Approved March 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state board of examiners may authorize the establishment of a petty cash account not to exceed $100 by any state agency out of the agencys budgeted resources.
2. If a petty cash account is so authorized for any state agency, the state board of examiners shall:
(a) Define the purposes for which the petty cash account may be used; and
κ1975 Statutes of Nevada, Page 129 (CHAPTER 88, SB 185)κ
(b) Provide that replenishment claims shall be paid from the agencys budgeted resources and processed as other claims against the state are paid.
________
Senate Bill No. 249Committee on Finance
CHAPTER 89
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved March 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $500,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 116Committee on Transportation
CHAPTER 90
AN ACT relating to equipment of vehicles; requiring use of portable lamps on towed vehicle in daylight as well as darkness.
[Approved March 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.637 is hereby amended to read as follows:
484.637 1. Tow cars used to tow vehicles shall be equipped with and carry a rear lamp, a stop lamp and a portable electric extension cord for use in displaying the lamp on the rear of the disabled vehicle.
2. Whenever a disabled vehicle is towed, [during darkness and the rear lamp of the disabled vehicle cannot be lighted,] the tow car operator shall connect and display such lamps, or a combination of them, on the rear of the disabled vehicle by means of the extension cord.
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κ1975 Statutes of Nevada, Page 130κ
Assembly Bill No. 154Committee on Transportation
CHAPTER 91
AN ACT relating to equipment of vehicles; increasing the minimum gross weight and otherwise revising brake equipment requirements for trailers and other vehicles; and providing other matters properly relating thereto.
[Approved March 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.593 is hereby amended to read as follows:
484.593 1. Every motor vehicle, trailer, semitrailer, house trailer and pole trailer, and any combination of such vehicles operating upon a highway shall be equipped with brakes in compliance with the requirements of this chapter.
2. Every such vehicle and combination of vehicles, except:
(a) Special mobile equipment towed by a motor vehicle at a speed of 20 miles per hour or less;
(b) Trailers, semitrailers and house trailers [under 1,500 pounds gross weight,] having a gross weight of 3,000 pounds or less, except as provided in subsection 6; and
(c) Pole dollies when used in the transportation of poles at a speed of 20 miles per hour or less by a public utility or agency engaged in the business of supplying electricity or telephone service, when such transportation is between storage yards or between a storage yard and a job location where such poles are to be used,
shall be equipped with service brakes complying with the performance requirements of NRS 484.595 and adequate to control the movement of and to stop and hold such vehicle under all conditions of loading, and on any grade incident to its operation.
3. Every such vehicle and combination of vehicles, except motorcycles, shall be equipped with parking brakes adequate to hold the vehicle or combination of vehicles on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the drivers muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power-assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brakedrums, brakeshoes and lining assemblies, brakeshoe anchors and mechanical brakeshoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part will not leave the vehicle without operative brakes.
4. Every vehicle shall be equipped with brakes acting on all wheels except:
κ1975 Statutes of Nevada, Page 131 (CHAPTER 91, AB 154)κ
(a) Trailers, semitrailers, house trailers or pole trailers [.] , manufactured or assembled before July 1, 1975, having a gross weight of 3,000 pounds or less.
(b) Any vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of NRS 484.595.
(c) Trucks and truck tractors having three or more axles, which need not have brakes on the front wheels, except that when such vehicles are equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. However, such trucks and truck tractors must be capable of complying with the performance requirements of NRS 484.595.
(d) Special mobile equipment.
(e) The wheel of a sidecar attached to a motorcycle which need not be equipped with brakes if such motorcycle is capable of complying with the performance requirements of NRS 484.595.
5. Every trailer, semitrailer, house trailer and pole trailer equipped with air- or vacuum-actuated brakes and every trailer, semitrailer, house trailer and pole trailer with a gross weight in excess of 3,000 pounds, manufactured or assembled after July 1, 1969, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least 15 minutes, upon breakaway from the towing vehicle.
6. Every trailer, semitrailer, house trailer or pole trailer of [1,500] 3,000 pounds or more gross weight or equaling more than 40 percent of the towing vehicle, manufactured or assembled before July 1, 1975, shall be equipped with brakes on at least two wheels.
7. Except as otherwise provided by law, every motor vehicle used to tow a trailer, semitrailer, house trailer or pole trailer equipped with brakes shall be equipped with means for providing that, in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes.
8. Air brake systems installed on trailers shall be so designed that the supply reservoir used to provide air for the brakes is safeguarded against backflow of air from the reservoir through the supply line.
9. Every motor vehicle, trailer, semitrailer, house trailer or pole trailer, manufactured or assembled after July 1, 1975, and operating upon a highway shall be equipped with service brakes on all wheels of every vehicle, except:
(a) A trailer, semitrailer, house trailer or pole trailer of less than 1,500 pounds gross weight need not be equipped with brakes; and
(b) Three-axle trucks, trucks and truck tractors need only be equipped with brakes on all wheels of the two rear axles.
Sec. 2. NRS 484.601 is hereby amended to read as follows:
484.601 Every motor vehicle, trailer, semitrailer, house trailer and pole trailer, and every combination of such vehicles, except motorcycles, power cycles and motor-driven cycles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. The braking system on the towed vehicle may be surge actuated brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle.
κ1975 Statutes of Nevada, Page 132 (CHAPTER 91, AB 154)κ
or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle.
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Assembly Bill No. 149Committee on Transportation
CHAPTER 92
AN ACT relating to vehicle licensing; exempting certain plates from the duplicate plate fee; and clarifying requirements for substitute and duplicate certificates, decals and plates.
[Approved March 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.285 is hereby amended to read as follows:
482.285 1. If any [number plate or] certificate of registration or certificate of ownership [shall be] is lost, mutilated or [shall have become] illegible, the person to whom [the same shall have been] it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon furnishing information of such fact satisfactory to the department and upon payment of the required fees.
2. If any special license plate or plates issued pursuant to NRS 482.368, 482.370, 482.373 or 482.374 are lost, mutilated or illegible, the person to whom such plate or plates were issued shall immediately make application for and obtain a duplicate license plate or plates.
3. If any license plate or plates, other than those provided for in subsection 2, or any decal is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a substitute therefor upon:
(a) Furnishing information of such fact satisfactory to the department; and
(b) Payment of the fees required by NRS 482.500.
Sec. 2. NRS 482.500 is hereby amended to read as follows:
482.500 [Whenever] 1. Except as provided in subsection 2, whenever any duplicate or substitute certificate of registration or ownership, decal or number plate is issued upon application, the following fees shall be paid:
For a certificate of registration or ownership................................. $2.00
For every number plate..................................................................... 2.00
For every decal (license plate sticker or tab).............................. 1.00
2. No fee shall be charged for a duplicate plate or plates issued under NRS 482.368, 482.370, 482.373 or 482.374.
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κ1975 Statutes of Nevada, Page 133κ
Assembly Bill No. 124Committee on Transportation
CHAPTER 93
AN ACT relating to drivers licenses; adding to the list of grounds for suspension; clarifying procedures for issuance of demerit points under the demerit point system; and providing other matters properly relating thereto.
[Approved March 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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 [.] ; or
(h) Has failed or refused to comply with the terms and conditions of issuance of a restricted license.
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.
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. In the event of conviction of two or more traffic violations committed on a single occasion, points shall be assessed for one offense, and if the point values differ, points shall be assessed for the offense having the greater point value. 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.
κ1975 Statutes of Nevada, Page 134 (CHAPTER 93, AB 124)κ
6. When any driver has accumulated three or more demerit points, but less than 12, the department shall notify him of this fact. If, after the department mails such notice, 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 or more 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. The three demerit points can only be canceled from a drivers record during the 12-month period immediately following the drivers successful completion of the traffic safety school.
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 or more 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.
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κ1975 Statutes of Nevada, Page 135κ
Assembly Bill No. 198Assemblyman Dini
CHAPTER 94
AN ACT relating to the taxation of mines; providing a definition of royalty payment; revising amounts and procedures for imposing penalties for failure to file required statements; and providing other matters properly relating thereto.
[Approved March 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 362 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in sections 362.100 to 362.240, inclusive, unless the context otherwise requires:
1. Royalty payment means a portion of the production proceeds of a mine paid for the privilege of mining.
2. Royalty payments do not include:
(a) Rental payments or other compensatory payments which are fixed and certain in amount and payable periodically over a fixed period regardless of the extent of use of the mine; or
(b) Minimum royalty payments covering periods when the mine is not in production, which payments are fixed and certain in amount and payable on a regular periodic basis.
Sec. 2. NRS 362.230 is hereby amended to read as follows:
362.230 1. Every person, association or corporation operating any mine or mines in this state, and every recipient of royalty payments in connection therewith, who fails to file with the Nevada tax commission the statements provided for in NRS 362.100 to 362.240, inclusive, during the time and in the manner provided for in NRS 362.100 to 362.240, inclusive, [is liable to a penalty of not less than $100 nor more than $5,000, and if] shall pay a penalty of not more than 10 percent of the amount of the tax due or $5,000, whichever is less. If any such person, association or corporation fails to file such statement, the Nevada tax commission may ascertain and certify the net proceeds of such mine or mines or the value of such royalty payments from all data and information obtainable [.] , and the amount of the tax due shall be computed on the basis of the amount due so ascertained and certified.
2. The secretary of the Nevada tax commission shall determine the amount of such penalty. This penalty becomes a debt due the State of Nevada and, upon collection, shall be deposited in the general fund in the state treasury.
3. Any person, association or corporation operating a mine or mines in this state or any recipient of royalty payments may appeal the imposition of penalty and interest to the Nevada tax commission by filing a notice of appeal within 30 days after the decision of the secretary.
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κ1975 Statutes of Nevada, Page 136κ
Senate Bill No. 2Senator Dodge
CHAPTER 95
AN ACT making an appropriation from the general fund in the state treasury to the University of Nevada for equipment purchases, renovation and operation of the state analytical laboratory in order to provide water quality analysis required by the Environmental Protection Agency.
[Approved March 20, 1975]
Whereas, The Environmental Protection Agency requires water quality analysis to be performed on all diversions and points of irrigation return flows from certain agricultural operations within the State of Nevada; and
Whereas, The state analytical laboratory is not presently equipped to perform the specific analytical techniques that are required by the Environmental Protection Agency; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the University of Nevada the sum of $38,000 for the fiscal year beginning July 1, 1975, and ending June 30, 1976, and $20,000 for the fiscal year beginning July 1, 1976, and ending June 30, 1977, for equipment purchases, renovation and operation of the state analytical laboratory.
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Senate Bill No. 221Committee on Government Affairs
CHAPTER 96
AN ACT relating to the General Improvement District Law; increasing the permitted compensation payable to trustees of districts with certain basic powers; clarifying the priority of the districts lien for unpaid rates, tolls or charges; and providing other matters properly relating thereto.
[Approved March 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 318.085 is hereby amended to read as follows:
318.085 1. After taking oaths and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.
2. The board shall adopt a seal.
3. The secretary shall keep, in a well-bound book, a record of all of the boards proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and all corporate acts, which book shall be open to inspection of all owners of real property in the district as well as to all other interested persons.
κ1975 Statutes of Nevada, Page 137 (CHAPTER 96, SB 221)κ
4. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the county clerk, at the expense of the district, a corporate surety bond in an amount not more than $50,000, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of the duties of his office. Any other officer or trustee who actually receives or disburses money of the district shall furnish a bond as provided in this subsection. The board of county commissioners may from time to time, upon good cause shown, increase or decrease the amount of such bond.
5. Except as otherwise provided in this subsection, no member of the board shall receive compensation for his services. Each member of the board of a district organized or reorganized pursuant to this chapter and authorized to exercise any of the basic powers provided in NRS 318.140, 318.142, 318.144 and 318.1192 shall receive as compensation for his service a sum not in excess of [$900] $1,800 per year, payable monthly, but no member of such board shall receive any compensation as an employee of the district or otherwise, other than that herein provided.
Sec. 2. NRS 318.200 is hereby amended to read as follows:
318.200 1. Subject to the provisions of NRS 318.140 and 318.144, the board shall have the power to fix, and from time to time increase or decrease, electric energy, cemetery, swimming pool, other recreational facilities, television, sewer, water, lighting, garbage or refuse rates, tolls or charges (other than special assessments), including but not necessarily limited to service charges and standby service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and to pledge such revenue for the payment of any indebtedness or special obligations of the district.
2. Until paid, all rates, tolls or charges shall constitute a perpetual lien on and against the property served, and such perpetual lien shall be prior and superior to all liens, claims and titles other than liens of general taxes and special assessments, and not subject to extinguishment by the sale of any property on account of nonpayment of any such liens, claims and titles including the liens of general taxes and special assessments, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics liens. Before any such lien is foreclosed the board shall hold a hearing thereon after notice thereof by publication and by registered or certified first class mail, postage prepaid, addressed to the last-known owner at his last-known address according to the records of the district and the real property assessment roll in the county in which the property is located.
3. The board shall prescribe and enforce rules and regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.
4. The board may provide for the collection of charges. Provisions may be made for, but are not limited to:
(a) The granting of discounts for prompt payment of bills.
(b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 years charges either from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which such services and facilities are to be used; but in case of nonpayment of all or part of a bill such deposits or prepaid charges shall be applied only insofar as necessary to liquidate the cumulative amount of such charges plus penalties and cost of collection.
κ1975 Statutes of Nevada, Page 138 (CHAPTER 96, SB 221)κ
service and using the facilities of the enterprise or from the owners of property on which or in connection with which such services and facilities are to be used; but in case of nonpayment of all or part of a bill such deposits or prepaid charges shall be applied only insofar as necessary to liquidate the cumulative amount of such charges plus penalties and cost of collection.
(c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.
5. The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty shall not be more than 10 percent of each months charges for the first month delinquent. In addition to the basic penalty it may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. On the 1st day of the calendar month following the date of payment specified in the bill the charge shall become delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. It may provide for collection of the penalties provided for in this section.
6. The board may provide that charges for any service shall be collected together with and not separately from the charges for any other service rendered by it, and that all charges shall be billed upon the same bill and collected as one item.
7. The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by such person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by any such person, firm or corporation pursuant to any such contract is not paid and if such person, firm or corporation renders any public utility service to the person billed, such person, firm or corporation may discontinue its utility service until such bill is paid, and the contract between the board and such person, firm or corporation may so provide.
8. As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.
Sec. 3. This act shall become effective upon passage and approval.
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κ1975 Statutes of Nevada, Page 139κ
Assembly Bill No. 144Committee on Health and Welfare
CHAPTER 97
AN ACT relating to care of indigent tubercular patients; authorizing the health division of the department of human resources to investigate their financial resources and determine their ability to contribute to cost of public medical and hospital care.
[Approved March 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 443.105 is hereby amended to read as follows:
443.105 1. Every person who, under the regulations of the board, is found to be infected with active tuberculosis, and to constitute a threat to the health and safety of the public, or who is suspected of being so infected, shall be cared for at public expense, if he produces a written statement subscribed and sworn to or affirmed before a notary public declaring that he is unable to pay for medical or hospital care. The health division may investigate his financial circumstances and determine what insurance or other resources, if any, he has available to apply to the expenses of his care.
2. The cost of such care at public expense shall be paid by the health division from moneys provided by direct legislative appropriation and within the limits of such appropriation.
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Assembly Bill No. 273Committee on Transportation
CHAPTER 98
AN ACT relating to highways and roads law; requiring the board of directors of the department of highways to prepare and submit to the governor a proposed work program for the ensuing fiscal year; and providing other matters properly relating thereto.
[Approved March 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 408.280 is hereby amended to read as follows:
408.280 1. On or before July 15 of each year the board shall have prepared and presented to the governor a detailed [budget,] , proposed work program, the form and content to be determined by the board, for the fiscal year ending the following June 30, stating therein the amount, character, and nature of the construction, reconstruction [,] and improvements [, studies and maintenance work] to be [performed] initiated on the highways within the respective counties of the state during the ensuing fiscal year, together with an estimate of the cost [of] to complete such work.
2. The board shall cause a copy of [such budget] the proposed work program to be printed and a copy mailed to the chairman of the board of county commissioners of the several counties of the state, and a copy shall be furnished to all news media in the state.
κ1975 Statutes of Nevada, Page 140 (CHAPTER 98, AB 273)κ
program to be printed and a copy mailed to the chairman of the board of county commissioners of the several counties of the state, and a copy shall be furnished to all news media in the state.
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Senate Bill No. 210Senator Gibson
CHAPTER 99
AN ACT relating to registered professional engineers and land surveyors; providing additional ground for revoking professional certificates of registration.
[Approved March 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.410 is hereby amended to read as follows:
625.410 The board [shall have the power to] may revoke the certificate of registration of any registrant who is found guilty of:
1. The practice of any fraud or deceit in obtaining a certificate of registration.
2. Any gross negligence, incompetency or misconduct in the practice of professional engineering as a registered professional engineer or in the practice of land surveying as a registered land surveyor.
3. Aiding or abetting any person in the violation of any provision of this chapter.
4. A felony or any crime involving moral turpitude.
5. A violation of the rules or code of conduct adopted by the board pursuant to NRS 625.140.
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Senate Bill No. 219Committee on Government Affairs
CHAPTER 100
AN ACT relating to county government; authorizing the board of county commissioners to include the expense of maintaining an art center in the annual budget of the county; and providing other matters properly relating thereto.
[Approved March 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.377 is hereby amended to read as follows:
244.377 1. The board of county commissioners of any county may include in the annual budget of the county items to cover the expense of maintaining a county museum, art center or historical society.
2. The expenditures so budgeted may be met by including them in the annual tax levy of the county; but in no case may the tax levy for such purposes in any 1 year exceed 5 cents on each $100 of the assessed valuation of the property of that county.
3. The proceeds of the tax levy may be paid under contract to a nonprofit historical society, nonprofit museum board or other nonprofit board, committee or organization for their use in paying salaries of museum or art center personnel, in building and maintaining exhibits, in purchasing cabinets, in displaying items and in conducting [museum-related] activities [,] related to a museum or art center, but in no case may such organization or board make capital improvements without the express approval of the board of county commissioners.
κ1975 Statutes of Nevada, Page 141 (CHAPTER 100, SB 219)κ
committee or organization for their use in paying salaries of museum or art center personnel, in building and maintaining exhibits, in purchasing cabinets, in displaying items and in conducting [museum-related] activities [,] related to a museum or art center, but in no case may such organization or board make capital improvements without the express approval of the board of county commissioners.
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Senate Bill No. 143Committee on Finance
CHAPTER 101
AN ACT making additional and supplemental appropriations from the general fund in the state treasury for the support of the Nevada state prison; and providing other matters properly relating thereto.
[Approved March 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the Nevada state prison:
1. The sum of $79,354 for the fiscal year beginning on July 1, 1973, and ending on June 30, 1974;
2. The sum of $538,085 for the fiscal year beginning on July 1, 1974, and ending on June 30, 1975,
as additional and supplemental appropriations to those allowed and made by section 36 of chapter 769, Statutes of Nevada 1973.
Sec. 2. After June 30, 1975, unexpended balances of the appropriations made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 141Committee on Finance
CHAPTER 102
AN ACT making an appropriation from the general fund to the reserve for statutory contingency fund.
[Approved March 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $103,442 to the reserve for statutory contingency fund created pursuant to NRS 353.264.
Sec. 2. This act shall become effective upon passage and approval.
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κ1975 Statutes of Nevada, Page 142κ
Senate Bill No. 129Committee on Transportation
CHAPTER 103
AN ACT relating to traffic laws; changing the responsibility of a person in charge of a garage or repair shop for reporting to law enforcement authorities his receipt of certain damaged vehicles; excepting vehicles with damage stickers; and providing other matters properly relating thereto.
[Approved March 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.241 is hereby amended to read as follows:
484.241 1. The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident [of which written report must be made by the driver or owner thereof as provided in NRS 484.229] shall report to the local police department if such garage or shop is located within a city, otherwise to the office of the county sheriff or the nearest office of the Nevada highway patrol, within 24 hours after such motor vehicle is received by the garage or repair shop, giving the serial number, registration number and the name and address of the owner or operator of such vehicle [.] , unless a damage sticker has been affixed to it by a local police department, a county sheriffs department or the Nevada highway patrol.
2. The provisions of this section shall not apply where the local authority having jurisdiction has enacted an ordinance in substantial compliance with this section.
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Senate Bill No. 126Committee on Transportation
CHAPTER 104
AN ACT relating to traffic laws; requiring a peace officer to include the drivers license number, if any, on a traffic citation.
[Approved March 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.799 is hereby amended to read as follows:
484.799 1. Whenever a person is halted by a peace officer for any violation of this chapter punishable as a misdemeanor and is not taken before a magistrate as required or permitted by NRS 484.793 and 484.795, the peace officer may prepare in quadruplicate a written traffic citation in the form of a complaint issuing in the name of The State of Nevada, containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the number of his drivers license, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person shall appear in court, and such other pertinent information as may be necessary. The citation shall be signed by the peace officer.
κ1975 Statutes of Nevada, Page 143 (CHAPTER 104, SB 126)κ
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice to appear must be before a magistrate, as designated in NRS 484.803.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the written traffic citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. A copy of the citation signed by the person charged shall suffice as proof of service.
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Senate Bill No. 34Senator Monroe
CHAPTER 105
AN ACT to amend NRS 269.169, relating to amendment or extension of town code, to correctly provide that an amendment or extension be filed with the supreme court law library.
[Approved March 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 269.169 is hereby amended to read as follows:
269.169 The town code may, by ordinance regularly passed, adopted and published, be amended or extended. All general ordinances passed after the adoption of a town code shall be amendments or extensions thereof. No section of the code shall be amended by reference only, but the section, as amended, shall be reenacted and published at length. Three copies of any amendment or extension shall be filed with the town or county clerk and two copies of any amendment or extension shall be filed with the librarian of the [Nevada state] supreme court law library.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 33Senator Monroe
CHAPTER 106
AN ACT to amend NRS 205.271, relating to crimes concerning motor vehicles, to furnish correct internal reference.
[Approved March 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 205.271 is hereby amended to read as follows:
205.271 As used in NRS 205.2715, 205.273 and 205.274, the word owner means a person having the lawful use or control or the right to the use and control of a vehicle under a lease or otherwise for a period of 10 or more successive days.
κ1975 Statutes of Nevada, Page 144 (CHAPTER 106, SB 33)κ
the use and control of a vehicle under a lease or otherwise for a period of 10 or more successive days.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 306Assemblymen Barengo and Banner
CHAPTER 107
AN ACT relating to the labor commissioner; requiring admission to practice in Nevada as qualification for legal counsel under contract to the commissioner; and defining the scope of such counsels authority.
[Approved March 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 607.065 is hereby amended to read as follows:
607.065 1. The labor commissioner may provide for contract services by legal counsel for assistance in administering the labor and industrial relations laws of this state. Any such counsel must be an attorney admitted to practice law in Nevada.
2. In the prosecution of all claims and actions referred to him by the labor commissioner, such counsel has the same power as that vested in the district attorneys of the several counties to enforce the labor and industrial relations laws of this state except that such counsel does not have the authority to prosecute for criminal violations of such laws.
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Senate Bill No. 145Senator Foote
CHAPTER 108
AN ACT relating to marriage licenses; authorizing the issuance of marriage licenses at one place in addition to the county seat in certain counties; and providing other matters properly relating thereto.
[Approved March 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 122.040 is hereby amended to read as follows:
122.040 1. [Previous to persons being] Before persons may be joined in marriage, a license shall be obtained for that purpose from the county clerk of any county in the state. Licenses may be obtained:
(a) At the county seat; and
(b) In counties having a population of 100,000 or more, but less than 200,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, at one place within the county in addition to the county seat if the county clerk designates such additional place.
κ1975 Statutes of Nevada, Page 145 (CHAPTER 108, SB 145)κ
2. The county clerk may inquire of the person applying for a marriage license, upon oath or affirmation, relative to the legality of the contemplated marriage, and if the clerk is satisfied that there is no legal impediment thereto, then he shall grant the marriage license.
3. The county clerk, when issuing the license, shall require the person applying therefor to answer under oath each of the questions contained in the form of license, and, if the person applying therefor cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license.
4. If any of the persons intending to marry is under age and has not been previously married, the clerk shall issue the license if the consent of the parent or guardian is:
(a) Personally given before the clerk; [or]
(b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom shall appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge the same; or
(c) In writing, subscribed to and duly acknowledged before an officer authorized by law to administer oaths.
5. All records pertaining to such licenses are public records and open to inspection pursuant to the provisions of NRS 239.010. Any county clerk who refuses to permit such inspection is guilty of a misdemeanor.
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Assembly Bill No. 81Committee on Government Affairs
CHAPTER 109
AN ACT relating to civil defense; providing for the ratification of the Interstate Civil Defense and Disaster Compact; and providing other matters properly relating thereto.
[Approved March 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 36 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The legislature of this state hereby ratifies a compact on behalf of the State of Nevada with any other state legally joining therein in the form substantially as follows:
Interstate Civil Defense and Disaster Compact.
ARTICLE I
The purpose of this compact is to provide mutual aid among the States in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons.
κ1975 Statutes of Nevada, Page 146 (CHAPTER 109, AB 81)κ
(natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the Civil Defense agencies or similar bodies of the States that are parties hereto. The Directors of Civil Defense of all party States shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact.
ARTICLE II
It shall be the duty of each party State to formulate civil defense plans and programs for application within such State. There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs the party States shall so far as possible provide and follow uniform standards, practices and rules and regulations including:
(a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services;
(b) Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces and other tests and exercises;
(c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;
(d) The effective screening or extinguishing of all lights and lighting devices and appliances;
(e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;
(f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party State;
(g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or attacks;
(h) The safety of public meetings or gatherings; and
(i) Mobile support units.
ARTICLE III
Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall extend to the civil defense forces of any other party State, while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights, privileges and immunities as if they were performing their duties in the State in which normally employed or rendering services.
κ1975 Statutes of Nevada, Page 147 (CHAPTER 109, AB 81)κ
compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights, privileges and immunities as if they were performing their duties in the State in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the State receiving assistance.
ARTICLE IV
Whenever any person holds a license, certificate or other permit issued by any State evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall give due recognition to such license, certificate or other permit as if issued in the State in which aid is rendered.
ARTICLE V
No party State or its officers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
ARTICLE VI
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more States may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.
ARTICLE VII
Each party State shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that State and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such State.
ARTICLE VIII
Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that any aiding party State may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further that any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States.
κ1975 Statutes of Nevada, Page 148 (CHAPTER 109, AB 81)κ
requests; provided, that any aiding party State may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further that any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States. The United States Government may relieve the party State receiving aid from any liability and reimburse the party State supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.
ARTICLE IX
Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party States and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party State of which the evacuees are residents, or by the United States Government under plans approved by it. After the termination of the emergency or disaster the party State of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.
ARTICLE X
This compact shall be available to any State, territory or possession of the United States, and the District of Columbia. The term State may also include any neighboring foreign country or province or State thereof.
ARTICLE XI
The committee established pursuant to Article I of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee.
ARTICLE XII
This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying and shall be subject to approval by Congress unless prior Congressional approval has been given.
κ1975 Statutes of Nevada, Page 149 (CHAPTER 109, AB 81)κ
shall be subject to approval by Congress unless prior Congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Civil Defense Agency and other appropriate agencies of the United States Government.
ARTICLE XIII
This compact shall continue in force and remain binding on each party State until the legislature or the Governor of such party State takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the governor of the party State desiring to withdraw to the governors of all other party States.
ARTICLE XIV
This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.
ARTICLE XV
(a) This Article shall be in effect only as among those States which have enacted it into law or in which the governors have adopted it pursuant to constitutional or statutory authority sufficient to give it the force of law as part of this compact. Nothing contained in this Article or in any supplementary agreement made in implementation thereof shall be construed to abridge, impair or supersede any other provision of this compact or any obligation undertaken by a State pursuant thereto, except that if its terms so provide, a supplementary agreement in implementation of this Article may modify, expand or add to any such obligation as among the parties to the supplementary agreement.
(b) In addition to the occurrences, circumstances and subject matters to which preceding articles of this compact make it applicable, this compact and the authorizations, entitlements and procedures thereof shall apply to:
1. Searches for and rescue of persons who are lost, marooned, or otherwise in danger.
2. Action useful in coping with disasters arising from any cause or designed to increase the capability to cope with any such disasters.
3. Incidents, or the imminence thereof, which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger.
4. The giving and receiving of aid by subdivisions of party States.
5. Exercises, drills or other training or practice activities designed to aid personnel to prepare for, cope with or prevent any disaster or other emergency to which this compact applies.
κ1975 Statutes of Nevada, Page 150 (CHAPTER 109, AB 81)κ
(c) Except as expressly limited by this compact or a supplementary agreement in force pursuant thereto, any aid authorized by this compact or such supplementary agreement may be furnished by any agency of a party State, a subdivision of such State, or by a joint agency providing such aid shall be entitled to reimbursement therefor to the same extent and in the same manner as a State. The personnel of such a joint agency, when rendering aid pursuant to this compact shall have the same rights, authority and immunity as personnel of party States.
(d) Nothing in this Article shall be construed to exclude from the coverage of Articles I-XIV of this compact any matter which, in the absence of this Article, could reasonably be construed to be covered thereby.
(e) Nothing in subsection (a) shall be construed to limit previous or future entry into the Interstate Civil Defense and Disaster Compact of this State with other States.
Sec. 3. Nothing contained in this act shall be construed as a limitation of powers granted in any other act to enter into interstate compacts or other agreements relating to civil defense, or as impairing in any respect the force and effect thereof.
Sec. 4. Duly authenticated copies of this act shall, upon its approval, be transmitted by the legislative counsel to the governor of each state, to the President of the Senate of the United States, to the Speaker of the United States House of Representatives, to the Federal Civil Defense Administration, or any successor agency, to the Secretary of State of the United States and to the Council of State Governments.
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Senate Bill No. 138Senator Walker
CHAPTER 110
AN ACT relating to hearing aid specialists; increasing license fees and changing accounting procedures for fees received; amending the powers of the board of hearing aid specialists regarding disciplinary actions; providing for an injunction; and providing other matters properly relating thereto.
[Approved March 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 637A of NRS is hereby amended by adding thereto a new section which shall read as follows:
A violation of this chapter by any person unlawfully representing himself, or practicing as, a hearing aid specialist as defined in this chapter may be enjoined by a district court on petition by the board. In any such proceeding it is not necessary to show that any person is individually injured. If the respondent is found guilty of misrepresenting himself, or practicing as, a hearing aid specialist, the court shall enjoin him from such representation or practice unless and until he has been duly licensed as a hearing aid specialist. Procedure in such cases shall be the same as in any other application for an injunction. The remedy by injunction is in addition to criminal prosecution and punishment.
κ1975 Statutes of Nevada, Page 151 (CHAPTER 110, SB 138)κ
Sec. 2. NRS 637A.080 is hereby amended to read as follows:
637A.080 1. All fees provided for in this chapter shall be paid to the board.
2. [All fees paid to the board shall be received by the secretary and deposited by him with the state treasurer to the credit of the hearing aid licensing fund, which is hereby created.] All moneys coming into possession of the board shall be kept or deposited by the secretary in banks or savings and loan associations in the State of Nevada to be expended for payment of expenses of board members and for other necessary or proper purposes in the administration of this chapter.
Sec. 3. NRS 637A.090 is hereby amended to read as follows:
637A.090 1. Members shall serve without compensation, but are allowed the per diem allowance and traveling expenses fixed by law. [, which shall be paid out of the hearing aid licensing fund.]
2. All necessary expenses incurred by the board in the performance of its duties shall be evidenced on claims signed by the chairman and secretary and shall be paid [out of the hearing aid licensing fund, as other claims against the state are paid] out of moneys received by the board from fees and penalties.
Sec. 4. NRS 637A.210 is hereby amended to read as follows:
637A.210 [The following fees shall be charged under the provisions of this chapter:] The board may charge fees which shall not be greater than the following:
Examination fee...................................................................... [$50] $100
Initial license fee...................................................................... [50] 100
Annual license fee................................................................... [50] 100
Lapsed renewal fee (per year for each year, or fraction thereof, that the annual license fee has not been paid)........................ [50] 100
Reinstatement fee.................................................................... [50] 100
Sec. 5. NRS 637A.290 is hereby amended to read as follows:
637A.290 1. [The board may, in the exercise of reasonable discretion, revoke the license, suspend the license for a fixed time or dismiss the complaint.] The holder of any license issued by the board, whose default has been entered or who has been heard by the board and found guilty of the violation alleged in the complaint may be disciplined by the board by one or more of the following methods:
(a) Placing the licensee on probation for a period not to exceed 6 months;
(b) Suspending the right of the licensee to practice, or right to use a license, for a period not to exceed 1 year;
(c) Revoking the license;
(d) Public or private reprimand; or
(e) Imposition of a penalty not to exceed $1,000.
2. If a license is suspended, it shall be surrendered to the board and returned to the licensee upon termination of the suspension period.
Sec. 6. NRS 637A.300 is hereby amended to read as follows:
637A.300 1. If a license is revoked, it shall be surrendered to the board.
κ1975 Statutes of Nevada, Page 152 (CHAPTER 110, SB 138)κ
2. The board may, in its discretion, reinstate any license after revocation upon payment of the reinstatement fee as prescribed in NRS 637A.210.
Sec. 7. The provisions of NRS 218.825 apply to the board of hearing aid specialists.
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Assembly Bill No. 289Committee on Government Affairs
CHAPTER 111
AN ACT relating to the state department of conservation and natural resources; authorizing the director to delegate certain powers to the administrators or executive heads of the divisions within the department.
[Approved March 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 232.070 is hereby amended to read as follows:
232.070 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The director may, within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
(c) From time to time adopt, amend and rescind such rules and regulations as he may deem necessary for the operation of the department.
(d) Plan such studies and investigations as he may deem appropriate and carry out the same in conjunction with the various divisions.
(e) Coordinate all studies in the State of Nevada concerned with the supply, development, use and conservation of water.
(f) Prepare and deliver to the governor, on or before October 1 in the year preceding a regular session of the legislature, and at such other times as may be required by the governor, a full report of the work of the department, and the divisions thereof, including a detailed statement of the expenditures of the department and any recommendations the director may have.
4. The director [may, with the approval of the governor, enter into cooperative agreements] , with the approval of the governor, may:
(a) Enter into cooperative agreements; or
(b) Authorize the administrator or executive head of a division within the department to enter into cooperative agreements,
with any federal or state agency or subdivision thereof, or any public or private institution located in or outside the State of Nevada, or any person, corporation or association, in connection with studies and investigations pertaining to waters, lands or other matters related to the development or conservation of natural resources.
κ1975 Statutes of Nevada, Page 153 (CHAPTER 111, AB 289)κ
person, corporation or association, in connection with studies and investigations pertaining to waters, lands or other matters related to the development or conservation of natural resources.
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Assembly Bill No. 258Assemblymen Schofield, Demers, Chaney, Dreyer, Bennett, Harmon, Banner, Robinson, Vergiels and Sena
CHAPTER 112
AN ACT relating to property taxation; clarifying use of descriptions of land by reference to certain maps in possession of county officers.
[Approved March 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.215 is hereby amended to read as follows:
361.215 1. Where any county or county officer possesses a complete, accurate map of any land in the county, the county assessor of such county may number or letter the parcels in a manner approved by the board of county commissioners. The county assessor may renumber or reletter the parcels or prepare new map pages for any portion of such map to show combinations or divisions of parcels in a manner approved by the board of county commissioners of such county, so long as an inspection of such map will readily disclose precisely what land is covered by any particular parcel number or letter in the current or in any prior fiscal year. The map or copy shall at all times be publicly displayed in the office of the county assessor.
2. [Land] Except as provided in subsection 3, land may be described [by a reference to this map, except that land] in any notice, certificate, list, record or other document provided for in this chapter, by reference to:
(a) The appropriate parcel letters or numbers; and
(b) The map in the office of the county assessor from which the parcel letters or numbers were obtained.
3. Land shall not be described in any deed or conveyance by a reference to any such map unless such map has been filed for record in the office of the county recorder of the county in which [such] the land is located.
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κ1975 Statutes of Nevada, Page 154κ
Assembly Bill No. 229Assemblymen Polish, Hickey, Vergiels, Brookman, Bennett and Howard
CHAPTER 113
AN ACT relating to hot lunches for persons 60 years of age or older; permitting boards of trustees of school districts to make agreements involving the preparation of such lunches in connection with school lunches; placing certain limitations on such agreements; and providing other matters properly relating thereto.
[Approved March 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state board of education shall:
(a) Cooperate with the aging services division of the department of human resources in the planning of programs whereby the school districts may prepare hot lunches for persons 60 years of age or older and their spouses or any group of such persons by utilizing the systems and procedures already developed for use in the operation of school lunch programs; and
(b) Adopt regulations containing guidelines for boards of trustees of school districts entering into such agreements.
2. The board of trustees of any school district may enter into an agreement with any individual, firm, partnership, corporation, association or public agency which has been approved for such purpose by the aging services division of the department of human resources, whereby the school district agrees to prepare hot lunches for persons 60 years of age or older and their spouses or any group of such persons by utilizing the systems and procedures already developed for use in the school lunch program of such district.
3. An agreement entered into by a board of trustees of a school district pursuant to the provisions of this section shall not:
(a) Involve the expenditure by the school district of any school lunch moneys or other public school moneys or the use of any school lunch commodities or public school personnel, equipment or facilities unless the agreement includes a provision requiring full reimbursement therefor.
(b) Provide for payment to the school district of any amount in excess of the estimated actual cost of food, personnel, equipment, facilities and other necessary expenditures involved in the performance of the agreement. The estimated actual cost shall be negotiated by the board of trustees and the aging services division of the department of human resources.
(c) Permit any program of hot lunches for persons 60 years of age or over and their spouses to interfere in any way with the use of school lunch facilities for public school purposes.
Sec. 2. NRS 387.070 is hereby amended to read as follows:
387.070 As used in NRS 387.070 to 387.105, inclusive [:] , and section 1 of this act:
1. School means any public elementary school and any public high school.
κ1975 Statutes of Nevada, Page 155 (CHAPTER 113, AB 229)κ
2. School lunch program means a program under which lunches are served by any public school in this state on a nonprofit basis to children in attendance, including any such program under which a public school receives assistance out of funds appropriated by the Congress of the United States.
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Senate Bill No. 8Senators Hilbrecht, Gojack, Sheerin, Schofield, Foote and Neal
CHAPTER 114
AN ACT relating to public buildings and facilities; requiring that new buildings and facilities provide toilet facilities accessible to and usable by the physically handicapped; and providing other matters properly relating thereto.
[Approved March 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 338.180 is hereby amended to read as follows:
338.180 1. The legislature of the State of Nevada declares that:
(a) The primary purpose of this section is to provide, subject to the limitations set forth in this section, for the removal and elimination of architectural barriers to the physically handicapped in public buildings and facilities designed after July 1, 1973, in order to encourage and facilitate the employment of the physically handicapped and to make public buildings accessible to and usable by the physically handicapped; and
(b) It is the intent of the legislature that insofar as possible all buildings and facilities used by the public be accessible to, and functional for, the physically handicapped, without loss of function, space or facility where the general public is concerned.
2. All plans and specifications for the construction of public buildings and facilities by the state or by a political subdivision, district, authority, board or public corporation or entity of the state shall provide facilities and features for the physically handicapped so that buildings which are normally used by the public are constructed with entrance ramps, toilet facilities, drinking fountains, doors, and public telephones accessible to and usable by the physically handicapped. Such buildings and facilities shall conform with the American Standard specifications for making buildings and facilities accessible to [,] and usable by [,] the physically handicapped which is effective when the plans and specifications are approved, as published by the American Standards Association.
3. Every public building or facility of the state or of a political subdivision, district, authority, board or public corporation or entity of the state which is normally used by the public and which is constructed or opened for occupancy after July 1, 1977, shall be provided with at least one toilet facility for males and one toilet facility for females which is accessible to and usable by the physically handicapped and which conforms to the specifications of the American Standards Association.
________
κ1975 Statutes of Nevada, Page 156κ
Assembly Bill No. 128Committee on Transportation
CHAPTER 115
AN ACT relating to motor vehicles; requiring staggered registration for certain vehicles; and providing other matters properly relating thereto.
[Approved March 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.206 is hereby amended to read as follows:
482.206 1. Except as provided in subsection 4, every passenger car, travel trailer and motorcycle, and every trailer or semitrailer having an unladened weight of 3,500 pounds or less, except a converter dolly, shall, and every motortruck having an unladened weight of 5,000 or less pounds may be registered for a period of 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.
2. Every mobile home [and travel trailer] shall be registered for a period of 1 year commencing August 1 and ending July 31 of the following year.
3. Every other vehicle shall be registered on a calendar year basis.
4. Upon the application of the owner of a fleet of vehicles of a type referred to in subsection 1, the director may permit such an owner to register such fleet on a calendar year basis.
5. When the registration of any of the vehicles referred to in subsection 1 is transferred pursuant to NRS 482.3667 or 482.399, the expiration date of a regular license plate or plates, special license plate or plates or substitute decal shall, at the time of transfer of registration, be updated for a period of 12 consecutive months beginning the first day of the month after the transfer, and a credit on the portion of the registration fee and privilege tax attributable to the remainder of the current registration period shall be allowed according to the applicable provisions of NRS 482.3667 and 482.399.
Sec. 2. NRS 482.260 is hereby amended to read as follows:
482.260 1. The department and its agents in registering a vehicle shall:
(a) Collect the license plate fees and registration fees as provided for in this chapter.
(b) Collect the privilege tax on the vehicle, as agent for the county where the applicant intends to base the vehicle for the registration period, unless the vehicle is deemed to have no base.
(c) Issue a certificate of registration, together with the regular license plate or plates.
2. Upon proof of ownership satisfactory to the director, he shall cause to be issued a certificate of ownership as provided in this chapter.
3. Every vehicle referred to in subsection 1 of NRS 482.206 being registered for the first time in Nevada shall be taxed for privilege tax purposes for a 12-month period. Every vehicle referred to in subsection 3 of NRS 482.206 being registered for the first time in Nevada shall be taxed for privilege tax purposes pro rata on a monthly basis upon the amount of time remaining in the current [registration] calendar year.
________
κ1975 Statutes of Nevada, Page 157κ
Senate Bill No. 273Committee on Government Affairs
CHAPTER 116
AN ACT relating to property and equipment records and inventory controls of local governments; requiring local governments to establish and maintain certain records and controls and to notify the Nevada tax commission of the person designated as responsible for such maintenance; repealing a provision requiring counties to make and file a complete inventory; and providing other matters properly relating thereto.
[Approved March 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.625 is hereby amended to read as follows:
354.625 The governing body of every local government shall: [cause to be established adequate property and equipment records and, where appropriate, adequate inventory controls. These records and controls shall be established by not later than June 30, 1968, unless the Nevada tax commission grants an extension of time, which shall not extend beyond June 30, 1969.]
1. Cause to be established and maintained adequate property and equipment records and, where appropriate, adequate inventory controls. Any local government created after July 1, 1975, shall establish such records and controls within 1 year after its creation unless the Nevada tax commission grants an extension of time.
2. Require that all such property, equipment and inventory records clearly indicate specific ownership.
3. Designate, by entry in the minutes of the governing body, the officer, employee or officers or employees responsible for the maintenance of property and equipment records and, where appropriate, inventory records, and notify the Nevada tax commission of such designation.
Sec. 2. NRS 244.295 is hereby repealed.
________
Senate Bill No. 277Committee on Government Affairs
CHAPTER 117
AN ACT relating to short-term financing of local governments; designating the secretary of the Nevada tax commission to approve or disapprove resolutions of local governments authorizing short-term financing; providing for appeals from such decisions to the commission; providing that the secretary of the Nevada tax commission, instead of the commission itself, may approve dispensing with collection of any special tax to reimburse local government funds from which loans have been made under certain circumstances; and providing other matters properly relating thereto.
[Approved March 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.430 is hereby amended to read as follows:
354.430 1. Upon the adoption of a short-term financing resolution, as provided in NRS 354.618, by a local government as defined in NRS 354.474, a certified copy thereof shall be forwarded to the secretary of the Nevada tax commission.
κ1975 Statutes of Nevada, Page 158 (CHAPTER 117, SB 277)κ
as provided in NRS 354.618, by a local government as defined in NRS 354.474, a certified copy thereof shall be forwarded to the secretary of the Nevada tax commission. As soon as is practicable, the secretary of the Nevada tax commission shall [submit the resolution, together with a factual report] , after consideration of the tax structure of the political subdivisions concerned and the probable ability of the political subdivision to repay the requested short-term financing, [to the Nevada tax commission for its approval.] either approve or disapprove the resolution in writing to the governing board. No such resolution [shall be] is effective until approved by the secretary of the Nevada tax commission. [The resolution] The written approval of the secretary of the Nevada tax commission shall be recorded in the minutes of the governing board.
2. If the secretary of the Nevada tax commission does not approve the short-term financing resolution, the governing board of the political subdivision may appeal the secretarys decision to the Nevada tax commission.
Sec. 2. NRS 354.450 is hereby amended to read as follows:
354.450 1. After short-term financing has been authorized as provided in NRS 354.430 and if, in the judgment of the governing board of the political subdivision, the fiscal affairs of the political subdivision can be carried on without impairment and there is sufficient money in the general fund or a surplus in any other fund, with the exception of the bond interest and redemption fund, of the political subdivision, the governing board is authorized to transfer from the general fund or from the surplus appearing in any fund, with the exception of the bond interest and redemption fund, money sufficient to meet the purpose of the short-term financing.
2. When such a transfer is made, the governing board of the political subdivision shall comply with the provisions of NRS 354.460, and when the special tax is thereafter collected the amount so collected shall be placed immediately in the fund from which the loan was made.
3. In cases where the fund from which the loan was made, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the secretary of the Nevada tax commission is or will not be needed for the purposes of the fund in the ordinary course of events, then the special tax need not be levied, collected and placed in the fund from which the loan was made, but such transfer shall be deemed refunded for all purposes of NRS 354.430 to 354.460, inclusive.
4. Interest accounts come within the jurisdiction of the Nevada tax commission and may be approved or disapproved, in whole or in part, by it.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 159κ
Senate Bill No. 278Committee on Government Affairs
CHAPTER 118
AN ACT to amend NRS 354.615, relating to budget augmentation by local governments, by permitting augmentation by a majority vote of the governing body; shortening the time required after publication of notice of proposed augmentation before a vote may be taken.
[Approved March 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.615 is hereby amended to read as follows:
354.615 If resources actually available during a budget period exceed those estimated, a local government may institute a budget augmentation proceeding in the manner provided below:
1. If it is desired to augment the appropriations of an appropriation fund, the governing board shall, by [unanimous vote,] majority vote of all members of the governing board, adopt a resolution reciting the appropriations to be augmented, and the nature of the unbudgeted resources intended to implement the augmentation.
2. Before the adoption of such resolution, the governing board shall publish notice of its intention to act thereon in a newspaper of general circulation in the county for at least one publication. No vote may be taken upon such budget augmentation resolution until [20] 10 days after the publication of the notice.
3. If it is desired to augment the budget of any other fund, the governing board shall adopt, [unanimously,] by majority vote of all members of the governing board, a resolution providing therefor at a regular meeting of the board.
4. A budget augmentation shall become effective upon delivery to the Nevada tax commission of a certified copy of the resolution providing therefor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 280Committee on Government Affairs
CHAPTER 119
AN ACT to amend NRS 354.150, relating to transfers of county dormant funds, by eliminating the requirement that a board of county commissioners obtain prior approval from the state board of finance for such transfers.
[Approved March 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.150 is hereby amended to read as follows:
354.150 1. Subject to the provisions of [subsections 2 and 3,] subsection 2, a board of county commissioners is authorized to order the transfer of any balance which is dormant in any fund to the county general fund whenever the money remaining in such fund is no longer required for the purpose for which the fund was established.
κ1975 Statutes of Nevada, Page 160 (CHAPTER 119, SB 280)κ
transfer of any balance which is dormant in any fund to the county general fund whenever the money remaining in such fund is no longer required for the purpose for which the fund was established.
2. [Before the adoption of any order, the board of county commissioners shall forward a certified copy thereof to the state board of finance for its approval, and no such order shall become effective until approved by the state board of finance.
3.] When the dormant fund accrued from taxes levied upon the taxpayers of a fire protection district, road district, cemetery district, unincorporated city or town, or other type of special assessment or taxing district, such fund shall be transferred only to the general fund thereof and not to the county general fund.
________
Senate Bill No. 281Committee on Government Affairs
CHAPTER 120
AN ACT relating to local government budgets; adjusting the time limits on publication of the notice of public hearing on tentative budgets; requiring that copies of final and default budgets, with proof of publication of notice of public hearing, be submitted to the Nevada tax commission; and providing other matters properly relating thereto.
[Approved March 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.596 is hereby amended to read as follows:
354.596 1. On or before February 20 of each year, the officer charged by law shall prepare, or the governing body shall cause to be prepared, on appropriate forms prescribed by the Nevada tax commission for the use of local governments, a tentative budget for the ensuing fiscal year. The tentative budget shall be filed for public record and inspection in the office of:
(a) The clerk or secretary of the governing body; and
(b) The county clerk.
2. At the time of filing the tentative budget, the governing body shall give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of such hearing to be published once in a newspaper of general circulation within the area of the local government [at least] not more than 14 nor less than 7 days prior to the date set for such hearing. The notice of public hearing shall state:
(a) The time and place of the public hearing.
(b) That a tentative budget has been prepared in such detail and on appropriate forms as prescribed by the Nevada tax commission.
(c) The places where copies of the tentative budget are on file and available for public inspection.
3. Budget hearings shall be held:
(a) For county budgets, on the 4th Monday in March;
(b) For cities, on the 4th Tuesday in March;
κ1975 Statutes of Nevada, Page 161 (CHAPTER 120, SB 281)κ
(c) For school districts, on the 4th Wednesday in March; and
(d) For all other local governments, on the 4th Thursday in March, except that the board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.
4. On or before February 20, a copy of the tentative budget and notice of public hearing shall be submitted:
(a) To the Nevada tax commission; and also
(b) In the case of school districts, to the state department of education.
5. The Nevada tax commission shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days prior to the public hearing a written certificate of compliance or a written notice of lack of compliance. The written notice shall indicate the manner in which the submitted documents fail to comply with law or appropriate regulations. The notice or certificate shall be read at the public hearing.
6. Whenever the governing body receives from the Nevada tax commission a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.
Sec. 2. NRS 354.598 is hereby amended to read as follows:
354.598 1. At the time and place advertised for public hearing, or at any time and place to which such public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons shall be given an opportunity to be heard.
2. At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. The final budget shall be adopted on or before April 10 of each year. Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the Nevada tax commission on or before the required date, the budget adopted and approved by the Nevada tax commission for the current year, adjusted as to content and rate in such manner as the Nevada tax commission may consider necessary, shall automatically become the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider such budget without the express approval of the Nevada tax commission. If such a default budget creates a combined ad valorem tax rate in excess of the constitutional limit, the Nevada tax commission shall adjust such budget as provided in NRS 361.455.
3. The final budget shall be certified by a majority of all members of the governing body [.] and a copy thereof, together with an affidavit of proof of publication of the notice of the public hearing, shall be transmitted to the Nevada tax commission. If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget [.] and transmit to the Nevada tax commission a copy of the budget, together with an affidavit of proof of the notice of the public hearing, if such notice was published. Certified copies of the final budget shall be distributed as determined by the Nevada tax commission.
κ1975 Statutes of Nevada, Page 162 (CHAPTER 120, SB 281)κ
4. Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.606, the several amounts stated therein as proposed expenditures shall be and become appropriated for the purposes indicated in the budget.
5. No governing body shall adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.
________
Senate Bill No. 163Committee on Finance
CHAPTER 121
AN ACT making appropriations from the general fund in the state treasury to the public service commission of Nevada for expenses in administering the state petroleum allocation set-aside program; and providing other matters properly relating thereto.
[Approved March 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the public service commission of Nevada:
1. The sum of $13,177 for costs incurred from December 4, 1973, through June 30, 1974, while administering the state petroleum allocation set-aside program.
2. The sum of $11,376 for costs incurred from July 1, 1974, through December 15, 1974, while administering the state petroleum allocation set-aside program.
3. The sum of $24,998 for anticipated costs from December 16, 1974, through June 30, 1975, for administering the state petroleum allocation set-aside program.
Sec. 2. After June 30, 1975, unexpended balances of the appropriations made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 175Committee on Finance
CHAPTER 122
AN ACT making additional and supplemental appropriations from the general fund in the state treasury for the support of the Nevada girls training center.
[Approved March 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year ending June 30, 1975, there is hereby appropriated from the general fund in the state treasury the sum of $2,635 to the Nevada girls training center, parole account, for the purpose of office rent and communications expense as an additional and supplemental appropriation to that allowed and made by section 33 of chapter 769, Statutes of Nevada 1973.
κ1975 Statutes of Nevada, Page 163 (CHAPTER 122, SB 175)κ
to the Nevada girls training center, parole account, for the purpose of office rent and communications expense as an additional and supplemental appropriation to that allowed and made by section 33 of chapter 769, Statutes of Nevada 1973.
Sec. 2. After June 30, 1975, the unexpended balance of the appropriation made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 181Senator Monroe
CHAPTER 123
AN ACT making an additional and supplemental appropriation from the general fund in the state treasury to the Nevada youth training center division of the youth services agency of the department of human resources for the purpose of meeting increased costs due to inflation and an increase in youths participating in the program; and providing other matters properly relating thereto.
[Approved March 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year ending June 30, 1975, there is hereby appropriated from the general fund in the state treasury to the Nevada youth training center division in the youth services agency of the department of human resources the sum of $159,324 for the purpose of meeting increased operating costs due to inflation and an increase of youths participating in the program, as an additional and supplemental appropriation to that allowed and made by section 33 of chapter 769, Statutes of Nevada 1973.
Sec. 2. After June 30, 1975, the unexpended balance of the appropriation made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 182Committee on Finance
CHAPTER 124
AN ACT making an appropriation from the general fund in the state treasury to the department of general services; and providing other matters properly relating thereto.
[Approved March 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $15,000 to the department of general services for the purpose of connecting the sewage system of the Lost City museum at Overton, Nevada, to the Clark County sanitation district system.
κ1975 Statutes of Nevada, Page 164 (CHAPTER 124, SB 182)κ
services for the purpose of connecting the sewage system of the Lost City museum at Overton, Nevada, to the Clark County sanitation district system.
Sec. 2. After June 30, 1977, unexpended balances of the appropriation made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 211Committee on Education
CHAPTER 125
AN ACT relating to school property; increasing the rental value that school district real property must have before a formal appraisal is required for leasing the property; and providing other matters properly relating thereto.
[Approved March 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 393.3251 is hereby amended to read as follows:
393.3251 1. When the board of trustees determines that the rental value of any real property belonging to the school district is [$1,000] $5,000 or less a year, the board of trustees may lease or rent such property for a year or less without obtaining a formal appraisal.
2. After determining the amount and the terms of the lease, the board of trustees shall in open meeting by a majority vote of the members adopt a resolution declaring its intention to lease the property. The resolution shall:
(a) Describe the real property proposed to be leased, and such description must be sufficiently clear to identify readily the property involved.
(b) Specify the rental price and the use for which the property is to be leased or rented. All leases and rentals shall be for cash.
(c) Fix a time, not less than 1 week after publication of notice, for a public meeting of the board of trustees to be held at its regular place of meeting, at which time lease or rental proposals will be heard and considered.
________
Senate Bill No. 220Committee on Government Affairs
CHAPTER 126
AN ACT relating to planning and zoning; permitting use of fact of public benefit from vacating street in determining consideration to be paid for the street; and providing other matters properly relating thereto.
[Approved March 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.480 is hereby amended to read as follows:
278.480 1. Any person, firm or corporation desiring the vacation or abandonment of any street or portion thereof shall file a petition in writing, signed by not less than three owners of lands within the area affected by the proposed vacation and abandonment, with the governing body having jurisdiction.
κ1975 Statutes of Nevada, Page 165 (CHAPTER 126, SB 220)κ
abandonment of any street or portion thereof shall file a petition in writing, signed by not less than three owners of lands within the area affected by the proposed vacation and abandonment, with the governing body having jurisdiction.
2. If there be a planning commission, the governing body shall refer the petition to the planning commission, which shall report thereon to the governing body as set forth in NRS 278.240.
3. Whenever any streets are proposed to be vacated, the governing body shall cause the streets to be posted with a notice setting forth the extent of the proposed abandonment and setting a date for public hearing, which date shall be not less than 30 days and not more than 40 days subsequent to the date of posting of the street.
4. If, upon public hearing, the governing body is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street to be vacated. The governing body may make such order conditional, and the order shall become effective only upon the fulfillment of the conditions prescribed.
5. The order shall be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon such recordation title to the street shall revert upon the payment required in subsection 6, to the abutting property owners in the proportion that the property was dedicated by such abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion thereof, the governing body may sell such vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city. If the governing body so sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action shall be taken by the governing body to force such owner to purchase such portion and no such portion shall be sold to any person other than such owner if such sale would result in a complete loss of access to a street from such abutting property.
6. The abutting property owners shall pay for title to the proportionate part of the street such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply such benefit as an offset against any determination of reasonable consideration which did not take into account the public benefit.
7. Any easement for light and air adjacent to any vacated street is vacated upon the vacation of the street.
8. In any vacation or abandonment of any street or portion thereof, the governing body may reserve and except therefrom any easements, rights or interests therein which the governing body may deem desirable for the use of the city or of any public utility.
________
κ1975 Statutes of Nevada, Page 166κ
Senate Bill No. 223Senator Monroe
CHAPTER 127
AN ACT relating to gaming licensing and control; increasing maximum number of games allowed under a holiday or special event permit; changing the fees to be charged and collected under the holiday or special event permit; and providing other matters properly relating thereto.
[Approved March 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463.408 is hereby amended to read as follows:
463.408 1. As used in this section, holidays or special events refers to periods during which the influx of tourist activity in this state or any area thereof may require additional industry accommodation as determined by the commission.
2. Any licensee holding a valid license under this chapter may apply to the commission, on application forms prescribed by the commission, for a holiday or special event permit for the purpose of increasing the licensees game operations during holidays or special events.
3. Such application shall be filed with the commission at least 3 days prior to the date when games are to be added.
4. If the commission approves the application, it shall issue to the licensee a permit to operate additional games, not to exceed [25] 50 percent of the number of games operated by the licensee at the time the application is filed. The permit shall state the period for which it is issued and the number of additional games allowed. For purposes of computation, any fractional game shall be counted as one full game. The licensee shall present any such permit on the demand of any inspecting agent of the board or commission.
5. Before issuing any permit, the commission shall charge and collect from the licensee a fee of $14 per game per day for each day the permit is effective. Such fees shall be in lieu of the fees required under NRS [463.383.] 463.380, 463.383 and 463.390.
6. A permit may not be issued to any licensee for more than 40 cumulative days during any calendar year, nor for a period longer than 10 days during any calendar quarter year. Such 10-day period during a calendar quarter year may be consecutive or divided into two lesser periods. For purposes of computation, 1 day is equal to a 24-hour period.
7. The additional games allowed under a permit shall not be counted in computing the casino entertainment tax under NRS 463.401.
8. If any such additional games are not removed at the time the permit expires, the licensee shall immediately be subject to the fees provided for in [NRS 463.383 and all other applicable provisions of] this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 167κ
Senate Bill No. 235Senator Foote
CHAPTER 128
AN ACT relating to the travel revolving fund; allowing the state treasurer to designate additional representatives to sign checks and warrants drawn upon the fund; and providing other matters properly relating thereto.
[Approved March 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.171 is hereby amended to read as follows:
281.171 1. There is hereby created the travel revolving fund which shall be used by the state treasurer [or his deputy] for the purpose of providing advance funds to state officers and employees for travel expenses and subsistence allowances.
2. The state treasurer shall deposit the moneys in the travel 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. [Notwithstanding any other law, the] The state treasurer or [his deputy shall] any of his officers or employees whom he has designated for the purpose may sign all checks and warrants drawn upon the travel revolving fund.
Sec. 2. NRS 281.172 is hereby amended to read as follows:
281.172 1. Any state officer or employee may apply for advance funds for authorized travel expenses and subsistence allowances arising out of his official duties or employment, in the amounts as provided for in NRS 281.160, by filing a request with the administrative head of the state office, department or agency by which he is employed.
2. If [such] the administrative head or his designee approves the request he shall forward a copy of [such] the request and approval to the state treasurer.
3. Upon receiving a copy of [such] the request and approval from [such] the administrative head [,] or his designee, the state treasurer or [his deputy] one of his officers or employees whom he has designated for the purpose may issue a check or warrant drawn upon the travel revolving fund for the amount of the advance requested.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 168κ
Senate Bill No. 298Committee on Finance
CHAPTER 129
AN ACT relating to retarded persons; increasing the minimum funding for community training centers for such persons.
[Approved March 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 435.290 is hereby amended to read as follows:
435.290 1. A center holding a certificate of qualification from the division is eligible to receive aid from the community training center fund in amounts not [to exceed] less than the amounts allocable under subsections 2 and 3.
2. Each center in the state is eligible to receive that percentage of available funds as the ratio of the number of enrollees of each center bears to the total number of enrollees in all centers in the state, but not [to exceed $250] less than $300 per enrollee per quarter, except that each community center shall be given a minimum of [$12,000] $14,000 per year as long as the center maintains a minimum of five enrollees per quarter and their staff expenses are in the amount of [$12,000] $14,000 or more each year.
3. The division, in its discretion, may grant aid from the community training center fund to help in establishing new centers. This aid in the aggregate shall not exceed one-half of the fund during the fiscal year ending June 30, 1970, and shall not exceed one-fourth of the fund thereafter.
________
Assembly Bill No. 104Committee on Judiciary
CHAPTER 130
AN ACT to amend NRS 104.903, relating to required refilings of secured transactions, to correct internal reference.
[Approved March 28, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 104.903 is hereby amended to read as follows:
104.903 1. If a security interest is perfected or has priority on July 1, 1975, as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under this chapter after July 1, 1975, the perfection and priority rights of the security interest continue until 3 years after July 1, 1975. The perfection then lapses unless a financing statement is filed as provided in subsection [4] 3 or unless the security interest is perfected otherwise than by filing.
2. If a security interest is perfected as of July 1, 1975, under a law other than this chapter which requires no further filing, refiling or recording to continue its perfection, perfection continues until and lapses 3 years after July 1, 1975, unless a financing statement is filed as provided in subsection [4] 3 or unless the security interest is perfected otherwise than by filing, or unless under subsection 3 of NRS 104.9302 the other law continues to govern filing.
κ1975 Statutes of Nevada, Page 169 (CHAPTER 130, AB 104)κ
years after July 1, 1975, unless a financing statement is filed as provided in subsection [4] 3 or unless the security interest is perfected otherwise than by filing, or unless under subsection 3 of NRS 104.9302 the other law continues to govern filing.
3. A financing statment may be filed within 6 months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. It must identify the security agreement, statement or notice, state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement or notice, however denominated, in another filing office under this chapter is still effective. NRS 104.9401 and 104.9103 determine the proper place to file such a financing statement. Except as specified in this subsection, the provisions of subsection 3 of NRS 104.9403 for continuation statements apply to such a financing statement.
Sec. 2. This act shall become effective on July 1, 1975, at 12:01 a.m.
________
Senate Bill No. 241Committee on Government Affairs
CHAPTER 131
AN ACT relating to mining claims; repealing provision requiring the filing of a duplicate copy of a mining location notice.
[Approved March 28, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 517.330 is hereby repealed.
________
Senate Bill No. 268Committee on Government Affairs
CHAPTER 132
AN ACT to repeal chapter 355, Statutes of Nevada 1971, at page 637, entitled An Act to amend an act entitled An Act authorizing and directing the state planning board to sell or exchange certain parcels of real property in Ormsby County, Nevada, belonging to the State of Nevada; defining the powers and duties of the state planning board, the chairman thereof, and the attorney general in connection therewith; and providing other matters properly relating thereto, approved March 17, 1960, as amended, approved April 17, 1971.
[Approved March 28, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 355, Statutes of Nevada 1971, at page 637, entitled An Act to amend an act entitled An Act authorizing and directing the state planning board to sell or exchange certain parcels of real property in Ormsby County, Nevada, belonging to the State of Nevada; defining the powers and duties of the state planning board, the chairman thereof, and the attorney general in connection therewith; and providing other matters properly relating thereto, approved March 17, 1960, as amended, approved April 17, 1971, is hereby repealed.
κ1975 Statutes of Nevada, Page 170 (CHAPTER 132, SB 268)κ
property in Ormsby County, Nevada, belonging to the State of Nevada; defining the powers and duties of the state planning board, the chairman thereof, and the attorney general in connection therewith; and providing other matters properly relating thereto, approved March 17, 1960, as amended, approved April 17, 1971, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 162Committee on Ways and Means
CHAPTER 133
AN ACT relating to the Nevada junior livestock show board; expanding the boards responsibilities to include additional events; providing for an increase in the membership of the board; and providing other matters properly relating thereto.
[Approved March 28, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 563.020 is hereby amended to read as follows:
563.020 [Within 30 days after March 27, 1945, the governor shall appoint five citizens of the State of Nevada who shall be the Nevada junior livestock show board.] The Nevada junior livestock show board shall be composed of seven members to be appointed by the governor.
Sec. 2. NRS 563.030 is hereby amended to read as follows:
563.030 All members shall be residents of the State of Nevada.
1. One member of the board shall be a member of the teaching staff of the college of agriculture of the University of Nevada System; [.]
2. One member of the board shall be a member of the staff of the agricultural extension department of the public service division of the University of Nevada System; [.]
3. One member of the board shall be a member of the staff of the state board for vocational education [. Two] ; and
4. Four members of the board shall be persons [interested in] concerned with the raising and improving of livestock in the State of Nevada, not necessarily stock raisers [.] , selected as follows:
(a) Two persons from the cattle and sheep industry;
(b) One person from the horse industry; and
(c) One person from the dairy industry.
Sec. 3. NRS 563.080 is hereby amended to read as follows:
563.080 1. The board shall have possession and care of all [of the] property of the Nevada junior livestock show, the Nevada youth livestock and dairy show and the Nevada state horse program and shall be entrusted with the direction of [its] the entire business and financial affairs [.] of these exhibitions.
2. The board shall have the power:
(a) To appoint employees and define their duties.
(b) To adopt bylaws, rules and regulations for the government of the [junior livestock show, the] Nevada junior livestock show board, the junior livestock show, the Nevada youth livestock and dairy show, the Nevada state horse program, and for all exhibitions of livestock.
κ1975 Statutes of Nevada, Page 171 (CHAPTER 133, AB 162)κ
[junior livestock show, the] Nevada junior livestock show board, the junior livestock show, the Nevada youth livestock and dairy show, the Nevada state horse program, and for all exhibitions of livestock.
(c) To acquire or lease real and personal property, buildings and improvements.
Sec. 4. NRS 563.100 is hereby amended to read as follows:
563.100 1. The Nevada junior livestock show board shall each year [hold a] conduct the junior livestock show [at a place] , the Nevada youth livestock and dairy show and the Nevada state horse program at places to be determined by the [Nevada junior livestock show] board.
2. [Entries to the show shall be limited to animals grown and owned by persons under the age of 21 years, who have been certified by the state 4H club leader or the state supervisor of vocational agricultural education; but students regularly registered in animal husbandry courses at the college of agriculture of the University of Nevada System, over 21 years of age, may make entries, subject to the discretion of the board.] To enter any exhibition named in subsection 1, a person must be:
(a) Certified by the state 4H club leader or the state supervisor of vocational agricultural education; and
(b) Under 19 years of age except that the board, upon considering the requirements of a specific event involved may allow entry by a person 19 years of age or older who is registered as a regular student in an animal science course under the University of Nevada System.
3. Entries of animals in any exhibition named in subsection 1 are limited to those owned or controlled according to exhibition requirements.
Sec. 5. NRS 563.110 is hereby amended to read as follows:
563.110 It [shall be] is proper and lawful for the Nevada junior livestock show board to cooperate with the farm organizations and livestock associations of the state and the various counties and cities in [the holding of a junior livestock show at such time as shall be designated by the Nevada junior livestock show board.] the exhibitions for which the board is responsible.
Sec. 6. NRS 563.120 is hereby amended to read as follows:
563.120 The board [shall have power to] may appoint all necessary marshals and police to keep order and preserve peace at the livestock shows [,] and exhibitions that the board conducts, and the officers so appointed shall be vested with the same authority for the preservation of order and peace on the grounds and in the buildings and the approaches thereto that peace officers of the State of Nevada are vested with by law.
Sec. 7. NRS 563.130 is hereby amended to read as follows:
563.130 The board shall:
1. Use all suitable means to collect and disseminate information calculated to educate and benefit producers, growers and breeders of livestock within the State of Nevada.
2. On or before February 1 of each year, [succeeding each livestock show,] report to the governor a full and detailed account of its transactions and a full financial statement of all funds received and disbursed.
________
κ1975 Statutes of Nevada, Page 172κ
Assembly Bill No. 243Assemblymen Polish, Hickey, Murphy, Howard, Glover, Robinson, Banner, Brookman, Bremner, Jeffrey and Wittenberg
CHAPTER 134
AN ACT making an appropriation from the general fund in the state treasury to the public health facilities construction assistance fund for construction costs of the Lincoln County Hospital; and providing other matters properly relating thereto.
[Approved March 28, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the state public health facilities construction assistance fund, created pursuant to NRS 449.400, the sum of $20,583.
Sec. 2. Notwithstanding any other provision of law, the health division of the department of human resources shall not expend the funds appropriated in section 1 for any purpose except for construction costs associated with the Lincoln County Hospital.
Sec. 3. After June 30, 1977, any unexpended balance of the appropriation made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 252Committee on Ways and Means
CHAPTER 135
AN ACT making additional and supplemental appropriations from the general fund in the state treasury for the support of the Nevada mental health institute; and providing other matters properly relating thereto.
[Approved March 28, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year ending June 30, 1975, there is hereby appropriated from the general fund in the state treasury to the Nevada mental health institute:
1. The sum of $35,000 for the purpose of administering its programs and, due to lack of patient collections, as an additional and supplemental appropriation to that allowed and made by section 33 of chapter 769, Statutes of Nevada 1973.
2. The sum of $68,939 for the purpose of meeting its operating expenses as an additional and supplemental appropriation to that allowed and made by section 33 of chapter 769, Statutes of Nevada 1973.
3. The sum of $23,375 for the purpose of replacing furniture and equipment deemed dangerous by the state fire marshal, as an additional and supplemental appropriation to that allowed and made by section 33 of chapter 769, Statutes of Nevada 1973.
κ1975 Statutes of Nevada, Page 173 (CHAPTER 135, AB 252)κ
Sec. 2. After June 30, 1975, unexpended balances of the appropriations made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 272Committee on Government Affairs
CHAPTER 136
AN ACT relating to professional engineers and surveyors; further defining persons exempt from the provisions concerning professional engineers; restating applicability of provisions on professional engineers and surveyors to employees of public utility companies; and providing other matters properly relating thereto.
[Approved March 28, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.480 is hereby amended to read as follows:
625.480 The following persons [shall be] are exempt from the provisions of this chapter [:] concerning the practice of professional engineering:
1. A person not a resident of and having no established place of business in this state, or who has recently become a resident of this state, practicing or offering to practice the profession of engineering in this state for more than 30 days in any calendar year, if:
(a) He shall have filed an application with the board for a certificate of registration and paid the fee required by this chapter, or filed an application with and received from the board a permit for a definite period of time for each job on which he works, and paid the fee required by this chapter; and
(b) He is legally qualified to practice the profession in his own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this chapter.
The exemption shall continue only for such time as the board requires for the consideration of the application for registration.
2. [An employee or a subordinate of a person holding a certificate of registration under this chapter, or an employee of a person exempted from registration by subsections 1 or 2 of this section, if his practice does not include responsible charge of design or supervision.] Any subordinate of a registered professional engineer of this state insofar as he acts as a subordinate.
3. Officers and employees of the United States Government [while engaged within this state in the practice of the profession of engineering for the Government.] who have qualified under federal regulations and have been authorized to do engineering for the Federal Government, but no such governmental officer or employee may engage in private engineering practice in Nevada unless he is duly registered under the law.
Sec. 2. NRS 625.500 is hereby amended to read as follows:
625.500 [This chapter does] The registration requirements of this chapter do not apply to the employees of interstate or intrastate public utility companies while they are engaged in work for such companies or to any architect licensed under the provisions of chapter 623 of NRS and who practices architecture as permitted by chapter 623 of NRS.
κ1975 Statutes of Nevada, Page 174 (CHAPTER 136, SB 272)κ
chapter do not apply to the employees of interstate or intrastate public utility companies while they are engaged in work for such companies or to any architect licensed under the provisions of chapter 623 of NRS and who practices architecture as permitted by chapter 623 of NRS.
________
Assembly Bill No. 247Assemblymen Mello, Wittenberg, Bremner, Price, Dini, Howard, Harmon, Glover, May, Young, Sena, Craddock, Hayes, Jacobsen, Dreyer, Ford, Schofield, Wagner, Weise, Getto, Barengo, Murphy, Brookman, Lowman, Heaney, Moody, Bennett, Chaney, Christensen, Robinson, Coulter, Benkovich, Hickey, Polish, Jeffrey and Vergiels
CHAPTER 137
AN ACT making an appropriation to the Nevada State Library for the purchase of books and purchase and operation of bookmobiles; and providing other matters properly relating thereto.
[Approved March 28, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the Nevada State Library the sum of $301,100 to be used for the following purposes:
1. The sum of $251,000 for the purchase and operation of 3 bookmobiles and the purchase of books in order to provide library services to various communities and rural areas.
2. The sum of $50,000 for the purchase of juvenile books.
Sec. 2. After June 30, 1977, the unexpended balance of the appropriation made in section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 463Committee on Elections
CHAPTER 138
AN ACT relating to the office of justice of the peace; providing an alternate method for filling a vacancy in the office of justice of the peace; and providing other matters properly relating thereto.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 4.150 is hereby amended to read as follows:
4.150 1. When any vacancy [shall exist or occur] occurs in the office of justice of the peace, the board of county commissioners shall either: [appoint]
(a) Appoint some suitable person to fill the vacancy until the next ensuring biennial election [.] ; or
κ1975 Statutes of Nevada, Page 175 (CHAPTER 138, AB 463)κ
(b) Provide by resolution for an election procedure to fill the vacancy for the remainder of the unexpired term.
2. The clerk of the board of county commissioners of each county shall, within 10 days after a vacancy has occurred in the office of justice of the peace by resignation or otherwise, certify the fact of such vacancy to the secretary of state.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 111Assemblymen Bennett, Lowman and Chaney
CHAPTER 139
AN ACT relating to the welfare division of the department of human resources; abolishing the state welfare fund and the welfare research fund; and providing other matters properly relating thereto.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 422.240 is hereby amended to read as follows:
422.240 1. Funds to carry out the provisions of this chapter shall be provided by appropriation by the legislature from the general fund. [The money so appropriated shall be deposited in a fund to be known as the state welfare fund in the state treasury.]
2. Disbursements for the purposes of this chapter shall be made upon claims duly filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed.
Sec. 2. NRS 422.275 is hereby amended to read as follows:
422.275 1. The attorney general and his duly appointed assistants and deputies shall be legal advisers for the welfare division.
2. In order to compensate the office of the attorney general for services rendered, the welfare division shall, on or before the 1st day of each month, authorize the state controller to draw his warrant in favor of the state treasurer in an amount budgeted for that purpose, such sum of money to be taken from the [state welfare] welfare administration account in the general fund. The state treasurer shall place such sum of money in the salary fund of the office of the attorney general to be used to pay partially for the services of the office of the attorney general. The deputy attorney general assigned as the legal adviser for the welfare division shall receive an annual salary in the amount specified in NRS 284.182.
3. The mileage and living expenses away from the office of the attorney general at the regular statutory state rate, together with telephone and telegraph charges incurred by the office of the attorney general on behalf of the welfare division, shall be charged directly against the [state welfare] welfare administration account in the general fund.
Sec. 3. NRS 425.170 is hereby amended to read as follows:
425.170 1. Funds to pay for the states participation in assistance to dependent children under this chapter shall be provided by direct legislative appropriation from the general fund.
κ1975 Statutes of Nevada, Page 176 (CHAPTER 139, AB 111)κ
dependent children under this chapter shall be provided by direct legislative appropriation from the general fund. The appropriation shall be sufficient to pay the nonfederal share of assistance payments.
2. All moneys appropriated by the legislature in accordance with the provisions of subsection 1 shall be placed in the state treasury in a fund to be designated the state aid to dependent children fund, out of which the states portion of the assistance to dependent children provided for in this chapter shall be paid upon warrants drawn by the state controller and paid by the state treasurer.
3. Administrative expenses shall be paid out of funds appropriated by the legislature from the general fund and out of such other moneys as may from time to time be made available to the welfare division for the payment of administrative expenses. [The money appropriated by the legislature shall be deposited in the state welfare fund of the state treasury, and disbursements] Disbursements shall be made upon claims filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed. All claims shall be approved by the state welfare administrator before they are paid.
Sec. 4. NRS 427.130 is hereby amended to read as follows:
427.130 1. The funds to pay for the states participation in old-age assistance under this chapter shall be provided by direct legislative appropriation from the general fund, sufficient to produce enough money to pay the nonfederal share of the assistance payment.
2. Such fund in the state treasury shall be known and designated as the state old-age assistance fund, out of which the states portion of the old-age assistance provided for in this chapter shall be paid upon warrants drawn by the state controller and paid by the state treasurer as provided in this chapter.
3. Administrative expenses shall be paid out of funds provided by appropriation by the legislature from the general fund, [the money so appropriated to be deposited in the fund known as the state welfare fund of the state treasury,] and disbursements shall be made upon claims duly filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed. All claims shall be approved by the state welfare administrator before they are paid.
Sec. 5. NRS 422.255 is hereby repealed.
________
Assembly Bill No. 233Assemblymen Mello, Howard, Dini, Getto, Murphy, Weise, Wittenberg, Christensen, Moody, Coulter, Benkovich, Barengo, Young and Heaney
CHAPTER 140
AN ACT relating to motor vehicle equipment; restricting the use of studded tires; and providing other matters properly relating thereto.
[Approved April 3, 1975]
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:
κ1975 Statutes of Nevada, Page 177 (CHAPTER 140, AB 233)κ
1. Except as provided in subsection 2, a person shall not operate any motor vehicle equipped with tires which have on the periphery any block, flange, cleat, ridge, bead or any other protuberance of metal or wood which projects beyond the thread of the traction surface of the tire.
2. This section does not prohibit:
(a) Tire chains.
(b) Pneumatic tires which have embedded therein wire not exceeding 0.075 inch in diameter and which are so constructed that under no conditions will the percentage of metal in contact with the roadway exceed 5 percent of the total tire area in contact with the roadway, except that during the first 1,000 miles of use, the metal in contact with the roadway may exceed 5 percent of the tire area in contact with the roadway but shall in no event exceed 20 percent of such area.
(c) Pneumatic tires containing metal-type studs of tungsten carbide or other suitable material which are so inserted or constructed that under no conditions will the percentage of metal in contact with the roadway exceed 3 percent of the total tire area in contact with the roadway, but such tires may only be used between September 1 and April 30.
(d) The operation of vehicles upon unimproved roadways when necessary in the construction or repair of highways.
(e) The operation of traction engines or tractors under conditions of a permit first obtained from the department of highways with respect to highways under its jurisdiction or the governing body of a city or county with respect to roads under its jurisdiction.
________
Assembly Bill No. 282Committee on Transportation
CHAPTER 141
AN ACT relating to drivers licenses; providing a 45-day period within which new Nevada residents must obtain a Nevada drivers license as a prerequisite to driving any motor vehicle in Nevada.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.245 is hereby amended to read as follows:
483.245 1. When a person becomes a resident of Nevada as defined in chapters 482 and 483 of NRS he must, within 45 days, 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 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.
________
κ1975 Statutes of Nevada, Page 178κ
Assembly Bill No. 200Committee on Ways and Means
CHAPTER 142
AN ACT relating to the public employees retirement system; repealing provision requiring legislative auditor to make periodic examination of certain records of the system.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 286.465 is hereby repealed.
________
Assembly Bill No. 110Assemblymen Bennett, Lowman and Chaney
CHAPTER 143
AN ACT relating to fund structure in program of state aid to the medically indigent; deleting the requirement of having a Title XIX fund in the state treasury.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 428.360 is hereby amended to read as follows:
428.360 Moneys appropriated [for the purposes of NRS 428.150 to 428.370, inclusive, or] by the legislature, moneys received from the United States pursuant to Title XIX of the Social Security Act and moneys received from the counties pursuant to NRS 428.370 shall be [deposited in the Title XIX fund, which is hereby created in the state treasury, and all] used for expenses of administration and provision of medical or remedial care under [such sections shall be paid from such fund.] NRS 428.150 to 428.370, inclusive.
Sec. 2. NRS 428.370 is hereby amended to read as follows:
428.370 1. During each fiscal year, commencing July 1, 1969, each county shall pay to the state a sum of money equal to the amount produced by the countys annual levy of 11 cents ad valorem tax on each $100 of assessed valuation of taxable property in the county.
2. The remittance required by subsection 1 shall be made at least quarterly to the state treasurer. [, who shall deposit the same in the Title XIX fund.]
________
κ1975 Statutes of Nevada, Page 179κ
Assembly Bill No. 195Committee on Judiciary
CHAPTER 144
AN ACT relating to parole and probation; enlarging the circumstances of authorized disclosure of information obtained by certain employees of the department of parole and probation; and providing other matters properly relating thereto.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.1098 is hereby amended to read as follows:
213.1098 All information obtained in the discharge of official duty by a parole and probation officer or employee of the board shall be privileged and shall not be disclosed directly or indirectly to anyone other than the board, the judge, district attorney or others entitled to receive such information, unless otherwise ordered by the board or judge [.] or unless necessary to perform the duties of the department.
Sec. 2. NRS 176.255 is hereby repealed.
________
Assembly Bill No. 31Assemblyman Jacobsen
CHAPTER 145
AN ACT relating to legislators printing allowances; amending provisions of NRS on legislators stationery, cards and other materials; authorizing additional purchases by legislators; and providing other matters properly relating thereto.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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 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.] At each regular session of the legislature, each senator and assemblyman is entitled to receive at the expense of the legislative fund from the state printing and records division of the department of general services the following:
(a) Not to exceed 1,000 letterheads (8 1/2 inches x 11 inches) and 500 half size, or 500 letterheads (8 1/2 inches x 11 inches) and 1,000 half size, or 1,500 of either variety;
(b) Not to exceed 1,000 No. 10 envelopes and 500 No. 6 3/4 envelopes, or 500 No. 10 envelopes and 1,000 No. 6 3/4 envelopes, or 1,500 of either variety; and
κ1975 Statutes of Nevada, Page 180 (CHAPTER 145, AB 31)κ
(c) Not to exceed 1,000 business cards and 1,000 memorandum sheets (500 each of the small and large type or 1,000 of either type).
Selections must be made from samples submitted by the superintendent of the state printing and records division of the department of general services and all printing must be done in the state printing and records division of the department of general services.
[3.] 2. All orders for the printing specified in subsection [2] 1 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.
3. A legislator may purchase from the state printing and records division of the department of general services official stationery, cards and other material appropriate to his official duties in excess of that specified in subsection 1 at his own expense.
Sec. 2. This act shall become effective on passage and approval and shall operate retroactively from January 20, 1975.
________
Assembly Bill No. 43Assemblymen Glover and Jacobsen
CHAPTER 146
AN ACT making a supplemental appropriation from the state general fund for payment of additional taxes due to Carson City under subsection 4 of NRS 361.055.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year ending June 30, 1975, there is hereby appropriated from the state general fund the sum of $35,395 to the state board of examiners for full payment by the state board of examiners of taxes due Carson City under subsection 4 of NRS 361.055 for the fiscal year 197475, as a supplemental appropriation to that allowed and made by sections 58, 59 and 60 of chapter 769, Statutes of Nevada 1973.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 207Committee on Ways and Means
CHAPTER 147
AN ACT making appropriations from the general fund and the state highway fund in the state treasury to the stale claims fund account.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated to the stale claims fund account created pursuant to NRS 353.097:
κ1975 Statutes of Nevada, Page 181 (CHAPTER 147, AB 207)κ
1. From the general fund in the state treasury the sum of $43,349;
2. From the state highway fund in the state treasury the sum of $605;
3. From the general fund in the state treasury the sum of $50,000,
in order to increase the balance of the stale claims fund account.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 208Committee on Ways and Means
CHAPTER 148
AN ACT making an appropriation from the general fund to the emergency fund account.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $39,999 to the emergency fund account created pursuant to NRS 353.263.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 221Assemblyman Dreyer
CHAPTER 149
AN ACT making an appropriation from the general fund in the state treasury to the purchasing division of the department of general services for purchase of warehouse and warehouse site; providing for the repayment of the acquisition cost; and providing other matters properly relating thereto.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $165,000 to the purchasing division of the department of general services for the following purposes:
1. The sum of $140,000 for the purchase of a warehouse in Las Vegas, Nevada.
2. The sum of $25,000 to purchase land for the warehouse site.
Sec. 2. After June 30, 1977, any unexpended balance of the appropriation made by subsection 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. NRS 333.121 is hereby amended to read as follows:
333.121 1. Commencing July 1, 1971, and continuing until the construction costs of $193,310 for the purchasing warehouse building in Reno, Nevada, have been paid, the purchasing 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.
κ1975 Statutes of Nevada, Page 182 (CHAPTER 149, AB 221)κ
to the state treasurer for deposit in the general fund in the state treasury 2 percent of the buildings original acquisition cost.
2. Commencing July 1, 1975, and continuing until the cost of acquisition in the amount of $165,000 for the purchasing warehouse building and site in Las Vegas, Nevada, has been repaid, the purchasing division shall pay annually to the state treasurer for deposit in the state treasury to the credit of the general fund 2 percent of the acquisition cost of the building and site.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 251Committee on Ways and Means
CHAPTER 150
AN ACT making an appropriation to the central data processing division of the department of general services to implement a payroll and personnel data system; and providing other matters properly relating thereto.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the central data processing division of the department of general services the sum of $120,000 to implement a payroll and personnel data system.
Sec. 2. After June 30, 1977, the unexpended balance of the appropriation made in section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 280Assemblymen Robinson and Banner
CHAPTER 151
AN ACT relating to certified shorthand reporters; abolishing the shorthand reporters fund; permitting the executive secretary of the certified shorthand reporters board of Nevada to deposit funds in Nevada banks or savings and loan institutions; and providing other matters properly relating thereto.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 656.230 is hereby amended to read as follows:
656.230 [1. All fees and other revenues received by the board shall be deposited in the state treasury in the shorthand reporters fund, which is hereby created.
κ1975 Statutes of Nevada, Page 183 (CHAPTER 151, AB 280)κ
2. Claims against such fund shall be made by the board and paid as other claims against the state are paid.] All moneys coming into the possession of the board shall be kept or deposited by the executive secretary of the board in banks or savings and loan institutions in the State of Nevada to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this chapter.
________
Assembly Bill No. 322Committee on Government Affairs
CHAPTER 152
AN ACT relating to the state controller; authorizing the state controller, upon written request, to make deductions from a state officers or employees pay for payment to such persons employee organization or credit union.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 227.130 is hereby amended to read as follows:
227.130 1. The state controller [is authorized and directed to] shall withhold from each claimants pay the amounts specified in the revenue act of the United States as is now in force and such amounts as may hereafter be further specified by additional enactments of Congress, and transmit such amounts deducted to the Internal Revenue Service of the United States Department of the Treasury.
2. The state controller [is authorized to] may provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deduction for officers and employees of the state government who make written requests for such deductions and purchases. For the purpose of allowing any and all state officers and employees the opportunity of requesting salary or wage deductions for the purchase of United States Savings Bonds or similar United States obligations, the state controller shall provide forms authorizing the deductions and purchases and shall make them readily available to all state officers and employees.
3. The state controller may withhold from a claimants pay such amount as the claimant specifies in writing for payment to his employee organization or credit union, and the controller shall transmit any moneys withheld pursuant to this subsection to the employee organization or credit union. The state controller shall adopt regulations establishing standards and procedures necessary to implement the provisions of this subsection.
________
κ1975 Statutes of Nevada, Page 184κ
Senate Bill No. 87Committee on Commerce and Labor
CHAPTER 153
AN ACT relating to gasoline and lubricating oil specifications; authorizing the state sealer of weights and measures to adopt emergency specifications for gasoline; clarifying provisions on motor oils subject to Society of Automotive Engineers specifications; exempting certain oils from labeling requirements; and providing other matters properly relating thereto.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 590.040 is hereby amended to read as follows:
590.040 1. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale or assist in the sale of or permit to be sold or offered for sale any gasoline, distillate or oil represented as lubricating oil for internal combustion engines, unless there shall be firmly attached to or painted at or as near as practicable to the point of outlet of the container from which or into which the gasoline, distillate, or oil represented as lubricating oil or motor oil for internal combustion engines is drawn or poured out for sale or delivery a sign or label consisting of the word or words, in letters not less than one-half inch in height, comprising the brand or trade name of the petroleum product followed by the word or words, in letters not less than one-half inch in height, Gasoline, Distillate, Lubricating Oil or Motor Oil, as the case may be. All containers and dispensers of lubricating and motor oil shall also be labeled in the same manner with the S.A.E. grade classification number. If a lubricating or motor oil has more than one S.A.E. grade classification number, each S.A.E. grade classification number shall be included in the label. When such sign or label is attached to the faucet or valve of a tank truck or tank wagon, the letters shall be not less than one-half of an inch in height. The provisions of this subsection do not apply to any oil labeled prediluted or intended only for mixture with gasoline or other motor fuel in a two-cycle engine.
2. The inlet end of the fill pipe to each underground storage tank of gasoline or distillate shall be labeled with the brand name and the grade of the gasoline or distillate contained therein.
3. Petroleum product delivery outlets on tank delivery trucks shall be labeled to comply with the requirements of this section prior to departure from the bulk plants.
4. If any gasoline shall have no brand or trade name, the sign or label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Gasoline, No Brand.
5. If any distillate shall have no brand or trade name, the sign or label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Distillate, No Brand.
6. If any lubricating oil or motor oil shall have no brand or trade name, the sign or label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Lubricating Oil, No Brand, or Motor Oil, No Brand.
7. On any container with a net content of 1 United States gallon or less, the letters S.A.E., the brand, trade-mark or trade name, the name and address of the distributor or manufacturer, the grade classification number, and the words Motor Oil or Lubricating Oil may be painted, printed, embossed or otherwise firmly affixed on such container in letters and numerals of legible size, and such designation shall constitute compliance with the provisions of this section.
κ1975 Statutes of Nevada, Page 185 (CHAPTER 153, SB 87)κ
less, the letters S.A.E., the brand, trade-mark or trade name, the name and address of the distributor or manufacturer, the grade classification number, and the words Motor Oil or Lubricating Oil may be painted, printed, embossed or otherwise firmly affixed on such container in letters and numerals of legible size, and such designation shall constitute compliance with the provisions of this section.
8. Small hand measures used for delivery of petroleum products, and filled in the presence of the customer, need not be labeled in accordance with the provisions of NRS 590.010 to 590.150, inclusive, if the receptacle, container or pump from which petroleum products are drawn or poured into such hand measures is properly labeled as required by the provisions of NRS 590.010 to 590.150, inclusive.
Sec. 2. NRS 590.070 is hereby amended to read as follows:
590.070 1. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline, unless the same shall conform to the following specifications:
(a) It shall be free from water and suspended matter.
(b) A clean copper strip shall not show more than extremely slight discoloration when submerged in the gasoline for 3 hours, at 122Ί F., the test being conducted in accordance with the testing procedures approved by the state sealer of weights and measures.
(c) It shall distill, within the following limits, when tested in accordance with the testing procedures approved by the state sealer of weights and measures, using the low distillation thermometer:
(1) When the thermometer reads 167Ί F., not less than 10 percent shall be evaporated.
(2) When the thermometer reads 284Ί F., not less than 50 percent shall be evaporated.
(3) When the thermometer reads 392Ί F., not less than 90 percent shall be evaporated.
(4) The end point shall not be higher than 437Ί F.
(5) At least 95 percent shall be recovered as distillate in the receiver from the distillation.
(6) The distillation residue shall not exceed 2 percent.
(d) The sulfur content shall not exceed 0.25 percent.
2. This section does not apply to aviation fuel.
3. The state sealer of weights and measures may adopt regulations establishing emergency specifications for automotive gasoline as recommended by the American Society for Testing and Materials.
Sec. 3. NRS 590.080 is hereby amended to read as follows:
590.080 Crankcase drainings, lube distillate, or any other petroleum product shall not be sold, offered for sale, delivered, offered for delivery or stored as a motor oil or lubricating oil for use in the crankcase of an internal combustion engine unless such product conforms to the following specifications:
1. It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the testing procedures approved by the state sealer of weights and measures.
κ1975 Statutes of Nevada, Page 186 (CHAPTER 153, SB 87)κ
2. The flash points for the various S.A.E. (Society of Automotive Engineers) classifications shall not be less than the following when tested by the Cleveland Open [Cut] Cup Method in accordance with the testing procedures approved by the state sealer of weights and measures. The S.A.E. classification number of motor or lubricating oils shall conform to the latest Society of Automotive Engineers viscosity classification.
Viscosity Sayboldt Seconds
Minimum Flash Degrees Universal 210 Degrees
S.A.E. Number Fahrenheit Fahrenheit
5W 305
10W 335
20 and 20W 345
30 355
40 375
50 400
60 435 110 to less than 125
70 470 125 to less than 150
3. The provisions of this section [shall] do not apply to [prediluted snowmobile or other cold weather vehicle oils.] any oil labeled prediluted or intended only for mixture with gasoline or other motor fuel in a two-cycle engine.
________
Senate Bill No. 109Committee on Environment and Public Resources
CHAPTER 154
AN ACT relating to pesticides; revising the definition of restricted use pesticide to include pesticides classified as restricted use under federal law; requiring the registration of persons engaged in the retail sale or distribution of restricted use pesticides; providing penalties; and providing other matters properly relating thereto.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 586 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Certified applicator means any individual who is certified by the executive director as authorized to apply or to supervise the application of any pesticide which is classified for restricted use.
Sec. 3. 1. It is unlawful for any person to sell or offer to sell at the retail level or distribute or deliver for transportation for delivery to the consumer or user a pesticide classified for restricted use pursuant to NRS 586.401 of the Federal Environmental Pesticide Control Act (7 U.S.C. § 136 et seq.) without first being registered with the executive director.
2. Each person applying for registration shall provide a statement including:
(a) The name and address of the person registering; and
(b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted use pesticide.
κ1975 Statutes of Nevada, Page 187 (CHAPTER 154, SB 109)κ
registering, sells, offers to sell, distributes or delivers for transportation a restricted use pesticide.
3. All registrations expire on December 31 and are renewable annually.
4. Each person registering shall pay:
(a) An annual registration fee of $10; and
(b) A penalty fee of $5 if his previous registration has expired by the failure to reregister on or before February 1, unless his registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted use pesticides during the period of the year during which the registration was not in effect.
5. All persons registered shall maintain and keep for a period of 2 years a record of all sales of restricted use pesticides showing:
(a) The date of sale or delivery;
(b) The name and address of the person to whom sold or delivered;
(c) The brand name of the pesticide product;
(d) The amount of pesticide product sold or delivered; and
(e) Such other information as may be required by the executive director.
Sec. 4. The executive director may refuse to grant or renew a registration under section 3 of this act or may suspend or revoke such registration if, after due notice and hearing, he is satisfied that:
1. The person registered has, without reasonable cause, failed to record information as required by section 3 of this act or by regulation promulgated by the executive director;
2. The person registered has made a fictitious or false entry in the required records; or
3. The applicant has made sales or delivery of restricted use pesticides without first registering with the executive director.
Sec. 5. NRS 586.010 is hereby amended to read as follows:
586.010 NRS 586.010 to 586.450, inclusive, and sections 2 to 4 of this act may be cited as the Nevada Pesticides Act.
Sec. 6. NRS 586.020 is hereby amended to read as follows:
586.020 For the purposes of NRS 586.010 to 586.450, inclusive, and sections 2 to 4 of this act, the words and terms defined in NRS 586.030 to 586.220, inclusive, and section 2 of this act shall have the meanings ascribed to them therein unless the context otherwise requires.
Sec. 7. NRS 586.205 is hereby amended to read as follows:
586.205 Restricted use pesticide means any pesticide, including any highly toxic pesticide, which: [the]
1. The executive director has found and determined, subsequent to a hearing, to be:
[1.] (a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than pests or vegetation it is intended to prevent, destroy, control or mitigate; or
[2.] (b) Detrimental to vegetation (except weeds), wildlife or to the public health and safety [.] ; or
2. Has been classified for restricted use by or under the supervision of a certified applicator in accordance with the Federal Environmental Pesticide Control Act (7 U.S.C. § 136 et seq.).
κ1975 Statutes of Nevada, Page 188 (CHAPTER 154, SB 109)κ
Sec. 8. NRS 586.401 is hereby amended to read as follows:
586.401 1. The executive director shall adopt regulations governing the application and distribution of any pesticides which he finds must necessarily be applied in pest control but which unless carefully used are likely to be:
(a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than the pest or vegetation it is intended to prevent, destroy, control or mitigate; or
(b) Detrimental to vegetation (except weeds), wildlife or to the public health and safety.
2. The executive director in classifying pesticides as restricted-use pesticides shall determine if:
(a) They are highly toxic to man or other animals, including wildlife.
(b) The regulations governing their application and distribution are reasonably calculated to avoid injury and are necessary for their proper use.
(c) The benefit received from their use is of greater public value than a detriment to the environment, public health and safety.
(d) They can be used by permit for purposes other than their registered purposes.
3. The executive director may adopt such other rules and regulations as are necessary to carry out the provisions of this chapter, including, but not limited to:
(a) The collection and examination of pesticides.
(b) The use of certain types of containers or packages for specific pesticides, applicable to construction, strength or size to avoid the danger of spillage, breakage and misuse.
(c) The safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers.
(d) The information to be recorded and maintained of the sale, use and distribution of pesticides classified for restricted use.
Sec. 9. This act shall become effective upon passage and approval.
________
Senate Bill No. 115Committee on Environment and Public Resources
CHAPTER 155
AN ACT relating to control of noxious weeds; repealing provisions authorizing the state department of agriculture to study the poisonous plant halogeton glomeratus.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 555.230 is hereby repealed.
________
κ1975 Statutes of Nevada, Page 189κ
Senate Bill No. 238Committee on Government Affairs
CHAPTER 156
AN ACT relating to federal tax liens; eliminating the need of indicating the time of receipt on county recorders alphabetical index; and providing other matters properly relating thereto.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 108.831 is hereby amended to read as follows:
108.831 1. If a notice of federal tax lien, a refiling of a notice of tax lien, or a notice of revocation of any certificate described in subsection 2 is presented to the filing officer and:
(a) He is the secretary of state, he shall cause the notice to be marked, held and indexed in accordance with the provisions of subsection 4 of NRS 104.9403 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
(b) He is any other officer described in NRS 108.827, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date [and time] of receipt, the serial number of the District Director of Internal Revenue and the total unpaid balance of the assessment appearing on the notice of lien.
2. If a certificate of release, nonattachment, discharge or subordination of any tax lien is presented to the secretary of state for filing he shall:
(a) Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates shall not be removed from the files; and
(b) Cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.
3. If a refiled notice of federal tax lien referred to in subsection 1 or any of the certificates or notices referred to in subsection 2 is presented for filing with any other filing officer specified in NRS 108.827, he shall permanently attach the refiled notice or the certificate to the original notice of lien and shall enter the refiled notice or the certificate with the date of filing in any alphabetical federal tax lien index on the lien where the original notice of lien is entered.
4. Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any notice of federal tax lien or certificate or notice affecting the lien, filed on or after March 24, 1967, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is $3. Upon request the filing officer shall furnish a copy of any notice of federal tax lien or notice or certificate affecting a federal tax lien for a fee of $1 for the first page and 50 cents for each page thereafter.
________
κ1975 Statutes of Nevada, Page 190κ
Senate Bill No. 286Senators Close, Bryan, Dodge, Hilbrecht, Sheerin, Wilson and Foote
CHAPTER 157
AN ACT relating to married women as sole traders; repealing all sections of chapter 124 of NRS.
[Approved April 3, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 124.010, 124.020, 124.030, 124.040 and 124.050 are hereby repealed.
________
Assembly Bill No. 66Committee on Ways and Means
CHAPTER 158
AN ACT relating to merit awards to state employees; providing for alternative choice of secretary of merit award board; increasing maximum expenditures allowable for individual cash awards and yearly merit award plans.
[Approved April 4, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 285.030 is hereby amended to read as follows:
285.030 1. The controlling authority of the merit award program shall be known as the merit award board.
2. The board shall be composed of five members as follows:
(a) Two members of the Nevada State Employees Association designated by the executive committee of that association.
(b) One member from the budget division of the department of administration appointed by the chief of the budget division.
(c) One member from the personnel division of the department of administration appointed by the chief of the personnel division.
(d) One member appointed by and representing the governor.
3. The member from either the budget division or the personnel division of the department of administration shall serve as the secretary of the board.
4. The board shall make rules and regulations for transacting its business and carrying out the provisions of this chapter.
Sec. 2. NRS 285.070 is hereby amended to read as follows:
285.070 1. Insofar as it may be equitable and practicable, the amount of the cash award allowed for an employees suggestion shall be predicated upon the savings to the state. No cash award may exceed [$200.] $500.
2. Cash payments to employees arising out of adopted suggestions shall be paid from moneys appropriated by the legislature for such purpose.
κ1975 Statutes of Nevada, Page 191 (CHAPTER 158, AB 66)κ
3. No more than [$2,000] $5,000 each fiscal year may be expended on merit award plans.
________
Assembly Bill No. 264Assemblymen Murphy, Brookman, Price, Mann, Bremner, Harmon, Vergiels, Coulter and Benkovich
CHAPTER 159
AN ACT making an appropriation to the bureau of services to the blind in the rehabilitation division of the department of human resources for the purpose of constructing and equipping vending stands to be operated by blind persons; and providing other matters properly relating thereto.
[Approved April 4, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the bureau of services to the blind in the rehabilitation division of the department of human resources the sum of $100,000 for the purpose of constructing and equipping vending stands to be operated by blind persons, pursuant to NRS 426.630 to 426.720, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 250Assemblymen Dini, Ford, Ashworth and Jacobsen
CHAPTER 160
AN ACT relating to the state legislature; requiring a fiscal note to be provided by the research and fiscal analysis division of the legislative counsel bureau on bills having a financial impact on local governments; requiring the legislative counsel to send a copy of the original fiscal note to committee chairmen to which a bill has been referred; and providing other matters properly relating thereto.
[Approved April 4, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Before any bill which has a financial impact on a local government is considered at a public hearing of any committee of the assembly or the senate or before a vote is taken thereon by such committee, the legislative counsel shall request that the research and fiscal analysis division of the legislative counsel bureau shall provide a fiscal note in the manner and form provided for in NRS 218.272, 218.273, 218.2751, 218.2754, 218.2756, 218.2757 and 218.2758.
2. The research and fiscal analysis division of the legislative counsel bureau shall prepare the fiscal note after consultation with the appropriate local governments or their representatives and return it to the legislative counsel within 5 working days.
κ1975 Statutes of Nevada, Page 192 (CHAPTER 160, AB 250)κ
bureau shall prepare the fiscal note after consultation with the appropriate local governments or their representatives and return it to the legislative counsel within 5 working days. The legislative counsel may extend such period for not more than 10 additional days if the matter requires extended research.
Sec. 2. NRS 218.272 is hereby amended to read as follows:
218.272 1. Before any bill which makes an appropriation or changes any existing appropriation, fiscal liability or revenue which appears to be in excess of $2,000 is considered at a public hearing of any committee of the assembly or the senate, or before any vote is taken thereon by such committee, the legislative counsel shall obtain a fiscal note containing a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill, including, to the extent possible, a projection of such changes in future biennia.
2. Except as otherwise provided in NRS 218.272 to 218.2758, inclusive, and section 1 of this act, or in the joint rules of the senate and assembly, such estimates shall be made by the agency receiving the appropriation or collecting the revenue.
3. The fiscal note is not required on any bill relating exclusively to the executive budget.
Sec. 3. NRS 218.2754 is hereby amended to read as follows:
218.2754 The summary of each bill introduced in the legislature shall: [include either the statement Fiscal Note: Yes or Fiscal Note: No., or Fiscal Note: Effect less than $2,000, whichever is appropriate.]
1. If local government is involved, include the statement Fiscal Note: Local Government Impact, Fiscal Note: Appropriation Contained Herein or Fiscal Note: No; or
2. Otherwise, include the statement Fiscal Note: Yes, Fiscal Note: No, Fiscal Note: Executive Budget, Fiscal Note: Appropriation Contained Herein or Fiscal Note: Effect less than $2,000,
whichever is appropriate.
The legislative counsel shall determine whether a bill being drafted requires a fiscal note.
Sec. 4. 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 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.
κ1975 Statutes of Nevada, Page 193 (CHAPTER 160, AB 250)κ
4. The legislative counsel shall send a copy of the fiscal note to the chairman of the standing committee or committees to which the bill has been referred.
________
Senate Bill No. 260Committee on Health, Welfare and State Institutions
CHAPTER 161
AN ACT relating to the practice of chiropractic; prescribing an additional penalty for chiropractors guilty of unprofessional conduct.
[Approved April 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 634.150 is hereby amended to read as follows:
634.150 The board shall have additional power:
1. To refuse a license to any applicant guilty of unprofessional conduct.
2. To revoke any license, either permanently or temporarily, and suspend the person found guilty of unprofessional conduct from the practice of chiropractic, either permanently or for a time determined by the board.
3. To impose a fine, not to exceed $500, on any licensee found guilty of unprofessional conduct.
Sec. 2. NRS 634.190 is hereby amended to read as follows:
634.190 1. After hearing the charges, if it appears to the satisfaction of the board that the person is guilty as charged, the board shall revoke the license of such person, either permanently or temporarily, and by its order suspend the person from the practice of chiropractic within this state, either permanently or temporarily, in the discretion of the board.
2. The board may likewise after finding the person guilty as charged place him on probation [.] , impose a fine pursuant to NRS 634.150, or both.
3. The secretary of the board in all cases of revocation, suspension or probation shall:
(a) Enter in his records the fact of such revocation, suspension [or] , probation [.] or fine.
(b) Within 5 days notify the county recorder of the county in which the persons license has been filed.
________
κ1975 Statutes of Nevada, Page 194κ
Senate Bill No. 248Committee on Health, Welfare and State Institutions
CHAPTER 162
AN ACT relating to pharmacists and pharmacy; increasing the statutory fees charged by the state board of pharmacy; and providing other matters properly relating thereto.
[Approved April 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 639.170 is hereby amended to read as follows:
639.170 1. The board shall charge and collect not more than the following fees for the following services:
For investigation or examination of applicant for certificate as registered pharmacist......................................................................... [$50]... $100
For investigation or examination of applicant for certificate as registered pharmacist by reciprocity................................................ [100]...... 150
For the investigation or issuance of an original license to conduct a retail pharmacy.................................................................... [50]...... 150
For annual renewal of a license to conduct a retail pharmacy [25] 150
For issuance of certificate of registration as registered pharmacist [10]................................................................................................. 50
For annual renewal of certificate of registration as registered pharmacist............................................................................................... [10]........ 50
For reinstatement of lapsed certificate of registration (in addition to annual renewal fees for period of lapse)......................... [20]........ 50
For issuance of duplicate certificate of registration............... [10]........ 25
For issuance of manufacturers or wholesalers permit......... [25]...... 100
For issuance of annual renewal of permit for manufacturer or wholesaler............................................................................................... [25]...... 100
For issuance or renewal of permit to vend, sell, offer to sell or furnish any hypodermic device....................................................... [5]........ 25
For issuance or renewal of permit to supply or operate vending machines or devices for distribution of any prophylactic [25] 100
For reissuance of license issued to retail pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon............. [5]........ 25
2. If a person requests a special service from the board or requests the board to convene a special meeting, he shall pay the actual costs to the board as a condition precedent to the rendition of the special service or the convening of the special meeting.
3. All fees shall be payable in advance and shall not be refunded.
[3.] 4. The board may, by regulation, set the penalty for failure to pay the annual renewal fee for any license, permit or certificate within the statutory period, at an amount not to exceed 100 percent of the renewal fee for each year of delinquency in addition to the annual renewal fees for each year of delinquency.
κ1975 Statutes of Nevada, Page 195 (CHAPTER 162, SB 248)κ
fee for each year of delinquency in addition to the annual renewal fees for each year of delinquency.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 198Committee on Judiciary
CHAPTER 163
AN ACT relating to parolees; requiring a preliminary inquiry following the arrest of a parolee for alleged parole violations to determine if probable cause for revocation of parole exists; and providing other matters properly relating thereto.
[Approved April 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.150 is hereby amended to read as follows:
213.150 [1.] The board may: [make and enforce rules and regulations covering the conduct of paroled prisoners, and retake or cause to be retaken and imprisoned any prisoner so upon parole.
2. The boards written order, certified to by the secretary of the board, is sufficient warrant for all officers named therein to authorize such officers to return to actual custody any conditionally released or paroled prisoner.
3. All sheriffs, constables, chiefs of police and all prison or other peace officers shall execute any such order in like manner as ordinary criminal process.
4. When a paroled prisoner has been retaken, the chief parole and probation officer may after consideration of the case and pending the next meeting of the board release such prisoner again upon parole or suspend his parole and return him to confinement. The chief parole and probation officer shall take whichever action he deems appropriate within:
(a) Fifteen days if such prisoner was paroled by the board.
(b) Thirty days if such prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.
5. The board shall consider at its next meeting the case of each paroled prisoner retaken pursuant to this section.
6. Any person who is retaken and imprisoned pursuant to this section for a violation of any rule or regulation governing his conduct shall:
(a) Forfeit all credits for good behavior earned prior to his parole; and
(b) Serve such part of the unexpired term of his original sentence as may be determined by the board. The board may restore any credits forfeited under this subsection.
κ1975 Statutes of Nevada, Page 196 (CHAPTER 163, SB 198)κ
7. If a person, subsequent to his release on parole, is convicted in another jurisdiction of a crime and sentenced to imprisonment for a term of more than 1 year, he may be given a dishonorable discharge from parole.]
1. Make and enforce regulations covering the conduct of paroled prisoners.
2. Retake or cause to be retaken and imprisoned any prisoner so upon parole, subject to the procedures prescribed in sections 3 to 8, inclusive, of this act.
Sec. 2. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 8, inclusive, of this act.
Sec. 3. 1. The boards written order, certified to by the chief parole and probation officer, is sufficient warrant for any parole and probation officer or other peace officer to arrest any conditionally released or paroled prisoner.
2. Every sheriff, constable, chief of police, prison officer or other peace officer shall execute any such order in like manner as ordinary criminal process.
3. Any parole and probation officer or any peace officer with power to arrest may arrest a parolee without a warrant if there is probable cause to believe that he has committed acts that would constitute a violation of his parole.
4. After arresting a paroled prisoner for violation of a condition of his parole and placing him in detention, the arresting officer shall:
(a) Present to the detaining authorities a statement of the charges against the parolee.
(b) Notify the board of the arrest and detention of the parolee and submit a written report showing in what manner the parolee violated a condition of his parole.
Sec. 4. 1. Before a parolee may be returned to the custody of the Nevada state prison for violation of a condition of his parole, an inquiry shall be conducted to determine whether there is probable cause to believe that he has committed acts that would constitute such a violation.
2. The inquiry shall be conducted before an inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of parole violation; and
(c) Has not recommended revocation of the parole,
but he need not be a judicial officer.
3. Except in a case where the parolee is a fugitive, the inquiry shall be held at or reasonably near the place of the alleged violation or the arrest and as promptly as convenient after the arrest.
Sec. 5. 1. The board or detaining authority shall give the arrested parolee advance notice of:
(a) The place and time of the inquiry.
(b) The purpose of the inquiry.
(c) What parole violations have been alleged.
2. The inquiring officer shall allow the parolee to:
(a) Appear and speak on his own behalf.
(b) Obtain counsel.
κ1975 Statutes of Nevada, Page 197 (CHAPTER 163, SB 198)κ
(c) Present any relevant letters or other documents and any person who can give relevant information.
(d) Confront and question any person who has given adverse information on which a revocation of his parole may be based, unless in the opinion of the inquiring officer the person would be subjected to a risk of harm by disclosure of his identity.
Sec. 6. 1. Upon completion of the inquiry, the inquiring officer shall:
(a) Make a written summary of what occurred at the inquiry, noting the substance of the evidence given in support of parole revocation and the parolees position and responses.
(b) Determine whether there is probable cause to hold the parolee for a board hearing on parole revocation.
2. If the inquiring officer determines that there is probable cause, his determination is sufficient to warrant the parolees continued detention and return to the Nevada state prison pending the boards hearing.
Sec. 7. 1. Where the inquiring officer has determined that there is probable cause for a board hearing, the chief parole and probation officer may after consideration of the case and pending the next meeting of the board:
(a) Release the arrested parolee again upon parole; or
(b) Suspend his parole and return him to confinement.
2. The chief parole and probation officer shall take whichever action under subsection 1 he deems appropriate within:
(a) Fifteen days if such prisoner was paroled by the board.
(b) Thirty days if such prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.
3. The board shall consider at its next meeting the case of each paroled prisoner as to whom a determination has been made that probable cause exists for revocation of parole.
Sec. 8. 1. Any parolee whose parole is revoked by decision of the board for a violation of any rule or regulation governing his conduct shall:
(a) Forfeit all credits for good behavior earned prior to his parole; and
(b) Serve such part of the unexpired term of his original sentence as may be determined by the board. The board may restore any credits forfeited under this subsection.
2. If a person, subsequent to his release on parole, is convicted in another jurisdiction of a crime and sentenced to imprisonment for a term of more than 1 year, he may be given a dishonorable discharge from parole.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 198κ
Senate Bill No. 131Committee on Transportation
CHAPTER 164
AN ACT relating to fish and game administration; allowing the use of certain moneys for the administration and enforcement of the Nevada Boat Act.
[Approved April 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 501.358 is hereby amended to read as follows:
501.358 1. The fish and game reserve fund is hereby created. Such fund shall consist of the interest paid on deposits made pursuant to the provisions of subsection 2 of NRS 501.356, which interest shall be transferred annually between June 1 and July 31 to the fish and game reserve fund until such fund totals $150,000, and thereafter as may be necessary to maintain the reserve fund at $150,000. The interest paid on such deposits above the amount necessary to maintain the reserve fund at $150,000 shall be transferred annually between June 1 and July 31 to the fish and game fund.
2. The moneys in the fish and game reserve fund shall be deposited at interest, with the written approval of the state board of finance, in any state or national bank or banks or savings associations in the State of Nevada.
3. Moneys in the fish and game reserve fund may be expended at such times and in such amounts as may be necessary for:
(a) The acquisition of lands, water rights, easements and other property to be used for wildlife management.
(b) Any expenses which may be necessary for the propagation, protection, restoration, introduction and transplanting of wildlife in or into this state.
(c) The financing of any emergency measures which may be necessary for the protection, management and propagation of wildlife in this state.
(d) Any expenses which may be necessary for the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act) in an amount equal to the interest derived from moneys received pursuant to NRS 365.535, 488.075 and 488.1793.
4. No moneys in the fish and game reserve fund shall be transferred to the general fund in the state treasury at any time.
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κ1975 Statutes of Nevada, Page 199κ
Senate Bill No. 57Committee on Health, Welfare and State Institutions
CHAPTER 165
AN ACT relating to the bureau of services to the blind of the rehabilitation division of the department of human resources; changing certain requirements respecting vending stands and the business enterprise contingent fund for the blind; and providing other matters properly relating thereto.
[Approved April 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 426.670 is hereby amended to read as follows:
426.670 The 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 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 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] The bureau [does not have sufficient funds to establish such vending stands, it] may enter into contracts with vendors for the establishment and operation [thereof.] of vending stands. Such contracts shall include provision for payment of commissions to the bureau based on revenues of the vending stands. Such commissions may, at the discretion of the bureau, be assigned to licensed vending stand operators for maintenance of income purposes.
8. The bureau may, by rule or regulation, provide [a method for amortizing and] methods for recovering the cost of establishing vending stands.
Sec. 2. NRS 426.675 is hereby amended to read as follows:
426.675 1. The business enterprise contingent fund for the blind, a special revenue fund, is hereby created in the state treasury [.] and shall be managed by the chief.
2. Moneys received by the bureau under the provisions of NRS 426.670, except commissions assigned to licensed vending stand operators, shall:
κ1975 Statutes of Nevada, Page 200 (CHAPTER 165, SB 57)κ
(a) Be deposited in the business enterprise contingent fund for the blind.
(b) Except as provided in subsection [3,] 4, 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.]
(1) Purchasing, maintaining or replacing vending stands or the equipment therein;
(2) Maintaining a stock of equipment, parts, accessories and merchandise used or planned for use in the vending stand program; and
(3) Such other purposes, consistent with NRS 426.640, as may be provided by rule or regulation.
3. Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of general services or his designated representative, but the bureau shall:
(a) Maintain current inventory records of all equipment, parts, accessories and merchandise charged to the business enterprise contingent fund for the blind;
(b) Conduct a periodic physical count of all such equipment, parts, accessories and merchandise; and
(c) Reconcile the results of the periodic physical count with the inventory records and cash balance in the fund.
[3.] 4. 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.
[4. Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of chapter 333 of NRS.]
5. Funds from any source which may lawfully be used for the vending stand program may be transferred or deposited by the bureau to the business enterprise contingent fund for the blind.
6. Fund transactions shall be accounted for in accordance with the generally accepted accounting principles for special revenue funds and the provisions of the Fiscal and Accounting Procedures Law.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 278Committee on Transportation
CHAPTER 166
AN ACT relating to drivers licenses; clarifying the running of periods of suspension and revocation.
[Approved April 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.490 is hereby amended to read as follows:
483.490 1. Unless otherwise provided by law, the department may not suspend a license for a period of more than 1 year.
κ1975 Statutes of Nevada, Page 201 (CHAPTER 166, AB 278)κ
2. The department may, after the expiration of 1 year from the date of revocation of a license and when the period of such revocation exceeds 1 year, issue a drivers license to an applicant permitting such applicant to drive a motor vehicle for purposes of his employment only, if the department is satisfied that a severe hardship exists.
3. The periods of suspensions and revocations under this chapter shall run consecutively [.] , except as provided in NRS 483.470, when the suspension shall run concurrently.
________
Assembly Bill No. 222Assemblyman Mann
CHAPTER 167
AN ACT relating to plumbing; changing the composition of the regional plumbing boards; requiring city and county governing bodies to submit proposed regulations for the enforcement of the Uniform Plumbing Code to the appropriate regional plumbing board before adoption; and providing other matters properly relating thereto.
[Approved April 8, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 444.350 is hereby amended to read as follows:
444.350 1. [After January 1, 1972, and] Any construction, alteration or change in the use of a building or other structure in this state [is to] shall be in compliance with the latest edition of the Uniform Plumbing Code adopted by the International Association of Plumbing and Mechanical Officials.
2. Any city [, county or city and county] or county may adopt such modifications as are deemed reasonably necessary because of geographic, topographic or climatic conditions of such city [, county or city and county. Any city, county, or city and county] or county. Any city or county desiring to make changes to the Uniform Plumbing Code, with changes, shall submit such amended code to its regional plumbing board prior to its adoption.
Sec. 2. NRS 444.370 is hereby amended to read as follows:
444.370 1. Each regional plumbing board shall consist of seven members, who shall be appointed by the governor.
2. The members appointed to each regional plumbing board shall possess the following qualifications:
(a) [Three] Two members shall [be persons with knowledge of the plumbing industry.] be journeyman plumbers, and if the region contains any joint boards of plumbing examiners the governor shall consider appointing journeyman plumbers certified by such board.
(b) [One member shall represent the public at large.] Two members shall be plumbing contractors actively engaged in business and licensed by the state contractors board.
(c) Three members shall be members of city or county building inspectors offices.
κ1975 Statutes of Nevada, Page 202 (CHAPTER 167, AB 222)κ
Sec. 3. NRS 444.420 is hereby amended to read as follows:
444.420 Each regional plumbing board shall:
1. Review all proposed adoptions of the Uniform Plumbing Code by any city [, county or city and county] or county within its jurisdiction and any proposed changes to the Uniform Plumbing Code, and advise such city [, county or city and county] or county on whether or not such change is deemed warranted by geographic, topographic or climatic conditions.
2. Submit a copy of the Uniform Plumbing Code adopted by any city [, county or city and] or county within its jurisdiction to the health division of the department of human resources.
Sec. 4. NRS 444.430 is hereby amended to read as follows:
444.430 1. The governing body of any city [, county or city and county may adopt, without submitting it to the appropriate regional plumbing board, any rule or regulation promulgated for the enforcement of the Uniform Plumbing Code or rules and regulations promulgated pursuant thereto.] or county shall, 60 days prior to the adoption of any regulation for the enforcement of the Uniform Plumbing Code or any rules or regulations promulgated pursuant thereto, deliver by certified or registered mail, a copy of the proposed regulation to the appropriate regional plumbing board for the boards recommendation on the proposed regulation.
2. The governing body of the city or county may, 60 days after the appropriate regional plumbing board receives the copy of the proposed regulation, adopt the regulation with or without the approval of the regional plumbing board.
Sec. 5. Each member of the regional plumbing boards appointed under paragraph (a) of subsection 2 of NRS 444.370 shall, upon the expiration of his present term, be replaced by a person who satisfies the requirements of section 2 of this act.
________
Assembly Bill No. 257Assemblymen Harmon, Robinson, Mann, Vergiels, Mello, Demers, Sena, Price, Brookman, Banner, Craddock, Howard, Murphy, Hayes, Ford, Chaney and Bennett
CHAPTER 168
AN ACT relating to pharmacists and pharmacy; allowing the state board of pharmacy to require pharmacies to post prices for prescription drugs and provide such information to telephone callers; and providing other matters properly relating thereto.
[Approved April 8, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 639.070 is hereby amended to read as follows:
639.070 The board shall have power:
1. To make such bylaws and regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.
κ1975 Statutes of Nevada, Page 203 (CHAPTER 168, AB 257)κ
appertaining to the practice of pharmacy and the lawful performance of its duties.
2. To make regulations requiring that prices charged by retail pharmacies for prescription drugs and medicines be posted in the pharmacies and be given on the telephone to persons requesting such information.
3. To regulate the practice of pharmacy.
[3.] 4. To regulate the sales of poisons, drugs, chemicals and medicines.
[4.] 5. To regulate the means of storage and security of drugs, poisons, medicines, chemicals and devices.
[5.] 6. To examine and register as pharmacists applicants whom it shall deem qualified to be such.
[6.] 7. To charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.
[7.] 8. To maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
[8.] 9. To deposit its funds in banks or savings and loan associations in the State of Nevada.
This section does not authorize the board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.
________
Assembly Bill No. 386Committee on Labor and Management
CHAPTER 169
AN ACT relating to vocational rehabilitation; changing name of the special maintenance fund for the vocational rehabilitation of disabled persons to the rehabilitation gift fund; providing accounting standards for fund transactions; and providing other matters properly relating thereto.
[Approved April 8, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 615.260 is hereby amended to read as follows:
615.260 1. The 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 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.] rehabilitation gift fund. Such moneys may be invested, reinvested and used as provided in subsection 1. Fund transactions shall be accounted for in accordance with generally accepted accounting principles for trust and agency funds and the provisions of the Fiscal and Accounting Procedures Law.
3. Moneys in the [special maintenance fund for the vocational rehabilitation of disabled persons] rehabilitation gift fund shall not revert to the general fund at the end of the fiscal year, but shall continue in such fund from year to year.
κ1975 Statutes of Nevada, Page 204 (CHAPTER 169, AB 386)κ
the general fund at the end of the fiscal year, but shall continue in such fund from year to year.
________
Assembly Bill No. 69Committee on Commerce
CHAPTER 170
AN ACT relating to pharmacists and pharmacy; correcting internal reference in NRS 639.180 and correcting name designation in NRS 639.284.
[Approved April 8, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 639.180 is hereby amended to read as follows:
639.180 1. A certificate as a registered pharmacist shall be issued to each person who is deemed qualified by the board in compliance with the provisions of NRS 639.120, 639.127, 639.133, 639.134 and NRS 639.217 to 639.2178 [.] , inclusive. Such certificate shall entitle the person to whom it is issued to practice pharmacy in this state until June 30 next succeeding the date of issue.
2. Each person to whom such certificate has been issued may, if he so desires and if his certificate has not been revoked, renew his certificate from year to year upon making application therefor as herein provided and paying the annual renewal fee fixed by the board as provided in NRS 639.170 and NRS 639.217 to 639.2178 [.] , inclusive.
3. Application for the renewal of such certificate, together with the renewal fee, shall be delivered to the board on or before the 1st Monday in May next preceding the expiration date of any presently existing valid certificate or renewal receipt.
4. Renewal receipts shall, ordinarily, be dated as of July 1 in each year, and shall be delivered to the applicant on or before that date.
Sec. 2. NRS 639.284 is hereby amended to read as follows:
639.284 Any person who:
1. Being the licensed proprietor of a pharmacy, fails to place a registered pharmacist in charge of such pharmacy, or permits the compounding or dispensing of drugs or prescriptions, or the selling of drugs, poisons or devices, the sale of which is restricted by the provisions of this chapter, by any person other than a registered pharmacist or [a pharmaceutical clerk,] an intern pharmacist, is guilty of a misdemeanor.
2. Is not a registered pharmacist and who takes charge of or acts as manager of any pharmacy, compounds or dispenses any prescription, or sells any drug, poison or device, the sale of which is restricted by the provisions of this chapter, is guilty of a misdemeanor.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 205κ
Assembly Bill No. 153Committee on Transportation
CHAPTER 171
AN ACT relating to equipment on vehicles; changing provisions concerning types of windshield wipers permitted; and providing other matters properly relating thereto.
[Approved April 8, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.621 is hereby amended to read as follows:
484.621 1. Every motor vehicle, except motorcycles, equipped with a windshield shall be equipped with a self-operating windshield wiper [, which shall be kept in good operating condition and] system which shall be so constructed as to be controlled [or operated] by the driver.
2. [When any such motor vehicle was originally equipped with two windshield wipers such wipers shall be kept] The windshield wiper system with which the vehicle is equipped shall be maintained in good operating condition [.
3. Every such motor vehicle manufactured after July 1, 1969, which is equipped with a windshield shall be equipped with two windshield wipers, one mounted on the right half and one on the left half of the windshield.
4. This section shall] and capable of effectively clearing the windshield so as to provide clear vision through the windshield for the driver under all ordinary conditions of rain, snow or other moisture.
3. The wiper system shall be operated while the vehicle is being driven during conditions of rain, snow or other moisture which obstruct or reduce the drivers clear view through the windshield.
4. Subsection 1 does not apply to [snow removal equipment] highway maintenance vehicles, special mobile equipment, implements of husbandry, or vehicles manufactured before July 1, 1935, with adequate manually operated windshield wipers.
________
Senate Bill No. 296Senators Sheerin, Raggio, Hilbrecht and Lamb
CHAPTER 172
AN ACT relating to public employees; authorizing them to use benefits received from the Nevada industrial commission rather than sick leave benefits in certain cases; and providing other matters properly relating thereto.
[Approved April 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.390 is hereby amended to read as follows:
281.390 When any public employee is eligible at the same time for benefits under chapter 616 or 617 of NRS and for any sick leave benefit:
κ1975 Statutes of Nevada, Page 206 (CHAPTER 172, SB 296)κ
1. The amount of sick leave benefit paid to [him] such employee for any pay period shall not exceed the difference between his or her normal salary and the amount of any benefit received, exclusive of reimbursement or payment of medical or hospital expenses under chapter 616 or 617 of NRS for that pay period.
2. If the amount of [his] the employees sick leave benefit is reduced pursuant to subsection 1 below the amount normally payable, the amount of sick leave time charged against [him] such employee as taken during that pay period shall be reduced in the same proportion.
3. The public employee may decline to use any or part of the sick leave benefit normally payable to him or her while receiving benefits under chapter 616 or 617 of NRS. During such period of time the employee shall be considered on leave of absence without pay.
________
Senate Bill No. 226Committee on Transportation
CHAPTER 173
AN ACT relating to traffic laws; enabling the board of directors of the department of highways to establish permit fees for the operation of oversize or overweight vehicles; and providing other matters properly relating thereto.
[Approved April 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.743 is hereby amended to read as follows:
484.743 1. The board of directors of the department of highways may by resolution authorize the movement of vehicles upon the public highways, including without limitation motor vehicles, tractors, trailers, semitrailers and combinations thereof, of a size and weight in excess of the limits prescribed by this chapter, to such extent as may be authorized by any legislation enacted by the Congress of the United States permitting such increases without forfeiture of this states eligibility for federal aid in highway construction and maintenance.
2. The board of directors of the department of highways may by resolution establish a reasonable fee or fees to be charged by the department of highways for the issuance of permits authorizing the operation of oversize or overweight vehicles as provided in this chapter. The fee or fees so established shall be in an amount set so that the aggregate amounts received from the fee or fees do not exceed the estimated costs of administering the permit system.
________
κ1975 Statutes of Nevada, Page 207κ
Senate Bill No. 218Senator Raggio
CHAPTER 174
AN ACT relating to drivers licenses and schools; providing for restricted drivers licenses for certain private school pupils; and providing other matters properly relating thereto.
[Approved April 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.270 is hereby amended to read as follows:
483.270 1. The department may issue a restricted license to any pupil between the ages of 14 and 16 years who is attending: [a]
(a) A public school in a school district in this state when transportation to and from school is not provided by the board of trustees of the school district; or
(b) A private school meeting the requirements for approval under NRS 392.070 when transportation to and from school is not provided by the private school,
and it is impossible or impractical to furnish such pupil with private transportation to and from school.
2. An application for the issuance of a restricted license under this section shall:
(a) Be made upon a form provided by the department.
(b) Be signed and verified as provided in NRS 483.300.
(c) Contain such other information as may be required by the department.
3. Any restricted license issued pursuant to this section:
(a) Shall be effective only for the school year during which it is issued or for a more restricted period.
(b) Shall authorize the licensee to drive a motor vehicle on a street or highway only while going to and from school, and at a speed not in excess of the speed limit set by law for school buses.
(c) Shall contain such other restrictions as the department may deem necessary and proper.
(d) May authorize the licensee to transport as passengers in a motor vehicle driven by him, only while he is going to and from school, members of his immediate family, or other minor persons upon written consent of the parents or guardians of such minors; but in no event shall the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.
4. No restricted license shall be issued under the provisions of this section until the department is satisfied fully as to the applicants competency and fitness to drive a motor vehicle.
________
κ1975 Statutes of Nevada, Page 208κ
Assembly Bill No. 290Assemblyman Robinson
CHAPTER 175
AN ACT relating to professional engineers and licensed architects; providing method for selection of a registered professional engineer or licensed architect for certain public works projects; and providing other matters properly relating thereto.
[Approved April 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.530 is hereby amended to read as follows:
625.530 1. It is unlawful for the State of Nevada or any of its political subdivisions, such as a county, city or town, to engage in the construction of any public work requiring the practice of engineering, unless the plans, specifications and estimates have been prepared by, and the construction executed under the supervision of, a registered professional engineer or a duly licensed architect.
2. Nothing in this section shall be:
(a) Held to apply to any public work wherein the expenditure for the complete project of which the work is a part does not exceed $15,000.
(b) Deemed to include any maintenance work undertaken by the State of Nevada or its political subdivisions.
(c) Deemed to authorize either a professional engineer or a licensed architect or a registered land surveyor to practice in violation of any of the provisions of chapter 623 of NRS or this chapter.
(d) Held to require the services of an architect licensed under chapter 623 of NRS for the erection of buildings or structures manufactured in an industrial plant, if such buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.
3. The selection of a registered professional engineer or licensed architect to perform services under subsection 1 shall be made on the basis of the competence and qualifications of such engineer or architect for the type of services to be performed, and not on the basis of competitive fees. If, after selection of such engineer or architect, an agreement upon a fair and reasonable fee cannot be reached with him, the public agency may terminate negotiations and select another such engineer or architect.
________
κ1975 Statutes of Nevada, Page 209κ
Assembly Bill No. 271Assemblymen Demers, Howard and Barengo
CHAPTER 176
AN ACT relating to waiver of sovereign immunity of state from liability and action; excepting therefrom acts and omissions of members and employees of Nevada National Guard engaged in training or duty; and providing other matters properly relating thereto.
[Approved April 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No action may be brought under NRS 41.031 or against the State of Nevada or the Nevada National Guard or a member or employee of the Nevada National Guard which action is based upon an act or omission of the member or employee while engaged in state or federal training of the Nevada National Guard or duty as prescribed by Title 32 of U.S.C., or regulations adopted pursuant thereto, whether such training or duty is performed within or without the boundaries of this state.
Sec. 2. NRS 41.031 is hereby amended to read as follows:
41.031 The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against individuals and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and section 1 of this act provided the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, and section 1 of this act or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability shall be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, provided the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive. An action may be brought under this section against the State of Nevada, any agency of the state, or any political subdivision of the state. In an action against the state or any agency of the state, the State of Nevada shall be named as defendant, and the summons shall be served upon the secretary of state.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 210κ
Assembly Bill No. 122Committee on Transportation
CHAPTER 177
AN ACT relating to the department of motor vehicles; clarifying the provisions of various funds; providing that interest on deposits of certain moneys be credited to the state highway fund; changing the name and increasing the amount of the motor vehicle revolving fund; making an appropriation; eliminating certain required reports and deposits; repealing obsolete bonding procedures; and providing other matters properly relating thereto.
[Approved April 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 481.063 is hereby amended to read as follows:
481.063 1. The director is authorized to charge and collect reasonable fees from persons making use of files and records of the department or its various divisions for any private purpose.
2. All moneys so collected shall be [delivered to the state treasurer for deposit to the credit of the state highway fund.] deposited with the state treasurer to the credit of the motor vehicle fund.
Sec. 2. NRS 481.079 is hereby amended to read as follows:
481.079 1. Except as otherwise provided by law, all taxes, license fees and moneys collected by the department or by patrolmen and personnel pursuant to the provisions of NRS 481.071 shall be deposited [in the state treasury to the credit of the state highway fund in the manner provided in the law or laws providing for the imposition and collection thereof.] with the state treasurer to the credit of the motor vehicle fund.
2. Any check accepted by the department in payment of fees pursuant to NRS 481.071 shall, if it is dishonored upon presentation for payment, be subject to a $5 service charge in addition to any other penalties provided by law.
3. The department is authorized to adjust the amount of a deposit made with the state treasurer to the credit of the motor vehicle fund for any cash shortage or overage resulting from the collection of fees.
Sec. 3. NRS 482.180 is hereby amended to read as follows:
482.180 1. There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. [The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this chapter in the motor vehicle fund.] Money received by the department shall be deposited with the state treasurer to the credit of the motor vehicle fund. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter shall, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which such payment was credited, in the proper proportion.
2. Funds for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense.
κ1975 Statutes of Nevada, Page 211 (CHAPTER 177, AB 122)κ
3. The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and such funds shall be paid monthly to the recipients, and in the same ratio as personal property taxes were distributed in the previous fiscal year in each county, but the State of Nevada shall not be entitled to share in any such distribution. On the same basis, privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation shall be distributed among the counties in the following percentages:
Carson City......... 1.07 percent Lincoln.................. 3.12 percent
Churchill.............. 5.21 percent Lyon...................... 2.90 percent
Clark..................... 22.54 percent Mineral................. 2.40 percent
Douglas............... 2.52 percent Nye........................ 4.09 percent
Elko....................... 13.31 percent Pershing............... 7.00 percent
Esmeralda............ 2.52 percent Storey................... .19 percent
Eureka.................. 3.10 percent Washoe................ 12.24 percent
Humboldt............. 8.25 percent White Pine........... 5.66 percent
Lander.................. 3.88 percent
4. As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of chapters 482 and 706 of NRS the department shall retain 1 percent from Carson City and counties acting as agents of the department and 6 percent from counties where the department has established branch offices.
5. When the foregoing requirements have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
Sec. 4. NRS 482.183 is hereby amended to read as follows:
482.183 [1. The motor vehicle working capital fund in the amount of $5,000 is hereby created and may be used for the following purposes, and no other:
(a) To cover bank collection charges.
(b) For main and branch office change funds.
2. Moneys in such fund shall be deposited in a bank in the State of Nevada.] The motor vehicle revolving fund in the amount of $10,000 is hereby created and shall be used for main and branch office change funds.
Sec. 5. NRS 482.367 is hereby amended to read as follows:
482.367 1. The department shall charge and collect the following fees for the issuance of personalized prestige license plates, which fees shall be in addition to all other license fees and motor vehicle taxes:
(a) For the first issuance............................................................................ $25
(b) For a renewal sticker............................................................................. 15
(c) For changing to another personalized prestige license plate......... 25
2. The additional fees collected by the department for the issuing of personalized prestige license plates shall be [remitted monthly to the state treasurer for deposit in the state highway fund.] deposited with the state treasurer to the credit of the motor vehicle fund.
Sec. 6. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every drivers license issued and service performed the following fees shall be charged:
κ1975 Statutes of Nevada, Page 212 (CHAPTER 177, AB 122)κ
A license issued to persons 70 years of age or older....................... $3
A license issued to all other persons.................................................. 5
Reinstatement of a license after suspension, revocation or cancellation 5
A duplicate license, change of name, change of address or any combination.................................................................................... 1
2. For every motorcycle endorsement to a drivers license a $2 fee shall be charged.
3. A penalty of $5 shall be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.380 unless exempt under NRS 483.380.
4. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
5. All money collected by the [administrator shall be deposited at least once a month with the state treasurer, who shall deposit the money to the credit of the state highway fund.] department shall be deposited with the state treasurer to the credit of the motor vehicle fund.
Sec. 7. NRS 486.371 is hereby amended to read as follows:
486.371 All money collected under this chapter shall be deposited [at least once each month with the state treasurer, who shall deposit the money to the credit of the state highway fund.] with the state treasurer to the credit of the motor vehicle fund.
Sec. 8. NRS 487.080 is hereby amended to read as follows:
487.080 1. The fee for an automobile wreckers license shall be $25 annually.
2. Fees collected shall be deposited with the state treasurer to the credit of the motor vehicle fund.
Sec. 8.5. NRS 356.087 is hereby amended to read as follows:
356.087 1. Except as provided in 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 and the motor vehicle fund created by NRS 408.235 [;] and NRS 482.180 respectively;
(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. 9. NRS 366.380 is hereby amended to read as follows:
366.380 1. On or before the 25th day of January, April, July and October in each year, each special fuel dealer or special fuel user shall file with the department a quarterly tax return for the preceding quarter, regardless of the amount of excise tax due, on a form prescribed by the department, together with supporting schedules.
κ1975 Statutes of Nevada, Page 213 (CHAPTER 177, AB 122)κ
regardless of the amount of excise tax due, on a form prescribed by the department, together with supporting schedules.
2. The return shall show such information as the department may reasonably require for the proper administration and enforcement of this chapter.
3. The quarterly tax return shall be accompanied by a remittance, payable to the department, for the amount of excise tax due thereunder, or a minimum remittance of $6, whichever is greater.
4. [The department shall transmit all remittances to the state treasurer for deposit in the state highway fund] All remittances received by the department shall be deposited with the state treasurer to the credit of the motor vehicle fund pursuant to the provisions of NRS 366.700.
Sec. 10. NRS 366.700 is hereby amended to read as follows:
366.700 All money received by the [state treasurer] department pursuant to the provisions of this chapter shall be [placed to the credit of the state highway fund.] deposited with the state treasurer to the credit of the motor vehicle fund.
Sec. 11. NRS 371.230 is hereby amended to read as follows:
371.230 Moneys collected by the department for privilege taxes and penalties under the provisions of this chapter shall be deposited [in] with the state treasurer to the credit of the motor vehicle fund.
Sec. 12. NRS 706.211 is hereby amended to read as follows:
706.211 1. All moneys collected by the department under the provisions of NRS 706.011 to 706.861, inclusive, shall be [paid over to the state treasurer by the department on or before the 1st Monday of each month. The state treasurer shall place such moneys in the state highway fund] deposited with the state treasurer for credit to the motor vehicle fund. Except as otherwise provided in NRS 482.180 and this chapter, all moneys collected under the provisions of NRS 706.011 to 706.861, inclusive, shall be used for the construction, maintenance and repair of the public highways of this state.
2. All moneys collected by the commission pursuant to the provisions of this chapter shall be deposited in the state treasury to the credit of the public service commission regulatory fund.
[3. The department shall deposit moneys collected pursuant to subsection 1 in a reputable bank in this state. Such bank shall execute and deliver to the department good and sufficient collateral security or a depositary bond to be approved by the state board of examiners.]
Sec. 13. NRS 706.536 is hereby amended to read as follows:
706.536 1. In addition to the fees provided in NRS 706.496 to 706.526, inclusive, the department shall collect the additional sum of $3 for:
(a) Each original identifying device issued on an annual basis for motor vehicles under the provisions of NRS 706.496 to 706.526, inclusive;
(b) Each original identifying device issued on an annual basis under the provisions of NRS 706.521 and 706.526.
2. All moneys collected pursuant to this section shall be [paid over to the state treasurer for deposit to the credit of the state highway fund,] deposited with the state treasurer to the credit of the motor vehicle fund, to be used to defray the costs incurred pursuant to NRS 706.176.
κ1975 Statutes of Nevada, Page 214 (CHAPTER 177, AB 122)κ
Sec. 14. NRS 706.571 is hereby amended to read as follows:
706.571 1. If illegally or through error the department collects or receives any fee, penalty or interest imposed under NRS 706.011 to 706.861, inclusive, the fee, penalty or interest shall be refunded to the person paying it. Written application for refund, stating the specific grounds therefor, shall be made within 28 months after the date of payment, whether or not the fee, penalty or interest was paid voluntarily or under protest.
2. Refunds shall be made to a successor, assignee, estate or heir of such person if written application is made within the time limit.
3. Any amount determined to be refundable by the department shall be refunded or credited to any amounts then due and payable from the person to whom the refund is due.
4. All amounts refunded under the provisions of this chapter shall be paid from the [state highway fund] motor vehicle fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
Sec. 15. NRS 481.075 and 482.195 are hereby repealed.
Sec. 16. There is hereby appropriated from the state highway fund in the state treasury to the department of motor vehicles the sum of $7,000, increasing the motor vehicle revolving fund to $10,000 to be used as specified in NRS 482.183.
________
Assembly Bill No. 96Assemblymen Demers, Dreyer and Brookman
CHAPTER 178
AN ACT relating to Oriental medicine; placing restrictions on the conduct of seminars thereon in this state; authorizing temporary certificates for certain purposes; providing a penalty; and providing other matters properly relating thereto.
[Approved April 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 634A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. No seminar concerning traditional Oriental medicine may be conducted in this state except in accordance with regulations prescribed by the board for bona fide educational seminars.
2. Any person who violates subsection 1 is guilty of a misdemeanor.
Sec. 3. The board may prescribe regulations for the issuance of temporary certificates to persons not licensed pursuant to this chapter. A temporary certificate may be issued:
1. In connection with a bona fide educational seminar concerning traditional Oriental medicine; or
2. For the purpose of authorizing a person to engage in lecturing on or teaching traditional Oriental medicine in this state on a short-term basis.
________
κ1975 Statutes of Nevada, Page 215κ
Assembly Bill No. 48Assemblymen Howard, Jacobsen, Dini, Ashworth and Young
CHAPTER 179
AN ACT relating to exemptions of homesteads; increasing the limitation on the value of such exempt property.
[Approved April 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 115.010 is hereby amended to read as follows:
115.010 The homestead, consisting of a quantity of land, together with the dwelling house thereon and its appurtenances, not exceeding [$10,000,] $25,000, to be selected by the husband and wife, or either of them, other head of a family, or other single person claiming the homestead, shall not be subject to forced sale on execution, or any final process from any court, [for any debt or liability contracted or incurred after November 13, 1861,] except process to enforce the payment of the purchase money for such premises, or for improvements made thereon, or for legal taxes imposed thereon, or for the payment of any mortgage or deed of trust thereon executed and given by both husband and wife, when that relation exists.
Sec. 2. NRS 115.050 is hereby amended to read as follows:
115.050 1. Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment shall make oath before the judge of the district court of the county in which the premises are situated, that the cash value of the premises exceeds, to the best of the creditors information and belief, the sum of [$10,000,] $25,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the value of the premises, and if the same exceeds the sum, whether they can be divided so as to leave the premises amounting to the homestead exemption without material injury.
2. If it appear, upon the report, to the satisfaction of the judge that the premises can be thus divided, he shall order the excess to be sold under execution. If it appear that the premises cannot be thus divided, and the value thereof exceeds the exemption allowed by this chapter, he shall order the entire premises to be sold, and out of the proceeds the sum of [$10,000] $25,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid shall be received by the officer making the sale under [$10,000.] $25,000.
3. When the execution is against the husband, whose wife is living, the judge may, in his discretion, direct the [$10,000] $25,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and it shall possess all the protection against legal process and voluntary disposition of the husband as were the original homestead premises.
Sec. 3. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as herein otherwise specifically provided:
κ1975 Statutes of Nevada, Page 216 (CHAPTER 179, AB 48)κ
(a) Private libraries not to exceed $500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, appliances, furniture, home and yard equipment, not to exceed $1,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $1,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office supplies not to exceed $1,500 in value, and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $1,500 in value.
(e) The cabin or dwelling of a miner or prospector, not to exceed $500 in value; also, his cars, implements and appliances necessary for carrying on any mining operations not to exceed $500 in value; also, his mining claim actually worked by him, not exceeding $1,000 in value.
(f) One vehicle not exceed $1,000 in gross value as established by the judgment debtor.
(g) Poultry not exceeding in value $75.
(h) For any pay period, 75 percent of the disposable earnings of a judgment debtor during such period, or the amount by which his disposable earnings for each week of such period exceed 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. The exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(i) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(j) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(k) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state.
(l) Any moneys, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $500, and if they exceed that sum a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges and immunities so accruing or growing out of such insurance that the $500 bears to the whole annual premium paid.
κ1975 Statutes of Nevada, Page 217 (CHAPTER 179, AB 48)κ
exist which shall bear the same proportion to the moneys, benefits, privileges and immunities so accruing or growing out of such insurance that the $500 bears to the whole annual premium paid.
(m) The homestead as provided for by law.
(n) The dwelling of the judgment debtor occupied as a home for himself and family, not exceeding [$10,000] $25,000 in value, where the dwelling is situate upon lands not owned by him.
2. No article, however, or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
________
Assembly Bill No. 70Assemblymen Hickey, Lowman, May, Banner, Dini and Young
CHAPTER 180
AN ACT relating to judgments in criminal proceedings; authorizing a court to order a formerly indigent defendant to repay the expense of his representation by counsel; and providing other matters properly relating thereto.
[Approved April 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The court may order a convicted defendant to pay as costs the expenses incurred by the county, city or state in providing such defendant with an attorney pursuant to the provisions of NRS 171.188.
2. The court shall not order a defendant to pay such costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
3. A defendant who has been ordered to pay costs and who is not willfully or without good cause in default in the payment thereof may at any time petition the court which sentenced him for remission of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due for costs or modify the method of payment.
4. The money recovered as costs shall in each case be paid over to the city, county or public defenders office which bore the expense and was not reimbursed by another governmental agency.
Sec. 2. NRS 176.275 is hereby amended to read as follows:
176.275 A judgment which imposes a fine or costs constitutes a lien in like manner as a judgment for money rendered in a civil action.
________
κ1975 Statutes of Nevada, Page 218κ
Assembly Bill No. 76Committee on Government Affairs
CHAPTER 181
AN ACT to amend an act entitled An Act relating to the public employees retirement system; declaring the policy thereof; and providing other matters properly relating thereto, approved April 25, 1973.
[Approved April 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 587, Statute of Nevada 1973, at page 997, is hereby amended to read as follows:
Section 2. NRS 286.220 is hereby amended to read as follows:
286.220 1. The board shall establish a fund which shall be known as the public employees retirement fund.
2. It is hereby declared to be the policy of the legislature that the public employees retirement fund is a trust fund established to afford a degree of security to long-time public employees of the state and its political subdivisions. The moneys in the fund shall not be used or appropriated for any purpose incompatible with [securing to such public employees a secure and just retirement and the] the public employees retirement system policy, as expressed in section 1 of this act. The fund shall be invested and administered to assure the highest return consistent with safety in accordance with accepted investment practices.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 241Assemblyman Dreyer
CHAPTER 182
AN ACT relating to the labor commissioner; correcting internal reference in the statute authorizing the labor commissioner to gather statistics, by making reference apply to labor laws instead of laws on occupational safety and health.
[Approved April 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 607.150 is hereby amended to read as follows:
607.150 1. The labor commissioner [shall have the power to] may enter any store, foundry, mill, office, workshop, mine or public or private works at any reasonable time for the purpose of gathering facts and statistics contemplated by [chapter 618 of NRS] this chapter and [to] make a record thereof.
2. Any owner, corporation, occupant or officer who [shall refuse] refuses such entry to the labor commissioner, his officers or agents [shall be] is guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 219κ
Assembly Bill No. 253Committee on Ways and Means
CHAPTER 183
AN ACT making an appropriation from the general fund in the state treasury to the secretary of state for the purpose of implementing an automatic corporate chartering system.
[Approved April 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $63,000 to the secretary of state for the purpose of implementing an automatic corporate chartering system.
Sec. 2. After June 30, 1977, unexpended balances of the appropriation made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 276Assemblymen Brookman, Robinson, Vergiels, Jeffrey, Polish, Barengo, Hickey, Bremner, Mann, Price, Mello, Murphy, Getto, Harmon, Chaney, Craddock, Ford, Wittenberg, Bennett, Schofield, Benkovich and Coulter
CHAPTER 184
AN ACT relating to landlord and tenant relationships; providing for early termination of a lease on a dwelling, executed by married senior citizens, upon the death of either; and providing other matters properly relating thereto.
[Approved April 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 118 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every lease of a dwelling executed after July 1, 1975, by spouses either of whom is 60 years of age or over at the time of execution, shall, upon the death of either, terminate 30 days after written notice to the landlord of the surviving spouses intention to terminate, notwithstanding any contrary provisions in the lease, but a notice of intention to terminate pursuant to this section may not be submitted later than 6 months after the date of such death.
2. The provisions of this section apply only to spouses whose combined income does not exceed $10,000 for the calendar year preceding the death.
3. As used in this section, income means all income, from whatever source derived, including but not limited to salaries, wages, bonuses, commissions, income from self-employment, alimony, cash, public assistance and relief, the gross amount of any pensions or annuities including railroad retirement benefits, benefits received under the Federal Social Security Act, benefits received pursuant to chapter 612 of NRS, realized capital gains, rentals, the gross amount of loss of time insurance benefits, life insurance benefits and proceeds, and gifts of cash or property.
κ1975 Statutes of Nevada, Page 220 (CHAPTER 184, AB 276)κ
Security Act, benefits received pursuant to chapter 612 of NRS, realized capital gains, rentals, the gross amount of loss of time insurance benefits, life insurance benefits and proceeds, and gifts of cash or property. The word income does not include surplus food or other relief in kind supplied by any governmental agency or property tax assistance received by any claimant pursuant to chapter 361 of NRS or gifts of cash or property from one spouse to another.
4. This section does not give a landlord the right to terminate a lease solely because of the death of one of the tenants.
________
Assembly Bill No. 291Committee on Elections
CHAPTER 185
AN ACT relating to elections; providing that the roster of the absent ballot central counting board is to be used by the county clerk in compiling list of registered voters; and providing other matters properly relating thereto.
[Approved April 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.545 is hereby amended to read as follows:
293.545 1. Immediately after the county commissioners of a county canvass the general election vote, the county clerk shall compare the registrar of voters register for each precinct or district in the county with the list of registered voters who voted at such election in each precinct or district as shown by the pollbook or roster returned by the precinct or district election board and the absent ballot central counting board, if one has been appointed, to the county clerk, and he shall remove from the registrar of voters register and from the election board register the affidavits of registration of all electors who have failed to vote at such election.
2. If the affidavit of registration of an elector is cancelled pursuant to the provisions of subsection 1, the registrar of voters may mail a post card containing a form for an affidavit of registration to the last-known address of such elector whereby such elector may reregister by completing the post card and mailing it back to the registrar of voters.
3. An absent voter whose ballot is voted and mailed on or before the date of the general election but which arrives too late to be cast and counted shall not be considered as having failed to vote under subsection 1.
________
κ1975 Statutes of Nevada, Page 221κ
Assembly Bill No. 302Assemblymen Barengo and Banner
CHAPTER 186
AN ACT relating to industrial insurance; redefining accident under the Nevada Industrial Insurance Act.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.020 is hereby amended to read as follows:
616.020 Accident [shall be construed to mean] means an unexpected or unforeseen event happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury.
________
Assembly Bill No. 338Committee on Government Affairs
CHAPTER 187
AN ACT relating to county motor vehicle fuel tax; requiring regional street and highway fund to be accounted for as a separate fund.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 373.110 is hereby amended to read as follows:
373.110 1. All net proceeds of the county motor vehicle fuel tax received by the county pursuant to NRS 373.080 shall be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter.
2. After July 1, 1975, the regional street and highway fund shall be accounted for as a separate fund and not as a part of any other fund.
________
Assembly Bill No. 400Assemblymen Barengo and Bremner
CHAPTER 188
AN ACT relating to the Nevada commission on equal rights of citizens; changing the name of the commission to the Nevada equal rights commission.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 118.040 is hereby amended to read as follows:
118.040 Commission means the Nevada [commission on equal rights of citizens.] equal rights commission.
κ1975 Statutes of Nevada, Page 222 (CHAPTER 188, AB 400)κ
Sec. 2. NRS 233.020 is hereby amended to read as follows:
233.020 As used in this chapter:
1. Commission means the Nevada [commission on equal rights of citizens.] equal rights commission.
2. Director means the executive director of the Nevada [commission on equal rights of citizens.] equal rights commission.
3. Member means a member of the Nevada [commission on equal rights of citizens.] equal rights commission.
Sec. 3. NRS 233.030 is hereby amended to read as follows:
233.030 1. The Nevada [commission on equal rights of citizens] equal rights commission consisting of five members is hereby created.
2. The members shall be appointed by the governor and shall serve at the pleasure of the governor.
3. Vacancies shall be filled by appointment by the governor.
4. Members shall serve without compensation, but they shall be entitled to receive the per diem expense allowances and travel expenses as provided by law.
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] equal rights commission 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] equal rights commission 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 613.410 is hereby amended to read as follows:
613.410 When any complaint is filed with the Nevada [commission on equal rights of citizens] equal rights commission alleging any unfair employment practice within the scope of NRS 613.310 to 613.400, inclusive, or when the commission initiates its own investigation of any such practice, the commission may, but only after holding a public hearing:
1. Make appropriate findings of fact;
2. Serve a copy of such findings upon any person found to have engaged in any such practice within 20 days after any such finding of unfair practice is made; and
3. If such person does not cease and desist from the unfair practice so found within 20 days after service is so made, apply to the appropriate district court for an injunction against such continued unfair practice.
In hearing and deciding on the application for an injunction, the court may consider only evidence introduced at a hearing before the commission for the purpose of determining whether the commissions findings were arbitrary, capricious or without foundation.
κ1975 Statutes of Nevada, Page 223 (CHAPTER 188, AB 400)κ
Sec. 6. NRS 613.420 is hereby amended to read as follows:
613.420 Any person injured by an unfair employment practice within the scope of NRS 613.310 to 613.400, inclusive, or the Nevada [commission on equal rights of citizens,] equal rights commission, may apply to the district court for an order granting or restoring to such person the rights to which he is entitled under such sections.
Sec. 7. NRS 613.430 is hereby amended to read as follows:
613.430 No action authorized by NRS 613.420 may be brought after the expiration of 60 days from the date of the act complained of. When a complaint is filed with the Nevada [commission on equal rights of citizens] equal rights commission pursuant to NRS 613.410, or with the labor commissioner pursuant to NRS 613.415, the limitation provided by this section is tolled as to any action authorized by NRS 613.420 during the pendency of such complaint before the commission or the labor commissioner.
Sec. 8. NRS 651.110 is hereby amended to read as follows:
651.110 When any complaint is filed with the Nevada [commission on equal rights of citizens] equal rights commission alleging violation of the rights or privileges secured by NRS 651.070, or when the commission initiates its own investigation of any such violation, the commission may, but only after holding a public hearing:
1. Make appropriate findings of fact;
2. Serve a copy of such findings upon any person found to have committed any such violation within 20 days after any such finding of violation is made; and
3. If such person does not cease and desist from the violation so found within 20 days after service is so made, apply to the appropriate district court for an injunction against such continued violation.
In hearing and deciding on the application for an injunction, the court may consider only evidence introduced at a hearing before the commission for the purpose of determining whether the commissions findings or order were arbitrary, capricious or without foundation.
Sec. 9. NRS 651.120 is hereby amended to read as follows:
651.120 No criminal or civil action authorized by NRS 651.080 to 651.100, inclusive, may be brought after the expiration of 30 days from the date of the act complained of. When a complaint is filed with the Nevada [commission on equal rights of citizens] equal rights commission pursuant to NRS 651.110, the limitation provided by this section is tolled as to any action authorized by NRS 651.080 to 651.100, inclusive, during the pendency of such complaint before the commission.
________
κ1975 Statutes of Nevada, Page 224κ
Senate Bill No. 26Senators Gojack, Walker, Schofield, Hilbrecht and Neal
CHAPTER 189
AN ACT relating to pharmacists; requiring the labels on containers filled with prescription drugs to carry a warning of potential dangers of use with alcohol or other drugs.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 639.2801 is hereby amended to read as follows:
639.2801 Unless specified to the contrary in writing on the prescription by the [prescribing physician,] prescriber, all prescriptions filled in any pharmacy shall be dispensed in a container to which is affixed a label or other device which clearly shows:
1. The [proprietory] proprietary or generic name of the drug or medicine as written by the prescribing physician; and
2. The strength of such drug or medicine [.] ,
and contains the warning:
Caution: Do not use with alcohol or nonprescribed drugs without consulting the prescriber.
________
Senate Bill No. 43Committee on Government Affairs
CHAPTER 190
AN ACT relating to local government budgets; providing for the filing of quarterly financial reports and preliminary budget and fiscal reports with recognized employee organizations; and providing other matters properly relating thereto.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.602 is hereby amended to read as follows:
354.602 1. Within 45 days after September 30, December 31, March 31 and within 90 days after June 30 of each year, the governing board of each local government shall cause to be published a report in the form prescribed by the Nevada tax commission showing, for each item of detailed estimate required by NRS 354.600, the amount estimated and the amount actually received or expended. Any approved budget augmentation or short-term financing received shall be included and briefly explained in a footnote. A copy of such report shall be filed immediately:
[1.] (a) With the Nevada tax commission;
[2.] (b) In the case of school districts, with the state department of education; [and]
[3.] (c) With any employee organization upon the written request of the employee organization recognized by such local government; and
(d) In the office of the clerk or secretary of the governing body, as a public record available for inspection by any interested person.
κ1975 Statutes of Nevada, Page 225 (CHAPTER 190, SB 43)κ
2. The governing board of each local government employer shall also supply, upon request by any organization entitled to request a report pursuant to paragraph (c) of subsection 1, a copy of each preliminary budget report or other fiscal report pertaining to the financial status of the local government, as such reports are prepared for use and consideration by the local government in the preparation of the budget or its amendments. The contents of such reports shall be superseded as to the period covered by any final budget or amendment thereof.
________
Senate Bill No. 76Committee on Finance
CHAPTER 191
AN ACT relating to the State Purchasing Act; increasing the working capital and operating fund; making an appropriation; and providing other matters properly relating thereto.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 333.120 is hereby amended to read as follows:
333.120 1. A working capital and operating fund, consisting of a working capital account and an operating account, in the sum of [$700,000] $1,000,000 is hereby created for the use of the chief in purchasing supplies, materials and equipment.
2. If the balance of the working capital and operating fund exceeds the amount set forth in subsection 1 at the end of any fiscal year, such excess shall revert to the general fund in the state treasury within 6 months.
3. Fund transactions shall be accounted for in accordance with the generally accepted accounting principles for intragovernment services funds and the provisions of the Fiscal and Accounting Procedures Law.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the working capital and operating fund created pursuant to NRS 333.120 the sum of $300,000.
Sec. 3. This bill shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 226κ
Senate Bill No. 176Committee on Finance
CHAPTER 192
AN ACT making an appropriation from the general fund in the state treasury to the central data processing division in the department of general services; and providing other matters properly relating thereto.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the central data processing division of the department of general services to prepare a comprehensive systems review of existing and planned data processing applications in the department of human resources.
Sec. 2. After June 30, 1977, unexpended balances of the appropriation made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 269Committee on Government Affairs
CHAPTER 193
AN ACT to repeal sections 14, 16, 17, 19, 21, 23, 24 and 25 of chapter 808, Statutes of Nevada 1973, relating to the Las Vegas city charter.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Sections 14, 16, 17, 19, 21, 23, 24 and 25 of chapter 808, Statutes of Nevada 1973, are hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 290Committee on Government Affairs
CHAPTER 194
AN ACT relating to planning and zoning; clarifying an exemption from the application of local government zoning laws to certain state lands.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.580 is hereby amended to read as follows:
278.580 1. The governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures and rules, ordinances and regulations for the enforcement of the building code.
κ1975 Statutes of Nevada, Page 227 (CHAPTER 194, SB 290)κ
2. The governing body may also fix a reasonable schedule of fees for the issuance of building permits. Schedules of fees so fixed shall not apply to the State of Nevada and its political subdivisions.
3. A city building code which has rules, regulations and specifications more stringent than the building code of the county within which such city is located shall supersede, with respect to the area within a 3-mile limit of the boundaries of such city, any provisions of such building code not consistent therewith.
4. None of the provisions of subsection 3 shall be applicable to farm or ranch buildings in existence on March 30, 1959.
5. Notwithstanding any other provision of law, the state and its political subdivisions must comply with all zoning regulations adopted pursuant to this chapter, except for the expansion of any [facility] activity existing on April 23, 1971.
________
Senate Bill No. 299Committee on Finance
CHAPTER 195
AN ACT relating to Nevada state prison; making a supplemental appropriation for the 1974-1975 fiscal year; and providing other matters properly relating thereto.
[Approved April 11, 1975]
Whereas, A decision of the United States District Court for the District of Nevada requires improvements to be made at the Nevada state prison; and
Whereas, Such improvements include remodeling of the isolation section, provision of a satisfactory law library, and removal of certain inmates to other institutions; and
Whereas, The financial burden resulting from the court decision was not foreseen for inclusion in the 1974-1975 appropriation for the Nevada state prison; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the Nevada state prison the sum of $48,540 for the fiscal year beginning July 1, 1974, and ending June 30, 1975, as an additional and supplemental appropriation to those allowed and made by section 36 of chapter 769, Statutes of Nevada 1973.
Sec. 2. After June 30, 1976, unexpended balances of the appropriation made by section 1 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 228κ
Senate Bill No. 309Committee on Health, Welfare and State Institutions
CHAPTER 196
AN ACT relating to alcohol and drug abuse; permitting the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources to certify or deny certification of any programs or personnel dealing with alcohol and drug abusers, apart from the facility being used; and providing other matters properly relating thereto.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 458.010 is hereby amended to read as follows:
458.010 As used in this chapter, unless the context requires otherwise:
1. 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.
3. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. Board means the state 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.
9. Director means the director of the department.
10. Facility means a [public or private institution concerned with] physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
Sec. 2. NRS 458.025 is hereby amended to read as follows:
458.025 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.
κ1975 Statutes of Nevada, Page 229 (CHAPTER 196, SB 309)κ
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] any facilities, programs or personnel on the basis of such standards, and publish a list of such certified facilities [. Facilities] , programs and personnel. Any facilities, programs or personnel 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, its programs and personnel and add [it] them to the list of certified facilities [.] , programs and personnel.
________
Senate Bill No. 328Committee on Finance
CHAPTER 197
AN ACT relating to the Senior Citizens Property Tax Assistance Act; providing that unexpended moneys in the senior citizens property tax assistance fund shall revert to the state general fund; and providing other matters properly relating thereto.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.853 is hereby amended to read as follows:
361.853 1. Funds to carry out the provisions of NRS 361.800 to 361.877, inclusive, shall be provided by legislative appropriation from the general fund in the state treasury. The moneys so appropriated shall be deposited in the senior citizens property tax assistance fund.
2. All refunds shall be made by warrants drawn by the state controller upon the senior citizens property tax assistance fund.
3. Any unexpended funds remaining in the senior citizens property tax assistance fund after all claims have been paid shall [remain in such fund and shall not revert to the general fund.] revert to the state general fund.
4. Refunds shall be mailed to the claimant on or before the 1st Monday in November following receipt by the commission of the claim. If the secretary of the commission authorizes a late filing of a claim, the refund shall be mailed not later than 30 days after receipt of such claim by the commission.
5. The secretary of the commission shall obtain from the state controller a statement of the balance in the senior citizens property tax assistance fund on September 1 of each year. The secretary shall provide for full refunds of all just claims under the provisions of NRS 361.833, provided that the total amount of such claims does not exceed the September 1 fund balance.
κ1975 Statutes of Nevada, Page 230 (CHAPTER 197, SB 328)κ
provided that the total amount of such claims does not exceed the September 1 fund balance. The secretary shall proportionately reduce each claim when the total amount of all claims exceeds the September 1 fund balance.
________
Assembly Bill No. 383Assemblyman Heaney
CHAPTER 198
AN ACT relating to the Nevada state council on the arts; reducing its membership and the membership of its executive board in specified stages; curtailing the terms of certain members; and providing other matters properly relating thereto.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 233C.030 is hereby amended to read as follows:
233C.030 1. The Nevada state council on the arts, [consisting of not more than 21 members,] whose members shall be broadly representative or [having] have knowledge of all fields of the performing and fine arts, is hereby created.
2. The council shall consist of not more than:
(a) Seventeen members during the biennium beginning July 1, 1975, and ending June 30, 1977;
(b) Thirteen members during the biennium beginning July 1, 1977, and ending June 30, 1979; and
(c) Eleven members on July 1, 1979, and thereafter.
Sec. 2. NRS 233C.040 is hereby amended to read as follows:
233C.040 1. The governor shall appoint members from among citizens of Nevada who are known for their knowledge of and experience in the performing and fine arts.
2. [Upon the expiration of the terms of those members serving on the council on March 10, 1971, the governor shall appoint 11 members for 4-year terms and 10 members for 2-year terms. Thereafter, each] Each member shall be appointed or reappointed for a term of 4 years.
3. If a vacancy occurs on the council, the governor shall fill the vacancy by the appointment of an eligible person to serve for the remainder of the unexpired term.
Sec. 3. NRS 233C.070 is hereby amended to read as follows:
233C.070 1. The executive board of the council shall consist of six members until June 30, 1979, and five members thereafter who shall be elected by and from the members of the council. [and the following ex officio, nonvoting members:
(a) A representative from the office of the governor.
(b) The president, or his representative, of the University of Nevada, Reno.
(c) The president, or his representative, of the University of Nevada, Las Vegas.]
κ1975 Statutes of Nevada, Page 231 (CHAPTER 198, AB 383)κ
2. The executive board shall elect from its membership a chairman, who shall be chief executive officer of the board and the council, a vice chairman and a secretary-treasurer.
3. All executive board members shall serve for a term of [4] 2 years and any vacancies that occur on the board shall be filled by election by and from the members of the council for the remainder of the unexpired term.
Sec. 4. 1. The terms of the eleven members of the Nevada state council on the arts who were appointed in 1971 for 4-year terms shall expire at 12:01 a.m. on July 1, 1975. The governor shall appoint seven persons to the council to serve 4-year terms commencing at 12:01 a.m. on July 1, 1975.
2. The terms of the ten members of the council who were appointed in 1973 for 4-year terms shall expire on June 30, 1977. The governor shall appoint six persons to the council to serve 4-year terms commencing on July 1, 1977.
3. On July 1, 1979, the governor shall appoint five persons to the council to serve 4-year terms.
________
Assembly Bill No. 133Committee on Commerce
CHAPTER 199
AN ACT relating to Chinese medicine; changing the designation of traditional Chinese medicine to traditional Oriental medicine; revising certain fees and recording requirements for examination and licensing; authorizing a code of ethics; and providing other matters properly relating thereto.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 634A.010 is hereby amended to read as follows:
634A.010 The practice of [Chinese] traditional Oriental medicine and any branch thereof is hereby declared to be a learned profession, affecting public safety and welfare and charged with the public interest, and therefore subject to protection and regulation by the state.
Sec. 2. NRS 634A.020 is hereby amended to read as follows:
634A.020 Unless the context otherwise requires, the words, phrases and derivatives thereof employed in this chapter have the meanings ascribed to them in this section.
1. Acupuncture means the insertion of needles into the human body by piercing the skin of the body, for the purpose of controlling and regulating the flow and balance of energy in the body.
2. Board means the state board of [Chinese] Oriental medicine.
3. Doctor of acupuncture means a person who has been licensed under the provisions of this chapter to practice the art of healing known as acupuncture.
4. Doctor of herbal medicine means a person who has been licensed under the provisions of this chapter to practice the art of healing known as herbal medicine.
κ1975 Statutes of Nevada, Page 232 (CHAPTER 199, AB 133)κ
5. Doctor of traditional [Chinese] Oriental medicine means a person who has been licensed under the provisions of this chapter to practice the art of healing through traditional [Chinese] Oriental medicine.
6. Herbal medicine and practice of herbal medicine mean suggesting, recommending, prescribing or directing the use of herbs for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound, fracture, bodily injury or deformity.
7. Herbs means plants or parts of plants valued for medicinal qualities.
8. Licensed acupuncture assistant means a person who assists in the practice of acupuncture under the direct supervision of a person licensed under the provisions of this chapter to practice traditional [Chinese] Oriental medicine or acupuncture.
9. Traditional [Chinese] Oriental medicine means that system of the healing art which places the chief emphasis on the flow and balance of energy in the body mechanism as being the most important single factor in maintaining the well-being of the organism in health and disease and includes the practice of acupuncture and herbal medicine.
Sec. 3. NRS 634A.030 is hereby amended to read as follows:
634A.030 1. The state board of [Chinese] Oriental medicine, consisting of five members appointed by the governor, is hereby created.
2. The governor shall appoint the members as soon as feasible after April 19, 1973. Their terms shall be as follows:
(a) Two members shall hold office for 1 year;
(b) Two members shall hold office for 2 years;
(c) One member shall hold office for 3 years; and
(d) Thereafter, all terms shall be for 3 years.
3. The governor shall appoint persons to fill vacancies for the remainder of an unexpired term.
4. Each member of the board shall, before entering upon the duties of his office, take the oath of office prescribed by the constitution before someone qualified to administer oaths.
Sec. 4. NRS 634A.070 is hereby amended to read as follows:
634A.070 The board may:
1. Employ attorneys, investigators and other professional consultants and clerical personnel necessary to discharge its duties. For the purpose of conducting its examinations, the board may call to its aid persons of established reputation and known ability in [Chinese] traditional Oriental medicine;
2. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter;
3. Promulgate rules and regulations, or either of them, not inconsistent with the provisions of this chapter. [;] Such rules and regulations may include a code of ethics regulating the professional conduct of licensees; and
4. Compel the attendance of witnesses and the production of evidence by subpena and the board may administer oaths.
κ1975 Statutes of Nevada, Page 233 (CHAPTER 199, AB 133)κ
Sec. 5. NRS 634A.090 is hereby amended to read as follows:
634A.090 1. A school or college of [Chinese] traditional Oriental medicine may be established and maintained in this state only if:
(a) Its establishment is approved by the board.
(b) Its curriculum is approved annually by the board for content and quality of instruction in accordance with the requirements of this chapter.
2. The board may prescribe the courses of study required for the respective degrees of doctor of acupuncture, doctor of herbal medicine and doctor of traditional [Chinese] Oriental medicine.
Sec. 6. NRS 634A.100 is hereby amended to read as follows:
634A.100 1. The [Chinese] Oriental medicine advisory committee, consisting of [5] five members appointed by the governor, is hereby created.
2. The governor shall appoint the members of the advisory committee as soon as feasible after April 19, 1973. Their terms shall be as follows:
(a) Two members shall hold office for 1 year;
(b) Two members shall hold office for 2 years;
(c) Two members shall hold office for 3 years; and
(d) Thereafter, all terms shall be for 3 years.
3. Members of the advisory committee shall be selected with special reference to their ability and fitness to advise with respect to the duties assigned by this chapter to the board.
4. The advisory committee shall advise the board regarding licensing, curriculum of a school or college of [Chinese] traditional Oriental medicine established pursuant to NRS 634A.090, or any other duties of the board created by this chapter.
5. The advisory committee may receive, if authorized by the board, the same salary, subsistence, and travel expense provided by NRS 634A.050.
Sec. 7. NRS 634A.110 is hereby amended to read as follows:
634A.110 An applicant for examination for a license to practice traditional [Chinese] Oriental medicine or any branch thereof, shall:
1. Submit an application to the board on forms provided by the board;
2. Submit satisfactory evidence that he is 21 years or older and meets the appropriate educational requirements; [and]
3. Pay a fee of $100 [.] ; and
4. Pay any fees required by the board for an investigation of the applicant or for the services of a translator, if such translator is required to enable the applicant to take the examination.
Sec. 8. NRS 634A.120 is hereby amended to read as follows:
634A.120 1. Examinations shall be given at least twice a year at a time and place fixed by the board.
2. Applicants for licenses to practice acupuncture, herbal medicine and traditional [Chinese] Oriental medicine and to practice as an acupuncture assistant shall be examined in the respectively appropriate subjects as determined by the board.
Sec. 9. NRS 634A.130 is hereby amended to read as follows:
634A.130 The board may waive examination and grant a certificate of doctor of traditional [Chinese] Oriental medicine to any applicant who:
κ1975 Statutes of Nevada, Page 234 (CHAPTER 199, AB 133)κ
of doctor of traditional [Chinese] Oriental medicine to any applicant who:
1. Has applied in writing to the board not later than 120 days after April 19, 1973;
2. Obtained a certificate from the Republic of China, the Peoples Republic of China, Korea or Japan acknowledging that the applicant was qualified to practice [Chinese] traditional Oriental medicine;
3. Has practiced traditional [Chinese] Oriental medicine for at least 20 years immediately prior to April 19, 1973; and
4. Submits with his application a filing fee of $100.
Sec. 10. NRS 634A.140 is hereby amended to read as follows:
634A.140 The board shall issue a license for the practice of traditional [Chinese] Oriental medicine or a license for the practice of acupuncture where the applicant:
1. Has a license or certificate from the government of the Republic of China, Peoples Republic of China, Korea or Japan which acknowledges that the applicant has the qualifications to practice [Chinese] traditional Oriental medicine or acupuncture, or has successfully completed a course of study of 48 months in [Chinese] traditional Oriental medicine or 36 months in acupuncture at a college in Hong Kong;
2. Has practiced traditional [Chinese] Oriental medicine or acupuncture for 10 years; and
3. Passes the examination of the board.
Sec. 11. NRS 634A.160 is hereby amended to read as follows:
634A.160 1. Every person holding a license authorizing him to practice traditional [Chinese] Oriental medicine, acupuncture, herbal medicine or to serve as an acupuncture assistant in this state shall record his license in the office of the county [clerk] recorder of the county of his office and residence. Every licensee upon a change of residence or office shall have his certificate recorded in like manner in the county to which he has changed.
2. Every license shall be displayed in the office, place of business or place of employment of the holder thereof.
3. Every person holding a license [who is a resident of the state shall pay an annual registration fee of $20 to the secretary-treasurer of] shall pay to the board on or before February 1 [.] of each year, the annual registration fee required pursuant to subsection 5. If the holder of a license fails to pay the registration fee his license shall be suspended. The license may be reinstated by payment of the required fee within 90 days after February 1.
4. A license which is suspended for more than 3 months under the provisions of subsection 3 may be canceled by the board after 30 days notice to the holder of the license.
5. [Every person holding a license who is not a resident of the state shall pay an annual registration fee of $5 to the secretary-treasurer of the board on or before February 1.] The annual registration fees shall be prescribed by the board and shall not exceed the following amounts:
(a) Doctor of traditional Oriental medicine..................................... $500
(b) Doctor of acupuncture.................................................................... 500
(c) Doctor of herbal medicine.............................................................. 300
(d) Licensed acupuncture assistant.................................................... 250
κ1975 Statutes of Nevada, Page 235 (CHAPTER 199, AB 133)κ
Sec. 12. NRS 634A.170 is hereby amended to read as follows:
634A.170 The board may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
1. Conviction of a felony, conviction of any offense involving moral turpitude or conviction of a violation of any state or federal law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS, as shown by a certified copy of record of the court;
2. The obtaining of or any attempt to obtain a license or practice in the profession for money or any other thing of value, by fraudulent misrepresentations;
3. Gross malpractice;
4. Advertising by means of knowingly false or deceptive statement;
5. Advertising, practicing or attempting to practice under a name other than ones own;
6. Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in chapter 453 of NRS;
7. Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter;
8. Sustaining a physical or mental disability which renders further practice dangerous;
9. Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice under this chapter;
10. Using any false or fraudulent statement in connection with the practice of traditional [Chinese] Oriental medicine or any branch thereof;
11. Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter;
12. Being adjudicated incompetent or insane;
13. Advertising in an unethical or unprofessional manner;
14. Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment;
15. Willful disclosure of a privileged communication;
16. Failure of a licensee to designate his school of practice in the professional use of his name by the term traditional [Chinese] Oriental doctor, doctor of acupuncture, doctor of herbal medicine or acupuncture assistant, as the case may be;
17. Willful violation of the law relating to the health, safety or welfare of the public or of the rules and regulations promulgated by the state board of health;
18. Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, except for the prevention, alleviation or cure of disease or for relief from suffering; and
19. Performing, assisting or advising in the injection of any liquid silicone substance into the human body.
Sec. 13. NRS 634A.200 is hereby amended to read as follows:
634A.200 1. This chapter does not apply to [Chinese] Oriental physicians who are called into this state for consultation.
κ1975 Statutes of Nevada, Page 236 (CHAPTER 199, AB 133)κ
2. This chapter does not prohibit:
(a) Gratuitous services of druggists or other persons in cases of emergency;
(b) The domestic administration of family remedies;
(c) Any person from assisting any person in the practice of the healing arts licensed under this chapter, except that such person may not insert needles into the skin or prescribe herbal medicine.
Sec. 14. NRS 634A.210 is hereby amended to read as follows:
634A.210 [Traditional Chinese doctors] Doctors of traditional Oriental medicine and doctors of acupuncture shall observe and be subject to all state and municipal regulations relative to reporting all births and deaths in all matters pertaining to the public health.
Sec. 15. NRS 634A.230 is hereby amended to read as follows:
634A.230 A person who represents himself as a practitioner of traditional [Chinese] Oriental medicine, or any branch thereof, and who engages in the practice of traditional [Chinese] Oriental medicine, or any branch thereof, in this state without holding a valid license issued by the board is guilty of a gross misdemeanor.
Sec. 16. NRS 634A.240 is hereby amended to read as follows:
634A.240 1. The board may maintain in any court of competent jurisdiction a suit for an injunction against any person or persons practicing [Chinese] traditional Oriental medicine or any branch thereof without a license.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person, this provision being understood to be a preventative as well as a punitive measure.
(b) Shall not relieve such person from criminal prosecution for practicing without a license.
Sec. 17. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is added or further amended by another act, if reference is made to traditional Oriental medicine by its former name as traditional Chinese medicine, substitute the new name.
________
Assembly Bill No. 348Committee on Ways and Means
CHAPTER 200
AN ACT relating to the University of Nevada, Las Vegas; authorizing the board of regents to agree to lease or lease to the Federal Government facilities to be acquired at the university; authorizing the issuance and sale of securities in accordance with the act and with the University Securities Law to pay for such acquisition; providing for the payment of the securities, operation and maintenance expenses and ground rent; and providing other matters properly relating thereto.
[Approved April 11, 1975]
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 and 3 of this act.
κ1975 Statutes of Nevada, Page 237 (CHAPTER 200, AB 348)κ
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 and 3 of this act.
Sec. 2. Net pledged revenues means all the net revenues to be derived under the terms of the agreement or lease executed pursuant to section 4 of this act, or from other available sources, and to which the pledge and lien provided for payment of the securities authorized in this act are extended.
Sec. 3. 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 the campus of the University of Nevada, Las Vegas, as delineated and described in section 5 of this act, equipment and furnishings therefor, and other appurtenances relating thereto.
Sec. 4. Notwithstanding the provisions of NRS 396.430, and without the consent of the governor, the board of regents of the University of Nevada is authorized to execute an agreement to make a lease or execute a lease with the Federal Government by the terms of which the board of regents shall agree to acquire facilities on the campus of the University of Nevada, Las Vegas, pursuant to section 5 of this act, and lease them to the Federal Government for a fixed term and for an annual rent sufficient in amount to pay the obligations of the university incurred pursuant to section 5 of this act and to pay operation and maintenance expenses of the facilities and ground rent during the term of the lease.
Sec. 5. 1. If the agreement to make the lease or the lease referred to in section 4 of this act is executed by the board of regents and the Federal Government, then the board of regents, on the behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To construct and otherwise acquire facilities on the University of Nevada, Las Vegas, campus for the purpose provided in section 4 of this act;
(b) To issue bonds and other securities of the university, in a total principal amount of not exceeding $10,000,000, in one series or more at any time or from time to time, as the board may determine, payable from the net pledged revenues, secured by a pledge thereof and a lien thereon, for the purpose of defraying wholly or in part the cost of the project, subject to the limitations in paragraph (a) of this subsection;
(c) To employ legal, fiscal and other expert services and to defray the cost thereof with any moneys available therefor, including, without limitation, proceeds of securities authorized by this act; and
(d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as therein otherwise expressly provided.
2. Nothing in this act shall be construed as preventing the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 6. 1. All phases of the planning, design, construction and equipment of the project as defined in section 3 of this act and herein referred to shall be subject to supervision by the state public works board in accordance with the provisions of chapter 341 of NRS.
κ1975 Statutes of Nevada, Page 238 (CHAPTER 200, AB 348)κ
to 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 facilities resulting from the project and, if necessary, to assist in the preparation of contract documents necessary to the acquisition of such facilities.
3. All work authorized by this act shall be approved by the state public works board, and each contract document pertaining to the project shall be approved by the attorney general.
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 the project. Approved plans and specifications for the project shall be on file at places and times stated in such advertisements for the inspection of all persons desiring to bid thereon and for other interested persons. The state 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 the project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon, but any and all bids may be rejected for any good reason.
Sec. 7. 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. 8. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 9. 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.
________
Senate Bill No. 257Committee on Transportation
CHAPTER 201
AN ACT relating to vehicle licensing and registration; providing for a free short-term permit to move certain unregistered vehicles for licensing and registration purposes.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1975 Statutes of Nevada, Page 239 (CHAPTER 201, SB 257)κ
1. A Nevada resident who has purchased from a person who is not a dealer a vehicle which is:
(a) A used, unregistered passenger car or truck weighing 6,000 pounds or less; and
(b) Not subject to the provisions of NRS 482.390, 482.395 and 706.801 to 706.861, inclusive,
may apply to the department for a permit to move the vehicle within Nevada for the purpose of registering and licensing it in this state.
2. The department may issue the permit free of charge and only after presentation of a certificate of ownership or other document of title for the vehicle, properly endorsed, or a statement as provided in paragraph (b) of subsection 2 of NRS 482.426.
3. Each permit shall:
(a) Bear the date of issuance in numerals of sufficient size to be plainly readable from a reasonable distance during daylight;
(b) Expire at 5 p.m. on the day of issuance;
(c) Be affixed to the vehicle in the manner prescribed by the department; and
(d) Be removed and destroyed upon its expiration or the issuance of a new permit or a certificate of registration, for the vehicle, whichever occurs first.
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Senate Bill No. 118Committee on Transportation
CHAPTER 202
AN ACT relating to licensing of vehicle salesmen; providing for issuance of temporary licenses; and making the license fees nonrefundable.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.362 is hereby amended to read as follows:
482.362 1. No person shall engage in the activity of a vehicle, trailer or semitrailer salesman in the State of Nevada without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.
(b) Proof of the employment of such applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer or rebuilder at the time such application is filed.
(c) A statement as to whether any previous application of the applicant has been denied or license revoked.
(d) Payment of a nonrefundable license fee of $5 per year. Such licenses shall expire on December 31 of each calendar year.
(e) Such other information as the department may deem necessary.
2. The department may issue a 60-day temporary license to an applicant who has submitted an application and paid the required fee.
κ1975 Statutes of Nevada, Page 240 (CHAPTER 202, SB 118)κ
3. A salesmans license may be denied or revoked upon the following grounds:
(a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer or rebuilder.
(b) Conviction of a felony.
(c) Conviction of a misdemeanor for violation of any of the provisions of this chapter.
(d) Falsification of the application.
(e) Any reason determined by the director to be in the best interests of the public.
[3.] 4. A vehicle salesman may not engage in sales activity other than for the account of or for and in behalf of a single employer, who shall be a licensed dealer or rebuilder.
[4.] 5. A salesmans license issued hereunder may be transferred to another dealer or rebuilder upon application and the payment of a transfer fee of $2. However, when a salesman holding a current salesmans license leaves the employment of one dealer or rebuilder for that of another, the new employer may immediately employ the salesman pending the transfer of the salesmans license to his dealership or rebuilding business but the transfer must be completed within 10 days.
[5.] 6. A salesmans license must be posted in a conspicuous place on the premises of the dealer or rebuilder for whom he is licensed to sell vehicles.
[6.] 7. In the event that a salesman ceases to be employed by a licensed and bonded dealer or rebuilder, his license to act as a salesman shall be automatically suspended and his right to act as a salesman shall thereupon immediately cease, and he shall not engage in the activity of a salesman until reemployed by a licensed and bonded dealer or rebuilder. Every licensed salesman shall report in writing to the department every change in his residence address, place of employment, or termination of employment within 5 days of the date of making such change.
[7.] 8. Any person who fails to comply with the provisions of this section shall be guilty of a misdemeanor.
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Assembly Bill No. 26Assemblymen Demers, Banner, Dreyer and Brookman
CHAPTER 203
AN ACT relating to Oriental medicine; requiring health insurance policies to include coverage for services by persons licensed in Nevada to practice traditional Oriental medicine or a branch thereof; and providing other matters properly relating thereto.
[Approved April 11, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 689A.380 is hereby amended to read as follows:
689A.380 As used in any policy of health insurance delivered, issued for delivery or used in this state, unless otherwise provided in the policy or in an endorsement thereon or in a rider attached thereto: