[Rev. 2/28/2019 12:02:58 PM]
κ1975 Statutes of Nevada, Page 241 (CHAPTER 203, AB 26)κ
1. Accidental death means death by accident exclusively and independently of all other causes.
2. Confinement to house or house confinement includes the activities of a convalescent not able to be gainfully employed.
3. Medical or surgical services includes also services within the scope of his license rendered by any individual while duly licensed by the State of Nevada under any of the following chapters of NRS: 631 (dentistry); 633 (osteopathy); 634 (chiropractic); 634A (Oriental medicine); 635 (podiatry); or 636 (optometry). No policy of health insurance shall exclude coverage for services of any licensee provided for in this subsection.
4. Total disability means inability to perform the duties of any gainful occupation for which the insured is reasonably fitted by training, experience and accomplishment.
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Senate Bill No. 255Committee on Government Affairs
CHAPTER 204
AN ACT relating to pay for state officers and employees; allowing an agency to experiment with innovative work weeks; and providing other matters properly relating thereto.
[Approved April 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.100 is hereby amended to read as follows:
281.100 1. Except as otherwise provided in this section [,] and NRS 284.180, the services and employment of all persons who are now, or may hereafter be, employed by the State of Nevada, or by any county, city, town, township or any other political subdivision thereof, are hereby limited and restricted to not more than 8 hours in any 1 calendar day and not more than [56] 40 hours in any 1 week.
2. The period of [8 hours] daily employment mentioned in this section shall commence from the time the employee takes charge of any equipment of the employer or acts as an assistant or helper to a person who is in charge of any equipment of the employer, or enters upon or into any conveyance of or operated by or for the employer at any camp or living quarters provided by the employer for the transportation of employees to the place of work.
3. Nothing in this section shall apply to:
(a) Officials of the State of Nevada or of any county, city, town, township or other political subdivision thereof.
(b) Employees of the State of Nevada or of any county, city, town, township or other political subdivision thereof who are engaged as employees of a fire department, or to nurses in training or working in hospitals, or to deputy sheriffs or jailers.
(c) Employees of the legislative counsel bureau.
(d) Work done directly by any public utility company pursuant to an order of the public service commission or other public authority.
κ1975 Statutes of Nevada, Page 242 (CHAPTER 204, SB 255)κ
4. Any employee whose hours are limited by subsection 1 may be permitted, or in case of emergency where life or property is in imminent danger may be required, at the discretion of the officer responsible for his employment, to work more than the number of hours limited. If so permitted or required, he shall receive, at the discretion of the responsible officer:
(a) Compensatory vacation time; or
(b) Overtime pay.
5. Any officer or agent of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, whose duty it shall be to employ, direct or control the services of an employee covered by this section, who violates any of the provisions of this section as to the hours of employment of labor as herein provided, shall be guilty of a misdemeanor.
Sec. 2. NRS 284.180 is hereby amended to read as follows:
284.180 1. The legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan shall set the official rates applicable to all positions in the classified service, but the establishment of the pay plan shall in no way limit the authority of the legislature relative to budgeted appropriations for salary and wage expenditures.
2. Credit for overtime work directed or approved by an agency head or his representative shall be earned at the rate of time and one-half, except for those employees determined by the division to be executive, administrative, professional or supervisory. Executive, administrative, professional and supervisory employees shall earn credit for overtime at their regular straight time rate. Overtime shall be considered time worked in excess of an 8-hour day or a 40-hour week [.] , except for:
(a) Those employees who choose and are approved for a variable work day, in which case overtime will be considered only after working 40 hours in one week; and
(b) Those employees who choose and are approved for a variable 80-hour work schedule within a bi-weekly pay period, in which case overtime will be considered only after working 80 hours bi-weekly.
3. An agency may experiment with innovative work weeks upon the approval of the head of the agency and after majority consent of the affected employees.
4. This chapter shall not be construed to supersede or conflict with existing or future contracts of employment dealing with wages, hours and working conditions.
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κ1975 Statutes of Nevada, Page 243κ
Assembly Bill No. 283Assemblyman May
CHAPTER 205
AN ACT relating to property tax exemptions; requiring the Nevada tax commission to report the tax dollar loss from the exemption granted to properties used for the control of air or water pollution; and providing other matters properly relating thereto.
[Approved April 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.077 is hereby amended to read as follows:
361.077 1. All property, both real and personal, owned by any individual, group of individuals, partnership, firm, company, corporation, association, trust, estate or other legal entity is exempt from taxation to the extent that such property is used as a facility, device or method for the control of air or water pollution.
2. As used in this section, facility, device or method for the control of air or water pollution means any land, structure, building, installation, excavation, machinery, equipment or device or any addition to, reconstruction, replacement, or improvement of land or an existing structure, building, installation, excavation, machinery, equipment or device used, constructed, acquired or installed after January 1, 1965, if the primary purpose of such use, construction, acquisition or installation is compliance with law or standards required by any environmental protection agency, authorized by and acting under the authority of the United States or the State of Nevada or any of its political subdivisions, for the prevention, control or reduction of air or water pollution.
3. As used in this section, facility, device or method for the control of air or water pollution does not include:
(a) Air conditioners, septic tanks or other facilities for human waste, nor any property installed, constructed or used for the moving of sewage to the collection facilities of a public or quasi-public sewage system.
(b) Any facility or device having a value of less than $1,000 at the time of its construction, installation or first use.
(c) Any facility or device which produces a net profit to the owner or operator thereof from the recovery and sale or use of a tangible product or byproduct, nor does it include a facility or device which, when installed and operating, results in a net reduction of operating costs.
4. The Nevada tax commission shall prepare and publish a report each fiscal year showing:
(a) The assessed value of properties within each county which are exempt from taxation under this section;
(b) The loss in tax revenues to the state general fund and to each local taxing entity from the exemption; and
(c) Such other information as the tax commission may deem relevant to indicate the impact of the tax dollar loss on the state and on local taxing entities.
Each county assessor shall provide the tax commission with the data it needs to complete the report required by this section.
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κ1975 Statutes of Nevada, Page 244κ
Senate Bill No. 318Committee on Judiciary
CHAPTER 206
AN ACT relating to reciprocal enforcement of support; providing for its appropriate application in certain foreign jurisdictions; and providing other matters properly relating thereto.
[Approved April 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 130.150 is hereby amended to read as follows:
130.150 1. If the initiating court finds that the complaint sets forth facts from which it may be determined that the obligor owes a duty of support and that a court of the responding state may obtain jurisdiction of the obligor or his property, it shall so certify and shall cause three copies of the complaint and its certificate and one copy of this chapter to be sent to the responding court. Certification shall be in accordance with the requirements of the initiating state. If the name and address of the responding court are unknown and the responding state has an information agency comparable to that established in the initiating state, it shall cause such copies to be transmitted to the state information agency or other proper official of the responding state, with a request that the agency or official forward them to the proper court, and that the court of the responding state acknowledge their receipt to the initiating court.
2. If the responding state is a province or territory of the Dominion of Canada, the judge of the initiating court shall set forth in his certificate the weekly or monthly amount of United States currency which, in his opinion, the obligor should be required to pay for the support of the obligee. The amount of currency so recommended is only provisional and may be confirmed or modified by the court of the responding state.
Sec. 2. NRS 130.315 is hereby amended to read as follows:
130.315 1. When the attorney general is satisfied that reciprocal provisions will be made by any foreign jurisdiction for the enforcement therein of support orders made within this state, the attorney general may declare the foreign jurisdiction to be an initiating state for the purpose of this chapter. Any such declaration may be revoked by the attorney general and may be reviewed by the court in an action brought pursuant to this chapter.
2. As used in this section, foreign jurisdiction means a foreign sovereign nation [.] or a political subdivision thereof.
Sec. 3. This act shall become effective upon passage and approval.
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κ1975 Statutes of Nevada, Page 245κ
Senate Bill No. 206Committee on Environment and Public Resources
CHAPTER 207
AN ACT making an appropriation to the division of water resources of the state department of conservation and natural resources for certain legal fees and court costs involving water rights and supply on the Truckee River stream system and for water resources consultation.
[Approved April 14, 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 $500,000 to the division of water resources of the state department of conservation and natural resources for the purpose of paying legal fees, court costs and other costs of litigation involving water rights and water supply on the Truckee River stream system, and for the purpose of paying costs of consulting experts in the administration of water resources statewide.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 411Assemblyman May
CHAPTER 208
AN ACT relating to taxation; amending the Local School Support Tax Law to conform to the 1974 amendment of the Sales and Use Tax Act; and providing other matters properly relating thereto.
[Approved April 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 374.510 is hereby amended to read as follows:
374.510 Any person who fails to pay any tax to the county or any amount of tax required to be collected and paid to the county, except amounts of determinations made by the tax commission under NRS 374.405 to 374.460, inclusive, within the time required shall pay a penalty of not more than 10 percent of the tax or amount of the tax, as determined by the tax commission, in addition to the tax or amount of tax, plus interest at the rate of one-half of 1 percent per month, or fraction thereof, from the date on which the tax or the amount of tax required to be collected became due and payable to the county until the date of payment.
Sec. 2. Section 1 of this act applies to every return of local school support tax and city-county relief tax for the fourth quarter of the calendar year 1974 and thereafter. The legislature expressly declares its intent not to require application of the formerly mandatory rate of 10 percent to any penalty collected on such returns, but to extend to all such penalties the discretion conferred upon the Nevada tax commission with respect to sales and use tax penalties by the amendment of section 97 of chapter 397, Statutes of Nevada 1955.
κ1975 Statutes of Nevada, Page 246 (CHAPTER 208, AB 411)κ
sales and use tax penalties by the amendment of section 97 of chapter 397, Statutes of Nevada 1955.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 251Committee on Judiciary
CHAPTER 209
AN ACT relating to divorce; providing allowances during pendency of action for maintenance of spouse, support of children of spouses or for costs of suit; and providing other matters properly relating thereto.
[Approved April 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 125.040 is hereby amended to read as follows:
125.040 1. In any suit for divorce [now pending, or which may hereafter be commenced, the court, or judge, may, in its discretion, upon application, of which due notice shall have been given to the attorney for the husband if he has an attorney, or to the husband if he has no attorney, at any time after the filing of the complaint, require the husband to pay such sums as may be necessary to enable the wife to carry on or defend such suit, and for her support and for the support of the children of the parties during the pendency of such suit. A court or judge may direct the application of specific property of the husband to such object, and may also direct the payment to the wife for such purpose of any sum or sums that may be due and owing the husband from any quarter, and may enforce all orders made in this behalf as provided in NRS 125.060.] the court may, in its discretion, upon application by either party and notice to the other party, require either party to pay moneys necessary to assist the other party in accomplishing one or more of the following:
(a) To provide temporary maintenance for the other party;
(b) To provide temporary support for children of the parties; or
(c) To enable the other party to carry on or defend such suit.
2. The court may make any order affecting property of the parties, or either of them, which it may deem necessary or desirable to accomplish the purposes of this section. Such orders shall be made by the court only after taking into consideration the financial situation of each of the parties.
3. The court may make orders pursuant to this section concurrently with orders pursuant to NRS 125.060.
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κ1975 Statutes of Nevada, Page 247κ
Senate Bill No. 252Committee on Judiciary
CHAPTER 210
AN ACT relating to divorce; limiting the power of the court to change the name of the wife.
[Approved April 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 125.130 is hereby amended to read as follows:
125.130 1. The judgment or decree of divorce granted under the provisions of this chapter shall be a final decree.
2. Whenever a decree of divorce from the bonds of matrimony is granted in this state by a court of competent authority, the decree shall fully and completely dissolve the marriage contract as to both parties.
3. In all suits for divorce, if a divorce be granted, the court may, for just and reasonable cause [, change the name of the wife by appropriate order embodied in its decree.] and by an appropriate order embodied in its decree, change the name of the wife to any former name which she has legally borne.
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Assembly Bill No. 228Assemblymen Bennett, Chaney, Barengo, Bremner, Vergiels, Robinson, Murphy, Hickey, Price, Sena, Brookman, Harmon, Heaney, Schofield, Mann, May, Jeffrey, Coulter, Dreyer, Dini, Polish, Ford, Demers, Banner and Christensen
CHAPTER 211
AN ACT making an appropriation to the office of economic opportunity for a career opportunities program and requiring periodic reports of its progress.
[Approved April 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the general fund in the state treasury to the office of economic opportunity the sum of $268,100 for the purpose of conducting a new program to provide career opportunities, formal education and counseling for young Nevadans between the ages of 17 and 26 in an effort to increase the professional capabilities of such persons and to reduce their potential social dependence.
2. Beginning on October 1, 1975, the office of economic opportunity shall submit a monthly report covering the activities of the career opportunities program to the members of the interim finance committee, in such format and containing such information as the committee shall determine. In addition, the director of the office of economic opportunity or his designee shall appear before the committee, when requested, to report upon the program.
κ1975 Statutes of Nevada, Page 248 (CHAPTER 211, AB 228)κ
Sec. 2. 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. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 343Committee on Government Affairs
CHAPTER 212
AN ACT relating to the State Purchasing Act; allowing local governments, conservation districts and irrigation districts to utilize the purchasing division facilities of the department of general services; and providing other matters properly relating thereto.
[Approved April 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 333.020 is hereby amended to read as follows:
333.020 The following words shall have the following meaning within the purview of this chapter, and shall be so construed:
1. Chief means the chief of the purchasing division.
2. Director means the director of the department of general services.
3. Purchasing division means the purchasing division of the department of general services.
4. Using agencies means any and all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public funds in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or funds derived from private or other sources, excepting [counties, municipalities, irrigation districts and school districts.] local governments as defined in NRS 354.474, conservation districts and irrigation districts. The University of Nevada System and the desert research institute of the University of Nevada System are not using agencies except as provided in NRS 333.461.
5. Volunteer fire department means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.
Sec. 2. NRS 333.310 is hereby amended to read as follows:
333.310 1. The advertisements shall contain general descriptions of the classes of commodities for which bids are wanted and shall state:
(a) The names and locations of the departments, agencies, local governments, districts or institutions for which the purchases are to be made.
(b) Where and how specifications and quotation forms may be obtained.
(c) The date and time not later than which bids must be filed.
(d) The date and time when bids will be opened.
κ1975 Statutes of Nevada, Page 249 (CHAPTER 212, AB 343)κ
The chief or his designated agent shall pass upon the copy for the advertisement.
2. Each such advertisement shall be published in one or more newspapers of general circulation in the state. The selection of the newspapers to carry such advertising shall be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation; except that whenever such advertising relates to any supplies, materials or equipment to be obtained at the request of any [county, municipality, irrigation district, school district,] local government as defined in NRS 354.474, conservation district, irrigation district, the University of Nevada System or the desert research institute of the University of Nevada System, such advertising shall be published in the manner provided in NRS 333.470.
Sec. 3. NRS 333.470 is hereby amended to read as follows:
333.470 1. The University of Nevada System, the desert research institute of the University of Nevada System, and [counties, municipalities, irrigation districts and school districts] local governments as defined in NRS 354.474, conservation districts and irrigation districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the purchasing division.
2. The chief shall issue bulletins from time to time to all state [, county and municipal agencies, to all school districts in the State of Nevada,] and local government agencies, to all irrigation districts and conservation districts, to the University of Nevada System and to the desert research institute of the University of Nevada System, indicating the supplies, materials and equipment available and the prices thereof.
3. The specifications for all bids for supplies, materials or equipment to be furnished [any political subdivision] pursuant to the provisions of subsection 1 shall be so written that all suppliers of the market in the industry or business concerned are given an opportunity to bid pursuant to notice as provided for in this chapter.
4. Prior to receiving any bid or awarding any contract or order pursuant to the provisions of this section, the purchasing division shall publish a call for bids in a newspaper of general circulation in the political subdivision or district proposing to obtain such supplies, materials or equipment not less than 15 days prior to the date fixed for submission of bids.
Sec. 4. NRS 333.480 is hereby amended to read as follows:
333.480 1. Except as provided in subsection 2, the chief is authorized and directed to purchase or acquire on behalf of the State of Nevada, and all officers, departments, institutions, boards, commissions, schools and other agencies in the executive department of the state government, volunteer fire departments [or political subdivisions] , local governments as defined in NRS 354.474, conservation districts or irrigation districts of the State of Nevada, all supplies, materials and equipment of any kind and nature required or deemed advisable for such state officers, departments, institutions, boards, commissions, schools, volunteer fire departments and other agencies or [political subdivisions] local governments as defined in NRS 354.474, conservation districts or irrigation districts that may be available from the General Services Administration or any other governmental agency dealing in war surplus material or donable war surplus material.
κ1975 Statutes of Nevada, Page 250 (CHAPTER 212, AB 343)κ
governmental agency dealing in war surplus material or donable war surplus material.
2. The provisions of subsection 1 [shall] do not apply to the school lunch program as administered by the state board of education.
Sec. 5. NRS 333.495 is hereby amended to read as follows:
333.495 1. Any provision of law to the contrary notwithstanding, the governing board or, if there be none, the executive head of any state department or agency or any [political subdivision of the state] local government as defined in NRS 354.474, conservation district or irrigation district may, by order or resolution, confer upon any officer or employee thereof authority to secure the transfer to it of federal donable surplus property under this chapter and agree on behalf of the state or [political subdivision] local government as defined in NRS 354.474, conservation district or irrigation district to comply with the terms and conditions of such transfers.
2. The authority conferred upon any such officer or employee by any such order or resolution shall remain in effect unless and until the order or resolution is revoked and written notice of such revocation has been received by the chief.
Sec. 6. This act shall become effective upon passage and approval.
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Assembly Bill No. 277Committee on Transportation
CHAPTER 213
AN ACT relating to drivers licenses; removing requirement for advance preparation of renewal licenses; providing for discretionary testing of certain applicants; and providing other matters properly relating thereto.
[Approved April 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.380 is hereby amended to read as follows:
483.380 1. Every drivers license issued after July 1, 1971, shall expire in the case of a person 70 years of age or older on the second anniversary and in the case of all other persons on the fourth anniversary of the licensees birthday, measured in the case of an original license, a renewal license and a [license renewing] renewal of an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year shall, for the purposes of NRS 483.010 to 483.630, inclusive, be considered to have the anniversary of his birth fall on February 28. Every license shall be renewable on or during a 90-day period before its expiration upon application and payment of the required fee, and, except as provided in subsection 6, each applicant for renewal shall appear before a drivers license examiner and successfully pass a test of his eyesight. Every drivers license issued on or prior to July 1, 1971, shall be valid until the expiration date indicated thereon.
κ1975 Statutes of Nevada, Page 251 (CHAPTER 213, AB 277)κ
2. [Thirty] No later than thirty days prior to the expiration of his license, the drivers license division of the department shall mail to each licensee who has not already renewed his license an expiration notice. [and prepare a renewal license.] The department may require an applicant for a renewal license successfully to pass such additional tests as the department may find reasonably necessary to determine his qualification according to the type or class of license applied for.
3. If the administrator or his duly authorized agent has reason to believe that the licensee is no longer qualified to receive a license because of his physical condition, the department may require that the applicant submit to an examination pursuant to the provisions of NRS 483.330.
4. All persons whose licenses have expired [must take] may be required by the department, whenever good cause appears, to take all or part of the regular examinations as set forth in NRS 483.330, and all persons whose licenses have expired for a period of 30 days or more shall pay to the department the penalty provided in NRS 483.410 in addition to the cost of renewing the license with the exception of the following persons who are exempt from the foregoing penalty:
(a) Persons who have not driven a motor vehicle subsequent to the expiration of their Nevada drivers license and who submit an affidavit stating such fact;
(b) Persons renewing an expired Nevada drivers license who have in their possession a valid drivers license from another jurisdiction; and
(c) Persons whose Nevada drivers license has expired during a period of suspension, if a renewal application is completed within 30 days from the date of eligibility for renewal.
5. The department may, by regulation, defer the expiration of the drivers license of a person who is on active duty in the Armed Forces upon such terms and conditions as it may prescribe. The department may similarly defer the expiration of the license of the spouse or dependent son or daughter of such person if the spouse or child is residing with such person.
6. The department may provide by regulation for the acceptance of a report from an ophthalmologist or optometrist in lieu of an eye test by a drivers license examiner in any case in which the applicant is unable to appear in person during the required time because of absence from the state or other good cause.
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κ1975 Statutes of Nevada, Page 252κ
Assembly Bill No. 344Committee on Government Affairs
CHAPTER 214
AN ACT to amend NRS 350.572, relating to types of securities which may be issued by local governments, by deleting a reference to emergency loans and inserting a reference to short-term financing; extending the permissible terms of temporary loans.
[Approved April 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 350.572 is hereby amended to read as follows:
350.572 The municipality may issue, in one series or more, without the municipal securities being authorized at any election in the absence of an expressed provision to the contrary in the act authorizing the project and the issuance of municipal securities therefor or in any act supplemental thereto, in anticipation of taxes or pledged revenues, or both, and constituting either general obligations or special obligations of the municipality, any one or more or all of the following types of municipal securities:
1. Notes, evidencing any amount borrowed by the municipality;
2. Warrants, evidencing the amount due to any person for any services or supplies, equipment or other materials furnished to or for the benefit of the municipality and appertaining to a project;
3. Bonds, evidencing any amount borrowed by the municipality and constituting long-term financing;
4. Temporary bonds, pending the preparation of and exchangeable for definitive bonds of like character and in like principal amount when prepared and issued in compliance with the conditions and limitations herein provided; and
5. Interim debentures, evidencing any [emergency loans,] short-term financing, construction loans, and other temporary loans of not exceeding [3] 5 years, in supplementation of long-term financing and the issuance of bonds, as provided in NRS 350.672 to 350.682, inclusive.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 365Committee on Labor and Management
CHAPTER 215
AN ACT relating to the Nevada industrial commission; allowing the commission to pay for costs of first aid and transportation for injured employee if the employer fails or refuses; authorizing the commission to charge the employer for reimbursement; and providing other matters properly relating thereto.
[Approved April 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.340 is hereby amended to read as follows:
616.340 1. It [shall be] is the duty of every employer within the provisions of this chapter, immediately upon the occurrence of an injury to any of his employees, to render to the injured employee all necessary first aid, including cost of transportation of the injured employee to the nearest place of proper treatment where the injury is such as to make it reasonably necessary for such transportation.
κ1975 Statutes of Nevada, Page 253 (CHAPTER 215, AB 365)κ
to any of his employees, to render to the injured employee all necessary first aid, including cost of transportation of the injured employee to the nearest place of proper treatment where the injury is such as to make it reasonably necessary for such transportation.
2. The employer shall forthwith notify the commission of the accident, giving:
(a) The name of the injured employee.
(b) The nature of the accident.
(c) Where and by whom the injured employee is being treated.
(d) The date of the accident.
3. The commission may pay the costs of rendering such necessary first aid and transportation of the injured employee to the nearest place of proper treatment if the employer fails or refuses to pay the costs. The commission may charge to and collect from the employer, as reimbursement, the amount of the costs incurred by the commission in providing such first aid and transportation services to the injured employee.
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Assembly Bill No. 367Committee on Labor and Management
CHAPTER 216
AN ACT relating to industrial insurance; removing time limitation on temporary total disability benefits.
[Approved April 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.585 is hereby amended to read as follows:
616.585 Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for temporary total disability:
1. During the period of temporary total disability, [but in no event for more than 100 months,] 66 2/3 percent of the average monthly wage.
2. Any increase in compensation and benefits effected by the amendment of subsection 1 shall not be retroactive.
3. For purposes of temporary total disability benefits under this section, the period of temporary total disability shall cease [prior to expiration of 100 months] when any competent medical authority determines such employee is capable of any gainful employment.
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κ1975 Statutes of Nevada, Page 254κ
Assembly Bill No. 369Committee on Labor and Management
CHAPTER 217
AN ACT relating to industrial insurance; providing that temporary compensation benefits are not paid when incapacity is for minimum duration; and providing other matters properly relating thereto.
[Approved April 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.570 is hereby amended to read as follows:
616.570 1. No temporary compensation benefits shall be paid under this chapter for an injury which does not incapacitate the employee for a period of at least 5 days from earning full wages, but if the incapacity extends for a period of 5 or more days, compensation shall then be computed from the date of the injury.
2. The period of time prescribed in this section shall not apply to accident benefits, whether the same be furnished pursuant to NRS 616.410 or pursuant to NRS 616.415, the injured employee being otherwise within the provisions of this chapter and entitled thereto.
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Assembly Bill No. 370Committee on Labor and Management
CHAPTER 218
AN ACT relating to occupational diseases; revising the time limits within which claims for compensation must be filed with the Nevada industrial commission.
[Approved April 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 617.330 is hereby amended to read as follows:
617.330 In all cases of occupational disease or death resulting from occupational disease, except as otherwise provided in this chapter, a claim for compensation shall be forever barred, unless, within [4 months after the disability due to the disease began, or within 6 months after death occurred,] 90 days after the employee has knowledge of the disability, or within 1 year after death occurred, a claim therefor [shall be] is filed with the commission.
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κ1975 Statutes of Nevada, Page 255κ
Assembly Bill No. 377Committee on Ways and Means
CHAPTER 219
AN ACT relating to state officers and employees; increasing the maximum allowances for subsistence and travel expenses.
[Approved April 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as otherwise provided by law, when any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to [$25] $28 for each 24-hour period during which he is away from such office and within the state, and up to $15 in addition to a reasonable room rate for each 24-hour period during which he is outside the state.
2. Such person may receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
3. Any person enumerated in subsection 1 may receive an allowance for transportation pursuant to public business, whether within or without the municipality or other area in which his principal office is located. Transportation shall be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The allowance for travel by private conveyance is [14] 17 cents per mile so traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is [8] 10 cents per mile so traveled.
4. The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or without the municipality or other area in which his principal office is located. Such allowance shall be established:
(a) At rates higher than the rates established in subsection 3.
(b) Except as provided in paragraph (c), at a rate of not more than 20 cents per mile so traveled.
(c) When the special use vehicle is used for reasons of personal convenience, at a rate of not more than 12 cents per mile so traveled.
5. The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than the amounts specified in subsection 1 where unusual circumstances make such rate desirable.
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κ1975 Statutes of Nevada, Page 256κ
Senate Bill No. 58Committee on Health, Welfare and State Institutions
CHAPTER 220
AN ACT relating to certain revolving funds of the rehabilitation division of the department of human resources; merging the rehabilitation of the blind revolving fund into the services to the blind revolving fund; removing requirement for bond on deposits insured by Federal Deposit Insurance Corporation; changing provisions for exemption from State Purchasing Act; requiring an inventory; repealing NRS 426.566 relating to the rehabilitation of the blind revolving fund; and providing other matters properly relating thereto.
[Approved April 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 426.565 is hereby amended to read as follows:
426.565 1. There is hereby created the services to the blind revolving fund, in the amount of $10,000, which shall be used by the chief for the [purpose of providing] purposes of:
(a) Providing inventories of tools, aids, appliances, supplies and other accessories used by the blind [.] ; and
(b) Payment of the claims of clients and vendors providing services to clients, including maintenance, transportation and other rehabilitation services.
The chief shall sell such tools, aids, appliances, supplies and other accessories used by the blind at cost or cost-plus administration cost and receipts shall be deposited forthwith in the services to the blind revolving fund.
2. The chief shall deposit the money in the services to the blind revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS. [, and the] The deposit shall be secured by a depository bond satisfactory to the state board of examiners [.] , unless otherwise secured by the Federal Deposit Insurance Corporation.
3. Purchases made for the purpose of providing and maintaining the inventories authorized by subsection 1 shall be exempt from the provisions of [chapter 333 of NRS.] the State Purchasing Act at the discretion of the chief of the purchasing division of the department of general services or his designated representative.
4. The bureau shall:
(a) Maintain current inventory records of all merchandise charged to the services to the blind revolving fund;
(b) Conduct a periodic physical count of all such merchandise; and
(c) Reconcile the results of the periodic physical count with the inventory records and cash balance in the fund.
5. After expenditure of money for payment of the claims of clients and vendors providing services to clients, including maintenance, transportation and other rehabilitation services, from the services to the blind revolving fund, the chief shall present a claim to the state board of examiners to be passed upon as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of such claim in favor of the services to the blind revolving fund and the state treasurer shall pay the same.
κ1975 Statutes of Nevada, Page 257 (CHAPTER 220, SB 58)κ
fund and the state treasurer shall pay the same. Such receipts shall be deposited forthwith in the services to the blind revolving fund.
Sec. 2. NRS 615.255 is hereby amended to read as follows:
615.255 1. There is hereby created [in the state treasury] the vocational rehabilitation revolving fund in the amount of $10,000 to be used for the payment of claims of clients and vendors providing services to clients under procedures established by the bureau.
2. Upon written request from the chief, the state controller is authorized and directed to draw his warrant from funds already appropriated in favor of the chief in the sum of $5,000, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury. When the warrant is paid, the chief shall deposit the $5,000 in a bank of reputable [standing, which] standing. The bank shall secure the deposit with a depository bond satisfactory to the state board of examiners [.] , unless it is otherwise secured by the Federal Deposit Insurance Corporation.
3. After expenditure of money from the revolving fund, the chief shall present a claim to the state board of examiners to be passed upon as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of such claim in favor of the vocational rehabilitation revolving fund, to be paid to the order of the chief, and the state treasurer shall pay the same.
4. Moneys in the vocational rehabilitation revolving fund shall not revert to the general fund at the end of the fiscal year, but shall continue in the revolving fund from year to year.
5. Purchases paid for from the vocational rehabilitation revolving fund for the purposes authorized by subsection 1 shall be exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of general services or his designated representative.
Sec. 3. NRS 426.566 is hereby repealed.
________
Senate Bill No. 74Committee on Finance
CHAPTER 221
AN ACT relating to public health; revising fund structure in the health division of the department of human resources; creating the state health division federal fund; authorizing a bank account for refunds of overpayments of vital statistics fees; eliminating requirement for a special silicosis fund; deleting requirement that the health facilities assistance fund be kept separate and apart; and providing other matters properly relating thereto.
[Approved April 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1975 Statutes of Nevada, Page 258 (CHAPTER 221, SB 74)κ
The department, through the health division, may accept and direct the disbursement of funds appropriated by any Act of Congress and apportioned or allocated to the State of Nevada for health purposes. Such federal funds shall be deposited in the state treasury to the credit of a fund to be known as the state health division federal fund.
Sec. 2. NRS 440.690 is hereby amended to read as follows:
440.690 1. The state registrar shall keep a true and correct account of all fees received under this chapter.
2. The proceeds accruing to the State of Nevada under the provisions of this chapter shall be forwarded to the state treasurer for deposit in the general fund in the manner provided by law.
3. Upon the approval of the state board of examiners and pursuant to its regulations, the health division may maintain a bank account for the purpose of refunding overpayments of vital statistics fees.
Sec. 3. NRS 443.145 is hereby amended to read as follows:
443.145 1. There is hereby created [in the state treasury the special silicosis fund. The special silicosis fund shall] a special silicosis program to be administered by the health division of the department of human resources. [, and moneys in such fund] The program shall be financed by direct legislative appropriation from the general fund in the state treasury, and moneys for such program shall be expended only for the purposes of NRS 443.145 to 443.165, inclusive, on claims approved by the health division and paid as other claims against the state are paid.
2. The state board of health may adopt reasonable regulations to carry out the provisions of NRS 443.145 to 443.165, inclusive.
Sec. 4. NRS 443.155 is hereby amended to read as follows:
443.155 1. Every person found by the state board of health to be suffering from silicosis shall be entitled to the benefits provided for in NRS 443.145 to 443.165, inclusive, if he:
(a) Is not eligible for compensation under the provisions of NRS 617.460.
(b) Applied, before January 1, 1961, for compensation under the provisions of former NRS 617.480, or under section 1 of chapter 433, Statutes of Nevada 1955, and qualified for such compensation or was denied such compensation for any reason.
(c) Is not infected with active tuberculosis.
(d) Files with the health division of the department of human resources, before January 1, 1964, an application for benefits accompanied by a written statement subscribed and sworn to or affirmed before a notary public or other person authorized to administer oaths declaring that he is unable to pay for his own care and maintenance.
(e) Submits to a physical examination by a physician approved by the state board of health to determine his condition.
2. In addition to those persons described in subsection 1, any other person, including an employee or his dependents, shall be entitled to the benefits provided in NRS 443.145 to 443.165, inclusive, upon receiving the maximum amount of $14,250 formerly provided under NRS 617.460 and any supplemental amounts as authorized by NRS 617.465 to 617.469, inclusive, to which they were entitled, if the disability from silicosis occurred prior to July 1, 1973.
κ1975 Statutes of Nevada, Page 259 (CHAPTER 221, SB 74)κ
3. Upon receiving a monthly statement showing the amount of benefits to be paid for such month to those persons described in subsection 2 of this section, the state treasurer shall pay an amount equal to that shown on such statement from sums appropriated for the purpose of such benefits to the department of human resources.
4. The health division of the department of human resources shall arrange for physical examinations of all applicants and [pay] the costs of such examinations [from the special silicosis fund.] shall be paid from the moneys appropriated for the special silicosis program.
Sec. 5. NRS 443.165 is hereby amended to read as follows:
443.165 1. Each person who is eligible for the benefits provided for in NRS 443.145 to 443.165, inclusive, shall be entitled to receive benefits [from the special silicosis fund] under the special silicosis program in an amount equal to the compensation paid to persons eligible for compensation under the provisions of NRS 617.460.
2. The Nevada industrial commission shall cooperate with the health division of the department of human resources for the purpose of determining the amount of benefits to which persons found eligible by the state board of health are entitled, and shall make available to the state board of health all records which may be of use to the board in determining eligibility.
Sec. 6. NRS 449.390 is hereby amended to read as follows:
449.390 1. The state department is hereby authorized to receive federal funds in behalf of, and transmit them to, applicants.
2. There is hereby established [separate and apart from all public moneys and funds of this state] a nonreverting trust fund designated as the health facilities assistance fund. Money received from the Federal Government for a construction project approved by the Federal agency shall be transmitted to the state treasurer to be deposited in the state treasury to the credit of the health facilities assistance fund, and shall be used solely for payments due applicants for work performed, purchases made or other approved expenditures in carrying out approved projects or plans, except that any moneys in such fund which become available under the Federal Act and regulations for expenditure in administering an approved state plan may be expended for that purpose.
3. The state department shall establish and maintain such accounts and fiscal controls of moneys deposited in and disbursed from the health facilities assistance fund as may be required by the Federal Act and regulations promulgated thereunder.
Sec. 7. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis shall be considered an occupational disease and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the commission within 1 year after temporary or total disability or within 6 months after death.
3. Nothing in this chapter shall entitle an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
κ1975 Statutes of Nevada, Page 260 (CHAPTER 221, SB 74)κ
seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation shall be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 3 years in employment in Nevada covered by the Nevada industrial commission.
5. Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS, and only in the event of such disability or death resulting within 2 years after the last injurious exposure; provided, that:
(a) In the event of death following continuous total disability commencing within 2 years after the last injurious exposure, the requirement of death within 2 years after the last injurious exposure shall not apply.
(b) Compensation shall be payable in sums and for purposes provided by chapter 616 of NRS. Except as provided in NRS 616.615, the commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment. Payment of benefits and compensation shall be limited to the claimant and his dependents.
6. Any claimant who has been disabled by silicosis prior to July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, and such supplemental amounts as authorized in NRS 617.465 to 617.469, inclusive, to which they are entitled shall be terminated from all compensation payments by the commission, but shall continue to receive the same amount of compensation [from the special silicosis fund in the state treasury] under the special silicosis program pursuant to NRS 443.145 to 443.165, inclusive. The commission will advise the department of human resources of the dates on which compensation will terminate for all claimants, who are permanently disabled by silicosis, or their dependents. The commission will make available to the department of human resources claims records necessary to establish and support the claimants permanent disability as a result of silicosis.
Sec. 8. On July 1, 1975, the state controller shall transfer to the state health division federal fund all moneys currently held in the water plant operators training fund, the immunization program fund, the health aid to counties fund, the gonorrhea screening project fund and the developmental disabled children fund.
________
κ1975 Statutes of Nevada, Page 261κ
Senate Bill No. 93Committee on Health, Welfare and State Institutions
CHAPTER 222
AN ACT creating a grant and gift fund for alcohol and drug abuse; abolishing the alcohol abuse receipts fund and the drug abuse receipts fund; and providing other matters properly relating thereto.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 458.100 is hereby amended to read as follows:
458.100 1. The bureau may accept [any gifts or bequests of personal property, tangible or intangible.] gifts, bequests, devises, grants or trusts of funds or property made available to the bureau or to this state for the purpose of dealing with the problems of alcohol and drug abuse. Any funds received shall be deposited in the state treasury in a fund to be known as the state grant and gift fund for alcohol and drug abuse.
2. The state grant and gift fund for alcohol and drug abuse shall be a continuing fund without reversion, and money in the fund shall be used for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the bureau.
Sec. 2. NRS 458.103 is hereby amended to read as follows:
458.103 The bureau may accept:
1. Funds appropriated and made available by any Act of Congress for any program administered by the bureau as provided by law.
2. Funds [and contributions] appropriated and made available by the State of Nevada or by a county, a city, a public district or any political subdivision of this state for any program administered by the bureau as provided by law.
[3. Funds, contributions, gifts, grants and devises made available by a public or private corporation, by a group of individuals, or by individuals, for any program administered by the bureau as provided by law.]
Sec. 3. NRS 458.105 is hereby amended to read as follows:
458.105 The chief may fix and collect reasonable fees for the sale of miscellaneous printed materials pertaining to alcohol and drug abuse which are purchased or prepared by the bureau. Such fees shall be deposited in the state treasury to the credit of the general fund.
Sec. 4. NRS 458.113 and 458.114 are hereby repealed.
________
κ1975 Statutes of Nevada, Page 262κ
Senate Bill No. 94Committee on Health, Welfare and State Institutions
CHAPTER 223
AN ACT relating to Nevada childrens homes; authorizing the use of budgeted resources to provide compensation to children for small tasks; establishing gift funds for the northern Nevada childrens home and the southern Nevada childrens home; abolishing the northern Nevada childrens home fund and the southern Nevada childrens home fund; and providing other matters properly relating thereto.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 423 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Subject to the approval and regulations of the state board of examiners, the northern Nevada childrens home and the southern Nevada childrens home may obtain from budgeted resources an amount determined by the state board of examiners which shall be used, under procedures established by the respective superintendents and approved by the administrator, for the purpose of providing compensation to children for small tasks in the childrens home. Replenishment claims shall be paid from the budgeted resources of the respective homes and shall be processed in the same manner as other claims against the state.
Sec. 2. NRS 423.080 is hereby amended to read as follows:
423.080 [1. The fund heretofore known as the state orphans home fund shall hereafter be known as the northern Nevada childrens home fund.
2.] All accounts and demands against the northern Nevada childrens home or the southern Nevada childrens home shall be examined and approved by the [superintendent] respective superintendents and submitted by [him] them to the state board of examiners. When allowed by the state board of examiners, the state controller shall draw his warrant in payment of such accounts and demands on the [northern Nevada childrens home fund for that amount.] their respective general fund accounts.
Sec. 3. NRS 423.130 is hereby amended to read as follows:
423.130 1. The superintendent of the northern Nevada childrens home shall receive any gifts made to the northern Nevada childrens home in the name of the northern Nevada childrens home and shall be accountable to and report such gifts to the administrator. The gifts shall be deposited in the state treasury to the credit of the northern Nevada childrens home gift fund, which is hereby created, or any other gift fund which the superintendent, with the approval of the administrator, may establish. Any such gift funds shall be continuing funds without reversion.
2. The superintendent of the southern Nevada childrens home shall receive any gifts made to the southern Nevada childrens home in the name of the southern Nevada childrens home and shall be accountable to and report such gifts to the administrator. The gifts shall be deposited in the state treasury to the credit of the southern Nevada childrens home gift fund, which is hereby created, or any other gift fund which the superintendent, with the approval of the administrator, may establish. All such gift funds shall be continuing funds without reversion.
κ1975 Statutes of Nevada, Page 263 (CHAPTER 223, SB 94)κ
3. Gift fund moneys received pursuant to this section shall be used for childrens home purposes only, and each gift shall be expended in accordance with the terms of the gift or bequest.
Sec. 4. NRS 423.082 is hereby repealed.
________
Senate Bill No. 108Senator Monroe
CHAPTER 224
AN ACT to enact the Multistate Highway Transportation Agreement; making the state highway engineer the designated representative of the state; and providing other matters properly relating thereto.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 43 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 Multistate Highway Transportation Agreement is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE I Findings and Purposes
Section 1. Findings. The participating jurisdictions find that:
(a) The expanding regional economy depends on expanding transportation capacity;
(b) Highway transportation is the major mode for movement of people and goods in the western states;
(c) Uniform application in the west of more adequate vehicle size and weight standards will result in a reduction of pollution, congestion, fuel consumption and related transportation costs, which are necessary to permit increased productivity;
(d) A number of western states have already, to the fullest extent possible, adopted substantially the 1964 Bureau of Public Roads recommended vehicle size and weight standards;
(e) The 1956 provision of federal law, (23 U.S.C. 127), though long outmoded, remains in effect depriving states of interstate matching money if vehicle weights and widths are increased, even though the Interstate System is more than 80 percent complete; and
(f) The participating jurisdictions are most capable of developing vehicle size and weight standards most appropriate for the regional economy and transportation requirements, consistent with and in recognition of principles of highway safety.
Sec. 2. Purposes. The purposes of this agreement are to:
(a) Adhere to the principle that each participating jurisdiction should have the freedom to develop vehicle size and weight standards that it determines to be most appropriate to its economy and highway system.
κ1975 Statutes of Nevada, Page 264 (CHAPTER 224, SB 108)κ
(b) Establish a system authorizing the operation of vehicles traveling between two or more participating jurisdictions at more adequate size and weight standards.
(c) Promote uniformity among participating jurisdictions in vehicle size and weight standards on the basis of the objectives set forth in this agreement.
(d) Secure uniformity insofar as possible, of administrative procedures in the enforcement of recommended vehicle size and weight standards.
(e) Provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in section 1 of this article.
ARTICLE II Definitions
Section 1. As used in this agreement:
(a) Designated representative means a legislator or other person authorized to represent the jurisdiction.
(b) Jurisdiction means a state of the United States or the District of Columbia.
(c) Vehicle means any vehicle as defined by statute to be subject to size and weight standards which operates in two or more participating jurisdictions.
ARTICLE III General Provisions
Section 1. Qualifications for Membership. Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish these objectives.
Sec. 2. Cooperation. The participating jurisdictions, working through their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.
Sec. 3. Effect of Headings. Article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article or section hereof.
Sec. 4. Vehicle Laws and Regulations. This agreement shall not authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations thereof.
Sec. 5. Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement shall be reached by unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions shall be placed in writing.
Sec. 6. Amendment. This agreement may be amended by unanimous joint action of the participating jurisdictions, acting through the officials thereof authorized to enter into this agreement, subject to the requirements of section 4, article III. Any amendment shall be placed in writing and become a part hereof.
κ1975 Statutes of Nevada, Page 265 (CHAPTER 224, SB 108)κ
Sec. 7. Restrictions, Conditions or Limitations. Any jurisdiction entering this agreement shall provide each other participating jurisdiction with a list of any restriction, condition or limitation on the general terms of this agreement, if any.
Sec. 8. Additional Jurisdictions. Additional jurisdictions may become members of this agreement by signing and accepting the terms of the agreement.
ARTICLE IV Cooperating Committee
Section 1. Pursuant to section 2, article III, the designated representatives of the participating jurisdictions shall constitute a committee which shall have the power to:
(a) Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activites in relation to vehicle size and weight related matters.
(b) Recommend and encourage the undertaking of research and testing in any aspect of vehicle size and weight or related matter when, in their collective judgment, appropriate or sufficient research or testing has not been undertaken.
(c) Recommend changes in law or policy with emphasis on compatability of laws and uniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of vehicle size and weight related matters.
Sec. 2. Each participating jurisdiction shall be entitled to one vote only. No action of the committee shall be binding unless a majority of the total number of votes cast by participating jurisdictions are in favor thereof.
Sec. 3. The committee shall meet at least once annually and shall elect, from among its members, a chairman, a vice-chairman and a secretary.
Sec. 4. The committee shall submit annually to the legislature of each participating jurisdiction, no later than November 1, a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate or desirable. Copies of all such reports shall be made available to the Transportation Committee of the Western Conference, Council of State Governments, and to the Western Association of State Highway Officials.
ARTICLE V Objectives of the Participating Jurisdictions
Section 1. Objectives. The participating jurisdictions hereby declare that:
(a) It is the objective of the participating jurisdictions to obtain more efficient and more economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation of a vehicle or combination of vehicles in regular operation on all state highways, except those determined through engineering evaluation to be inadequate, with a single-axle weight not in excess of 20,000 pounds, a tandem-axle weight not in excess of 34,000 pounds, and a gross vehicle or combination weight not in excess of that resulting from application of the formula:
κ1975 Statutes of Nevada, Page 266 (CHAPTER 224, SB 108)κ
not in excess of 34,000 pounds, and a gross vehicle or combination weight not in excess of that resulting from application of the formula:
W = 500 [LN/(N-1) + 12N + 36]
where W = Maximum weight in pounds carried on any group of two or more axles computed to nearest 500 pounds.
L = distance in feet between the extremes of any group of two or more consecutive axles.
N = number of axles in group under consideration.
(b) It is the further objective of the participating jurisdictions that in the event the operation of a vehicle or combination of vehicles according to the provisions of subsection (a) of this section would result in withholding or forfeiture of federal-aid funds pursuant to section 127, Title 23, U.S. Code, the operation of such vehicle or combination of vehicles at axle and gross weights within the limits set forth in subsection (a) of this section will be authorized under special permit authority by each participating jurisdiction which could legally issue such permits prior to July 1, 1956, provided all regulations and procedures related to such issuance in effect as of July 1, 1956, are adhered to.
(c) The objectives of subsections (a) and (b) of this section relate to vehicles or combinations of vehicles in regular operation, and the authority of any participating jurisdiction to issue special permits for the movement of any vehicle or combination of vehicles having dimensions and/or weights in excess of the maximum statutory limits in each participating jurisdiction will not be affected.
(d) It is the further objective of the participating jurisdictions to facilitate and expedite the operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (a) or (b) of this section, and to that end the participating jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight related matters including, but not limited to, the development of: uniform enforcement procedures; additional vehicle size and weight standards; operational standards; agreements or compacts to facilitate regional application and administration of vehicle size and weight standards; uniform permit procedures; uniform application forms; rules and regulations for the operation of vehicles, including equipment requirements, driver qualifications, and operating practices; and such other matters as may be pertinent.
(e) In recognition of the limited prospects of federal revision of section 127, Title 23, U.S. Code, and in order to protect participating jurisdictions against any possibility of withholding or forfeiture of federal-aid highway funds, it is the further objective of the participating jurisdictions to secure Congressional approval of this agreement and, specifically of the vehicle size and weight standards set forth in subsection (a) of this section.
(f) In recognition of desire for a degree of national uniformity of size and weight regulations, it is the further objective to encourage development of broad, uniform size and weight standards on a national basis, and further that procedures adopted under this agreement be compatible with national standards.
κ1975 Statutes of Nevada, Page 267 (CHAPTER 224, SB 108)κ
ARTICLE VI Entry Into Force and Withdrawal
Section 1. This agreement shall enter into force when enacted into law by any two or more jurisdictions. Thereafter, this agreement shall become effective as to any other jurisdiction upon its enactment thereof, except as otherwise provided in section 8, article III.
Sec. 2. Any participating jurisdiction may withdraw from this agreement by canceling the same but no such withdrawal shall take effect until 30 days after the designated representative of the withdrawing jurisdiction has given notice in writing of the withdrawal to all other participating jurisdictions.
ARTICLE VII Construction and Severability
Section 1. This agreement shall be liberally construed so as to effectuate the purposes thereof.
Sec. 2. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction or the applicability thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement shall not be affected thereby. If this agreement shall be held contrary to the constitution of any jurisdiction participating herein, the agreement shall remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdictions affected as to all severable matters.
ARTICLE VIII Filing of Documents
Section 1. A copy of this agreement, its amendments, and rules or regulations promulgated thereunder and interpretations thereof shall be filed in the highway department in each participating jurisdiction and shall be made available for review by interested parties.
Sec. 3. 1. The governor shall appoint the state highway engineer as the designated representative of this state to serve on the cooperating committee established by article IV of the Multistate Highway Transportation Agreement.
2. The designated representative of this state may be represented by an alternate designated by him. Any such alternate shall be a principal deputy in the department of highways.
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κ1975 Statutes of Nevada, Page 268κ
Senate Bill No. 307Committee on Government Affairs
CHAPTER 225
AN ACT to amend NRS 355.170, relating to investments by local governments, by authorizing counties and incorporated cities to purchase for investment negotiable notes or short-time negotiable bonds of Nevada local governments issued for short-term financing; and providing other matters properly relating thereto.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 355.170 is hereby amended to read as follows:
355.170 1. A board of county commissioners or the governing body of an incorporated city may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which shall not extend more than 10 years from the date of purchase;
(b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended;
(c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase,
when, in the opinion of the board of county commissioners or the governing body of the city, there are sufficient moneys in any fund or funds in such county or city, the use of which for the purpose of purchasing the type of bonds herein referred to will not result in the impairment of such fund or funds for the purposes for which the same were created.
(d) Obligations of the United States Postal Service or the Federal National Mortgage Association, the maturity date of which is not more than 10 years from the date of purchase.
(e) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.
(f) Subject to the limitations contained in NRS 355.177, negotiable notes or short-time negotiable bonds issued by local governments of the State of Nevada pursuant to NRS 354.440.
2. When the board of county commissioners or governing body of the city has determined that there are available moneys in any fund or funds for the purchase of bonds as set out in subsection 1, such purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds shall be credited to the funds in the amounts purchased, and the moneys received from the redemption of such bonds, as and when redeemed, shall go back into the fund or funds from which the purchase money was taken originally.
κ1975 Statutes of Nevada, Page 269 (CHAPTER 225, SB 307)κ
as and when redeemed, shall go back into the fund or funds from which the purchase money was taken originally.
3. Any interest earned on funds invested pursuant to subsection 2 of this section, may, at the discretion of the board of county commissioners or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county or incorporated city.
4. The board of county commissioners or governing body of an incorporated city may invest any moneys apportioned into funds and not invested pursuant to subsection 2 of this section and any moneys not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which shall not be more than 1 year from the date of investment. Such investments shall be considered as cash for accounting purposes, and all the interest earned thereon shall be credited to the general fund of the county or incorporated city.
5. This section does not authorize the investment of moneys administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of such contract, agreement or grant.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 310Senator Schofield (by request)
CHAPTER 226
AN ACT to amend an act entitled An Act incorporating the City of Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 24, 1971, as amended; repealing section 21 of chapter 808, Statutes of Nevada 1973, relating to the Las Vegas city charter; and providing other matters properly relating thereto.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1.070 of Article I of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1064, is hereby amended to read as follows:
Section 1.070 Elective offices: Vacancies.
1. A vacancy in the board of commissioners or in the office of mayor, city attorney or municipal judge shall be filled by a majority vote of the members of the board of commissioners, or the remaining members in the case of a vacancy in the board of commissioners, within 30 days after the occurrence of such vacancy. The appointee shall have the same qualifications as are required of the elective official.
2. No such appointment shall extend beyond the [1st Monday in July after the next municipal election,] next regularly scheduled meeting of the board of commissioners following the next municipal general election, at which election the office shall be filled for the remaining unexpired term.
κ1975 Statutes of Nevada, Page 270 (CHAPTER 226, SB 310)κ
Sec. 2. Section 5.010 of Article V of the above-entitled act, being chapter 515, Statutes of Nevada 1971, as last amended by chapter 752, Statutes of Nevada 1973, at page 1574, is hereby amended to read as follows:
Section 5.010 Primary municipal elections.
1. On the Tuesday after the 1st Monday in May 1975, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for mayor and two offices of commissioner.
2. On the Tuesday after the 1st Monday in May 1977, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for city attorney, two offices of commissioner and municipal judge, department 2. On the same date, there shall be nominated candidates for municipal judge, department 1, who shall be elected for two years.
3. On the Tuesday after the 1st Monday in May 1979, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for mayor, two offices of commissioner and municipal judge, department 1.
4. The candidates for commissioner to be nominated as provided in subsections 1 and 2 shall be voted for and nominated separately. The candidates from wards 1 and 3 shall be nominated as provided in subsection 1 and candidates from wards 2 and 4 nominated as provided in subsection 2.
5. All candidates for municipal offices as provided in subsections 1, 2, 3 and 4 shall file an affidavit of candidacy with the city clerk not less than 30 days nor more than 40 days before the primary election. If the last day limited for filing an affidavit of candidacy shall fall on a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, or the President of the United States, then the period so limited shall expire on the preceding business day at 5 p.m. The filing fee for each office shall be as established by ordinance by the board of commissioners.
6. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he shall be declared elected and no general election need be held for that office.
Sec. 3. Section 5.100 of Article V of the above-entitled act, being chapter 515, Statutes of Nevada 1971, as amended by chapter 752, Statutes of Nevada 1973, at page 1575, is hereby amended to read as follows:
Section 5.100 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the board of commissioners.
κ1975 Statutes of Nevada, Page 271 (CHAPTER 226, SB 310)κ
2. The board of commissioners shall meet within 10 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the board of commissioners.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the [1st Monday in July next following their election.] day of the next regularly scheduled meeting of the board of commissioners following the municipal general election.
4. If any election should result in a tie, the board of commissioners shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.
Sec. 4. Section 21 of chapter 808, Statutes of Nevada 1973, at page 1854, is hereby repealed.
Sec. 5. 1. Sections 1, 3 and 4 of this act shall become effective upon passage and approval.
2. Section 2 of this act shall become effective 1 minute after section 4 of this act becomes effective.
________
Senate Bill No. 331Senator Monroe
CHAPTER 227
AN ACT relating to a civic auditorium and convention center within or proximate to the City of Elko, Nevada; creating the Elko City-County Civic Auditorium Authority and providing for the governing body thereof; providing for the issuance of the bonds thereof in a principal amount not exceeding $2,500,000, for the payment of such bonds by the levy and collection of general (ad valorem) property taxes within the boundaries of the Authority; providing for the acquisition and construction of a civic auditorium and convention center, including incidental improvements, equipment, furnishings and appurtenances; generally describing the boundaries of the Authority, and providing a procedure for the precise definition of such boundaries and for the addition of lands to such boundaries; providing for an approving bond election; and providing other matters properly relating thereto.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created the Elko City-County Civic Auditorium Authority, a body corporate and politic, and a municipal corporation of the State of Nevada.
Sec. 2. As used in this chapter, Authority means the Elko City-County Civic Auditorium Authority and the Board of Commissioners means the governing body of the Elko City-County Civic Auditorium Authority.
Sec. 3. The Authority is hereby authorized and empowered without the necessity of an election or further preliminaries (except for the approving bond election hereinafter required) to construct, concurrently or in phases, and otherwise acquire (including a site therefor) a civic auditorium and convention center, including improvements incidental thereto, and equipment and furnishings therefor and all appurtenances to be located within or proximate to the City of Elko, Nevada (herein sometimes referred to as the Project); and to defray wholly or in part the cost of the Project by the issuance of Authority Bonds (herein sometimes designated as the Bonds) in the aggregate principal amount not exceeding $2,500,000 or such lesser amount as the Board of County Commissioners of Elko County, Nevada, may determine in the resolution described in Sections 19 and 20 of this Act as being necessary or desirable for such purpose.
κ1975 Statutes of Nevada, Page 272 (CHAPTER 227, SB 331)κ
or in phases, and otherwise acquire (including a site therefor) a civic auditorium and convention center, including improvements incidental thereto, and equipment and furnishings therefor and all appurtenances to be located within or proximate to the City of Elko, Nevada (herein sometimes referred to as the Project); and to defray wholly or in part the cost of the Project by the issuance of Authority Bonds (herein sometimes designated as the Bonds) in the aggregate principal amount not exceeding $2,500,000 or such lesser amount as the Board of County Commissioners of Elko County, Nevada, may determine in the resolution described in Sections 19 and 20 of this Act as being necessary or desirable for such purpose.
Sec. 4. The Bonds authorized to be issued by this Act shall be general obligation bonds of the Authority payable from general (ad valorem) property taxes to be levied by the County Commissioners of Elko County, Nevada, on behalf of the Board of Commissioners of the Authority, such taxes to be levied upon all taxable properties within the boundaries of the Authority as such boundaries shall be hereafter established and defined and from time to time redefined by reason of inclusion of additional lands.
Sec. 5. The Bonds shall be issued independent of any debt limitation or other restriction, except as otherwise provided in this Act and in the Local Government Securities Law, and the Authority acting by its Board of Commissioners may, in connection with the powers authorized by this Act, exercise the incidental powers provided in the Local Government Securities Law, except as otherwise provided in this Act.
Sec. 6. Nothing in this Act shall be construed as preventing the Board of Commissioners, on behalf and in the name of the Authority, from refunding or reissuing the Bonds at any time as provided in the Local Government Securities Law.
Sec. 7. The County of Elko is hereby authorized to make from time to time fair and reasonable payment to the Authority from its general fund or other available moneys for any use of the Project by the County or any of its departments, boards, agencies or by any persons sponsored by the County.
Sec. 8. The Authority shall be governed by a Board of three Commissioners who shall be appointed by resolution, two members by the City Council of the City of Elko and one member by the Board of County Commissioners of the County of Elko, and each Commissioner shall serve at the pleasure of the respective appointing body, but each appointment shall be reviewed no less than every four years and each member must be a resident of the City or County from which he is appointed and may be, but is not required to be, a member of the Council or Board of the appointing body. The Board of Commissioners shall elect a Chairman from time to time as shall be necessary from its own members and the City Clerk and City Treasurer of the City of Elko shall act as Secretary and Treasurer to the Board of Commissioners and the Authority without additional compensation.
Sec. 9. Forthwith upon appointment of the first members of the Board of Commissioners, the Board shall organize, adopt a seal, establish a principal place of business, and adopt, and thereafter from time to time amend, if necessary, appropriate rules and regulations not inconsistent with this Act for carrying on the business and affairs of the Board and of the Authority.
κ1975 Statutes of Nevada, Page 273 (CHAPTER 227, SB 331)κ
with this Act for carrying on the business and affairs of the Board and of the Authority.
Sec. 10. Two members of the Board of Commissioners shall constitute a quorum at any meeting and the Board may take action either by motion or by resolution.
Sec. 11. In connection with the Project, the Board, on behalf of, and in the name of the Authority, in addition to, and not in limitation of, powers elsewhere conferred thereon and without the necessity of an election, hearing, referendum or other further preliminaries not provided herein, is authorized and empowered:
1. To arrange a contract for the furnishing by any person or agency, public or private, of services, works or facilities for, or in connection with the Project and any part thereof.
2. To hire and retain independent contractors, agents and employees, including but not limited to engineers, architects, financial consultants, attorneys at law, or any other persons necessary or desirable to effect the purposes of this Act; and to prescribe their compensation, duties or other terms of employment.
3. To make and keep records in connection with the Project or any part thereof.
4. To establish rules and regulations and fees and charges with respect to the use of the Project.
5. To cause to be levied general (ad valorem) property taxes sufficient, after taking into account revenues from fees and charges, to pay the cost of maintenance and operation of the Project and to pay timely the principal of, together with the interest on, the Bonds.
6. To arbitrate any differences arising in connection with the Project.
7. To commence, defend, conduct, terminate by settlement or otherwise, participate in any litigation or other court, judicial or quasi-judicial action, either at law or in equity, by suit, action, mandamus or other proceedings, concerning the Project or any part thereof, or in any manner appertaining thereto.
8. To use for or in connection with the Project, moneys, land and other real and personal property legally available therefor of the City of Elko or the County of Elko not originally acquired therefor.
9. To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of this Act; and to have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this Act, and such specific powers shall not be considered as a limitation upon any power necessary, convenient, desirable or appropriate to carry out the purposes and intent of this Act.
Sec. 12. Provisions of the Local Government Budget Act, NRS 354.470 to 354.626, inclusive, as now and hereafter amended, shall apply to the Authority as a local government and the Authority shall, for purposes of such application, be deemed a district other than a school district.
Sec. 13. The Authority may provide for the publication by title of any resolution which it may adopt for the issuance of bonds or for the inclusion of lands under this Act, in one issue of a newspaper having circulation within the County of Elko. For a period of thirty days after the date of such publication any person in interest may contest the legality of such resolution or any bonds which may be issued pursuant thereto or any of the provisions made for the security and payment of such bonds, including the boundaries of the Authority, or with respect to any special election at which such bonds or any portion thereof are authorized, or for the inclusion of such lands, but after such time no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause.
κ1975 Statutes of Nevada, Page 274 (CHAPTER 227, SB 331)κ
such resolution or any bonds which may be issued pursuant thereto or any of the provisions made for the security and payment of such bonds, including the boundaries of the Authority, or with respect to any special election at which such bonds or any portion thereof are authorized, or for the inclusion of such lands, but after such time no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause.
Sec. 14. No contract for doing construction work for acquiring or improving the Project provided for herein or any portion thereof shall be entered into until the Authority shall have requested competitive bids and published notice stating that bids will be received at a time and place designated therein.
Sec. 15. The Authority may contract only with responsible bidders submitting the lowest bid upon proper terms, but the Authority shall have the right to reject any and all bids and to waive any irregularity in the form of any bid.
Sec. 16. Any contract may be let on a lump sum or on a unit basis, but no contract shall be entered into for such work unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the Board of Commissioners in an amount fixed by it for the faithful performance of the contract and for payment of the labor and materials.
Sec. 17. The Board of Commissioners, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and sureties and such guarantees of good and faithful performance in the completion of any work and the keeping of the same in repair, and providing for any further matter or thing in connection therewith, as may be considered by the Board to be advantageous to the Authority and to all interested.
Sec. 18. The boundaries of the Authority shall include all lands now and hereinafter within the City of Elko, together with all lands within 3 miles of the present boundaries of the City of Elko and together with those lands generally designated in the Official Records of Elko County, Nevada, as follows:
Humboldt River Ranchos Inc., Unit No. 1.
Town of Lamoille as shown on the Map of the Town of Lamoille, including Tract A, File No. 37018 and on Map of the First Addition, Town of Lamoille, File No. 107888.
Last Chance Ranch Inc., Units No. 1, 2 and 3.
L.C.R. 11 Subdivision.
Lucky Nugget Ranches Inc., Unit No. 1 and the unvacated portions of Unit No. 2.
Meadow Valley Ranchos Units No. 1 through 5, inclusive, and 7 through 12, inclusive.
Pleasant Valley Estates.
River Valley Ranches, Unit No. 1.
Twin River Ranchos, Inc., Units No. 2, 3 and 4.
Valley Vista Acres.
Spring Creek Tracts No. 101, 102, 103, 201, 301, 101-A, 104, 105, 107, 106-A, the unabandoned portion of 401, 106-B, the unabandoned portion of 106-C, 202, 303, 402, 304, 109, 403 and 106-D, inclusive.
κ1975 Statutes of Nevada, Page 275 (CHAPTER 227, SB 331)κ
Sec. 19. Within sixty days of the effective date of this Act, the Board of County Commissioners of Elko County, Nevada, shall by resolution establish the boundaries of the Authority described in Section 18 of this Act with sufficient certainty so as to enable any person to determine whether or not his or her residence is within such boundaries and shall fix the date of a special bond election to be held not more than ninety days after the date of adoption of such resolution. Registration for such election shall close on the 30th calendar day preceding the date set for such election and all persons residing within the boundaries of the Authority as established by said resolution who are qualified to vote at general elections in this State and reside within such boundaries upon the date of close of registration shall be entitled to vote at such election. Appropriate notice of registration and of such election shall be given by the County Clerk once by publication, unless the Board of County Commissioners shall direct that any such notice shall also be given one or more times by mail. Such election shall further be held, except as herein provided to the contrary, in accordance with the general election laws of this State.
Sec. 20. In the resolution referred to in Section 19 of this Act fixing the date of said special bond election, the Board of County Commissioners may determine as provided in Section 3 of this Act that an amount lesser than $2,500,000 principal amount of bonds is so required either to defray the costs of the Project or to defray solely the costs of a first phase of the Project, and, if the Board shall determine that a lesser amount is so required, then such lesser amount shall be submitted to the voters at the special bond election fixed by said resolution. If the Board of County Commissioners shall determine to submit to the electorate only that principal amount of bonds necessary to defray the costs of a first phase of the Project, then the Board of County Commissioners may thereafter submit to the electorate at a special bond election or elections fixed therefor the principal amount of bonds necessary to defray the costs of a second phase and of subsequent phases, all in the manner and to the same effect as the initial special bond election, but in no event shall the combined principal amount of bonds so submitted exceed the principal amount of $2,500,000.
Sec. 21. The form of the ballot at the special bond election shall be: Shall the Elko City-County Civic Auditorium Authority be authorized to issue and sell not to exceed [enter — $2,500,000 principal amount of bonds or such lesser amount as may be established by the Board of County Commissioners] to defray the costs of [enter — a civic auditorium and convention center or, if applicable, a description of related phase of the Project] which bonds shall be payable from the proceeds of general (ad valorem) property taxes levied upon lands within the boundaries of the Authority and which bonds shall otherwise be issued in accordance with the Local Government Securities Law. Yes.........., No..........
Sec. 22. Election returns from the special bond election shall be filed with the County Clerk of Elko County. The Board of County Commissioners of Elko County shall meet within ten days after the special bond election and canvass the returns and declare the results.
Sec. 23. If upon the canvass it is found that a majority of the votes so cast at the special bond election were cast in the affirmative, then the Authority shall be authorized to issue and sell the Bonds, as herein provided.
κ1975 Statutes of Nevada, Page 276 (CHAPTER 227, SB 331)κ
Authority shall be authorized to issue and sell the Bonds, as herein provided.
Sec. 24. If upon the canvass it is found that a majority of the votes so cast at the special bond election were cast in the negative, then the Authority shall not be authorized to issue and sell the Bonds, but the Board of County Commissioners may, at a general or special election, resubmit the matter one or more times to the electorate in the same manner and to the same effect as the initial special bond election, but any such resubmission shall not occur until at least one year shall have passed since the last such submission or resubmission and the Board of County Commissioners may reconsider the principal amount of Bonds to be so resubmitted in accordance with the provisions of Sections 3 and 20 of this Act.
Sec. 25. If upon the canvass it is found that a majority of the votes cast at the special bond election were in the affirmative, then the Board of County Commissioners of Elko County shall forthwith require the Elko County Engineer to determine the precise boundaries of the Authority, shall adopt and finally establish the boundaries of the Authority in the resolution referred to in Section 8 of this Act and, immediately upon organization of the Board of Commissioners of the Authority, the Authority shall comply with the provisions of NRS 234.250. Since the lands of the Authority are not contiguous, each portion thereof shall be described so as to close.
Sec. 26. After establishment and definition of the initial boundaries of the Authority, inclusion of additional lands within the boundaries of the Authority shall be accomplished pursuant to one of the following procedures:
1. If lands proximate to the boundaries of the Authority shall hereafter be platted or mapped pursuant to the provisions of NRS Chapter 278, the owner or owners thereof may request in writing that such lands be included within the boundaries of the Authority and the Board of County Commissioners of Elko County shall provide for the notation of such inclusion upon the final subdivision map or parcel map prior to the final recordation thereof, and shall notify the Board of Commissioners of the Authority in writing of the fact of such inclusion; or
2. If the owner or owners of lands proximate to the boundaries of the Authority so proposed to be platted or mapped shall fail to request inclusion of such lands within the boundaries of the Authority and the Board of County Commissioners of Elko County shall preliminarily determine that, by reason of such proximity, such lands should be so included within the boundaries of the Authority, then prior to final recordation of such map the Board of County Commissioners shall by resolution make such a preliminary determination, shall fix in said resolution the time and place of a hearing on any such inclusion and shall give at least thirty days prior notice in writing of the time and place of such hearing to both the owner or owners of lands proposed to be so platted or mapped and to the Authority. At the time and place of such hearing, the Board of County Commissioners shall hear the owner or owners and the Authority, as well as all persons interested, as to the question of whether or not such lands should be so included within the boundaries of the Authority. Upon completion of the hearing, the Board of County Commissioners shall determine by resolution whether or not said lands shall be so included and the determination of the County Commissioners, in the absence of fraud or abuse of discretion, shall be final and conclusive.
κ1975 Statutes of Nevada, Page 277 (CHAPTER 227, SB 331)κ
said lands shall be so included and the determination of the County Commissioners, in the absence of fraud or abuse of discretion, shall be final and conclusive. The final action of the Board of County Commissioners shall, prior to final recordation, be noted on the title sheet of any subdivision or parcel map approved pursuant to the provisions of NRS Chapter 278 and the County Commissioners shall give the Authority notice in writing of its final determination; and
Upon inclusion of any additional lands within the boundaries of the Authority, the Board of Commissioners of the Authority shall forthwith adopt a resolution confirming the inclusion of such lands and shall otherwise comply with the provisions of NRS 234.250.
Sec. 27. 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 under this Act 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. 28. This Act being necessary to secure and preserve the public health, safety, convenience and welfare shall be literally construed to effect its purposes.
Sec. 29. If any provision of this Act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.
Sec. 30. This Act shall become effective upon passage and approval.
________
Assembly Bill No. 121Committee on Transportation
CHAPTER 228
AN ACT relating to traffic safety; prescribing a special warning device for display on slow moving vehicles except under certain conditions; providing a penalty; and providing other matters properly relating thereto.
[Approved April 18, 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:
1. After September 15, 1975, when any vehicle or combination of vehicles designed for and is operated at speeds of 25 miles per hour or less is moved on a highway, whether pulled, towed or self-propelled and whether in daytime or nighttime, the vehicle or combination shall have displayed a slow moving vehicle emblem, except as provided in subsection 3.
κ1975 Statutes of Nevada, Page 278 (CHAPTER 228, AB 121)κ
2. Use of the slow moving vehicle emblem is restricted to the type of vehicle or combination specified in subsection 1, and the use of the emblem on any other type of vehicle or any stationary object on or beside a highway is unlawful.
3. A vehicle or combination of vehicles of the type specified in subsection 1 is not required to have displayed a slow moving vehicle emblem if the vehicle or combination is moved only on a highway not open to public use or is guarded by flagmen or flares.
4. The requirement for a slow moving vehicle emblem is in addition to any lights or warning flags required by this chapter.
5. The department of motor vehicles shall adopt standards for the slow moving vehicle emblem which conform to standards adopted by the American Society of Agricultural Engineers.
6. The emblem shall be mounted, with a point up, on a plane perpendicular to the direction of travel, and located on the rear of the vehicle.
________
Assembly Bill No. 342Committee on Government Affairs
CHAPTER 229
AN ACT to amend NRS 244.207, relating to county central receiving and disbursing systems, by enlarging the number of counties permitted to institute central receiving and disbursing systems; ensuring the right of local governments whose moneys are held in trust by counties to direct receipt, disbursement and investment of such moneys under certain circumstances; and providing other matters properly relating thereto.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.207 is hereby amended to read as follows:
244.207 1. Notwithstanding any other provision of law, the boards of county commissioners of counties [with population of 100,000 or more but] whose population is 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, shall have power and jurisdiction in their respective counties to establish by ordinance central receiving and disbursing systems for the handling of county moneys and moneys held in trust by the county or by any of its elected or appointed officers. Such systems may include, but are not limited to, the following:
(a) The commingling of all moneys from any source whatsoever, provided that the accounting system employed supplies full information concerning the sources of the moneys.
(b) The elimination of departmental bank accounts provided for in NRS 356.200 by commingling such moneys in a bank account or accounts maintained by the county treasurer.
(c) The elimination of trust bank accounts created for any reason whatsoever, as long as adequate records are maintained to identify fully all trust moneys. The moneys previously held in such trust bank accounts may be commingled with other moneys held in bank accounts maintained by the county treasurer.
κ1975 Statutes of Nevada, Page 279 (CHAPTER 229, AB 342)κ
may be commingled with other moneys held in bank accounts maintained by the county treasurer.
(d) The centralization of all disbursing of all moneys, including trust moneys, provided the accounting system employed supplies full information concerning the disposition of such moneys.
(e) The centralization of part or all of billing and collection aspects of business licenses, personal property and any other activity of any of the offices of the county that involves billing for services or taxes or fees imposed by statute or ordinance, or the collection of moneys in payment of such billings.
2. Investment income from the commingled funds will be credited to the general fund of the county if other provisions of law or contract do not require other allocation of such investment income.
3. Nothing in this section shall: [eliminate]
(a) Eliminate the reporting requirements of various elected and appointed officials relating to the receipt and disposition of moneys.
(b) Limit the right of a local government as defined in NRS 354.474 (but not including a county) whose moneys are held in trust by the county to direct the receipt, disbursement and investment of its money independently of the system provided for in this section, where such independent direction is otherwise authorized by law.
________
Senate Bill No. 3Senator Dodge
CHAPTER 230
AN ACT relating to local government budgets; allowing local governments to enter into certain contracts for supplies and equipment in the current fiscal year for use in an ensuing fiscal year; and providing other matters properly relating thereto.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency shall, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, short-term financing repayments, and any other long-term contract expressly authorized by law. 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:
κ1975 Statutes of Nevada, Page 280 (CHAPTER 230, SB 3)κ
(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.
(g) Contracts which are entered into by a local government and delivered to any person, firm or corporation solely for the purpose of acquiring supplies and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year, and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available to any person on demand.
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Senate Bill No. 132Committee on Transportation
CHAPTER 231
AN ACT relating to vehicles; providing a penalty and increasing the penalty for certain offenses; and providing other matters properly relating thereto.
[Approved April 18, 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.
κ1975 Statutes of Nevada, Page 281 (CHAPTER 231, SB 132)κ
(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.
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.
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.
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.
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.
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.
8. Any person who fails to comply with the provisions of this section [shall be] is guilty of a misdemeanor [.] except as otherwise provided in NRS 482.555.
Sec. 2. NRS 482.545 is hereby amended to read as follows:
482.545 It [shall be] is 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 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.
κ1975 Statutes of Nevada, Page 282 (CHAPTER 231, SB 132)κ
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. A violation of this subsection is a gross misdemeanor.
6. [To knowingly] Knowingly to operate a vehicle which has an altered vehicle identification number, serial number, motor number, other distinguishing number or identification mark required for registration purposes.
Sec. 3. NRS 482.555 is hereby amended to read as follows:
482.555 In addition to any other penalty provided by this chapter: [, it shall be unlawful and constitute]
1. It is a gross misdemeanor for any person knowingly to falsify:
(a) A dealers or rebuilders report of sale, as described in NRS 482.423 and 482.424; or
(b) An application or document to obtain any:
(1) License;
(2) Permit; or
(3) Certificate of ownership,
issued under the provisions of this chapter.
2. It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this section or other provision of this chapter or other law of this state declared to be a gross misdemeanor or a felony.
Sec. 4. NRS 482.355 is hereby repealed.
Sec. 5. Sections 1 and 2 of this act shall become effective at 12:01 a.m. on July 1, 1975.
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Senate Bill No. 147Committee on Legislative Functions
CHAPTER 232
AN ACT relating to state financial administration; revising procedures relating to payment of salaries from reserve for statutory contingency fund.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 353.262 is hereby amended to read as follows:
353.262 When the state board of examiners finds, after diligent inquiry and examination, that:
κ1975 Statutes of Nevada, Page 283 (CHAPTER 232, SB 147)κ
1. As a result of the payment of terminal leave pay or sick leave pay to any state officer or employee, sufficient appropriated money does not remain available to permit the payment of salaries when due to a person to be appointed or employed to replace the officer or employee who is on sick leave or whose employment has been terminated; and
2. The appointment or employment of such replacement is necessary in the best interests of the state,
the state board of examiners may, [with the approval of the legislative auditor,] authorize the expenditure of sums not exceeding $2,000 from the reserve for statutory contingency fund for payment of salaries when due to each person so appointed or employed as a replacement for the person to whom such terminal leave pay or sick leave pay was paid or is payable.
3. The clerk of the state board of examiners shall, before September 1 of each year, file a report with the legislative auditor delineating each transfer from the fund pursuant to this section for the payment of salaries for the fiscal year ending June 30 of such year.
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Senate Bill No. 183Committee on Finance
CHAPTER 233
AN ACT relating to justices of the supreme court; increasing the monthly benefit payable to the surviving spouse of a justice of the supreme court who had qualified for a state pension.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 2.070 is hereby amended to read as follows:
2.070 1. If a justice of the supreme court at the time of his or her death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his or her death [he] the justice had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, [his widow,] the surviving spouse, providing [she] such spouse has attained the age of 65 years, [shall be] is entitled, until his or her death or remarriage, to receive the sum of [$350] $400 per month.
2. To be entitled to receive the benefits herein provided for, the [widow] surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable rules and regulations to be adopted for the purpose of carrying out the intent of this section.
3. It is the intent of this section that no special fund be created for the purpose of paying the benefits herein required to be made, and any and all payments made under the provisions of this section are specifically directed to be made out of and charged to any fund now or hereafter created for the purpose of paying pension benefits to justices of the supreme court.
κ1975 Statutes of Nevada, Page 284 (CHAPTER 233, SB 183)κ
hereafter created for the purpose of paying pension benefits to justices of the supreme court.
Sec. 2. NRS 2.285 is hereby amended to read as follows:
2.285 All of the following claims shall be submitted to the clerk of the supreme court, who shall act as administrative officer in processing such claims pursuant to the regulations of the state board of examiners:
1. Claims of justices of the supreme court under NRS 2.050 and 2.060.
2. Claims of [widows] surviving spouses of justices of the supreme court under NRS 2.070.
3. Claims of judges of the district courts under NRS 3.030 and 3.090.
4. Claims of [widows] surviving spouses of judges of the district courts under NRS 3.095.
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Senate Bill No. 240Committee on Government Affairs
CHAPTER 234
AN ACT relating to county recorders; removing the provision for forfeiture imposed on a county recorder who files a map, plat or plan for a subdivision, condominium or planned unit development not conforming to law; and providing other matters properly relating thereto.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 116.150 is hereby amended to read as follows:
116.150 [1. It shall be unlawful for any county recorder to accept for filing any map, plat or subdivision of land that does not conform to the requirements of NRS 116.020 and 116.040 and until the map, plat or subdivision has been duly and lawfully approved as therein provided, except the map, plat or subdivision be attached to or form a part of a conveyance and relate to the property or some part thereof embraced in the conveyance.
2. For each violation of this section by any county recorder, his deputy or employee, such county recorder shall forfeit and pay to the county the sum of $200, to be recovered in any court of competent jurisdiction.] No county recorder shall file for record any map, plat or plan for a subdivision of land, condominium plan or planned unit development unless such map, plat or plan contains all the certificates of approval, conveyance and consent required by the provisions of NRS 116.040, 117.027, 278.420, 280A.560 or by the provisions of any local ordinance.
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κ1975 Statutes of Nevada, Page 285κ
Senate Bill No. 297Committee on Government Affairs
CHAPTER 235
AN ACT relating to the powers and duties of cities; enabling cities to participate in the federal program of community development block grants and similar programs; and providing other matters properly relating thereto.
[Approved April 18, 1975]
Whereas, Title I of the Housing and Community Development Act of 1974, P.L. 93383, August 22, 1974, establishing a program of community development block grants, consolidates the following federal programs:
1. Urban renewal, under Title I of the Housing Act of 1949, P.L. 81171, July 15, 1949, as amended;
2. Model cities, under Title I of the Demonstration Cities and Metropolitan Development Act of 1966, P.L. 89754, November 3, 1966, as amended;
3. Water and sewer facilities, under section 702 of the Housing and Urban Development Act of 1965, P.L. 89117, August 10, 1965, as amended;
4. Neighborhood facilities, under section 703 of the Housing and Urban Development Act of 1965, P.L. 89117, August 10, 1965, as amended;
5. Public facilities, under Title II of the Housing Amendments of 1955, P.L. 84345, August 11, 1955, as amended;
6. Open spaces land, under Title VII of the Housing Act of 1961, P.L. 8770, June 30, 1961, as amended; and
7. Rehabilitation loans, under section 312 of the Housing Act of 1964, P.L. 88560, September 2, 1964, as amended; and
Whereas, The cities of Nevada require an adequate authorization of powers to participate in the federal program of community development block grants; and
Whereas, There is a need for the cities to establish continuing community development programs which will further the development of viable urban communities, with decent housing, suitable environment and expanding economic opportunities, principally for persons of low and moderate incomes; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. Sections 2 to 10, inclusive, of this act, may be cited as the Nevada Community Development Program Law.
Sec. 3. It is the purpose of sections 2 to 10, inclusive, of this act to provide for municipal participation in the federal program of community development block grants, under the Housing and Community Development Act of 1974 (P.L. 93383, 88 Stat. 633) as amended, and to vest in Nevada cities all powers necessary or appropriate to enable the cities to participate fully in such federal program and similar programs and to authorize the cities to perform services, activities, planning and other functions related to community development programs.
κ1975 Statutes of Nevada, Page 286 (CHAPTER 235, SB 297)κ
Sec. 4. As used in sections 2 to 10, inclusive, of this act:
1. Community development program means a municipal program which:
(a) Includes the activities to be undertaken to meet the community development needs and objectives of the city and the estimated costs and general locations of the activities;
(b) Identifies the resources, other than those from federal community development block grants, which are expected to be made available to meet the needs and objectives; and
(c) Takes into account appropriate environmental factors.
2. City means any incorporated city, including without limitation any such city organized under the provisions of a special legislative act or other special charter as permitted by sections 1 and 8 of article 8 of the constitution of the State of Nevada, and any local governmental entity which has been granted municipal powers or which is created by merger or consolidation of city and county government.
Sec. 5. 1. In addition to any authority or powers conferred upon a city by charter, special act or general laws of the State of Nevada, there is hereby granted to each city the powers set forth in sections 6 to 10, inclusive, of this act, to enable the city to participate in the federal program of community development block grants and any other similar programs as hereafter may be enacted.
2. In undertaking a community development program, a city is authorized to use general funds, bequests, devises, grants, gifts, donations, other state, local or private sources of revenue and other federal funds to supplement or augment funds available under the federal program of community development block grants.
3. The provisions of sections 2 to 10, inclusive, of this act do not preclude the cities from:
(a) Developing and executing community development programs exclusive of federally approved programs or funds; or
(b) Formulating and executing community development programs where federal programs are not involved.
Sec. 6. To initiate and undertake a community development program, a city may:
1. Formulate a comprehensive community development plan.
2. Develop a policy-planning-management capacity to:
(a) Determine the citys needs;
(b) Set its long-term goals and short-term objectives;
(c) Devise programs and activities to meet its goals and objectives;
(d) Evaluate the progress of its programs in accomplishing the goals and objectives; and
(e) Carry out the management, coordination and monitoring of activities necessary for effective planning implementation.
Sec. 7. To carry out a community development program, a city may acquire real property, including air or water rights or other interests in the real property, by purchase, lease, donation or otherwise, where the real property is:
1. Blighted, deteriorated, deteriorating, undeveloped or inappropriately developed, from the standpoint of sound community development and growth, as determined by state and local laws;
κ1975 Statutes of Nevada, Page 287 (CHAPTER 235, SB 297)κ
2. Appropriate for:
(a) Rehabilitation or conservation activities;
(b) Preservation or restoration of historic sites;
(c) Beautification of urban land;
(d) Conservation of open spaces, natural resources, scenic spaces or areas;
(e) Creation of recreational opportunities; or
(f) Guidance of urban development; and
3. To be used for public works, facilities, improvements or other public purposes, including the conversion of land to other uses if necessary or appropriate under the community development program.
Sec. 8. To carry out a community development program, a city may provide for:
1. Acquisition, construction, reconstruction or installation of public works, facilities, sites or other improvements.
2. Disposition by sale, lease, donation or otherwise of any real property acquired for public purposes in accordance with the community development program.
3. Code enforcement in deteriorated or deteriorating areas where such enforcement, together with public improvements and services to be provided, may be expected to arrest the decline of the area.
4. Elimination of conditions which are detrimental to health, safety and public welfare, including dust, odor, noise, air pollution and water pollution, by code enforcement, demolition or rehabilitation assistance.
5. Clearance, demolition, removal or rehabilitation of buildings and improvements where immediate public action is needed, including interim assistance to alleviate the harmful conditions.
6. Financing the rehabilitation of privately owned properties through the use of grants, direct loans, loan guarantees or other means.
7. Demolition and reconstruction or modernization of publicly owned low-rent housing.
8. Special projects directed toward the removal of barriers which restrict the mobility of elderly and handicapped persons.
Sec. 9. To carry out a community development program, a city may provide payments for:
1. Loss of rental income by housing owners where the loss results from temporarily holding real property used to relocate individuals and families displaced by the community development program.
2. The nonfederal share required in connection with a federal grant-in-aid program undertaken as part of the community development program.
3. Completion and financial settlement of a project funded under the federal Housing Act of 1949 (P.L. 81171, July 15, 1949).
4. Relocation of and assistance to individuals, families, businesses, organizations and farm operations displaced as the result of activities conducted under the community development program, including benefits at least equal to the minimum levels established under chapter 342 of NRS.
Sec. 10. To carry out a community development program, a city may:
κ1975 Statutes of Nevada, Page 288 (CHAPTER 235, SB 297)κ
1. Expand and improve the quantity and quality of public community services in areas where such activity is determined to be necessary or appropriate for the support of other community development program activities.
2. Improve the communitys public services and facilities concerned with employment, economic development, crime prevention, child care, health, drug abuse, education, welfare and recreation and other programs of social service, in connection with the community development program.
3. Coordinate public and private development programs.
Sec. 11. This act shall become effective upon passage and approval.
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Senate Bill No. 152Committee on Finance
CHAPTER 236
AN ACT relating to the contingency fund; extending the removal of certain limitations; and providing other matters properly relating thereto.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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.
κ1975 Statutes of Nevada, Page 289 (CHAPTER 236, SB 152)κ
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 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,] 1977, inclusive.
Sec. 2. Section 3 of chapter 77, Statutes of Nevada 1975, is hereby amended to read as follows:
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, 1977, inclusive.
Sec. 3. This act shall become effective upon passage and approval.
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κ1975 Statutes of Nevada, Page 290κ
Senate Bill No. 321Committee on Transportation
CHAPTER 237
AN ACT relating to the department of highways; repealing a provision which created and prescribed the duties of an advisory board to the board of directors of the department of highways.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 408.155 is hereby repealed.
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Assembly Bill No. 429Committee on Labor and Management
CHAPTER 238
AN ACT relating to industrial insurance; extending coverage to certain unpaid volunteer workers; and providing other matters properly relating thereto.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Persons who perform volunteer work in any formal program which is being conducted:
1. Within a state or local public organization;
2. By a federally assisted organization; or
3. By a private, incorporated, nonprofit organization which provides services to the general community,
and who are not specifically covered by any other provisions of this chapter, while engaged in such volunteer work, may be deemed by the commission, for purposes of this chapter, as employees of such organizations at a wage of $100 per month and shall be entitled to the benefits of this chapter when such organizations approve such coverage and comply with the provisions of this chapter and implementing regulations thereunder.
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κ1975 Statutes of Nevada, Page 291κ
Assembly Bill No. 379Assemblymen Dini, Mello, Sena, Robinson, Dreyer, Wittenberg, Glover, Howard, Weise, Getto, Bremner, Barengo, Brookman, Price, Murphy and Mann
CHAPTER 239
AN ACT making an appropriation to the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources for the purpose of continuing the training of educators and development of curricula for drug abuse prevention program in Nevada public schools.
[Approved April 18, 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 alcohol and drug abuse of the rehabilitation division of the department of human resources the sum of $250,000 for the purpose of continuing the training of educators and the development of curricula in the area of drug abuse so that an effective program of drug abuse prevention may be conducted in Nevada public schools.
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.
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Senate Bill No. 197Senator Monroe
CHAPTER 240
AN ACT relating to traffic laws; providing new formula for calculating gross weight on any group of two or more consecutive axles; providing maximum weights; authorizing reduced maximum weight limits under certain conditions; defining terms; and providing other matters properly relating thereto.
[Approved April 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.745 is hereby amended to read as follows:
484.745 Except as provided in NRS 484.753, no vehicle shall be operated or moved upon any public highway, except upon the following conditions:
1. The maximum weight on any single axle shall not exceed [18,000] 20,000 pounds.
2. [Every vehicle, whether operated singly or in a combination of vehicles, and every combination of vehicles must comply with both NRS 484.747 and 484.749.] The maximum weight on any tandem axle shall not exceed 34,000 pounds.
3. Except as provided in subsection 4, the maximum overall gross weight on any group of two or more consecutive axles shall not exceed the values set forth in the following formula: W = 500 [LN/N1) + 12N + 36] wherein:
κ1975 Statutes of Nevada, Page 292 (CHAPTER 240, SB 197)κ
the values set forth in the following formula: W = 500 [LN/N1) + 12N + 36] wherein:
(a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;
(b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
(c) N equals the number of axles in the group under consideration.
4. Two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the distance between the first and last axles of such consecutive sets of axles is 36 feet or more.
5. For the purposes of this section tandem axle means any two or more consecutive axles whose centers are more than 40 inches but not more than 96 inches apart and are individually attached to or articulated from a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles.
6. The provisions of this section do not apply to any highway which is a part of the Federal-aid Primary System, Federal-aid Urban System, Federal-aid Secondary System or Interstate System if such application would prevent this state from receiving any federal funds for highway purposes under section 127 of Title 23, U.S.C.
7. The department of highways, with respect to highways under its jurisdiction, and the governing bodies of cities and counties, with respect to roads and streets under their jurisdiction, after determining that use by vehicles otherwise conforming with the maximum weight limits provided above is likely to cause substantial distress to any highway, road, street or portion or structure thereof, may, by proper notice, fix a reduced maximum weight limit for vehicles which may pass over any such highway, road, street or portion or structure thereof.
Sec. 2. NRS 484.759 is hereby amended to read as follows:
484.759 1. As used in this section special mobile equipment means a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway, excepting implements of husbandry.
2. The department of highways with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to roads under their jurisdiction may, in their discretion, upon application in writing, authorize the applicant to operate or move a vehicle, combination of vehicles, special mobile equipment, or load thereon of a size or weight exceeding the legal maximum, or to use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting on the roadway but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited by law, upon any highway under the jurisdiction of such department or governing body granting such permit.
3. Except as otherwise provided in this section, the legal maximum width of any vehicle, combination of vehicles, special mobile equipment, or load thereon shall not exceed 96 inches.
4. If a vehicle is equipped with pneumatic tires, the maximum width from the outside of one wheel and tire to the outside of the opposite outer wheel and tire shall not exceed 102 inches, but in such event the outside width of the body of such vehicle or the load thereon shall not exceed 96 inches.
κ1975 Statutes of Nevada, Page 293 (CHAPTER 240, SB 197)κ
width of the body of such vehicle or the load thereon shall not exceed 96 inches.
5. If a vehicle is carrying a load of loosely piled agricultural products such as hay, straw or leguminous plants in bulk but not crated, baled, boxed or sacked, such load of loosely piled material and any loading racks retaining such load shall not exceed 120 inches in width.
6. Lights or devices which are required to be mounted upon a vehicle under this chapter may extend beyond the permissible width of the vehicle to a distance not exceeding 10 inches on each side of the vehicle, except that the maximum width shall not exceed 120 inches.
7. Door handles, hinges, cable cinchers and chain binders may extend 3 inches on each side, except that the maximum width of body and door handles, hinges, cable cinchers or chain binders shall not exceed 102 inches.
8. No passenger vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the hubcaps on its left side or more than 6 inches beyond the line of the hubcaps on its right side.
9. The provisions of this section with respect to maximum widths do not apply to implements of husbandry incidentally operated, transported, moved or towed over a highway. If an implement of husbandry is transported, moved or towed over a highway. If an implement of husbandry is transported or moved over a highway which is a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., as a load on another vehicle, if such load exceeds 96 inches in width, such vehicle and load shall not be operated for a distance of more than 25 miles from the point of origin of the trip and shall not be operated at a speed in excess of 30 miles per hour. If an implement of husbandry is transported or moved over any other highway as a load on another vehicle, if such load exceeds 120 inches in width, such vehicle and load shall not be operated for a distance of more than 25 miles from the point of origin of the trip and shall not be operated at a speed in excess of 30 miles per hour.
10. Subject to the provisions of subsection 2 of this section, the following vehicles shall not exceed a width of 120 inches:
(a) Any trailer or semitrailer, including lift carriers and tip-bed trailers, used exclusively for the transportation of implements of husbandry by farmers or implement dealers.
(b) Special mobile equipment.
(c) Highway construction or maintenance equipment.
This subsection does not apply to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., if such application would prevent this state from receiving any federal funds for highway purposes.
11. The department of highways may, upon application in writing, if good cause appears, issue a special or annual permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of the maximum width, but not exceeding, except as further provided in this section, 120 inches exclusive of appendages which shall not extend beyond 3 inches on either side. Such application for a special permit shall specifically describe the trailer coach or mobile home to be moved and the particular highway over which the unit is to be moved pursuant to the permit, and whether the permit is requested for a single trip or for continuous operation.
κ1975 Statutes of Nevada, Page 294 (CHAPTER 240, SB 197)κ
permit, and whether the permit is requested for a single trip or for continuous operation. The department of highways may establish seasonal or other time limitations within which the trailer coach or mobile home described may be moved on the highways indicated, and may require an undertaking or other security as may be deemed necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation. Permits for the movement of trailer coaches or mobile homes as provided for in this subsection may not be issued except to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:
(a) The power unit used to tow overwidth trailers or mobile homes having a gross weight of 18,000 pounds or less must be a three-quarter-ton truck or tractor, or a truck or tractor of greater power equipped with dual wheels.
(b) The power unit used to tow an overwidth trailer coach or mobile home having a gross weight in excess of 18,000 pounds must be a one-and-one-half-ton, or larger, truck or tractor equipped with dual wheels.
(c) The mobile home for which the permit is issued must comply with the provisions of NRS 484.745 [, 484.747 and 484.749] relating to axle weight limitations.
(d) Evidence of insurance shall be furnished by the insurer verifying coverage of the overwidth trailer coach or mobile home in the amounts of $100,000 because of bodily injury to or death of one person in any one accident, and subject to such limit for one person, in the amount of $300,000 because of bodily injury to or death of two or more persons in any one accident and in the amount of $50,000 because of injury to or destruction of property of others in any one accident.
A permit which has been issued for the movement of a trailer coach or mobile home shall not be valid between sunset and sunrise of the following day, nor between sunset on Friday to sunrise on Monday following, nor on any days declared to be legal holidays. The department of highways shall have authority to establish additional reasonable permit regulations, as they may deem necessary in the interest of public safety, which regulations shall be consistent with this section. Every permit shall be carried in the trailer coach or mobile home or power unit to which it refers and shall be open to inspection of any peace officer or traffic officer, any authorized agent of such department or any other officer or employee charged with the care and protection of the highways.
It is a misdemeanor for any person to violate any of the terms or conditions of any such special permit or annual permit.
To the extent that the application of this subsection to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., would cause this state to be deprived of any federal funds for highway purposes, this subsection to such extent shall not apply to highways which are a part of such system.
12. The department of highways may, upon application in writing, if good cause appears, issue a special permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of 120 inches in width but not exceeding 168 inches in width, exclusive of appendages, which shall not extend beyond 3 inches on either side. The movement of such trailer coach or mobile home shall, in addition to the conditions and requirements of subsection 11, be subject to the following requirements and conditions:
κ1975 Statutes of Nevada, Page 295 (CHAPTER 240, SB 197)κ
such trailer coach or mobile home shall, in addition to the conditions and requirements of subsection 11, be subject to the following requirements and conditions:
(a) Wide-load signs and red flags shall be on the front of the towing vehicle and on the rear of the trailer coach or mobile home.
(b) The towing vehicle shall be a one-and-one-half-ton or larger truck or tractor equipped with dual wheels.
(c) No permit shall be issued unless the applicant presents evidence satisfactory to the department of highways that he is financially responsible and that he has complied or is able to comply with the equipment requirements.
(d) As an additional warning to approaching traffic, the towing vehicle shall operate with the headlights turned on low beam.
(e) The driver of the towing vehicle shall do everything possible to prevent the congestion or slowing down of traffic in either direction due to the overwidth trailer and shall, if necessary to maintain the normal flow of traffic, drive the towing vehicle and trailer coach or mobile home off the pavement where safe to do so, in order that traffic may pass.
(f) When two or more trailer coaches or mobile homes in excess of 120 inches in width are moved over the same highway in the same direction, the drivers of the towing vehicles shall maintain a distance of at least 1,000 feet between vehicles.
(g) The department of highways shall designate the highways over which trailers in excess of 120 inches in width may be moved, and may require a pilot car to precede or follow the load.
(h) The department of highways shall prescribe additional rules and regulations relating to moving such trailer coaches or mobile homes, including but not limited to the times and days when such moving is permitted, and additional safety precautions to be taken.
Sec. 3. NRS 484.747 and 484.749 are hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 358Committee on Finance
CHAPTER 241
AN ACT relating to certain governmental bodies; providing for a uniform rate of compensation to members of certain executive and legislative boards, commissions and subcommittees; adding to those who are entitled to receive compensation; providing for payment of certain dues from the legislative fund; and providing other matters properly relating thereto.
[Approved April 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.109 is hereby amended to read as follows:
213.109 1. The term of office of each member of the board shall be 4 years, except as provided in subsections 2 and 3.
κ1975 Statutes of Nevada, Page 296 (CHAPTER 241, SB 358)κ
2. Immediately after July 1, 1957, the governor shall appoint:
(a) Two members for terms expiring on the 1st Monday in January 1959; and
(b) Two members for terms expiring on the 1st Monday in January 1961.
3. Immediately after April 6, 1959, the governor shall appoint one member for a term expiring on the 1st Monday in January 1963.
4. Appointments to the board shall be made by the governor within 60 days from the time any vacancy occurs.
5. Any member of the board shall have authority to administer an oath or affirmation to any person offering to testify upon the hearing of an application for parole or in a parole revocation hearing, and any district judge, county clerk or notary public may take and certify affidavits and depositions to be used upon such applications, either for or against the same, or in a parole revocation hearing.
6. The members shall be entitled to receive the sum of [$25] $40 for each days attendance at meetings of the board; and all members shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 2. NRS 218.680 is hereby amended to read as follows:
218.680 1. For each days attendance to each meeting of the commission, or if engaged in the official business of the legislative counsel bureau, the members of the legislative commission shall receive a salary of [$25] $40 and the per diem allowance and travel expenses provided by law.
2. An alternative member of the legislative commission who replaces a regular member at a meeting of the commission or on official business of the legislative counsel bureau is entitled to receive the same salary and expenses as a regular member for the same service. An alternate member who attends a meeting of the commission but does not replace a regular member is entitled to the travel expenses provided by law.
Sec. 3. NRS 218.682 is hereby amended to read as follows:
218.682 The legislative commission may:
1. Carry forward the participation of the State of Nevada as a member of the Council of State Governments [,] and the National Conference of State Legislatures, and may pay annual dues to such [organization] organizations out of the legislative fund. The legislative commission is designated as Nevadas commission on interstate cooperation.
2. Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government, and with local units of government.
3. Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of such delegations and committees shall be designated by the members of the legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of such delegations and committees shall serve without salary, but they shall receive out of the legislative fund the per diem expense allowance and travel expenses as provided by law.
κ1975 Statutes of Nevada, Page 297 (CHAPTER 241, SB 358)κ
legislative fund the per diem expense allowance and travel expenses as provided by law.
4. Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information, and any other suitable process.
5. Establish such subcommittees and interim or special committees as official agencies of the legislative counsel bureau as may be deemed advisable to deal with governmental problems, important issues of public policy and questions of statewide interest. The membership of such subcommittees and interim or special committees shall be designated by the members of the legislative commission and may consist of members of the legislative commission and legislators other than members of the commission, employees of the State of Nevada or citizens of the State of Nevada. Members of such subcommittees and interim or special committees who are not legislators shall serve without salary, but they shall receive out of the legislative fund the per diem expense allowances and travel expenses as provided by law. [Except as provided in NRS 218.680, members] Members of such subcommittees and interim or special committees who are legislators shall receive out of the legislative fund a salary of [$25] $40 a day for each days attendance and the per diem expense allowances and travel expenses as provided by law.
6. Supervise the functions assigned to the divisions of the bureau in this chapter.
Sec. 4. NRS 233A.080 is hereby amended to read as follows:
233A.080 Commissioners who are not in the regular employ of the State of Nevada shall receive a salary of [$25] $40 for time actually spent on the work of the commission, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the rate provided by law. Commissioners who are in the regular employ of the state shall receive no salary, but shall receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the rate provided by law in lieu of other provisions made by law for reimbursement of their expenses as state employees. Claims for payment of all expenses incurred by the commission, including the salaries and expenses of its commissioners, shall be made on vouchers and paid as other claims against the state are paid.
Sec. 5. NRS 233E.060 is hereby amended to read as follows:
233E.060 Members of the commission shall receive a salary of [$25] $40 per day for attendance at meetings of the commission and are entitled to receive travel expenses and subsistence allowances as provided by law.
Sec. 6. NRS 284.045 is hereby amended to read as follows:
284.045 While engaged in official business of the personnel division, the members of the commission shall receive a salary of [$20] $40 per day and the per diem expense allowance and travel expenses as provided by law.
κ1975 Statutes of Nevada, Page 298 (CHAPTER 241, SB 358)κ
Sec. 7. NRS 315.980 is hereby amended to read as follows:
315.980 Each commissioner shall receive compensation of [$20] $40 per day for attendance at meetings of the authority and the per diem expense allowance and travel expenses as provided by NRS 281.160.
Sec. 8. NRS 355.020 is hereby amended to read as follows:
355.020 The two members appointed by the governor shall each receive [$25] $40 per day for their services while actually engaged in the performance of their duties as members of the board, and shall also be entitled to traveling and necessary expenses incurred in the performance of such duties.
Sec. 9. NRS 381.070 is hereby amended to read as follows:
381.070 Trustees shall receive [$20] $40 per day or portion thereof as compensation for attending meetings of the trustees, plus travel expenses and subsistence allowances as provided in NRS 281.160.
Sec. 10. NRS 382.013 is hereby amended to read as follows:
382.013 Trustees shall receive [$20] $40 for each day or portion thereof as compensation for attending meetings of the trustees, plus travel expenses and subsistence allowances as provided in NRS 281.160.
Sec. 11. NRS 422.130 is hereby amended to read as follows:
422.130 For each days attendance at each meeting of the board, each member of the board shall receive a salary of [$25] $40 per day and the per diem expense allowance and travel expenses as fixed by law.
Sec. 12. NRS 439.080 is hereby amended to read as follows:
439.080 Each appointive member of the state board of health shall receive the sum of [$20] $40 per day while attending meetings of the board, together with traveling expenses and subsistence allowances pursuant to the provisions of NRS 281.160 while engaged in the performance of his official duties.
Sec. 13. NRS 467.055 is hereby amended to read as follows:
467.055 1. Members of the commission, when authorized by the chairman, shall receive as compensation [$25] $40 for each full-day commission meeting.
2. The executive secretary of the commission shall be in the unclassified service of the state and shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182, and he shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
3. Each inspector for the commission shall receive for the performance of his duties a fee approved by the commission.
Sec. 14. NRS 489.240 is hereby amended to read as follows:
489.240 Each member of the commission receives:
1. A salary of not more than [$25] $40 per day, as fixed by the commission, while engaged in the business of the commission; and
2. Per diem allowance and travel expenses as provided by law.
Sec. 15. NRS 501.135 is hereby amended to read as follows:
501.135 1. Members of the state board are entitled to receive [$25] $40 per day while performing official duties for the state board, plus the per diem allowance and travel expenses provided by law.
2. Compensation and expenses shall be paid from the fish and game fund.
κ1975 Statutes of Nevada, Page 299 (CHAPTER 241, SB 358)κ
Sec. 16. NRS 501.179 is hereby amended to read as follows:
501.179 1. Members of the commission are entitled to receive [$25] $40 per day while performing official duties for the commission, plus the per diem allowance and travel expenses provided by law.
2. Compensation and expenses shall be paid from the fish and game fund.
Sec. 17. NRS 538.101 is hereby amended to read as follows:
538.101 1. While engaged in official business of the commission, each commissioner shall be allowed $40 per day compensation and the per diem expense allowance and travel expenses provided by law.
2. The administrator shall certify all bills and claims for compensation, per diem expense allowances and travel expenses of the commissioners, and shall file the same with the state board of examiners for its action. Such bills and claims shall be paid from the Colorado River resources fund.
Sec. 18. NRS 538.320 is hereby amended to read as follows:
538.320 1. Commissioners who are not in the regular employ of the State of Nevada shall receive a [per diem allowance of $15] salary of $40 per day for time actually spent on the work of the commission, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate, except when a commissioner is employed by the commission to render special, technical or professional services, in which event such commissioner shall receive fees and expenses commensurate with the service rendered.
2. Commissioners who are in the regular employ of the state shall receive no per diem allowances, but shall receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate in lieu of other provisions made by law for reimbursement of their expenses as state employees.
Sec. 19. NRS 538.450 is hereby amended to read as follows:
538.450 1. Commissioners who are not in the regular employ of the State of Nevada shall receive a [per diem allowance of $15] salary of $40 per day for time actually spent on the work of the commission, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate.
2. Commissioners who are in the regular employ of the state shall receive no per diem allowance, but shall receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate in lieu of other provisions made by law for reimbursement of their expenses as state employees.
3. Claims for payment of all expenses incurred by the Columbia Basin interstate compact commission of the State of Nevada, including the [per diem allowances] salary and expenses of its commissioners, shall be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.
Sec. 20. NRS 561.075 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 300 (CHAPTER 241, SB 358)κ
561.075 While engaged in official business of the department, the members of the board shall receive:
1. Salaries not exceeding [$25] $40 per day for each member attending meetings or performing other official business, such sums to be apportioned and paid from any funds available to the department.
2. The per diem expense allowance and travel expenses as provided by law.
Sec. 21. NRS 584.445 is hereby amended to read as follows:
584.445 1. Each member of the commission shall receive a salary of not more than [$25] $40 per day, as fixed by the commission, while engaged in the business of the commission.
2. Each member of the commission shall receive the per diem expense allowance and travel expenses as fixed by law while engaged in the business of the commission.
3. The commission may expend in accordance with law all moneys now or hereafter made available for its use.
Sec. 22. NRS 610.080 is hereby amended to read as follows:
610.080 1. Each member of the state apprenticeship council shall receive a salary of [$25] $40 per day while attending state apprenticeship council meetings.
2. All members of the state apprenticeship council and the state director of apprenticeship shall be allowed their necessary travel and living expenses while attending state apprenticeship council meetings away from their respective places of residence. Such expenses shall be paid at the same rate and in the same manner as other state officers like expenses are paid.
Sec. 23. NRS 612.305 is hereby amended to read as follows:
612.305 1. To assure an impartial development of administrative policies within the employment security department, there is hereby created the Nevada employment security council.
2. The employment security council shall consist of nine men and women appointed by the governor, and shall consist of an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment or affiliations, and of such members representing the general public as the governor may designate.
3. The terms of office of the members of the employment security council shall be 4 years each, but the terms of four of the members first appointed shall be 2 years each.
4. The governor may, in his discretion, remove any member of the employment security council for cause.
5. Members of the employment security council shall be paid at the rate of [$25] $40 per day of actual service, and shall receive traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.
6. Regular meetings of the employment security council shall be held twice in each calendar year. Special meetings, not to exceed six in number during any calendar year, may be held at the call of the chairman.
7. The executive director shall be an ex officio member of the employment security council and shall be secretary thereof. The secretary shall receive no compensation for his services on the employment security council, but he shall be reimbursed for his necessary traveling and other expenses.
κ1975 Statutes of Nevada, Page 301 (CHAPTER 241, SB 358)κ
council, but he shall be reimbursed for his necessary traveling and other expenses.
Sec. 24. NRS 612.315 is hereby amended to read as follows:
612.315 1. To assist the employment security department in accomplishing the objective of providing an effective farm placement service to agricultural workers, employers and the continuing needs of industry, the employment security department is committed to maintaining a state farm labor advisory council.
2. The state farm labor advisory council shall consist of five members who shall include representatives of substantial commodity interests so that the problems peculiar to each commodity group will be considered in state planning and administration. The members shall be appointed by the governor for terms of 4 years each.
3. The members of the state farm labor advisory council shall be paid at the rate of [$25] $40 per day of actual service, and shall receive traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.
4. An annual meeting of the state farm labor advisory council shall be held and special meetings may be held at the call of the chairman.
5. The executive director shall be an ex officio member of the state farm labor advisory council and shall be secretary thereof.
Sec. 25. NRS 612.325 is hereby amended to read as follows:
612.325 1. There shall be created a board of review consisting of three members appointed by the governor for terms of 4 years each. One member shall be representative of labor, one member shall be representative of employers and one member shall be representative of the public.
2. Vacancies shall be filled by appointments by the governor for the unexpired terms.
3. The governor may, at any time after notice and hearing, remove any member of the board of review for cause.
4. Each member shall be paid from the unemployment compensation administration fund at the rate of [$25] $40 per day of active service, and shall receive traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.
Sec. 26. NRS 612.490 is hereby amended to read as follows:
612.490 1. To hear and decide appealed claims, the board of review shall appoint one or more impartial appeal tribunals consisting in each case of either a salaried examiner, selected in accordance with NRS 612.230, or a body consisting of three members, one of whom shall be a salaried examiner and who shall serve as chairman, one of whom shall be a representative of employers and the other of whom shall be a representative of employees. Each of the latter two members shall serve at the pleasure of the board of review and each shall be paid a fee of not more than [$25] $40 per day of active service on such tribunal, plus traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.
2. No person shall participate on behalf of the executive director or the board of review in any case in which he is an interested party.
3. The board of review may designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. The chairman shall act alone in the absence or disqualification of any other member and his alternates.
κ1975 Statutes of Nevada, Page 302 (CHAPTER 241, SB 358)κ
chairman shall act alone in the absence or disqualification of any other member and his alternates.
4. In no case shall a hearing proceed unless the chairman of the appeal tribunal is present.
5. The executive director shall provide the board of review and such appeal tribunal with proper facilities and assistants for the execution of their functions.
Sec. 27. NRS 618.595 is hereby amended to read as follows:
618.595 Each member of the review board is entitled to reasonable travel expenses and subsistence allowances as provided by law, and compensation of [$30] $40 per day or portion thereof, for attendance at meetings of the board.
Sec. 28. NRS 623.070 is hereby amended to read as follows:
623.070 1. Each member of the board shall receive from the funds of the board:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
2. The secretary and treasurer of the board shall be paid a salary out of the funds of the board in an amount to be determined by the board.
Sec. 29. NRS 624.140 is hereby amended to read as follows:
624.140 If and when moneys shall become available from the operations of this chapter and payments made for licenses, the board shall have power to pay therefrom:
1. The expenses of the operations of this chapter, including the maintenance of offices.
2. The salary of a secretary of the board who shall be named by the board.
3. A salary to each member of the board of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
4. Actual expenses of each member of the board for subsistence and lodging, not to exceed $25 per day, and actual expenses of each member for transportation, while traveling on business of the board.
Sec. 30. NRS 625.110 is hereby amended to read as follows:
625.110 1. The board shall elect one of its members as chairman and one of its members as secretary. The chairman and secretary shall each serve 2 years.
2. At any meeting, four members shall constitute a quorum.
3. Each member shall receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
4. Any state employee who may be appointed to serve on the board shall receive compensation as herein provided for such service in addition to any other salary or compensation he receives from the state for other services.
κ1975 Statutes of Nevada, Page 303 (CHAPTER 241, SB 358)κ
Sec. 31. NRS 626.090 is hereby amended to read as follows:
626.090 Each member of each district examining board, except the chairman, shall receive [$10] $40 per day and actual expenses of transportation while engaged in examining applicants for licenses. Such compensation and expenses shall be paid out of the hoisting engineers license fund in the same manner as other claims against the state are paid.
Sec. 32. (Deleted by amendment.)
Sec. 33. NRS 630.110 is hereby amended to read as follows:
630.110 1. Out of the funds coming into the possession of the board, each member of the board shall receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Reimbursement for his actual and necessary expenses incurred in the performance of his duties, as provided in this chapter.
2. Expenses shall be paid from the fees received by the board under the provisions of this chapter, and no part of the salaries or expenses of the board shall be paid out of the general fund of the state treasury.
3. All moneys received by the board shall be deposited in banks and savings and loan associations in the State of Nevada, and shall be paid out on its order for its expenses and the expenses of the members.
Sec. 34. NRS 631.180 is hereby amended to read as follows:
631.180 1. Each member of the board shall receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation while traveling on business of the board.
2. The board shall deposit in banks or savings and loan associations in the State of Nevada all fees which it receives.
3. All expenses of the board shall be paid from the fees received by the board, and no part thereof shall be paid from the general fund of the state treasury.
Sec. 35. NRS 632.080 is hereby amended to read as follows:
632.080 The compensation of the members of the board shall be fixed by the board, but shall not exceed the sum of [$25] $40 for each day spent by each member in the discharge of his official duties. The members of the board shall receive travel expenses and subsistence allowances in the performance of their duties as provided by NRS 281.160. All such sums shall be paid pursuant to the provisions of NRS 632.090.
Sec. 36. NRS 633.020 is hereby amended to read as follows:
633.020 1. The state board of osteopathy consisting of three members shall be appointed by the governor. Members of the board shall be appointed from persons who hold licenses under this chapter or any preceding act regulating the practice of osteopathy in this state.
2. Members of the board shall be appointed for a term of 3 years and they shall hold office until the appointment and qualification of their successors.
3. The terms of the members of the board in office when this chapter takes effect shall expire as follows: One on July 1, 1957; one on July 1, 1958; and one on July 1, 1959. The term of each member shall expire in the same relative order as the term for which he holds office before this chapter takes effect.
κ1975 Statutes of Nevada, Page 304 (CHAPTER 241, SB 358)κ
in the same relative order as the term for which he holds office before this chapter takes effect.
4. Vacancies occurring shall be filled by appointment for the unexpired term.
5. 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, and shall, in addition, make oath that he is a legally qualified practitioner of osteopathy in this state.
6. Each member of the board shall receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
7. The board shall elect from its members a president, vice president and secretary-treasurer, who shall hold office at the pleasure of the board, and may fix and pay a salary to the secretary-treasurer.
8. The board may employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
9. The board may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
Sec. 37. NRS 634.025 is hereby amended to read as follows:
634.025 Each member of the board shall receive:
1. A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
2. Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 38. NRS 634A.050 is hereby amended to read as follows:
634A.050 Each member of the board shall receive:
1. A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
2. Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 39. NRS 635.020 is hereby amended to read as follows:
635.020 1. There is hereby established a state board of podiatry for the State of Nevada. The board shall consist of three members to be selected from registered and licensed podiatrists of the State of Nevada. Each member shall be appointed by the governor for a term of 4 years, except that the terms of the first appointees shall be from 1 to 4 years, respectively, as specified by the governor at the time of the appointment.
2. The members of the board shall receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on the business of the board.
Sec. 40. NRS 636.075 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 305 (CHAPTER 241, SB 358)κ
636.075 1. A member shall be entitled to receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
2. Compensation and expenses of members shall be payable out of the funds derived from fees, fines and penalties paid or transmitted to the board under provisions of this chapter and no part thereof shall ever be paid out of the state treasury.
Sec. 41. NRS 637.045 is hereby amended to read as follows:
637.045 Each member of the board shall receive:
1. A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
2. Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 42. NRS 638.040 is hereby amended to read as follows:
638.040 1. Members of the board shall receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses of transportation, while traveling on business of the board.
2. Salaries and expenses shall be paid insofar as the moneys received from licenses are sufficient therefor, but not otherwise.
Sec. 43. NRS 639.050 is hereby amended to read as follows:
639.050 1. The board shall hold a meeting at least once in every 6 months.
2. Three members of the board shall constitute a quorum.
3. All meetings of the board shall be open to the public, except for executive sessions which are held to deliberate on the decision in an administrative action or to prepare, grade or administer examinations.
4. Each member of the board shall receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 44. NRS 640.045 is hereby amended to read as follows:
640.045 Each member of the board shall receive:
1. A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
2. Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 45. NRS 641.140 is hereby amended to read as follows:
641.140 1. A member of the board shall be entitled to receive as compensation the sum of [$15] $40 for each day actually spent in the performance of his duties as such, and shall also be entitled to receive his necessary actual expenses in going to, attending and returning from meetings.
κ1975 Statutes of Nevada, Page 306 (CHAPTER 241, SB 358)κ
necessary actual expenses in going to, attending and returning from meetings.
2. Compensation and expenses of members shall be payable out of the funds derived from fees, fines and penalties paid or transmitted to the board under provisions of this chapter, and no part thereof shall ever be paid out of the state treasury.
Sec. 46. NRS 641A.200 is hereby amended to read as follows:
641A.200 1. A member of the board shall be entitled to receive as compensation the sum of [$25] $40 for each day actually spent in the performance of his duties as such, and shall also be entitled to receive his necessary actual expenses in going to, attending and returning from meetings.
2. Compensation and expenses of members shall be payable out of funds derived from fees and penalties paid or transmitted to the board under provisions of this chapter, and no part thereof shall ever be paid out of the state treasury.
Sec. 47. NRS 642.030 is hereby amended to read as follows:
642.030 1. Before entering upon their duties the members of the board shall respectively take and subscribe to the oath required by other state officers. The secretary of state is authorized to administer the oath, and each oath shall be filed in his office.
2. The members of the board shall receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 48. NRS 643.030 is hereby amended to read as follows:
643.030 1. The board shall elect a president. No person shall serve as president for more than 4 consecutive years.
2. The board shall elect a vice president.
3. The board shall elect a secretary-treasurer, who may or may not be a member of the board. The board shall fix the salary of the secretary-treasurer, which shall not exceed the sum of $1,200 per year.
4. Each officer and member of the board shall be entitled to receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
5. The secretary-treasurer shall:
(a) Keep a record of all proceedings of the board.
(b) Give to the state a bond in the sum of $2,000, with sufficient sureties, for the faithful performance of his duties. The bond shall be approved by the board.
Sec. 49. NRS 644.070 is hereby amended to read as follows:
644.070 1. The board shall hold meetings for the examination of applicants for registration and for the transaction of such other business as shall pertain to its duties at least four times a year.
2. The board may hold such other meetings for the examination of applicants for registration or for the transaction of necessary business as, in its judgment, may be required, at such times and places as it may determine.
κ1975 Statutes of Nevada, Page 307 (CHAPTER 241, SB 358)κ
in its judgment, may be required, at such times and places as it may determine.
3. The members of the board shall each receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
4. All such compensation and expenses shall be paid by the board out of the funds received by it, and no part thereof shall be paid by the state.
Sec. 50. NRS 645.140 is hereby amended to read as follows:
645.140 1. All fees and charges received by the real estate division, except the fees for each real estate brokers examination and the fees for each real estate salesmans examination, shall be deposited in the general fund in the state treasury. The fees received by the real estate division for each real estate brokers and real estate salesmans examination shall be retained by the real estate division to pay the costs of examining the applicants, and any surplus shall be deposited in the general fund in the state treasury. Funds for the support of the real estate division shall be provided by direct legislative appropriation, and shall be paid out on claims as other claims against the state are paid.
2. Each member of the commission shall receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the commission, while engaged in the business of the commission.
(b) Per diem allowance and travel expenses as provided by law.
Sec. 51. 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 a rate of compensation is established for any board or commission member less than $40 per day, substitute $40.
________
Assembly Bill No. 470Assemblymen Brookman, Mello, Dini, Dreyer, Robinson, Wittenberg, Glover, Howard, Weise, Ashworth, Banner, Benkovich, Schofield, Ford, Coulter, Wagner, Lowman, Jacobsen, Vergiels, Jeffrey, Polish, Harmon, Demers, Hayes, Craddock, Sena, Chaney, Mann, Bennett, Price and Getto
CHAPTER 242
AN ACT making appropriation from the general fund in the state treasury to the aging services division of the department of human resources for the purpose of distributing state funds to nonprofit organizations for programs for the aged in Nevada; and providing other matters properly relating thereto.
[Approved April 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 aging services division of the department of human resources the sum of $75,000 for the purpose of distributing these funds, under procedures established by the division, to nonprofit sponsoring organizations in Nevada to use to match federal funds for programs for the aged in Nevada.
κ1975 Statutes of Nevada, Page 308 (CHAPTER 242, AB 470)κ
human resources the sum of $75,000 for the purpose of distributing these funds, under procedures established by the division, to nonprofit sponsoring organizations in Nevada to use to match federal funds for programs for the aged in Nevada.
Sec. 2. 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. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 319Committee on Judiciary
CHAPTER 243
AN ACT relating to handicapped persons; requiring interpreters for certain handicapped persons in civil and criminal proceedings; providing for their qualification and compensation; providing for other means of communication; and providing other matters properly relating thereto.
[Approved April 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 50 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. As used in sections 2 to 4, inclusive, of this act, unless the context requires otherwise:
1. Handicapped person means a person who, because he is deaf, mute or has a physical speaking impairment, cannot readily understand or communicate in the English language or cannot understand the proceedings.
2. Interpreter means a person who is readily able to communicate with the handicapped person, translate the proceedings for him and accurately repeat and translate the statements of the handicapped person to the court or magistrate.
Sec. 3. In all proceedings in which a handicapped person appears as a witness, the court or magistrate shall appoint an interpreter to interpret the proceedings to the handicapped person and to interpret the testimony of the handicapped person to the court or magistrate.
Sec. 4. 1. The court or magistrate shall fix a reasonable compensation for the services and expenses of the interpreter appointed pursuant to section 3 of this act.
2. Compensation which is a county charge shall be paid by the county treasurer out of moneys in the county treasury not otherwise appropriated, upon the certificate of the judge or magistrate that the qualified interpreter has performed the services required and incurred the expenses claimed.
Sec. 5. Chapter 171 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 9, inclusive, of this act.
Sec. 6. As used in sections 6 to 9, inclusive, of this act, unless the context requires otherwise:
κ1975 Statutes of Nevada, Page 309 (CHAPTER 243, SB 319)κ
1. Handicapped person means a person who, because he is deaf, mute or has a physical speaking impairment, cannot readily understand or communicate in the English language or cannot understand the proceedings.
2. Interpreter means a person who is readily able to communicate with the handicapped person, translate the proceedings for him and accurately repeat and translate the statements of the handicapped person during the proceedings.
Sec. 7. Upon the arrest of a handicapped person and before his interrogation or the taking of his statement, the arresting officer shall make an interpreter available to the handicapped person.
Sec. 8. When a handicapped person is detained in custody, the detaining authority shall make available to him reasonable means of communication, at least pencil and paper and at least two envelopes and first-class postage stamps. If the handicapped person so requests, the proper officer of the detaining authority shall make on his behalf the same number and kind of telephone calls which a person arrested is permitted by law or custom to make for himself, and shall mail any letters written by the handicapped person.
Sec. 9. 1. The rights to interpretation and communication provided in sections 7 and 8 of this act may not be waived except knowingly and voluntarily by the handicapped person by a written statement indicating his desire not to be so assisted. At any time from arrest to the termination of any custody, the handicapped person may retract his waiver by indicating his desire to be so assisted.
2. Unless there is a waiver under this section, there shall be no interrogation or taking of the statement of a handicapped person without the assistance of an interpreter.
Sec. 10. NRS 18.010 is hereby amended to read as follows:
18.010 1. The compensation of any attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his clients cause of action or counterclaim which attaches to a verdict, report, decision or judgment in his clients favor and the proceeds thereof in whosesoever hands they may come, and cannot be affected by any settlement between the parties before or after judgment. There shall be allowed to the prevailing party in any action, or special proceeding in the nature of an action, in the supreme court and district courts, his costs and necessary disbursements in the action or special proceeding, including:
(a) Clerks fees.
(b) Costs of depositions obtained by the prevailing party and used by him at the trial.
(c) Jury fees as provided in NRS 6.150.
(d) Witness fees as provided in NRS 50.225 [.] , and a reasonable fee of an interpreter not to exceed $250.
2. The court may allow to the prevailing party the fees of not more than three expert witnesses in an amount not to exceed $250 for each witness.
3. The court may make an allowance of attorneys fees to:
κ1975 Statutes of Nevada, Page 310 (CHAPTER 243, SB 319)κ
(a) The plaintiff as prevailing party when the plaintiff has not recovered more than $10,000; or
(b) The counterclaimant as prevailing party when he has not recovered more than $10,000; or
(c) The defendant as prevailing party when the plaintiff has not sought recovery in excess of $10,000.
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Senate Bill No. 184Committee on Finance
CHAPTER 244
AN ACT relating to district judges; increasing the monthly benefit payable to the surviving spouse of a district judge who had qualified for a state pension.
[Approved April 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 3.095 is hereby amended to read as follows:
3.095 1. If a district judge at the time of his or her death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his or her death [he] the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, [his widow,] the surviving spouse, providing [she] such spouse has attained the age of 65 years, [shall be] is entitled, until his or her death or remarriage, to receive the sum of [$350] $400 per month.
2. To be entitled to receive the benefits herein provided for, the [widow] surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable rules and regulations to be adopted for the purpose of carrying out the intent of this section.
3. It is the intent of this section that no special fund be created for the purpose of paying the benefits herein required to be made, and any and all payments made under the provisions of this section are specifically directed to be made out of and charged to any fund now or hereafter created for the purpose of paying pension benefits to district judges.
________
κ1975 Statutes of Nevada, Page 311κ
Senate Bill No. 351Senator Blakemore
CHAPTER 245
AN ACT relating to insignia and names of organizations; authorizing labor organizations to register their names and insignia; and protecting such registrations by restricting other associations or organizations from registering similar names and insignia.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 601.050 is hereby amended to read as follows:
601.050 Any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans organization, labor union, labor organization, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary thereof, whether incorporated or unincorporated, the principles and activities of which are not repugnant to the constitution and laws of the United States or this state, may register in the office of the secretary of state a facsimile, duplicate or description of its name, badge, motto, button, decoration, charm, emblem, rosette or other insignia, and may, by reregistration, alter and cancel the same.
Sec. 2. NRS 601.060 is hereby amended to read as follows:
601.060 1. Application for registration, alteration or cancellation shall be made by the chief officer or officers of the association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans organization, labor union, labor organization, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary thereof, upon blanks to be provided by the secretary of state.
2. Registration shall be for the use, benefit, and on behalf of all associations, degrees, branches, subordinate lodges, and auxiliaries of the association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans organization, labor union, labor organization, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary thereof, and the individual members and those hereafter to become members thereof, throughout this state.
Sec. 3. NRS 601.100 is hereby amended to read as follows:
601.100 No registration shall be granted or alteration permitted to any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans organization, labor union, labor organization, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary thereof, having a name, badge, motto, button, decoration, charm, emblem, rosette or other insignia similar to, imitating, or so nearly resembling as to be calculated to deceive, any other name, badge, button, decoration, charm, emblem, rosette or other insignia whatsoever, already registered pursuant to the provisions of NRS 601.050 to 601.110, inclusive.
________
κ1975 Statutes of Nevada, Page 312κ
Assembly Bill No. 448Committee on Education
CHAPTER 246
AN ACT relating to school districts; authorizing agreements with the University of Nevada System for use of university students as student teachers in the public schools; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A school district may enter into an agreement with a division of the University of Nevada System for the assignment of university students for training purposes as student teachers, counselors or library trainees, or for teaching laboratory experiences. University students so assigned within the school district for training purposes are authorized, under the direction and supervision of a certificated teacher, to instruct and supervise children in the school, on the school grounds or on authorized field trips. The university students so assigned shall be considered employees of the school district for purposes of NRS 41.038 and NRS 41.039, while performing such authorized duties, whether or not such duties are performed entirely in the presence of the certificated teacher.
________
Assembly Bill No. 471Committee on Ways and Means
CHAPTER 247
AN ACT extending availability of previous appropriation from state general fund for the commission on crimes, delinquency and corrections.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The appropriation in section 38 of chapter 769, Statutes of Nevada 1973, to the commission on crimes, delinquency and corrections for the support of federal grant operations for the fiscal year 1973-74 is available for obligation and expenditure from July 1, 1973, through June 30, 1975. The appropriation in section 38 of chapter 769, Statutes of Nevada 1973, to the commission on crimes, delinquency and corrections for the support of federal grant operations for the fiscal year 1974-75 is available for obligation and expenditure from July 1, 1974, through June 30, 1976.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 313κ
Assembly Bill No. 354Assemblymen Chaney, Price and Bennett
CHAPTER 248
AN ACT relating to constables; increasing the fees allowed for constables services, including mileage.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 258.125 is hereby amended to read as follows:
258.125 1. Constables shall be allowed the following fees for their services:
For serving summons or other process by which suit is commenced in civil cases.................................................................... [$1.50] $3.00
For summoning a jury before a justice of the peace....... [3.00] 4.00
For taking a bond or undertaking...................................... [1.50] 2.00
For serving an attachment against the property of a defendant [3.00].......................................................................................... 4.00
For serving subpenas, for each witness........................... [1.50] 2.00
For a copy of any writ, process or order or other paper, when demanded or required by law, per folio.......................................... [.30] 1.00
For drawing and executing every constables deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof [7.50]........................................................................................ 10.00
For each certificate of sale of real property under execution [1.50] 2.00
For levying any execution, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons........................................................................ [3.00] 4.00
For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper [3.00].......................................................................................... 4.00
For mileage in serving summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only........................................... .50
But when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction.
For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only........................................................................... .50
But mileage shall not exceed $10 for any unsuccessful effort to serve such process.
2. A constable shall also be allowed:
κ1975 Statutes of Nevada, Page 314 (CHAPTER 248, AB 354)κ
(a) For receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the writ or order, upon the affidavit of the constable that such charges are correct and the expenses necessarily incurred.
(b) For collecting all sums on execution or writ, to be charged against the defendant, 2 percent thereof.
(c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.
3. Deputy sheriffs acting as constables shall not be entitled to retain for their own use any fees collected by them, but the same shall be paid into the county treasury on or before the 5th day of the month next succeeding the month in which the fees were collected.
4. Constables shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
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Assembly Bill No. 350Committee on Ways and Means
CHAPTER 249
AN ACT authorizing the budget division of the department of administration to transfer $48,000 from the highway fund salary adjustment account to the department of motor vehicles administrative services account; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The budget division of the department of administration is hereby authorized to transfer $48,000 from the highway fund salary adjustment account to the department of motor vehicles administrative services account in order to offset the increased costs of operation for the fiscal period July 1, 1974, to June 30, 1975.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 315κ
Assembly Bill No. 325Committee on Transportation
CHAPTER 250
AN ACT relating to funds for the implementation of engine emission control programs; crediting back to the state highway fund the amount appropriated therefrom for such purposes; removing the requirement that fees collected in operation of such programs be credited back to the state highway fund at the end of each biennium; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 445.700 is hereby amended to read as follows:
445.700 1. In areas of the state where and at such times as a program of implementation is commenced pursuant to NRS 445.630 to 445.670, inclusive, the following fees shall be paid to the department of motor vehicles and deposited in the state treasury:
(a) For the issuance and annual renewal of license for an authorized station............................................................................................................ $25;
(b) For each set of 25 forms certifying emission control compliance.. 50.
2. All fees collected and deposited in the state treasury pursuant to subsection 1 of this section shall be held in trust as a credit to the department of motor vehicles to be withdrawn by that department as needed to implement NRS 445.610 to 445.710, inclusive. [Any moneys held in trust pursuant to this subsection, unused upon June 30, 1975, and upon June 30 of each second year thereafter, shall be credited to the state highway fund.]
3. The department of motor vehicles may prescribe by regulation routine inspection fees at the prevailing shop labor rate, including maximum charges for such fees, and for the posting of such fees in a conspicuous place at the authorized station.
Sec. 2. The sum of $17,405, appropriated from the state highway fund pursuant to the provisions of section 17 of chapter 784, Statutes of Nevada 1973, shall be credited back to the state highway fund.
________
κ1975 Statutes of Nevada, Page 316κ
Assembly Bill No. 281Assemblyman Dreyer
CHAPTER 251
AN ACT relating to the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources; relieving the legislative auditor of the function of auditing certain groups which contract with the bureau; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 458.080 is hereby amended to read as follows:
458.080 The bureau may, by contracting with organized groups, render partial financial assistance in the operation of facilities established by these groups. Each such contract shall contain a provision allowing [the legislative auditor to perform] for an audit of all accounts, books and other financial records of the organization with which the agency contracts.
________
Assembly Bill No. 206Committee on Ways and Means
CHAPTER 252
AN ACT making an additional and supplemental appropriation from the general fund in the state treasury for the support of the Nevada state council on the arts; and providing other matters properly relating thereto.
[Approved April 24, 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 $2,518 for the support of the Nevada state council on the arts as an additional and supplemental appropriation to that allowed and made by section 30 of chapter 769, Statutes of Nevada 1973.
Sec. 2. After June 30, 1975, 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.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 317κ
Assembly Bill No. 62Committee on Taxation
CHAPTER 253
AN ACT relating to the taxation of mines; adding definitions of terms; providing for payment of costs in examining records kept outside the state; revising amounts and procedures for penalties imposed for failure to file required statements; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 362.010 is hereby amended to read as follows:
362.010 As used in [NRS 362.010 to 362.090, inclusive, patented] this chapter, unless the context otherwise requires:
1. Mine or mining location means an excavation in the earth from which ores, coal or other mineral substances are extracted, or a subterranean natural deposit of minerals located and identified as such by the staking of a claim or other method recognized by law.
2. Patented mine means each separate, whole or fractional patented mining location, whether such whole or fractional mining location is covered by an independent patent or is included under a single patent with other mining locations.
Sec. 2. NRS 362.050 is hereby amended to read as follows:
362.050 The affidavit of labor required by NRS [362.010] 362.020 to 362.090, inclusive, shall describe particularly the work performed, upon what portion of the mine, and when and by whom done, and may be substantially in the following form:
State of Nevada
County of...............................................
}ss.
....................................................., being duly sworn, deposes and says: That development work worth at least $100 was performed upon the ......................... patented mine, situated in the ......................... Mining District, County of ........................., State of Nevada, during the federal mining assessment work period ending within the year 19......... The work was done at the expense of ................................................, the owner (or one of the owners) of the patented mine, for the purpose of relieving the same from the tax assessment. It was performed by ........................., at about ............ feet in a ............ direction from the location monument, and was done between the ........ day of ............, 19......, and the ............ day of ............, 19......, and consisted of the following work:.......................................................................................
.......................................................................................................................................................
...................................................................
(Signature)
Subscribed and sworn to before me this .......... day of ..............., 19 ......
...............................................................
Notary Public (or other officer
authorized to administer oaths)
κ1975 Statutes of Nevada, Page 318 (CHAPTER 253, AB 62)κ
Sec. 3. NRS 362.200 is hereby amended to read as follows:
362.200 1. The Nevada tax commission [shall have the right and power] may at any time [to] examine the records of any person, partnership, association or corporation operating [any mine, and] or receiving royalties from any mine in this state. Such records shall be subject to examination at all times by the Nevada tax commission or its duly authorized agents and shall remain available for such examination for a period of 3 years from the date of any entry therein.
2. If any person, partnership, association or corporation operating a mine whose gross yield as reported to the Nevada tax commission for any semi-annual reporting period during the 3 years immediately preceding the examination was $50,000 or more keeps his books and records pertaining to such operation or royalties elsewhere than within the State of Nevada for examination as provided in subsection 1, the person, partnership, association or corporation shall pay an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which an examiner is actually engaged in examining the books, plus the actual expenses of that examiner during the time he is absent from Carson City, Nevada for the purpose of making such examination, but such time shall not exceed 1 day going to and 1 day coming from the place of examination. No more than one such examination shall be charged against a person, partnership, association or corporation in any 1 fiscal year.
3. The Nevada tax commission may hold hearings and summon and subpena witnesses to appear and testify upon any subject material to the determination of the net proceeds of mines. [2.] Such hearings may be held at such place or places as the Nevada tax commission shall designate, after not less than 10 days notice of the time and place of such hearing given in writing to the owner or operator of the mine. Such owner or operator shall be entitled, on request made to the secretary of the Nevada tax commission, to the issuance of the commissions subpena requiring witnesses in behalf of such owner or operator to appear and testify at such hearing.
[3.] 4. The failure of a witness to obey the subpena of the Nevada tax commission shall subject such witness to the same penalties as are or may be prescribed by law for failure to obey a subpena of a district court.
[4.] 5. Any member of the Nevada tax commission may administer oaths to witnesses.
________
κ1975 Statutes of Nevada, Page 319κ
Assembly Bill No. 28Assemblymen Dreyer, Lowman, Hayes, Craddock and Demers
CHAPTER 254
AN ACT to amend NRS 489.280, relating to the powers and duties of the state fire marshal in connection with mobile home and travel trailer standards, by providing for the adoption of minimum state standards on installation of mobile homes in mobile home parks.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 489.280 is hereby amended to read as follows:
489.280 The state fire marshal, with the approval of the commission:
1. Shall make and promulgate rules and regulations embodying the fundamental principles adopted, recommended or issued by:
(a) The American National Standards Institute (ANSI) standard A119.3 with respect to mobile home parks, standard A119.1 with respect to mobile homes, and standard A119.2 with respect to travel trailers; or
(b) The National Fire Protection Association (NFPA) standard 501A with respect to mobile home parks, standard 501B with respect to mobile homes and standard 501C with respect to travel trailers.
2. May make and promulgate rules and regulations embodying standards higher than those in paragraphs (a) and (b) of subsection 1 if the public health, welfare and safety require it.
3. May make and promulgate rules and regulations pertaining to the body and frame design and construction requirements and plumbing, heating and electrical systems of mobile homes and travel trailers manufactured prior to January 1, 1968, and may, make and promulgate rules and regulations pertaining to body and frame design and construction requirements for mobile homes and travel trailers constructed after January 1, 1968 but before July 1, 1973.
4. Shall make and promulgate rules and regulations allowing the issuance of insignia to manufacturers of mobile homes or travel trailers to be affixed by such manufacturers. Such rules shall provide for:
(a) In-plant inspections;
(b) Submission of plans and specifications;
(c) Remedies to dealers and consumers of mobile homes or travel trailers which do not comply with the applicable standard; and
(d) Revocation for cause, upon notice and hearing, of the right of a manufacturer to sell mobile homes or travel trailers in this state for use in this state.
5. Shall make and promulgate rules and regulations providing for:
(a) Fees for issuance of certificates and labels of compliance;
(b) Fees for plan checks;
(c) Fees for inspections of manufacturing plants;
(d) Fees for licenses for firms to issue labels of compliance; and
(e) Other fees for the services of the mobile home and travel trailer section.
________
κ1975 Statutes of Nevada, Page 320κ
Assembly Bill No. 119Committee on Transportation
CHAPTER 255
AN ACT relating to traffic laws; revising provisions on the use of certain equipment on authorized emergency vehicles and certain specified additional vehicles; prohibiting the use of such equipment on other vehicles; requiring drivers to stop upon signals by peace officers in certain readily identifiable vehicles; providing penalties; and providing other matters properly relating thereto.
[Approved April 24, 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:
1. Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable police or regulatory agency vehicle, when given a visual or audible signal to bring the vehicle to a stop is guilty of a misdemeanor.
2. The signal by the peace officer described in subsection 1 may be by flashing red lamp or siren.
3. As used in this section, regulatory agency means any of the agencies granted police or enforcement powers under the provisions of NRS 407.065, 481.048, 481.049, 501.349, 565.155, 706.181 and 706.8821.
Sec. 2. NRS 484.787 is hereby amended to read as follows:
484.787 1. Except as provided in NRS 484.789, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:
(a) A police or fire department.
(b) A sheriffs office.
(c) The Nevada highway patrol.
(d) A public ambulance agency.
(e) A public lifeguard or lifesaving agency.
2. A vehicle publicly maintained in whole or in part by the state, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriffs office or traffic law enforcement department, is an authorized emergency vehicle under the following conditions:
(a) When such vehicle has such a permit from the department of motor vehicles;
(b) Where such person operates such privately owned vehicle [so owned by him] in responding to emergency calls or fire alarms or highway patrol duty or operates such vehicle in the pursuit of actual or suspected violators of the law; and
(c) When the state, county or city does not furnish to such officer a publicly owned vehicle for the purposes stated in paragraph (b).
3. [When a vehicle is operated as an authorized emergency vehicle it shall display a flashing red light and an audible siren which have been approved by the department of motor vehicles.] Every authorized emergency vehicle shall be equipped with at least one flashing red warning lamp visible from the front and a siren for use as provided in this chapter, which lamp and siren shall be in compliance with standards approved by the department of motor vehicles.
κ1975 Statutes of Nevada, Page 321 (CHAPTER 255, AB 119)κ
lamp visible from the front and a siren for use as provided in this chapter, which lamp and siren shall be in compliance with standards approved by the department of motor vehicles. In addition, an authorized emergency vehicle may display revolving, flashing or steady red or blue warning lights to the front, sides or rear of the vehicle.
4. No person may operate a vehicle with any lamp or device thereon displaying a red light visible from directly in front of the center thereof, except an authorized emergency vehicle, a school bus or an official vehicle of a regulatory agency.
5. No person may operate a vehicle with any lamp or device displaying a blue light, except an authorized emergency vehicle.
6. As used in this section, regulatory agency means any of the agencies granted police or enforcement powers under the provisions of NRS 407.065, 481.048, 481.049, 501.349, 565.155, 706.181 and 706.8821.
________
Senate Bill No. 208Senator Herr
CHAPTER 256
AN ACT relating to blind persons; increasing the monthly allowance payable by the state to eligible blind persons.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 426.420 is hereby amended to read as follows:
426.420 1. If the welfare division of the department of human resources is satisfied that the applicant is entitled to aid under the provisions of NRS 426.010 to 426.500, inclusive, it shall, without delay, issue an order therefor.
2. [Until December 31, 1973, the amount of assistance granted for any aid to the blind recipient shall be determined in accordance with the rules and regulations made by the welfare division. At no time shall the annual average grant for eligible individuals covered by the program exceed the average grant amount authorized by the legislature. If federal matching funds are withdrawn from the program at any time, for any reason, the expenditures for all eligible recipients currently covered by the program shall not exceed the State of Nevadas share of the average grant as authorized by the legislature.
3. Beginning on January 1, 1974, an] An eligible blind person is entitled to receive, as aid from the state for his personal needs and shelter, a monthly allowance of [$215] $265 less:
(a) Any sum he receives from the Federal Government or through federal funds as a monthly benefit to the blind; and
(b) His accountable income from other sources, as defined under regulations of the welfare division.
[4.] 3. The aid granted under NRS 426.010 to 426.500, inclusive, shall be paid monthly, in advance, out of such funds as may be provided for that purpose.
________
κ1975 Statutes of Nevada, Page 322κ
Senate Bill No. 422Committee on Finance
CHAPTER 257
AN ACT to amend an act entitled, An Act making an appropriation from the general fund in the state treasury to the division of investigation and narcotics of the department of law enforcement assistance for the purpose of providing rewards to persons providing information leading to felony convictions of violators of Nevada laws on narcotics, controlled substances or dangerous drugs; and providing other matters properly relating thereto, approved April 5, 1973.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of the above-entitled act, being chapter 215, Statutes of Nevada 1973, at page 273, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 389Committee on Finance
CHAPTER 258
AN ACT making an appropriation from the state general fund to the administrator of the mental hygiene and mental retardation division of the department of human resources; and providing other matters properly relating thereto.
[Approved April 24, 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, pursuant to the provisions of NRS 433.537, the sum of $49,711 to be used and expended by the administrator of the mental hygiene and mental retardation division of the department of human resources for the purchase of contract services of out-of-state hospital facilities designed for the detention, care and treatment of the mentally disordered offender.
Sec. 2. After June 30, 1976, 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.
________
κ1975 Statutes of Nevada, Page 323κ
Senate Bill No. 294Committee on Judiciary
CHAPTER 259
AN ACT relating to crimes against the person; clarifying provisions relating to justifiable homicide by public officers.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 200.140 is hereby amended to read as follows:
200.140 Homicide is justifiable when committed by a public officer, or person acting under his command and in his aid, in the following cases:
1. In obedience to the judgment of a competent court.
2. When necessary to overcome actual resistance to the execution of the legal process, mandate or order of a court or officer, or in the discharge of a legal duty.
3. When necessary: [in]
(a) In retaking an escaped or rescued prisoner who has been committed, arrested for, or convicted of a felony; [or in]
(b) In arresting a person who has committed a felony and is fleeing from justice; [or in]
(c) In attempting, by lawful ways or means, to apprehend a person for a felony actually committed; or [in]
(d) In lawfully suppressing a riot or preserving the peace.
________
Senate Bill No. 292Committee on Finance
CHAPTER 260
AN ACT to amend an act entitled, An Act concerning the University of Nevada, Reno; authorizing the acquisition of certain specified facilities at such university, the issuance and sale of revenue bonds and other securities of the University of Nevada for such purpose, and the use and repayment of the receipts of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for the payment of such securities, the security therefor and other details in connection therewith; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with the university, such facilities, such securities, such revenues for their payment, securities proceeds, such other moneys, and pledges and liens pertaining thereto, including, without limitation, by reference to the University Securities Law; and providing other matters properly relating thereto, approved April 28, 1973.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6 of the above-entitled act, being chapter 680, Statutes of Nevada 1973, at page 1262, is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 324 (CHAPTER 260, SB 292)κ
Section 6. 1. The board, on the behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To construct and otherwise acquire an addition to, and otherwise to improve, the Jot Travis Student Union Building on the University of Nevada, Reno, campus, in an amount not exceeding $2,230,000;
(b) To issue bonds and other securities of the university, in a total principal amount of not exceeding $2,030,000 in one series or more at any time or from time to time but not after 5 years from the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, for the purpose of defraying wholly or in part the cost of the project, subject to the limitations in paragraph (a) of this subsection;
(c) To compensate the Student Health Services of the University of Nevada, Reno, for space acquired from it in the Jot Travis Student Union Building and to defray the costs thereof with any moneys available therefor, including, without limitation, proceeds of securities authorized by this act;
(d) To employ legal, fiscal and other expert services and to defray the costs thereof with any moneys available therefor, including, without limitation, proceeds of securities authorized by this act; and
[(d)] (e) 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.
________
Senate Bill No. 113Committee on Environment and Public Resources
CHAPTER 261
AN ACT relating to fish and game administration; permitting the temporary transfer of moneys to the fish and game fund in certain circumstances; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department shall periodically file with the budget division of the department of administration a certificate showing the number and amount of all vouchers submitted by the department to the Federal Bureau of Sport Fisheries and Wildlife for reimbursement of expenditures incurred in the administration of wildlife restoration or fish restoration and management projects pursuant to the federal acts enumerated in NRS 501.115 and 501.117.
κ1975 Statutes of Nevada, Page 325 (CHAPTER 261, SB 113)κ
in the administration of wildlife restoration or fish restoration and management projects pursuant to the federal acts enumerated in NRS 501.115 and 501.117.
2. Whenever claims payable from the fish and game fund and properly approved by the state board of examiners exceed the amount of money presently available in such fund, the department may, with the approval of the chief of the budget division or his designee, transfer temporarily from revenues received prior to June 30 of the year earned and deposited pursuant to subsection 2 of NRS 501.356, to the fish and game fund an amount sufficient to pay existing claims, but not to exceed the amount due from the Federal Government as shown by the vouchers declared to be in transit.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 111Committee on Environment and Public Resources
CHAPTER 262
AN ACT relating to the state department of agriculture; creating a division of administration within the department; providing for its organization, powers and duties; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 561.194 is hereby amended to read as follows:
561.194 1. The department shall consist of:
(a) The division of administration.
(b) The division of animal industry.
[(b)] (c) The division of brand inspection.
[(c)] (d) The division of plant industry.
[(d)] (e) Such other divisions as the executive director may from time to time establish.
2. The division of administration shall maintain a central recordkeeping system, keep personnel records of department employees and administer personnel rules, conduct the fiscal and auditing functions of the department and perform such other administrative services as are required by the department.
[2.] 3. The division of animal industry shall manage activities of the department pertaining to the protection and promotion of the livestock industry of the State of Nevada.
[3.] 4. The division of brand inspection shall manage activities of the department pertaining to brands and marks and brand inspection in the State of Nevada.
[4.] 5. The division of plant industry shall manage activities of the department pertaining to the protection and promotion of the agricultural industry of the State of Nevada.
Sec. 2. NRS 561.175 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 326 (CHAPTER 262, SB 111)κ
561.175 The executive director shall serve as director of the division of administration and may serve as the director of the division of animal industry or as the director of the division of plant industry if properly qualified as required by NRS 561.205 and 561.214. He may serve as director of any other division created within the department as provided by paragraph [(d)] (e) of subsection 1 of NRS 561.194.
________
Senate Bill No. 77Committee on Finance
CHAPTER 263
AN ACT relating to public welfare; creating various funds in the welfare division; providing guidelines for the funds; abolishing certain funds; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The child welfare trust fund in hereby created. All survivor benefits or other awards payable to children receiving child welfare services shall be deposited in the state treasury for credit to the fund.
2. The public assistance trust fund is hereby created. Retirement and other benefit grants to any adult recipient of public assistance in a nursing home or group care facility, except facilities of the mental hygiene and mental retardation division of the department listed in NRS 436.011, shall be deposited in the state treasury for credit to the fund if the adult receiving care has been adjudicated incompetent in the administration of his personal finances.
3. The welfare division shall:
(a) Keep a separate account for each individual receiving funds.
(b) Deduct from the account any welfare services to the individual that are provided by public funds. Any surplus remaining may be expended for extraordinary items deemed beneficial to the individual.
(c) Remit any surplus balance to the named individual when the welfare division is no longer legally responsible for that individual.
4. Court ordered and other support payments to children receiving child welfare services shall not be considered as a benefit or an award for the purpose of this section, but shall be held in trust in the child welfare trust fund.
Sec. 3. Subject to the approval and regulations of the state board of examiners, the welfare division may maintain a bank account for the purpose of purchasing birth certificates, death certificates and other vital statistics records necessary to perform eligibility and other casework functions of the welfare division.
Sec. 4. Chapter 425 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1975 Statutes of Nevada, Page 327 (CHAPTER 263, SB 77)κ
1. The aid to dependent children fund is hereby created.
2. Amounts appropriated by the legislature for the purposes of this chapter shall be credited to the fund and amounts received from the United States pursuant to Title IV of the Social Security Act (42 U.S.C. § 601 et seq.), as amended, shall be deposited in the state treasury for credit to the fund.
3. All assistance payments shall be paid out of the fund.
Sec. 5. 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. 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 under this chapter shall be paid out of [funds] amounts appropriated by the legislature [from the general fund] for such purpose and out of such other [moneys] amounts as may from time to time be made available to the welfare division for the payment of administrative expenses. 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. 6. NRS 425.200 is hereby amended to read as follows:
425.200 1. The state welfare administrator shall furnish to the state controller a full, true and correct list of recipients entitled to assistance, and of the monthly amount to be paid to each of them from the [combined] aid to dependent children fund, certified to by him as being a full, true and correct list of such recipients 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 fund payable to each recipient 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 and state funds to which each recipient is entitled under the provisions of this chapter.
3.] Immediately after the warrants payable to recipients 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.
[4.] 3. The books, records and accounts of the state controller and the state treasurer relating to the aid to dependent children fund [in the state treasury] shall be open to inspection and subject to audit by officers and agents of the United States.
κ1975 Statutes of Nevada, Page 328 (CHAPTER 263, SB 77)κ
Sec. 7. NRS 425.160 and 425.190 are hereby repealed.
Sec. 8. Section 5 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Assembly Bill No. 261Assemblymen Getto, Howard, Jacobsen, Dini, Weise, Ashworth, Young, Hickey, Mello and Polish
CHAPTER 264
AN ACT relating to property tax; providing that property used as part of an irrigation system of pipes or concrete-lined ditches and headgates is exempt from taxation; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.077 is hereby amended to read as follows:
361.077 1. All property, both real and personal, owned by any individual, group of individuals, partnership, firm, company, corporation, association, trust, estate or other legal entity is exempt from taxation to the extent that such property is used as: [a]
(a) A facility, device or method for the control of air or water pollution [.] ; or
(b) Part of a permanently installed irrigation system of pipes or concrete-lined ditches and headgates to increase efficiency and conservation in the use of water, when such water is to be used for irrigation and agricultural purposes on land devoted to agricultural purposes by the owner of such pipes or concrete-lined ditches.
2. As used in this section, facility, device or method for the control of air or water pollution means any land, structure, building, installation, excavation, machinery, equipment or device or any addition to, reconstruction, replacement, or improvement of land or an existing structure, building, installation, excavation, machinery, equipment or device used, constructed, acquired or installed after January 1, 1965, if the primary purpose of such use, construction, acquisition or installation is compliance with law or standards required by any environmental protection agency, authorized by and acting under the authority of the United States or the State of Nevada or any of its political subdivisions, for the prevention, control or reduction of air or water pollution.
3. As used in this section, facility, device or method for the control of air or water pollution does not include:
(a) Air conditioners, septic tanks or other facilities for human waste, nor any property installed, constructed or used for the moving of sewage to the collection facilities of a public or quasi-public sewage system.
(b) Any facility or device having a value of less than $1,000 at the time of its construction, installation or first use.
(c) Any facility or device which produces a net profit to the owner or operator thereof from the recovery and sale or use of a tangible product or byproduct, nor does it include a facility or device which, when installed and operating, results in a net reduction of operating costs.
κ1975 Statutes of Nevada, Page 329 (CHAPTER 264, AB 261)κ
or byproduct, nor does it include a facility or device which, when installed and operating, results in a net reduction of operating costs.
4. The Nevada tax commission shall prepare and publish a report each fiscal year showing:
(a) The assessed value of properties within each county which are exempt from taxation under this section;
(b) The loss in tax revenues to the state general fund and to each local taxing entity from the exemption; and
(c) Such other information as the tax commission may deem relevant to indicate the impact of the tax dollar loss on the state and on local taxing entities.
Each county assessor shall provide the tax commission with the data it needs to complete the report required by this section.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1975.
________
Assembly Bill No. 205Committee on Ways and Means
CHAPTER 265
AN ACT making additional and supplemental appropriation from the general fund in the state treasury to the welfare division of the department of human resources for the old-age assistance program; and providing other matters properly relating thereto.
[Approved April 24, 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 $576,020 to the welfare division of the department of human resources for the old-age assistance program to maintain the levels of cash grants payable to elderly citizens and to insure reasonable payments to those adult group care facilities which house and care for certain recipients of aid. This appropriation is additional and supplemental 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.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 330κ
Assembly Bill No. 389Assemblymen Getto, Howard, Jacobsen, Weise, Schofield, Hickey, Hayes, Sena, Wittenberg, Mello, Moody, Polish, Price, Dini, Bennett and Chaney
CHAPTER 266
AN ACT relating to the Western Regional Higher Education Compact; authorizing the compact commissioners to contract with educational institutions outside the compact region to provide contract places for Nevada residents in graduate or professional schools.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 397 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever the commissioners appointed pursuant to NRS 397.030 are unable to provide contract places for Nevada residents in graduate or professional schools pursuant to contractual agreements authorized by Article 8 of the compact, they may enter into such contractual agreements with the governing authority of any educational institution offering accredited graduate and professional education outside the region of the compact or with any state outside the region.
2. The terms and conditions of any such agreements shall adhere to the same standards which are observed in the selection of contract places for Nevada residents in graduate or professional schools within the region.
________
Assembly Bill No. 301Committee on Taxation
CHAPTER 267
AN ACT relating to mobile homes; regulating certain mobile homes used on highways and roads by requiring a 5-day trip permit in lieu of the registration certificate and license number plate required by NRS chapter 482; providing a definition; providing exceptions; providing conditions, requirements, and procedures relating to issuance and use of the permit; providing powers and duties of county assessors and the department of motor vehicles respecting such permits; providing for enforcement; providing a penalty; repealing NRS 482.397, relating to registration and licensing of mobile homes; and providing other matters properly relating thereto.
[Approved April 24, 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 the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Towing, pushing or otherwise propelling a mobile home upon a highway or road, whether or not any part of the mobile home touches the highway or road, is a movement of the mobile home on the highways or roads within the provisions of sections 2 to 8, inclusive, of this act.
Sec. 3. 1. Sections 4 to 8, inclusive, of this act do not apply to mobile homes moved:
κ1975 Statutes of Nevada, Page 331 (CHAPTER 267, AB 301)κ
(a) Through this state from and to points outside Nevada.
(b) Into this state with a valid license plate or permit from another state.
(c) With a dealers license plate or with a motor convoy carrier license plate, when the movement is from:
(1) The mobile homes place of manufacture to the place of business of a mobile home dealer licensed under this chapter;
(2) One dealer lot to another; or
(3) A dealer lot to the place of delivery to that dealers buyer.
2. Except as provided in subsection 1, no mobile home shall be moved upon the highways or roads of this state through use of a dealer or motor convoy carrier license plate unless a proper trip permit is obtained and displayed as required by sections 4 to 8, inclusive, of this act.
Sec. 4. 1. Except as provided in section 3 of this act, the owner of any mobile home moved upon any highway or road in this state shall, prior to such movement, apply to the county assessor for a mobile home trip permit. The assessor of the county from where the mobile home is to be moved shall issue a trip permit upon application presented in such form as prescribed by the department, payment of a fee of $2, and proof satisfactory to the assessor of ownership and that all property taxes, and use taxes if applicable, levied against such mobile home and its contents have been paid.
2. If the mobile home had situs in any other county of this state during any of the preceding 2 tax years, before the assessor issues a permit, the owner must produce proof satisfactory to the assessor that all property taxes levied against the mobile home and its contents in such other counties have been paid.
3. The mobile home trip permit shall authorize movement over the highways and roads for a period of not more than 5 consecutive days following the day of issuance and the application and permit respectively shall be used in lieu only of any certificate of registration and vehicle license number plate required by this chapter.
Sec. 5. 1. The application for a mobile home trip permit shall contain such information as required by the department, and shall contain the name of the owner of the mobile home, the make, model and serial number of the mobile home, the location of the place from which it was moved, the address of the place to which it is to be moved, the expiration date of the permit and the signature of the county assessor or his designee.
2. The county assessor shall, within 10 days after issuing the trip permit, forward a copy of the application to the assessor of the county where the mobile home will be located, unless the mobile home is to leave this state.
3. The county assessor shall also provide a copy of the application for use by the operator of the vehicle moving the mobile home and such operator shall keep his copy of the application in his possession at all times during such movement.
Sec. 6. 1. The department shall determine the size, shape and form of the mobile home trip permit which may be part of a single form also containing the application for the permit. Each permit shall bear the month and day of expiration in numerals of sufficient size to be plainly readable from a reasonable distance during daylight.
κ1975 Statutes of Nevada, Page 332 (CHAPTER 267, AB 301)κ
2. The mobile home trip permit shall be prominently displayed on the rear of the mobile home in the manner prescribed by the department at all times during which the mobile home is moved upon any highway or road. The permit shall be made and displayed in such a manner that the permit is rendered unusable when removed from the mobile home.
Sec. 7. 1. The department shall provide each county assessor with a sufficient quantity of application and permit forms.
2. The assessor or an appropriate officer shall remit one-half of the fee collected for the trip permit monthly to the department for deposit in the motor vehicle fund.
Sec. 8. 1. Any person who moves a mobile home in violation of the provisions of sections 2 to 8, inclusive, of this act is guilty of a misdemeanor.
2. If a mobile home is moved upon any highway or road in the state in violation of any of the provisions of sections 2 to 8, inclusive, of this act, the department, any member of the Nevada highway patrol or any peace officer in the state shall seize and hold such mobile home until presented with a copy of the application and trip permit required by sections 2 to 8, inclusive, of this act.
Sec. 9. Chapter 487 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The provisions of this chapter, except NRS 487.035, shall apply to mobile homes subject to sections 4 to 8, inclusive, of this act.
Sec. 10. NRS 361.562 is hereby amended to read as follows:
361.562 1. Upon receipt of every report of sales of mobile homes from a dealer, the department of motor vehicles shall immediately give written notice to the county assessor of each county in which is contained the address of a purchaser of a mobile home as shown in such report.
2. If the purchaser of a mobile home or slide-in camper does not [register and license the mobile home or slide-in camper upon taking possession, pursuant to the provisions of NRS 482.397, and] pay the personal property tax thereon, upon taking possession, he shall, within 30 days from the date of purchase of such mobile home or slide-in camper:
(a) Pay to the county assessor all personal property taxes levied against such mobile home or slide-in camper and its contents; or
(b) Satisfy the county assessor that he owns real estate within the county of sufficient value, in the county assessors judgment, to pay the taxes on both his real and personal property.
3. The county assessor shall collect the tax required to be paid by subsection 2, in the manner prescribed by law for the collection of other personal property taxes.
Sec. 11. NRS 361.5641 is hereby amended to read as follows:
361.5641 Whenever any person who has purchased a mobile home or slide-in camper on which he is required to pay a personal property tax [, either as a condition precedent to registration pursuant to NRS 482.397 or] under the provisions of NRS 361.562 or 361.563, establishes to the satisfaction of the county assessor that he has paid the personal property tax for the current fiscal year on another mobile home or slide-in camper which he has sold or exchanged, the county assessor shall allow as a credit against the personal property tax required to be paid an amount equal to one-twelfth of the personal property tax previously paid multiplied by the number of full months remaining in the current fiscal year after the sale or exchange of the mobile home or slide-in camper on which such tax was paid.
κ1975 Statutes of Nevada, Page 333 (CHAPTER 267, AB 301)κ
number of full months remaining in the current fiscal year after the sale or exchange of the mobile home or slide-in camper on which such tax was paid.
Sec. 12. NRS 361.5643 is hereby amended to read as follows:
361.5643 Upon compliance by the purchaser of a slide-in camper or the purchaser of a mobile home [, which is not registered and licensed, or which the purchaser has not declared his intention to register and license immediately after payment of the tax, pursuant to the provisions of NRS 482.397,] with the provisions of NRS 361.562, 361.563 or 361.5642 the county assessor shall:
1. Deliver forthwith to the purchaser of a mobile home, as well as annually thereafter upon payment of the tax, a sticker which shall be of a design and affixed in such manner as shall be prescribed by the Nevada tax commission;
2. Deliver forthwith to the purchaser of a slide-in camper, as well as annually thereafter upon payment of the tax, a tax plate or a sticker which shall be of a design and affixed in such manner as shall be prescribed by the Nevada tax commission.
Sec. 13. NRS 481.145 is hereby amended to read as follows:
481.145 1. The Nevada highway patrol shall be composed, in addition to the personnel provided by NRS 481.140, of supplementary patrolmen to the extent permitted by the moneys which are available for such purposes in the special fund created by subsection [10] 9 of NRS 482.480.
2. The director shall appoint such additional patrolmen as soon after the beginning of each fiscal year as he can determine the amount of moneys which are available for this purpose. Salaries, travel and subsistence payments shall be as provided in NRS 481.170.
Sec. 14. NRS 482.206 is hereby amended to read as follows:
482.206 1. Except as provided in subsection [4,] 3, 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 motor home 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.] 3. 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.] 4. 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.
κ1975 Statutes of Nevada, Page 334 (CHAPTER 267, AB 301)κ
Sec. 15. 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] 2 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 calendar year.
Sec. 16. NRS 482.280 is hereby amended to read as follows:
482.280 1. The registration of every vehicle referred to in subsection 1 of NRS 482.206 shall expire at midnight on the last day of the last month of the registration period. The registration of every vehicle referred to in subsection [3] 2 of NRS 482.206 shall expire at midnight on December 31. The department shall mail to each holder of a valid registration certificate an application form for renewal registration for the following registration period. Such forms shall be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new registration certificates and license plates, stickers, tabs or other suitable devices by mail prior to expiration of subsisting registrations. An applicant may, if he chooses, present the application to any agent or office of the department.
2. The department shall insert in each application form mailed as required by subsection 1 of this section the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.
3. An owner who has made proper application for renewal of registration previous to the expiration of the current registration but who has not received the number plate or plates or registration card for the ensuing registration period is entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plate or plates issued for the preceding registration period for such time as may be prescribed by the department as it may find necessary for issuance of such new plate or plates or registration card.
4. The registration fees for a motortruck and truck tractor, and for any trailer or semitrailer having an unladened weight of 3,501 pounds or more shall be reduced by one-twelfth for each calendar month which has elapsed from the beginning of each calendar year, the fee so obtained, rounded to the nearest one-half dollar, but in no event to be less than $5.50.
Sec. 17. NRS 482.385 is hereby amended to read as follows:
482.385 1. Except as otherwise provided in NRS 482.390, a nonresident owner of a vehicle of a type subject to registration under this chapter, owning any vehicle which has been duly registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.
κ1975 Statutes of Nevada, Page 335 (CHAPTER 267, AB 301)κ
owning any vehicle which has been duly registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.
2. Nothing in this section shall be construed:
(a) To prohibit the use of manufacturers or dealers license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this state.
(b) To require registration of vehicles of a type subject to registration under this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.
3. When a person, formerly a nonresident, becomes a resident of this state, he shall, within 45 days after becoming a resident, apply for the registration of any vehicle which he owns and which is operated in this state.
4. A person registering a vehicle pursuant to the provisions of subsections 3 or 5 of this section or pursuant to NRS 482.390 shall be assessed the registration fees and privilege tax, as required by the provisions of chapter 371 and chapter 482 of NRS. He shall be allowed credit on such taxes and fees for the unused months of his previous registration. The fee provided in subsection [10] 9 of NRS 482.480 shall not be prorated. Those fees that are to be prorated will be prorated based upon Nevada registration fees and privilege taxes and reduced by one-twelfth for each month remaining on the registration period in the state of former residence.
5. If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the department for registration, except as provided in NRS 482.390, 482.395 and NRS 706.801 to 706.861, inclusive.
6. An owner registering a vehicle under the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the department for cancellation.
Sec. 18. NRS 482.480 is hereby amended to read as follows:
482.480 There shall be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car, bus and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of $5.50.
2. For every motorcycle, the sum of $3.50.
3. For every motortruck having an unladened weight of 3,500 pounds or less, as shown by a public weighmasters certificate, a registration fee of $9.
4. For every trailer or semitrailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $2.50. For every trailer having an unladened weight of more than 1,000 pounds, but not more than 3,500 pounds, a flat registration fee of $5.50. For every trailer or semitrailer having an unladened weight of more than 3,500 pounds and less than 4,000 pounds, fees according to the following schedule:
κ1975 Statutes of Nevada, Page 336 (CHAPTER 267, AB 301)κ
3,501 to and including 3,549 pounds................................................... $8
3,550 to and including 3,649 pounds................................................... 10
3,650 to and including 3,749 pounds................................................... 12
3,750 to and including 3,849 pounds................................................... 14
3,850 to and including 3,949 pounds................................................... 16
3,950 to and including 3,999 pounds................................................... 18
5. For every motortruck having an unladened weight of more than 3,500 pounds and less than 5,050 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds................................................... $10
3,550 to and including 3,649 pounds................................................... 12
3,650 to and including 3,749 pounds................................................... 14
3,750 to and including 3,849 pounds................................................... 16
3,850 to and including 3,949 pounds................................................... 18
3,950 to and including 3,999 pounds................................................... 20
4,000 to and including 5,049 pounds................................................... 25
6. For every trailer or semitrailer having an unladened weight of 4,000 pounds or more, except mobile homes, and for every motortruck having an unladened weight of 5,050 pounds or more, 50 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmasters certificate. At the time of weighing, each vehicle shall have in place each and every accessory and appliance belonging to and used on such vehicle in the transportation of property. Whenever a camper is attached to a motortruck the camper shall be considered as a load and the fees imposed by this section upon the motortruck shall be based on the unladened weight of the motortruck, exclusive of the camper.
7. [For every mobile home, the registration fee shall be $5.50.
8.] Except as provided in subsection [9,] 8, for each transfer of registration the fee shall be $2.
[9.] 8. The fee for transfer of a registration to any motor vehicle enumerated in subsection 6 shall be $2 plus the excess, if any, of the fee which would have been payable for an original registration of such vehicle over the fee paid for registration of the vehicle from which the registration is transferred.
[10.] 9. For each stock passenger car, bus, reconstructed or specially constructed passenger car, motorcycle, motortruck and truck tractor there shall be an additional fee of $2 for each registration, which shall be placed in a special fund to be used only for the purposes specified in NRS 481.145.
Sec. 19. NRS 706.806 is hereby amended to read as follows:
706.806 As used in NRS 706.801 to 706.861, inclusive:
1. Department means each agency of this state, or of any political subdivision of this state, administering the fee involved.
2. Fee means each registration fee and tax imposed by this state, except motor vehicle fuel taxes, motor carrier regulation and licensing fees, and the additional fee imposed by subsection [10] 9 of NRS 482.480.
3. Mileage includes mileage in this state and in all other states.
4. Operator includes the owner or operator of any vehicle.
κ1975 Statutes of Nevada, Page 337 (CHAPTER 267, AB 301)κ
5. Person includes any individual, firm, copartnership, joint venture, association, corporation, estate trust, business trust, receiver, syndicate or any other group or combination acting as a unit.
6. Plan means a plan adopted by any state or states for the proration of fees on a basis to effectuate the principles set forth in NRS 706.826.
7. Reciprocity means that this state and another state, as to vehicles registered in each other, extend substantial or complete freedom from payment of fees with respect to vehicles registered in the other state.
8. State includes the states of the United States, the District of Columbia, the territories of the United States, the states, territories and federal district of Mexico, and the provinces of Canada.
9. Vehicle includes every vehicle of a type required to be registered under the laws of this state.
Sec. 20. NRS 482.397 is hereby repealed.
Sec. 21. Sections 14, 15 and 16 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Assembly Bill No. 421Assemblymen Jeffrey, Mann, Barengo, Bremner, Vergiels, Demers, Price, Hayes, Craddock, Young, Moody, Polish, Brookman, Murphy, Glover, Jacobsen, Howard, Harmon and Sena
CHAPTER 268
AN ACT relating to Nevada Wing 96 of the Civil Air Patrol; authorizing purchases of surplus tools and equipment from department of highways; authorizing the use of the facilities of the purchasing division of the department of general services; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 333.462 is hereby amended to read as follows:
333.462 Whenever the department of highways declares any tools, implements, machinery or other equipment in its possession to be surplus or not necessary for the use of such department, or requests that any such tools, implements, machinery or other equipment be replaced, and if such tools, implements, machinery or other equipment are not transferred to another agency in accordance with subsection 2 of NRS 333.220, the chief shall, notwithstanding the provisions of subsection 4 of NRS 333.220, offer the same for sale to the various counties, incorporated cities, volunteer fire departments, Nevada Wing 96 of the Civil Air Patrol or any squadron thereof, and Indian tribes organized under the Indian Reorganization Act (25 U.S.C. § 461 et seq.), in this state in accordance with the provisions of NRS 333.463 to 333.468, inclusive.
Sec. 2. NRS 333.463 is hereby amended to read as follows:
333.463 1. Whenever any tools, implements, machinery or other equipment become available for purchase [by counties, cities or volunteer fire departments] as provided in NRS 333.462, the chief shall give written notice thereof to the board of county commissioners of each county, the chief executive officer of each incorporated city in the state [and,] , each volunteer fire department in the state, Wing 96 of the Civil Air Patrol or any squadron thereof and each Indian tribe in this state organized under the Indian Reorganization Act (25 U.S.C.
κ1975 Statutes of Nevada, Page 338 (CHAPTER 268, AB 421)κ
written notice thereof to the board of county commissioners of each county, the chief executive officer of each incorporated city in the state [and,] , each volunteer fire department in the state, Wing 96 of the Civil Air Patrol or any squadron thereof and each Indian tribe in this state organized under the Indian Reorganization Act (25 U.S.C. § 461 et seq.).
2. The notice shall contain:
(a) A description of the specific items or lots of items available for purchase, including the make, model, type, age and serial number or other identification of machinery or equipment;
(b) A statement of the time and place where such items will be available for inspection;
(c) A statement of the place where such items will be delivered to the purchaser;
(d) A statement of the time and place at which sealed bids for the purchase of such items or lots of items will be accepted and the time and place such bids will be opened; and
(e) Such other information as the chief may deem appropriate.
Sec. 3. NRS 333.469 is hereby amended to read as follows:
333.469 1. Any agency, bureau, commission or officer of the legislative department or the judicial department of the state government or Nevada Wing 96 of the Civil Air Patrol or any squadron thereof may obtain supplies, materials and equipment on a voluntary basis through the facilities of the purchasing division.
2. From time to time the chief shall issue bulletins to all of such agencies, bureaus, commissions and officers indicating the supplies, materials and equipment available and the prices thereof.
________
Assembly Bill No. 409Assemblymen Dini and Getto
CHAPTER 269
AN ACT making appropriations from the state general fund to the office of the inspector of mines; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the office of the inspector of mines the following sums:
(a) For the fiscal year ending June 30, 1975................................ $26,880.
(b) For the fiscal year ending June 30, 1976................................ $53,760.
(c) For the fiscal year ending June 30, 1977................................ $53,760.
2. The amounts appropriated by paragraphs (a), (b) and (c) of subsection 1 shall be expended for the operation of the office of the inspector of mines.
3. After June 30, 1975, any unexpended balance of the appropriation made by paragraph (a) of subsection 1 for the fiscal year 19741975 shall be transferred to and added to the amount appropriated by paragraph (b) of subsection 1 and may be expended during fiscal year 19751976, subject to the provisions of subsection 2.
κ1975 Statutes of Nevada, Page 339 (CHAPTER 269, AB 409)κ
made by paragraph (a) of subsection 1 for the fiscal year 19741975 shall be transferred to and added to the amount appropriated by paragraph (b) of subsection 1 and may be expended during fiscal year 19751976, subject to the provisions of subsection 2.
4. After June 30, 1976, any unexpended balance of the appropriation made by paragraph (b) of subsection 1 for the fiscal year 19751976 together with any amounts transferred pursuant to subsection 3 shall be transferred to and added to the amount appropriated by paragraph (c) of subsection 1 and may be expended during fiscal year 19761977, subject to the provisions of subsection 2.
5. After June 30, 1977, any unexpended balance of the appropriation made by paragraph (c) of subsection 1 for the fiscal year 19761977 together with any amount transferred pursuant to subsection 4 shall not be encumbered or committed for expenditure and shall revert to the state general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 443Assemblymen Glover, Dini, Mello, Mann, Brookman, Murphy, Price, Bremner, Barengo, Dreyer, Hickey and May
CHAPTER 270
AN ACT relating to official bonds; repealing certain statutory provisions which require state officers and employees to acquire official bonds; abolishing the bond trust fund; transferring the funds accumulated under the bond trust fund to the public employees retirement system; declaring the continuing obligation of the State of Nevada on all official bonds issued pursuant to the bond trust fund provisions; making an appropriation to the public employees retirement system; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 226.050 is hereby amended to read as follows:
226.050 The state treasurer shall be commissioned by the governor, but before such commission shall issue and before entering upon the duties of his office, he shall:
1. Take the oath of office prescribed by law, to be endorsed upon his commission; and
2. Execute and deliver to the governor a bond, payable to the state, in [the sum of $200,000,] an amount which shall be determined by the state board of examiners, conditioned for the faithful performance of all duties which may be required of him by law and for the delivery by him to his successor of all books, papers, records, moneys, vouchers, sureties, funds and securities, evidences of debt, and effects belonging to his office or to the State of Nevada. The official bond shall be executed by a surety company or companies authorized to do business in the State of Nevada. [and shall be approved by the state board of examiners.]
κ1975 Statutes of Nevada, Page 340 (CHAPTER 270, AB 443)κ
Sec. 2. NRS 282.080 is hereby amended to read as follows:
282.080 The official bonds of officers shall be approved and filed as follows:
1. [The official bond of the secretary of state shall be approved by the governor, recorded in the office of the secretary of state, and then deposited with the state controller.
2.] The official [bonds of all other state officers, required by law to give bond,] bond of the state treasurer shall be approved by the governor, and filed and recorded in the office of the secretary of state.
[3.] 2. The official bonds of all county and township officers shall be approved by the board of county commissioners, and filed and recorded in the office of the county clerk of their respective counties [; provided:] , except:
(a) That the bond of the county clerk shall be filed and recorded in the office of the county recorder of the proper county; and
(b) That where the county clerk is ex officio county recorder his bond shall be filed, recorded and deposited for safekeeping in the manner provided in NRS 246.020.
Sec. 3. NRS 282.100 is hereby amended to read as follows:
282.100 Whenever the official bond of [any state officer shall become] the state treasurer becomes insufficient from any cause, [whatever,] like proceedings as provided in NRS 282.090 may be had with reference thereto before the district court of the district in which [the state] such officer holds his office. Proceedings shall be commenced by a written motion supported by affidavit.
Sec. 4. NRS 282.140 is hereby amended to read as follows:
282.140 In all cases where official bonds are required [, or may be hereafter required, from state,] from county or township officers, the officer or officers whose duty it is [, or may be,] to approve such bonds [,] shall not accept or approve any such bonds unless the sureties thereon [shall] severally justify before an officer authorized to administer oaths, as follows:
1. On a bond given by a [state officer, that he is a resident and freeholder or householder within this state, and on a bond given by a] county officer, that he is a resident and freeholder or householder within such county.
2. That he is worth the amount for which he becomes surety over and above all his debts and liabilities in property situated within this state which is not exempt from sale or execution.
Sec. 5. NRS 282.160 is hereby amended to read as follows:
282.160 1. [When] If the official bond of [any state,] the state treasurer or any county or township officer becomes insufficient by reason of the insolvency of any of the sureties thereon, or from any other cause, [whatever,] so that [the same shall] it does not contain at least two good and sufficient sureties for the whole penal sum named in the bond, and any liability occurs or becomes fixed by reason of the defalcation, omission, neglect, misconduct or [by] any act of the officer who is the principal in the bond, then any surety or sureties, upon the payment of his or their ratable proportion of the liability on such bond, shall be released from all further liability thereon, so far as any loss to the state or county wherein such officer held office is concerned.
κ1975 Statutes of Nevada, Page 341 (CHAPTER 270, AB 443)κ
from all further liability thereon, so far as any loss to the state or county wherein such officer held office is concerned.
2. Such ratable proportion shall be ascertained by considering [all and] each of the sureties on the bond as solvent, liable and able to contribute his or their proportions of the whole amount of liability incurred on the bond.
3. The state board of examiners, in the case of [state officers,] the state treasurer, or the boards of county commissioners of the several counties, in the case of county officers, [are authorized and required,] shall in such cases, [to] make settlement with any or all such sureties who propose to pay and do pay their ratable proportions of the liability accrued on the bond.
4. Any surety or sureties neglecting or refusing to pay such ratable proportions, or defending an action for the recovery of any liability on any official bond, [shall be] is subject to such prosecution, judgments and penalties as are [now] provided for by law; but no judgment shall be rendered against such surety or sureties for an amount above his or their pro rata liability on such bond, and costs of suit.
Sec. 6. NRS 282.170 is hereby amended to read as follows:
282.170 1. [Every state,] The state treasurer and every district, county, township and city officer within the State of Nevada, who is [now] required by law [or who may hereafter be required by law,] to give an official bond, may have a surety company, which has complied with all the laws of this state relating to surety companies, execute such bond, pursuant to law, for the faithful performance of the duties of such office.
2. The premium for any such surety bond shall be paid for by the state, if the bond is required for [a state officer,] the state treasurer, or by the district, county or city, as the bond may be required, or by the county if the bond is required of a township officer, out of any moneys in their respective treasuries not otherwise appropriated by law [; provided:] subject to the limitations:
(a) That no premium or charge on [bonds of state officers] the bond of the state treasurer shall exceed one-half of 1 percent per annum on the amount of such bond; and
(b) That this section shall not apply to notaries public.
3. Whenever any of the officials mentioned in this section [ shall tender] tenders bonds of any surety company for approval to the governor, to the district judge, to the board of county commissioners of their respective counties, or to any official board or person required by law to approve [the same,] such bonds, such board or person shall accept such bonds if they are found good and sufficient.
Sec. 7. NRS 282.180 is hereby amended to read as follows:
282.180 Any surety on the official bond of the state treasurer or any [state,] county or city officer, or on the official bond of any executor or administrator, or on the bond or undertaking of any person, where, by law, a bond or undertaking is required, may be released from all liability thereon accruing, from and after proper proceedings had therefor, as provided in NRS 282.180 to 282.220, inclusive.
κ1975 Statutes of Nevada, Page 342 (CHAPTER 270, AB 443)κ
Sec. 8. NRS 282.190 is hereby amended to read as follows:
282.190 1. Any surety desiring to be released from liability on the bond of [any state officer] the state treasurer shall file with the governor or secretary of state a statement in writing duly subscribed by himself, or someone in his or its behalf, setting forth:
(a) The name and office of the person for whom he is surety; [.]
(b) The amount for which he is liable as surety [.] ; and
(c) His desire to be released from further liability on account thereof.
A notice containing the objects of such statement shall be served personally on the [officer, unless he shall have] state treasurer unless he has left the state, in which case the [same] notice may be served by publication for 20 days in some newspaper printed at Carson City, [Nevada,] or if none [be] is printed there, then in such newspaper as shall be designated by the governor or secretary of state.
2. Any surety desiring to be released from the official bond of any county officer shall file and serve a similar statement. The statement, except when it concerns the county clerk personally, shall be filed with the clerk of the board of county commissioners, and when the county clerk is personally concerned, the statement shall be filed with the county auditor.
3. Any surety desiring to be released from liability on the bond of a city officer shall file and serve a similar statement with the city clerk or other proper officer.
4. Any surety desiring to be released from an executors or administrators bond or undertaking shall file and serve a similar statement with the clerk of the district court.
5. Any surety desiring to be released from any other official bond or undertaking shall file and serve a similar statement with the proper officer, person or authority.
6. All statements provided for in this section must be served as provided in subsection 1 [; provided:] , except:
(a) That the [same,] notice, if served by publication, may be published in a newspaper in the same county, and if no newspaper [be] is published therein, then in an adjoining or other county, without any order from any court or other authority.
(b) That in all cases for which publication is provided, a printed or written notice, posted in at least 10 conspicuous places within the county, for the time specified, shall be deemed legal notice thereof.
Sec. 9. NRS 282.290 is hereby amended to read as follows:
282.290 The faith of the state is pledged to the provisions of all surety bonds which [may be] have been issued or undertaken under [NRS 282.230 to 282.350, inclusive;] the provisions of chapter 193, Statutes of Nevada 1937, as amended, which established the bond trust fund, and the state consents to suit against it on such bonds. In cases of loss to [the state,] a county, township, incorporated city or irrigation district, under circumstances upon which its surety bonds are conditioned, the state is charged with the responsibility of making restitution to any funds suffering loss up to the full amount specified in the surety bond.
Sec. 10. NRS 282.315 is hereby amended to read as follows:
282.315 [Notwithstanding the provisions of NRS 282.310, the] The state treasurer is hereby authorized to pay from the [bond trust fund,] reserve for statutory contingency fund, on warrants issued by the state controller, a total sum not to exceed $2,500 in any 1 year in payment of approved claims for costs of investigations incurred by the state board of examiners in carrying out the provisions of [NRS 282.230 to 282.350, inclusive.]
κ1975 Statutes of Nevada, Page 343 (CHAPTER 270, AB 443)κ
reserve for statutory contingency fund, on warrants issued by the state controller, a total sum not to exceed $2,500 in any 1 year in payment of approved claims for costs of investigations incurred by the state board of examiners in carrying out the provisions of [NRS 282.230 to 282.350, inclusive.] subsection 5 of NRS 282.330.
Sec. 11. NRS 282.330 is hereby amended to read as follows:
282.330 1. Losses to counties which might occur from defalcation, misappropriation or negligent loss of public funds or from failure faithfully to perform the duties of his office on the part of a county or township officer or employee shall be reported by the district attorney of that county to the state board of examiners.
2. Losses to cities which might occur from defalcation, misappropriation or negligent loss of public funds or from failure faithfully to perform the duties of his office on the part of a city officer or employee shall be reported by the city attorney of that city to the state board of examiners.
3. In the case of the state, any losses shall be reported to the state board of examiners by the attorney general.
4. In the case of an irrigation district, any losses shall be reported to the state board of examiners by the board of directors of the irrigation district.
5. In each case the state board of examiners shall make, or cause to be made, a full investigation. If, from the investigation, the state board of examiners determines that the loss comes under the conditions of [the surety bond,] a surety bond issued pursuant to the provisions of chapter 193, Statutes of Nevada 1937, as amended, which established the bond trust fund, the state board of examiners shall order that restitution be made in the following manner:
(a) If there [be] is a sufficient amount in the bond trust fund to cover the loss, the state controller shall [be authorized and directed to] draw a warrant on the [bond trust] reserve for statutory contingency fund for the full amount of the loss as covered by the surety bond, in the manner in which claims against the state are usually paid, and the state treasurer shall pay the warrant.
(b) If there are insufficient funds in the [bond trust] reserve for statutory contingency fund to cover the loss, then the state controller shall draw a warrant for the full amount in the [bond trust] reserve for statutory contingency fund for the purpose of making restitution in part, and he shall report the condition of the [bond trust] fund to the governor. The governor shall take the necessary steps to have the balance due included in the budget, and report to the next succeeding legislature. When the balance is thus secured, the restitution shall be completed.
Sec. 12. NRS 282.340 is hereby amended to read as follows:
282.340 1. If any public officer or employee [shall default, misappropriate or otherwise be] defaults, misappropriates or otherwise is responsible for loss of funds committed to his care, he [shall be] is civilly liable for the amount thereof in an action to be prosecuted by:
(a) The district attorney in cases of county and township officers and employees.
(b) The city attorney in cases of city officers and employees.
(c) The attorney general in cases of state officers and irrigation district officers and employees.
κ1975 Statutes of Nevada, Page 344 (CHAPTER 270, AB 443)κ
2. The state, county, city or irrigation district, as the case may be, [shall have] has a lien on all real or personal property, not exempt from execution, of any such officer or employee against whom such an action [shall be] is brought for default, misappropriation, or other violation of the conditions of his surety bond given under the provisions of [NRS 282.230 to 282.350, inclusive,] chapter 193, Statutes of Nevada 1937, as amended, and such lien [shall become] becomes effective upon the execution of such surety bonds by state, county, township, city and irrigation district officers and employees, and [shall take] takes precedence over any other unrecorded lien or encumbrance.
3. Upon judgment being entered in favor of the state, county, incorporated city or irrigation district, all property owned, either legally or equitably, by the state, county, township, city or irrigation district officer or employee violating any condition of such bond, not exempt from execution, or so much thereof as may be necessary to cover the amount of the judgment entered, may be sold, as in cases of execution, and the proceeds applied to payment of the judgment rendered to cover the shortage. If there [be] is an insufficiency of such property, or the judgment or any part of it remains unsatisfied, then a deficiency judgment may be entered by the court.
Sec. 13. NRS 282.350 is hereby amended to read as follows:
282.350 [1.] The state board of examiners may revoke the surety bond of any public officer or employee:
[(a)] 1. If, after due investigation, notice and hearing, he is found to be addicted to gambling, excessive drinking of intoxicants or to the use of narcotics.
[(b)] 2. Upon his conviction of a gross misdemeanor or any more serious crime.
[(c)] 3. When he is legally determined to be insane.
[(d)] 4. For any other cause deemed reasonable by the board.
[2. Any public officer or employee whose bond may have been revoked shall not again be granted a surety bond under the provisions of NRS 282.230 to 282.350, inclusive, unless it shall have been established in a court of competent jurisdiction that he was wrongfully and unjustly deprived of his surety bond by the state board of examiners.]
Sec. 14. NRS 218.690 is hereby amended to read as follows:
218.690 The legislative counsel shall:
1. Be an attorney licensed to practice law in the State of Nevada and shall be versed in some or all of the following: Political science, parliamentary practice, legislative procedure, and the methods of research, statute revision and bill drafting.
2. Perform the duties required by this chapter and chapter 220 of NRS.
[3. Execute a surety bond, payable to the state, in a sum determined by the legislative commission, conditioned for the faithful performance of all duties which may be required of him by law.]
Sec. 15. NRS 225.070 is hereby amended to read as follows:
225.070 1. The secretary of state shall have the custody of and shall carefully preserve in the division of state, county and municipal archives:
(a) The enrolled copy of the constitution of the State of Nevada.
κ1975 Statutes of Nevada, Page 345 (CHAPTER 270, AB 443)κ
(b) The description of the state seal and other seals of which a description may be required to be deposited in his office.
(c) The proceedings and all papers of the two constitutional conventions heretofore held for the purpose of framing a constitution of this state.
(d) The manuscripts containing the enrolled acts and joint resolutions and journals of the legislature of this state and the Territory of Nevada.
(e) The records, papers and documents of Carson County, Utah Territory, and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the secretary of the Territory of Nevada.
(f) All the books, records, parchments, maps, registers and papers that may be required to be deposited in his office or kept therein.
(g) All deeds and conveyances belonging to the state.
(h) All official bonds approved by the governor. [, except the bond of the secretary of state.]
(i) All written contracts to which the state is a party, unless required to be deposited elsewhere.
2. The deeds, conveyances and official bonds shall be recorded in well-bound books, and the original papers [, except the bond of the secretary of state, shall not be permitted to be taken out of the office on any pretense whatever, unless in the possession of the secretary of state or his deputy.
Sec. 16. NRS 284.100 is hereby amended to read as follows:
284.100 [1.] The chief shall appoint, under the provisions of this chapter, such employees of the personnel division and such expert and special assistants as may be necessary to carry out effectively the provisions of this chapter.
[2. Surety bonds may be executed by personnel division employees in amounts designated by the chief. Premiums for bonds shall be paid from the personnel administration fund. All sums recovered on official bonds for losses sustained by the personnel administration fund shall be deposited in the personnel administration fund.]
Sec. 17. NRS 353.264 is hereby amended to read as follows:
353.264 1. There is hereby created in the state treasury the reserve for statutory contingency fund.
2. The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.037, 176,485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 353.120 and 353.262; and
(b) The payment of claims which are obligations of the state under NRS 7.260, 176.215, 177.345, 179.225 and 213.153, but the use of moneys from the reserve for statutory contingency fund shall be approved for the respective purposes listed in this paragraph only when the moneys otherwise appropriated for such purposes have been exhausted.
Sec. 18. NRS 360.040 is hereby amended to read as follows:
360.040 Before entering upon his duties, each of the commissioners shall [:
κ1975 Statutes of Nevada, Page 346 (CHAPTER 270, AB 443)κ
1. Enter into a bond payable to the State of Nevada, to be approved by the state board of examiners, in the sum of $10,000, conditioned for the faithful performance of his duties.
2. Subscribe] subscribe to the official oath.
Sec. 19. NRS 408.180 is hereby amended to read as follows:
408.180 The engineer, assistant engineers, highway business manager and the accountant of the department shall each [:
1. Take] take the official oath.
[2. File a bond with the secretary of state in the sum of $250,000, conditioned upon the faithful performance of their respective duties and by all persons employed by them, and upon the proper expenditure of the moneys constituting the state highway revolving fund hereinafter authorized, drawn upon checks or vouchers, signed by them or any one of them, in accordance with law, and the rendering of a true account to the board of any and all moneys so expended. The bonds shall be approved by the governor, and the premiums on such bonds, if surety company bonds are furnished, shall be paid from the state highway fund.]
Sec. 20. NRS 412.046 is hereby amended to read as follows:
412.046 1. The adjutant general shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
2. [Before entering upon the duties of his office, the adjutant general shall give a bond to the people of the State of Nevada, with a corporate surety which is authorized to do business in this state, in the sum of $10,000, conditioned that he shall perform faithfully all the duties enjoined upon him by law. The premium for such bond shall be paid by the department.
3.] The adjutant general shall be reimbursed for his actual and necessary traveling expenses as provided by NRS 281.160.
[4.] 3. The adjutant general shall not hold any city, county, state or federal office of profit while serving as adjutant general.
Sec. 21. NRS 417.110 is hereby amended to read as follows:
417.110 1. Subject to the provisions of subsection 2, the commissioner may act as guardian of the estate of:
(a) Any minor child of any deceased veteran.
(b) Any insane or incompetent veteran.
(c) Any person who is certified by the Veterans Administration as having money due from the Veterans Administration, the payment of which is dependent upon the appointment of a guardian for such person.
2. The commissioner may act as guardian as provided in subsection 1 only if at the time of appointment of estate, exclusive of moneys paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.
3. No fee may be allowed or paid to the commissioner for acting as guardian.
[4. To insure his faithful discharge of responsibilities as guardian of the estates of those veterans and dependents for whom he acts, the commissioner shall execute and deliver his official bond in the penal sum of $500,000 with a corporate surety licensed to do business in this state. A separate bond for each estate is not required.]
κ1975 Statutes of Nevada, Page 347 (CHAPTER 270, AB 443)κ
Sec. 22. NRS 423.235 is hereby amended to read as follows:
423.235 1. Except as provided in NRS 423.230, all moneys received by a child in the northern Nevada childrens home or the southern Nevada childrens home, including but not limited to Social Security benefits, benefits paid to heirs of United States employees and payments payable by the United States through the Veterans Administration, shall be held by the superintendent in trust for such child, to be paid over to such child or his parent or legal guardian upon release from the school. No such moneys shall be paid over to a foster parent.
2. The superintendent as trustee shall accumulate such moneys during the period the child is a ward of the state under the provisions of chapter 423 of NRS, and shall invest such moneys subject to the provisions of NRS 164.050 to 164.065, inclusive.
3. The superintendent may be removed as trustee of such moneys only upon application to the district court for the county in which the childrens home is located. Such district court may, for good cause shown and upon notice to the beneficiary, relieve the superintendent from his duties as trustee.
[4. The superintendent shall execute a surety bond pursuant to the provisions of NRS 282.230 to 282.350, inclusive, in the sum of $25,000, conditioned on the faithful performance of his duties as trustee.]
Sec. 23. NRS 472.045 is hereby amended to read as follows:
472.045 1. Upon written request from the state forester firewarden, the state controller is authorized and directed to draw his warrant in favor of the state forester firewarden in the sum of $2,500, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury.
2. The sum of $5,000 shall be known as the state forester firewarden revolving fund and may be used by the state forester firewarden for the purpose of paying temporary labor hired for firefighting purposes and other obligations requiring prompt payment in connection with firefighting operations, but for no other purposes.
3. All claims or demands paid by the state forester firewarden shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of such claim or claims in favor of the state forester firewarden revolving fund to be paid to the order of the state forester firewarden, and the state treasurer shall pay the same.
4. The state forester firewarden is directed to deposit the state forester firewarden revolving fund in one or more banks of reputable standing, and to secure the deposit by a depositary bond satisfactory to the state board of examiners.
[5. The state forester firewarden shall execute a bond, with good and sufficient sureties, in the amount of at least $5,000, for the faithful performance of his duties under this section.]
Sec. 24. NRS 532.040 is hereby amended to read as follows:
532.040 Before entering upon the duties of his office, the state engineer shall [:
1. Take] take and subscribe to an official oath, such as is provided by law for state officers, before some officer authorized by the law of this state to administer oaths.
κ1975 Statutes of Nevada, Page 348 (CHAPTER 270, AB 443)κ
by law for state officers, before some officer authorized by the law of this state to administer oaths. [; and
2. File with the secretary of state such oath and his official bond in the penal sum of $5,000, with not less than two sureties, to be approved by the governor, conditioned for the faithful performance of his duties and for the delivery to his successor, or other person to be appointed by the director of the state department of conservation and natural resources to receive the same, of all maps, papers, books, instruments and other property belonging to the state then in his hands and under his control, or with which he may be chargeable.]
Sec. 25. NRS 607.170 is hereby amended to read as follows:
607.170 1. When the labor commissioner deems it necessary, he [shall have the power and authority to] may take assignments of wage and commission claims and to prosecute actions for collection of wages, commissions and other demands of persons who are financially unable to employ counsel in cases in which, in the judgment of the labor commissioner, the claims for wages or commissions are valid and enforcible in the courts.
2. In all wage or commission matters and before the taking of such assignments, the labor commissioner, in his discretion, may summon to appear before him, at a suitable place in the county of the wage or commission claimant or claimants, his or their employer or employers and all other necessary persons for the purpose of adjusting and settling claims for wages or commissions before bringing suit therefor, and the labor commissioner [shall have the power to] may effect reasonable compromises of and concerning such wage or commission claims.
3. The labor commissioner or his deputy may maintain a commercial account with any bank within the state for the deposit of funds collected for wage or commission claims. Such funds shall be promptly paid to the persons entitled thereto. At the end of each calendar year, any unclaimed moneys in the commercial account which shall have been a part of such account for a period of 7 years or more shall be paid into the general fund in the state treasury for the use of the state.
[4. Before availing himself of the authority provided by subsection 3, the labor commissioner or his deputy shall give a good and sufficient bond in the penal sum of $5,000 running to the State of Nevada, conditioned that he shall faithfully discharge the duties provided by subsection 3. The bond shall be given by the state pursuant to the provisions of NRS 282.230 to 282.350, inclusive, or by two or more individuals as surety or sureties. The bond shall be subject to approval by the governor and shall then be filed with the secretary of state. If the bond in given by the state, the premium therefor shall be paid out of the moneys appropriated for the support of the labor commissioner in the manner provided by NRS 282.300.]
Sec. 26. NRS 612.230 is hereby amended to read as follows:
612.230 1. For the purpose of insuring the impartial selection of personnel on the basis of merit, the executive director shall fill all positions in the employment security department, except the post of executive director, from registers prepared by the personnel division of the department of administration, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may from time to time be adopted or prescribed by the executive director for the employment security department.
κ1975 Statutes of Nevada, Page 349 (CHAPTER 270, AB 443)κ
as may from time to time be adopted or prescribed by the executive director for the employment security department.
2. Subject to the provisions of chapter 284 of NRS, the executive director shall select all personnel either from the first five candidates on the eligible lists as provided in this chapter, or from the highest rating candidate within a radius of 60 miles of the place in which the duties of the position will be performed. The executive director is authorized to fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any such person such power and authority as he deems reasonable and proper for its effective administration.
3. [The executive director may, in his discretion, bond any person handling moneys or signing checks.
4.] The executive director shall classify positions under this chapter and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall devise and establish fair and reasonable regulations governing promotions, demotions and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.
[5.] 4. Notwithstanding the provisions of NRS 284.343, the executive director may grant educational leave stipends to officers and employees of the employment security department if all of the cost of such educational leave stipends may be paid from federal funds.
Sec. 27. NRS 612.590 is hereby amended to read as follows:
612.590 1. The state treasurer shall:
(a) Be the treasurer and custodian of the fund.
(b) Administer such fund in accordance with the directions of the executive director.
(c) Issue his warrants upon it in accordance with such regulations as the executive director shall prescribe.
2. The state treasurer shall maintain within the fund three separate accounts:
(a) A clearing account.
(b) An unemployment trust fund account.
(c) A benefit account.
3. All moneys payable to the fund, upon receipt thereof by the executive director, shall be forwarded to the state treasurer, who shall immediately deposit them in the clearing account.
4. Refunds payable pursuant to NRS 612.655 may be paid from the clearing account or from the benefit account upon warrants issued by the state treasurer under the direction of the executive director.
5. After clearance thereof, all other moneys in the clearing account shall be immediately deposited with the Secretary of the Treasury to the credit of the account of this state in the unemployment trust fund established and maintained pursuant to Section 904 of the Social Security Act, as amended, (42 U.S.C. § 1104), any provisions of law in this state relating to the deposit, administration, release or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding.
6. The benefit account shall consist of all moneys requisitioned from this states account in the unemployment trust fund.
κ1975 Statutes of Nevada, Page 350 (CHAPTER 270, AB 443)κ
7. Except as herein otherwise provided, moneys in the clearing and benefit accounts may be deposited by the state treasurer, under the direction of the executive director, in any bank or public depositary in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund.
8. [The state treasurer shall give a separate bond conditioned upon the faithful performance of his duties as custodian of the fund in an amount fixed by the executive director and in a form prescribed by law or approved by the attorney general. Premiums for the bond shall be paid from the unemployment compensation administration fund. All sums recovered on the official bond for losses sustained by the unemployment compensation fund shall be deposited in the unemployment compensation fund.
9.] Moneys in the clearing and benefit accounts shall not be commingled with other state funds, but shall be maintained in a separate account on the books of the depositary. Such moneys shall be secured by the bank or public depositary to the same extent and in the same manner as required by the general depositary laws of the State of Nevada, and collateral pledged shall be maintained in a separate custody account.
Sec. 28. NRS 616.145 is hereby amended to read as follows:
616.145 [1.] Before entering upon the duties of his office, each commissioner shall [:
(a) Take] take the oath prescribed by the constitution. [; and
(b) Give a good and sufficient bond in the penal sum of $10,000 running to the State of Nevada, conditioned that he shall fully and faithfully discharge the duties of his office.
2. The bond shall be given by the state pursuant to the provisions of NRS 282.230 to 282.350, inclusive, or by two or more individuals as surety or sureties. The bond shall be subject to approval by the governor and shall then be filed with the secretary of state. If the bond shall be given by the state, the premium therefor shall be paid out of the state insurance fund as other expenses of the commission are paid.]
Sec. 29. NRS 629.050 is hereby amended to read as follows:
629.050 1. The board shall have authority:
(a) To elect officers.
(b) To adopt a seal.
(c) To employ, pursuant to the provisions of chapter 284 of NRS, such personnel as it finds necessary.
(d) To make such rules as it deems expedient to carry this chapter into effect.
(e) To employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(f) To deposit in banks or savings and loan associations in the State of Nevada all moneys received by it.
(g) To maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
2. The board shall keep a record of its proceedings, which shall be prima facie evidence of all matters contained therein.
3. The secretary shall receive a salary in an amount set by the board.
4. [The treasurer shall give such bond, running in favor of the state, as the state treasurer may determine.
κ1975 Statutes of Nevada, Page 351 (CHAPTER 270, AB 443)κ
5.] The offices of secretary and treasurer may be combined at the discretion of the board.
[6.] 5. Every member shall receive:
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
[7.] 6. The treasurer of the board shall pay out of moneys received by the board as fees all expenses incurred by the board on vouchers signed by the president and the secretary of the board.
[8.] 7. The compensation of the members and other expenses of the board shall be paid out of the fees received from applicants, but this [shall not be construed as preventing] does not prevent appropriations to cover deficits.
Sec. 30. NRS 644.060 is hereby amended to read as follows:
644.060 1. The members of the board shall annually elect a president, a treasurer and a secretary from among their number. The member may assign the duties of the treasurer and the secretary to one person who shall be treasurer and secretary.
2. The compensation of the secretary, in either event, shall be fixed by the board, and shall be paid out of the funds received by it, and no part of such compensation shall be paid by the state.
[3. The treasurer, before entering upon the discharge of his duties, shall file with the secretary of state a good and sufficient bond in the penal sum of $2,000, payable to the State of Nevada, to insure the faithful performance of his duties. The premium for the bond shall be paid out of the funds received by the board.]
Sec. 31. NRS 645.120 is hereby amended to read as follows:
645.120 The administrator shall:
1. Possess a broad knowledge of generally accepted real estate practice and be reasonably well informed on laws governing real estate agency contracts.
2. [Furnish a surety bond in the amount of $25,000.
3.] Not be interested in any real estate or brokerage firm, nor shall he act as a broker or salesman or agent therefor.
Sec. 32. NRS 658.035 is hereby amended to read as follows:
658.035 [1.] After appointment and before entering upon the discharge of the duties of his office, the superintendent shall [:
(a) Take] take and subscribe to an official oath.
[(b) Execute to the State of Nevada a good and sufficient bond for the faithful performance of his duties, in an amount not less than $50,000, which bond shall be approved in writing annually as to adequacy by the state board of examiners, and approved as to form by the attorney general. The bond shall be filed with the director of the department of commerce.
2. In every case where the superintendent is called upon to take charge of the affairs or assets of a bank or banks, in accordance with the provisions of this Title, the state board of finance shall require him to give an additional bond in such sum as may be fixed by the state board of finance. Such bonds shall be approved in like manner as his official bond provided for in subsection 1 and filed with the director of the department of commerce.]
κ1975 Statutes of Nevada, Page 352 (CHAPTER 270, AB 443)κ
bond provided for in subsection 1 and filed with the director of the department of commerce.]
Sec. 33. NRS 679B.090 is hereby amended to read as follows:
679B.090 1. The commissioner may employ such other technical, actuarial, rating, clerical and other assistants and examiners as the commissioner may reasonably require for execution of his duties, each of whom shall be in the classified service of the state. They shall receive salaries, per diem expense allowances and travel expenses as fixed by law.
2. The commissioner may contract for and procure services of examiners and other or additional specialized technical or professional assistance, on an independent contractor or fee basis, as the commissioner may reasonably require, and none of the individuals providing such services or assistance on such a contract or fee basis shall be in the classified service of the state.
[3. Employees of the division shall be covered by surety bonds in such amounts as the commissioner may prescribe. The cost of any such bond shall be borne by the state.]
Sec. 34. NRS 209.100, 225.040, 227.050, 228.050, 282.230, 282.240, 282.250, 282.260, 282.270, 282.280, 282.300, 282.310, 282.320, 284.085, 321.020, 333.080, 344.025, 378.040, 433.110, 433.1221, 481.075, 501.183, 512.050, 538.090 and 679B.040 are hereby repealed.
Sec. 35. There is hereby appropriated from the general fund in the state treasury to the public employees retirement board the sum of $607,550 for the purpose of paying a portion of the costs for providing a $50 per month cost of living increase for all public employees who retired prior to July 1, 1963.
Sec. 36. 1. All funds which have been accumulated under the provisions of that certain act of the legislature of the State of Nevada entitled An Act to provide against losses to the state and its respective counties, townships, incorporated cities and irrigation districts through defalcation, misappropriation of funds or other wrongful acts on the part of officials or employees; to provide for the issuance of surety bonds for state, county, township, city and irrigation district officials and employees, establishing a fund therefor, and other matters relating thereto; and to repeal all acts and parts of acts in conflict therewith, approved March 26, 1937, as amended, shall be transferred to the public employees retirement fund. Such funds shall be combined with the appropriation made by section 35 of this act and segregated into a separate account within the public employees retirement fund from which a $50 per month increase for retirees who retired prior to July 1, 1963, shall be paid.
2. After the effective date of this act, the state treasurer, every county and township officer and his deputy, and officers of incorporated cities and irrigation districts and their deputies required by law in his or their official capacity to furnish a surety bond or bonds, and any employee of any county, township, incorporated city or irrigation district required by order of the board of county commissioners of any county or governing board of any incorporated city or irrigation district to furnish a surety bond or bonds, shall require such bonds in accordance with NRS 282.040 to 282.220, inclusive, unless otherwise required by law.
κ1975 Statutes of Nevada, Page 353 (CHAPTER 270, AB 443)κ
3. Those bonds which have been issued pursuant to the provisions of the act cited in subsection 1 remain in effect for the periods respectively prescribed in each bond.
Sec. 37. Section 5 of chapter 74, Statutes of Nevada 1975, is hereby repealed.
Sec. 38. This act shall become effective upon passage and approval.
________
Senate Bill No. 84Committee on Commerce and Labor
CHAPTER 271
AN ACT relating to architects; clarifying unlawful acts; increasing penalties; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 623.360 is hereby amended to read as follows:
623.360 1. [Any person violating any provisions of this chapter shall be punished by a fine of not more than $200 for the first offense and for a second or any subsequent offense shall be punished by a fine of $500.
2.] Any person is guilty of a misdemeanor who:
(a) Holds himself out to the public or solicits business as an architect in this state without having a certificate of registration issued by the board;
(b) Advertises or puts out any sign, card or other device which indicates to the public that he is an architect or that he is otherwise qualified to engage in the practice of architecture without having a certificate of registration issued by the board; or
(c) Violates any other provision of this chapter, except as provided in subsection 2.
2. Any person who engages in the practice of architecture in this state without having a certificate of registration issued to him by the board or being exempt from the provisions of this chapter is guilty of a misdemeanor with a minimum fine of $100.
3. Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this subsection shall be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking shall be required in any action commenced by the board.
________
κ1975 Statutes of Nevada, Page 354κ
Senate Bill No. 89Committee on Commerce and Labor
CHAPTER 272
AN ACT relating to architects; requiring firms, partnerships, corporations and associations practicing as architects to have a registered architect in residence responsible for the administration of the work under certain circumstances; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 623.350 is hereby amended to read as follows:
623.350 1. Nothing in this chapter shall be construed as preventing firms, partnerships, corporations or associations of architects and engineers from practicing as such, provided each member of such firm, partnership, corporation or association is registered under the provisions of this chapter or chapter 625 of NRS.
2. Every office or place of business of any firm, partnership, corporation or association engaged in the practice of architecture shall have an architect holding a certificate of registration issued under this chapter in residence and directly responsible for the administration of the architectural work conducted in such office or place of business.
3. The provisions of subsection 2 do not apply to firms, partnerships, corporations or associations engaged in the practice of architecture at offices established for construction administration.
________
Senate Bill No. 213Committee on Judiciary
CHAPTER 273
AN ACT relating to dangerous drugs; increasing the penalty for furnishing a dangerous drug without a prescription; providing an exception; requiring a pharmacist to sign his name or initials on a record for each refill of a prescription for a dangerous drug; and providing other matters properly relating thereto.
[Approved April 24, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 454.221 is hereby amended to read as follows:
454.221 1. [No person shall furnish] Any person who furnishes any dangerous drug except upon the prescription of a physician, dentist, podiatrist or veterinarian [.] is guilty of a gross misdemeanor, unless the dangerous drug was obtained originally by a legal prescription.
2. The provisions of this section do not apply to the furnishing of any dangerous drug by a physician, dentist, podiatrist or veterinarian to his own patients as provided in NRS 454.301 or by a manufacturer or wholesaler or pharmacy to each other or to a physician, dentist, podiatrist or veterinarian or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.
κ1975 Statutes of Nevada, Page 355 (CHAPTER 273, SB 213)κ
veterinarian or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.
Sec. 2. NRS 454.271 is hereby amended to read as follows:
454.271 A record of each refill of any prescription for a dangerous drug or any authorization to refill such a prescription shall be kept on the back of the original prescription, or on a separate card or paper securely attached thereto, showing the date of each refill or authorization and [the name or initials of] shall be signed or initialed by the pharmacist who refilled the prescription or obtained the authorization to refill.
________
Assembly Bill No. 137Committee on Agriculture
CHAPTER 274
AN ACT relating to brands and marks; establishing new periods for rerecording brands and marks; and providing other matters properly relating thereto.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 564.120 is hereby amended to read as follows:
564.120 1. Any owner of a brand or brand and mark or marks of record under the provisions of NRS 564.010 to 564.150, inclusive, including brands or marks transferred under the terms of NRS 564.110, desiring legally to continue the use of the same beyond the prescribed dates shall, within [60 days prior to January 1, 1926, and within] 60 days prior to January 1, 1976, and at the end of each [5-year] 4-year period thereafter, make application to the department for the rerecording of the same.
2. The application shall be made in writing and accompanied by any rerecording fee set by the department in accord with the provisions of NRS 564.080.
3. The department shall notify every owner of a brand or brand and mark or marks of legal record in its office, including owners of brands and marks transferred under the provisions of NRS 564.110, at least 60 days prior to January 1, [1926,] 1976, and January 1 at the end of each [5-year] 4-year period thereafter, of his right to rerecord the same as provided in this section. The notice shall be in writing and shall be sent by mail to each such owner at his last address of record in the office of the department. Such notice shall be complete at the expiration of 60 days from the date of its mailing by the department.
4. The department may also advertise the approach of any rerecording period in such manner and at such times as it deems advisable.
5. Any or all brands or brands and marks for the rerecording of which the owners have not applied as provided for in this section by January 1, [1926,] 1976, or by January 1 of any [5-year] 4-year period succeeding that date, including all brands and marks of record as transferred as provided in NRS 564.110, shall be deemed abandoned and no longer of legal record as provided for by NRS 564.010 to 564.150, inclusive.
κ1975 Statutes of Nevada, Page 356 (CHAPTER 274, AB 137)κ
period succeeding that date, including all brands and marks of record as transferred as provided in NRS 564.110, shall be deemed abandoned and no longer of legal record as provided for by NRS 564.010 to 564.150, inclusive. Brands or brands and marks thus abandoned shall not be awarded or recorded by the department to persons other than those abandoning the same until 1 year [shall have] has elapsed from the date of such abandonment and the awarding and recording of abandoned brands or brands and marks to any person shall be in accord with the terms of NRS 564.010 to 564.150, inclusive.
6. The department shall furnish the legal owners of any brand or brand and mark or marks rerecorded under the provisions of this section with a certificate setting forth the fact of such rerecordation.
7. No new brands may be recorded during the 60 days of a rerecording period unless in the opinion of the executive director undue hardship would be caused the applicant.
________
Assembly Bill No. 139Committee on Agriculture
CHAPTER 275
AN ACT relating to weights and measures; requiring notification to state sealer of weights and measures when any weight or measure, or any weighing, measuring or counting instrument or device is purchased, installed or placed in use; providing a penalty; and providing other matters properly relating thereto.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 581.105 is hereby amended to read as follows:
581.105 1. [No person may sell or use for commercial purposes any weight or measure, or any weighing, measuring or counting instrument or device of any type or design which has not first been approved by the state sealer of weights and measures as being in compliance with the tolerances, specifications and requirements of this chapter.] Any person who purchases, installs or places in use for commercial purposes any weight or measure, or any weighing, measuring or counting instrument or device of any type or design shall within 48 hours notify the state sealer of weights and measures of such purchase, installation or use in writing. The notice shall inform the state sealer of:
(a) The date of purchase, installation or use;
(b) The manufacturer and model or type of the weight, measure, device or instrument; and
(c) The address at which the weight, measure, device or instrument is located.
2. Any violation of this section shall be punished as provided in NRS 581.450.
Sec. 2. NRS 581.405 is hereby amended to read as follows:
581.405 1. As used in this section, liquefied petroleum gas means and includes any material which is composed predominately of any of the following hydrocarbons, or mixtures of the same: Propane, propylene, butanes, either normal butane or isobutane, and butylenes.
κ1975 Statutes of Nevada, Page 357 (CHAPTER 275, AB 139)κ
and includes any material which is composed predominately of any of the following hydrocarbons, or mixtures of the same: Propane, propylene, butanes, either normal butane or isobutane, and butylenes.
2. Liquefied petroleum gas sold as a liquid and by meter liquid measurement shall be sold at the rate of 231 cubic inches per gallon at 60Ί F.
3. When liquefied petroleum gas is sold by use of a temperature compensating meter [approved] , suitably sealed or marked by the state sealer of weights and measures pursuant to the provisions of [NRS 581.105] NRS 581.080, the sales ticket shall:
(a) Show the number of compensated gallons delivered; and
(b) State that a temperature correction was made to 60Ί F.
4. When liquefied petroleum gas is sold by use of a volume correction factor table approved by the state sealer of weights and measures, [pursuant to the provisions of NRS 581.105] the sales ticket shall:
(a) Show the number of metered gallons delivered;
(b) Show the temperature of the liquefied petroleum gas when delivered;
(c) Before final invoicing, show the number of compensated gallons delivered; and
(d) State that a temperature correction was made to 60Ί F.
5. The temperature compensating requirements of this section shall not apply to:
(a) Sales of liquefied petroleum gas from fixed liquefied petroleum gas dispensing systems when delivery is made directly to fuel tanks of motor vehicles or to portable containers.
(b) Interstate tank car and transport truck deliveries to bulk storage, or to public utility systems using pipes or other fixtures in the public highways or streets for the transmission of liquefied petroleum gas and operating under the jurisdiction of the public service commission of Nevada, or to any public service company whose operations are subject to the jurisdiction of the public service commission of Nevada.
6. Pursuant to the provisions of NRS 581.050, the state sealer of weights and measures is authorized to establish and promulgate rules and regulations found necessary by him to carry out the provisions of this section, including without limitation rules and regulations authorizing tolerances in excess or deficiency for temperature compensating meters.
7. Any person who violates any of the provisions of this section or of the rules and regulations of the state sealer of weights and measures established and promulgated by him pursuant to the provisions of subsection 6 of this section shall be punished as provided in NRS 581.450.
________
κ1975 Statutes of Nevada, Page 358κ
Assembly Bill No. 140Committee on Agriculture
CHAPTER 276
AN ACT relating to the custom application of pesticides; making various changes in definitions; extending certain powers of the executive director of the state department of agriculture; and providing other matters properly relating thereto.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 555.261 is hereby amended to read as follows:
555.261 Agent means any person who [serves as a resident agent or] solicits business in behalf of a custom pest control [operator. Agent does not include a chemical supplier who solicits on behalf of an applicator.] licensee.
Sec. 2. NRS 555.262 is hereby amended to read as follows:
555.262 Custom application of pesticides means any: [application of pesticides for hire, or engaging in the business of pest control.]
1. Application of pesticides for hire;
2. Engagement in the business of pest control; or
3. Public representation of oneself as engaged in the business of applying pesticides.
Sec. 3. NRS 555.350 is hereby amended to read as follows:
555.350 1. The executive director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any license issued under NRS 555.2605 to 555.460, inclusive, if he finds that:
(a) The licensee is no longer qualified;
(b) The licensee has engaged in fraudulent business practices in the custom application of pesticides;
(c) The licensee has made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;
(d) The licensee has applied known ineffective or improper materials;
(e) The licensee operated faulty or unsafe equipment;
(f) The licensee has made any custom application in a faulty, careless or negligent manner;
(g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460, inclusive, or regulations made thereunder;
(h) The licensee engaged in the business of the application of a pesticide without having a licensed applicator or operator in direct on-the-job supervision;
(i) The licensee aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460, inclusive, combined or conspired with such a licensee or an unlicensed person to evade such provisions, or allowed ones license to be used by an unlicensed person; or
(j) The licensee was intentionally guilty of fraud or deception in the procurement of his license.
2. A license shall be suspended automatically, without action of the executive director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330, is canceled, and the license shall remain suspended until such insurance is reestablished.
κ1975 Statutes of Nevada, Page 359 (CHAPTER 276, AB 140)κ
drift insurance filed pursuant to NRS 555.330, is canceled, and the license shall remain suspended until such insurance is reestablished.
Sec. 4. NRS 555.380 is hereby amended to read as follows:
555.380 1. The executive director may, by regulation, prescribe materials or methods to be used and prohibit the use of materials or methods in custom application of pesticides, to the extent necessary to protect health or to prevent injury by reason of the drifting, washing or application of such materials to desired plants or animals, including pollinating insects and aquatic life. [, on property other than that owned or leased by the person for whom the materials are applied.]
2. In issuing such regulations, the executive director shall give consideration to pertinent research findings and recommendations of other agencies of this state or of the Federal Government.
Sec. 5. NRS 555.390 is hereby amended to read as follows:
555.390 The executive director may, by regulation, require any licensee to maintain such records and furnish reports giving such information with respect to particular applications of [economic poisons] pesticides and such other relevant information as the executive director may deem necessary.
Sec. 6. NRS 555.420 is hereby amended to read as follows:
555.420 For the purpose of carrying out the provisions of NRS 555.2605 to 555.460, inclusive, the executive director and his duly appointed inspectors may enter upon any public or private premises at reasonable times in order to have access for the purpose of inspecting any aircraft, [or] ground equipment, [subject to NRS 555.2605 to 555.460, inclusive.] records, storage, disposal operations or other operations which are subject to NRS 555.2605 to 555.460, inclusive, or regulations adopted thereunder.
________
Assembly Bill No. 213Committee on Agriculture
CHAPTER 277
AN ACT relating to fertilizers; permitting new labeling procedures; updating expressions dealing with fertilizer composition; making it unlawful to distribute fertilizers which include plant food elements in the grade other than those designated; and providing other matters properly relating thereto.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 588 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Substance means any material or mixture of materials which is intended to be used to promote or stimulate the growth of plants, to increase the productiveness of plants, to improve the quality of crops or to produce any chemical or physical change in the soil.
Sec. 2. NRS 588.010 is hereby amended to read as follows:
588.010 1. When used in this chapter, the words and phrases defined in NRS 588.020 to 588.150, inclusive, and section 1 of this act, shall have the meaning ascribed to them herein.
κ1975 Statutes of Nevada, Page 360 (CHAPTER 277, AB 213)κ
in NRS 588.020 to 588.150, inclusive, and section 1 of this act, shall have the meaning ascribed to them herein.
2. Words imputing the singular number may extend and be applied to several persons or things, and words imputing the plural number may include the singular.
Sec. 3. NRS 588.180 is hereby amended to read as follows:
588.180 1. The application shall include the following information in the following order:
(a) The name and address of the person guaranteeing the registration.
(b) The brand and grade.
(c) The guaranteed analysis showing the minimum percentage and source of plant food claimed in the following order and form:
Total nitrogen: Percentage ........, source ........
Available phosphoric acid: Percentage ........, source ......
Soluble potash: Percentage ........, source ........
2. Fertilizer materials containing only one plant food element and recognized by their chemical names need only be guaranteed for the plant food element contained therein.
3. Unacidulated mineral phosphatic materials and basic slag shall be guaranteed as to both total and available phosphoric acid, and the degree of fineness.
[3.] 4. In the case of bone, tankage and other natural organic phosphate materials, only the total phosphoric acid need be guaranteed.
[4.] 5. Additional plant food elements, determined by chemical methods, may be guaranteed only by permission of the executive director. When any such additional plant foods are claimed they shall be included in the guarantee, and shall be subject to inspection and analysis in accordance with the methods and regulations that may be prescribed by the executive director.
[5.] 6. The executive director may permit or require the potential basicity or acidity (expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton) to be registered and guaranteed.
Sec. 4. NRS 588.190 is hereby amended to read as follows:
588.190 The guaranteed analysis of agricultural minerals shall be stated as follows:
1. Limestone, limerock, chalk, dolomite, dolomitic limestone, marl, oystershell, shells and every other agricultural mineral, the principal constituent of which is calcium carbonate, the [neutralizing powers expressed as calcium carbonate equivalent.] percentage of calcium carbonate therein.
2. Burnt lime, quicklime, and every agricultural mineral, the principal constituent of which is calcium oxide, the percentage of calcium oxide therein.
3. Hydrated lime, slacked lime, and every agricultural mineral, the principal constituent of which is calcium hydroxide, the percentage of calcium hydroxide therein.
4. Byproducts in the manufacture of sugar or acetylene and every other agricultural mineral obtained as a byproduct, the principal constituent of which is a compound of calcium, the neutralizing powers expressed as calcium carbonate equivalent.
κ1975 Statutes of Nevada, Page 361 (CHAPTER 277, AB 213)κ
5. Gypsum, land plaster, plaster, and every agricultural mineral, the principal constituent of which is calcium sulfate, the percentage of calcium sulfate dihydrate (CaSO4-2H20) therein.
6. Sulfur, brimstone, and every agricultural mineral, the principal ingredient of which is elemental sulfur, the percentage of elemental sulfur therein.
7. In the case of any agricultural mineral not specifically mentioned herein, the percentage of all constituents claimed to be therein in terms or equivalent as prescribed by the executive director.
8. In the case of any mixture of two or more agricultural minerals, the percentage of each principal constituent as above prescribed.
Sec. 5. NRS 588.260 is hereby amended to read as follows:
588.260 1. A commercial fertilizer or agricultural mineral is misbranded if it carries any false or misleading statement upon or attached to the container or in any advertising matter accompanying or associated with the commercial fertilizer or agricultural mineral.
2. A commercial fertilizer is misbranded if it carries upon or attached to the container any numerical designation or design as part of the grade other than that referring to nitrogen, available phosphorus or phosphoric acid or soluble potassium or soluble potash.
3. It shall be unlawful to sell, offer to sell or distribute a misbranded commercial fertilizer or agricultural mineral.
________
Assembly Bill No. 288Assemblyman Young
CHAPTER 278
AN ACT relating to the state board of agriculture; requiring annual appointment of a representative to the National Livestock and Meat Board; prescribing the qualifications for the representative; making provision for defraying his expenses; and providing other matters properly relating thereto.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 561 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board shall appoint annually, on or before June 1, from the contributors to the Nevada beef promotion fund account, a representative to the National Livestock and Meat Board. The appointee must be selected from those contributors nominated by the Nevada State Cattlemens Association and the Nevada Farm Bureau Federation.
2. On or before June 1 of each year, and prior to the drawing of the warrant prescribed by subsection 2 of NRS 561.407, the state controller shall draw his warrant in favor of the board for $1,000 or an amount constituting 3 percent of the Nevada beef promotion fund account, whichever is greater. The board shall use such sum to defray the representatives expenses in attending meetings of the National Livestock and Meat Board.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 362κ
Assembly Bill No. 433Assemblymen Bennett, Chaney and Heaney
CHAPTER 279
AN ACT relating to state aid to the medically indigent; apportioning duties respecting rates and fee schedules for medical or remedial care between the state welfare board and the state welfare administrator; and providing other matters properly relating thereto.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 428.330 is hereby amended to read as follows:
428.330 1. [The board] Subject to the approval of the board, the state welfare administrator shall establish the rates or fee schedules for medical or remedial care to be provided under NRS 428.150 to 428.370, inclusive.
2. Such rates or fees shall reflect a reasonable cost for providing medical or remedial care [.] and shall be determined by taking into account legislative appropriations to the division.
3. The division may enter into contracts providing arrangements under which funds available for medical or remedial care under NRS 428.150 to 428.370, inclusive, shall be administered and disbursed to providers of medical or remedial care in consideration for services rendered and supplies furnished by them in accordance with the provisions of the applicable contract and any schedule of charges or formula for determining payment established pursuant to such contract.
________
Assembly Bill No. 459Assemblymen Dini and Hickey
CHAPTER 280
AN ACT relating to weights and measures; authorizing a 3-liquid-quart container for fluid dairy products.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 581.320 is hereby amended to read as follows:
581.320 1. All fluid dairy products, including cream and buttermilk, shall be packaged for retail sale only in units of 1 gill or less, one-half liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, one-half gallon, 3 liquid quarts, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons or multiples of 1 gallon. Containers used for the sale of such products shall be marked upon the side of each container with its capacity. The name, initial or trademark of the manufacturer shall be marked upon the side or bottom.
2. This section does not apply to eating establishments serving milk in glasses with meals.
________
κ1975 Statutes of Nevada, Page 363κ
Senate Bill No. 164Committee on Finance
CHAPTER 281
AN ACT making an appropriation from the general fund in the state treasury to the division of state parks of the state department of conservation and natural resources; and providing other matters properly relating thereto.
[Approved April 25, 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 division of state parks of the state department of conservation and natural resources the sum of $110,000 to update the comprehensive statewide outdoor recreation and historic preservation plans in accordance with NRS 407.205 to 407.209, inclusive.
Sec. 2. After June 30, 1977, 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. 349Committee on Finance
CHAPTER 282
AN ACT providing for the budget division of the department of administration to transfer funds from the highway fund salary adjustment account to the department of motor vehicles automation account to offset increased computer facility charges.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The budget division of the department of administration is hereby authorized to transfer $84,917 from the highway fund salary adjustment account to the department of motor vehicles automation account to offset the increased charges from the computer facility for the fiscal period July 1, 1974, to June 30, 1975.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 364κ
Senate Bill No. 421Committee on Government Affairs
CHAPTER 283
AN ACT to be designated as the 1975 Public Securities Validation Act; validating, ratifying, approving and confirming outstanding public securities of the state and all corporate subdivisions and agencies thereof, and acts and proceedings had or taken thereby and pertaining to public securities; repealing acts in conflict with this act; and providing other matters properly relating thereto.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known as the 1975 Public Securities Validation Act.
Sec. 2. As used in this act:
1. Public body of the state means any state educational institution or other state institution, its board of regents or other governing body thereof constituting a body corporate, any county, incorporated city or incorporated town, whether incorporated or governed under a general act, special legislative act or special charter enacted, adopted or granted pursuant to sections 1 or 8, article 8, of the constitution of the state, or otherwise, any unincorporated city or unincorporated town, any school district, local improvement district, general improvement district, irrigation district, drainage district, water conservancy district, flood control district, county fire protection district, fire protection district, housing authority, urban renewal agency, community redevelopment agency, any other corporate district, any corporate commission, or any other political subdivision of the state constituting a body corporate.
2. Public security means a bond, note, warrant, debenture, interim debenture, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any public body thereof, either a general obligation for the payment of which the state or public body issuing the obligation pledges its full faith and credit or a special obligation payable from special assessments or designated revenues from sources other than special assessments.
3. State means the State of Nevada and any board, commission, department, corporation, instrumentality or agency thereof.
4. Voted public security means a public security which has been approved by those qualified electors of the public body issuing the public security and voting on a proposal authorizing its issuance, notwithstanding any possible invalidity of such election or of the proceedings taken wholly or in part preliminary to such election.
Sec. 3. The legislature by this act finds and declares that:
1. Decisions of various state and federal courts in the United States in recent years concerning qualifications of voters at elections of various types, including, without limitation, elections on bond questions, raise by implication questions as to the possible invalidity of elections pertaining to voted public securities and the proceedings taken wholly or in part preliminary to and in the issuance of voted public securities and other public securities which may be funded wholly or in part with the proceeds of voted public securities and are issued or are to be issued in anticipation of the subsequent issuance of voted public securities.
κ1975 Statutes of Nevada, Page 365 (CHAPTER 283, SB 421)κ
2. The state and certain public bodies thereof need additional and costly public facilities and need to be able to borrow money to defray wholly or in part the cost of such facilities by the issuance of such voted public securities, other public securities issued in anticipation thereof and which may be funded by such voted public securities, and other nonvoted public securities.
3. The public health, safety, convenience and welfare require that the legislature resolve all questions as to the legality of such public securities and the proceedings had and taken prior to the adoption of this act wholly or in part preliminary to and in the issuance of such public securities, whether such public securities have heretofore been issued or are to be issued subsequent to the adoption of this act and whether any such question arises because of any irregularity or purported irregularity pertaining to such a bond election or otherwise.
Sec. 4. All outstanding voted public securities, other outstanding public securities issued in anticipation of voted public securities and which may be funded with the proceeds thereof, and other outstanding public securities of the state and of all public bodies thereof, and all acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the state or any public body thereof under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all public securities, whether issued or to be issued, are hereby validated, ratified, approved and confirmed, including, without limitation, the terms, provisions, conditions and covenants of any resolution or ordinance pertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of fees, rates, tolls and other charges, license taxes, and general and other property taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds and accounts therefor, pertaining to such public securities, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities, in the creation of such public body and in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including, without limitation, such acts and proceedings pertaining to such public securities all or any part of which have not heretofore been issued nor purportedly issued. Such outstanding public securities are and shall be, and such public securities heretofore not issued nor purportedly issued shall be, after their issuance, binding, legal, valid and enforceable obligations of the state or the public body issuing them in accordance with their terms and their authorizing proceedings, subject to the taking or adoption, in substantial and due compliance with laws pertaining to any such public securities heretofore not issued nor purportedly issued, of all acts and proceedings which are required by law to be had or taken subsequent to the acts and proceedings validated, ratified, approved and confirmed by this act.
Sec. 5. This act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such public securities were issued and such acts or proceedings were taken.
κ1975 Statutes of Nevada, Page 366 (CHAPTER 283, SB 421)κ
Sec. 6. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 7. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 91Committee on Health, Welfare and State Institutions
CHAPTER 284
AN ACT relating to licensing and regulation of health and care facilities; extending health and care facility classification to additional institutions; prohibiting misleading designations; requiring additional information on applications and licenses; and providing other matters properly relating thereto.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Alcohol or drug treatment facility means any public or private institution, except an educational institution, which is engaged in education concerning alcohol or drug abuse, prevention of the abuse and treatment, including mental and physical restoration, of alcohol or drug abusers and which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources, pursuant to subsection 3 of NRS 458.025. The term alcohol or drug treatment facility does not include services offered by volunteers or voluntary organizations.
Sec. 3. Ambulatory surgical center means a facility without inpatient beds but with limited hospital services available for diagnosis or treatment of patients by surgery under anesthesia, where the patients recovery, in the concurring opinions of the surgeon and anesthesiologist, will not require inpatient care.
Sec. 4. NRS 449.001 is hereby amended to read as follows:
449.001 As used in NRS 449.001 to 449.245, inclusive, unless the content otherwise requires, the words and terms defined in NRS 449.003 to 449.018, inclusive, and sections 2 and 3 of this act have the meanings ascribed them in such sections.
Sec. 5. NRS 449.007 is hereby amended to read as follows:
449.007 Health and care facility includes alcohol or drug treatment facility, ambulatory surgical center, child care facility, group care facility, intermediate care facility, skilled nursing facility and hospital.
κ1975 Statutes of Nevada, Page 367 (CHAPTER 284, SB 91)κ
Sec. 6. NRS 449.026 is hereby amended to read as follows:
449.026 [Every health and care facility shall include as part of its designation an additional prefatory term which denotes the level of care rendered as defined in the licensing regulations for such facilities.] The name, sign, listing or other designation of a health and care facility shall not contain any terms misleading to the public with regard to the services offered.
Sec. 7. NRS 449.040 is hereby amended to read as follows:
449.040 Any person, state or local government unit or agency thereof desiring a license under the provisions of NRS 449.001 to 449.240, inclusive, shall file with the health division an application on a form prescribed, prepared and furnished by the health division, containing:
1. The name of the applicant and, if an individual, whether the applicant has attained the age of 21 years.
2. The type of facility to be operated.
3. The location of the facility.
4. In specific terms, the nature of services and type of care to be offered, as defined in the licensing regulations.
5. The service delivery capacity.
6. The number of beds authorized.
[5.] 7. The name of the person in charge of the facility.
[6.] 8. Such other information as may be required by the health division for the proper administration and enforcement of NRS 449.001 to 449.240, inclusive.
[7.] 9. Evidence satisfactory to the health division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, like evidence shall be submitted as to the members thereof, and the person in charge of the facility for which application for license is made. If the applicant is a political subdivision of the state or other governmental agency, like evidence shall be submitted as to the person in charge of the institution for which application is made.
[8.] 10. Evidence satisfactory to the health division of the ability of the applicant to comply with the provisions of NRS 449.001 to 449.240, inclusive, and of standards, rules and regulations promulgated thereunder by the health division.
Sec. 8. NRS 449.085 is hereby amended to read as follows:
449.085 Each license issued by the health division shall be in the form prescribed by the division and shall contain:
1. The name of the person or persons authorized to operate such licensed facility;
2. The location of such licensed facility; and
3. The number of beds authorized in such licensed facility [.] , the nature of services offered and the service delivery capacity.
Sec. 9. NRS 442.250 is hereby amended to read as follows:
442.250 1. No abortion shall be performed in this state unless such abortion is performed:
(a) By a physician licensed to practice medicine in this state or by a physician in the employ of the government of the United States who:
(1) Exercises his best clinical judgment in the light of all attendant circumstances including the accepted professional standards of medical practice in determining whether to perform an abortion; and
κ1975 Statutes of Nevada, Page 368 (CHAPTER 284, SB 91)κ
circumstances including the accepted professional standards of medical practice in determining whether to perform an abortion; and
(2) Performs such abortion in a manner consistent with accepted medical practices and procedures in the community.
(b) Within 24 weeks after the commencement of the pregnancy.
(c) After the 24th week of pregnancy only if the physician has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman.
2. All abortions shall be performed in a hospital or other health and care facility licensed under chapter 449 of NRS.
3. Abortions performed within 24 weeks after the commencement of the pregnancy shall be pursuant to the prior written consent of the pregnant woman if she is 18 years of age or older. If she is under 18 years of age such abortions shall be pursuant to the prior written consent of a parent or person in loco parentis, unless she is married or otherwise emancipated. If she is married, the prior written consent of her husband shall also be given, unless she is living separate and apart from her husband.
4. Before performing an abortion, the physician shall enter in the permanent records of the patient the facts on which he based his best clinical judgment that there is a substantial risk that continuance of the pregnancy would endanger the life of the mother or would gravely impair the physical or mental health of the mother.
Sec. 10. NRS 442.270 is hereby amended to read as follows:
442.270 1. It is unlawful for any person, firm, partnership, association or corporation, including a hospital or other health and care facility to advertise in any manner, directly or indirectly, the availability of abortions or the cost thereof or the conditions under which abortions will be performed.
2. Whenever an abortion procedure results in a live birth, failure to take all reasonable steps, in keeping with good medical practice, to preserve the life and health of the live born person shall subject the person performing the abortion to Nevada laws governing criminal liability and civil liability for wrongful death and medical malpractice.
Sec. 11. NRS 458.020 is hereby repealed.
________
Senate Bill No. 384Senator Dodge
CHAPTER 285
AN ACT designating State Routes 17 and 80 as the Comstock Highway; directing the state highway engineer to place suitable markers along such state highway; and providing other matters properly relating thereto.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1975 Statutes of Nevada, Page 369 (CHAPTER 285, SB 384)κ
1. Route 17 as described in NRS 408.465 and Route 80 as described in NRS 408.805 shall be known and designated as the Comstock Highway.
2. The engineer is directed to place suitable markers along the highway at such points as he deems appropriate.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 259Committee on Health, Welfare and State Institutions
CHAPTER 286
AN ACT relating to chiropractic practice; increasing the penalty for practicing without a license; and providing other matters properly relating thereto.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 634.060 is hereby amended to read as follows:
634.060 1. If [shall be] is unlawful for any person:
[1.] (a) To practice chiropractic in this state without a license so to do.
[2.] (b) To hold himself out as a chiropractor without having a license.
2. Any person violating the provisions of this section is guilty of a gross misdemeanor.
Sec. 2. NRS 634.230 is hereby amended to read as follows:
634.230 [Any] Except as provided in NRS 634.060, any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.
________
Senate Bill No. 279Committee on Government Affairs
CHAPTER 287
AN ACT relating to local government budgets; authorizing local governments to establish and maintain petty cash accounts, imprest accounts and revolving bank accounts; regulating payments from and reimbursements of such accounts; and providing other matters properly relating thereto.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.609 is hereby amended to read as follows:
354.609 1. The governing body of any local government may, by resolution, establish one or more petty cash accounts [for] , imprest accounts or revolving bank accounts to assist in the administration of any activities in which such local government is authorized by law to engage.
κ1975 Statutes of Nevada, Page 370 (CHAPTER 287, SB 279)κ
activities in which such local government is authorized by law to engage. [in.]
2. Such resolution establishing any petty cash account, imprest account or revolving bank account shall, in detail, set forth the following:
(a) The object and purpose of such account.
(b) The source of money to be used to establish and maintain such account.
(c) The method of controlling expenditures from such account.
(d) The maximum dollar amount of any single expenditure.
3. [Expenditures from any petty cash account shall be made for items of a minor nature only and no single expenditure shall exceed $25.
4. Payments out of any petty cash account may be made directly without prior approval of the governing body of any local government.] Payments made out of any such accounts in accordance with the establishing resolution may be made directly without approval of the governing body of any local government.
4. Reimbursement of such petty cash, imprest or revolving accounts shall be effected no less often than monthly. Such reimbursement shall be supported by proper evidences of expenditures made from the account and shall be approved by the governing body in the same manner as other claims against the fund to which such reimbursement is to be charged.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 305Committee on Finance
CHAPTER 288
AN ACT relating to pensions of justices of supreme court and district court judges; adopting a graduated scale for determining the amount of such pensions; and providing other matters properly relating thereto.
[Approved April 25, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 2.060 is hereby amended to read as follows:
2.060 1. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and has ended such service shall, after such service of 20 years, and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as salary for his judicial services during the last year thereof, payable every 2 weeks from funds to be provided by direct legislative appropriation.
2. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 12 years and has ended such service shall, after such service of 12 years, and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-third the sum received as salary for his judicial services during the last year thereof, payable every 2 weeks from funds to be provided by direct legislative appropriation.
κ1975 Statutes of Nevada, Page 371 (CHAPTER 288, SB 305)κ
to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-third the sum received as salary for his judicial services during the last year thereof, payable every 2 weeks from funds to be provided by direct legislative appropriation.
3. Any justice of the supreme court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 12 years up to a maximum of 20 years, an additional 4.1666 percent of the sum received as salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any justice who desires to resign pursuant to the terms hereof shall do so by notice in writing to the governor, and shall file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned.
[4.] 5. Upon resigning as above provided and the filing of the affidavit mentioned, by any person entitled so to do pursuant hereto, the state controller shall draw his warrant, payable to the individual who has thus resigned, upon the state treasurer for the sum due such person, and the state treasurer shall pay the same out of funds to be provided by direct legislative appropriation.
[5.] 6. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have resigned pursuant hereto.
Sec. 2. NRS 3.090 is hereby amended to read as follows:
3.090 1. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and has ended such service shall, after such service of 20 years and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as salary for his judicial services during the last year thereof, payable every 2 weeks from funds to be provided by direct legislative appropriation.
2. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 12 years and has ended such service shall, after such service of 12 years and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-third the sum received as salary for his judicial services during the last year thereof, payable every 2 weeks from funds to be provided by direct legislative appropriation.
3. Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 12 years up to a maximum of 20 years, an additional 4.1666 percent of the sum received as salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any judge of the district court who desires to resign pursuant to the terms hereof shall do so by notice in writing to the governor, and shall file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned.
κ1975 Statutes of Nevada, Page 372 (CHAPTER 288, SB 305)κ
setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned.
[4.] 5. Upon resigning as above provided and the filing of the affidavit mentioned, by any person entitled so to do pursuant hereto, the state controller shall draw his warrant, payable to the individual who has thus resigned, upon the state treasurer for the sum due such person, and the state treasurer shall pay the same out of funds to be provided by direct legislative appropriation.
[5.] 6. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have resigned pursuant hereto.
________
Assembly Bill No. 155Committee on Commerce
CHAPTER 289
AN ACT relating to savings and loan associations; deleting the provisions for members of mutual associations; and providing other matters properly relating thereto.
[Approved April 29, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 673.070 is hereby amended to read as follows:
673.070 1. Building and loan associations and savings and loan associations and companies and joint-stock associations and companies and other associations and companies, except banks, trust companies, licensed brokers and credit unions, whose principal and primary business is to borrow, loan and invest money, and which issue [membership] shares or investment certificates, shall be incorporated under the provisions of this chapter. For that purpose all of the provisions of chapter 78 of NRS (Private Corporations) which are not in conflict with this chapter are hereby adopted as parts of this chapter, and all the rights, privileges and powers and all the duties and obligations of such domestic corporations and of the officers and stockholders thereof shall be as provided in chapter 78 of NRS except as otherwise provided in this chapter.
2. No person, firm, partnership, association or corporation except a savings and loan association incorporated under this chapter shall conduct or carry on the business of soliciting or advertising for the savings of shareholders, stockholders [, members] or investors and of loaning such savings. This subsection shall not apply to banks, trust companies, licensed brokers, credit unions and licensees under chapter 675 of NRS.
Sec. 2. NRS 673.207 is hereby amended to read as follows:
673.207 1. The business and affairs of every association shall be managed and controlled by a board of not less than five nor more than 15 directors, of which not more than a minority, but not more than three, may be full-time officers of the association. The persons designated in the articles of incorporation shall be the first directors.
2. Vacancies in the board of directors shall be filled by vote of the [members and] stockholders at the annual meetings or at a special meeting called for that purpose.
κ1975 Statutes of Nevada, Page 373 (CHAPTER 289, AB 155)κ
[members and] stockholders at the annual meetings or at a special meeting called for that purpose. The board of directors may fill vacancies occurring on the board, such appointees to serve until the next annual meeting of the [members and] stockholders.
3. The board of directors of any association may amend the bylaws of the association.
Sec. 3. NRS 673.339 is hereby amended to read as follows:
673.339 1. When any [savings member,] stockholder or investor [shall have] has neither paid in nor withdrawn any funds from his savings account in the association for 7 consecutive years, and his whereabouts is unknown to the association and he has not responded to a letter from the association inquiring as to his whereabouts, sent by regular, certified or registered mail to his last-known address, the association may transfer his account to a dormant accounts fund.
2. Any share or certificate account in the dormant accounts fund shall not participate in earnings of an association except by permissive action of the board of directors.
3. The [member,] shareholder or investor, or his or its executor, administrator, successor or assign, may claim the amount so transferred from his account to the dormant accounts fund at any time after the transfer.
4. Should the association be placed in liquidation while any savings account shall remain credited in the dormant accounts fund and before any valid claim shall have been made thereto, the savings account so credited, upon order of the commissioner and without any escheat proceedings, shall escheat to the State of Nevada.
Sec. 4. NRS 673.497 is hereby amended to read as follows:
673.497 1. The conservator confirmed or appointed by the court shall have all the power expressed in the court order and the following:
(a) All the rights, powers and privileges possessed by the directors [,] and officers. [and members.]
(b) The power to request the resignation of or remove any director, officer or employee for cause and upon written notice, which shall show the commissioners approval of such action.
(c) The power to accept new savings accounts and additions to existing accounts, which shall become segregated accounts and amounts, if the commissioner so orders in writing, not subject to offset and not available for liquidating any indebtedness of an association existing at the time the conservator was appointed.
2. The conservator may not:
(a) Retain special counsel or other experts without prior approval of the court;
(b) Incur any expenses other than normal operating expenses; or
(c) Liquidate assets except in the normal course of operations or for the preservation of existing asset values.
3. All expenses of the association, during such conservatorship, shall be paid by the association.
4. The amount of compensation for the conservator shall be determined by the court and paid by the association. When either the commissioner or his deputy has been appointed conservator, such compensation shall be paid to the state treasurer.
κ1975 Statutes of Nevada, Page 374 (CHAPTER 289, AB 155)κ
5. During the conservatorship, [association members] debtors to the association shall continue to make such payments to the association as may be required under the terms of their respective contracts.
6. [Savings account members] Depositers may, with the approval of the conservator, withdraw all or any part of their savings accounts under the provisions of this chapter and under such rules and regulations as the commissioner may prescribe.
7. The conservator shall return the association to the board of directors if the conditions complained of by the commissioner have been removed within 12 months of his appointment. If no such change has been effected in such time, a receiver may be appointed by the commissioner as provided in this chapter.
Sec. 5. NRS 673.018 is hereby repealed.
________
Assembly Bill No. 398Assemblymen Wagner, Heaney, Demers, Coulter, Getto, Wittenberg and Weise
CHAPTER 290
AN ACT relating to elections; changing the date of statewide primary elections; providing additional days for preparation of absent ballots; and providing other matters properly relating thereto.
[Approved April 29, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.080 is hereby amended to read as follows:
293.080 Primary election means the election on the [1st] 2nd Tuesday in September at which candidates are nominated for the general election in the same year.
Sec. 2. NRS 293.309 is hereby amended to read as follows:
293.309 1. The county clerk of each county shall prepare an absent ballot for the use of registered voters who will be unable to vote at the polling place on election day. Such ballot shall be prepared and ready for distribution not later than [30] 25 days prior to the election in which it is to be used.
2. Any legal action which would prevent such ballot from being issued [30] 25 days before the election for which it is to be used shall be moot and of no effect.
________
κ1975 Statutes of Nevada, Page 375κ
Assembly Bill No. 410Assemblyman Wagner
CHAPTER 291
AN ACT relating to political parties; changing the reference date used for determining representation in county conventions.
[Approved April 29, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.133 is hereby amended to read as follows:
293.133 1. The number of delegates from each voting precinct in each county to the county convention of any political party for such county shall be in proportion to the number of registered voters of that party residing in such precinct [at the time of the last general election] as follows:
Counties with fewer than 400 registered voters. In the counties in which the total number of registered voters of that party has not exceeded 400, each precinct shall have one delegate for each five such registered voters.
Counties with 400-600 registered voters. In counties in which such total number of registered voters of that party has exceeded 400 but has not exceeded 600, each precinct shall have one delegate for each eight such registered voters.
Counties with 600-800 registered voters. In counties in which such total number of registered voters of that party has exceeded 600 but has not exceeded 800, each precinct shall have one delegate for each 10 such registered voters.
Counties with 800-1,400 registered voters. In counties in which such total number of registered voters of that party has exceeded 800 but has not exceeded 1,400, each precinct shall have one delegate for each 15 such registered voters.
Counties with 1,400-2,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 1,400 but has not exceeded 2,000, each precinct shall have one delegate for each 20 such registered voters or major fraction of such number.
Counties with 2,000-3,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 2,000 but has not exceeded 3,000, each precinct shall have one delegate for each 30 such registered voters or major fraction of such number.
Counties with 3,000-4,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 3,000 but has not exceeded 4,000, each precinct shall have one delegate for each 35 such registered voters or major fraction of such number.
Counties with more than 4,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 4,000, each precinct shall have one delegate for each 50 such registered voters or major fraction of such number.
2. The county clerk shall determine the number of registered voters of each party [residing] in each precinct [at the time of the last general election,] as of the 1st Monday in January of each year in which a convention is held, and shall notify the county central committee of each political party of such numbers [no later than the 1st Monday in January of each year in which a convention is held.]
κ1975 Statutes of Nevada, Page 376 (CHAPTER 291, AB 410)κ
political party of such numbers [no later than the 1st Monday in January of each year in which a convention is held.] within 30 days after such determinative date.
3. In all counties every precinct shall be entitled to at least one delegate to each county convention.
________
Assembly Bill No. 495Assemblyman Moody
CHAPTER 292
AN ACT relating to credit unions; defining terms; creating a credit union division in the department of commerce and vesting such division and the commissioner of credit unions with the powers to regulate the organization and operation of credit unions in the State of Nevada; providing procedure for formation and organization; establishing powers and duties of directors, officers and committees; establishing the requirements for membership; creating presumptions of beneficial ownership of deposits, interest and dividends; establishing powers of credit unions; permitting voluntary liquidation, merger or reorganization; providing for creation of a central credit union and establishing its powers; providing penalties and providing other matters properly relating thereto.
[Approved April 29, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 56 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 89, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 25, inclusive, have the meanings ascribed to them in such sections.
Sec. 3. Account means a contract of deposit of funds between a member and a credit union and includes deposits, member or share accounts and other like arrangements regardless of whether they may be characterized as refundable capital investments.
Sec. 4. Beneficiary means any person to whom the deposits of an account are to be paid upon the occurrence of a specified condition.
Sec. 5. Board means the board of directors of a credit union formed pursuant to the provisions of this chapter.
Sec. 6. Chairman means the chairman of the board of a credit union.
Sec. 7. Commissioner means the commissioner of credit unions of the department of commerce.
Sec. 8. Credit union means a cooperative, nonprofit corporation, organized for the purposes of promoting thrift among its members and creating a source of credit for such members at a fair and reasonable rate of interest.
Sec. 9. Demand means a request for withdrawal or payment in accordance with all conditions of the account and bylaws of the credit union.
Sec. 10. Department means the department of commerce.
κ1975 Statutes of Nevada, Page 377 (CHAPTER 292, AB 495)κ
Sec. 11. Deposits means that part of the savings liability of a credit union which is credited to the account of the holder thereof.
Sec. 12. Director means the director of the department of commerce.
Sec. 13. Dividend means that part of the net earnings of an association which is declared payable by the board to the holders of record of permanent capital stock.
Sec. 14. Immediate family includes any relative, by consanguinity or marriage, of a member living in the members household and includes foster and adopted children.
Sec. 15. Loan officer means the officer appointed by the board of directors or by the credit committee to process all applications for loans from the members of the credit union.
Sec. 16. Merger means that consolidation of corporate structures which results in the uniting of substantially all the assets and liabilities of one state-chartered corporation with those of another such corporation or with those of a federal corporation.
Sec. 17. 1. Multiple-party account means:
(a) An account in the name of two or more persons, any one or more of whom may make withdrawals;
(b) An account in the name of one or more persons as trustee for one or more beneficiaries;
(c) An account established for deposit of funds of a partnership, joint venture or other association; or
(d) An account controlled by two or more persons as the duly authorized agents or trustees for a corporation, unincorporated association, charitable or civic organization or any trust, except trusts of deposits evidenced solely by the form of the deposit.
2. At least one party to a multiple-party account shall be a member of the credit union in which the account is established.
Sec. 18. Net contribution means the sum of all deposits which a party to a multiple-party account has made added to any dividends or interest due, less all withdrawals. It includes, in addition, any deposit life insurance proceeds added to the account because of the death of a party whose net contribution is in question.
Sec. 19. Party means any person who, by the terms of the account, has a present right of withdrawal in a multiple-party account. Unless the context indicates otherwise, it includes a guardian, conservator-trustee, personal representative, assignee, an attaching creditor of a party or a trustee. The term does not include any named beneficiary.
Sec. 20. Payment means the withdrawal and payment of sums on deposit on the directive of a party.
Sec. 21. Person means an association, organization, society, reciprocal insurer, partnership, firm, syndicate, business trust, corporation, every legal entity and a natural person.
Sec. 22. Proof of death means a death certificate or other statement issued by an appropriate official which indicates that a named person is deceased.
Sec. 23. Sums on deposit means the balance payable on a multiple-party account including interest, dividends and any deposit life insurance proceeds added to the account because of the death of a party.
κ1975 Statutes of Nevada, Page 378 (CHAPTER 292, AB 495)κ
Sec. 24. Trust account means any account which states that a party is a trustee for one or more identified persons, including but not limited to minors.
Sec. 25. Withdrawal means payment to a party or a third person pursuant to a directive of a party.
Sec. 26. The commissioner of credit unions shall administer the provisions of this chapter, subject to administrative supervision by the director and the credit union advisory council. He shall make the decisions and determinations and adopt regulations pursuant to chapter 233B of NRS which are necessary or reasonably appropriate to accomplish the purposes of this chapter. This chapter does not prevent any person affected by any order, ruling, proceeding, act or action of the commissioner or any person acting on his behalf, from testing the validity of the action in any court of competent jurisdiction through injunction, appeal, error or other proper process or proceeding, mandatory or otherwise.
Sec. 27. The commissioner shall:
1. Adopt a regulation establishing the minimum surety bond coverage required of credit unions in relation to the amount of property under their control;
2. Maintain the original application of every credit union in a permanent file;
3. Maintain for at least 6 years, every report filed by a credit union with the division;
4. Deposit all fees, charges for expenses, assessments and other moneys which are collected pursuant to the provisions of this chapter or any regulation promulgated thereunder, into the general fund in the state treasury; and
5. Prepare copies of articles of incorporation and bylaws consistent with the provisions of this chapter which may be used by persons interested in organizing a credit union.
Sec. 28. The commissioner shall have such technical and clerical assistance as the execution of his duties requires. Such employees in the unclassified service of the state shall receive salaries in amounts determined pursuant to statute.
Sec. 29. The commissioner may:
1. Adopt regulations, subject to the advice and consent of the credit union advisory council, establishing chartering, supervisory and examination fees; and
2. Cause appropriate legal action to be taken in the district court of any county to secure an injunction or order restraining a violation of this chapter.
Sec. 30. 1. There is hereby established a credit union advisory council to consult with, advise and make recommendations to the commissioner in all matters pertaining to credit unions.
2. The council shall consist of five persons of tested credit union experience who shall be appointed by the governor from a list of recommended names submitted by the Nevada Credit Union League. Appointments to the council shall be for terms of 4 years, except that initial appointments shall be:
(a) One member for 1 year;
κ1975 Statutes of Nevada, Page 379 (CHAPTER 292, AB 495)κ
(b) One member for 2 years;
(c) One member for 3 years; and
(d) Two members for 4 years.
All members shall serve until their successors have been appointed and qualified.
3. If a vacancy occurs, the appointment to fill such vacancy shall be made in the manner of the original appointment but only for the unexpired term.
4. The chairman of the advisory council shall be elected annually by and from the members thereof.
5. The first meeting of the advisory council shall be called by the commissioner and thereafter regular meetings shall be held at such times and places as shall be determined by the chairman or commissioner, but at least once every 6 months.
6. Council members shall serve without salary, but are entitled to per diem allowances and travel expenses at the rate provided by law for state employees.
Sec. 31. Except for credit unions organized under the Federal Credit Union Act, all credit unions whose principal business is to borrow, loan and invest money on behalf of their members and which issue membership certificates shall be incorporated under the provisions of this chapter. For that purpose, all the provisions of NRS 81.410 to 81.540, inclusive, which are not in conflict with the provisions of this chapter, apply to the rights, privileges, powers, duties and obligations of such corporations and of the officers and stockholders thereof.
Sec. 32. 1. The secretary of state shall not issue any certificate of incorporation to any credit union authorizing it to do business in this state until the articles of incorporation are approved by the commissioner.
2. An amendment to such articles of incorporation may not be filed by the secretary of state without the written approval thereof by the commissioner.
3. Any seven persons who are residents of Nevada, have a common bond and are of legal age who desire to organize a credit union under this chapter shall first execute in triplicate an application, upon forms to be issued by the commissioner, for permission to organize such an association. The applicants shall submit with or include in their application:
(a) A copy of the articles of incorporation which shall comply with the provisions of NRS 81.440 except where such provisions conflict with the provisions of this chapter.
(b) The par value of the shares which shall be in $5 multiples, not less than $5, and not more than $25.
(c) The names and addresses of the applicants and an itemized account of the financial condition of the applicants and the proposed credit union.
(d) The name, which shall include the words credit union, and the principal place of business.
(e) Any other additional information which the commissioner may require to determine the character and responsibility of the applicants and the need for a credit union in the community to be served.
The commissioner shall approve or disapprove the application within 30 days following its receipt.
4. Every application for permission to organize, as provided for in this section, shall be accompanied by an application fee and a fee payment to cover expenses attendant upon the investigation required for such approval.
κ1975 Statutes of Nevada, Page 380 (CHAPTER 292, AB 495)κ
this section, shall be accompanied by an application fee and a fee payment to cover expenses attendant upon the investigation required for such approval. The amount of the fees shall be established by regulation adopted by the commissioner.
5. The subscribers for a credit union charter shall not transact any business until formal approval of the charter has been received.
Sec. 33. 1. The articles of incorporation or bylaws may be amended as provided in the respective instruments. Any amendment to the articles of incorporation or bylaws shall not become effective until approved in writing by the commissioner.
2. The commissioner shall not charge any fee for approving amendments to the articles of incorporation or bylaws of any credit union organized pursuant to this chapter.
Sec. 34. 1. A credit union may maintain, with the approval of the commissioner, offices at locations other than its main office if the maintenance of such offices is reasonably necessary to furnish service to its members.
2. A credit union may change its principal place of business within this state upon providing written notice to the division.
3. A credit union may share office space with one or more credit unions and contract with a corporation to provide facilities or personnel.
Sec. 35. The fiscal year of all credit unions organized under this chapter shall end on the last day of December.
Sec. 36. 1. The business affairs of a credit union shall be directed by an odd-numbered board of not fewer than five directors to be elected at the annual meetings by and from the members, and an audit and credit committee if appointed by the board. The persons designated in the articles of incorporation shall be the first directors.
2. All members of the board and such committees shall hold office for such terms as the bylaws may provide.
3. Vacancies in the board of directors shall be filled by vote of the members at the annual meeting or at a special meeting called for that purpose. The board may fill any vacancies occurring in the board until successors elected at the annual meeting or special meeting have qualified. The board shall also fill vacancies in the credit and audit committees.
Sec. 37. 1. The board of directors is responsible for the general direction of the affairs, funds and records of the credit union and shall meet as often as necessary to accomplish their duties, but not less than once a month.
2. The board may appoint an executive committee of not less than three directors who may be authorized, by a majority vote of the whole board, to act for the board subject to any conditions or limitations the board may prescribe.
Sec. 38. The directors of a credit union shall:
1. Purchase a blanket fidelity bond in accordance with the regulations of the commissioner which provides the credit union with protection against losses from misappropriation, defalcation in breach of trust, negligence, acts of God or nature, fire, burglary, holdup or other cause over which the bonded officers, employers and agents had no control;
2. Declare dividends in the manner prescribed in the bylaws;
κ1975 Statutes of Nevada, Page 381 (CHAPTER 292, AB 495)κ
3. Determines the interest rate to be charged on loans and paid on deposits;
4. Limit the number of shares and the amount of deposits which may be owned by any member;
5. Establish the compensation of all employees and officers;
6. Establish the maximum secured and unsecured loan which may be made to any one member;
7. Designate a depository or depositories for the funds of the credit union;
8. Suspend or remove any member who fails to perform or negligently performs his assigned duties;
9. Establish compensation to be paid any employee, officer or other persons performing services on behalf of the credit union;
10. Determine from time to time the interest rate, consistent with the provisions of this chapter, which shall be charged on loans;
11. Authorize interest refunds to members from income earned and received in proportion to interest paid by them on such classes of loans. Such refunds shall be subject to conditions imposed by the board.
Sec. 39. The directors may:
1. Act upon applications for membership or appoint membership officers from the members of the credit union to act upon membership applications subject to conditions imposed by the board. If membership officers are appointed they shall submit at each board meeting a list of approved or pending applications for membership.
2. Invest surplus funds or designate an officer or committee to be responsible for making investments subject to rules and procedures established by the board of directors.
3. Authorize the employment of persons necessary to carry on the business of the credit union.
4. Authorize the conveyance of property.
5. Borrow or lend money to carry on the functions of the credit union.
6. Appoint any special committees which the board feels necessary to carry on the business of the credit union.
7. Perform or authorize any action not inconsistent with this chapter and not specifically reserved by the bylaws for the members.
8. Employ a general manager to be in charge of operations or, in lieu thereof, designate the treasurer to act as general manager and be in active charge of the affairs of the credit union.
9. Amend the bylaws of the credit union.
Sec. 40. 1. The board may appoint an audit committee to make a semiannual audit of the financial records of the credit union and any interim audits as may be deemed necessary by the board or as may be directed by the commissioner. A copy of the report shall be submitted to the board and a summary presented to the members at the next annual meeting.
2. The audit committee may by unanimous vote suspend any director, officer or member of the credit union following an audit, for any violation of this chapter, the charter or bylaws or for any other practice which the audit committee deems to be unsafe or unauthorized. In such cases, the audit committee shall call a special meeting of the members not less than 7 nor more than 21 days following the suspension and such suspension shall be ratified or overturned by the members.
κ1975 Statutes of Nevada, Page 382 (CHAPTER 292, AB 495)κ
audit committee shall call a special meeting of the members not less than 7 nor more than 21 days following the suspension and such suspension shall be ratified or overturned by the members.
3. Any member of the audit committee may be suspended by the board for the same reasons and in the same manner as in subsection 2.
4. The audit committee may by a majority vote call a special meeting of the members to consider any violation of this chapter, the charter or bylaws or any practice of the credit union deemed by the audit committee to be unsafe or unauthorized.
5. In lieu of having an audit committee the board of directors may employ the services of a public accountant or credit union auditing service to complete the necessary audit of the credit union records.
Sec. 41. 1. The board may appoint a credit committee consisting of an odd number of members of the credit union, but not less than three members.
2. If a credit committee is appointed by the board, it shall hold such meetings as the business of the credit union may require but it shall meet at least once a month to consider applications for loans. A loan shall not be made unless it is approved by a majority of the committee who are present at the meeting at which the application is considered.
3. The credit committee may appoint a loan officer and delegate to him the power to approve loans. Only one member of the credit committee may be appointed as loan officer or assistant loan officer.
4. If a loan is not approved by the loan officer appointed by the credit committee, the loan application shall be reviewed by the credit committee. If reviewed, all the members of the credit committee present at the review must approve the application before the loan is permitted.
5. For purposes of internal control, a loan officer is not permitted to disburse funds of the credit union for any loan which has been approved by him in his capacity as loan officer.
Sec. 42. If the commissioner notifies the board in writing that he has information that any director, officer or employee of such credit union is failing in the performance of his duties, the board shall meet and consider such matter forthwith. The commissioner shall have notice of the time and place of such meeting. If the board of directors finds the commissioners objection to be well founded, such director, officer or employee shall be removed immediately.
Sec. 43. 1. At the organizational meeting and within 30 days following each annual meeting, the directors shall elect, from their own number, the executive officers of the corporation. Such officers shall be designated as:
(a) Chairman of the board;
(b) Vice-chairman of the board;
(c) Treasurer; and
(d) Secretary.
The treasurer and secretary may be the same person.
2. The treasurer or general manager shall give a fidelity bond with good and sufficient surety in an amount and character to be determined by the board in compliance with regulations prescribed by the commissioner.
κ1975 Statutes of Nevada, Page 383 (CHAPTER 292, AB 495)κ
3. Each officer shall serve a term of 1 year or until such time as successors are chosen and have duly qualified.
4. The duties of each officer shall be as prescribed in the bylaws of the credit union.
Sec. 44. Within 30 days following the election of the executive officers, the secretary shall submit to the commissioner a list of the names and addresses of the directors, officers and committee members who have been elected or appointed.
Sec. 45. Directors and officers of an association shall be deemed to stand in a fiduciary relation to the credit union and shall discharge the duties of their respective positions in good faith and with that diligence, care and skill which ordinary, prudent men would exercise under similar circumstances in like positions.
Sec. 46. 1. A director or committee member may not be compensated for his services except that he may be provided reasonable life, health, accident and similar insurance protection.
2. Any member of the credit union may be reimbursed for necessary expenses incidental to the performance of credit union business. All such expenses shall be approved by the board.
3. Subsection 1 does not apply to officers of the credit union who also serve as members of the board or a committee.
Sec. 47. 1. The membership of a particular credit union shall be limited to the subscribers to the articles of incorporation and such other persons who have:
(a) The common bond set forth in the bylaws;
(b) Paid the entrance fee provided in the bylaws;
(c) Subscribed for one or more shares and have paid the initial installment thereon; and
(d) Complied with other requirements specified in the articles of incorporation or bylaws.
2. The common bond required for membership in credit unions organized under the provisions of this chapter may include, but are not limited to persons who:
(a) Have a similar occupation, association or interest;
(b) Reside within an identifiable neighborhood, community or rural district; or
(c) Are employed by the same employer,
and members of the immediate families of such persons.
3. Any member of a credit union who loses the bond that is characteristic of all other members may be permitted to retain his membership in the credit union at the discretion of the board of directors.
Sec. 48. 1. Shares may be issued to and deposits received from a minor and such minor may withdraw the shares and deposits, including the dividends and interest thereon. For purposes of making deposits, share investments and withdrawals a minor shall be deemed of legal age.
2. A minor under 16 years of age is not entitled to vote in the meeting of the members either personally or through his parent or guardian. A person may not become a director until he has reached the age of majority.
Sec. 49. 1. A credit union may receive savings deposits from its members, subject to such conditions and such return as may be established by the board.
κ1975 Statutes of Nevada, Page 384 (CHAPTER 292, AB 495)κ
members, subject to such conditions and such return as may be established by the board.
2. Christmas clubs, vacation clubs and other thrift accounts may be operated in accordance with the provisions of the bylaws.
Sec. 50. 1. The presumptions created by sections 50 to 53, inclusive, of this act, concerning beneficial ownership as between parties, or as between parties and beneficiaries, of multiple-party accounts are relevant only to controversies between these persons, their creditors or other successors, and do not affect the rights of withdrawal of such persons as determined by the terms of account contracts. The presumptions are based upon inferences of the intention of parties to multiple-party accounts arising from the form of the account and the usual expectations of people using these accounts. The presumptions are rebuttable by clear and convincing evidence of a different intention.
2. A presumption of survivorship is not subject to change by will, but may be rebutted by a written order signed by a party and made during his lifetime which directs the credit union to change the form of the account or directs that payment not be made in accordance with the provisions of the account.
3. Any transfers resulting from the application of these presumptions are effective by reason of the account contracts involved in this chapter and are not to be considered as testamentary or subject to the probate laws.
Sec. 51. 1. A multiple-party account which provides that sums on deposit or in shares may be paid on demand to any one of two or more parties is deemed to belong to the parties in proportion to their net contributions.
2. In the absence of satisfactory proof of net contributions, those who are parties to a multiple-party account shall be deemed to be tenants in common of the deposits.
3. The death of any party to a multiple-party account has no effect on the beneficial ownership of the account other than to transfer the decedents right to his estate unless the account is a trust or joint tenancy.
Sec. 52. 1. A multiple-party account payable to two or more persons, jointly or severally, which does not expressly provide that there is not a right of survivorship, though there is no mention of survivorship or joint tenancy, is presumed to be a survivorship account. At the death of a party, sums on deposit in a survivorship account belong to the surviving party or parties as against the estate of the decedent. The right of survivorship continues between survivors.
2. Where there are two or more survivors, their respective ownerships shall be in proportion to their previous net contributions augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before his death, plus the proceeds of insurance on decedents life paid to the account.
Sec. 53. 1. Except where there is evidence of a trust other than as provided by the form of the account, the account and any sums withdrawn therefrom are presumed to belong beneficially to the trustee until his death. At the death of the trustee or surviving trustee any sums remaining on deposit are presumed to belong to the person or persons named as beneficiaries, if living, or the survivor of them if one or more have died before the trustee.
κ1975 Statutes of Nevada, Page 385 (CHAPTER 292, AB 495)κ
named as beneficiaries, if living, or the survivor of them if one or more have died before the trustee. The death thereafter of any beneficiary has no effect on the equal ownership of all who survived the trustee, as survivorship is not presumed to attend the relationship of several beneficiaries who survive a trustee. If no beneficiary survives the trustee the sums are presumed to belong to the estate of the trustee or the last trustee to die.
2. If two or more parties are named as trustees on the account, and there is no evidence of trust except as provided by the form of the account, the account is presumed to be a survivorship account between trustees.
Sec. 54. 1. A credit union may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on demand, to any one or more of the parties unless the terms of the account expressly stipulate that joint signatures are required.
2. A credit union is not required to inquire as to the source of funds received for deposit to a multiple-party account or to inquire as to the proposed application of any sum withdrawn from an account.
3. A multiple-party account may be created with any person designated by the credit union member, but a joint tenant shall not be permitted to vote, obtain loans or hold office unless he is a qualified member.
Sec. 55. 1. Except for payments made by a credit union after receipt of written notice from a party who has a present right of withdrawal to the effect that withdrawals in accordance with the terms of the account should not be permitted, any payments made pursuant to sections 56 and 57 of this act discharges the credit union from all claims for amounts so paid regardless of whether or not the payment was consistent with the beneficial ownership between parties, beneficiaries or their successors.
2. If a party to a multiple-party account gives written notice to a credit union that withdrawals in accordance with the terms of the account should not be permitted, unless the notice is withdrawn by such party his death does not permit withdrawal under the terms of the account and the personal representative or heirs of the decedent must concur in any demand for withdrawal by any other party.
Sec. 56. 1. Any account payable to a trustee for another person may be paid to the trustee on demand.
2. Unless a credit union has received written notice of the terms of any trust other than the form of the account, payment may be made to the:
(a) Personal representative or heirs of a deceased trustee if proof of death is presented to the credit union showing that the decedent was the survivor of all other persons named on the account either as trustee or beneficiary; or
(b) Beneficiary upon presentation to the credit union of proof of death showing that such beneficiary or beneficiaries survived all persons named as trustees.
3. The protection provided a credit union in subsections 1 and 2 has no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts.
κ1975 Statutes of Nevada, Page 386 (CHAPTER 292, AB 495)κ
Sec. 57. 1. Except as provided in subsection 2, if a multiple-party account does not include a condition requiring joint signatures for withdrawals a credit union may pay any sum in such account on the demand of any party without regard to whether any other party is incompetent or deceased at the time the payment is demanded.
2. If the account is deemed to be a survivorship account pursuant to section 52 of this act, payment may not be made to the personal representative or heirs of a deceased party unless proof of death is presented to the credit union showing that the decedent was the last surviving party.
Sec. 58. Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, when a party to a multiple-party account is indebted to a credit union, the credit union has a right to setoff against the entire amount of the account.
Sec. 59. 1. If a credit union is unable to establish contact with a member, beneficiary or other person via first class mail at the last address shown on the records of the credit union, and such inability continues for a period of more than 5 consecutive years, all shares, deposits, accounts, dividends, interest and other sums due to or standing in the name of such member, beneficiary or other person may, by action of the board, be credited to the reserve fund of the credit union, and thereafter no dividends or interest accrue thereto.
2. Any member whose property has been placed in the reserve fund pursuant to subsection 1, is entitled to reclaim such property by presenting acceptable identification at the credit union business office or by proper judicial proceedings within an additional 10 years after such action of the board of directors.
3. This section does not apply to shares, deposits, accounts, dividends, interest and other sums due to or standing in the name of two or more persons unless the credit union is unable to contact any of such persons in the manner and during the period specified in subsection 1.
Sec. 60. 1. The annual meeting and any special meetings of the members of the credit union shall be held at the time and place and in the manner indicated in the bylaws.
2. A member may not vote by proxy, but a society, association, copartnership or corporation having membership in the credit union may be represented and vote by one of its members or shareholders if such person has been fully authorized by the governing body of the society, association, copartnership or corporation to represent it.
3. At all meetings a member has but one vote irrespective of his share holdings.
Sec. 61. Every credit union organized under the provisions of this chapter has all the powers granted by NRS 81.500 that are not inconsistent with the provisions of this chapter and in addition thereto, the powers enumerated in sections 62 to 65, inclusive, of this act.
Sec. 62. A credit union may, subject to the regulations or approval of the commissioner:
1. Receive from its members or from the members of another credit union deposits which are payable on demand and to honor requests for withdrawals in the form of checks or drafts.
2. Borrow from any source in accordance with the policy established by the board of directors and discount and sell any eligible obligations.
κ1975 Statutes of Nevada, Page 387 (CHAPTER 292, AB 495)κ
3. Sell all or any part of its assets or purchase all or any part of the assets of another credit union.
Sec. 63. A credit union may:
1. Require, at the discretion of the directors, the payment of an entrance fee or annual membership fee of any person admitted to membership;
2. Collect, receive and disburse moneys and charge a fee for services rendered in connection with the sale of negotiable checks, money orders and other money-type instruments and for such other purposes as may provide benefit or convenience to its members; and
3. Assess charges to members in accordance with the bylaws for failure to promptly meet their obligations to the credit union.
Sec. 64. A credit union may:
1. Hold membership in other credit unions organized under this chapter, in the Nevada Credit Union League and in other organizations composed of credit unions;
2. Perform such tasks and missions as may be requested by the Federal Government, the State of Nevada or any agency or political subdivision thereof when approved by the board of directors and not inconsistent with the provisions of this chapter; and
3. Act as fiscal agent for and receive deposits from the Federal Government, or any of the subdivisions thereof.
Sec. 65. A credit union may:
1. Contribute to, support or participate in any nonprofit service facility whose services will benefit the credit union or its membership;
2. Make donations or contributions to any nonprofit civic, charitable or community organization as authorized by the board of directors; and
3. Perform trust services for its members, including the trust estates of deceased members, and act as a custodian of qualified pension funds of self-employed individuals under the provisions of 26 U.S.C. § 861 et seq.
Sec. 66. 1. Shares may be subscribed to, paid for and transferred in such manner as the bylaws may prescribe. A certificate shall not be issued to denote ownership of a share in a credit union.
2. The credit union may impress a lien on the shares, deposits, accumulated dividends or interest of a member in his individual, joint or trust account for any sum due the credit union from such member or for any loan endorsed by him.
3. If the losses of any credit union, resulting from a depreciation in value of its loans or investments or otherwise, exceed its undivided earnings and reserve fund so that the estimated value of its assets is less than the total amount due the shareholders, the credit union may, by a majority vote of the entire membership, order a reduction in the shares of each of its shareholders to divide the loss proportionately among the members. If thereafter the credit union realizes from such assets a greater amount than was fixed by the order of reduction, such excess shall be divided among the shareholders whose assets were reduced, but only to the extent of such reduction.
Sec. 67. 1. Prior to the payment of any dividend, the gross earnings of the credit union must be determined. From the gross earnings a regular reserve against losses shall be set aside according to the following schedule:
κ1975 Statutes of Nevada, Page 388 (CHAPTER 292, AB 495)κ
(a) Until the regular reserve equals 7.5 percent of the outstanding loans and risk assets, 10 percent of the gross earnings shall be withheld. Thereafter, 5 percent of the gross income shall be withheld until the regular reserve reaches 10 percent of the outstanding loans and risk assets.
(b) Whenever the regular reserve falls below the required levels, it shall be replenished by regular contributions sufficient to maintain the regular reserve at the levels required by paragraph (a).
2. All entrance fees, charges and transfer fees shall, after the payment of organizational expenses, be added to the regular reserve.
3. The regular reserve belongs to the credit union and shall not be distributed except on liquidation of the credit union or in accordance with a plan approved by the commissioner.
Sec. 68. In addition to regular reserve, special reserves to protect the interest of members shall be established when:
1. Required by regulations issued by the commissioner; or
2. Directed by the board of the credit union.
Sec. 69. For the purpose of establishing the reserves required by sections 67 and 68 of this act, all assets except the following are considered risk assets:
1. Cash on hand;
2. Deposits or shares in federal or state banks, savings and loan associations and credit unions;
3. Assets which are insured by, fully guaranteed as to principal and interest by, or due from the U.S. Government, its agencies, the Federal National Mortgage Association or the Government National Mortgage Association;
4. Loans to other credit unions;
5. Loans to students insured under the provisions of the Higher Education Act of 1965 (20 U.S.C. § 1071 et seq.) or similar state insurance programs;
6. Loans insured under the National Housing Act, as amended (12 U.S.C. § 1703) by the Federal Housing Administration;
7. Shares or deposits in central credit unions organized under the provisions of section 85 of this chapter or of any other state law or the Federal Credit Union Act of 1934, as amended (12 U.S.C. § 1751 et seq.);
8. Common trust investments which deal in investments authorized by this chapter;
9. Prepaid expenses;
10. Accrued interest on nonrisk investments;
11. Furniture and equipment; and
12. Land and buildings.
Sec. 70. 1. The board may, after provision for the required reserves, declare a dividend to be paid from the remaining net earnings at a rate, interval and upon such shares as they determine. Dividends shall be paid on all paid-up shares outstanding at the close of the period for which the dividend is declared.
2. Shares which become fully paid-up during such dividend period and are outstanding at the close of the period are entitled to a proportional part of such dividend.
κ1975 Statutes of Nevada, Page 389 (CHAPTER 292, AB 495)κ
3. Dividend credit for a month may be accrued on shares which are or become fully paid up during that month.
Sec. 71. Funds not used in loans to members may be invested in:
1. Securities, obligations, participations or other instruments of or issued by or fully guaranteed as to principal and interest by the United States of America or any agency thereof or in any trust or trusts established for investing directly or collectively in the same;
2. Obligations of this state or any political subdivision thereof;
3. Certificates of deposit or passbook type accounts issued by a state or national bank, mutual savings bank or savings and loan association;
4. Loans to or shares or deposits of other credit unions as permitted by the bylaws;
5. Capital shares, obligations or preferred stock issues of any agency or association organized either as a stock company, mutual association or membership corporation if the membership or stockholdings, as the case may be, of such agency or association are confined or restricted to credit unions or organizations of credit unions, and the purposes for which such agency or association is organized are designed to service or otherwise assist credit union operations;
6. Shares of a cooperative society organized under the laws of this state or the United States in a total amount not exceeding 10 percent of the shares, deposits and surplus of the credit union;
7. Stocks and bonds of United States corporations to a maximum of 5 percent of members shares, except that such investment shall be limited to income stocks or bonds which appear on a list approved by the commissioner published quarterly (or annually), such list to include no fewer than 30 corporations; and
8. Loans to any credit union association, national or state, of which the credit union is a member, except that such an investment shall be limited to 1 percent of the shares, capital deposits and unimpaired surplus of the credit union.
Sec. 72. 1. A credit union may purchase insurance on the lives of its members in an amount equal to their respective shares, deposits and loan balances or any of them.
2. A credit union may enter into cooperative marketing arrangements for its members covering such services as group life insurance, temporary disability coverage, health and accident plans and such other programs which are demonstrated to be in the interest of improving the economic and social conditions of the credit unions members.
3. A credit union must apply to the commissioner for insurance of member accounts pursuant to the Federal Credit Union Act of 1934, as amended, (12 U.S.C. § 1781 et seq.), and take all actions necessary to maintain an insured status thereunder.
4. The commissioner shall make available financial condition and audit reports to the administrator of the National Credit Union Administration and may accept any report of examination made on behalf of such administrator. If a credit union is closed because of bankruptcy or insolvency, the commissioner may appoint the administrator of the National Credit Union Administration as the liquidating agent.
Sec. 73. 1. A credit union may make loans to members in accordance with the provisions of the bylaws upon receipt of approval by the credit committee or loan officer at a rate of interest not exceeding 1 percent per month on the unpaid monthly balance unless a higher rate is approved by the commissioner.
κ1975 Statutes of Nevada, Page 390 (CHAPTER 292, AB 495)κ
credit committee or loan officer at a rate of interest not exceeding 1 percent per month on the unpaid monthly balance unless a higher rate is approved by the commissioner.
2. Every application for a loan shall be made in writing upon a form furnished by the credit union which has been approved by the board. The application shall include the purpose for which the loan is desired and the security, if any, offered.
3. A loan shall not be made to any member in an aggregate amount in excess of 10 percent of the credit unions unimpaired capital and surplus.
4. A credit union may participate with other credit unions, corporations or financial institutions in making loans to credit union members.
5. A member may receive a loan in installments or in one sum and may pay the whole or any part of his loan on any day on which the office of the credit union is open for business.
Sec. 74. 1. The credit committee or loan officer may approve, at his own discretion or upon application by a member, an extension of the maximum credit any member had previously been allowed. If an extension of credit is permitted, applications for loans within the credit limitation need no further consideration so long as the aggregate obligation of the member does not exceed the credit limit.
2. The credit committee or loan officer shall, at least once each year, review all extensions of credit and any extension of credit shall expire if the member becomes more than 90 days delinquent in his obligations to the credit union.
Sec. 75. 1. A credit union may make loans to its directors and to members of its committees, if any loan or aggregate of loans to any one director or committee member which exceeds $2,500 plus pledged shares is approved by the board.
2. A credit union may permit directors and members of its committees to act as guarantor or endorser of loans to other members, except that when such a loan standing alone or when added to any outstanding loan or loans to the guarantor exceeds $2,500, approval of the board is required.
Sec. 76. 1. In addition to generally accepted types of security, the endorsement of a note by a guarantor or assignment of shares or wages, in a manner consistent with the laws of this state, shall be deemed security within the meaning of this chapter.
2. The credit committee or loan officer, subject to the provisions of this chapter and the bylaws, is responsible for determining the adequacy of security for any loans.
Sec. 77. 1. All records of a credit union incorporated under this chapter shall be kept for a period of 6 years from the date of making the record or from the date of the last entry.
2. A credit union is not required to receipt for payment, except as may be provided in the bylaws, nor is it necessary to endorse a note showing date of payments or balance due.
Sec. 78. 1. Every credit union organized under this chapter shall submit an annual financial report for the calendar year to the commissioner on or before the 1st day of February on forms supplied by him for that purpose.
κ1975 Statutes of Nevada, Page 391 (CHAPTER 292, AB 495)κ
2. Any credit union that does not submit such report within 15 days after the due date is subject to a penalty of $5 for each day the report remains delinquent, which the commissioner may forgive for good cause shown.
Sec. 79. 1. The division shall annually conduct or cause to be conducted an examination of each credit union organized under the provisions of this chapter. For the purpose of performing such examination, the personnel of the division may:
(a) Subpena witnesses and documents;
(b) Administer oaths; and
(c) Compel the giving of testimony.
2. The report of such examination shall contain comments to the members relative to the management of the affairs of the credit union and the general condition of the assets. Within 30 days following the receipt of such report, the directors shall call a general meeting of key personnel to consider matters contained in such report.
3. A copy of the report shall be forwarded to the chairman of each credit union within 30 days following the examination and such report shall be read to the members at the next annual meeting.
4. The directors may engage a qualified audit service or accountant to perform such an examination in lieu of the division staff. In such cases, the examination shall be equivalent to the type examination made by the division and the expense shall be borne by the credit union being inspected.
Sec. 80. 1. If the division determines that any credit union organized pursuant to the provisions of this chapter is bankrupt or insolvent, has willfully violated the provisions of this chapter or is operating in an unsafe or unsound manner, the division may, if emergency action is required to protect the assets of the members, issue an order temporarily suspending the credit unions operations. Notice of the suspension of operations and of the impending hearing shall be given to the board in accordance with the provisions of NRS 233B.121. Operations of the credit union shall cease upon receipt of notice from the division.
2. At the scheduled hearing, the board shall, if it desires to continue operations, submit a plan of corrective actions. If the board desires, it may, prior to the hearing, request the commissioner to declare the credit union insolvent and appoint a liquidating agent.
3. If the credit union is not represented at the scheduled hearing or the division rejects the credit unions plan to continue operations, the commissioner may appoint a liquidating agent and dissolve the credit union.
4. Any credit union aggrieved by the action of the commissioner or division pursuant to this section is entitled to judicial review and a stay of such action pursuant to NRS 233B.130 and 233B.140.
Sec. 81. 1. At a meeting called to consider dissolution, a majority vote of the entire membership may dissolve a credit union if notice of such meeting was mailed to the members at least 10 days prior thereto. Any member who was not present at the meeting may, within the next 20 days, vote in favor of dissolution by signing a form furnished by the division and filing such form with the secretary.
2. If a majority of the members vote to dissolve, the credit union shall, except for the purpose of liquidation, cease its business operations immediately.
κ1975 Statutes of Nevada, Page 392 (CHAPTER 292, AB 495)κ
shall, except for the purpose of liquidation, cease its business operations immediately.
3. Following a vote to dissolve a credit union, the chairman shall, within 5 days, notify the division by mail of the credit unions intention to liquidate and include with such notice a list of the names and addresses of the directors and officers.
Sec. 82. 1. A liquidating credit union shall continue in existence for the purpose of discharging its debts, collecting and distributing its assets, and doing any other acts required to wind up its business.
2. The board or, in the case of involuntary dissolution, the liquidating agent, shall pay from the assets, the obligations of the credit union in the following order:
(a) Expenses incidental to liquidation including any surety bond that may be required.
(b) Any liability due to nonmembers.
(c) Deposits and savings club accounts.
If any assets remain, they shall be distributed to the members proportionately to the number of shares held by each member as of the date dissolution was approved by the members or ordered by the commissioner.
3. As soon as the board or the liquidating agent determines that all assets from which there is a reasonable expectancy of realization have been liquidated and distributed as set forth in this section, he shall execute a certificate of dissolution on a form provided by the division and shall file such form with the proper recording authority within the county in which the credit union has its principal place of business. After filing or recording, and indexing the original form shall be forwarded to the division and upon its receipt and filing such credit union shall be officially dissolved.
Sec. 83. 1. Any credit union may, with the approval of the commissioner, merge with another credit union under the existing charter of the other credit union, pursuant to any plan agreed upon by the majority of the board of each credit union joining in the merger and approved by the affirmative vote of a majority of the members of each credit union present at meetings called for such purpose.
2. After agreement by the directors and approval by the members of each credit union, the chairman and secretary of each credit union shall execute a certificate of merger, which shall set forth:
(a) The time and place of the meeting of the board of directors at which the plan was agreed upon;
(b) The vote in favor of adoption of the plan;
(c) A copy of the resolution or other action by which the plan was agreed upon;
(d) The time and place of the meeting of the members at which the plan agreed upon was approved; and
(e) The vote by which the plan was approved by the members.
3. A copy of each of the certificates executed pursuant to subsection 2 and a copy of the plan of merger agreed upon by the merging credit unions shall be forwarded to the division for certification and returned to the merging credit unions within 30 days.
4. After a merger is effected, all property, property rights and interest of the merged credit union shall vest in the surviving credit union without deed, endorsement or other instrument of transfer, and all debts, obligations and liabilities of the merged credit union shall be deemed to have been assumed by the surviving credit union under whose charter the merger was effected.
κ1975 Statutes of Nevada, Page 393 (CHAPTER 292, AB 495)κ
without deed, endorsement or other instrument of transfer, and all debts, obligations and liabilities of the merged credit union shall be deemed to have been assumed by the surviving credit union under whose charter the merger was effected.
5. This section is to be liberally construed to permit a credit union chartered under this chapter to merge with a credit union chartered under any other provisions of law.
Sec. 84. 1. A credit union chartered under the laws of this state may be converted to a credit union chartered under the laws of any other state or under the laws of the United States, subject to regulations adopted by the commissioner.
2. A credit union chartered under the laws of the United States or of any other state may convert to a credit union chartered under the laws of this state. To effect such a conversion, a credit union must comply with all the requirements of the authority under which it was originally chartered and the requirements of the commissioner and file proof of such compliance with the commissioner.
Sec. 85. 1. A central credit union may be organized and operated under the provisions of this chapter and is subject to all provisions not inconsistent with this section. Such credit union shall use the term central in its official name.
2. A central credit union has all the rights and powers of any other credit union organized under this chapter and, in addition, a central credit union may:
(a) Make loans to other credit unions;
(b) Purchase shares and make deposits in other credit unions;
(c) Obtain the assets and liabilities of any credit union operating in this state which enters into liquidation;
(d) Invest in and grant loans to associations of credit unions or organizations chartered to provide exclusive service to credit unions; and
(e) Borrow money from any source and issue notes or debentures.
Sec. 86. The field of membership for a central credit union consists of:
1. Credit unions and all officers, directors and committee members and employees of a credit union organized pursuant to the provisions of this chapter or pursuant to federal laws;
2. Employees of an association of the Nevada Credit Union League;
3. Resident employees of federal or state government agencies responsible for the supervision of credit unions in this state;
4. Employees of a common employer with insufficient numbers to form or conduct the affairs of a separate credit union, if approved by the commissioner; and
5. Persons who are members of credit unions in this state whose credit unions have entered or are about to enter into voluntary or involuntary dissolution proceedings.
Sec. 87. 1. The board of each credit union that becomes a member of a central credit union shall designate one person to be its voting representative in the central credit union.
2. The voting representative of a member credit union is eligible to hold office in the central credit union as if such person is an individual member of the central credit union.
κ1975 Statutes of Nevada, Page 394 (CHAPTER 292, AB 495)κ
Sec. 88. 1. All shares, deposits and accumulations on such shares and deposits of any credit union organized under the provisions of this chapter or any other provisions of law are exempt from the tax imposed by chapter 367 of NRS.
2. The participation by a credit union in any government program providing unemployment, social security, old-age pension or other benefits is not a waiver of the taxation exemption granted by this section.
3. The real property and any tangible personal property owned by a credit union organized pursuant to this chapter or any other provision of law is subject to taxation to the same extent as other similar property is taxed.
Sec. 89. 1. Any person, except a credit union organized under the provisions of this chapter or the Nevada Credit Union League, which uses a name or title containing the words credit union or any derivation thereof or representing themselves in their advertising or otherwise as conducting business as a credit union is guilty of a gross misdemeanor.
2. Any person who maliciously and knowingly spreads false reports about the management or finances of any credit union is guilty of a gross misdemeanor.
Sec. 90. NRS 232.230 is hereby amended to read as follows:
232.230 1. The department of commerce is hereby created.
2. The department shall consist of a director and the following divisions:
(a) Banking division.
(b) Consumer affairs division.
(c) Credit union division.
(d) Insurance division.
[(d)] (e) Real estate division.
[(e)] (f) Savings and loan division.
[(f)] (g) State fire marshal division.
Sec. 91. NRS 232.250 is hereby amended to read as follows:
232.250 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department. In making such appointments, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and shall make such appointments after consultation with and concurrence of such organizations. The chief of the banking division shall be known as the superintendent of banks, the chief of the consumer affairs division shall be known as the commissioner of consumer affairs, the chief of the credit union division shall be known as the commissioner of credit unions, the chief of the insurance division shall be known as the commissioner of insurance, the chief of the real estate division shall be known as the real estate administrator, the chief of the savings and loan division shall be known as the commissioner of savings associations and the chief of the state fire marshal division shall be known as the state fire marshal.
2. Be responsible for the administration, through the divisions of the department, of the provisions of Titles 55 to 57, inclusive, of NRS, chapter 645 of NRS, NRS 598.360 to 598.640, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
κ1975 Statutes of Nevada, Page 395 (CHAPTER 292, AB 495)κ
Sec. 92. 1. For the purpose of permitting the department of commerce to make the necessary preparations to implement the provisions of this act it shall become effective upon passage and approval, but for all other purposes it shall become effective on July 1, 1975.
2. The director of the department of commerce may designate members of his staff to perform the duties of the credit union division until sufficient state credit unions exist to warrant a credit union division staff.
________
Assembly Bill No. 580Assemblymen Demers, Jacobsen, Vergiels, Jeffrey, Schofield and Banner
CHAPTER 293
AN ACT relating to the collection of taxes; excusing the ex officio tax receiver from issuing a receipt for property taxes unless requested by the taxpayer.
[Approved April 29, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.485 is hereby amended to read as follows:
361.485 1. Whenever any tax is paid to the ex officio tax receiver he shall appropriately record such payment and the date thereof on the tax roll contiguously with the name of the person or the description of the property liable for such taxes, and shall give a receipt [therefor.] for such payment if requested by the taxpayer.
2. If the assessment roll is maintained on magnetic storage files in a computer system, the requirement of subsection 1 is met if the system is capable of producing, as printed output, the assessment roll with the dates of payments shown opposite the name of the person or the description of the property liable for such taxes.
________
Assembly Bill No. 491Assemblymen Jeffrey and Sena
CHAPTER 294
AN ACT relating to licensing; transferring certain authority of the Nevada gaming commission over pari-mutuel wagering licenses to the Nevada racing commission; relaxing restrictions; and providing other matters properly relating thereto.
[Approved April 30, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 466.100 is hereby amended to read as follows:
466.100 1. Any person or persons, association or corporation desiring to conduct racing within the State of Nevada during any calendar year shall apply to the commission for a license so to do.
κ1975 Statutes of Nevada, Page 396 (CHAPTER 294, AB 491)κ
2. An application shall be filed with the secretary of the commission on or before a date to be fixed by the commission. The application shall:
(a) Specify the days on which such race meeting is desired to be conducted or held.
(b) Be in such form and supply such data and information as the commission shall prescribe.
3. The decision of the commission on the award of all dates shall be final, but the commission shall, in awarding dates, give preference to agricultural associations for the dates on which each has conducted racing in previous years.
4. The commission shall have the power to revoke, modify or suspend a license or to refuse to issue the same if it has reasonable cause to believe that the public interest can best be served. No license may be revoked or suspended until after a hearing held by the commission after notice in writing to the licensee or his agent or employee in charge of the licensed premises. The reasons for such action shall be written in full in the records of the commission. The action of the commission in revoking, modifying, suspending or refusing to issue a license as requested by an applicant is subject to review by the courts of this state.
5. The commission shall not grant a license to conduct pari-mutuel wagering in connection with any racing event unless and until the applicant has been investigated [and approval recommended] as provided in NRS 466.105.
6. A license to conduct greyhound racing:
(a) May be issued only in conjunction with a license to conduct horse racing and for a track on which horse racing is actually [conducted; and] conducted, unless the commission, for good cause, modifies or waives such requirements for a period not exceeding 1 year from the date of opening; and
(b) Shall provide that the days of greyhound racing shall not exceed [2] 3 days to 1 day of horse racing in any 1 year.
7. Prior to the running of any race meet licensed by the commission, the licensee shall post with the commission cash not to exceed $50,000 or a bond payable to the State of Nevada in such amount, not to exceed $50,000, as the commission deems necessary, issued by a corporate surety authorized to do business in this state, conditioned for the payment of all moneys due to the state, the payment of purses to the participants, and the employees of the licensee. After the race meet the same shall be returned or exonerated as the case may be, upon full performance by the licensee. Agricultural associations conducting race meets are exempt from this subsection.
8. A licensee holding a license to conduct greyhound racing shall not sell any stock in such enterprise to the public.
Sec. 2. NRS 466.105 is hereby amended to read as follows:
466.105 1. Every application for a license to conduct pari-mutuel wagering under this chapter shall be [referred by the Nevada racing commission to the Nevada gaming commission, which shall prescribe and furnish the forms on which any such application shall be made.] made upon forms prescribed and furnished by the racing commission.
κ1975 Statutes of Nevada, Page 397 (CHAPTER 294, AB 491)κ
2. [The Nevada gaming commission shall cause every such applicant to be investigated in the manner prescribed by and pursuant to chapter 463 of NRS for the investigation of an applicant for a state gaming license. The Nevada gaming commission and the state gaming control board are vested with the same powers for this purpose as for the investigation of an applicant for a state gaming license. The Nevada gaming commission may promulgate appropriate rules applicable only to applicants investigated pursuant to this section, and may declare the inapplicability of specified general rules for gaming license applicants to applicants investigated under this section.] The Nevada racing commission shall refer such applications to the Nevada gaming commission for investigation, by the state gaming control board, of the applicant, including officers and directors thereof. Such investigations shall be conducted in the same manner as those for gaming license applicants but subject to the rules and regulations of the racing commission.
3. The cost of each investigation made pursuant to this section shall be paid by the applicant. [The Nevada gaming commission shall prescribe by regulation the manner of computing and collecting such cost.] Investigation costs shall be charged on the same basis as those for gaming license investigations.
4. The Nevada gaming commission [shall recommend to the Nevada racing commission either the approval or the denial of each application for a license to conduct pari-mutuel wagering. The Nevada racing commission may deny such an application if approval is recommended, but shall not approve such an application if denial is recommended.] , through the state gaming control board, shall investigate such persons and applicants as are referred by the racing commission and shall make a full and complete report thereof to the racing commission.
Sec. 3. Section 2.330 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as added by chapter 366, Statutes of Nevada 1973, at page 462, is hereby amended to read as follows:
Section 2.330 Powers of city council: Dog racing; licensing and regulation.
1. The city council may [, until July 1, 1978,] license and regulate greyhound racing within the city.
2. An application for licensing under this section shall not be considered unless the applicant has first been approved for licensing by the Nevada racing commission. Each member of the firm, partnership, association or corporation receiving such license shall be approved by the city council before such license is issued. Not more than one such license shall be issued and it shall not be transferable.
3. Such racing is subject to the control of the Nevada racing commission. Pari-mutuel wagering may be permitted at the track where such racing occurs. [, subject to the control of the Nevada gaming commission.]
________
κ1975 Statutes of Nevada, Page 398κ
Senate Bill No. 400Committee on Judiciary
CHAPTER 295
AN ACT relating to insurance; authorizing the commissioner of insurance to promulgate regulations establishing a Nevada Essential Insurance Association; vesting administrative powers in a board of directors; assigning powers and duties to the association and the commissioner; and providing other matters properly relating thereto.
[Approved April 30, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 679B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. If after a hearing the commissioner determines that a voluntary or mandatory plan would, in his judgment, fail for any reason to provide essential insurance coverage, he may, by regulation, establish a nonprofit unincorporated legal entity to be known as the Nevada Essential Insurance Association. All insurers required to participate pursuant to subsection 3 of NRS 686B.180 shall become members of the association as a condition of their authority to transact insurance in this state.
2. The association shall perform its functions under a plan of operation established by regulations promulgated by the commissioner pursuant to subsection 1 of NRS 686B.180.
Sec. 3. 1. The administrative powers of the Nevada Essential Insurance Association shall be vested in a board of directors consisting of not less than five nor more than nine members serving terms as established in the plan of organization. The members of the board shall be appointed by the commissioner with due consideration given to the composition of the membership of the association and to the interests of the insureds who are provided essential insurance coverage by the association.
2. Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors and for reasonable and equitable compensation as may be prescribed by the terms of the plan of organization.
3. The board of directors of the association shall submit to the commissioner a plan of organization for the association and make suitable or necessary amendments thereto to assure the fair, reasonable and equitable administration of the association. The plan of operation shall become effective upon approval, in writing by the commissioner.
4. If the association fails to submit a suitable plan of operation within a reasonable period of time, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall promulgate a plan as necessary or advisable to effectuate the provisions of this section.
Sec. 4. 1. The Nevada Essential Insurance Association shall, for purposes of this section and to the extent approved by the commissioner, have the general powers and authority granted under the laws of this state to carriers licensed to transact the kinds of insurance defined in NRS 681A.020 to 681A.080, inclusive.
2. The association may take any necessary action to make available necessary insurance, including but not limited to the following:
κ1975 Statutes of Nevada, Page 399 (CHAPTER 295, SB 400)κ
(a) Assess participating insurers amounts necessary to pay the obligations of the association, administration expenses, the cost of examinations conducted pursuant to NRS 687A.110 and other expenses authorized by this chapter. The assessment of each member insurer for the kind or kinds of insurance designated in the plan shall be in the proportion that the net direct written premiums of the member insurer for the preceding calendar year bear to the net direct written premiums of all member insurers for the preceding calendar year. A member insurer may not be assessed in any year an amount greater than 5 percent of his net direct written premiums for the preceding calendar year. Each member insurer shall be allowed a premium tax credit at the rate of 20 percent per year for 5 successive years following termination of the association.
(b) Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this section.
(c) Sue or be sued, including taking any legal action necessary to recover any assessments for, on behalf of or against participating carriers.
(d) Investigate claims brought against the fund and adjust, compromise, settle and pay covered claims to the extent of the associations obligation and deny all other claims. Process claims through its employees or through one or more member insurers or other persons designated as servicing facilities. Designation of a service facility is subject to the approval of the commissioner but such designation may be declined by a member insurer.
(e) Classify risks as may be applicable and equitable.
(f) Establish appropriate rates, rate classifications and rating adjustments and file such rates with the commissioner in accordance with NRS 686B.
(g) Administer any type of reinsurance program for or on behalf of the association or any participating carriers.
(h) Pool risks among participating carriers.
(i) Issue and market, through agents, policies of insurance providing the coverage required by this section in its own name or on behalf of participating carriers.
(j) Administer separate pools, separate accounts or other plans as may be deemed appropriate for separate carriers or groups of carriers.
(k) Invest, reinvest and administer all funds and moneys held by the association.
(l) Borrow funds needed by the association to effect the purposes of this section.
(m) Develop, effectuate and promulgate any loss-prevention programs aimed at the best interests of the association and the insuring public.
(n) Operate and administer any combination of plans, pools, reinsurance arrangements or other mechanisms as deemed appropriate to best accomplish the fair and equitable operation of the association for the purposes of making available essential insurance coverage.
Sec. 5. The commissioner and the Nevada Essential Insurance Association may:
1. Give consideration to the need for adequate and readily accessible coverage, to alternative methods of improving the market affected, to the preferences of the insurers and agents, to the inherent limitations of the insurance mechanism, to the need for reasonable underwriting standards and to the requirement of reasonable loss-prevention measures.
κ1975 Statutes of Nevada, Page 400 (CHAPTER 295, SB 400)κ
the insurance mechanism, to the need for reasonable underwriting standards and to the requirement of reasonable loss-prevention measures.
2. Establish procedures that will create minimum interference with the voluntary market.
3. Spread the burden imposed by the facility equitably and efficiently.
4. Establish procedures for applicants and participants to have grievances reviewed.
5. Take all reasonable and necessary steps to dissolve the association at the earliest date when essential insurance becomes readily available in the private market. The dissolution of the association, including its assets and liabilities, shall be accomplished under the supervision of the commissioner in an equitable and reasonable manner.
Sec. 6. There is no liability on the part of, and no cause of action of any nature arises, against the Nevada Essential Insurance Association or its agents or employees, members of the board or the commissioner or his representatives for any good faith performance of their powers and duties under sections 1 to 6, inclusive, of this act.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 401Committee on Judiciary
CHAPTER 296
AN ACT relating to insurance; revising provisions relating to mandatory insurance plans when essential insurance coverage is unavailable; clarifying the definition of liability insurance as a form of casualty insurance; eliminating malpractice insurance as a separate form of casualty insurance; and providing other matters properly relating thereto.
[Approved April 30, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 681A.020 is hereby amended to read as follows:
681A.020 1. Casualty insurance includes:
(a) Vehicle insurance. Insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, from any hazard or cause, and against any loss, liability or expense resulting from or incidental to ownership, maintenance or use of any such vehicle, aircraft or animal, together with insurance against accidental injury to individuals, irrespective of legal liability of the insured, including the named insured, while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft or draft or riding animal, if such insurance is issued as an incidental part of insurance on the vehicle, aircraft or draft or riding animal.
(b) Liability insurance. Insurance against legal liability for the death, injury or disability of any human being, or for damage to property [;] , including liability resulting from negligence in rendering expert, fiduciary or professional services; and provisions of medical, hospital, surgical, disability benefits to injured persons and funeral and death benefits to dependents, beneficiaries or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to liability insurance.
κ1975 Statutes of Nevada, Page 401 (CHAPTER 296, SB 401)κ
or professional services; and provisions of medical, hospital, surgical, disability benefits to injured persons and funeral and death benefits to dependents, beneficiaries or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to liability insurance.
(c) Workmens compensation and employers liability. Insurance of the obligations accepted by, imposed upon or assumed by employers under law for death, disablement or injury of employees.
(d) Burglary and theft. Insurance against loss or damage by burglary, theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation, or wrongful conversion, disposal or concealment, or from any attempt at any of the foregoing, including supplemental coverage for medical, hospital, surgical and funeral expense incurred by the named insured or any other person as a result of bodily injury during the commission of a burglary, robbery or theft by another, and also, insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances or any other valuable papers and documents, resulting from any cause.
(e) Personal property floater. Insurance upon personal effects against loss or damage from any cause.
(f) Glass. Insurance against loss or damage to glass, including its lettering, ornamentation and fittings.
(g) Boiler and machinery. Insurance against any liability and loss or damage to property or interest resulting from accidents to or explosions of boilers, pipes, pressure containers, machinery or apparatus, and to make inspection of and issue certificates of inspection upon boilers, machinery and apparatus of any kind, whether or not insured.
(h) Leakage and fire extinguishing equipment. Insurance against loss or damage to any property or interest caused by the breakage or leakage of sprinklers, hoses, pumps and other fire-extinguishing equipment or apparatus, water pipes or containers, or by water entering through leaks or openings in buildings, and insurance against loss or damage to such sprinklers, hoses, pumps and other fire-extinguishing equipment or apparatus.
(i) Credit and mortgage guaranty. Insurance against loss or damage resulting from failure of debtors to pay their obligations to the insured, and insurance of real property mortgage lenders against loss by reason of nonpayment of the mortgage indebtedness.
(j) [Malpractice. Insurance against legal liability of the insured, and against loss, damage or expense incidental to a claim of such liability, and including medical, hospital, surgical and funeral benefits to injured persons, irrespective of legal liability of the insured, arising out of the death, injury or disablement of any person, or arising out of damage to the economic interest of any person, as the result of negligence in rendering expert, fiduciary or professional service.
(k)] Elevator. Insurance against loss of or damage to any property of the insured, resulting from the ownership, maintenance or use of elevators, except loss or damage by fire, and to make inspection of and issue certificates of inspection upon, elevators.
[(l)] (k) Congenital defects. Insurance against congenital defects in human beings.
κ1975 Statutes of Nevada, Page 402 (CHAPTER 296, SB 401)κ
[(m)] (l) Livestock. Insurance against loss or damage to livestock, and services of a veterinary for such animals.
[(n)] (m) Entertainments. Insurance indemnifying the producer of any motion picture, television, radio, theatrical, sport, spectacle, entertainment, or similar production, event or exhibition against loss from interruption, postponement or cancellation thereof due to death, accidental injury or sickness of performers, participants, directors or other principals.
[(o)] (n) Miscellaneous. Insurance against any other kind of loss, damage or liability properly a subject of insurance and not within any other kind of insurance as defined in this chapter, if such insurance is not disapproved by the commissioner as being contrary to law or public policy.
2. Provision of medical, hospital, surgical and funeral benefits, and of coverage against accidental death or injury, as incidental to and part of other insurance as stated under paragraphs (a) (vehicle), (b) (liability), (d) (burglary), (g) (boiler and machinery), [(j) (malpractice),] and (k) (elevator) of subsection 1 shall for all purposes be deemed to be the same kind of insurance to which it is so incidental, and shall not be subject to provisions of this code applicable to life and health insurances.
Sec. 2. NRS 686B.180 is hereby amended to read as follows:
686B.180 1. If the commissioner finds after a hearing that in any part of this state any essential insurance coverage is not readily available in the voluntary market, and that the public interest requires such availability, he may by [rule] regulation either promulgate plans to provide such insurance coverages for any risks in this state which are equitably entitled to but otherwise unable to obtain such coverage, or may call upon the industry to prepare plans for his approval. Such plans may also include any kind of reinsurance that is unavailable and that would facilitate making essential insurance coverage available where it would otherwise not be available.
2. The plan promulgated or prepared under subsection 1 shall:
(a) Give consideration to the need for adequate and readily accessible coverage, to alternative methods of improving the market affected, to the preferences of the insurers and agents, to the inherent limitations of the insurance mechanism, to the need for reasonable underwriting standards, and to the requirement of reasonable loss-prevention measures;
(b) Establish procedures that will create minimum interference with the voluntary market;
(c) Spread the burden imposed by the facility equitably and efficiently within the industry; and
(d) Establish procedures for applicants and participants to have grievances reviewed by an impartial body.
3. Each plan shall require participation by all insurers doing any business in this state of the [types] kinds covered by the specific plan and all agents licensed to represent such insurers in this state for the specified [types] kinds of business, except that the commissioner may exclude kinds of insurance, classes of insurers or classes of persons for administrative convenience or because it is not equitable or practicable to require them to participate in the plan.
κ1975 Statutes of Nevada, Page 403 (CHAPTER 296, SB 401)κ
4. The plan may provide for optional participation by insurers not required to participate under subsection 3.
5. Each plan shall provide for the method of underwriting and classifying risks, [and] making and filing rates [applicable thereto.] , adjusting and processing claims and any other insurance or investment function that is necessary for the purpose of providing essential insurance coverage.
6. The plan shall specify the basis of participation and assessment of insurers [and] as necessary and shall provide for the participation of agents and the conditions under which risks must be accepted.
7. Every participating insurer and agent shall provide to any person seeking coverages of kinds available in the plans the services prescribed in the plans, including full information on the requirements and procedures for obtaining coverage under the plans whenever the business is not placed in the voluntary market.
8. The plan shall specify what commission rates shall be paid for business placed in the plans.
9. If the commissioner finds that the lack of cooperating insurers or agents in an area makes the functioning of the plan difficult, he may order that the plan set up a branch service office or take other appropriate steps to insure that service is available.
10. The existing assigned risk plan set up under former NRS 694.390 shall continue unless changed in accordance with this chapter.
Sec. 3. Chapter 686B of NRS is hereby amended by adding thereto a new section which shall read as follows:
There is no liability on the part of, and no cause of action of any nature arises, against the commissioner or his representatives or any essential insurance association, its agents or employees, under a plan established pursuant to the provisions of NRS 686B.180, for any good faith action taken by them in the performance of their powers and duties under such plan.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 402Committee on Judiciary
CHAPTER 297
AN ACT regarding liability of persons rendering gratuitous emergency care; revising provisions relating to location of emergency; and providing other matters properly relating thereto.
[Approved April 30, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 41.500 is hereby amended to read as follows:
41.500 1. [Any] Except as provided in NRS 41.505, any person in this state, who renders emergency care or assistance [at the scene of] in an emergency, gratuitously and in good faith, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.
κ1975 Statutes of Nevada, Page 404 (CHAPTER 297, SB 402)κ
any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.
2. Any person in this state who acts as an ambulance driver or attendant on an ambulance operated by a volunteer ambulance service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting such injured or ill person to or from any health facility, clinic, doctors office or other medical facility, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such ambulance driver or attendant in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
3. Any duly appointed member of a volunteer ambulance service or a duly appointed volunteer member of an ambulance service operated by a political subdivision of this state, other than an ambulance driver or attendant, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such member whenever he is performing his duties in good faith as a member of such volunteer ambulance service or ambulance service operated by a political subdivision.
4. Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting such injured or ill person to or from any health facility, clinic, doctors office or other medical facility, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
Sec. 2. NRS 41.505 is hereby amended to read as follows:
41.505 1. Any physician or registered nurse who in good faith gives instruction to a paramedic at the scene of an emergency, and the paramedic 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.
2. Any person licensed under the provisions of chapters 630, 632 or 633 of NRS, who renders emergency care or assistance in an emergency, gratuitously and in good faith, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such licensed person in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
κ1975 Statutes of Nevada, Page 405 (CHAPTER 297, SB 402)κ
This section does not excuse a physician or nurse from liability for damages resulting from his acts or omissions which occur in a licensed health care facility relative to any person with whom there is a pre-existing patient relationship.
Sec. 3. Section 1 of chapter 33, Statutes of Nevada 1975, is hereby amended to read as follows:
Section 1. NRS 41.505 is hereby amended to read as follows:
41.505 1. 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.
2. Any person licensed under the provisions of chapters 630, 632 or 633 of NRS, who renders emergency care or assistance in an emergency, gratuitously and in good faith, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such licensed person in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician or nurse from liability for damages resulting from his acts or omissions which occur in a licensed health care facility relative to any person with whom there exists a paid patient relationship.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 403Committee on Judiciary
CHAPTER 298
AN ACT relating to damages in civil actions; requiring the amount of judgment for damages in personal injury actions against providers of medical care or services to be reduced by the amount paid prior to judgment by the defendant to the plaintiff for medical, hospital or similar expenses occasioned by an injury.
[Approved April 30, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 42 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any action for damages for personal injury against any provider of medical care or services, the amount of damages, if any, awarded in such action shall be reduced by the amount of any prior payment made by or on behalf of the provider to the injured person or to the claimant to meet reasonable expenses of medical care, other essential goods or services or reasonable living expenses.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 406κ
Senate Bill No. 405Committee on Judiciary
CHAPTER 299
AN ACT relating to medical malpractice; requiring expert medical testimony or certain other evidence to establish deviations from accepted standards of care and to establish causation, except in specified instances; creating a rebuttable presumption; and providing other matters properly relating thereto.
[Approved April 30, 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:
Liability for personal injury or death shall not be imposed upon any provider of medical care based on alleged negligence in the performance of such care unless evidence consisting of expert medical testimony, material from recognized medical texts or treatises or the regulations of the licensed health care facility wherein such alleged negligence occurred is presented to demonstrate the alleged deviation from the accepted standard of care in the specific circumstances of the case and to prove causation of the alleged personal injury or death, except that such evidence consisting of expert medical testimony, text or treatise material or facility regulations is not required and a rebuttable presumption that the personal injury or death was caused by negligence arises where evidence is presented that the personal injury or death occurred in any one or more of the following circumstances:
1. A foreign substance other than medication or a prosthetic device was unintentionally left within the body of a patient following surgery;
2. An explosion or fire originating in a substance used in treatment occurred in the course of treatment;
3. An unintended burn caused by heat, radiation or chemicals was suffered in the course of medical care;
4. An injury was suffered during the course of treatment to a part of the body not directly involved in such treatment or proximate thereto; or
5. A surgical procedure was performed on the wrong patient or the wrong organ, limb or part of a patients body.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 407κ
Senate Bill No. 406Committee on Judiciary
CHAPTER 300
AN ACT relating to medical malpractice actions; empowering the warden of the Nevada state prison, the administrator of the mental hygiene and mental retardation division of the department of human resources and a parent, guardian or custodian of a minor child to bring a medical malpractice action on behalf of a person under their control who has a probable cause of action but who is under a legal disability; prohibiting any person under a legal disability from bringing a medical malpractice action against an alleged tortfeasor when his disability is removed but after the period of limitations has elapsed; and providing other matters properly relating thereto.
[Approved April 30, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 11.400 is hereby amended to read as follows:
11.400 1. [No] Except as provided in subsection 2, an action for injury or death against a [physician or surgeon, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, osteopath, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, veterinarian or a licensed hospital as the employer of any such person] health care provider as defined in subsection 5 shall not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:
(a) Injury to or wrongful death of a person, based upon such [persons] health care providers alleged professional negligence; or
(b) Injury to or wrongful death of a person for rendering professional services without consent; or
(c) Injury to or wrongful death of a person for error or omission in such [persons] health care providers practice.
2. This time limitation [shall be] is tolled for any period during which such [person] health care provider has concealed any act, error or omission upon which such action is based and which is known or through the use of reasonable diligence should have been known to [him.] such health care provider.
3. For purposes of this section, the warden of the Nevada state prison and the administrator of the mental hygiene and mental retardation division of the department of human resources shall be deemed the guardian of every person subject to their respective control who is under a legal disability and are responsible for exercising reasonable judgment in determining whether to initiate any cause of action arising under this section which any such legally disabled person may have against any health care provider under subsection 1. If the warden or administrator fails to take action on behalf of such legally disabled person within the prescribed period of limitation, the legally disabled person shall not be permitted to bring an action based on the same injury against any health care provider under subsection 1 upon the removal of his legal disability.
κ1975 Statutes of Nevada, Page 408 (CHAPTER 300, SB 406)κ
4. For purposes of this section, the parent, guardian or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to initiate any cause of action which such minor child may have against any health care provider under subsection 1. If the parent, guardian or custodian fails to take any action on behalf of such child within the prescribed period of limitations, such child shall not be permitted to bring an action based on the same alleged injury against any health care provider under subsection 1 upon the removal of his disability, except that in the case of brain damage or birth defect the period of limitation is extended until the child attains 10 years of age.
5. As used in this section, health care provider means a physician or surgeon, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, osteopath, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, veterinarian or a licensed hospital as the employer of any such person.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 408Committee on Judiciary
CHAPTER 301
AN ACT relating to consent for medical and surgical procedures; providing that a physician has obtained a patients consent if he has done certain prescribed acts; providing for implied consent in certain cases; and providing other matters properly relating thereto.
[Approved April 30, 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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A physician licensed to practice medicine under the provisions of chapter 630 of NRS has conclusively obtained the consent of a patient for a medical or surgical procedure if he has done the following:
1. Explained to the patient in general terms without specific details, the procedure to be undertaken;
2. Explained to the patient alternative methods of treatment, if any, and their general nature;
3. Explained to the patient that there may be risks, together with the general nature and extent of the risks involved, without enumerating such risks; and
4. Obtained the signature of the patient to a statement containing an explanation of the procedure, alternative methods of treatment and risks involved, as provided in this section.
Sec. 3. In addition to the provisions of chapter 129 of NRS and any other instances in which a consent is implied or excused by law, a consent to any medical or surgical procedure will be implied if:
κ1975 Statutes of Nevada, Page 409 (CHAPTER 301, SB 408)κ
1. In competent medical judgment the proposed medical or surgical procedure is reasonably necessary and any delay in performing such procedure could reasonably be expected to result in death, disfigurement, impairment of faculties, or serious bodily harm; and
2. A person authorized to consent is not readily available.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 409Committee on Judiciary
CHAPTER 302
AN ACT relating to medical malpractice; providing for joint medical-legal screening panels; establishing procedures; requiring submission of malpractice claims to such panels prior to court action; and providing other matters properly relating thereto.
[Approved April 30, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 3 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires:
1. Administrator means a screening panel administrator designated by the board of governors of the State Bar of Nevada or the executive committee of the Nevada State Medical Association.
2. Medical malpractice means neglect or negligence that imports a want of such attention to the natural or probable consequences of an act or omission of an act or standard of care as would reasonably be expected of an ordinarily prudent physician.
3. Physician means a person who is a graduate of an academic program approved by the board of medical examiners of the State of Nevada and has been issued a license by the board of medical examiners of the State of Nevada pursuant to chapter 630 of NRS.
4. Screening panel means a joint medical-legal screening panel composed of attorneys and physicians selected from a tentative screening panel to hear a particular medical malpractice claim.
5. Tentative screening panel means a joint medical-legal panel of persons proposed by the board of governors of the State Bar of Nevada and the executive committee of the Nevada State Medical Association for service on screening panels.
Sec. 3. There are hereby created two tentative medical-legal screening panels, one to be known as the northern panel, from which shall be selected screening panels to sit in Reno, Nevada, to hear medical malpractice claims arising in the counties of Washoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine and Carson City, and one to be known as the southern panel, from which shall be selected screening panels to sit in Las Vegas, Nevada, to hear medical malpractice claims arising in the counties of Lincoln, Nye, Esmeralda and Clark.
κ1975 Statutes of Nevada, Page 410 (CHAPTER 302, SB 409)κ
which shall be selected screening panels to sit in Las Vegas, Nevada, to hear medical malpractice claims arising in the counties of Lincoln, Nye, Esmeralda and Clark.
Sec. 4. 1. The board of governors of the State Bar of Nevada shall designate nine of its members to serve on the northern tentative screening panel and nine to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year. The executive secretary of the State Bar of Nevada, or such other person as may be designated by the board of governors, shall serve as the attorneys screening panel administrator.
2. The executive committee of the Nevada State Medical Association shall designate nine of its members to serve on the northern tentative screening panel and nine to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year. The executive director of the Nevada State Medical Association, or such other person as the executive committee may designate, shall serve as the physicians screening panel administrator.
3. At least 10 days in advance of a scheduled malpractice hearing the respective administrators shall provide to both parties lists of the names of attorneys and physicians serving on the tentative screening panel for the geographic area involved. Each party may strike up to three peremptory challenges from the list of attorneys and three from the list of physicians and shall return the lists, with challenges, to the administrators within 5 days.
4. The administrator for each profession shall select three persons from among those not challenged from the list of persons serving from the profession he represents. The six persons so selected shall constitute the screening panel for the particular medical malpractice claim to be heard, and the administrators shall immediately notify the parties and each of the members selected.
5. The screening panel shall designate one of its members as chairman.
Sec. 5. Subject to applicable requirements and procedures of chapter 233B of NRS, the screening panel administrators shall adopt uniform procedural rules for the submission and consideration of cases relating to medical malpractice against physicians.
Sec. 6. All medical malpractice claims against any physician, his associates, servants, agents or employees shall be submitted and heard by the appropriate screening panel pursuant to the uniform procedural rules adopted by the administrators.
Sec. 7. 1. The appropriate screening panel shall consider all relevant documentary and testimonial material made available to it at the hearing and shall determine only, in the light of the material presented, whether there is a reasonable possibility that the acts complained of constitute professional negligence, and whether there is a reasonable medical probability that the claimant was injured thereby.
2. The screening panels shall not determine or make findings with respect to the quantum of damages in any case submitted.
Sec. 8. No cause of action involving medical malpractice may be filed until the medical malpractice case has been submitted to an appropriate screening panel and a determination made by such panel as provided in this chapter, and any action filed without satisfying the requirements of this chapter is subject to dismissal for failure to comply with this section.
κ1975 Statutes of Nevada, Page 411 (CHAPTER 302, SB 409)κ
screening panel and a determination made by such panel as provided in this chapter, and any action filed without satisfying the requirements of this chapter is subject to dismissal for failure to comply with this section.
Sec. 9. The statute of limitations as provided in NRS 11.400 is tolled from the date the claimant files a request for a hearing by a screening panel until the screening panel notifies the parties in writing of its findings.
Sec. 10. (Deleted by amendment.)
Sec. 11. 1. In any case where a screening panel determines, by a majority vote of the members present who have sat on all hearings pertaining to the case, that the acts complained of were or reasonably might constitute professional negligence, and the claimant was or may have been injured thereby, or if there is an equal division of opinion of a panel on either or both of these issues, the panel, its members, and the Nevada State Medical Association shall provide a suitable witness who shall be a physician qualified in the field of medicine involved who shall, upon payment of a reasonable fee, consult and testify on behalf of the claimant to the same effect as if the physician had been employed originally by the claimant. If no suitable witness is available in the area in which the trial is held, the Nevada State Medical Association shall cooperate in providing a suitable witness from elsewhere.
2. Copies of the original complaint and of the findings of each screening panel with regard to each matter considered by the panel shall be forwarded to:
(a) The board of medical examiners of the State of Nevada;
(b) The county medical society of the county in which the alleged malpractice occurred; and
(c) The attorney general of the State of Nevada.
Sec. 12. This act shall become effective upon passage and approval.
________
Senate Bill No. 432Committee on Judiciary
CHAPTER 303
AN ACT relating to the practice of medicine; providing for judicial proceedings in cases where the conduct or fitness of a physician directly affects the public health; and providing other matters properly relating thereto.
[Approved April 30, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. The legislature finds and declares that:
1. The practice of the several professions which deal with human health affects the people of this state more broadly and in a more essential respect than the practice of any other profession.
κ1975 Statutes of Nevada, Page 412 (CHAPTER 303, SB 432)κ
2. Of these professions, the medical profession is accorded the widest scope of practice, deemed to possess the highest skills and therefore charged with the greatest responsibility.
3. Any substantial failure of intraprofessional discipline increases the likelihood of malpractice actions against physicians, thus increasing the cost of malpractice insurance to all physicians or making such insurance difficult to obtain. These results in turn increase the cost of medical care to the patient, decrease the protection available to him, or both. In fact a crisis in the area of medical malpractice litigation does exist in this state.
4. The public health and welfare demand for the medical profession the highest and most effective means of review and discipline, utilizing not only the specialized skills of the profession itself but the investigative authority and legal skill of the attorney general and the impartial factfinding process of the courts.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.010 to 630.030, inclusive, and sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Gross malpractice means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:
1. Performing surgery upon or otherwise ministering to a patient while the physician is under the influence of alcohol or any controlled substance as defined in chapter 453 of NRS;
2. Gross negligence;
3. Willful disregard of established medical procedures; or
4. Willful and consistent use of medical procedures, services or treatment considered by physicians in the community to be inappropriate or unnecessary in the cases where used.
Sec. 5. Malpractice means failure on the part of a physician to exercise the degree of care, diligence and skill ordinarily exercised by physicians in good standing in the community in which he practices. As used in this section, community embraces the entire area customarily served by physicians among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of that individual physician or the particular city or place where he has his office.
Sec. 6. Physician means a person who:
1. Is a graduate of an academic program approved by the board or is qualified to perform medical services by reason of general education, practical training and experience determined by the board to be satisfactory; and
2. Has received from the board a license or permit to practice medicine.
Sec. 7. Professional incompetence means lack of ability safely and skillfully to practice medicine, or to practice one or more specified branches of medicine, arising from:
1. Lack of knowledge or training;
2. Impaired physical or mental capability of the physician;
3. Indulgence in the use of alcohol or any controlled substance; or
4. Any other sole or contributing cause.
κ1975 Statutes of Nevada, Page 413 (CHAPTER 303, SB 432)κ
Sec. 8. The purpose of licensing physicians and physicians assistants is to protect the public health and safety and the general welfare of the people of this state. Any license issued pursuant to this chapter is a revocable privilege and no holder of such a license acquires thereby any vested right.
Sec. 9. 1. Any medical review panel of a hospital, medical-legal screening panel or other medical society which becomes aware of gross or repeated malpractice or of professional incompetence on the part of a physician shall, and any other person who is so aware may, file a written allegation of the relevant facts with the board or, if the physician has his office in a county of this state whose population is 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the county medical society.
2. A person who, acting individually or as a member of any panel or organization, and a panel or organization which files any allegation for the purposes of this section, except with malicious intent, are immune from any civil action for such filing or any consequential damages.
3. All proceedings subsequent to the filing of an allegation are confidential until a determination is made by the board following investigation and recommendation by the attorney general. If the board dismisses the allegation, the proceedings shall remain confidential. If the board proceeds administratively under chapter 630 of NRS or directs the attorney general to proceed judicially, confidentiality concerning the proceedings is no longer required.
Sec. 10. 1. When an allegation has been filed:
(a) With the board, it shall be reviewed by the board.
(b) With a county medical society, the society may choose to review it or may refer it to the board for review. Whether or not the society chooses to conduct the review itself, it shall forward a copy of the allegation to the board and advise the board of its decision to review or refer. Whenever an allegation is referred by the county medical society to the board for review, it shall be reviewed by the board.
Upon completion of the review, the board or the county medical society conducting the review shall determine whether the allegation is frivolous, and if it is not, determine whether, in the judgment of the board or the society, the case warrants further investigation. If it finds that further investigation is warranted, the board or society shall transmit the original allegation, along with further facts or information derived from its own review, to the attorney general.
2. The attorney general shall conduct an investigation of each allegation transmitted to him to determine whether such allegation warrants proceedings for suspension, revocation or modification of licensure. If he determines that such further proceedings are warranted, he shall report the results of his investigation together with his recommendation to the board.
3. The board shall promptly make a determination with respect to each allegation reported to it by the attorney general as to what action shall be pursued. The board shall:
κ1975 Statutes of Nevada, Page 414 (CHAPTER 303, SB 432)κ
(a) Dismiss the allegation;
(b) Proceed with appropriate administrative action under chapter 630 of NRS; or
(c) Direct the attorney general to file a petition in the district court on behalf of the board for a judicial suspension, revocation or modification.
4. The filing and review of an allegation, its dismissal without further action or its transmittal to the attorney general, and any subsequent disposition by the board, the attorney general or any court do not preclude any measure by a hospital or other institution or medical society to limit or terminate the privileges of a physician according to its rules or the custom of the profession. No civil liability attaches to any such action taken without malice even if the ultimate disposition of the allegation is in favor of the physician.
5. A county medical society may act for the purposes of this section through its governing board or through a committee appointed for this purpose.
Sec. 11. 1. The attorney general, upon direction from the board to file a petition for judicial suspension, revocation or modification on its behalf, shall file a petition in the district court for the county where the physician has his office, or if he has no office in this state then for the county where the cause of action arose, praying for the limitation, suspension or revocation of the physicians license to practice medicine. Venue may be changed as in other civil actions.
2. The filing of a petition pursuant to this section does not preclude any appropriate criminal prosecution by the attorney general or a district attorney based upon the same or other facts.
Sec. 12. 1. The judicial proceedings provided in this chapter are civil in nature, and all the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure apply except where a specifically different provision is made in this chapter.
2. In particular, the court may in a proper case by temporary restraining order or preliminary injunction, or both, limit or suspend the right of a physician to practice medicine.
3. An appeal lies to the supreme court from the decisions of the district court as in other civil matters.
Sec. 13. If the court finds that a physician is guilty of gross or repeated malpractice or is professionally incompetent to practice medicine or to practice one or more specified branches of medicine, it may:
1. Limit the practice of the physician to, or by the exclusion of, one or more specified branches of medicine.
2. Suspend the license of the physician to practice medicine, for a specified time or until further order of the court.
3. Revoke the license of the physician to practice medicine.
Sec. 14. NRS 630.010 is hereby amended to read as follows:
630.010 [As used in this chapter, board] Board means the board of medical examiners of the State of Nevada.
Sec. 15. NRS 630.015 is hereby amended to read as follows:
630.015 [As used in this chapter, physicians] Physicians assistant means a person who is a graduate of an academic program approved by the board or who, by general education, practical training and experience determined to be satisfactory by the board, is qualified to perform medical services under the supervision of a supervising physician and who has been issued a certificate by the board.
κ1975 Statutes of Nevada, Page 415 (CHAPTER 303, SB 432)κ
to perform medical services under the supervision of a supervising physician and who has been issued a certificate by the board.
Sec. 16. NRS 630.020 is hereby amended to read as follows:
630.020 1. [As used in this chapter, practice] Practice of medicine means:
(a) To diagnose, treat, correct or prescribe for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any means or instrumentality.
(b) To apply principles or techniques of medical science in the diagnosis or the prevention of any of the conditions listed in paragraph (a).
(c) To offer, undertake, attempt to do or hold oneself out as able to do any of the acts described in paragraphs (a) and (b).
2. It shall also be regarded as practicing medicine within the meaning of this chapter if anyone uses in connection with his name the words or letters M.D., or any other title, word, letter, or other designation intended to imply or designate him as a practitioner of medicine in any of its branches.
Sec. 17. NRS 630.025 is hereby amended to read as follows:
630.025 [As used in this chapter, supervising] Supervising physician means an active physician licensed in the State of Nevada who cosigns the application for certification of a physicians assistant and who employs and supervises the physicians assistant.
Sec. 18. NRS 630.030 is hereby amended to read as follows:
630.030 [As used in this chapter, unprofessional conduct means:] Unprofessional conduct includes:
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.
κ1975 Statutes of Nevada, Page 416 (CHAPTER 303, SB 432)κ
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.
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.] 8. Any conduct detrimental to the public health, safety or morals.
[13.] 9. 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.] 10. 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.] 11. 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.] 12. Performing, assisting or advising in the injection of any liquid silicone substance into the human body.
Sec. 19. (Deleted by amendment.)
Sec. 20. NRS 630.140 is hereby amended to read as follows:
630.140 1. The board [shall have the authority to] may hold hearings and conduct investigations pertaining to the issuance, suspension or revocation of licenses and pertaining to other disciplinary action and [to] take evidence on any matter under inquiry before the board.
2. If the board has reason to believe that the conduct of any physician has raised a reasonable question as to his competence to practice medicine with reasonable skill and safety to patients, the board may cause a medical competency examination of such physician for purposes of determining the physicians fitness to practice medicine with reasonable skill and safety to patients.
κ1975 Statutes of Nevada, Page 417 (CHAPTER 303, SB 432)κ
3. For the purposes of this chapter, the secretary or president of the board [shall have the authority to] may issue subpenas for the attendance of witnesses or for the production of documentary or tangible evidence.
[3.] 4. For the purposes of this chapter, the secretary of the board, or in his absence any member of the board, [shall have the power to] may administer oaths.
Sec. 21. NRS 630.300 is hereby amended to read as follows:
630.300 1. The board may revoke, either permanently or temporarily for a period to be determined by the board, the license to practice medicine of any person: [who]
(a) Who is guilty of unprofessional conduct [,] ;
(b) Who is convicted of violating any federal or state law regulating the possession, distribution or use of a controlled substance as defined in chapter 453 of NRS;
(c) Who is convicted of a felony or of any offense involving moral turpitude; or
(d) Whose license to practice medicine has been suspended or revoked by any other state for acts similar to those constituting unprofessional conduct convictions as described in paragraphs (b) and (c),
and the board may suspend that person from the practice of medicine within this state for a period to be determined by the board.
2. A certified copy of the record of any such conviction, revocation or suspension is conclusive evidence of its occurrence.
Sec. 22. NRS 630.315 is hereby amended to read as follows:
630.315 1. Whenever a written allegation of gross or repeated malpractice or of professional incompetency is filed concerning any holder of a license provided for in this chapter [is charged with the form of unprofessional conduct defined in subsection 10 of NRS 630.030, the board shall have authority, upon its own motion, to compel] the board may require that person to submit to a mental or physical examination by physicians designated by the board.
2. For the purposes of this section, every physician licensed under this chapter who accepts the privilege of practicing medicine in this state shall be deemed to have given his consent to submit to a mental or physical examination when directed to do so in writing by the board.
3. For the purposes of this section, the testimony or examination reports of the examining physicians are not privileged communications.
4. [Neither the record of any proceedings under this section nor the orders entered by the board shall be used against a physician in any other proceeding.
5.] Except in extraordinary circumstances, as determined by the board, the failure of a physician licensed under this chapter to submit to an examination, as provided in this section, when the board so directs, shall be deemed to constitute an admission of the charges against him. [, and the board then may enter a default and final order without the taking of testimony or presentation of evidence.
6. Any physician whose license is revoked for the form of unprofessional conduct defined in subsection 10 of NRS 630.030 shall be given an opportunity at reasonable intervals to demonstrate to the board that he can resume the competent practice of medicine with reasonable skill and safety to patients.]
κ1975 Statutes of Nevada, Page 418 (CHAPTER 303, SB 432)κ
Sec. 23. NRS 630.350 is hereby amended to read as follows:
630.350 1. Any person whose license has been revoked for unprofessional conduct for a specified period may apply at the end of the period of revocation for reinstatement of his license. If such an application is made, the board may take such evidence and require such proof of good moral and professional character as it shall deem proper. If the evidence fails to establish to the satisfaction of the board that the person is then of good moral and professional character or establishes that the person has practiced medicine in this state during the period of revocation, the board may deny the application for reinstatement of license.
2. Any person whose license has been revoked for [unprofessional conduct] professional incompetency on the ground of practicing medicine after having been [adjudged insane] found to be mentally ill by a court of competent jurisdiction [as provided in subsection 16 of NRS 630.030] may apply to the board for a reinstatement of his license upon restoration to or declaration of sanity. Prior to the hearing the board may require the person to submit to a mental examination by physicians designated by it and to submit such other proof of fitness as may be deemed proper by the board.
Sec. 24. NRS 630.380 is hereby amended to read as follows:
630.380 1. The board through its president or secretary-treasurer or the attorney general may maintain in any [competent] court of competent jurisdiction a suit for an injunction against any person or persons practicing any branch of medicine as defined in NRS 630.020 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 preventive as well as a punitive measure.
(b) Shall not relieve such person from criminal prosecution for practicing without a license.
Sec. 25. NRS 630.400 is hereby amended to read as follows:
630.400 Any person [is guilty of a misdemeanor] who:
1. Presents as his own the diploma, license or credentials of another; [.]
2. Gives either false or forged evidence of any kind to the board, or any member thereof, in connection with an application for a license or permit to practice medicine; [.]
3. Practices medicine under a false or assumed name or falsely personates another licensee of a like or different name [.] ; or
4. Holds himself out as a physicians assistant or who uses any other term indicating or implying that he is a physicians assistant, unless he has been certified by the board, [.]
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
Sec. 26. NRS 630.410 is hereby amended to read as follows:
630.410 Any person who practices medicine, unless licensed under this chapter, [is guilty of a gross misdemeanor.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
κ1975 Statutes of Nevada, Page 419 (CHAPTER 303, SB 432)κ
imprisonment in the state prison for not less than 1 year nor more than 6 years.
Sec. 27. This act shall become effective upon passage and approval.
________
Assembly Bill No. 647Assemblymen Jacobsen and Lowman
CHAPTER 304
AN ACT relating to the legislative building; providing offices for individual legislators and providing other improvements; making an appropriation; and providing other matters properly relating thereto.
[Approved May 1, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 331.135 is hereby amended to read as follows:
331.135 1. Except as provided in subsections 2 and 3, the legislature reserves the supervision and control of [:
1. The] the entire legislative building, including its chambers, offices, committee and other rooms, and furnishings and equipment thereof, both during and between legislative sessions. The director of the legislative counsel bureau shall provide an individual office for each legislator whose position as an officer or committee chairman does not otherwise entitle him to occupy an assigned office.
2. During periods when the legislature is not in session, the superintendent is responsible for the allocation of times and assignments for use to both governmental entities and the public of the auditorium on the first floor of the legislative building.
3. The superintendent may establish and charge such fees as may be reasonable for the use by the public of such auditorium.
4. The director of the legislative counsel bureau is authorized to assign the use of all space in the legislative building, except the auditorium on the first floor as provided in subsection 2, during the interim between sessions of the legislature.
5. At all times the maintenance of the legislative chambers and the legislative building shall be under the supervision and control of the superintendent and the chambers and building shall be kept clean, orderly and presentable as befitting public property and the dignity of the legislature.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the state public works board the sum of $252,000 for the purpose of providing:
1. Additional carpeted and furnished offices for individual legislators, to the extent required by section 1 of this act; and
2. A steel, spiral stairway leading to the roof of the legislative building for access to the air conditioning, elevator and heating control rooms.
κ1975 Statutes of Nevada, Page 420 (CHAPTER 304, AB 647)κ
The offices provided shall be larger than the smallest rooms presently occupied on the third floor of the legislative building.
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Assembly Bill No. 449Assemblyman Jacobsen
CHAPTER 305
AN ACT to amend an act entitled An Act relating to Carson City; consolidating Ormsby County and Carson City into one municipal government to be known as Carson City; providing a charter therefor; and providing other matters properly relating thereto, approved April 1, 1969, as amended.
[Approved May 1, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7.030 of Article VII of the above-entitled act, being chapter 213, Statutes of Nevada 1969, at page 308, is hereby amended to read as follows:
Section 7.030 Borrowing money.
1. Subject to the limitations imposed by this article, Carson City may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city or county or both, and for such purpose may issue bonds or other securities. The Local Government Securities Law applies to all securities so issued.
2. The board shall submit any proposal to borrow money, except [an emergency loan] short-term financing, as defined and authorized by chapter 354 of NRS, to the registered voters of the affected area in the manner provided by NRS 350.010 to 350.070, inclusive.
3. If the indebtedness if for the urban district:
(a) The question shall be submitted only to the registered voters residing in the urban district.
(b) Any property tax levied to pay the principal of or interest on such indebtedness shall be levied only upon taxable property within the urban district.
4. If the indebtedness is for the city as a whole:
(a) The question shall be submitted to the registered voters of the city.
(b) Any property tax levied to pay the principal of or interest on such indebtedness shall be levied upon all taxable property within the city.
5. Any ordinance pertaining to the sale or issuance of bonds or other securities may be adopted in the same manner as is provided for cases of emergency. A declaration by the board in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.
________
κ1975 Statutes of Nevada, Page 421κ
Assembly Bill No. 64Committee on Taxation
CHAPTER 306
AN ACT relating to civil actions; expanding requirements for actions against the state; and providing other matters properly relating thereto.
[Approved May 1, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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] Assembly Bill No. 271 of the 58th session of the legislature provided the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, and section 1 of [this act] Assembly Bill No. 271 of the 58th session of the legislature 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, in a court of proper jurisdiction within this state, 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 and complaint shall be served upon the secretary of state.
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Senate Bill No. 140Committee on Finance
CHAPTER 307
AN ACT making an appropriation to the state communications board to complete a statewide microwave system; and providing other matters properly relating thereto.
[Approved May 1, 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 communications board the sum of $119,249 for the purpose of completing a statewide microwave system.
Sec. 2. The funds appropriated by section 1 shall not be committed for expenditure after June 30, 1977, 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 422κ
Senate Bill No. 204Senator Herr
CHAPTER 308
AN ACT relating to pharmacists and pharmacy; defining a hospital pharmaceutical technician; permitting employment under certain conditions; providing for registration; and providing other matters properly relating thereto.
[Approved May 1, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Hospital pharmaceutical technician means a person who performs clerical and ministerial duties for in-patients of hospitals only.
Sec. 2. NRS 639.001 is hereby amended to read as follows:
639.001 1. As used in this chapter, the words and terms defined in NRS 639.002 to 639.016, inclusive, [shall] and section 1 of this act, have the meanings ascribed to them in [NRS 639.002 to 639.016, inclusive,] such sections unless a different meaning clearly appears in the context.
2. Unless the contest otherwise requires, the singular number [shall include] includes the plural number, and the masculine gender [shall include] includes the feminine gender.
Sec. 3. 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.................................................................................. ..... $100
For investigation or examination of applicant for certificate as registered pharmacist by reciprocity........................................................ ....... 150
For the investigation or issuance of an original license to conduct a retail pharmacy.......................................................................... ....... 150
For annual renewal of a license to conduct a retail pharmacy..... ....... 150
For issuance of certificate of registration as registered pharmacist ................................................................................................. 50
For annual renewal of certificate of registration as registered pharmacist..................................................................................................... ......... 50
For reinstatement of lapsed certificate of registration (in addition to annual renewal fees for period of lapse)................................ ......... 50
For issuance of duplicate certificate of registration...................... ......... 25
For annual registration of a hospital pharmaceutical technician ................................................................................................... 5
For issuance of manufacturers or wholesalers permit........................ 100
For issuance of annual renewal of permit for manufacturer or wholesaler..................................................................................................... ....... 100
For issuance or renewal of permit to vend, sell, offer to sell or furnish any hypodermic device............................................................ ......... 25
For issuance or renewal of permit to supply or operate vending machines or devices for distribution of any prophylactic.. ....... 100
κ1975 Statutes of Nevada, Page 423 (CHAPTER 308, SB 204)κ
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.......................... $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.
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.
Sec. 4. NRS 639.2325 is hereby amended to read as follows:
639.2325 [Hospital pharmacies may use pharmaceutical technicians in accordance with such regulations as may be adopted and promulgated by the board.] 1. A hospital pharmaceutical technician may only be employed in a hospital pharmacy, in accordance with such regulations as may be adopted by the state board of pharmacy.
2. A hospital pharmaceutical technician shall not be employed in:
(a) The out-patient section of a hospital pharmacy; or
(b) Any pharmacy other than a hospital pharmacy.
3. All work done by a hospital pharmaceutical technician shall be under the direct and immediate supervision of a registered pharmacist, who shall be responsible for all work so performed.
4. A hospital pharmaceutical technician shall register annually with the board and pay the required registration fee.
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Senate Bill No. 495Committee on Education
CHAPTER 309
AN ACT relating to manpower training; changing the name of the state advisory council for manpower training and career education to the Nevada advisory council for vocational-technical education; reducing the number of members thereof; changing the membership qualifications; and providing other matters properly relating thereto.
[Approved May 1, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 399.030 is hereby amended to read as follows:
399.030 Advisory council means the [advisory council for manpower training and career education.] Nevada advisory council for vocational-technical education.
Sec. 2. NRS 399.060 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 424 (CHAPTER 309, SB 495)κ
399.060 1. There is hereby created the [state advisory council for manpower training and career education, which shall consist of 21] Nevada advisory council for vocational-technical education, composed of 13 members.
2. The members shall be appointed by the state board for vocational education and certified by the governor.
3. The advisory council shall select one of its members as chairman.
Sec. 3. NRS 399.070 is hereby amended to read as follows:
399.070 1. The members of the advisory council shall be [from] or represent the following:
(a) Management [.] and labor.
(b) [Labor.
(c)] Department of commerce.
[(d)] (c) Department of economic development.
[(e)] (d) Employment security department.
[(f)] (e) A person having special knowledge, experience or qualifications with respect to the special educational and vocational rehabilitation needs of physically or mentally handicapped persons.
[(g) The general public.
(h) A person having special knowledge of the poor and disadvantaged.
(i)] (f) A member of the general public who has special knowledge of the poor and disadvantaged and who is not qualified for membership under any of the other provisions of this section.
(g) A local school district.
[(j) A person having special knowledge in the field of health.
(k)] (h) A person familiar with vocational education programs offered in institutions of higher education.
[(l)] (i) A person familiar with the administration of state and local vocational education problems.
[(m)] (j) A person familiar with vocational education administrative problems who is not involved in administration at either the state or local level.
[(n) The governors office.
(o)] (k) A school system with large concentrations of academically, socially, economically and culturally disadvantaged persons.
[(p)] (l) A secondary vocational classroom teacher.
(m) The manpower and vocational education services of this state.
2. The advisory council may appoint such ex officio members as desired to carry out effectively its advisory responsibilities.
Sec. 4. NRS 399.080 is hereby amended to read as follows:
399.080 1. The initial terms of members of the advisory council shall be as follows:
(a) [Seven] Four members shall be appointed to serve until June 30, [1972.] 1976.
(b) [Seven] Four members shall be appointed to serve until June 30, [1973.] 1977.
(c) [Seven] Five members shall be appointed to serve until June 30, [1974.] 1978.
2. After the expiration of the terms provided in subsection 1, the term of each succeeding member shall be 4 years.
κ1975 Statutes of Nevada, Page 425 (CHAPTER 309, SB 495)κ
3. [Members currently serving on the state advisory council for vocational education and representing the categories set forth in NRS 399.070 shall continue to serve until their appointments expire.
4.] In the event of a vacancy on the advisory council a successor shall be appointed, in the same manner as the original appointment, to fill the unexpired portion of the term.
Sec. 5. The terms of office of all members of the advisory council for manpower training and career education incumbent on July 1, 1975, expire on that date, without prejudice to the immediate reappointment of any such member who qualifies under NRS 399.070 as amended to one of the newly designated initial terms.
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Senate Bill No. 364Committee on Government Affairs
CHAPTER 310
AN ACT relating to the County Economic Development Revenue Bond Law; expanding the definition of project to promote the furnishing of water if available on reasonable demand to members of the public; authorizing counties to finance, acquire, own, lease or sell certain water projects; amending and adding definitions of certain words and terms applicable to all projects as defined in the County Economic Development Revenue Bond Law; specifying other county powers applicable to all such projects; and providing other matters properly relating thereto.
[Approved May 1, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Finance or financing includes the issue of bonds by a county for the purpose of using substantially all of the proceeds to pay (or to reimburse the obligor or its designee) for the costs of acquiring, improving and equipping a project, whether these costs are incurred by the county, the obligor or a designee of the obligor. Title to or in such project may at all times remain in the obligor or the obligors designee or assignee and, in such case, the bonds of the county shall be secured by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.
Sec. 3. Financing agreement means an agreement pursuant to which the county agrees to issue bonds pursuant to NRS 244.9191 to 244.9219, inclusive, to finance one or more projects and pursuant to which the obligor agrees to:
1. Make payments (directly or through notes, debentures, bonds or other secured or unsecured debt obligations of the obligor executed and delivered by the obligor to the county or the countys designee or assignee, including a trustee, pursuant to such financing agreement) sufficient to pay the principal of, premium, if any, and interest on the bonds;
κ1975 Statutes of Nevada, Page 426 (CHAPTER 310, SB 364)κ
2. Pay other amounts required by NRS 244.9191 to 244.9219, inclusive; and
3. Comply with all other applicable provisions of NRS 244.9191 to 244.9219, inclusive.
Sec. 4. Obligor means the individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns, who agrees to make the payments required by the financing agreement.
Sec. 5. Revenues of a project, or derived from a project, include payments under a lease, agreement of sale or financing agreement, or under notes, debentures, bonds and other secured or unsecured debt obligations of an obligor executed and delivered by the obligor to the county or the countys designee or assignee (including a trustee) pursuant to such lease, agreement of sale or financing agreement.
Sec. 6. NRS 244.9191 is hereby amended to read as follows:
244.9191 NRS 244.9191 to 244.9219, inclusive, and sections 2 to 5, inclusive, of this act may be cited as the County Economic Development Revenue Bond Law.
Sec. 7. NRS 244.9192 is hereby amended to read as follows:
244.9192 Whenever used in NRS 244.9191 to 244.9219, inclusive, unless a different meaning clearly appears from the context, the following words and terms defined in NRS 244.9193 to 244.9196, inclusive, and sections 2 to 5, inclusive, of this act, have the meanings ascribed to them in [NRS 244.9193 to 244.9196, inclusive.] such sections.
Sec. 8. NRS 244.9196 is hereby amended to read as follows:
244.9196 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial or research and development enterprises.
2. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns: [, for]
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
(b) In connection with furnishing of water if available on reasonable demand to members of the general public.
Sec. 9. NRS 244.9197 is hereby amended to read as follows:
244.9197 1. It is the intent of the legislature to authorize counties to finance, acquire, own, lease, improve and dispose of properties to the end that such counties may be able to promote industry and develop trade by inducing manufacturing, industrial and research and development enterprises to locate in or remain in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources.
κ1975 Statutes of Nevada, Page 427 (CHAPTER 310, SB 364)κ
parts of this state and in furthering the use of its agricultural products and natural resources. It is, therefore, the intention of the legislature to vest such counties with all powers that may be necessary to enable them to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.
2. It is also the intent of the legislature to authorize counties to finance, acquire, own, lease or sell projects or interests therein for the purpose of: [reducing,]
(a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
(b) Promoting the furnishing of water if available on reasonable demand to members of the general public in order to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
3. It is not intended hereby that any county shall itself be authorized to operate any such manufacturing, industrial or research and development enterprise.
4. No county may by virtue of NRS 244.9191 to 244.9219, inclusive, assist any manufacturing, industrial or research and development enterprise to locate in the county which would offer substantial competition to an existing enterprise within the county whose intrastate markets are substantially the same.
5. NRS 244.9191 to 244.9219, inclusive, shall be liberally construed in conformity with this declaration of purpose.
Sec. 10. NRS 244.9198 is hereby amended to read as follows:
244.9198 In addition to any other powers which it may now have, each county shall have the following powers:
1. [To acquire, whether by construction, purchase, gift, devise, lease or sublease, to improve and equip, and to sell or otherwise dispose of, one or more projects or part thereof. The power to sell includes the power to receive the note or notes of the purchaser. Such projects, upon completion of such acquisition, shall be located within the county.
2. To lease or to sell to others any or all of its projects for such rentals or installment payments and upon such terms and conditions as the board considers advisable.] To finance or acquire, whether by construction, purchase, gift, devise, lease or sublease or any one or more of such methods, and to improve and equip one or more projects or parts thereof, which shall be located within this state, and which may be located within or partially within such county.
2. To finance, sell, lease or otherwise dispose of any or all its projects upon such terms and conditions as the board considers advisable.
` 3. To issue revenue bonds for the purpose of financing or defraying the cost of acquiring, improving and equipping any project [including the payment of principal and interest on such bonds for not exceeding 3 years and all other incidental expenses incurred in issuing such bonds.]
κ1975 Statutes of Nevada, Page 428 (CHAPTER 310, SB 364)κ
and all other incidental expenses incurred in issuing such bonds.] as set forth in NRS 244.9213.
4. To secure payment of such bonds as provided in NRS 244.9191 to 244.9219, inclusive.
5. To take such actions as are necessary or useful in order to undertake, carry out, accomplish and otherwise implement the provisions of NRS 244.9191 to 244.9219, inclusive, including the adoption of resolutions, which may be introduced and adopted at the same special or regular meeting of the board and which shall become effective upon adoption.
Sec. 11. NRS 244.920 is hereby amended to read as follows:
244.920 After holding a public hearing or hearings, as provided in NRS 244.9199, the board of county commissioners shall proceed no further unless or until by resolution it:
1. Determines the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;
2. Determines that the contemplated lessee [or purchaser] , purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease [or purchase contract;] , purchase contract or financing agreement;
3. Determines, in the case of a project as defined in subsection 1 of NRS 244.9196, that the revenue which can reasonably be expected to be derived from normal operation of the project under normal economic conditions is sufficient with a suitable margin of safety to meet the obligations of a lease [or purchase contract] , purchase contract or financing agreement which in turn will meet in full the debt service requirements of a bond issue to provide the amount of money determined pursuant to subsection 1; and
4. If any part of the project or improvements is to be constructed by a lessee or a lessees designee or a purchaser or a purchasers designee [,] or an obligor or an obligors designee, provides, or determines that there are provided, sufficient safeguards to assure that all money provided by the county will be expended solely for the purposes of the project.
Sec. 12. NRS 244.9201 is hereby amended to read as follows:
244.9201 1. All bonds issued by a county under the authority of NRS 244.9191 to 244.9219, inclusive, shall be special, limited obligations of the county. The principal of and interest on such bonds shall be payable, subject to the [mortgage] security provisions herein, solely out of the revenues derived from the financing, leasing or sale of the project to be financed by the bonds.
2. The bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the county within the meaning of any provision or limitation of the constitution of the State of Nevada or statutes, and shall not constitute nor give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers. Such limitation shall be plainly stated on the face of each such bond.
Sec. 13. NRS 244.9202 is hereby amended to read as follows:
244.9202 1. The bonds shall:
(a) Be authorized by [ordinance;] resolution;
κ1975 Statutes of Nevada, Page 429 (CHAPTER 310, SB 364)κ
(b) Be in such denominations;
(c) Bear such date or dates;
(d) Mature at such time or times not exceeding 40 years from their respective dates;
(e) Bear such interest at a rate or rates not exceeding [8] 12 percent per annum;
(f) Be in such form;
(g) Carry such registration privileges;
(h) Be executed in such manner [;] , including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which manual signature may be either an official of the county or an officer of the trustee authenticating the same;
(i) Be payable at such place or places within or without the state; and
(j) Be subject to such terms of redemption,
as the authorizing [ordinance] resolution may provide.
2. The bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the county, in its discretion, shall determine. As an incidental expense of the project, the county, in its discretion, may employ financial and legal consultants in regard to the financing of the project.
3. The county may exchange all or a part of its bonds for all or an equivalent part of the project for which the bonds are issued, the exchange to be preceded by determination of the fair value of the project or part of the project exchanged for the bonds. Such determination shall be by ordinance and shall be conclusive.
4. The bonds shall be fully negotiable under the terms of the Uniform Commercial Code — Investment Securities.
Sec. 14. NRS 244.9203 is hereby amended to read as follows:
244.9203 The principal of, the interest on and any prior redemption premiums due in connection with the bonds shall be payable from, secured by a pledge of and constitute a lien on the revenues out of which such bonds shall be made payable. In addition, they may, in the discretion of the county, be secured by a mortgage covering all or any part of the project or by a pledge of the lease [or] , the agreement of sale [of] or the financing agreement with respect to such project, or both. In addition, they may, in the discretion of the county, be secured by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.
Sec. 15. NRS 244.9204 is hereby amended to read as follows:
244.9204 The [proceedings] resolution under which the bonds are authorized to be issued, and any indenture or mortgage given to secure the same, may contain any provisions customarily contained in instruments securing bonds and constituting a covenant with the bondholders, including, but not limited to:
1. Custody of the proceeds from the sale of the bonds, including their investment and reinvestment until used to finance or defray the cost of the project.
2. The fixing and collection of [rents or installment] payments [for] , with respect to the project [.] to be made under the lease, the agreement of sale or the financing agreement.
κ1975 Statutes of Nevada, Page 430 (CHAPTER 310, SB 364)κ
3. The terms to be incorporated in the lease [or] , the agreement of sale [of] or the financing agreement with respect to the project.
4. The maintenance and insurance of the project.
5. The creation of funds and accounts into which any bond proceeds, revenues and income may be deposited or credited.
6. Limitation on the purpose to which the proceeds of any bonds then or thereafter to be issued may be applied.
7. Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the refunding of bonds and the replacement of bonds.
8. The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated.
9. Vesting in a trustee or trustees located within or without this state such properties, rights, powers and duties in trust as the board may determine, and limiting the rights, duties and powers of such trustees.
10. The rights and remedies available in case of a default to the bondholders or to any trustee under the lease, agreement of sale, financing agreement, indenture or a mortgage.
Sec. 16. NRS 244.9205 is hereby amended to read as follows:
244.9205 1. The county may provide that proceeds from the sale of bonds and special funds from the revenues of the project shall be invested and reinvested in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of this state, as may be provided in the proceedings under which the bonds are authorized to be issued, including but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.
(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any such state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(i) Certificates of deposit issued by commercial banks [.] , including banks domiciled outside of the United States of America.
2. The county may also provide that such proceeds or funds or investments and the [rents] payments payable under the lease, [or the installment payments payable pursuant to] the agreement of sale or the financing agreement shall be received, held and disbursed by one or more banks or trust companies located within or out of this state.
κ1975 Statutes of Nevada, Page 431 (CHAPTER 310, SB 364)κ
financing agreement shall be received, held and disbursed by one or more banks or trust companies located within or out of this state.
Sec. 17. NRS 244.9206 is hereby amended to read as follows:
244.9206 The county may also provide that:
1. The project and improvements to be constructed, if any, shall be constructed by the county, lessee or the lessees designee, purchaser or purchasers designee, obligor or obligors designee, or any one or more of them, on real estate owned by the county, the lessee or the lessees designee, or the purchaser or the purchasers designee, or the obligor or the obligors designee, as the case may be.
2. The bond proceeds shall be disbursed by the trustee bank or banks, trust company or trust companies, during construction upon the estimate, order or certificate of the lessee or the lessees designee, or of the purchaser or the purchasers designee [.] , or of the obligor or the obligors designee.
Sec. 18. NRS 244.9208 is hereby amended to read as follows:
244.9208 1. The [proceedings] resolution authorizing any bonds or any indenture or mortgage securing such bonds may provide that if there is a default in the payment of the principal of, the interest on, or any prior redemption premiums due in connection with the bonds or in the performance of any agreement contained in such [proceedings] resolution, indenture or mortgage, the payment and performance may be enforced by mandamus or by the appointment of a receiver with power to charge [and collect rents and to apply the revenues from the project in accordance with the proceedings or the provisions of the mortgage.] , collect and apply the revenues from the project in accordance with the resolution or the provisions of the indenture or mortgage.
2. Any mortgage to secure bonds issued thereunder, may also provide that if there is a default in the payment thereof or a violation of any agreement contained in the mortgage, it may be foreclosed and there may be a sale in any manner permitted by law. Such mortgage may also provide that any trustee under such mortgage or the holder of any bonds secured thereby may become the purchaser at any foreclosure sale if he is the highest bidder and may apply toward the purchase price unpaid bonds at the face value thereof.
Sec. 19. NRS 244.9209 is hereby amended to read as follows:
244.9209 1. Prior to the initial leasing [or sale] , sale or financing of any project, the board shall by resolution determine:
(a) The amount necessary in each year to pay the principal of and the interest on the first bonds proposed to be issued to finance such project and on any subsequent issues of bonds which may be permitted under the lease [or sale] , sale or financing and authorizing [proceedings] resolutions pertinent to financings hereunder.
(b) The amount necessary to be paid each year into any reserve funds which the board may deem advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.
(c) The estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms under which the project is to be leased [or sold] , sold or financed provide that the lessee [or purchaser] , purchaser or obligor shall maintain the project and carry all proper insurance with respect thereto.
κ1975 Statutes of Nevada, Page 432 (CHAPTER 310, SB 364)κ
purchaser] , purchaser or obligor shall maintain the project and carry all proper insurance with respect thereto.
2. The determination and findings of the board, required to be made by subsection 1, shall be set forth in the [proceedings] resolution under which the proposed bonds are to be issued, but the foregoing amounts need not be expressed in dollars and cents in the lease [or the agreement of sale and proceedings] , agreement of sale or financing agreement and the resolution under which the bonds are authorized to be issued, but may be set forth in the form of a formula or formulas.
Sec. 20. NRS 244.921 is hereby amended to read as follows:
244.921 Prior to the issuance of any bonds authorized by NRS 244.9191 to 244.9219, inclusive, the county shall lease [or sell the project to a lessee or purchaser] , sell or finance the project under an agreement conditioned upon completion of the project and providing for payment to the county of such [rentals or installment payments] revenues as, upon the basis of such determinations and findings, will be sufficient to:
1. Pay the principal of and interest on the bonds issued to finance the project.
2. Build up and maintain any reserves deemed advisable by the board in connection therewith.
3. Pay the costs of maintaining the project in good repair and keeping it properly insured, unless the [agreement of lease or sale obligates the lessee or purchaser] lease, agreement of sale or financing agreement obligates the lessee, purchaser or obligor to pay for the maintenance and insurance on the project.
Sec. 21. NRS 244.9212 is hereby amended to read as follows:
244.9212 1. Any bonds issued under the provisions of NRS 244.9191 to 244.9219, inclusive, and at any time outstanding may at any time and from time to time be refunded by a county by the issuance of its refunding bonds in such amount as the board may deem necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection therewith.
2. Any such refunding may be effected, whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof, directly or indirectly, to the payment of the bonds to be refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby, but the holders of any bonds to be so refunded shall not be compelled, without their consent, to surrender their bonds for payment or exchange prior to the date on which they are payable by maturity date, option to redeem or otherwise, or if they are called for redemption, prior to the date on which they are by their terms subject to redemption by option or otherwise. [Except to the extent expressly or impliedly inconsistent with the terms of NRS 244.9191 to 244.9219, inclusive, the provisions of the Local Government Securities Law shall govern the issuance of such refunding bonds and the establishment of any escrow in connection therewith.]
3. All refunding bonds, issued under authority of this section, shall be payable solely from revenues out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.
κ1975 Statutes of Nevada, Page 433 (CHAPTER 310, SB 364)κ
character may be made payable under this or any other law then in effect at the time of the refunding.
Sec. 22. NRS 244.9213 is hereby amended to read as follows:
244.9213 1. The proceeds from the sale of any bonds shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds is not needed for the purpose for which the bonds were issued, such unneeded portion of such proceeds shall be applied to the payment of the principal of or the interest on the bonds.
2. The cost of acquiring, improving and equipping any project shall be deemed to include the actual cost of [,] acquiring and improving a site or the cost of the construction of any part of a project which may have been constructed, plus the total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement, equipment and extension of any project including without limitation:
(a) The cost of studies and surveys;
(b) Plans, specifications, architectural and engineering costs;
(c) Legal, organization, marketing or other special services;
(d) Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings;
(e) Rehabilitation, reconstruction, repair or remodeling of existing buildings;
(f) Acquisition, installation, construction, reconstruction, repair, alteration and improvement of fixtures, machinery, equipment and furnishings;
(g) An initial bond and interest reserve together with interest on bonds issued to finance such projects to a date 6 months subsequent to the estimated date of completion; and
[(g)] (h) All other necessary and incidental expenses.
Sec. 23. NRS 244.9214 is hereby amended to read as follows:
244.9214 1. No county shall have the power to pay out of its general fund or otherwise contribute any part of the costs of acquiring, improving and equipping a project and shall not have the power to use land already owned by the county, or in which the county has an equity (unless specifically acquired for uses of the character herein described or unless the land is determined by the board no longer to be necessary for other county purposes), for the construction thereon of a project or any part thereof.
2. The entire cost of acquiring, improving and equipping any project must be paid out of the proceeds from the sale of the bonds, but this provision shall not be construed to prevent a county from accepting donations of property to be used as a part of any project or money to be used for defraying any part of the cost of any project [.] , including the completion of the project by the lessee, purchaser or obligor without any cost or liability to the county.
Sec. 24. NRS 244.9216 is hereby amended to read as follows:
244.9216 Pursuant to NRS 361.060, all property owned by a county pursuant to NRS 244.9191 to 244.9219, inclusive, shall be and remain exempt from taxation. The lessee or purchaser shall pay all taxes assessed to him pursuant to NRS 361.157 and 361.159 [.] , and any obligor shall pay all taxes assessed to him in the same manner as any other taxpayer.
κ1975 Statutes of Nevada, Page 434 (CHAPTER 310, SB 364)κ
shall pay all taxes assessed to him in the same manner as any other taxpayer.
Sec. 25. NRS 244.9218 is hereby amended to read as follows:
244.9218 No action may be brought questioning the legality of any contract, lease, agreement of sale, financing agreement, indenture, mortgage, resolution proceedings or bonds executed, adopted or taken in connection with any project or improvements authorized by NRS 244.9191 to 244.9219, inclusive, from and after 30 days from the effective date of the [ordinance] resolution authorizing the issuance of such bonds.
Sec. 26. NRS 244.9219 is hereby amended to read as follows:
244.9219 1. NRS 244.9191 to 244.9219, inclusive, without reference to other statutes of the state, shall constitute full authority for the exercise of powers granted in NRS 244.9191 to 244.9219, inclusive, including but not limited to the authorization and issuance of bonds hereunder.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 244.9191 to 244.9219, inclusive, to be done, shall be construed as applying to any proceedings taken under NRS 244.9191 to 244.9219, inclusive, or acts done pursuant to NRS 244.9191 to 244.9219, inclusive, except for laws to which reference is expressly made in NRS 244.9191 to 244.9219, inclusive, or by necessary implication of NRS 244.9191 to 244.9219, inclusive.
3. The provisions of no other law, either general or local, except as provided in NRS 244.9191 to 244.9219, inclusive, shall apply to doing of the things authorized in NRS 244.9191 to 244.9219, inclusive, to be done, and no board, agency, bureau, commission or official not designated in NRS 244.9191 to 244.9219, inclusive, shall have any authority or jurisdiction over the doing of any of the acts authorized in NRS 244.9191 to 244.9219, inclusive, to be done, except as otherwise provided in NRS 244.9191 to 244.9219, inclusive.
4. No notice, consent or approval by any public body or officer thereof shall be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 244.9191 to 244.9219, inclusive, except as provided in NRS 244.9191 to 244.9219, inclusive.
5. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the Statutes of Nevada or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the counties is not applicable, to any action taken pursuant to NRS 244.9191 to 244.9219, inclusive.
6. Any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 244.9191 to 244.9219, inclusive, without the necessity of associating with any other person or entity as cofiduciary (but such association shall not be hereby prohibited), any other law, including NRS 662.245, to the contrary notwithstanding.
κ1975 Statutes of Nevada, Page 435 (CHAPTER 310, SB 364)κ
cofiduciary (but such association shall not be hereby prohibited), any other law, including NRS 662.245, to the contrary notwithstanding.
7. The powers conferred by NRS 244.9191 to 244.9219, inclusive, shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by NRS 244.9191 to 244.9219, inclusive, shall not affect the powers conferred by any other law.
[7.] 8. No part of NRS 244.9191 to 244.9219, inclusive, shall repeal or affect any other law or part thereof, except to the extent that NRS 244.9191 to 244.9219, inclusive, are inconsistent with any other law, it being intended that NRS 244.9191 to 244.9219, inclusive, shall provide a separate method of accomplishing its objectives, and not an exclusive one; and NRS 244.9191 to 244.9219, inclusive, shall not be construed as repealing, amending or changing any such other law except to the extent of such inconsistency.
Sec. 27. This act shall become effective upon passage and approval.
________
Assembly Bill No. 529Assemblyman Schofield
CHAPTER 311
AN ACT relating to marriage; making certain changes in the marriage license fee and form; and providing other matters properly relating thereto.
[Approved May 1, 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. 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.
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.
κ1975 Statutes of Nevada, Page 436 (CHAPTER 311, AB 529)κ
of license. If any of the information required is unknown to such person or persons, he or she shall state that the answer is unknown.
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;
(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.
Sec. 2. NRS 122.050 is hereby amended to read as follows:
122.050 The marriage license shall be substantially in the following form:
MARRIAGE LICENSE
STATE OF NEVADA
ss.
COUNTY OF........................................................
These presents are to authorize any minister who has obtained a certificate of permission, any supreme court justice or district judge within this state, or justice of the peace within a township wherein he is permitted to solemnize marriages, or any commissioner of civil marriages or his deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........................... of [..........................., in the county of ...................., State of ............................ Previously married? .............. Wife deceased? ....................... Divorced? ............... When? ................. Where? .................. And ................... of ...................., in the county of ........................., State of ......................... Previously married? .................... Husband deceased? .................. Divorced? .................... When? ............. Where? .........................;] (City, town or location) ..........................., State of ............................ State of birth (If not in U.S.A., name of country) ...........................; Date of birth ............................ Fathers name ............................ Fathers state of birth (If not in U.S.A., name of country) ............................ Mothers maiden name ............................ Mothers state of birth (If not in U.S.A., name of country) ............................ Number of this marriage (1st, 2nd, etc.) .............. Wife deceased ............. Divorced ............... Annulled ............ When ....................... Where .................. And ....................... of (City, town or location) .............., State of ........................ State of birth (If not in U.S.A., name of country) ......................; Date of birth ..................... Fathers name ............................ Fathers state of birth (If not in U.S.A., name of country) ...................... Mothers maiden name .......................... Mothers state of birth (If not in U.S.A., name of country) .......................... Number of this marriage (1st, 2nd, etc.) ............ Husband deceased ............ Divorced ............ When ............
κ1975 Statutes of Nevada, Page 437 (CHAPTER 311, AB 529)κ
............ Where ..........................; and to certify the same according to law.
Witness my hand and the seal of the district court of the ....................... judicial district of the State of Nevada, in and for the county of .........................., this ........... day of ........................... A.D. 19................
.........................................................
Clerk
(Seal)
.........................................................
Deputy clerk
Sec. 3. NRS 122.060 is hereby amended to read as follows:
122.060 1. The clerk [shall be] is entitled to receive as his fee for issuing the license the sum of [$1,] $3, but if licenses are issued after regular office hours, the board of county commissioners may set an additional fee by county ordinance, a part of which, in counties having a population of less than 20,000, the board may allow the clerk to retain as his fee for extra services, and the balance of which shall be deposited in the county general fund.
2. The clerk shall also at the time of issuing the license collect the sum of [$1] $3 and pay the same over to the county recorder as his fee for recording the certificate named in NRS 122.130.
3. The clerk shall also at the time of issuing the license collect the additional sum of $4 for the State of Nevada. The fees collected for the state shall be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and shall be placed to the credit of the state fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer, to be placed by the state treasurer in the general fund of the state.
Sec. 4. 1. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1975.
2. All other sections of this act shall become effective on July 1, 1975.
________
Assembly Bill No. 466Committee on Government Affairs
CHAPTER 312
AN ACT relating to the state department of conservation and natural resources; replacing the state committee on federal land laws with the state multiple use advisory committee on federal lands; providing for its organization and functions; and providing other matters properly relating thereto.
[Approved May 1, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 232.151 is hereby amended to read as follows:
232.151 [To study, advise and recommend the State of Nevadas position regarding federal legislation relating to the Federal Land Law Review Commissions recommendations, there is hereby created in the department the state committee on federal land laws, referred to in NRS 232.152 to 232.156, inclusive, as the committee.]
κ1975 Statutes of Nevada, Page 438 (CHAPTER 312, AB 466)κ
Review Commissions recommendations, there is hereby created in the department the state committee on federal land laws, referred to in NRS 232.152 to 232.156, inclusive, as the committee.] There is hereby created in the department the state multiple use advisory committee on federal lands, referred to in NRS 232.152 to 232.157, inclusive, as the committee, which shall:
1. Review on a continuing basis federal legislation relating to lands within this state under the jurisdiction of the Federal Government and the proposed actions of agencies charged with the administration or entitled to the use of such lands;
2. Formulate advisory positions as to the administration and use of such lands from the perspective of local governments and private users; and
3. Provide advice and recommendations concerning such lands to the State of Nevada through the governors office of planning coordination.
Sec. 2. NRS 232.152 is hereby amended to read as follows:
232.152 [The committee shall select one of its members to serve as chairman of the committee, and the assistant director provided for in NRS 232.157 shall be the committees secretary. The governor shall appoint 11 other members, each chosen to represent one of the following interests:
1. Conservationists;
2. City and county governments;
3. Woolgrowers;
4. Livestock raising;
5. Sportsmen;
6. Mining;
7. Agriculture;
8. Education;
9. Recreation users;
10. Railroads and utilities; and
11. The general public.]
1. The governor shall appoint 13 members to the committee as follows:
(a) Each of 10 members shall be appointed to represent respectively each of the following entities and shall be chosen from a list of three lay persons recommended by each entity:
(1) Advisory mining board.
(2) Central committee of Nevada state grazing boards.
(3) Nevada League of Cities.
(4) State board of agriculture.
(5) State board of fish and game commissioners.
(6) State conservation commission.
(7) State environmental commission.
(8) State land use planning advisory council.
(9) State park advisory commission.
(10) Nevada association of county commissioners.
(b) Each of three members shall be appointed to represent respectively the interests of each of the following:
(1) Railroads and utilities.
(2) Sportsmen.
κ1975 Statutes of Nevada, Page 439 (CHAPTER 312, AB 466)κ
(3) Off-road vehicle enthusiasts.
2. The committee shall select one of its members to serve as chairman. The assistant director provided for in NRS 232.157 shall serve as secretary but shall have no vote.
Sec. 3. NRS 232.155 is hereby amended to read as follows:
232.155 Expenditures authorized by the provisions of NRS 232.153 [and 232.154] shall be from funds appropriated to the department.
Sec. 4. NRS 232.1555 is hereby amended to read as follows:
232.1555 All state agencies [and boards] shall cooperate with and make appearances before the committee to assist it in performing the functions assigned to it by law.
Sec. 5. NRS 232.156 is hereby amended to read as follows:
232.156 The committee shall from time to time, as it deems necessary, or as requested by the state planning coordinator, report in writing to the governor through the state planning coordinator and to the legislature and shall make recommendations concerning [public lands and federal land laws.] state and federal lands.
Sec. 6. NRS 232.157 is hereby amended to read as follows:
232.157 1. The director shall appoint an assistant director [whose first responsibility shall be] to act as the secretary of the [state] committee [on federal land laws] as provided in NRS 232.152. In addition, he shall perform such other duties as may be designated by the director.
2. The assistant director shall:
(a) Be in the unclassified service of the state notwithstanding the provisions of NRS 232.060 or 284.140 or any other law; and
(b) Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
(c) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 7. NRS 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:
(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.
κ1975 Statutes of Nevada, Page 440 (CHAPTER 312, AB 466)κ
(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 registrar to effect the greatest efficiency in implementing the plan.
3. Except as otherwise provided in this subsection, and notwithstanding] Notwithstanding the provisions of chapters 321, 322 and 323 of NRS, the state land 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 registrar to convey specifically described lands owned by the state to school districts or corporations sole.]
Sec. 8. NRS 232.154 is hereby repealed.
Sec. 9. 1. Section 7 of this act shall become effective at 12:01 a.m. on July 1, 1975.
2. All other sections of this act shall become effective on July 1, 1975.
________
Assembly Bill No. 341Committee on Government Affairs
CHAPTER 313
AN ACT relating to the motor vehicle fund; providing for distribution of the motor vehicle privilege tax to local taxing jurisdictions in the same ratio as all property taxes were levied in the county in the previous fiscal year; providing that no distribution be made to certain local governments which would receive less than one-half of 1 percent of the total allocation; and providing other matters properly relating thereto.
[Approved May 1, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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. 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 441 (CHAPTER 313, AB 341)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] moneys 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.] distributed monthly as provided in subsection 4.
4. The distribution of the privilege tax within a county shall be made to local governments, as defined in NRS 354.474, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in any such distribution. The amount attributable to the debt service of each school district shall be included in the allocation made to each county government. For the propose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455. Local governments, other than incorporated cities, shall receive no distribution if the distribution to such local government is less than one-half of 1 percent of the total county allocation. Such undistributed moneys shall accrue to the county general fund of the county in which such local government is located. The department shall make distributions directly to counties, county school districts and incorporated cities or towns. Distributions for other local governments within a county shall be paid to the counties for distribution to such other local governments. [On the same basis, privilege]
5. 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
Such distributions shall be allocated among local governments within the respective counties pursuant to the provisions of subsection 4.
[4.] 6. 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.] 7. 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. 2. This act shall become effective at 12:01 a.m. on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 442κ
Assembly Bill No. 335Assemblymen Bremner, Barengo, Brookman, Robinson, Jeffrey, Vergiels, Howard and Wittenberg
CHAPTER 314
AN ACT relating to forest and range renewable natural resources; providing for an inventory and report of such resources; providing for a federal funds contingency; and providing other matters properly relating thereto.
[Approved May 1, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 527 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Subject to the provisions of subsection 4, the state forester firewarden shall cause to be prepared before December 31, 1980, and at least every 10 years thereafter, a report showing the total amount of forest and range renewable natural resources in the State of Nevada.
2. The report shall include an inventory of:
(a) All nonfederal commercial forests, piρon pine and juniper woodlands, river bottom woodlands, higher elevation noncommercial forests and other forest and range renewable natural resources located within the state; and
(b) All species of flora within the state that are in danger of extermination or extirpation.
3. When collecting data for the inventory the state forester firewarden shall obtain written permission from the landowner prior to entering any lands not owned by the state.
4. Preparation of the inventory and other components of the report shall be dependent upon the availability of federal funds for such purpose.
Sec. 3. In furtherance of the provisions of section 2 of this act, the state forester firewarden may:
1. Enter into agreements with the Federal Government and other states for the collection and dissemination of forest and range renewable natural resources data.
2. Cooperate with federal agencies and with the renewable natural resources department in the college of agriculture of the University of Nevada.
3. Publish, in cooperation with the renewable natural resources department, an annual report indicating the utilization of forest and range renewable natural resources and the acreage, production, price, employment and trade of such resources.
4. Conduct demonstrations to encourage better management and utilization of forest and range renewable natural resources.
________
κ1975 Statutes of Nevada, Page 443κ
Assembly Bill No. 127Committee on Transportation
CHAPTER 315
AN ACT relating to security interests in vehicles; revising the definition of security interest; clarifying applicability of definitions of purchase price and security interest in statutes relating to vehicle licensing, registration, sales and leases; and providing other matters properly relating thereto.
[Approved May 1, 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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Purchase price means:
1. If no security interest is taken, retained, created or in existence by virtue of a sale of a vehicle in this state, the price of the vehicle plus any additional included amounts for taxes, official fees, registration fees, transfer of title fees, delivery charges, installation charges, servicing charges, repair charges, alteration charges and improvement charges, or any of them.
2. If a security interest is taken, retained, created or in existence by virtue of a sale of a vehicle in this state, the amounts specified in subsection 1 plus any time price differential included in the security agreement or the obligation which it secures.
Sec. 3. Security interest means an interest in a vehicle, including a mobile home whether or not permanently attached to the land, reserved or created by agreement, which secures payment or performance of an obligation. Security interest includes the interest of a lessor under a lease intended as security. Whether a lease is intended as security is to be determined by the facts of each case, but:
1. The inclusion of an option to purchase does not of itself make the lease one intended for security; and
2. An agreement that upon compliance with the terms of the lease the lessee shall become or has the option to become the owner of the vehicle for no additional consideration does make the lease one intended for security.
Sec. 4. NRS 104.9302 is hereby amended to read as follows:
104.9302 1. A financing statement must be filed to perfect all security interests except the following:
(a) A security interest in collateral in possession of the secured party under NRS 104.9305.
(b) A security interest temporarily perfected in instruments or documents without delivery under NRS 104.9304 or in proceeds for a 10-day period under NRS 104.9306.
(c) A security interest created by an assignment of a beneficial interest in a trust or a decedents estate.
(d) A purchase money security interest in consumer goods; but filing is required for a motor vehicle required to be registered; and fixture filing is required for priority over conflicting interests in fixtures to the extent provided in NRS 104.9313.
κ1975 Statutes of Nevada, Page 444 (CHAPTER 315, AB 127)κ
(e) An assignment of accounts which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts of the assignor.
(f) A security interest of a collecting bank (NRS 104.4208) or arising under the article on sales (see NRS 104.9113) or covered in subsection 3 of this section.
(g) As assignment for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder.
2. If a secured party assigns a perfected security interest, no filing under this article is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
3. The filing of a financing statement otherwise required by this article is not necessary or effective to perfect a security interest in property subject to:
(a) A statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specified a place of filing different from that specified in this article for filing of the security interest; or
(b) The following statutes of this state: NRS [482.421] 482.423 to 482.431, inclusive, NRS 488.179 to 488.1827, inclusive, and NRS 704.205; but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of this article (part 4) apply to a security interest in that collateral created by him as debtor; or
(c) A certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (subsection 2 of NRS 104.9103).
4. Compliance with a statute or treaty described in subsection 3 is equivalent to the filing of a financing statement under this article, and a security interest in property subject to the statute or treaty can be perfected only by compliance therewith except as provided in NRS 104.9103 on multiple state transactions. Duration and renewal of perfection of a security interest perfected by compliance with the statute or treaty are governed by the provisions of the statute or treaty; in other respects the security interest is subject to this article.
Sec. 5. NRS 482.010 is hereby amended to read as follows:
482.010 When used in this chapter, the words and terms in NRS 482.013 to 482.135, inclusive, and sections 2 and 3 of this act shall for the purposes of this chapter, have the meanings ascribed to them in [NRS 482.013 to 482.135, inclusive,] such sections except in those instances where the context clearly indicates a different meaning.
Sec. 6. NRS 482.421 and 482.422 are hereby repealed.
________
κ1975 Statutes of Nevada, Page 445κ
Senate Bill No. 511Committee on Commerce and Labor
CHAPTER 316
AN ACT relating to intoxicating liquor; prohibiting acquisition or control of a retail liquor store by a wholesale liquor dealer; restricting certain transactions between wholesale dealers and retail liquor stores; providing penalties; and providing other matters properly relating thereto.
[Approved May 2, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 369 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The legislature hereby declares:
(a) That it is a privilege to engage in the business of selling intoxicating liquor at the wholesale or retail level in this state;
(b) That the legislature finds it necessary to impose certain restrictions on the exercise of such privilege; and
(c) That it is the policy of this state to preclude the acquisition or control of any retail liquor store by a wholesale liquor dealer.
2. As used in this section, unless the context requires otherwise:
(a) Delinquent payment means the failure of a retail liquor store to make payment to a wholesale dealer for liquor on or before the 15th day of the month following delivery by the wholesale dealer.
(b) Payment means the full legal discharge of the debt by the wholesale dealers receipt of cash or its equivalent, including ordinary and recognized means for discharge of indebtedness expecting notes, pledges or other promises to pay at a future date. A postdated check, a check not promptly deposited for collection or a check dishonored on presentation for payment does not constitute payment.
(c) Payment in cash means the full legal discharge of the debt by delivery of cash, money order, certified check or a cashiers or similar bank officers check.
3. A wholesale dealer shall not:
(a) Loan any money or other thing of value to a retail liquor store.
(b) Invest money, directly or indirectly, in a retail liquor store.
(c) Furnish or provide any premises, building, bar or equipment to a retail liquor store.
(d) Participate, directly or indirectly, in the operation of the business of a retail liquor store.
(e) Sell liquor to a retail liquor store except for payment on or before delivery or on terms requiring payment by the retail liquor store before or on the 10th day of the month following delivery of such liquor to it by the wholesale dealer.
(f) Sell liquor to a retail liquor store which is delinquent in payment to such wholesale dealer except for payment in cash on or before delivery.
4. On the 15th day of the month following the delivery of liquor and on the 15th day of each month thereafter, the wholesale dealer shall charge a retail liquor store which is delinquent a service charge of 1.5 percent of the amount of the unpaid balance.
κ1975 Statutes of Nevada, Page 446 (CHAPTER 316, SB 511)κ
5. The tax commission may impose the following penalties on a wholesale dealer who violates any of the provisions of this section within any 24-month period:
(a) For the first violation a penalty of not more than $500.
(b) For the second violation a penalty of not more than $1,000.
(c) For the third and any subsequent violation a penalty of not more than $5,000 or by license suspension, or by both such penalty and suspension.
6. The tax commission may, upon its own motion, and shall, upon the verified written complaint of any wholesale dealer, investigate the possible violation of any of the provisions of this section by any wholesale dealer. The tax commission shall follow the provisions of chapter 233B of NRS in the enforcement of this section.
________
Assembly Bill No. 438Assemblyman Barengo
CHAPTER 317
AN ACT relating to powers of fiduciaries; making a technical correction relating to the power to vote shares of stock by proxy.
[Approved May 2, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 163.330 is hereby amended to read as follows:
163.330 A fiduciary may vote shares of stock owned by the estate or any trust at stockholders meetings in person or by special, limited or general [property,] proxy, with or without power of substitution.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 5Senator Monroe
CHAPTER 318
AN ACT relating to health insurance; requiring coverage to include expense of home health care and health supportive services under certain conditions; and providing other matters properly relating thereto.
[Approved May 2, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 689A.030 is hereby amended to read as follows:
689A.030 No policy of health insurance shall be delivered or issued for delivery to any person in this state unless it otherwise complies with this code, and complies with the following:
κ1975 Statutes of Nevada, Page 447 (CHAPTER 318, SB 5)κ
1. The entire money and other considerations therefor shall be expressed therein;
2. The time when the insurance takes effect and terminates shall be expressed therein;
3. It shall purport to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family, who shall be deemed the policyholder, any two or more eligible members of that family, including the husband, wife, dependent children or any children under a specified age which shall not exceed 19 years except as provided in NRS 689A.045, and any other person dependent upon the policyholder;
4. The style, arrangement and overall appearance of the policy shall give no undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers shall be plainly printed in light-faced type of a style in general use, the size of which shall be uniform and not less than 10 points with a lower case unspaced alphabet length not less than 120 points (the text shall include all printed matter except the name and address of the insurer, the name or the title of the policy, the brief description, if any, and captions and subcaptions);
5. The exceptions and reductions of indemnity shall be set forth in the policy and, other than those contained in NRS 689A.050 to 689A.290, inclusive, shall be printed, at the insurers option, either included with the benefit provision to which they apply, or under an appropriate caption such as Exceptions, or Exceptions and Reductions, except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies;
6. Each such form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page thereof; and
7. The policy shall contain no provision purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short-rate table filed with the commissioner.
8. The policy shall provide benefits for expense arising from home health care or health supportive services if such care or service was prescribed by a physician and would have been covered by the policy if performed in a health and care facility as defined in NRS 449.007.
Sec. 2. NRS 689B.020 is hereby amended to read as follows:
689B.020 1. Group health insurance is hereby declared to be that form of health insurance covering groups of two or more persons, formed for a purpose other than obtaining insurance.
2. Any group health policy which contains provisions for the payment by the insurer of benefits for expenses incurred on account of hospital, nursing, medical, dental or surgical services, home health care or health supportive services for members of the family or dependents of a person in the insured group may provide for the continuation of such benefit provisions, or any part or parts thereof, after the death of the person in the insured group.
κ1975 Statutes of Nevada, Page 448 (CHAPTER 318, SB 5)κ
3. The commissioner may, in his discretion, require the form of each certificate proposed to be delivered in this state under a group health policy not made under the laws of this state to be filed with him by the insurer for informational purposes only.
Sec. 3. NRS 689B.030 is hereby amended to read as follows:
689B.030 Each such group health insurance policy shall contain in substance the following provisions:
1. A provision that, in the absence of fraud, all statements made by applicants or the policyholders or by an insured person shall be deemed representations and not warranties, and that no statement made for the purpose of effecting insurance shall void such insurance or reduce benefits unless contained in a written instrument signed by the policyholder or the insured person, a copy of which has been furnished to such policyholder or to such person or his beneficiary.
2. A provision that the insurer will furnish to the policyholder for delivery to each employee or member of the insured group a statement in summary form of the essential features of the insurance coverage of such employee or member and to whom benefits thereunder are payable. If dependents are included in the coverage, only one statement need be issued for each family unit.
3. A provision that to the group originally insured may be added from time to time eligible new employees or members or dependents, as the case may be, in accordance with the terms of the policy.
4. A provision for benefits for expense arising from home health care and health supportive services if such care or service was prescribed by a physician and would have been covered by the policy if performed in a health and care facility as defined in NRS 449.007.
Sec. 4. NRS 689B.040 is hereby amended to read as follows:
689B.040 Any group health policy may provide that all or any portion of any indemnities provided by any such policy on account of hospital, nursing, medical or surgical services, home health care or health supportive services may, at the insurers option, be paid directly to the hospital or person rendering such services. Payments so made shall discharge the insurers obligation.
Sec. 5. NRS 689B.080 is hereby amended to read as follows:
689B.080 Any insurer authorized to write health insurance in this state shall have the power to issue blanket health insurance. No such blanket policy, except as provided in subsection 4 of NRS 687B.120 (filing, approval of forms), may be issued or delivered in this state unless a copy of the form thereof has been filed in accordance with NRS 687B.120. Every such blanket policy shall contain provisions which in the opinion of the commissioner are not less favorable to the policyholder and the individual insured than the following:
1. A provision that the policy, including endorsements and a copy of the application, if any, of the policyholder and the persons insured shall constitute the entire contract between the parties, and that any statement made by the policyholder or by a person insured shall in the absence of fraud be deemed a representation and not a warranty, and that no such statements shall be used in defense to a claim under the policy, unless contained in a written application. Such person, his beneficiary or assignee shall have the right to make a written request to the insurer for a copy of such application, and the insurer shall, within 15 days after the receipt of such request at its home office or any branch office of the insurer, deliver or mail to the person making such request a copy of such application.
κ1975 Statutes of Nevada, Page 449 (CHAPTER 318, SB 5)κ
assignee shall have the right to make a written request to the insurer for a copy of such application, and the insurer shall, within 15 days after the receipt of such request at its home office or any branch office of the insurer, deliver or mail to the person making such request a copy of such application. If such copy is not so delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action based upon or involving any statements contained therein.
2. A provision that written notice of sickness or of injury must be given to the insurer within 20 days after the date when such sickness or injury occurred. Failure to give notice within such time shall not invalidate or reduce any claim if it is shown not to have been reasonably possible to give such notice and that notice was given as soon as was reasonably possible.
3. A provision that the insurer will furnish either to the claimant or to the policyholder for delivery to the claimant such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished before the expiration of 15 days after giving of such notice, the claimant shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting, within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.
4. A provision that in the case of a claim for loss of time for disability, written proof of such loss must be furnished to the insurer within 90 days after the commencement of the period for which the insurer is liable, and that subsequent written proofs of the continuance of such disability must be furnished to the insurer at such intervals as the insurer may reasonably require, and that in the case of a claim for any other loss, written proof of such loss must be furnished to the insurer within 90 days after the date of such loss. Failure to furnish such proof within such time shall not invalidate or reduce any claim if it is shown not to have been reasonably possible to furnish such proof and that such proof was furnished as soon as was reasonably possible.
5. A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of due written proof of such loss, and that, subject to due proof of loss, all accrued benefits payable under the policy for loss of time will be paid not less frequently than monthly during the continuance of the period for which the insurer is liable, and that any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof.
6. A provision that the insurer at its own expense shall have the right and opportunity to examine the person of the insured when and so often as it may reasonably require during the pendency of claim under the policy and also the right and opportunity to make an autopsy where it is not prohibited by law.
7. A provision, if applicable, setting forth the provisions of NRS 689B.035.
8. A provision for benefits for expense arising from home health care or health supportive services if such care or service was prescribed by a physician and would have been covered by the policy if performed in a health and care facility as defined in NRS 449.007.
κ1975 Statutes of Nevada, Page 450 (CHAPTER 318, SB 5)κ
physician and would have been covered by the policy if performed in a health and care facility as defined in NRS 449.007.
9. A provision that no action at law or in equity shall be brought to recover under the policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of the policy and that no such action shall be brought after the expiration of 3 years after the time written proof of loss is required to be furnished.
Sec. 6. NRS 689B.100 is hereby amended to read as follows:
689B.100 1. Except as provided in subsection 2, all benefits under any blanket health policy or contract shall be payable to the person insured, or to his designated beneficiary or beneficiaries, or to his estate, except that if the person insured is a minor or otherwise not competent to give a valid release, such benefits may be made payable to his parent, guardian or other person actually supporting him.
2. The policy may provide that all or a portion of any indemnities provided by any such policy on account of hospital, nursing, medical or surgical services, home health care or health supportive services may, at the option of the insurer and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but the policy may not require that the service be rendered by a particular hospital or person. Payment so made shall discharge the obligation of the insurer with respect to the amount of insurance so paid.
________
Senate Bill No. 53Committee on Judiciary
CHAPTER 319
AN ACT relating to controlled substances; clarifying the definition of marihuana.
[Approved May 2, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 453.096 is hereby amended to read as follows:
453.096 1. Marihuana means:
(a) All parts of [the] any plant of the genus Cannabis, [sativa L.,] whether growing or not;
(b) The seeds thereof;
(c) The resin extracted from any part of the plant; and
(d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
2. Marihuana does not include the mature [stalks] stems of the plant, fiber produced from the [stalks,] stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature [stalks] stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
________
κ1975 Statutes of Nevada, Page 451κ
Senate Bill No. 275Committee on Government Affairs
CHAPTER 320
AN ACT to amend NRS 354.624, relating to audits of funds and accounts of local governments; reducing certain time limits; and providing other matters properly relating thereto.
[Approved May 2, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.624 is hereby amended to read as follows:
354.624 1. Each local government shall provide for an annual audit of all funds, accounts and separate bank accounts, established under NRS 354.603, of that local government, and may provide for more frequent audits as it deems necessary. Each annual audit shall be concluded and the audit report [filed] submitted to the governing body as provided in subsection 4 not later than [6] 5 months from the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the Nevada tax commission to any local government which makes application for such extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the Nevada tax commission shall cause such audit to be made at the expense of the local government. All audits shall be made by a public accountant certified or registered or by a partnership registered under the provisions of chapter 628 of NRS.
2. The governing body may, without requiring competitive bids, designate such accountant or firm annually. The accountant or firm shall be designated not later than 3 months prior to the close of the fiscal year for which the audit is to be made.
3. Each annual audit shall cover the business of the local government during the full fiscal year. It shall be a comprehensive audit of the affairs of the local government, including comment on the balance sheets accounts, results of operations, compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by the auditor, and including his expression of opinion as to the adequacy of the financial presentation. The form of the financial statements shall be prescribed by the Nevada tax commission, and the chart of accounts shall be as nearly as possible the same as that used in the preparation and publication of the annual budget. The audit shall compare operations of the local government with the approved budget. Included shall be a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous audit reports have been acted upon by adoption as recommended, adoption with modifications, or rejection.
4. The recommendation and the summary of the narrative comments of the audit report shall be read in full at a meeting of the governing body held not more than [30] 15 days after the report is [filed.] submitted. Immediately thereafter, the entire audit report shall be filed as a public record with:
(a) The clerk or secretary of the governing body;
κ1975 Statutes of Nevada, Page 452 (CHAPTER 320, SB 275)κ
(b) The county clerk;
(c) The Nevada tax commission;
(d) In the case of school districts, the state department of education; and
(e) In the case of general improvement districts subject to the jurisdiction of the public service commission of Nevada pursuant to NRS 318.140 and 318.144, to the commission.
5. The governing body shall act upon the audit recommendations by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes. Such action shall be taken within 6 months following receipt of the audit.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 383Senator Dodge
CHAPTER 321
AN ACT relating to district attorneys; clarifying the restriction on the private practice of law; and providing other matters properly relating thereto.
[Approved May 2, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 252.045 is hereby amended to read as follows:
252.045 The district attorney of a county having a population of less than 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce may engage in the private practice of law [.] except as provided in NRS 245.043. In any other county, the district attorney shall not engage in the private practice of law after July 1, 1975.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 453κ
Senate Bill No. 427Senators Young and Gojack
CHAPTER 322
AN ACT relating to the City of Reno; authorizing the city to beautify, better and otherwise improve the Truckee River and areas adjacent to the river and to issue bonds and other securities, constituting general obligations of the city, to defray costs of such project; providing for the payment of such securities, the security therefor, and other details in connection therewith; ratifying action heretofore taken toward the issuance of such securities and the project; stating powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with the city, such facilities, such securities, taxes and other revenues for the payment of such securities, their proceeds, other moneys, and pledges and liens pertaining thereto, including, without limitation, by reference to the Local Government Securities Law; and providing other matters properly relating thereto.
[Approved May 2, 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 and referred to in this act are as defined in the Local Government Securities Law; but the following terms whenever used or referred to in this act and in the Local Government Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 5, inclusive, of this act.
Sec. 2. Facilities means the improvements for the beautifying, bettering and other improvement of the Truckee River and areas adjacent to the river within the municipality, including, without limitation, parks and recreational facilities, food service facilities, restroom facilities, flood control and drainage facilities, vehicular offstreet parking facilities, driveways, ramps, pedestrian malls and other walkways, artificial lights, and other facilities, buildings, structures and fixtures relating thereto, other improvements incidental thereto, sites, grounds and other real property, interests therein, equipment and furnishings therefor, or any combination or such incidental improvements.
Sec. 3. Governing body means the city council of the municipality.
Sec. 4. Municipality means the City of Reno, in the county of Washoe and the State of Nevada.
Sec. 5. Project means the beautification, betterment and other improvement of the Truckeee River and areas adjacent to the river within the municipality, including, without limitation, the construction, other acquisition and improvement of facilities, buildings, structures and fixtures relating thereto, and the acquisition of other improvements incidental thereto, sites, grounds and other real property, interests therein, equipment and furnishings therefor, or undertaking the acquisition or improvement, or both acquisition and improvement, of any combination of such incidental improvements.
Sec. 6. The municipality, acting by and through its governing body, is authorized by this act, as supplemented by the provisions of the Local Government Securities Law, to defray wholly or in part the costs of the project and may issue, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:
κ1975 Statutes of Nevada, Page 454 (CHAPTER 322, SB 427)κ
1. General obligation bonds, payable from taxes; or
2. General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of all or any part of the net revenues derived from all or any part of the facilities or from any other source or sources legally available therefor; or
3. Any combination of such securities.
Sec. 7. Any municipality may:
1. Undertake and complete the project and operate and maintain the facilities thereby acquired; and
2. Exercise the incidental powers provided in the Local Government Securities Law and other laws supplemental thereto, general or special, including, without limitation, the municipalitys charter, as from time to time amended, in connection with the powers granted by this act.
Sec. 8. Nothing in this act prevents the governing body, on the behalf and in the name of the municipality, from funding, refunding or reissuing any securities of the municipality pertaining to the project or the facilities at any time as provided in the Local Government Securities Law.
Sec. 9. All action heretofore taken preliminary to and in the issuance of securities to defray any cost of the project and taken toward the project, be, and the same hereby is, ratified, approved and confirmed.
Sec. 10. The powers conferred by this act are in addition and supplemental to, and the limitations imposed by this act do 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 are controlling.
Sec. 11. The legislature hereby declares that this act is necessary to secure and preserve the public health, safety, convenience and welfare of the citizens of the City of Reno and the State of Nevada and shall be liberally construed to effect its purposes.
Sec. 12. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 13. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 455κ
Senate Bill No. 435Senator Young
CHAPTER 323
AN ACT relating to local improvements; allowing a governing body to receive and apply certain revenues to assessments; providing certain remedies; and providing other matters properly relating thereto.
[Approved May 2, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, revenue means any money pledged wholly or in part for crediting to or payment of assessments, subject to any existing pledges or other contractual limitations and may include:
1. Moneys derived from one, all or any combination of revenue resources appertaining to any facilities of the municipality, financed in whole or in part with the proceeds of assessments levied pursuant to the assessment ordinance, including but not limited to use and service charges, rents, fees and any other income derived from the operation or ownership of, from the use or services of, or from the availability of or services appertaining to, the lease of, any sale or other disposal of, any contract or other arrangement, or otherwise derived in connection with such facilities or all or any part of any property appertaining to the facilities.
2. Any loans, grants or contributions to the municipality from the Federal Government, the state or any public body for the payment of all or any portion of the cost of the project for which the assessments were levied.
3. The proceeds of any excise taxes levied and collected by the municipality or otherwise received by it and authorized by law to be pledged for the payment of the project for which the assessments were levied or for the payment of the assessments levied to finance the cost of the project but excluding the proceeds of any general (ad valorem) taxes.
Sec. 3. 1. The governing body may apply any revenues to the payment of assessments and in so doing may pledge the revenue to such payment. The revenues shall be credited in the proportion which each individual assessment or installment of principal bears to the total of all individual assessments in the assessment to which the revenues are to be credited. The application of revenues shall be made pursuant to the provisions set forth in the assessment ordinance.
2. If an individual assessment, or any installment of principal and interest has been paid in cash, the credit shall be returned in cash to the person or persons paying the same upon their furnishing satisfactory evidence of payment. Where all or any part of an individual assessment remains unpaid and is payable in installments of principal, the credit shall be applied to the installment, and if after the payment of the installment there remains an unused portion of the credit, the unused portion shall be applied to the payment of interest, and if after the payment of such principal and interest there remains an unused portion of the credit, the unused portion shall be applied to the next ensuing installment or installments of principal and interest until the credit is applied in its entirety.
κ1975 Statutes of Nevada, Page 456 (CHAPTER 323, SB 435)κ
unused portion shall be applied to the next ensuing installment or installments of principal and interest until the credit is applied in its entirety.
Sec. 4. The governing body may provide in the assessment ordinance for any covenants or other provisions the purpose of which is to secure the payment of assessments. The covenants or other provisions may provide for:
1. The pledging of revenues and the foreclosure of liens for delinquencies, the discontinuance of services, facilities or use of any properties or facilities, prohibition against free service, the collection of penalties and collection costs, and the use and disposition of any moneys of the municipality derived or to be derived from any source designated in this subsection;
2. The acquisition, improvement or equipment of all or any part of properties pertaining to any facilities financed in whole or in part from assessments levied pursuant to the assessment ordinance;
3. A fair and reasonable payment by the municipality for services rendered by such facilities to the municipality;
4. The pledge of and the creation of a lien upon pledged revenues to secure the payment of assessments levied pursuant to the assessment ordinance;
5. The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of such facilities or any property of the municipality;
6. The determination or definition of pledged revenues from such facilities or of operation and maintenance expenses of such facilities, the use and disposition of such revenues and the manner of and limitations upon paying such expenses;
7. Any financial records pertaining to such facilities and for inspection and audit of the records; and
8. Events of default and the resulting rights and liabilities, and the rights, liabilities, powers and duties arising upon the breach by the municipality of any covenants, conditions or obligations.
Sec. 5. 1. Revenues pledged for the payment of any assessments, as received by or otherwise credited to the municipality, are subject to the lien of each pledge without any physical delivery, filing or further act.
2. The lien of each pledge and the obligation to perform the contractual provisions made in the assessment ordinance has priority over all other obligations and liabilities of the municipality, except as may be otherwise provided in this section or in the ordinance, and subject to any prior pledges and liens. The existence of any prior pledges or liens shall be set forth in the assessment ordinance.
3. The lien of each pledge is valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the municipality irrespective of whether such persons have notice.
Sec. 6. Subject to any contractual limitations binding upon the owners of any property assessed, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such owners, and subject to any prior or superior rights of others, any owner may, for the equal benefit and protection of all owners similarly situated:
κ1975 Statutes of Nevada, Page 457 (CHAPTER 323, SB 435)κ
1. By mandamus or other civil action or proceeding enforce his rights against the municipality, the governing body and any other of the officers, agents and employees of the municipality, require the municipality, the governing body or any such officers, agents or employees to perform and carry out their respective duties, obligations, other commitments under sections 2 to 5, inclusive, of this act, and their respective covenants and agreements with any such owner;
2. By a civil action require the municipality to account for revenues as if it is the trustee of an express trust;
3. By a civil action obtain the appointment of a receiver, who may enter and take possession of any facilities and any pledged revenues for the payment of assessments, prescribe sufficient fees derived from the facilities, and collect, receive and apply all pledged revenues or other moneys pledged for the payment of the assessments in the same manner as the municipality might do in accordance with the obligations of the municipality; and
4. By a civil action enjoin any acts or things which may be unlawful or in violation of the rights of the owner of any property.
Sec. 7. No right or remedy conferred upon any owner of property assessed is exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by sections 6 to 8, inclusive, of this act, or by any other law.
Sec. 8. The failure of any owner of property assessed to proceed as provided in section 6 of this act or any defect in such proceedings does not relieve the municipality, the governing body or any of the officers, agents and employees of the municipality of any liability for failure to perform or carry out any duty, obligation or other commitment.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 458κ
Senate Bill No. 467Committee on Government Affairs
CHAPTER 324
AN ACT authorizing the Las Vegas Convention Authority on the behalf and in the name of Clark County to construct, extend, better and otherwise improve the convention hall and exposition buildings, and the acquisition of improvements incidental thereto, sites and grounds, equipment and furnishings therefor; authorizing the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $12,000,000; providing for the payment of the bonds and the interest thereon by the levy and collection of general (ad valorem) taxes and optionally with revenues derived from the countys exposition and convention hall buildings and appurtenant recreational facilities and from license taxes fixed and imposed for revenues upon certain operators of hotels and motels and upon gaming; concerning other securities relating to such project and such bonds; 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; ratifying, approving and confirming all action heretofore taken toward such project and the issuance of such bonds, including without limitation, the pledge of such revenues for their payment; and providing other matters properly relating thereto.
[Approved May 2, 1975]
Whereas, The Las Vegas Convention Authority, in the county of Clark, State of Nevada (sometimes designated in this act as the Authority, the County and the State, respectively), ordered the submission of, and there was submitted, at the general election held in the County on Tuesday, the 5th day of November, 1974, to the duly qualified electors of the County, a question authorizing it to incur an indebtedness by the issuance of the Countys negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $12,000,000, or so much thereof as may be necessary, for the purpose of constructing, extending, bettering, and otherwise improving the convention hall and exposition buildings, the acquisition of improvements incidental thereto, sites and grounds, equipment and furnishings therefor (sometimes designated in this act as the 1975 bonds and merely the bonds, and as the Project, respectively), the 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 20 years therefrom, payable from general (ad valorem) taxes (sometimes designated in this act as 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) of not more than 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 Authority may determine, subject to ratification by the Countys board of commissioners (sometimes designated in this act as the Board), including at the Authoritys option, but without limitation, provisions for the redemption of bonds prior to maturity without or with the payment of a premium, and provisions for securing additionally the payment of the bonds by pledging all or any part of the revenues derived from the operation of the Countys recreational facilities, including, without limitation, the convention hall and exposition buildings, from license taxes fixed and imposed for revenues upon certain operators of hotels and motels and upon gaming, and from any other sources legally made available therefor; and
κ1975 Statutes of Nevada, Page 459 (CHAPTER 324, SB 467)κ
imposed for revenues upon certain operators of hotels and motels and upon gaming, and from any other sources legally made available therefor; and
Whereas, The bond question was approved by a majority of the qualified electors of the County voting upon such question; and
Whereas, There have been issued heretofore and there are now outstanding the following County securities:
(a) The Clark County, Nevada, General Obligation Public Building and Recreational Facilities Refunding Bonds, Series July 1, 1973, (sometimes designated in this act as the 1973 bonds) issued in the original aggregate principal amount of $6,960,000, payable from taxes (except to the extent other funds are available therefor), which payment is additionally secured by an irrevocable pledge of revenues derived by the County from the operation of the Countys exposition and convention hall facilities and incidental recreational facilities therefor (sometimes designated in this act as the Convention Hall Facilities) and of revenues derived by the County from the collection of certain license taxes fixed and imposed for revenues by the County and the cities of Boulder City, Henderson, Las Vegas and North Las Vegas upon certain operators of hotels and motels and upon gaming, excluding the costs of collecting such license taxes not exceeding for any collection period an amount equal to 10 percent of the gross revenues collected therefrom, and after the deduction of operation and maintenance expenses of the Convention Hall Facilities (sometimes collectively designated in this act as the Net Pledged Revenues), of which issue there are now outstanding and unpaid 1973 bonds in the aggregate principal amount of $6,770,000,
(b) The Clark County, Nevada, Installment Note (sometimes designated in this act as the 1971 note), dated as of August 30, 1971, issued in the original principal amount of $716,000, and bearing interest from the date thereof on the unpaid balance of principal at the rate of 4.20 percent per year, and payable annually, the principal of which note is payable annually in the amount of $143,200 on August 30 in each of the years 1972 through 1976, together with an annual installment of interest, the unpaid principal of which note is $286,400, and
(c) The Clark County, Nevada, Installment Note (sometimes designated in this act as the 1974 note), dated as of June 1, 1974, issued in the original principal amount of $2,700,000, and bearing interest from the date thereof on the unpaid balance of principal at the rate of 7 percent per year, and payable semiannually, the principal of which note is payable annually in substantially equal installments on January 1 in each of the years 1975 through 1979, the unpaid principal of which note is $2,356,363.63; and
Whereas, Both the 1971 note and the 1974 note are also payable from taxes (except to the extent other funds are available therefor), which payment is also additionally secured by such Net Pledged Revenues; and
Whereas, The Authority has publicly stated that upon the issuance of the 1975 bonds proceeds of the bonds shall be used to fund and pay in full the 1974 note, both as to principal and interest, but the principal of and the interest on the 1971 note shall be paid as the same become due as provided in the note with a part of such Net Pledged Revenues; and
κ1975 Statutes of Nevada, Page 460 (CHAPTER 324, SB 467)κ
Whereas, The Authority has authorized the issuance of the 1975 bonds and their public sale by the adoption of 2 resolutions respectively designated by the short titles 5175 Bond Resolution and 5175 Public Sale Resolution; and
Whereas, It is hereby declared, as a matter of legislative determination, that it is in the public interest to avoid any question about the legality of the authorization of the 1975 bonds by the approval of such bond question at such election, the legality of any provision in the 5175 Bond Resolution and the 5175 Public Sale Resolution, the legality of using proceeds of the 1975 bonds to fund and pay the unpaid principal of and interest on the 1974 note or the 1971 note, or both notes, as the Authority may determine, and the legality of the pledge of and lien on such Net Pledged Revenues to secure the payment of the 1975 bonds on a parity with the pledges of and liens on such Net Pledged Revenues to secure the payment of the outstanding 1973 bonds, 1971 note and 1974 note; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County, acting by and through the Authority, in addition to the powers elsewhere conferred upon the County, 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, to issue and to sell at public or private sale, 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 Authority may determine, the Countys negotiable, coupon, general obligation bonds, in an aggregate principal amount of $12,000,000, or such lesser amount as may be determined by the Authority, for the purpose of defraying wholly or in part the cost of the Project, including, without limitation, funding the 1974 note or the 1971 note, or both notes, and otherwise defraying incidental costs pertaining to the Project, the 1975 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 20 years therefrom, payable from taxes (except to the extent other moneys are available for such payment), and being issued and sold at public or private sale at, above or below par at an effective interest rate (including any sale discount) of not exceeding 8 percent per year, each such bond issue being subject to ratification by the Board by ordinance, which may be adopted pursuant to NRS 350.579.
Sec. 2. The Authority may additionally secure the payment of the bonds by a pledge of the Net Pledged Revenues without any other or further preliminaries.
Sec. 3. The bonds and any coupons shall be executed in the manner provided in the Local Government Securities Law, as from time to time amended; but the bonds shall also bear the manual or facsimile signature of the chairman of the Authority.
Sec. 4. Except as otherwise provided in this act and in the Local Government Securities Law (except to the extent of any conflict of any provision therein with this act), the 1975 bonds may be issued pursuant to the 5175 Bond Resolution and the 5175 Public Sale Resolution, except to the extent the provisions thereof, after the adoption of such resolutions, are subsequently amended, superseded or otherwise supplemented.
κ1975 Statutes of Nevada, Page 461 (CHAPTER 324, SB 467)κ
provision therein with this act), the 1975 bonds may be issued pursuant to the 5175 Bond Resolution and the 5175 Public Sale Resolution, except to the extent the provisions thereof, after the adoption of such resolutions, are subsequently amended, superseded or otherwise supplemented.
Sec. 5. Except as otherwise provided in this act, the Authority or the Board, or both such governing bodies, as either or both may determine from time to time, on the behalf and in the name of the County, may borrow money, otherwise become obligated and evidence such obligations by the issuance of bonds and other securities of the County, constituting its general obligations, the payment of which may be additionally secured by a pledge of such Net Pledged Revenues, and in connection with the Project or any recreational facilities pertaining thereto, either or both such governing bodies may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 6. The powers conferred by this act shall be in addition 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 under this act 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 (except to the extent of any conflict of any provision therein with this act). 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. 7. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 8. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 9. This act shall become effective upon passage and approval.
________
Senate Bill No. 473Committee on Government Affairs
CHAPTER 325
AN ACT to amend NRS 403.020, relating to boards of county highway commissioners, by providing that membership of the board of highway commissioners of each of the several counties shall consist of the members of the board of county commissioners; and providing other matters properly relating thereto.
[Approved May 2, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 403.020 is hereby amended to read as follows:
403.020 1. The board of county highway commissioners of each of the several counties shall [consist of three members, or five members if the number of county commissioners is five.
κ1975 Statutes of Nevada, Page 462 (CHAPTER 325, SB 473)κ
the number of county commissioners is five. The board shall] be composed of the regularly elected and qualified county commissioners.
2. Members shall hold office until their successors are duly elected or appointed, and qualified.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 17Assemblymen Vergiels, Young, Lowman, Chaney, Heaney, Hayes, Getto, Robinson, Polish, Ashworth, Bremner, Murphy, Barengo, Mann, Bennett, Harmon, Ford, Schofield, Wagner, Coulter, Weise, Christensen, Benkovich and Hickey
CHAPTER 326
AN ACT relating to protection of public health and safety; prohibiting smoking in specified public places; providing a penalty; and providing other matters properly relating thereto.
[Approved May 5, 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 the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. It is the public policy of the State of Nevada and the purpose of sections 3 and 4 of this act to place restrictions on the smoking of tobacco in public places to protect human health and safety.
2. The quality of air is declared to be affected with the public interest and sections 3 and 4 of this act are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
Sec. 3. 1. Except as provided in subsection 3, the smoking of tobacco in any form is prohibited if done in any:
(a) Public elevator, library, museum, or a bus used by the general public, other than a chartered bus.
(b) Room, including a lecture hall or university concert hall, located in a public building, while a public meeting is in progress in such room.
(c) Hallway, waiting room or cafeteria opened to the general public and located in a state building.
(d) Public waiting room, lobby or hallway of any:
(1) Health and care facility as defined by NRS 449.007; or
(2) Office of any chiropractor, dentist, physical therapist, physician, podiatrist, psychologist, optician, optometrist, osteopath or doctor of traditional Oriental medicine.
2. The person or persons in control of the areas listed in subsection 1:
(a) Shall post signs prohibited smoking in such areas except as provided in paragraph (b).
(b) May provide for separate rooms or portions of designated no-smoking areas to be used as smoking areas where it is possible to confine the smoke to such areas.
κ1975 Statutes of Nevada, Page 463 (CHAPTER 326, AB 17)κ
3. The smoking of tobacco is not prohibited in any room or area designated for smoking pursuant to paragraph (b) of subsection 2.
4. As used in this section, public meeting means a gathering for which there is:
(a) Advance notice;
(b) A planned agenda; and
(c) A person presiding or otherwise in charge.
Public meeting does not include a trade show or exhibition.
Sec. 4. A person who violates section 3 of this act is guilty of a misdemeanor punishable by a fine of not less than $10 nor more than $100.
Sec. 5. 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 to 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.
________
Assembly Bill No. 538Committee on Commerce
CHAPTER 327
AN ACT relating to general premium tax paid by insurers; clarifying exemption; and providing other matters properly relating thereto.
[Approved May 5, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 680B.030 is hereby amended to read as follows:
680B.030 1. Each insurer and each formerly authorized insurer with respect to insurance transacted while an authorized insurer and property bondsman shall, on or before March 1 each year, or within any reasonable extension of time therefor which the commissioner may for good cause have granted on or before such date, file with the commissioner a report in such form as prescribed by the commissioner showing total premium income, including policy, membership and other fees and assessments, and all other considerations for insurance, bail or annuity contracts received by it during the next preceding calendar year on account of policies and contracts covering property, subjects or risks located, resident or to be performed in this state (with proper proportionate allocation of premiums as to such persons, property, subjects or risks in this state insured under policies and contracts covering persons, property, subjects or risks located or resident in more than one state), after deducting from such total premium income:
(a) The amount of return premiums;
(b) Premiums received for reinsurance on such property or risks; and
(c) Dividends, savings and unabsorbed premium deposits returned to policyholders in cash or credited to their accounts.
κ1975 Statutes of Nevada, Page 464 (CHAPTER 327, AB 538)κ
The report shall be verified by the oath or affirmation of the insurers president, vice president, secretary, treasurer or manager.
2. As used in subsection 1, total premium income does not include premiums or considerations received from life insurance policies or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt under sections 401, 403, 404, 408 or 501 of the United States Internal Revenue Code as now or hereafter amended or renumbered from time to time.
3. Funds accepted by a life insurer under an agreement which provides for an accumulation of funds to purchase annuities at future dates may for the purposes of the tax imposed by this section be considered as total premium income either upon receipt or upon the actual application of such funds to the purchase of annuities. However, any interest credited to funds accumulated while under the latter alternative shall also be included in total premium income, and any funds taxed upon receipt, including any interest later credited thereto, shall not be subject to taxation upon the purchase of annuities. Each life insurer shall signify on its premium tax return covering premiums for the calendar year 1971 its election between such two alternatives. Thereafter an insurer shall not change such election without the consent of the commissioner. Any such funds taxed as total premiums shall, in the event of withdrawal of the funds before their actual application to the purchase of annuities, be eligible to be included as return premiums under the provisions of subsection 1.
4. For the purposes of this section, total premium income as to title insurance shall consist of the total amount received by the company from the sale of policies of title insurance.
5. For purposes of this section factory mutuals shall pay 2 percent on all gross premiums upon policies on risks located in this state in force on December 31 next preceding, after deducting from such gross premiums dividends and returns to policyholders computed at the average rate on annual policies expiring during the preceding year, whether actually paid or applied in part payment of any renewal premiums.
6. The commissioner may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
7. Coincidentally with the filing of such report each such insurer shall pay to the commissioner, for the privilege of transacting business in this state, a tax of 2 percent upon such net premiums and net considerations.
8. A domestic insurer doing business in a state in which such insurer is not licensed and to which the insurer does not pay a premium tax, shall report and pay the tax on such business to the State of Nevada as though such business were transacted in this state.
9. Payment, by an insurer, of the tax required in this section shall be in lieu of all taxes imposed by the state or any city, town or county upon premiums or upon income of insurers and of franchise, privilege or other taxes measured by income of the insurer. This subsection shall not be modified or repealed by any law of general application enacted after January 1, 1972, unless expressly referred to or expressly repealed therein.
κ1975 Statutes of Nevada, Page 465 (CHAPTER 327, AB 538)κ
10. Any insurer that fails to file the report or pay the tax as required by this section within the time for filing and payment as provided in this section shall in addition to any other applicable penalty pay a penalty equal to the rate of 10 percent upon the amount of tax assessed against it.
________
Assembly Bill No. 511Committee on Government Affairs
CHAPTER 328
AN ACT relating to general improvement districts; permitting service charges and fees of general improvement districts to be collected on county tax roll; and providing other matters properly relating thereto.
[Approved May 5, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 318.201 is hereby amended to read as follows:
318.201 1. Any board which has adopted rates pursuant to this chapter may, by resolution or by separate resolutions, elect to have such charges for the forthcoming fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, [its] the countys general taxes. In such event, it shall cause a written report to be prepared and filed with the secretary, which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for such year, computed in conformity with the charges prescribed by the resolution.
2. The powers authorized by this section [shall be] are alternative to all other powers of the district, and alternative to other procedures adopted by the board for the collection of such charges.
3. The real property may be described by reference to maps prepared by and on file in the office of the county assessor or by descriptions used by him, or by reference to plats or maps on file in the office of the secretary.
4. The board may make the election specified in subsection 1 with respect only to delinquent charges and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.
5. The secretary shall cause notice of the filing of the report and of a time and place of hearing thereon to be published once a week for 2 weeks prior to the date set for hearing, in a newspaper of general circulation printed and published within the district if there is one and if not then in such paper printed and published in a county within which the district is located.
6. Before the board may have such charges collected on the tax roll, the secretary shall cause a notice in writing of the filing of the report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the secretary.
κ1975 Statutes of Nevada, Page 466 (CHAPTER 328, AB 511)κ
the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the secretary. If the board adopts the report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed [shall] does not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as [herein provided shall be] provided in this section is adequate.
7. At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. If the board finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land.
8. Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in the report, which determination [shall be] is final.
9. [Prior to the time the county treasurer posts taxes to the county tax roll each year following such final determination, the secretary shall file with him a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the board, and the county treasurer shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. Where any such parcels are outside the boundaries of the district they shall be added to the assessment roll of such district for the purpose of collecting such charges. If the property is not described on the roll, the county treasurer may enter the description thereon together with the amounts of the charges, as shown in the report.] After the hearing, when the board has made a final decision on a service charge or fee to be collected on the county tax roll, the secretary shall prepare and file a final report, which shall contain a description of each parcel receiving the services and the amount of the charge, with the county assessor for inclusion on the assessment roll. If a report is filed after the closing of the assessment roll but before the extension of the tax roll, the auditor shall insert the charges in such extension.
10. The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of the time when the lien of taxes on the roll attach.
11. The county treasurer shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the [district, and shall be] county. The charges shall become delinquent at the same time [and thereafter be] as such taxes and are subject to the same delinquency penalties.
κ1975 Statutes of Nevada, Page 467 (CHAPTER 328, AB 511)κ
12. All laws applicable to the levy, collection and enforcement of general taxes of the [district,] county, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, are applicable to such charges.
13. The county treasurer may [, in his discretion,] issue separate bills for such charges and separate receipts for collection on account of such charges.
________
Assembly Bill No. 510Committee on Government Affairs
CHAPTER 329
AN ACT relating to county commissioners; authorizing county commissioners to exercise within any unincorporated areas any improvement powers delegated to boards of trustees of general improvement districts upon compliance with the same procedures required of such boards of trustees; and providing other matters properly relating thereto.
[Approved May 5, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Subject to the conditions imposed in subsection 2, the board of county commissioners of any county of this state has the power to make any improvement in any unincorporated area within its county that a board of trustees of any general improvement district, if organized, would be permitted to make pursuant to the provisions of chapter 318 of NRS.
2. A board of county commissioners may make improvements authorized under subsection 1 only upon compliance with the same procedures that a board of trustees of a general improvement district would be required to follow for the same class of improvements within an improvement district.
________
Assembly Bill No. 439Committee on Transportation
CHAPTER 330
AN ACT to provide a fee for the registration of travel trailers.
[Approved May 5, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.480 is hereby amended to read as follows:
482.480 There shall be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
κ1975 Statutes of Nevada, Page 468 (CHAPTER 330, AB 439)κ
1. For each stock passenger car, bus and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of $5.50.
2. For every motorcycle, the sum of $3.50.
3. For every motortruck having an unladened weight of 3,500 pounds or less, as shown by a public weighmasters certificate, a registration fee of $9.
4. For every trailer or semitrailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $2.50. For every trailer having an unladened weight of more than 1,000 pounds, but not more than 3,500 pounds, a flat registration fee of $5.50. For every trailer or semitrailer having an unladened weight of more than 3,500 pounds and less than 4,000 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds................................................... $8
3,550 to and including 3,649 pounds................................................... 10
3,650 to and including 3,749 pounds................................................... 12
3,750 to and including 3,849 pounds................................................... 14
3,850 to and including 3,949 pounds................................................... 16
3,950 to and including 3,999 pounds................................................... 18
5. For every motortruck having an unladened weight of more than 3,500 pounds and less than 5,050 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds................................................... $10
3,550 to and including 3,649 pounds................................................... 12
3,650 to and including 3,749 pounds................................................... 14
3,750 to and including 3,849 pounds................................................... 16
3,850 to and including 3,949 pounds................................................... 18
3,950 to and including 3,999 pounds................................................... 20
4,000 to and including 5,049 pounds................................................... 25
6. For every trailer or semitrailer having an unladened weight of 4,000 pounds or more, except mobile homes, and for every motortruck having an unladened weight of 5,050 pounds or more, 50 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmasters certificate. At the time of weighing, each vehicle shall have in place each and every accessory and appliance belonging to and used on such vehicle in the transportation of property. Whenever a camper is attached to a motortruck the camper shall be considered as a load and the fees imposed by this section upon the motortruck shall be based on the unladened weight of the motortruck, exclusive of the camper.
7. Except as provided in subsection 8, for each transfer of registration the fee shall be $2.
8. The fee for transfer of a registration to any motor vehicle enumerated in subsection 6 shall be $2 plus the excess, if any, of the fee which would have been payable for an original registration of such vehicle over the fee paid for registration of the vehicle from which the registration is transferred.
κ1975 Statutes of Nevada, Page 469 (CHAPTER 330, AB 439)κ
9. For each stock passenger car, bus, reconstructed or specially constructed passenger car, motorcycle, motortruck and truck tractor there shall be an additional fee of $2 for each registration, which shall be placed in a special fund to be used only for the purposes specified in NRS 481.145.
10. For every travel trailer, the registration fee shall be $5.50.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1975.
________
Assembly Bill No. 435Assemblyman Dini
CHAPTER 331
AN ACT dissolving and abolishing the Fernley Sanitation District and the Fernley Water District, merging their respective areas into the unincorporated Town of Fernley; providing for the assumption of all bonded indebtedness and other obligations of the districts by the unincorporated Town of Fernley; ratifying, approving, conforming and validating proceedings pertaining thereto; and providing other matters properly relating thereto.
[Approved May 5, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. By this act, the Fernley Sanitation District, in the County of Lyon and State of Nevada, and the Fernley Water District, in the County of Lyon and State of Nevada, are each hereby dissolved and abolished; and the area formerly comprising each district is merged into and by this act is made a part of the unincorporated Town of Fernley in the County of Lyon and State of Nevada.
Sec. 2. The unincorporated Town of Fernley shall operate and maintain the public sanitary sewer system and all appurtenant facilities of the Fernley Sanitation District. The Town shall also operate and maintain the public water system and all appurtenant facilities of the Fernley Water District. The Town may consolidate such system or systems with any sanitary sewer system, water system, or joint water and sewer system presently owned, operated and maintained by the Town. The Town may also operate the sanitary sewer system and water system as a joint system.
Sec. 3. The unincorporated Town of Fernley, in the County of Lyon and State of Nevada, shall assume and succeed to all the properties, debts, bonded indebtedness, and other obligations, of each district abolished by this act, including without limitation, the obligations imposed upon each such district by contract evidenced in part by the districts outstanding general obligation bonds, whether or not their payment is additionally secured with pledged revenues, and to the liabilities, duties, privileges, powers, disabilities, immunities and rights of both the Fernley Sanitation District and the Fernley Water District.
Sec. 4. General obligation bonds outstanding on the effective date of this act of both the Fernley Sanitation District and the Fernley Water District, whether or not their payment is additionally secured with pledged revenues, shall become the general obligation bonds of the unincorporated Town of Fernley to the same extent as if originally issued pursuant to the provisions of NRS 269.400 to 269.470, inclusive.
κ1975 Statutes of Nevada, Page 470 (CHAPTER 331, AB 435)κ
District, whether or not their payment is additionally secured with pledged revenues, shall become the general obligation bonds of the unincorporated Town of Fernley to the same extent as if originally issued pursuant to the provisions of NRS 269.400 to 269.470, inclusive. Taxes shall be levied annually, without regard to any statutory tax limitations now or hereafter existing, to pay the interest on such general obligation bonds and to pay and retire the same as provided in the Local Government Securities Law, NRS 350.500 to 350.720, inclusive, and any act supplemental thereto; but this act does not prevent the use of any other funds, that may be available for that purpose, for the payment of the interest on or the principal of such general obligation bonds as the same respectively mature, and upon such payments the levy or levies of taxes provided in the Local Government Securities Law may to that extent be diminished.
Sec. 5. General obligation bonds, outstanding on the effective date of this act, of both the Fernley Sanitation District and the Fernley Water District shall continue to be paid in accordance with the terms of the contract, resolution, indenture or other instrument authorizing the issuance of such bonds.
Sec. 6. Any bonds, including without limitation any revenue bonds, or any general obligation bonds, whether or not their payment is additionally secured with pledged revenues, outstanding on the effective date of this act and issued by either the Fernley Water District or the Fernley Sanitation District, may be refunded by the unincorporated Town of Fernley by the issuance of its general obligation bonds, the payment of which may be additionally secured by a pledge of and lien on the net revenues of the sewer system, the water system or joint water and sewer system or any part thereof as provided in the resolution or other proceedings authorizing the issuance of the refunding bonds, even though by such refunding there may be modified the revenue sources for the payment of the bonds, the pledges of and liens on such revenues to secure the payment of the bonds, and the taxable property subject to the levy of general (ad valorem) taxes for the payment of bonds, or any combination of such factors. Any refunding bonds issued for such purpose shall be issued as provided by the Local Government Securities Law.
Sec. 7. The powers conferred by this act are supplemental to, and the limitations imposed by this act do not affect, the powers conferred by any other law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, the provisions of this act are controlling.
Sec. 8. This act is intended to cure any and all defects, if any, in Ordinance No. 83 of the unincorporated Town of Fernley, effective on the first day of July 1972, merging the Fernley Sanitation District with the unincorporated Town of Fernley, and any and all defects, if any, in Ordinance No. 84 of the unincorporated Town of Fernley, effective on the first day of July 1972, merging the Fernley Water District with the unincorporated Town of Fernley.
Sec. 9. All acts by the Fernley Sanitation District, the Fernley Water District, the unincorporated Town of Fernley and their respective governing bodies directed toward the dissolution of the Fernley Sanitation District, the dissolution of the Fernley Water District, and the assumption by the unincorporated Town of Fernley of the bonded indebtedness of each of those districts, and the payment of such bonded indebtedness, or other obligations, by the unincorporated Town of Fernley are hereby ratified, approved, confirmed and validated.
κ1975 Statutes of Nevada, Page 471 (CHAPTER 331, AB 435)κ
District, the dissolution of the Fernley Water District, and the assumption by the unincorporated Town of Fernley of the bonded indebtedness of each of those districts, and the payment of such bonded indebtedness, or other obligations, by the unincorporated Town of Fernley are hereby ratified, approved, confirmed and validated.
Sec. 10. This act being necessary to secure and preserve the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.
Sec. 11. If any provision of this act or the application thereof to any person, thing, or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 12. This act shall become effective upon passage and approval.
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Assembly Bill No. 431Assemblymen Weise, Benkovich, Heaney, Mello, Coulter, Wittenberg, Barengo, Wagner, Murphy and Christensen
CHAPTER 332
AN ACT relating to the Washoe County school district; creating school trustee election districts; providing for the election of trustees; and providing other matters properly relating thereto.
[Approved May 5, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 386 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In the Washoe County school district:
1. At the general election in 1976, and every 4 years thereafter, four trustees shall be elected, one from each of the school trustee election districts, designated districts A, D, E and G, as created by this section.
2. At the general election in 1978, and every 4 years thereafter, three trustees shall be elected, one from each of the school trustee election districts, designated districts B, C and F, as created by this section.
3. Seven school trustee election districts are hereby created within the county school district as follows:
(a) District A is composed of assembly districts Nos. 23 and 26.
(b) District B is composed of assembly districts Nos. 30 and 31.
(c) District C is composed of assembly districts Nos. 29 and 32.
(d) District D is composed of assembly districts Nos. 27 and 28.
(e) District E is composed of assembly districts Nos. 24 and 25.
(f) District F is composed of assembly districts Nos. 26, 29, 30, 31 and 32.
(g) District G is composed of assembly districts Nos. 23, 24, 25, 27 and 28.
κ1975 Statutes of Nevada, Page 472 (CHAPTER 332, AB 431)κ
Assembly district, as used in this subsection, means one of the districts, identified by number, established by NRS 218.080.
Sec. 2. 1. In addition to the provisions of section 1 of this act, a trustee from district C shall be elected for a term of 2 years at the general election in 1976.
2. The members of the board of trustees of the Washoe County school district as the board is constituted on January 1, 1976, shall continue to hold office for the terms for which they were elected.
Sec. 3. Any vacancy occurring in the board of trustees of the Washoe County school district shall be filled as provided in NRS 386.270 by a person residing in the same school trustee election district created in section 1 of this act as did the trustee he is to replace.
Sec. 4. 1. Section 3 of this act shall become effective upon passage and approval.
2. All other sections of this act shall become effective January 1, 1976, for the purpose of electing school trustees at the general election in 1976. For all other purposes, such sections shall become effective on the first Monday of January, 1977.
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Assembly Bill No. 414Assemblymen Demers, May, Mann, Hayes, Schofield and Jeffrey
CHAPTER 333
AN ACT relating to banks; increasing the amount of an unsecured loan that may be made to certain directors, officers and employees of a bank; and providing other matters properly relating thereto.
[Approved May 5, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 668.035 is hereby amended to read as follows:
668.035 1. It is unlawful for any director, officer or employee of any bank, directly or indirectly, for himself or as the agent of others, to borrow money in excess of $250 from such bank, except as provided in subsection 2, unless he gives good and sufficient security for the repayment of such loan, which loan and security must be approved by a majority vote of the directors, in regular or in special meeting assembled, the applicant not voting. All the proceedings relating thereto shall be recorded at length in the records of the bank, and shall immediately be reported in writing to the superintendent.
2. If a director, officer or employee has been employed by, or otherwise associated with, such bank for at least 3 consecutive years, such director, officer or employee may, at the discretion of such bank, borrow not more than $1,000 from such bank without pledging security for the repayment of such loan. Approval of such loan shall be obtained in accordance with the provisions of subsection 1.
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κ1975 Statutes of Nevada, Page 473κ
Assembly Bill No. 340Committee on Government Affairs
CHAPTER 334
AN ACT relating to the levy of property taxes and the reduction of the combined tax rate of local governments to meet constitutional limitations; requiring that a record be kept of the proceedings of local government meetings to establish such rate; requiring timely submission of the transcript to the Nevada tax commission if the ballots cast by the local governments are not unanimous; and providing other matters properly relating thereto.
[Approved May 5, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.455 is hereby amended to read as follows:
361.455 1. Subsequent to the approval of the final budgets for the various local governments as defined in NRS 354.474 and their submission to the Nevada tax commission, for examination and approval, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify such combined rate, to each of the boards of county commissioners.
2. Immediately upon adoption of the final budgets, if the combined tax rate together with the established state tax rate exceeds the constitutional tax rate limit, the chairman of the board of county commissioners in each county concerned shall call a meeting of the governing boards of each of the local governments within such county for the purpose of establishing a combined tax rate that conforms to the constitutional limitations. The chairman shall convene the meeting [on April 14 or, if April 14 falls on a Saturday or Sunday, on the Monday next following.] no later than April 14 of each year.
3. The governing boards of the local governments shall meet in public session and the county clerk shall keep appropriate records, pursuant to regulations of the Nevada tax commission, of all proceedings. The costs of taking and preparing the record of the proceedings, including the costs of transcribing and summarizing tape recordings, shall be borne by the county and participating incorporated cities in proportion to the final tax rate as certified by the Nevada tax commission. The chairman of the board of county commissioners or his designee shall preside at such meeting. The governing boards shall explore areas of mutual concern so as to agree upon a combined tax rate that does not exceed the constitutional limit. That portion of the proposed tax rate of the county school district for the operation and maintenance of public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195 may not be reduced by action of the governing boards in order to establish a combined tax rate conforming to constitutional limitations; but that portion of the proposed tax rate of the county school district specified for debt service requirements pursuant to paragraph (c) of subsection 2 of NRS 387.195 is subject to a rate adjustment by action of the governing boards pursuant to this section.
κ1975 Statutes of Nevada, Page 474 (CHAPTER 334, AB 340)κ
paragraph (c) of subsection 2 of NRS 387.195 is subject to a rate adjustment by action of the governing boards pursuant to this section.
4. The governing boards shall determine final decisions by a unanimous vote of all entities present and qualified to vote, as defined in this subsection. No ballot may be cast on behalf of any governing board unless a majority of such individual board is present. A majority vote of all members of each governing board is necessary to determine the ballot cast for that entity. All ballots must be cast not later than the day following the day the meeting is convened. The district attorney shall be the legal advisor for such proceedings.
5. The county clerk shall immediately thereafter advise the Nevada tax commission of the results of the ballots cast and the tax rates set for local governments concerned. [and shall submit a written summary of the discussions to the commission.] If the ballots for the entities present at the meeting in such county are not unanimous, the county clerk shall [notify the Nevada tax commission of the ballots cast indicating that a unanimous vote could not be obtained.] transmit all records of the proceeding to the commission within 5 days after the meeting.
6. If a unanimous vote is not obtained and the combined rate in any county together with the established state tax rate exceeds the constitutional tax rate limit, the Nevada tax commission shall examine the [summary] record of the discussions and the budgets of all local governments concerned. On May 1 or, if May 1 falls on a Saturday or Sunday, on the Monday next following, the Nevada tax commission shall meet to set the tax rates for the next succeeding year for all local governments so examined. In setting such tax rates for the next succeeding year the Nevada tax commission shall not reduce that portion of the proposed tax rate of the county school district for the operation and maintenance of public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195.
7. Any local government affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget by June 30 next after the approval and certification of the rate by the Nevada tax commission.
8. A copy of the certificate of the Nevada tax commission sent to the board of county commissioners shall be forwarded to the county auditor.
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κ1975 Statutes of Nevada, Page 475κ
Assembly Bill No. 336Assemblymen Mello, Dini, Wittenberg, Demers and Robinson
CHAPTER 335
AN ACT relating to elections; providing means whereby any voter may express his lack of confidence in presidential candidates or candidates for statewide office; and providing other matters properly relating thereto.
[Approved May 5, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every ballot upon which appears the names of candidates for any statewide office or for President and Vice President of the United States shall contain for each office an additional line equivalent to the lines on which the candidates names appear and placed at the end of the group of lines containing the names of the candidates for that office. Each additional line shall contain a square in which the voter may express his choice of that line in the same manner as he would express his choice of a candidate, and the line shall read None of these candidates.
2. Only votes cast for the named candidates shall be counted in determining nomination or election to any statewide office or presidential nominations or the selection of presidential electors, but for each office the number of ballots on which the additional line was chosen shall be listed following the names of the candidates and the number of their votes in every posting, abstract and proclamation of the results of the election.
3. Every sample ballot or other instruction to voters prescribed or approved by the secretary of state shall clearly explain that the voter may mark his choice of the line None of these candidates only if he has not voted for any candidate for the office.
Sec. 2. NRS 293.293 is hereby amended to read as follows:
293.293 1. [The] Except as provided in subsection 2 and in NRS 293.295 the voter shall mark his ballot in no other manner than by stamping a cross (X) in the square following the name of [the] each candidate for whom he intends to vote for each office, or upon one of the lines provided pursuant to section 1 of this act, except that in a general election, at which the names of candidates for President and Vice President of the United States are on the ballot, followed by the designation of their party, one vote for the party designated shall constitute a vote for such partys candidates for President and Vice President.
2. If a proposed constitutional amendment or other question is submitted to the registered voters, the cross shall be placed in the square following the answer which the voter chooses to give.
3. Before leaving the booth, the voter shall fold his ballot in such a manner that the watermark and the number of the ballot appear on the outside, without exposing how he voted, and shall keep it so folded until he has delivered it to the officer from whom he received it, who shall announce the number of the ballot in an audible voice.
κ1975 Statutes of Nevada, Page 476 (CHAPTER 335, AB 336)κ
4. The election board officer who is in charge of the pollbook shall repeat the number, and mark in the column opposite the number the word Voted, or a character indicating the word Voted.
5. The election board officer who receives the voted ballot shall separate from the ballot the strip bearing the number and shall deposit the ballot in the ballot box in the presence of the voter.
6. No ballot may be deposited in the ballot box unless the watermark appears thereon, and until the slip containing the number of the ballot has been removed therefrom by the election board officer. The strip bearing the number shall be retained by the election board officer.
Sec. 3. Chapter 293A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every voting device which contains the names of candidates for any statewide office or President and Vice President of the United States or for nomination as presidential candidates shall provide an additional voting mechanism for each office, properly identified and identical in form and function to those used in voting for named candidates, which shall correspond to the additional line required on paper ballots by section 1 of this act.
2. Sample ballots, diagrams and any other information given to voters shall clearly explain the use of such additional voting mechanism in conformity with subsection 3 of section 1 of this act.
Sec. 4. NRS 293A.470 is hereby amended to read as follows:
293A.470 The statement of result of votes cast, which shall be certified by the election board, shall show the number of the machine, the precinct or district, the polling place, the total number of ballots cast [and the number of votes cast for each candidate and measure as shown on each counter.] , the number of votes cast for and against each measure, and:
1. The number of votes cast for each candidate, grouped by office; and
2. The number of choices registered on the additional voting mechanism required by section 3 of this act, immediately following the names of the candidates for the office.
Sec. 5. NRS 298.125 is hereby amended to read as follows:
298.125 The form of presidential preference primary ballots shall be substantially as follows:
(Form of Ballot)
................................................... Party
Presidential Preference Primary
Instructions: If you desire to vote for any candidate, or if you desire to express a lack of confidence in all of the candidates, stamp a cross (X) in the square following [the name of such candidate.] your selection.
Presidential Candidates
(vote for one)
(Name of candidate)................... c
(Name of candidate)................... c
(Name of candidate)................... c
(None of these candidates)...... c
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κ1975 Statutes of Nevada, Page 477κ
Senate Bill No. 500Committee on Judiciary
CHAPTER 336
AN ACT relating to corporations; requiring the secretary of state to refuse to file articles of incorporation if the proposed corporate name is the same or deceptively similar to the name of an existing corporation; revising criteria for determining the amount of filing fees; simplifying the procedure for notifying delinquent corporations of their right to reinstatement; and providing other matters properly relating thereto.
[Approved May 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The secretary of state shall refuse to accept for filing in his office the articles of incorporation of any corporation whose name is the same as or deceptively similar to the name of any other corporation formed or incorporated in this state or of any foreign corporation authorized to transact business in this state or a name held reserved and unavailable pursuant to NRS 78.040.
Sec. 2. NRS 78.180 is hereby amended to read as follows:
78.180 1. Subject to the provisions of subsections 3 and 4, the secretary of state is authorized:
(a) To reinstate any corporation which has forfeited or which shall forfeit its right to transact business under the provisions of NRS 78.150 to 78.190, inclusive; and
(b) To restore to such corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, upon the filing with the secretary of state of an affidavit stating the reason for the revocation of its charter, and upon payment to the secretary of state of all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, and also all filing fees, licenses and penalties which have accrued since the revocation of its charter.
2. In case such payment is made and the secretary of state reinstates the corporation to its former rights he shall:
(a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and
(b) Upon demand, issue to the corporation one or more certified copies of such certificate of reinstatement, a copy of which shall be filed in the office of the county clerk of the county in which the principal place of business of such corporation is located or in any other county in which it may own, hold or lease property or transact business.
3. In no case shall the secretary of state order a reinstatement unless all such delinquent fees, penalties and costs have been paid, and such revocation of the charter occurred only by reason of failure to pay such fees, penalties and costs.
4. If a corporate charter has been revoked pursuant to the provisions of NRS 78.175 and has remained revoked for a period of 10 consecutive years, such charter shall not be subject to reinstatement.
κ1975 Statutes of Nevada, Page 478 (CHAPTER 336, SB 500)κ
5. At least 30 days before the right of a corporation to reinstatement is due to expire pursuant to the provisions of subsection 4, the secretary of state shall send notice of such fact [by certified mail] to the last registered agent of such corporation or [, if the resident agent cannot be located,] to the last president of the corporation. The notice shall state the conditions under which reinstatement may be granted prior to the expiration of the 10-year period.
Sec. 3. NRS 78.215 is hereby amended to read as follows:
78.215 1. Corporations may issue and dispose of their authorized shares without nominal or par value, for such considerations as may be prescribed in the certificate or articles of incorporation, or in any amendment thereof, or, if no consideration is so prescribed, then for such consideration as may be fixed by the board of directors.
2. If a consideration is prescribed for shares without par value, such consideration shall not be used to determine the fees required for filing articles of incorporation pursuant to NRS 78.760.
Sec. 4. NRS 78.760 is hereby amended to read as follows:
78.760 1. The fee for filing articles of incorporation or agreements of consolidation providing for shares shall be as provided in the following schedule:
Amount represented by the total number of shares provided for in the articles of incorporation or the agreement of consolidation:
$25,000 or less..................................................................................... $25
Over $25,000 and not over $75,000.................................................. 40
Over $75,000 and not over $200,000................................................ 75
Over $200,000 and not over $500,000.............................................. 100
Over $500,000 and not over $1,000,000........................................... 150
Over $1,000,000:
For the first $1,000,000.......................................................... 150
For each additional $500,000 or fraction thereof.............. 75
2. For the purpose of computing the filing fees according to the schedule in subsection 1, the amount represented by the total number of shares provided for in the articles of incorporation or the agreement of consolidation shall be:
(a) The aggregate par value of the shares, if only shares with a par value are therein provided for; [or]
(b) The product of the number of shares multiplied by $10, regardless of any lesser amount prescribed as the value or consideration for which shares may be issued and disposed of, if only shares without par value are therein provided for; or
(c) The aggregate par value of the shares with a par value plus the product of the number of shares without par value multiplied by $10, regardless of any lesser amount prescribed as the value or consideration for which the shares without par value may be issued and disposed of, if shares with and without par value are therein provided for.
Sec. 5. NRS 80.170 is hereby amended to read as follows:
80.170 1. Subject to the provisions of subsections 3 and 4, the secretary of state is authorized:
κ1975 Statutes of Nevada, Page 479 (CHAPTER 336, SB 500)κ
(a) To reinstate any corporation which has forfeited or which shall forfeit its right to transact business under the provisions of NRS 80.110 to 80.180, inclusive; and
(b) To restore to such corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, upon the filing with the secretary of state of an affidavit stating the reason for the forfeiture of its right to transact business, and upon payment to the secretary of state of all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the forfeiture of its right to carry on business, and also all filing fees, licenses and penalties which have accrued since the forfeiture of its right to transact business.
2. In case such payment is made and the secretary of state reinstates the corporation to its former rights he shall:
(a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and
(b) Upon demand, issue to the corporation one or more certified copies of such certificate of reinstatement, a copy of which shall be filed or microfilmed in the office of the county clerk of the county in which the principal place of business of such corporation is located or in any other county in which it may own, hold or lease property or transact business.
3. In no case shall the secretary of state order a reinstatement unless all such delinquent fees, penalties and costs have been paid, and such revocation of the right to transact business occurred only by reason of failure to pay such fees, penalties and costs.
4. If the right of a corporation to carry on business in this state has been annulled pursuant to the provisions of NRS 80.160 and has remained annulled for a period of 10 consecutive years, such right shall not be subject to reinstatement.
5. At least 30 days before the right of a corporation to reinstatement is due to expire pursuant to the provisions of subsection 4, the secretary of state shall send notice of such fact [by certified mail] to the last registered agent of such corporation or [, if the resident agent cannot be located,] to the last president of the corporation. The notice shall state the conditions under which reinstatement may be granted prior to the expiration of the 10-year period.
Sec. 6. This act shall become effective upon passage and approval.
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Assembly Bill No. 760Committee on Elections
CHAPTER 337
AN ACT relating to elections; validating certain post card reregistration of electors for purposes of the spring 1975 municipal elections; and providing other matters properly relating thereto.
[Approved May 6, 1975]
Whereas, The legislature has heretofore provided a method whereby electors failing to vote at the last general election may reregister by using a post card containing a form for an affidavit of registration; and
κ1975 Statutes of Nevada, Page 480 (CHAPTER 337, AB 760)κ
Whereas, This method is incorporated in the provisions of NRS 293.545; and
Whereas, Post cards containing no such affidavit have been mailed to and returned by such electors; and
Whereas, Such mailing and return is, at best, colorable compliance with the provisions of NRS 293.545; and
Whereas, The legislature is cognizant of the fact that thousands of electors have acted in reliance on the regularity of the post cards received; and
Whereas, The legislature declares by this act its intention to secure the rights of such electors to vote in the spring primary municipal elections and general municipal elections; and
Whereas, The legislature declares that this act shall be considered an emergency measure; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding the fact that post cards mailed contained no form for affidavit of registration, as required by NRS 293.545, all post cards mailed to electors pursuant to NRS 293.545 after the November 1974 general election and before the effective date of this act shall be effective for the purposes of reregistration, except as provided in section 2 of this act, if they are otherwise completed and returned to the county clerk or registrar of voters.
Sec. 2. 1. Immediately after the spring general municipal elections in 1975, the county clerk or registrar of voters shall remove from the registrar of voters register and from the election board register those nonaffidavit post card registrations which have been counted as effective reregistrations for the purposes of the 1975 municipal elections only.
2. The county clerk or registrar of voters shall mail those post cards required by NRS 293.545 to all electors whose nonaffidavit post card registrations have been removed from the registrar of voters register and the election board register pursuant to subsection 1.
Sec. 3. 1. No questions shall be raised before any administrative body or court concerning the regularity of the reregistration of electors for the spring 1975 municipal elections if such question concerns any defect or irregularity covered in the premises of this act.
2. This act being necessary to secure and preserve the public convenience and welfare shall be liberally construed to effect its purposes.
Sec. 4. This act shall become effective upon passage and approval.
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