[Rev. 2/28/2019 12:06:15 PM]
κ1975 Statutes of Nevada, Page 961 (CHAPTER 547, SB 526)κ
4. Before issuance of a license to practice medicine, the applicant who presents the proof required by subsection 1 shall appear personally before the board and satisfactorily pass a written or oral examination, or both, as to his qualifications to practice medicine.
________
Senate Bill No. 78Committee on Commerce and Labor
CHAPTER 548
AN ACT relating to licensing and control of mortgage companies; clarifying a definition; revising the list of exemptions; revising requirement for bond; and providing other matters properly relating thereto.
[Approved May 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645B.010 is hereby amended to read as follows:
645B.010 As used in this chapter, unless the context otherwise requires:
1. Commissioner means the commissioner of savings associations.
2. Mortgage company means any person who, [either on his own account or as an agent, provides funds for investment in loans secured by a lien on property, or who, in conjunction with such lending business, collects any funds which are:
(a) In payment of the principal or interest on such loans on behalf of another person; or
(b) In payment for any taxes or insurance premiums on property purchased through the use of such loans.] directly or indirectly:
(a) Holds himself out for hire to serve as an agent for any person in an attempt to obtain a loan which will be secured by a lien on real property;
(b) Holds himself out for hire to serve as an agent for any person who has money to loan, which loan is or will be secured by a lien on real property;
(c) Holds himself out as being able to make loans secured by liens on real property; or
(d) Holds himself out as being able to service loans secured by liens on real property.
For the purposes of this subsection, a person holds himself out as being able to perform the given function only if he advertises as being able to do so.
Sec. 2. NRS 645B.030 is hereby amended to read as follows:
645B.030 1. At the time of filing an application for a mortgage companys license, the applicant shall deposit with the commissioner a corporate surety bond payable to the State of Nevada, in an amount, to be determined by the commissioner, no less than [$50,000,] $10,000, and executed by a corporate surety satisfactory to the commissioner.
2. The bond shall be in substantially the following form:
κ1975 Statutes of Nevada, Page 962 (CHAPTER 548, SB 78)κ
Know All Men By These Presents, that ..................................., as principal, and ..........................................., as surety, are held and firmly bound unto the State of Nevada for the use and benefit of any injured person, in the sum of ................................, lawful money of the United States of America, to be paid to the State of Nevada for the use and benefit aforesaid, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
The condition of the above obligation is such that: Whereas, the principal has made application to the commissioner of savings associations of the State of Nevada for a license as a mortgage company and is required to furnish a bond in the sum above named, conditioned as herein set forth:
Now, therefore, if the principal, his agents and employees, strictly, honestly and faithfully comply with the provisions of NRS 645B.010 to 645B.230, inclusive, and pay all damages suffered by any person by reason of the violation of any of the provisions of NRS 645B.010 to 645B.230, inclusive, or by reason of any fraud, dishonesty, misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of NRS 645B.010 to 645B.230, inclusive, then this obligation shall be void; otherwise to remain in full force and effect.
This bond shall become effective on the ............. day of ................., 19.........., and shall remain in force until the surety is released from liability by the commissioner or until this bond is canceled by the surety. The surety may cancel this bond and be relieved of further liability hereunder by giving 30 days written notice to the principal and to the commissioner of savings associations of the State of Nevada.
This bond shall be one continuing obligation, and the liability of the surety for the aggregate of any and all claims which may arise hereunder shall in no event exceed the amount of the penalty hereof.
In Witness Whereof, the seal and signature of the principal hereto is affixed, and the corporate seal and the name of the surety hereto is affixed and attested by its duly authorized officers at ................................, Nevada, this ....................................... day of ..................................., 19.................
........................................................... (Seal)
Principal
........................................................... (Seal)
Surety
By................................................
Attorney in Fact
.................................................
Licensed resident agent
Sec. 3. NRS 645B.190 is hereby amended to read as follows:
645B.190 The provisions of NRS 645B.010 to 645B.230, inclusive, do not apply to:
1. Any person doing business under the laws of this state or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, common and consumer finance companies, industrial loan companies, insurance companies or real estate investment trusts as defined in 26 U.S.C.
κ1975 Statutes of Nevada, Page 963 (CHAPTER 548, SB 78)κ
industrial loan companies, insurance companies or real estate investment trusts as defined in 26 U.S.C. § 856.
2. An attorney at law rendering services in the performance of his duties as attorney at law.
3. A real estate broker rendering services in the performance of his duties as a real estate broker.
[3.] 4. Any firm or corporation which lends money on real property and is subject to licensing, supervision or auditing by [a federal or state agency or is a mortgage company approved by the Federal Housing Administration.] the Federal National Mortgage Association as an approved seller or servicer.
[4.] 5. Any person doing any act under order of any court.
[5.] 6. Any one natural person, or husband and wife, who provides funds for investment in loans secured by a lien on real property, on his own account, who does not charge a fee or cause a fee to be paid for any service other than the normal and scheduled rates for escrow, title insurance and recording services, and who does not collect funds to be used for the payment of any taxes or insurance premiums on the property securing any such loans.
________
Assembly Bill No. 192Committee on Judiciary
CHAPTER 549
AN ACT relating to termination of parental rights; providing for certain presumptions and findings in proceedings to terminate parental rights; changing the age from under 21 years of age to under 18 for persons subject to jurisdiction of a district court in proceedings to terminate parental rights over such person; permitting a mother to commence proceedings with respect to her unborn child; and providing other matters properly relating thereto.
[Approved May 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 128 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. 1. The legislature declares that the preservation and strengthening of family life is a part of the public policy of this state.
2. The legislature finds that:
(a) Severance of the parent and child relationship is a matter of such importance in order to safeguard the rights of parent and child as to require judicial determination; and
(b) Judicial selection of the person or agency to be entrusted with the custody and control of a child after such severance promotes the welfare of the parties and of this state.
Sec. 3. Abandonment of child imports any conduct of one or both parents of a child which evinces a settled purpose on the part of one or both parents to forego all parental custody and relinquish all claims to the child, and a parent or parents of a child who leave the child in the care and custody of another without provision for his support and without communication for a period of 6 months are presumed to have intended to abandon the child.
κ1975 Statutes of Nevada, Page 964 (CHAPTER 549, AB 192)κ
and custody of another without provision for his support and without communication for a period of 6 months are presumed to have intended to abandon the child.
Sec. 4. A mother is abandoned if the father or putative father has not provided for her support during her pregnancy or has not communicated with her for a period beginning no later than 3 months after conception and extending to the birth of the child.
Sec. 5. Neglected child is a child:
1. Who lacks the proper parental care by reason of the fault or habits of his parent, guardian or custodian;
2. Whose parent, guardian or custodian neglects or refuses to provide proper or necessary subsistence, education, medical or surgical care, or other care necessary for his health, morals or well-being;
3. Whose parent, guardian or custodian neglects or refuses to provide the special care made necessary by his physical or mental condition;
4. Who is found in a disreputable place, or who is permitted to associate with vagrants or vicious or immoral persons; or
5. Who engages or is in a situation dangerous to life or limb, or injurious to health or morals of himself or others,
and the parents neglect need not be willful.
Sec. 6. 1. Parent and child relationship includes all rights, privileges and obligations existing between parent and child, including rights of inheritance.
2. As used in this section, parent includes an adoptive parent.
Sec. 7. Putative father means a person who is or is alleged or reputed to be the father of an illegitimate child.
Sec. 8. Unfit parent is any parent of a child who, by reason of his fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support, or who knowingly permits such child to associate with vagrants, vicious or immoral persons, or to live in a disreputable place.
Sec. 9. If the putative father of a child fails to acknowledge the child or petition to have his parental rights established in a court of competent jurisdiction pursuant to NRS 41.530 prior to a hearing on a petition to terminate his parental rights, he is presumed to have intended to abandon the child.
Sec. 10. 1. A finding by the court of any one of the following:
(a) Abandonment of a child;
(b) Neglect of a child; or
(c) Unfitness of a parent,
is sufficient ground for termination of parental rights.
2. Upon a finding by the court that a parent or parents have made only token efforts:
(a) To support or communicate with the child;
(b) To prevent neglect of the child; or
(c) To avoid being an unfit parent,
the court may declare the child abandoned or neglected or the parent unfit.
3. A finding by the court that a mother has been abandoned is sufficient ground for termination of the fathers parental rights.
κ1975 Statutes of Nevada, Page 965 (CHAPTER 549, AB 192)κ
Sec. 11. When the mother of an unborn child files a petition for termination of the fathers parental rights, the father or putative father, if known, shall be served with notice of the hearing in the manner provided for in NRS 128.060 to 128.080, inclusive. The hearing shall not be held until the birth of the child or 6 months after the filing of the petition, whichever is later.
Sec. 12. NRS 128.010 is hereby amended to read as follows:
128.010 1. When used in this chapter the singular includes the plural, the plural the singular, and the masculine the feminine when consistent with the intent of this chapter.
2. [Abandonment of child imports any conduct of one or both parents of a child which evinces a settled purpose on the part of one or both parents to forego all parental custody and relinquish all claims to the child, and a parent or parents of a child who shall leave the child in the care and custody of another without provision for his support and without communication for a period of 6 months shall be presumed to have intended to abandon the child.
3. Neglected child is any child who:
(a) Lacks the proper parental care by reason of the fault or habits of his parent, guardian or custodian.
(b) A child whose parent, guardian or custodian neglects or refuses to provide proper or necessary subsistence, education, medical or surgical care, or other care necessary for his health, morals or well-being.
(c) A child whose parent, guardian or custodian neglects or refuses to provide the special care made necessary by his physical or mental condition.
(d) A child who is found in a disreputable place, or who is permitted to associate with vagrants or vicious or immoral persons.
(e) A child who engages or is in a situation dangerous to life or limb, or injurious to health or morals of himself or others.
4. Unfit parent is any parent of a child who, by reason of his fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support, or who knowingly permits such child to associate with vagrants, vicious or immoral persons, or to live in a disreputable place.] As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 13. NRS 128.020 is hereby amended to read as follows:
128.020 The district courts [shall] have [and exercise] jurisdiction in all cases and proceedings under this chapter. The jurisdiction of the district courts extends to any person who should be declared free from the custody and control of either or both of his parents. The words person who should be declared free from the custody and control of either or both of his parents, [shall] include any [male person under the age of 21 years, and any female] person under the age of 18 years, who [shall have] has been abandoned or neglected by either or both his parents, [or] is a child of an unfit parent or parents, or whose mother has been abandoned by his father or putative father, as those terms are defined in this chapter, [and] if the fact of such abandonment, parental unfitness or neglect has not been judicially established by a court of competent jurisdiction.
κ1975 Statutes of Nevada, Page 966 (CHAPTER 549, AB 192)κ
unfitness or neglect has not been judicially established by a court of competent jurisdiction.
Sec. 14. NRS 128.030 is hereby amended to read as follows:
128.030 A petition alleging that there is or resides within the county a child who has been abandoned by his parent or parents, or neglected by either parent, [or] is a child of an unfit parent or parents [;] or whose mother has been abandoned by his father or putative father, and that such child should be declared free from the custody and control of his parent or parents; and praying that the district court deal with such person as provided in this chapter, may be filed at the election of the petitioner in:
1. The county in which such person is found; [or]
2. The county in which the acts complained of occurred; or
3. The county in which the person resides.
Sec. 15. NRS 128.040 is hereby amended to read as follows:
128.040 The state welfare administrator of the welfare division of the department of human resources, or his agent, the probation officer, or any other person, including the mother of an unborn child, may file with the clerk of the court a petition under the terms of this chapter. The probation officer of that county or any agency or person designated by the court shall make such investigations at any stage of the proceedings as the court may order or direct.
Sec. 16. NRS 128.050 is hereby amended to read as follows:
128.050 1. The proceedings shall be entitled, In the matter of the parental rights as to ....................................., a minor.
2. A petition shall be verified and may be upon information and belief. It shall set forth plainly:
(a) The facts which bring the child within the purview of this chapter.
(b) The name and residence of the child.
(c) The names and residences of his parents.
(d) The name and residence of the person or persons having custody or control of the child.
(e) The name and residence of his legal guardian, if there by one.
(f) The name and residence of the nearest known relative to the child, residing within the state, if no parent or guardian can be found.
3. If any of the facts required by subsection 2 are not known by the petitioner, the petition shall so state.
4. If the petitioner is a mother filing with respect to her unborn child, the petition shall so state and shall contain the name and residence of the father or putative father, if known.
Sec. 17. NRS 128.110 is hereby amended to read as follows:
128.110 Whenever the procedure described in this chapter has been followed, and [if upon the hearing of the petition the court shall determine that the child is abandoned or neglected, or that his parent or parents are unfit, the court shall enter an order determining such facts and] upon making the finding required by section 10 of this act at a hearing upon the petition, the court shall make a temporary or final written order, signed by the judge presiding in such court, judicially depriving the parent or parents of the custody and control of, and terminating the parental rights of the parent or parents with respect to such minor person, and declaring such person to be free from such custody or control, and placing those rights in some person or agency qualified by the laws of this state to provide services and care to children, or to receive any children for placement.
κ1975 Statutes of Nevada, Page 967 (CHAPTER 549, AB 192)κ
declaring such person to be free from such custody or control, and placing those rights in some person or agency qualified by the laws of this state to provide services and care to children, or to receive any children for placement. Whenever a temporary order is made, the court shall retain jurisdiction of the matter and may thereafter, and upon such notice as shall be required by the court, hear further evidence and may enter any order which could have been made on the completion of the original hearing.
Sec. 18. NRS 128.140 is hereby amended to read as follows:
128.140 All expenses incurred in complying with the provisions of this chapter shall be a county charge [.] if so ordered by the court.
________
Assembly Bill No. 394Assemblymen Christensen, Mello and Benkovich
CHAPTER 550
AN ACT authorizing and directing the state land register to convey, by quitclaim deed, certain real property to the City of Sparks to use for the purpose of parks and recreation, public roadways and a storage area.
[Approved May 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding the provisions of NRS 232.158 or any other law of the State of Nevada, the state land register on behalf of the State of Nevada and the Nevada mental health institute (as successor in title to the Nevada state hospital) is hereby authorized and directed to convey, by quitclaim deed, to the City of Sparks, all of the right, title and interest of the State of Nevada in and to the following parcels of land, situated in the City of Sparks, County of Washoe, State of Nevada, subject to the conditions herein contained:
Parcel No. 1 described as:
Beginning at a point on the North-South centerline of Section 7, T. 19 N., R. 20 E., M.D.M., from which the Northeast corner of said section bears N. 61Ί37′48″ E. — 3,008.28 feet, and proceeding thence N. 89Ί48′20″ E. — 52.03 feet to a point on a curve on the westerly right-of-way line of Galletti Way; thence along said westerly line the following eight (8) courses and distances:
(1) along the arc of said curve to the left, having a tangent which bears S. 19Ί56′20″ E., a central angle of 26Ί13′00″, a radius of 430.00 feet, and an arc length of 196.76 feet;
(2) S. 46Ί09′20″ E. — 281.03 feet;
(3) along a tangent curve to the right, having a central angle of 8Ί29′09″, a radius of 670.00 feet, and an arc length of 99.23 feet;
(4) S. 37Ί40′11″ E. — 249.87 feet;
κ1975 Statutes of Nevada, Page 968 (CHAPTER 550, AB 394)κ
(5) along a tangent curve to the left, having a central angle of 7Ί33′04″, a radius of 1,030.00 feet, and an arc length of 135.75 feet;
(6) S. 45Ί13′15″ E. — 390.38 feet;
(7) along a tangent curve to the right, having a central angle of 22Ί18′30″, a radius of 170.00 feet, and an arc length of 66.19 feet, to a point of compound curvature;
(8) along a curve to the right, having a central angle of 114Ί01′00″, a radius of 30.00 feet, and an arc length of 59.70 feet:
thence leaving said westerly line N. 88Ί53′45″ W., parallel to the northerly line of Glendale Avenue, to the northerly meander line of the Truckee River; thence along said meander line to its intersection with the North-South centerline of said Section 7; thence along said centerline N. 0Ί11′40″ W. to the point of beginning; situate entirely within the West 1/2 of the Northeast 1/4 of said Section 7,
for parks and recreation purposes and subject to the reversionary right in the State of Nevada upon the use of the parcel for any purposes other than parks and recreation.
Parcel No. 5 described as:
Commencing at the section corner common to Sections 5, 6, 7 and 8, T. 19 N., R. 20 E., M.D.M., and proceeding thence S. 66Ί13′35″ W. 2,774.41 feet to the TRUE POINT OF BEGINNING, said point lying on a curve on the southerly line of Kietzke Lane, opposite centerline station A 35 + 60.94 as shown on the Record of Survey Defining Lands of the Nevada State Hospital filed for record on November 25, 1964, File No. 13623, Washoe County, Nevada; thence along the arc of a curve to the left which back tangent bears N. 73Ί20′09″ E., having a central angle of 73Ί11′29″, a radius of 30.00 feet, and an arc length of 38.32 feet; thence S. 00Ί08′40″ W. 134.58 feet; thence along the arc of a tangent curve to the left, having a central angle of 46Ί18′00″, a radius of 370.00 feet, and an arc length of 298.99 feet; thence S. 46Ί09′20″ E. 281.03 feet; thence along the arc of a tangent curve to the right, having a central angle of 8Ί29′09″, a radius of 730.00 feet, and an arc length of 108.12 feet; thence S. 37Ί40′11″ E. 249.87 feet; thence along the arc of a tangent curve to the left, having a central angle of 7Ί33′04″, a radius of 970.00 feet, and an arc length of 127.84 feet; thence S. 45Ί13′15″ E. 390.38 feet; thence along a tangent curve to the right, having a central angle of 33Ί39′56″, a radius of 230.00 feet, and an arc length of 135.14 feet, to a point of reverse curvature; thence along the arc of a tangent curve to the left, having a central angle of 77Ί20′26″, a radius of 30.00 feet, and an arc length of 40.50 feet, to a point of cusp; thence N. 88Ί53′45″ W. 125.80 feet to a point of cusp; thence along the arc of a tangent curve concave to the northwest, having a central angle of 114Ί01′00″, a radius of 30.00 feet, and an arc length of 59.70 feet, to a point of compound curvature; thence along the arc of a tangent curve to the left, having a central angle of 22Ί18′30″, a radius of 170.00 feet, and an arc length of 66.19 feet; thence N.
κ1975 Statutes of Nevada, Page 969 (CHAPTER 550, AB 394)κ
of compound curvature; thence along the arc of a tangent curve to the left, having a central angle of 22Ί18′30″, a radius of 170.00 feet, and an arc length of 66.19 feet; thence N. 45Ί13′15″ W. 390.38 feet; thence along the arc of a tangent curve to the right, having a central angle of 7Ί33′04″, a radius of 1,030.00 feet, and an arc length of 135.75 feet; thence N. 37Ί40′11″ W. 249.87 feet; thence along the arc of a tangent curve to the left, having a central angel of 8Ί29′09″, a radius of 670.00 feet, and an arc length of 99.23 feet; thence N. 46Ί09′20″ W. 281.03 feet; thence along the arc of a tangent curve to the right, having a central angle of 46Ί18′00″, a radius of 430.00 feet, and an arc length of 347.48 feet; thence N. 00Ί08′40″ E. 104.53 feet; thence along the arc of a tangent curve to the left, having a central angle of 101Ί18′43″, a radius of 30.00 feet, and an arc length of 53.05 feet, to a point of cusp, said point lying on the southerly line of Kietzke Lane; thence along said line, along a curve to the left which back tangent bears S. 78Ί49′57″ W., having a central angle of 5Ί29′48″, a radius of 1,260.00 feet, and an arc length of 120.88 feet, to the true point of beginning, containing an area of 2.450 acres of land, more or less, situate in the northeast 1/4 of Section 7, T. 19 N., R. 20 E., M.D.M.,
for use as a public roadway and subject to a reversionary right in the State of Nevada upon the use of the parcel for any purposes other than a public roadway.
Parcel No. 6 described as:
Commencing at the west 1/4 corner of Section 8, T. 19 N., R. 20 E., M.D.M., as shown on the Amended Record of Survey Defining Lands of the Nevada State Hospital filed for record on the 24th day of May, 1968, File No. 116007, Washoe County, Nevada, and proceeding thence along the west line of said Section 8, N. 00Ί30′43″ E. 70.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said line N. 00Ί30′43″ E. 907.71 feet; thence S. 81Ί36′06″ E. 44.41 feet; thence S. 00Ί45′00″ W. 872.28 feet; thence along the arc of a tangent curve to the left, having a central angle of 89Ί36′10″, a radius of 30.00 feet, and an arc length of 46.92 feet, to a point of cusp; thence N. 88Ί51′10″ W. 70.03 feet to the true point of beginning, containing an area of 0.879 acres of land, more or less, and situate in the NW1/4 of Section 8, T. 19 N., R. 20 E., M.D.M.
for use as a public roadway and subject to a reversionary right in the State of Nevada upon the use of the parcel for any purposes other than a public roadway.
Parcel No. 7 described as:
Commencing at the west 1/4 corner of Section 8, T. 19 N., R. 20 E., M.D.M., as shown on the Amended Record of Survey Defining Lands of the Nevada State Hospital filed for record on the 24th day of May, 1968, File No. 116007, Washoe County, Nevada, and proceeding thence along the west line of said Section 8, N.
κ1975 Statutes of Nevada, Page 970 (CHAPTER 550, AB 394)κ
8, N. 00Ί30′43″ E. 70.00 feet; thence N. 88Ί51′10″ W. 39.76 feet to the TRUE POINT OF BEGINNING; thence N. 88Ί51′10″ W. 30.21 feet to a point of cusp; thence along the arc of a curve concave to the northwest, having a central angle of 90Ί23′50″, a radius of 30.00 feet, and an arc length of 47.33 feet; thence S. 00Ί45′00″ W. 30.21 feet to the true point of beginning, containing an area of 0.005 acres of land, more or less, situate in the NE1/4 of Section 7, T. 19 N., R. 20 E., M.D.M.,
for use as a public roadway and subject to a reversionary right in the State of Nevada upon the use of the parcel for any purposes other than a public roadway.
________
Assembly Bill No. 245Assemblymen Bremner, Barengo, Brookman, Murphy, Jeffrey, Polish, Robinson, Wittenberg, Schofield, Mello, Glover, Demers, Ford, Wagner and Dreyer
CHAPTER 551
AN ACT making an appropriation to the division of state parks of the state department of conservation and natural resources to provide for consulting and contract services and capital improvement projects for the Nevada state park system.
[Approved May 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 division of state parks of the state department of conservation and natural resources the sum of $1,372,500 for the biennium beginning July 1, 1975, and ending June 30, 1977, for the purpose of providing for consulting and contract services necessary for park improvement projects and for making capital improvements to the Nevada state park system.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 406Assemblymen Wagner, Heaney, Vergiels, Weise, Ford and Hayes
CHAPTER 552
AN ACT relating to election precincts; increasing the maximum permissible number of voters therein.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.207 is hereby amended to read as follows:
293.207 Election precincts shall be established on the basis of the [numbers] number of registered voters therein with a maximum [limitation of no more than 400] of 600 voters per precinct.
________
κ1975 Statutes of Nevada, Page 971κ
Assembly Bill No. 462Committee on Judiciary
CHAPTER 553
AN ACT relating to the commitment of alcoholics and drug addicts; permitting alcoholics and drug addicts accused of a crime to elect civil commitment under certain circumstances; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 7, inclusive, of this act.
Sec. 1.5. As used in sections 1.5 to 7, inclusive, of this act, unless the context otherwise requires:
1. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or groups of persons.
2. Drug addict means any person who habitually takes or otherwise uses any controlled substance as defined in chapter 453 of NRS, other than any maintenance dosage of a narcotic or habit-forming drug administered pursuant to chapter 453 of NRS, to the extent that he endangers the health, safety or welfare of himself or any other person or groups of persons.
Sec. 2. Subject to the provisions of sections 1.5 to 7, inclusive, of this act, an alcoholic or a drug addict charged with a crime is eligible to elect treatment under the supervision of a state-approved alcohol or drug treatment facility instead of prosecution unless:
1. The crime is a crime against the person as provided for in chapter 200 of NRS;
2. The crime is that of selling a controlled substance as defined in chapter 453 of NRS;
3. The alcoholic or drug addict has a record of one or more convictions of a crime of violence or of selling a controlled substance as defined in chapter 453 of NRS, or of two or more convictions of any felony;
4. Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;
5. The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to such election; or
6. The alcoholic or drug addict elected and was admitted, pursuant to sections 1.5 to 7, inclusive, of this act, to a treatment program on two prior occasions within any consecutive 2-year period.
Sec. 3. If the court has reason to believe that a person charged with a crime is an alcoholic or drug addict, or the person states that he is an alcoholic or drug addict, and the court finds that he is eligible to make the election provided for in section 2 of this act, the court may advise him that prosecution of the charge shall be postponed if he elects to submit to treatment and is accepted for treatment by a state-approved alcohol or drug treatment facility. In offering such election, the court shall advise him that:
κ1975 Statutes of Nevada, Page 972 (CHAPTER 553, AB 462)κ
1. If he elects to submit to treatment and is accepted, he may be placed under the supervision of the treatment facility for a period not to exceed 3 years;
2. During treatment he may be confined in an institution or, at the discretion of the treatment facility, released for treatment or supervised aftercare in the community;
3. If he satisfactorily completes treatment, as determined by the court, the charge or charges shall be dismissed, but if he does not satisfactorily complete such treatment, prosecution may be resumed;
4. Such election constitutes a formal waiver of the right to a speedy trial.
Sec. 4. 1. If a person elects to accept the treatment offered pursuant to section 3 of this act, the court shall order the approved alcohol or drug treatment facility to conduct an examination of such person to determine whether he is an alcoholic or drug addict and is likely to be rehabilitated through treatment. The treatment facility shall report to the court the results of such examination and recommend whether such person should be placed under supervision for treatment.
2. If the court, acting on the report or other relevant information, determines that such person is not an alcoholic or drug addict, or that he is not likely to be rehabilitated through treatment, he may be held to answer the charge.
3. If the court determines that such person is an alcoholic or drug addict and is likely to be rehabilitated through treatment, the court may defer trial until such time, if any, as resumption of prosecution is authorized pursuant to section 5 of this act, and place such person under the supervision of an approved alcohol or drug treatment facility for treatment for a maximum of 3 years. The court may require such progress reports on the treatment of such person as it deems necessary.
4. No individual may be placed under the supervision of a treatment facility under this section unless the facility accepts him for treatment.
Sec. 5. 1. Whenever a person is placed under the supervision of a treatment facility pursuant to sections 1.5 to 7, inclusive, of this act, the criminal charge against him shall be continued without final disposition and dismissed if the treatment facility certifies to the court that such person has satisfactorily completed the treatment program.
2. If, upon the expiration of the treatment period, the treatment facility has yet to certify that such person has completed his treatment program, the pending criminal proceeding may be resumed. If the court believes that such person will complete his treatment on a voluntary basis, it may, in its discretion, dismiss the criminal charge.
3. If, before the treatment period expires, the treatment facility determines that such person is not likely to benefit from further treatment at such facility, it shall so advise the court. The court shall then:
(a) Arrange for the transfer of such person to a more suitable treatment facility, if any; or
(b) Terminate the supervision and conduct a hearing to determine whether the prosecution should be resumed.
Whenever a criminal proceeding is resumed, time spent in institutional care shall be deducted from any sentence imposed.
κ1975 Statutes of Nevada, Page 973 (CHAPTER 553, AB 462)κ
Sec. 6. The determination of alcoholism or drug addiction and civil commitment pursuant to sections 1.5 to 7, inclusive, of this act shall not be deemed a criminal conviction. The results of any tests or procedures conducted by the treatment facility or supervisory aftercare authority to determine alcohol or drug dependency may be used only in a further proceeding pursuant to sections 1.5 to 7, inclusive, of this act. Such results shall not be used against the person examined in any criminal proceeding.
Sec. 7. The provisions of sections 1.5 to 7, inclusive, of this act shall not require the state or any of its political subdivisions to establish or finance any alcohol or drug treatment facility.
Sec. 8. NRS 436.013 is hereby amended to read as follows:
436.013 1. The administrator shall have the following powers and duties:
(a) To serve as the executive officer of the division.
(b) To make an annual report to the director of the department on the condition and operation of the division, and such other reports as the director may prescribe.
(c) To appoint such administrative personnel as are necessary to operate the state mental hygiene and mental retardation programs, including but not limited to, a clinic director for each mental health center, the institute director for the Nevada mental health institute, the chief of the Las Vegas mental health center and an associate administrator for mental retardation.
(d) To employ, within the limits of available funds in accordance with the provisions of chapter 284 of NRS, such assistants and employees as may be necessary to the efficient operation of the division.
(e) To accept persons referred for treatment pursuant to the provisions of sections 1.5 to 7, inclusive, of this act.
2. The division administrator shall appoint the administrative officers of division facilities and shall delegate to them the power to appoint such medical, technical, clerical and operational staff as are necessary for the operation of their respective division facilities. Such appointments by administrative officers shall be made in accordance with the provisions of chapter 284 of NRS. Each medical director so appointed shall be in the unclassified service and shall be compensated by an annual salary in an amount determined pursuant to the provisions of NRS 284.182. All other physicians so appointed shall be in the classified service and shall be compensated by annual salaries which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of NRS 284.175.
3. If the administrator of the division finds that it is necessary or desirable that any employee reside at a division facility or receive meals at such facility, perquisites granted to such person or charges for services rendered to such persons shall be at the discretion of the governor.
Sec. 9. NRS 453.700 is hereby amended to read as follows:
453.700 1. Any person who believes himself to be a narcotic addict may make application to the division for voluntary submission to treatment maintained under the provisions of NRS 453.660 [.] or sections 1.5 to 7, inclusive, of this act.
2. The division shall adopt rules and regulations relating to the requirements for voluntary submission under this section.
________
κ1975 Statutes of Nevada, Page 974κ
Assembly Bill No. 534Assemblyman Bennett (by request)
CHAPTER 554
AN ACT relating to state aid to the medically indigent; including chiropractic services in medical or remedial care; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 428.210 is hereby amended to read as follows:
428.210 Medical or remedial care means any of the following:
1. Inpatient hospital services consisting of the following items furnished to an inpatient in a hospital:
(a) Bed and board;
(b) Drugs; and
(c) All in-hospital services including anesthesia, nursing services, equipment, supplies, laboratory and radiological services, whether furnished directly by the hospital or by contractual arrangement made by the hospital.
2. Services of a physician rendered to or in behalf of an inpatient in a hospital or nursing home.
3. Skilled nursing-home services consisting of nursing care in a licensed nursing home provided by a registered professional nurse or a licensed practical nurse, which is prescribed by and performed under the general direction of a physician; other medical services related to such skilled nursing care and bed and board in connection with furnishing of such skilled nursing care.
4. Visiting-nurse services consisting of nursing care provided by a registered professional nurse or a licensed practical nurse in the individuals own home under the general direction of a physician and purchased from a public or private nonprofit agency or paid directly to the nurse as the supplier of the service.
5. Drugs prescribed by a physician and provided by a licensed pharmacist for a patient in a nursing home.
6. Outpatient services consisting of the following items furnished to a patient not in a hospital or nursing home, including but not restricted to items furnished in a physicians office, patients home, hospital emergency room or hospital outpatient clinic:
(a) Drugs prescribed by a physician and provided by a licensed pharmacist;
(b) Services of a physician; and
(c) Laboratory, radiological and other ancillary services requested by a physician and deemed essential for adequate medical care.
7. Chiropractors services as outlined in section 1905 of the Social Security Act (42 U.S.C. § 1396 d), as amended from time to time.
8. Other items or services furnished to an individual to preserve health and prolong life, including but not limited to:
(a) Dental services;
(b) Optometric services and glasses; and
(c) Home health services.
________
κ1975 Statutes of Nevada, Page 975κ
Assembly Bill No. 598Committee on Judiciary
CHAPTER 555
AN ACT relating to professional engineers and surveyors; allowing registered professional civil engineers to be used as references for persons applying for registration as land surveyors.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.390 is hereby amended to read as follows:
625.390 1. Application for registration as a professional engineer or land surveyor or for certification as an engineer in training shall:
(a) Be on a form furnished and prescribed by the board;
(b) Contain statements made under oath, showing the applicants education and a detailed summary of his technical experience; and
(c) Contain the names of not less than three:
(1) Registered professional engineers if applying for registration as a professional engineer or engineer-in-training; or
(2) Registered land surveyors or registered professional engineers qualified in the branch of civil engineering if applying for registration as a land surveyor,
who may be residents of this or any other state who have knowledge of the background, character and technical competence of the applicant, but none of whom may be members of the board.
2. The application and registration fee for professional engineers and land surveyors shall be established by the board in an amount not to exceed $50 and shall accompany the application.
3. Should the board deny issuance of a certificate to any applicant, or should an applicant fail to appear for examination, the fee paid shall be retained as an application fee.
4. The board shall charge and collect from each applicant for registration as an engineer-in-training a fee of $10, which shall include the cost of examination and the issuance of a certificate as an engineer-in-training. The registration as an engineer-in-training shall be valid for 8 years, at which time the registration shall expire and be renewed as in the case of any original applicant.
5. A nonresident applying for registration as a professional engineer or land surveyor is subject to the same fees as a resident.
6. The board shall require the biennial renewal of each certificate except as provided in subsection 4 and collect therefor a biennial fee as established by the board, but not to exceed $75.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 976κ
Assembly Bill No. 600Assemblyman Jacobsen
CHAPTER 556
AN ACT making an appropriation from the general fund in the state treasury to the Carson Valley Historical Society for the purpose of aiding in the completion of a bicentennial project; and providing other matters properly relating thereto.
[Approved May 19, 1975]
Whereas, The preservation of the history of an area and its people is the preservation of its culture and its heritage for the enjoyment and enhanced understanding of future generations; and
Whereas, A measure of commitment to historical preservation is a communitys willingness to use its own resources of time, talent and money to preserve its heritage; and
Whereas, The legislature should always encourage local efforts at community betterment, especially when a community has demonstrated its dedication and willingness to proceed on its own; and
Whereas, The Carson Valley Historical Society was founded in 1961 to create awareness of the history of the Carson Valley and since that time has contributed much to the recognition of the history of that region; and
Whereas, This dedicated and industrious group has undertaken the restoration of the Genoa courthouse as a project for the Nevada American bicentennial and already spent $44,000 on that work, much of it raised by the society directly; and
Whereas, It will take another $48,000 to complete this worthwhile and appropriate bicentennial project, a project that will commemorate the history of the state as well as the Carson Valley, and it is therefore deserving of the assistance of all the people of the state through the legislature; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the Carson Valley Historical Society the sum of $10,000 for the purpose of aiding in the completion of the restoration of the Genoa courthouse as a project for the Nevada American bicentennial.
________
κ1975 Statutes of Nevada, Page 977κ
Assembly Bill No. 56Assemblymen Dini, Jacobsen and Howard
CHAPTER 557
AN ACT relating to factory-built housing and manufactured buildings; authorizing local governments to inspect such housing and buildings.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 461.260 is hereby amended to read as follows:
461.260 1. Local enforcement agencies shall enforce and inspect the installation of factory-built housing and manufactured buildings.
2. Local use zone requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements are hereby specifically and entirely reserved to local jurisdictions notwithstanding any other requirement of this chapter.
3. Nothing in this chapter shall be construed to prohibit any appropriate local government authority from examining and approving all plans, applications or building sites.
4. A local government authority may inspect Nevada manufacturers of factory-built housing or manufactured buildings to insure compliance with all provisions of NRS 461.170. Prior to conducting an initial inspection of any such manufacturer, a local government authority shall give 10 days written notice to the director of the department of commerce. Such local government authority need not give notice to the director prior to conducting subsequent inspections of such manufacturer.
________
Assembly Bill No. 101Assemblymen Ford and Hayes
CHAPTER 558
AN ACT relating to real property; providing an optional procedure for enforcing certain assessment liens with respect to condominiums and planned unit residential developments; excepting such liens from the operation of the homestead exemption; prohibiting certain management bodies from bidding on certain property; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 117 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The power of sale conferred in NRS 117.070 shall not be exercised until:
(a) The management body, its agent or attorney has first executed and caused to be recorded with the recorder of the county wherein the condominium is located a notice of default and election to sell the condominium or cause its sale to satisfy the assessment lien; and
κ1975 Statutes of Nevada, Page 978 (CHAPTER 558, AB 101)κ
(b) The condominium owner or his successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement for a period of 60 days computed as prescribed in subsection 2.
2. The 60-day period provided in subsection 1 shall commence on the first day following the day upon which the notice of default and election to sell is recorded as herein provided and a copy of the notice is mailed by certified or registered mail with postage prepaid to the condominium owner or to his successor in interest at his address if such address is known, otherwise to the address of the condominium unit. The notice shall describe the deficiency in payment.
3. The management body, its agent or attorney shall, after expiration of the 60-day period and prior to selling the condominium, give notice of the time and place of the sale in the manner and for a time not less than that required by law for the sale of real property upon execution, except that a copy of the notice of sale shall be mailed on or before the first publication or posting required by NRS 21.130 by certified or registered mail with postage prepaid to the condominium owner or to his successor in interest at his address if such address is known, otherwise to the address of the condominium unit. The sale itself may be made at the office of the management body if the notice so provided, whether the condominium is located within the same county as the office of the management body or not.
4. Every sale made under the provisions of NRS 117.070 vests in the purchaser the title of the condominium owner without equity or right of redemption.
Sec. 2. NRS 117.070 is hereby amended to read as follows:
117.070 1. A reasonable assessment upon any condominium made in accordance with a recorded declaration of restrictions permitted by NRS 117.060 shall be a debt of the owner thereof at the time the assessment is made. The amount of any such assessment plus any other charges thereon, such as interest, costs (including attorneys fees), and penalties, as such may be provided for in the declaration of restrictions, shall be and become a lien upon the condominium assessed when the management body causes to be recorded with the county recorder of the county in which such condominium is located a notice of assessment, which shall state:
(a) The amount of such assessment and such other charges thereon as may be authorized by the declaration of restrictions;
(b) A description of the condominium against which the same has been assessed; and
(c) The name of the record owner thereof.
Such notice shall be signed by an authorized representative of the management body or as otherwise provided in the declaration of restrictions. Upon payment of the assessment and charges in connection with which such notice has been so recorded, or other satisfaction thereof, the management body shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof.
2. Such lien shall be prior to all other liens recorded subsequent to the recordation of the notice of assessment except that the declaration of restrictions may provide for the subordination thereof to any other liens and encumbrances.
κ1975 Statutes of Nevada, Page 979 (CHAPTER 558, AB 101)κ
of restrictions may provide for the subordination thereof to any other liens and encumbrances.
Unless sooner satisfied and released or the enforcement thereof initiated as provided in subsection 3, such lien shall expire and be of no further force or effect 1 year from the date of recordation of the notice of assessment, but the 1-year period may be extended by the management body for not to exceed 1 additional year by recording a written extension thereof.
3. Such lien may be enforced by sale by the management body, its agent or attorney, after failure of the owner to pay such an assessment in accordance with the [terms, such sale to] terms of the declaration of restrictions. The sale shall be conducted in accordance with the provisions of Covenants Nos. 6, 7 and 8 of NRS 107.030, and NRS [107.080 and 107.090, applicable to the exercise of powers of sale in deeds of trust,] 107.090 insofar as they are consistent with the provisions of section 1 of this act, or in any other manner permitted by law. Unless otherwise provided in the declaration of restrictions, the management body, if it is a corporation, cooperative association, partnership or natural person, shall have power to bid in the condominium at foreclosure sale and to hold, lease, mortgage and convey the same.
Sec. 3. NRS 280A.140 is hereby amended to read as follows:
280A.140 1. The ordinance may provide that the city or county may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the ordinance shall not require, as a condition of the approval of a planned unit residential development, that land proposed to be set aside for common open space be dedicated or made available to public use. The ordinance may require that the landowner provide for and establish an organization for the ownership and maintenance of any common open space, and that such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise, without first offering to dedicate such common open space to the city or county.
2. The ordinance may authorize such organization to make reasonable assessments to meet its necessary expenditures for maintaining the common open space in reasonable order and condition in accordance with the plan. The assessments shall be made ratably against the properties within the planned unit residential development that have a right of enjoyment of the common open space. The ordinance may provide for agreement between the organization and the property owners providing:
(a) A reasonable method for notice and levy of the assessment; and
(b) For the subordination of the liens securing such assessment to other liens either generally or specifically described.
Sec. 4. Chapter 280A of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 8, inclusive, of this act.
Sec. 5. An organization established pursuant to NRS 280A.140 for the ownership and maintenance of common open space which receives payments from owners of property within the planned unit residential development for such maintenance shall:
1. Immediately deposit such payments in a separate trust account maintained by it with some bank or recognized depositary in this state.
κ1975 Statutes of Nevada, Page 980 (CHAPTER 558, AB 101)κ
2. Keep records of all such payments deposited therein.
Sec. 6. 1. Any reasonable assessment upon any property within the planned unit residential development levied pursuant to NRS 280A.140 shall be a debt of the owner thereof at the time the assessment is made. The amount of the assessment plus interest, costs including attorney fees and penalties shall be a lien upon the property assessed when the organization causes to be recorded with the county recorder of the county wherein the development is located a notice of assessment which shall state:
(a) The amount of the assessment and interest, costs and penalties;
(b) A description of the property against which the same has been assessed; and
(c) The name of the record owner of the property.
Such notice shall be signed by an authorized representative of the organization or as otherwise agreed. Upon payment or other satisfaction of the assessment and charges, the organization shall cause to be recorded a further notice stating the satisfaction and the release of the lien.
2. Such lien shall be prior to property taxes and assessments recorded subsequent to the recordation of the notice of assessment except where the agreement provides for its subordination to other liens and encumbrances. Unless sooner satisfied and released or its enforcement initiated as provided in section 7 of this act, the lien shall expire and be of no further force or effect 1 year from the date of recordation of the notice of assessment, but the 1-year period may be extended by the organization for not to exceed 1 additional year by recording a written extension thereof.
3. Such lien may be enforced by sale by the organization, its agent or attorney after failure of the owner to pay such assessment in accordance with its terms. Such sale shall be conducted in accordance with the provisions of Covenants Nos. 6, 7 and 8 of NRS 107.030 and 107.090 insofar as they are consistent with the provisions of section 7 of this act, or in any other manner permitted by law. Unless otherwise provided by agreement the organization, if it is a corporation, cooperative association, partnership or natural person, shall have power to bid in the property at foreclosure sale and to hold, lease, mortgage and convey the same.
Sec. 7. 1. The power of sale conferred in section 6 of this act shall not be exercised until:
(a) The organization, its agent or attorney has first executed and caused to be recorded with the recorder of the county wherein the property is located a notice of default and election to sell the property or cause its sale to satisfy the assessment lien; and
(b) The property owner or his successor in interest has failed to pay the amount of the lien including costs, fees and expenses incident to its enforcement for a period of 60 days computed as prescribed in subsection 2.
2. The 60-day period provided in subsection 1 shall commence on the first day following the day upon which the notice of default and election to sell is recorded as herein provided and a copy of the notice is mailed by certified or registered mail with postage prepaid to the property owner or to his successor in interest at his address if such address is known, otherwise to the address of the property. The notice shall describe the deficiency in payment.
κ1975 Statutes of Nevada, Page 981 (CHAPTER 558, AB 101)κ
3. The organization, its agent or attorney shall, after expiration of the 60-day period and prior to selling the property, give notice of the time and place of the sale in the manner and for a time not less than that required by law for the sale of real property upon execution, except that a copy of the notice of sale shall be mailed on or before the first publication or posting required by NRS 21.130 by certified or registered mail with postage prepaid to the property owner or to his successor in interest at his address if such address is known, otherwise to the address of the property. The sale itself may be made at the office of the organization if the notice so provided, whether the property is located within the same county as the office of the organization or not.
4. Every sale made under the provisions of section 6 of this act vests in the purchaser the title of the property owner without equity or right of redemption.
Sec. 8. The procedures for enforcing payment of an assessment for the maintenance of common open space provided in sections 6 and 7 of this act are also available to any organization for the ownership and maintenance of common open space established other than under this chapter and entitled to receive payments from owners of property for such maintenance under a recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude which provides that any reasonable and ratable assessment thereon for the organizations costs of maintaining the common open space constitutes a lien or encumbrance upon the property.
Sec. 9. NRS 115.010 is hereby amended to read as follows:
115.010 The homestead, consisting of a quantity of land, together with the dwelling house thereon and its appurtenances, not exceeding $25,000, to be selected by the husband and wife, or either of them, other head of a family, or other single person claiming the homestead, shall not be subject to forced sale on execution, or any final process from any court, except process to enforce the payment of the purchase money for such premises, or for improvements made thereon, or for legal taxes imposed thereon, or for the payment of: [any]
1. Any mortgage or deed of trust thereon executed and given; or
2. Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude,
by both husband and wife, when that relation exists.
Sec. 10. The amendment made in section 9 of this act is declaratory of the existing law under the proviso in section 30 of article 4 of the constitution of the State of Nevada which embraces all consensual liens affecting homestead property.
Sec. 11. Section 9 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 982κ
Senate Bill No. 586Committee on Judiciary
CHAPTER 559
AN ACT relating to the Uniform Controlled Substances Act; reclassifying and adding specified substances; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Laboratory means a research, teaching or testing laboratory not engaged in the sale of controlled substances but using controlled substances for scientific or teaching purposes.
Sec. 2. NRS 453.161 is hereby amended to read as follows:
453.161 1. The controlled substances listed in this section are included in schedule I.
2. Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(a) Acetylmethadol;
(b) Allylprodine;
(c) Alphacetylmethadol;
(d) Alphameprodine;
(e) Alphamethadol;
(f) Benzethidine;
(g) Betacetylmethadol;
(h) Betameprodine;
(i) Betamethadol
(j) Betaprodine;
(k) Clonitazene;
(l) Dextromoramide;
(m) Dextrorphan;
(n) Diampromide;
(o) Diethylthiambutene;
(p) Dimenoxadol;
(q) Dimepheptanol;
(r) Dimethylthiambutene;
(s) Dioxaphetyl butyrate;
(t) Dipipanone;
(u) Ethylmethylthiambutene;
(v) Etonitazene;
(w) Etoxeridine;
(x) Furethidine;
(y) Hydroxypethidine;
(z) Ketobemidone;
(aa) Levomoramide;
(bb) Levophenacylmorphan;
(cc) Morpheridine;
(dd) Noracymethadol;
κ1975 Statutes of Nevada, Page 983 (CHAPTER 559, SB 586)κ
(ee) Norlevorphanol;
(ff) Normethadone;
(gg) Norpipanone;
(hh) Phenadoxone;
(ii) Phenampromide;
(jj) Phenomorphan;
(kk) Phenoperidine;
(ll) Piritramide;
(mm) Propheptazine;
(nn) Propiram;
(oo) Properidine;
[(oo)] (pp) Racemoramide; or
[(pp)] (qq) Trimeperidine.
3. Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(a) Acetorphine;
(b) Acetyldihydrocodeine;
(c) Benzylmorphine;
(d) Codeine methylbromide;
(e) Codeine-N-Oxide;
(f) Cyprenorphine;
(g) Desomorphine;
(h) Dihydromorphine;
(i) Drotebanol;
(j) Etorphine [;] (except hydrochloride salt);
[(j)] (k) Heroin;
[(k)] (l) Hydromorphinol;
[(l)] (m) Methyldesorphine;
[(m)] (n) Methyldihydromorphine;
[(n)] (o) Morphine methylbromide;
[(o)] (p) Morphine methylsulfonate;
[(p)] (q) Morphine-N-Oxide;
[(q)] (r) Myrophine;
[(r)] (s) Nicocodeine;
[(s)] (t) Nicomorphine;
[(t)] (u) Normorphine;
[(u)] (v) Phoclodine; or
[(v)] (w) Thebacon.
4. Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(a) 2.5 dimethoxyamphetamine;
(b) 3,4-methylenedioxy amphetamine;
[(b)] (c) 5-methoxy-3,4-methylenedioxy amphetamine;
[(c)] (d) 3,4,5-trimethoxy amphetamine;
[(d)] (e) 4-bromo-2,5-dimethoxyamphetamine;
(f) 4-methoxyamphetamine;
κ1975 Statutes of Nevada, Page 984 (CHAPTER 559, SB 586)κ
(g) Bufotenine;
[(e)] (h) Diethyltryptamine;
[(f)] (i) Dimethyltryptamine;
[(g)] (j) 4-methyl-2,5-dimethoxylamphetamine;
[(h)] (k) Ibogaine;
[(i)] (l) Lysergic acid diethylamide;
[(j)] (m) Marihuana;
[(k)] (n) Mescaline;
[(l)] (o) Peyote;
[(m)] (p) N-ethyl-3-piperidyl benzilate;
[(n)] (q) N-methyl-3-piperidyl benzilate;
[(o)] (r) Psilocybin;
[(p)] (s) Psilocyn;
[(q)] (t) Tetrahydrocannabinols.
Sec. 3. NRS 453.171 is hereby amended to read as follows:
453.171 1. The controlled substances listed in this section are included in schedule II.
2. Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(a) Opium and opiate, and any salt, compound, derivative or preparation of opium or opiate.
(b) Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (a), but not including the isoquinoline alkaloids of opium.
(c) Opium poppy and poppy straw.
(d) Coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.
3. Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(a) Alphaprodine;
(b) Anileridine;
(c) Bezitramide;
(d) Dihydrocodeine;
(e) Diphenoxylate;
(f) Etorphine hydrochloride;
(g) Fentanyl;
[(g)] (h) Isomethadone;
[(h)] (i) Levomethorphan;
[(i)] (j) Levorphanol;
[(j)] (k) Metazocine;
[(k)] (l) Methadone;
[(l)] (m) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
κ1975 Statutes of Nevada, Page 985 (CHAPTER 559, SB 586)κ
[(m)] (n) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
[(n)] (o) Pethidine;
[(o)] (p) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenyl-piperidine;
[(p)] (q) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
[(q)] (r) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
[(r)] (s) Phenazocine;
[(s)] (t) Piminodine;
[(t)] (u) Racemethorphan; or
[(u)] (v) Racemorphan.
4. Unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
(a) Amphetamine, its salts, optical isomers and salts of optical isomers;
(b) Phenmetrazine and its salts;
(c) Any substance which contains any quantity of methamphetamine, including its salts, isomers and salts of isomers; or
(d) Methylphenidate.
5. Methaqualone.
6. Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(a) Amobarbital;
(b) Pentobarbital; or
(c) Secobarbital.
Sec. 4. NRS 453.181 is hereby amended to read as follows:
453.181 1. The controlled substances listed in this section are included in schedule III.
2. Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
(a) [Amphetamine, its salts, optical isomers and salts of its optical isomers;
(b) Phenmetrazine and its salts;
(c) Any substance which contains any quantity of methamphetamine, including its salts, isomers and salts of isomers; or
(d) Methylphenidate.] Those compounds, mixtures or preparations in dosage unit form containing any quantities of amphetamine (and its salts, optical isomers or salts of isomers) and which contain any stimulant substances, which compounds, mixtures or preparations are listed as excepted compounds under the Drug Enforcement Administration Regulations of the Department of Justice, and any other drug of the quantitative composition which is the excepted compound except that it contains the lesser quantities of controlled substances;
(b) Benzphetamine;
(c) Chlorphentermine;
κ1975 Statutes of Nevada, Page 986 (CHAPTER 559, SB 586)κ
(d) Clortermine;
(e) Mazindol;
(f) Phendimetrazine;
(g) Any compound, mixture or preparation containing amobarbital, secobarbital, pentobarbital or any salt thereof and one or more other active medicinal ingredients, which is not listed in another schedule or excepted under the Drug Enforcement Administration Regulations of the Department of Justice; or
(h) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs approved by the Food and Drug Administration for marketing only as a suppository, which is not listed in another schedule or excepted under the Drug Enforcement Administration Regulations of the Department of Justice.
3. Unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(a) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules;
(b) Chlorhexadol;
(c) Glutethimide;
(d) Lysergic acid;
(e) Lysergic acid amide;
(f) Methyprylon;
(g) Phencyclidine;
(h) Sulfondiethylmethane;
(i) Sulfonethylmethane; or
(j) Sulfonmethane.
4. Nalorphine.
5. Any material, compound, mixture or preparation containing limited quantities of any of the following narcotic drugs or any salts thereof:
(a) Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(b) Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(c) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
(d) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(e) Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(f) Not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts;
κ1975 Statutes of Nevada, Page 987 (CHAPTER 559, SB 586)κ
(g) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; or
(h) Not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
6. The board may except by rule any compound, mixture or preparation containing any stimulant or depressant substance listed in subsections 2 and 3 from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.
Sec. 5. NRS 453.191 is hereby amended to read as follows:
453.191 1. The controlled substances listed in this section are included in schedule [III.] IV.
2. Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(a) Barbital;
(b) Chloral betaine;
(c) Chloral hydrate;
(d) Ethchlorvynol;
(e) Ethinamate;
(f) [Methaqualone;] Mebutomate;
(g) Methohexital;
(h) Meprobamate;
(i) Methylphenobarbital;
(j) Paraldehyde;
(k) Pemoline;
(l) Petrichloral; or
[(l)] (m) Phenobarbital.
3. Any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers, whenever the existence of such salts, isomers and salts of isomers is possible:
(a) Fenfluramine;
(b) Diethylpropion; or
(c) Phentermine.
4. The board may except by rule any compound, mixture or preparation containing any depressant substance listed in subsection 2 from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
κ1975 Statutes of Nevada, Page 988 (CHAPTER 559, SB 586)κ
Sec. 6. NRS 453.236 is hereby amended to read as follows:
453.236 1. A registration under NRS 453.231 to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the board upon a finding that the registrant has:
(a) Furnished false or fraudulent material information in any application filed under the provisions of NRS 453.011 to 453.551, inclusive;
(b) Been convicted of a violation of any state or federal law relating to any controlled substance [;] or of any felony, or had his registration or license to manufacture, distribute or dispense controlled substances revoked in any state;
(c) Had his federal registration suspended or revoked to manufacture, distribute or dispense controlled substances; [or]
(d) Surrendered or failed to renew his federal registration;
(e) Ceased to be entitled under state law to manufacture, distribute or dispense a controlled substance; or
(f) Failed to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or individual channels.
2. The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
3. If the board suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation orders becoming final, all controlled substances may be forfeited to the state.
4. The board shall promptly notify the bureau and the division of all orders suspending or revoking registration and the division shall promptly notify the bureau and the board of all forfeitures of controlled substances.
5. A registrant shall not employ as his agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person [who has had an application for registration denied or has had his registration revoked or whose registration is under suspension.] whose pharmacists certificate has been suspended or revoked.
Sec. 7. NRS 453.331 is hereby amended to read as follows:
453.331 1. It is unlawful for any person knowingly or intentionally to:
(a) Distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by NRS 453.251;
(b) Use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person;
(c) Falsely assume the title of or represent himself as a registrant or other person authorized to possess controlled substances;
(d) Acquire or obtain or attempt to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, [or] subterfuge [;] , or alteration;
κ1975 Statutes of Nevada, Page 989 (CHAPTER 559, SB 586)κ
[(d)] (e) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under the provisions of NRS 453.011 to 453.551, inclusive, or any record required to be kept by such sections; [or
(e)] (f) Sign the name of a fictitious person or of another person on any prescription for a controlled substance or falsely make, alter, forge, utter, publish or pass, as genuine, any prescription for a controlled substance; or
(g) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
2. Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.
Sec. 8. NRS 453.381 is hereby amended to read as follows:
453.381 1. A physician, [or a] dentist [,] or podiatrist, in good faith and in the course of his professional practice or as directed by the health division of the department or human resources at a certified hospital or at a rehabilitation clinic, may prescribe, administer and dispense controlled substances, or he may cause the same to be administered by a nurse or interne under his direction and supervision.
2. A veterinarian, in good faith and in the course of his professional practice only, and not for use by a human being, may prescribe, administer, and dispense controlled substances, and he may cause them to be administered by an assistant or orderly under his direction and supervision.
3. Any person who has obtained from a physician, denist, podiatrist or veterinarian any controlled substance for administration to a patient during the absence of such physician, dentist, podiatrist or veterinarian shall return to such physician, dentist, podiatrist or veterinarian any unused portion of such substance when it is not longer required by the patient.
________
Senate Bill No. 573Senator Schofield (by request)
CHAPTER 560
AN ACT relating to peace officers; expanding the definition of peace officer to include bailiffs of the lower courts.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court [;] and bailiffs of the district courts, justices courts and municipal courts;
κ1975 Statutes of Nevada, Page 990 (CHAPTER 560, SB 573)κ
2. Sheriffs of counties and of metropolitan police departments and their deputies;
3. Constables;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department;
12. The state fire marshal and his deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy warden, correctional officers and other employees of the Nevada state prison when carrying out any duties prescribed by the warden of the Nevada state prison;
16. Nevada state park system employees designated by the administrator of the Nevada state park system in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;
17. Security officers employed by the board of trustees of any school district;
18. The executive, supervisory and investigative personnel of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140;
19. The director, division chiefs, investigators, agents and other sworn personnel of the department of law enforcement assistance;
20. Field dealer inspectors of the vehicle compliance and enforcement section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048;
21. The personnel of the Nevada department of fish and game when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS; and
22. Security officers of the legislature of the State of Nevada when protecting the persons and property of the members of the legislature, staff of the legislature and personnel of the legislative counsel bureau.
________
κ1975 Statutes of Nevada, Page 991κ
Senate Bill No. 566Committee on Health, Welfare and State Institutions
CHAPTER 561
AN ACT relating to physicians assistants; increasing to two the number of physicians assistants permitted under the supervision of a physician in certain townships; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1 NRS 630.273 is hereby amended to read as follows:
630.273 1. The board may issue a certificate to properly qualified applicants to perform medical services under the supervision of a supervising physician. The application for a certificate as a physicians assistant shall be cosigned by the supervising physician, and the certificate is valid only so long as that supervising physician employs and supervises the physicians assistant.
2. A supervising physician shall not cosign for, employ or supervise more than one physicians assistant at the same time [.] , except that a supervising physician practicing in a township whose population is less than 16,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may supervise not more than two physicians assistants at the same time.
________
Senate Bill No. 553Senators Lamb, Dodge, Blakemore, Gibson, Brown, Monroe, Walker, Raggio and Young
CHAPTER 562
AN ACT authorizing the acquisition of certain land by the division of parks of the state department of conservation and natural resources and the Nevada department of fish and game; and providing other matters properly relating thereto.
[Approved May 19, 1975]
Whereas, The Cleveland Ranch, situated in Spring Valley, White Pine County, Nevada, has appurtenant water rights to more than 200 cold water springs naturally suited to the raising of fish; and
Whereas, By planting grain in scattered areas of the ranch, feed and shelter can be provided for ducks, geese, pheasants, sagehens and many other species of birds, as well as grazing for antelope throughout the year; and
Whereas, The location and natural features of the ranch make it an excellent park site, offering outdoor recreation opportunities such as boating, fishing, hiking, horseback riding and hunting; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The division of state parks of the state department of conservation and natural resources, in cooperation with the Nevada department of fish and game, is authorized, without the necessity of obtaining the concurrence of the interim finance committee, to acquire in the name of the State of Nevada the property known as the Cleveland Ranch, situated in Spring Valley of White Pine County, Nevada.
κ1975 Statutes of Nevada, Page 992 (CHAPTER 562, SB 553)κ
department of fish and game, is authorized, without the necessity of obtaining the concurrence of the interim finance committee, to acquire in the name of the State of Nevada the property known as the Cleveland Ranch, situated in Spring Valley of White Pine County, Nevada. Any moneys available to the Nevada department of fish and game or to the division of state parks from endowments, gifts or grants or from any other federal or local sources may be used for this purpose.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 550Committee on Judiciary
CHAPTER 563
AN ACT relating to the Nevada state prison; providing for community based programs for certain prisoners; enacting the Interstate Corrections Compact; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 16 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The Interstate Corrections Compact, set forth in full in section 3 of this act is hereby enacted into law.
Sec. 3. The Interstate Corrections Compact is as follows:
ARTICLE I — Purpose and Policy
The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
ARTICLE II — Definitions
As used in this compact, unless the context clearly requires otherwise:
(a) State means a state of the United States, the United States of America, a Territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico.
(b) Sending state means a state party to this compact in which conviction or court commitment was had.
κ1975 Statutes of Nevada, Page 993 (CHAPTER 563, SB 550)κ
(c) Receiving state means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.
(d) Inmate means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.
(e) Institution means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates may lawfully be confined.
ARTICLE III — Contracts
(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
(b) The terms and provisions of this compact are a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
ARTICLE IV — Procedures and Rights
(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.
κ1975 Statutes of Nevada, Page 994 (CHAPTER 563, SB 550)κ
and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.
(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
κ1975 Statutes of Nevada, Page 995 (CHAPTER 563, SB 550)κ
his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
ARTICLE V — Acts Not Reviewable in Receiving State; Extradition
(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI — Federal Aid
Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision; provided, that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.
ARTICLE VII — Entry Into Force
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.
ARTICLE VIII — Withdrawal and Termination
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states.
κ1975 Statutes of Nevada, Page 996 (CHAPTER 563, SB 550)κ
to the appropriate officials of all other party states. An actual withdrawal shall not take effect until 1 year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
ARTICLE IX — Other Arrangements Unaffected
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
ARTICLE X — Construction and Severability
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Sec. 4. Any court of this state having power to commit or transfer an inmate, as defined in Article II(d) of the Interstate Corrections Compact, to any institution for confinement may commit or transfer such inmate to any institution within or without this state if this state has entered into a contract or contracts for the confinement of inmates in such institution pursuant to Article III of the Interstate Corrections Compact.
Sec. 5. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact.
Sec. 6. Any state officers who may be charged with holding any hearings contemplated by this compact are hereby authorized and directed to hold such hearings as may be requested by any other party state pursuant to Article IV(f) of the Interstate Corrections Compact.
Sec. 7. Any state officer who may be charged with the disposition or care of an inmate, as defined in Article II(d) of the Interstate Corrections Compact, is hereby empowered to enter into such contracts on behalf of this state as may be appropriate to implement the participation of this state in the Interstate Corrections Compact pursuant to Article III thereof. No such contract shall be of any force or effect until approved by the state board of examiners.
κ1975 Statutes of Nevada, Page 997 (CHAPTER 563, SB 550)κ
Sec. 8. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 17, inclusive, of this act.
Sec. 9. 1. The warden may arrange for the transfer of a prisoner for psychiatric observation, evaluation or stabilization to other appropriate departments or agencies of the state if he has obtained the prior consent of the administrator of the affected department or agency.
2. While the prisoner is in transfer status, his prison sentence shall continue uninterrupted.
3. When, in the judgment of the administrator of the receiving facility to which the prisoner has been transferred, the prisoner has recovered from the condition which occasioned the transfer, the warden shall provide for his return to the prison.
Sec. 10. At the request of a county sheriff or chief of police of a city, the warden may authorize the transfer of a person detained in a local facility to the Nevada state prison for safekeeping. The warden shall determine the cost of the care and custody for such person which shall be borne by the unit of the local government affected.
Sec. 11. The warden may:
1. Establish a system of classification and evaluation to insure the individualized custody, care and training of the prisoners under the prisons jurisdiction.
2. Maintain a comprehensive record of the behavior of each inmate reflecting his accomplishments and progress as well as charges of infractions of regulations, punishments imposed and medical services rendered.
Sec. 12. A prisoner may be taken when necessary for medical evaluation or treatment outside the prison under appropriate security, as determined by the warden.
Sec. 13. The warden may:
1. Establish programs to provide medical, psychological, psychiatric and other appropriate forms of counseling to prisoners within the jurisdiction of the prison, consistent with classification requirements.
2. Establish educational and vocational programs and training directed toward the eventual release of the prisoner to the community as a productive, law-abiding citizen.
Sec. 14. 1. The warden may make available appropriate employment opportunities and work experience for inmates based on the results of a classification evaluation. To the extent possible, equipment, management practices and general procedures should approximate the normal conditions of employment in the community.
2. The prison, through the warden and with the approval of the board, may make contractual arrangements for the use of a prisoners labor by other units of government or for purposes of on-the-job training when evidence is available that such employment will contribute to the process of preparing the prisoner for lawful and productive community living.
3. Prisoners may be compensated at rates fixed by the warden and approved by the board for work performed.
4. The warden may grant the prisoner the privilege of leaving the prison during necessary and reasonable hours to be interviewed by prospective employers and for the purposes set forth in subsections 1 and 2.
κ1975 Statutes of Nevada, Page 998 (CHAPTER 563, SB 550)κ
5. The warden may establish administrative and fiscal procedures to permit the use of approved regional or community institutions for the placement of prisoners approved for the purposes set forth in subsections 1 and 2.
Sec. 15. The warden, with the approval of the board, may allow prisoners to respond to family emergencies and to participate in certain educational, civic and charitable programs in and deemed beneficial to the community in accordance with classification standards and appropriate security measures.
Sec. 16. Any prisoner participating in work or educational release programs or in any other classification assignment under the provisions of this chapter, other than parole, shall:
1. Continue to be in the legal custody of the warden during the prisoners absence from the prison.
2. Be considered within the confines of the prison for these purposes, and shall be subject to all provisions of law pertaining to his confinement, regardless of the location of his assignment.
Sec. 17. The warden may, with the approval of the board, establish community based and oriented facilities which may provide live-in accommodations for prisoners who are assisted in obtaining regular employment, enrolling in academic courses, participating in vocational training programs, utilizing community resources in meeting their personal and family needs and participating in whatever other approved programs may exist within the community.
Sec. 18. (Deleted by amendment.)
Sec. 19. (Deleted by amendment.)
Sec. 20. NRS 209.010 is hereby amended to read as follows:
209.010 As used in this chapter:
1. Board means the board of state prison commissioners as defined by section 21 of article 5 of the constitution of Nevada.
2. Classification means the initial and continuous process of individual case evaluation with the objectives being the determination of the custody and program needs of the individual prisoner.
3. Program means the formal assignment of the prisoner to housing, work, vocational, educational or counseling activities, and placement in other such assignments as determined by a classification process involving the assessment of the prisoners individual records.
[2.] 4. Warden means the warden of the Nevada state prison.
Sec. 21. NRS 209.350 is hereby amended to read as follows:
209.350 1. The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison.
2. The board, except as otherwise provided in [NRS 209.483 to 209.497, inclusive,] this chapter, shall have the exclusive control of the employment of the prisoners and may employ them in such manner as will best serve the interest of the state and the welfare of the prisoners.
3. The board, except as provided in [NRS 209.483 to 209.497, inclusive,] this chapter, shall not permit the employment of any prisoner on any other than public work of general advantage to the state, its municipal corporations and political subdivisions.
κ1975 Statutes of Nevada, Page 999 (CHAPTER 563, SB 550)κ
on any other than public work of general advantage to the state, its municipal corporations and political subdivisions. Such work includes, but is not limited to:
(a) Roadwork;
(b) Construction and reconstruction work at the state prison and the prison farm under the supervision of the state public works board;
(c) Work on the prison farm or any state property;
(d) The manufacture of license plates and highway signs;
(e) Work in state parks;
(f) Reforestation of state and federal lands;
(g) Work on fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, and flood relief; and
(h) Work in any industry adopted by the department of general services for the general employment of inmates in whole or in part, if such industry is for the benefit of the state, and not for the benefit of any prisoner.
4. The board may compensate prisoners for labor supplied.
5. On the application of any prisoner whose conduct has been within prison rules and regulations, the warden may permit the prisoner to employ his own time in the manufacture of goods and materials in the prison hobby-craft program. Such goods and materials when fabricated shall be sold by the state on behalf of the prisoner but shall not enter into competition with any free labor or any manufacturers in the State of Nevada.
6. The purpose of this section is to prevent competition of prisoners with free labor and industry in the State of Nevada, except where such labor and industry inures to the direct benefit of the State of Nevada.
Sec. 22. NRS 209.145, 209.260, 209.270, 209.410, 209.420, 209.430, 209.440, 209.450, 209.460 and 209.470 are hereby repealed.
________
Assembly Bill No. 473Committee on Commerce
CHAPTER 564
AN ACT relating to the Unemployment Compensation Law; providing for changes based on recommendations made by the employment security council; repealing NRS 612.370, relating to protection of the unemployment compensation fund and reduction of benefit amounts; providing penalties; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 612.375 is hereby amended to read as follows:
612.375 An unemployed individual is eligible to receive benefits with respect to any week only if the executive director finds that:
κ1975 Statutes of Nevada, Page 1000 (CHAPTER 564, AB 473)κ
1. He has registered for work at, and thereafter has continued to report at, an office of the employment security department in such manner as the executive director may prescribe, except that the executive director may by regulation waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or inconsistent with the purposes of this chapter.
2. He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.
3. He is able to work, and is available for work; but no claimant shall be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this subsection if such failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable prior to the beginning of such illness and disability. No otherwise eligible individual shall be denied benefits for any week in which he is engaged in training approved by the executive director by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.
4. He has within his base period been paid wages from employers equal to [33 times his weekly benefit amount;] or exceeding one and one-half times his total wages for employment by employers during the quarter of his base period in which such total wages were highest; but if an individual fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount shall be $1 less than one twenty-fifth of his high-quarter wages; but no individual may receive benefits in a benefit year unless, subsequent to the beginning of the next-preceding benefit year during which he received benefits, he performed service, whether or not in employment as defined in this chapter and earned remuneration for such service in an amount equal to not less than three times his basic weekly benefit amount as determined for such next-preceding benefit year.
Sec. 2. NRS 612.380 is hereby amended to read as follows:
612.380 An individual shall be disqualified for benefits for the week in which he has filed a claim for benefits, if he has left his most recent work, or the work immediately preceding his most recent work, [if the most recent work was not employment covered pursuant to the provisions of this chapter,] if he has not earned at least five times his weekly benefit amount following the work immediately preceding his most recent work, voluntarily without good cause, if so found by the executive director, and for not more than 15 consecutive weeks thereafter, occurring within the current benefit year, or within the current and following benefit year, as determined by the executive director according to the circumstances in each case. The total benefit amount, during his current benefit year, shall be reduced by an amount equal to the number of weeks for which he is disqualified multiplied by his weekly benefit amount, provided no benefit amount shall be reduced by more than one-half the amount to which such individual is otherwise entitled.
κ1975 Statutes of Nevada, Page 1001 (CHAPTER 564, AB 473)κ
which he is disqualified multiplied by his weekly benefit amount, provided no benefit amount shall be reduced by more than one-half the amount to which such individual is otherwise entitled.
Sec. 3. NRS 612.385 is hereby amended to read as follows:
612.385 An individual shall be disqualified for benefits for the week in which he has filed a claim for benefits, if he has been discharged by his most recent employing unit, or by his next most recent employing unit if [his most recent work was not employment covered pursuant to the provisions of this chapter,] he has not earned at least five times his weekly benefit amount following the work immediately preceding his most recent work, for misconduct connected with his work, if so found by the executive director, and for not more than 15 consecutive weeks thereafter occurring within the current benefit year, or within the current and following benefit year, as determined by the executive director in each case according to the seriousness of the misconduct. The total benefit amount, during his current benefit year, shall be reduced by an amount equal to the number of weeks for which he is disqualified multiplied by his weekly benefit amount, provided no benefit amount shall be reduced by more than one-half the amount to which such individual is otherwise entitled.
Sec. 3.5. NRS 612.475 is hereby amended to read as follows:
612.475 1. The most recent employing unit of any unemployed claimant shall be notified of the first claim filed by the unemployed claimant following his separation.
2. The notice of claim filing shall contain the claimants name and social security account number and may contain the reason for separation as given by the claimant, the date of separation, and such other information as is deemed proper.
3. Upon receipt of a notice of claim filing the employing unit by whom the claimant was last employed shall within 10 days of the date of mailing of the notice of claim filing submit to the employment security department any facts which may affect the individuals rights to benefits.
4. Any employing unit that receives such a notice of claim filing shall be permitted to protest payment of benefits to the unemployed claimant, provided such protest is filed within 10 days of the notice of claim filing.
5. Any employing unit which has filed a protest in accordance with the provisions of this section shall be notified in writing of the determination arrived at by the executive director or his deputy and such notice shall contain a statement setting forth the right of appeal.
[6. Any base period employer who is notified under the provisions of NRS 612.460 that a claimant is an insured worker, and any employing unit which receives a notice of claim filing under the provisions of this section, shall within 10 days of the mailing of such notice, or, if both notices are mailed to any employing unit, within 10 days of the date of mailing of the earlier of such notices, submit to the employment security department any facts disclosing whether the claimant separated from his employment voluntarily and without good cause or was discharged from such employment for misconduct in connection with such employment. The employment security department shall consider such facts together with any information in its possession and promptly issue its ruling to the employer as to the cause of the termination of the employment of the claimant.
κ1975 Statutes of Nevada, Page 1002 (CHAPTER 564, AB 473)κ
as to the cause of the termination of the employment of the claimant. Appeals may be taken from such rulings in the manner provided for appeals taken from determinations on benefit claims.
7. No ruling given a base period employer under the provisions of this section may constitute a basis for the disqualification of any claimant, but a determination by the employment security department under the provisions of this section may constitute a ruling.]
Sec. 4. NRS 612.540 is hereby amended to read as follows:
612.540 The standard rate of contributions shall be [2.7] 3 percent of wages paid by each employer during the calendar year with respect to employment. [Each employer who is or becomes subject to the law before the first day of the first calendar quarter after February 25, 1965, shall pay contributions at a rate of 2.7 percent until such time as he qualifies for a rate under NRS 612.550.] Each employer who becomes subject to the law on or after the first day of the first calendar quarter after February 25, 1965, shall pay contributions at a rate of 3 percent until such time as he is eligible for a rate under NRS 612.550.
Sec. 5. NRS 612.545 is hereby amended to read as follows:
612.545 1. For the purposes of NRS 612.535 and 612.540:
(a) Beginning on the first day of the first calendar quarter after February 25, 1965, wages do not include that part of remuneration which, after remuneration equal to $3,800 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.
(b) Beginning on the first day of the first calendar quarter after December 31, 1971, wages to not include that part of remuneration which, after remuneration equal to $4,200 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.
(c) Beginning on the first day of the first calendar quarter after June 30, 1975, wages do not include that part of remuneration paid with respect to employment to an individual by an employer during any calendar year which exceeds 66 2/3 percent of the average annual wage, rounded to the nearest hundred dollars, for the preceding calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter. The average annual wage shall be computed as follows: On or before July 1, commencing with 1974, the total wages reported for the preceding calendar year by employers subject to the provisions of this chapter shall be divided by the average of the 12 mid-month totals of all workers in employment for employers as reported in such year.
2. For the purposes of this section any employer who acquired the entire or a distinct and severable portion of the organization, trade or business or substantially all of the assets of an employer shall be treated as a single unit with its predecessor for the calendar year in which such acquisition occurs.
κ1975 Statutes of Nevada, Page 1003 (CHAPTER 564, AB 473)κ
business or substantially all of the assets of an employer shall be treated as a single unit with its predecessor for the calendar year in which such acquisition occurs.
Sec. 6. NRS 612.550 is hereby amended to read as follows:
612.550 1. As used in this section:
(a) Average actual duration means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.
(b) Average annual payroll for each calendar year means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers shall be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
(c) Beneficiary means an individual who has received a first payment.
(d) Computation date for each calendar year means June 30 of the preceding calendar year.
(e) Covered worker means an individual who has worked in employment subject to this chapter.
(f) First payment means the first weekly unemployment insurance benefit paid to an individual in his benefit year.
(g) Reserve balance means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.
(h) Reserve ratio means the percentage ratio that the reserve balance bears to the average annual payroll.
(i) Total contributions paid means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.
(j) Unemployment risk ratio means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the employment security department records for the same 12-month period.
2. The executive director shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him for each calendar year in order to reflect such experience and classification.
No employers contribution rate shall be reduced below [2.7] 3 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than [2.7] 3 percent if his account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.
κ1975 Statutes of Nevada, Page 1004 (CHAPTER 564, AB 473)κ
may qualify for a rate less than [2.7] 3 percent if his account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.
3. Any employer who qualifies under subsection 9 and receives the experience record of a predecessor employer shall be assigned the contribution rate of such predecessor.
4. Benefits paid to an individual up to and including the computation date shall be charged against the experience rating records of his base period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers, but:
(a) No benefits paid to a multistate claimant based upon entitlement to benefits in more than one state shall be charged to any employers experience rating record when no benefits would have been payable except for NRS 612.295.
(b) [If a ruling is issued to a base period employer under the provisions of NRS 612.475 that a claimant left his employment with such employer, voluntarily and without good cause, or was discharged because of misconduct in connection with such employment, benefits paid to the claimant subsequent to such termination of employment due to voluntary leaving or discharge, which are based upon wages paid by such employer in the claimants base period prior to the date of such termination, and which would otherwise be charged to the experience rating record of such employer, as provided in this section, shall not be charged unless such employer failed to comply with the provisions of NRS 612.475.
(c)] Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to an individual shall not be charged against the accounts of his base period employers.
5. The executive director shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify such employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year shall be determined by the range within which his reserve ratio falls.
The executive director shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which shall be assigned the various contribution rates provided in subsection 6 of this section. The lowest contribution rate shall be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate shall be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges shall be uniform.
6. Each employer eligible for a contribution rate based upon experience and classified in accordance with this section shall be assigned a contribution rate by the executive director for each calendar year according to the following classes:
Class 1............................................................................................ 0.6 percent
Class 2............................................................................ 0.9 percent Class 3 1.2 percent
κ1975 Statutes of Nevada, Page 1005 (CHAPTER 564, AB 473)κ
Class 3............................................................................................ 1.2 percent
Class 4............................................................................................ 1.5 percent
Class 5............................................................................................ 1.8 percent
Class 6............................................................................................ 2.1 percent
Class 7............................................................................................ 2.4 percent
Class 8............................................................................................ 2.7 percent
Class 9.......................................................................................... 3.0 percent
7. The executive director shall assign contribution rates less than 3 percent for the third and fourth quarters of calendar year 1975 as nearly as may be in accordance with the provisions of subsections 1 to 6, inclusive, of this section. On November 30, 1975, and on November 30 of each year thereafter, the executive director shall determine:
(a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date;
(b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the employment security department records for the 12 months ending on the computation date;
(c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and
(d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on November 30. [Contribution rates less than 2.7 percent shall not be assigned if] If the executive director finds on November 30 preceding any such year that the balance in the unemployment compensation fund is less than the potential maximum annual benefits payable [.] , a 0.5 percent solvency assessment shall be added to the contribution rate of each class described in subsection 6 and to the contribution rate of the employers described in NRS 612.540.
8. The executive director shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for such calendar year, for each employer whose account is in active status on the records of the employment security department on January 1 of each year and whose account is chargeable with benefit payments on the computation date of such year.
9. The executive director shall, by regulation, prescribe the conditions for a transfer of the experience record of an employer to an employer who has acquired the entire or a severable part of the organization, trade or business or substantially all of the assets thereof.
10. Whenever an employer has paid no wages in employment for a period of 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the executive director shall terminate his experience rating account, and such account shall not thereafter be used in any rate computation.
κ1975 Statutes of Nevada, Page 1006 (CHAPTER 564, AB 473)κ
11. The executive director shall have the power to adopt reasonable accounting methods to account for those employers which are in a reimbursement in lieu of contributions category.
Sec. 7. Chapter 612 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. If the executive director finds that any employer or any employee, officer or agent of any employer has willfully made a false statement or representation or has willfully failed to report a material fact concerning the termination of a claimants employment, he shall make a determination thereon, charging the employers reserve account not less than two nor more than sixteen times the weekly benefit amount of such claimant. The executive director shall give notice to the employer of a determination under this section. Appeals may be taken from the determination in the same manner as appeals from determinations on benefit claims.
Sec. 9. Notwithstanding any other provisions of this chapter, an individual who has been discharged for commission of assault, arson in any degree, sabotage, grand larceny, embezzlement or wanton destruction of property in connection with his work shall be denied benefits based on wages earned from the employer concerned, provided such assault, arson in any degree, sabotage, grand larceny, embezzlement or wanton destruction of property is admitted in writing or under oath or in a hearing or record by such individual or has resulted in a conviction in a court of competent jurisdiction.
Sec. 10. NRS 612.370 is hereby repealed.
________
Assembly Bill No. 148Committee on Health and Welfare
CHAPTER 565
AN ACT relating to public welfare; substituting provisions relating to the federal supplemental security income program for provisions on aid to the blind and old-age assistance; providing powers and duties of the welfare division of the department of human resources with respect to state supplementary assistance and services to the aged, blind or disabled; transferring certain powers from the welfare division to the bureau of services to the blind in the rehabilitation division in the department of human resources; revising provisions on financial responsibility of relatives; providing penalties; and providing other matters properly relating thereto.
[Approved May 19, 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. As used in this chapter, services to the aged, blind or disabled means services provided to aged, blind or disabled persons who are applicants for or recipients of benefits under the supplemental security income program, including state supplementary assistance, or who are otherwise eligible for such services, pursuant to Title XX of the Social Security Act, as amended from time to time, and the regulations of the welfare division.
κ1975 Statutes of Nevada, Page 1007 (CHAPTER 565, AB 148)κ
otherwise eligible for such services, pursuant to Title XX of the Social Security Act, as amended from time to time, and the regulations of the welfare division.
Sec. 3. As used in this chapter, supplemental security income program means the program established for aged, blind or disabled persons pursuant to Title XVI of the Social Security Act (42 U.S.C. § 1381 et seq.), as amended from time to time.
Sec. 4. NRS 422.050 is hereby amended to read as follows:
422.050 For the purposes of this chapter, public assistance includes: [old-age assistance and aid]
1. State supplementary assistance provided in connection with the supplemental security income program;
2. Services to the aged, blind or disabled; and
3. Aid to dependent children.
Sec. 5. NRS 422.270 is hereby amended to read as follows:
422.270 1. The department shall:
(a) Administer all public welfare programs of this state, including: [old-age assistance, blind assistance, aid to dependent children, general assistance, child welfare services, and such]
(1) State supplementary assistance provided in connection with the supplemental security income program;
(2) Aid to dependent children;
(3) Child welfare services;
(4) Services to the aged, blind or disabled; and
(5) Such other welfare activities and services as now are or hereafter may be authorized or provided for by the laws of this state.
(b) Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state to aid in the furtherance of any services and activities as set forth in paragraph (a).
(c) Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of such methods of administration as may be found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious utilization of new federal grants which will assist the department to fulfill the terms of this chapter.
2. The department through the welfare division shall:
(a) Make rules and regulations for the administration of this chapter which shall be binding upon all recipients and local units.
(b) Monitor, explore and research the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting such needs, employing or contracting for such personnel and services as may be provided through legislative appropriations from the general fund or may become available through legislatively authorized or new funds from federal or other sources.
(c) Make all investigations required by a court in adoption proceedings as provided by law.
(d) Establish reasonable minimum standards and regulations for foster homes, and shall license the same as provided by law.
κ1975 Statutes of Nevada, Page 1008 (CHAPTER 565, AB 148)κ
(e) Provide services and care to children, shall receive any child for placement, and shall provide for their care directly or through agents.
(f) Have the power to enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care.
(g) Make such agreements with the Federal Government as may be necessary in the implementation of the supplemental security income program.
Sec. 6. NRS 422.310 is hereby amended to read as follows:
422.310 1. [The husband, wife, father, mother, and children of an applicant for or recipient of public assistance, if of sufficient financial ability so to do, are liable for the support of such applicant or recipient.] Spouse for spouse and parents for minor children are liable for the support of an applicant for or recipient of public assistance.
2. The welfare division shall investigate the ability of responsible relatives to contribute to the support of an applicant for or recipient of public assistance and shall determine the amount of such support for which such relative is responsible.
[3. In determining the amount of support for which such relative is responsible, his financial circumstances shall be given due consideration.
4. A married daughter of the applicant shall not be required to make contributions unless she has income constituting her separate property.]
Sec. 7. NRS 425.130 is hereby amended to read as follows:
425.130 No assistance will be furnished any individual under this chapter with respect to any period with respect to which he is receiving [old-age assistance, aid to the blind or aid to the permanently and totally disabled, from this state or any other state,] supplemental security income pursuant to Title XVI of the Social Security Act (42 U.S.C. § 1381 et seq.), or with respect to any period with respect to which he is receiving aid to dependent children from any other state.
Sec. 8. NRS 426.550 is hereby amended to read as follows:
426.550 1. The bureau shall be headed by a chief who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of chief.
2. [The chief shall be directly responsible to the administrator.
3.] The bureau shall:
(a) Assist blind persons in achieving physical and psychological orientation, inform blind persons of available services, stimulate and assist the blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.
(b) Provide intensive programs of case finding, education, training, job findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting and socially independent.
3. The bureau may:
(a) Provide for treatment or operations to prevent blindness or restore vision to applicants for or recipients of services to the blind who request and make written application for such treatment or operation; and
(b) Pay for all necessary expenses incurred in connection with the diagnosis and treatment provided under paragraph (a). Necessary expenses shall include the costs of guide service, maintenance while the patient is away from his home, transportation to the eye physician or hospital and return to his home, and the cost of nursing home care when such care is necessary.
κ1975 Statutes of Nevada, Page 1009 (CHAPTER 565, AB 148)κ
away from his home, transportation to the eye physician or hospital and return to his home, and the cost of nursing home care when such care is necessary.
Sec. 9. NRS 426.800 is hereby amended to read as follows:
426.800 1. Whoever knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, [assistance] services to which he is not entitled, or [assistance] services greater than [that] those to which he is entitled, with the intent to defeat the purposes of this chapter, is guilty of a gross misdemeanor.
2. For the purposes of subsection 1, whenever a recipient of [assistance] services under the provisions of this chapter receives an overpayment [or benefits] for the third time and such overpayments have resulted from a false statement or representation by such recipient or from the failure of the recipient to notify the [welfare] bureau of services to the blind in the rehabilitation division of the department of human resources of a change in his circumstances which would affect the amount of [assistance] services such recipient receives, a rebuttable presumption arises that such payment was fraudulently received.
Sec. 10. Chapter 427 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No individual receiving assistance under this chapter is eligible to receive payments for aid to dependent children during the time he is receiving assistance under this chapter.
Sec. 11. NRS 427.020 is hereby amended to read as follows:
427.020 As used in this chapter:
1. Aged, blind or disabled person means a person who is 65 years of age or older, or is blind as determined under 42 U.S.C. § 1382c(a)(2), or is disabled as determined under 42 U.S.C. § 1382c(a)(3).
2. Applicant means any person who has applied for assistance under this chapter.
[2.] 3. Assistance means [money payments or medical care to or in behalf of or any type of remedial care in behalf of, needy aged persons who are 65 years of age or older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual:
(a) Who is a patient in an institution for tuberculosis or mental diseases; or
(b) Who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as the result thereof.] state supplementary assistance provided in connection with the supplemental security income program.
[3.] 4. Director means the director of the department of human resources.
[4.] 5. Recipient means any person who has received and is still receiving assistance.
[5.] 6. Social Security Act means the Act of Congress approved August 14, 1935, and compiled as Title 42, United States Code § 301, and certain sections following that section, as amended.
[6.] 7. State board means the state welfare board.
κ1975 Statutes of Nevada, Page 1010 (CHAPTER 565, AB 148)κ
8. Supplemental security income program means the program established for aged, blind or disabled persons pursuant to Title XVI of the Social Security Act (42 U.S.C. § 1381 et seq.), as amended from time to time.
[7.] 9. Welfare division means the welfare division of the department of human resources.
Sec. 12. NRS 427.070 is hereby amended to read as follows:
427.070 1. No person shall make any charge or receive any fees for assisting or representing an applicant for or recipient of [old-age] assistance under this chapter. The district attorneys of the respective counties of this state shall furnish them such [assistance,] help, not inconsistent with their duties as district attorneys, as such applicants and recipients may require without additional compensation therefor.
2. No fee or charge shall be made by any state, county, township or city officer of this state for administering oaths or certifying or acknowledging any paper or copies for assistance under this chapter or for United States pensioners or applicants for compensation in any matter pertaining to their assistance, pensions or compensation.
Sec. 13. NRS 427.090 is hereby amended to read as follows:
427.090 The department of human resources, through the welfare division, shall:
1. Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this chapter.
2. Establish minimum standards for personnel employed by the welfare division in the administration of this chapter, and make necessary rules and regulations to maintain such standards.
3. [Mail checks received by it from the state controller under the provisions of this chapter through the facilities of the state central mailing system to the recipient entitled thereto at his last-known post office address with proper safeguard to assure that the recipient or his legal representative actually receives the same.
4.] Cooperate with the Federal Government in matters of mutual concern pertaining to [assistance to the needy aged, including the adoption of such methods of administration as are found by the Federal Government to be necessary for the efficient operation of the plan for such assistance.
5.] the supplemental security income program.
4. Make such reports in such form and containing such information as the Federal Government may from time to time require, and comply with such provisions as the Federal Government may from time to time find necessary to assure the correctness and verification of such reports.
Sec. 14. NRS 427.110 is hereby amended to read as follows:
427.110 1. [Until December 31, 1973, the amount of assistance for any old-age assistance 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.
κ1975 Statutes of Nevada, Page 1011 (CHAPTER 565, AB 148)κ
2. Beginning on January 1, 1974, the] The amount of assistance for any [old-age assistance recipient] person who qualifies because he is 65 years of age or older shall be determined in accordance with the rules and regulations made by the welfare division pursuant to [section 1616 of the Social Security Act as amended by section 301 of P.L. 92-603, October 30, 1972,] 42 U.S.C. § 1382e, relating to optional state supplementation. At no time shall the individual supplemental amount for eligible aged individuals covered by the program exceed the individual supplemental amount authorized by the legislature. If federal funds are withdrawn from the program at any time, for any reason, the expenditures for all eligible aged recipients currently covered by the program shall not exceed the State of Nevadas supplemental amount as authorized by the legislature.
2. Subject to the provisions of subsection 3, the amount of assistance for any person who qualifies because he is blind shall be determined in accordance with the rules and regulations made by the welfare division pursuant to 42 U.S.C. § 1382e, relating to optional state supplementation. At no time shall the individual supplemental amount for eligible blind individuals covered by the program exceed the individual supplemental amount authorized by the legislature. If federal funds are withdrawn from the program at any time, for any reason, the expenditure for all eligible blind recipients currently covered by the program shall not exceed the State of Nevadas supplemental amount as authorized by the legislature.
3. An eligible blind person is entitled to receive, as aid from the state for his personal needs and shelter, a monthly allowance of at least $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.
Sec. 15. NRS 427.160 is hereby amended to read as follows:
427.160 1. The state welfare administrator shall furnish to the state controller a full, true and correct list of recipients in this state entitled to [such] assistance [,] under this chapter, and of the monthly amount to be paid to or on behalf of each of them. [from federal and state funds.] The list shall be certified by the state welfare administrator 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 or on behalf of each such recipient in the amount to which he is entitled, upon and pursuant to the certified list, and the state treasurer shall pay the same. Every such warrant shall be for the total amount [of federal and state funds] to which each recipient is entitled under the provisions of this chapter.
Sec. 16. NRS 427.190 is hereby amended to read as follows:
427.190 If in the future the Congress of the United States shall pass any law or laws that have the effect of liberalizing the participation of the Federal Government in the [Nevada Old-Age Assistance Act, either as to the reduction of the age of eligibility for assistance or otherwise,] supplemental security income program, the director is authorized and empowered to accept the increased benefits of such congressional legislation, insofar as such acceptance may be legally delegated by the legislature to the director.
κ1975 Statutes of Nevada, Page 1012 (CHAPTER 565, AB 148)κ
empowered to accept the increased benefits of such congressional legislation, insofar as such acceptance may be legally delegated by the legislature to the director.
Sec. 17. NRS 427.200 is hereby amended to read as follows:
427.200 Assistance shall be granted under this chapter to any person who, [has all of the following qualifications combined] at the time of receiving assistance, [:
1. Is 65 years of age or older; but if the Congress of the United States shall enact any law reducing the age of eligibility for old-age assistance, such reduced age limit shall be the age limit under this chapter.
2. Is a resident of the State of Nevada who has actually resided in this state for a period of 5 years or more during the 9 years immediately preceding the making of the application for such assistance, the last 1 year of which shall have been continuous and immediately preceding the making of such application.
3. Is in need of financial or other assistance as provided for in this chapter and has not sufficient income from all other available sources to provide a reasonable subsistence compatible with decency, health and needs as provided for in this chapter.
4. Is not an inmate of a public institution except as a patient in a public medical institution, and who is not a patient in any institution for tuberculosis or for mental diseases or has been diagnosed as having tuberculosis or psychosis and is not a patient in any medical institution as a result thereof.
5. Has not, at any time within 3 years immediately prior to the filing of the application for assistance pursuant to the terms of this chapter made any deed, conveyance, bill of sale, assignment or other transfer of property so as to render himself eligible for such assistance under this chapter. If such a transfer of property has been made, a rebuttable presumption arises against the applicant to the effect that the transfer was not made in good faith but in order to render the applicant eligible for assistance.] qualifies under Title XVI of the Social Security Act (42 U.S.C. § 1381 et seq.), relating to supplemental security income, as aged, blind or disabled and is entitled to state supplementation under NRS 427.110.
Sec. 18. NRS 427.280 is hereby amended to read as follows:
427.280 1. It is unlawful for any person knowingly to obtain, or attempt to obtain, or aid or abet any person to obtain, by means of a willfully false statement or representation or by impersonation or other fraudulent device, assistance to which he is not entitled or assistance greater than that to which he is justly entitled.
2. [It is unlawful for any recipient to dispose of his property without the consent of the welfare division and with the intent to defeat the purposes of this chapter.
3. It is unlawful for any person to aid or abet in buying or in any way disposing of the property, either personal or real, of a recipient of assistance without the consent of the welfare division and with the intent to defeat the purposes of this chapter.
4.] Any person violating the provisions of subsection 1 [shall be] is guilty of a gross misdemeanor. [, and any person violating any of the other provisions of this section shall be guilty of a misdemeanor.] In assessing the penalty the court shall take into consideration, among other factors, the amount of money fraudulently received.
κ1975 Statutes of Nevada, Page 1013 (CHAPTER 565, AB 148)κ
assessing the penalty the court shall take into consideration, among other factors, the amount of money fraudulently received.
Sec. 19. NRS 428.270 is hereby amended to read as follows:
428.270 1. State aid to the medically indigent shall be in effect in all of the counties of the state for individuals specified in subsection 2.
2. [Until December 31, 1973, any individual is eligible for assistance who:
(a) Qualified for aid or service under chapters 425, 426 or 427 of NRS, including individuals over 65 years of age in state tuberculosis or mental institutions; or
(b) Would qualify under such chapters except for duration of residence, lien requirements or responsible relative requirements; or
(c) Would qualify for aid or service as totally disabled, pursuant to Title XIV of the Social Security Act (42 U.S.C. §§ 1351-1355), if such a program were in effect in this state; or
(d) Is under the age of 21 years, medically indigent, not eligible for assistance under chapter 425 of NRS, and who belongs to a group classification which the board has determined can benefit by medical or remedial care.
3. Beginning on January 1, 1974, any] Any individual is eligible for assistance who:
(a) [Qualified for aid or service under chapter 425 of NRS and, as the welfare division by regulation may provide:
(1) Qualified under Title XVI of the Social Security Act as amended by section 301 of P.L. 92-603, October 30, 1972, relating to supplemental security income for the aged, blind and disabled, including individuals over 65 years of age in state tuberculosis or mental institutions; or
(2) Qualified under the standard for medical assistance in effect in this state on January 1, 1972, pursuant to section 209 of P.L. 92-603; or
(b)] Qualifies for assistance under chapter 425 of NRS or 42 U.S.C. § 1396a(e);
(b) Qualifies under Title XVI of the Social Security Act (42 U.S.C. § 1381 et seq.), 42 U.S.C. § 1396a(a)(10)(A) or section 231 of P.L. 93-66, as amended, relating to the aged, blind or disabled, including individuals 65 years of age or older in state tuberculosis or mental institutions; or
(c) Is under the age of 21 years, medically indigent, not eligible for assistance under chapter 425 of NRS, and belongs to a group classification which the board has determined can benefit by medical or remedial care.
Sec. 20. NRS 483.800 is hereby amended to read as follows:
483.800 1. The following sources shall submit, within 30 days of learning such information, to the department of motor vehicles the name, address, birth date, social security number, visual acuity and any other information which may be required by regulation of the department, of persons who are blind or night-blind or whose vision is severely impaired and shall designate whether such person is blind, night-blind or has severely impaired vision:
(a) Hospitals, medical clinics and similar institutions which treat persons who are blind, night-blind or whose vision is severely impaired; and
κ1975 Statutes of Nevada, Page 1014 (CHAPTER 565, AB 148)κ
(b) Agencies of the state and political subdivisions which provide special tax consideration for blindness. [or which provide aid to the blind as defined in NRS 426.050.]
2. When any source described in paragraphs (a) and (b) of subsection 1 learns that vision has been restored to any person whose name appears in the registry established pursuant to subsection 3, the fact of restoration of vision shall be reported to such registry within 30 days of learning such fact.
3. The department may establish a registry for the purposes of this section and adopt regulations governing reports to and operation of such registry.
4. The department shall maintain a file of the names, addresses, birth dates and social security numbers of persons who are blind or night-blind or whose vision is severely impaired.
5. All information learned by the department pursuant to this section is confidential and any person who, without the consent of the individual concerned, reveals such information for purposes other than those specified in this section, or other than for administration of [aid to the blind as defined in NRS 426.050] the supplemental security income program, including state supplementary assistance and services to the aged, blind or disabled pursuant to chapters 422 and 427 of NRS, or services to the blind pursuant to NRS 426.520 to 426.610, inclusive, is guilty of a misdemeanor.
Sec. 21. NRS 422.320, 426.025, 426.030, 426.040, 426.050, 426.060, 426.070, 426.080, 426.090, 426.100, 426.110, 426.120, 426.130, 426.140, 426.150, 426.160, 426.170, 426.180, 426.190, 426.200, 426.210, 426.230, 426.240, 426.250, 426.260, 426.270, 426.280, 426.290, 426.300, 426.310, 426.320, 426.330, 426.340, 426.350, 426.360, 426.370, 426.380, 426.390, 426.400, 426.410, 426.420, 426.430, 426.440, 426.450, 426.460, 426.470, 426.480, 426.490, 426.500, 427.010, 427.030, 427.080, 427.130, 427.140, 427.150, 427.170, 427.180, 427.210, 427.220, 427.230, 427.240, 427.250, 427.285, 427.287, section 2 of chapter 49, Statutes of Nevada 1975, section 4 of chapter 139, Statutes of Nevada 1975, and chapter 256, Statutes of Nevada 1975, are hereby repealed.
Sec. 22. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 1015κ
Assembly Bill No. 747Committee on Health and Welfare
CHAPTER 566
AN ACT relating to cosmetology; exempting cosmetology training programs at the Nevada state prison and the Nevada girls training center from certain statutory requirements; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 644.460 is hereby amended to read as follows:
644.460 1. The following persons [shall be] are exempt from the provisions of this chapter:
[1.] (a) All persons authorized by the laws of this state to practice medicine, surgery, dentistry, osteopathy, chiropractic or podiatry.
[2.] (b) Commissioned surgical and medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to the same.
[3.] (c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:
[(a)] (1) Cleansing or singeing the hair of any person.
[(b)] (2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
2. Any school or cosmetology conducted as part of the vocational rehabilitation training program of the Nevada state prison or the Nevada girls training center:
(a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644.400.
(b) Notwithstanding the provisions of subsection 4 of NRS 644.400, shall maintain a staff of at least one licensed instructor.
________
Assembly Bill No. 679Assemblyman Barengo
CHAPTER 567
AN ACT relating to bonds in civil actions; establishing the form of an undertaking in civil actions; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 20 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever a party to an action or proceeding desires to give an undertaking pursuant to any provision of Titles 2 to 6 of NRS, it is sufficient if the sureties sign an undertaking indicating that they are bound to the obligations imposed by the statute under which the undertaking is given.
κ1975 Statutes of Nevada, Page 1016 (CHAPTER 567, AB 679)κ
if the sureties sign an undertaking indicating that they are bound to the obligations imposed by the statute under which the undertaking is given. Such undertaking may be in substantially the following form:
UNDERTAKING
|
State of Nevada
County of................................. |
} |
ss. |
In the ....................................... court ...............................................(state title of the action). Whereas the above named ........................................... desires to give an undertaking for .............................................................. (state purpose) as provided by NRS ....................................... Now, therefore, we the undersigned sureties, do hereby obligate ourselves, jointly and severally to ..............................................(name the obligee) under the provisions of NRS ............................................ in the sum of $.......................
Dated this ............... day of ............................., A.D. 19............
...............................................
(Signature of Principal)
...............................................
...............................................
(Signature of Sureties)
________
Assembly Bill No. 667Assemblymen Ford, Wagner, Murphy and Lowman
CHAPTER 568
AN ACT relating to youth services; changing the name of the county advisory board to the youth services commission; specifying the functions of the youth services commission; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 422.300 is hereby amended to read as follows:
422.300 1. In any county where it is deemed advisable, the judge of the juvenile court may establish a [county advisory board.] youth services commission.
2. Each [county advisory board] youth services commission shall consist of five persons appointed by the judge of the juvenile court.
3. [A county advisory board] The youth services commission shall advise with the welfare division, the [board of county commissioners,] governing bodies of each city and the county, the judge of the juvenile court, the governor and the legislature [on child welfare matters and shall make such reports as the judge of the juvenile court deems necessary.] to:
(a) Determine the extent to which various departments, agencies and organizations may wish to cooperate in a common effort to coordinate their existing programs and develop new programs to reduce the incidence of juvenile delinquency;
κ1975 Statutes of Nevada, Page 1017 (CHAPTER 568, AB 667)κ
their existing programs and develop new programs to reduce the incidence of juvenile delinquency;
(b) Develop necessary formal agreements among such departments, agencies and organizations, including agreements involving the joint exercise of power;
(c) Initiate, where feasible, other special projects in delinquency prevention by utilizing and coordinating existing resources within the community; and
(d) Seek and secure moneys and resources to carry out the purposes of the youth services commission.
________
Assembly Bill No. 440Committee on Labor and Management
CHAPTER 569
AN ACT relating to workmens compensation; permitting sole proprietors to elect workmens compensation coverage; extending compulsory industrial insurance and occupational disease coverage to employers with one employee; eliminating certain occupational exemptions for industrial insurance and occupational disease coverage; and providing other matters properly relating thereto.
[Approved May 19, 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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Sole proprietor means a self-employed owner of an unincorporated business who has been domiciled in the State of Nevada for at least 6 months immediately prior to filing for coverage and includes working partners and members of working associations. Coverage remains in effect only if the sole proprietor remains a domiciliary of Nevada.
Sec. 3. 1. A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter for the purpose of personally securing compensation equivalent to that to which an employee is entitled for any accidental injury sustained by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the commission.
2. A sole proprietor who elects to accept the terms, conditions and provisions of this chapter shall submit to a physical examination prior to the commencement of coverage and on a yearly basis thereafter. The commission shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination shall be paid by the sole proprietor.
3. A sole proprietor who elects to submit to the provisions of this chapter shall pay to the commission premiums in such manner and amounts as may be prescribed by regulations of the commission.
4. If a sole proprietor fails to pay all premiums required by the regulations of the commission, such failure operates as a rejection of this chapter.
κ1975 Statutes of Nevada, Page 1018 (CHAPTER 569, AB 440)κ
5. A sole proprietor who elects to be included under the provisions of this chapter shall remain subject to all terms, conditions and provisions of this chapter and all regulations of the commission until he files written notice with the commission that he withdraws his election.
6. For purposes of this chapter, a sole proprietor shall be deemed to be receiving a wage of $300 per month.
Sec. 4. NRS 616.055 is hereby amended to read as follows:
616.055 Employee and workman are used interchangeably in this chapter and [shall be construed to] mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
4. Officers of quasi-public or private corporations who receive pay as provided in the charter or bylaws of the corporation for service performed, provided that a paid corporation officer shall be deemed for the purposes of this chapter to receive a minimum pay of $3,600 per annum and a maximum pay of $24,000 per annum irrespective of the provisions of a corporation charter or bylaws.
5. Lessees engaged in either mining or operating reduction plants; provided:
(a) That such lessees shall be deemed employees of the lessor and for purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality; and
(b) That the lessor shall be relieved from providing and securing compensation under the terms of this chapter if the lessee had covered itself and its employees under the terms, conditions and provisions of this chapter.
Sec. 5. NRS 616.060 is hereby amended to read as follows:
616.060 Employee excludes:
1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.
2. Any person engaged as a theatrical or stage performer or in an exhibition except members of local supporting bands and orchestras commonly known as house bands.
3. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in this chapter.
[4. All stockholders in corporations whose business is exclusively that of ranching, agriculture or farming, who receive compensation for services rendered the corporation; provided, that the stock of the corporation is not dealt in on the market or is not sold for the purpose of financing the corporation.]
Sec. 6. NRS 616.285 is hereby amended to read as follows:
616.285 Where an employer has in his service [two or more employees] any employee under a contract of hire, except as otherwise expressly provided in this chapter, the terms, conditions and provisions of this chapter for the payment of premiums to the state insurance fund for the payment of compensation and the amount thereof for such injury sustained by an employee of such employer, shall be conclusive, compulsory and obligatory upon both employer and employee.
κ1975 Statutes of Nevada, Page 1019 (CHAPTER 569, AB 440)κ
chapter for the payment of premiums to the state insurance fund for the payment of compensation and the amount thereof for such injury sustained by an employee of such employer, shall be conclusive, compulsory and obligatory upon both employer and employee.
Sec. 7. NRS 616.310 is hereby amended to read as follows:
616.310 1. Workmen described in subsection 5 of NRS 616.055, [and in NRS 616.065,] whose employer is within the provisions of this chapter, shall be reported by the employer separate and apart from those employed at a daily wage, and the report shall describe briefly:
(a) The agreement under which the work is to be performed;
(b) The aggregate number of shifts worked during the preceding month; and
(c) The total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality.
Otherwise the payroll reports and premium payments on earnings of employees described in this section shall be governed by the requirements of this chapter regarding employees engaged at a regular wage.
2. However, any such workmen partnership or lessees, by filing with the commission an acceptance of the provisions of this chapter and by the payment of the premiums in advance upon the estimated earnings of themselves, and any workmen they may employ, may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the [person] lessor having the work executed, [as provided in NRS 616.065, or the lessor,] as provided in subsection 5 of NRS 616.055, shall be relieved of this obligation.
Sec. 8. NRS 616.315 is hereby amended to read as follows:
616.315 1. Any employer of labor in the State of Nevada having in his employment any employee excluded from the benefits of this chapter under [subsections 2, 3 or 4] subsection 1, 2 or 3 of NRS 616.060 may elect to [come] cover such employees under the provisions of this chapter in the manner hereinafter provided.
2. The election on the part of the employer shall be made by filing with the commission a written statement that he accepts the provisions of this chapter which, when filed, shall operate to subject him to the provisions of this chapter and of all acts amendatory thereof, until the employer shall thereafter file in the office of the commission a notice in writing that he withdraws his election.
3. Any employee in the service of any such employer shall be deemed to have accepted, and shall be subject to, the provisions of this chapter and of any acts amendatory thereof if, at the time of the accident for which compensation is claimed: [, the same conditions obtain as are set forth in paragraphs (a) and (b) of subsection 1 of NRS 616.295. However, any rejecting employee may waive the rejection by proceeding in accordance with subsection 2 of NRS 616.295.]
(a) The employer charged with such liability is subject to the provisions of this chapter, whether the employee has actual notice thereof or not; and
(b) The employee has not given to his employer and to the commission notice in writing that he elects to reject the provisions of this chapter.
4. Any employee who has rejected the provisions of this chapter may at any time thereafter elect to waive the rejection by giving notice in writing to his employer and to the commission which shall become effective when filed with the commission.
κ1975 Statutes of Nevada, Page 1020 (CHAPTER 569, AB 440)κ
at any time thereafter elect to waive the rejection by giving notice in writing to his employer and to the commission which shall become effective when filed with the commission.
Sec. 9. NRS 616.375 is hereby amended to read as follows:
616.375 1. If any employer within the provisions of NRS 616.285 fails to provide and secure compensation under this chapter, any injured employee or his dependents may bring an action at law against such employer for damages as if this chapter did not apply.
2. The injured employee or his dependents may in such action attach the property of the employer at any time upon or after the institution of such action, in an amount fixed by the court, to secure the payment of any judgment which is ultimately obtained. The provisions of chapters 31 and 71 of NRS shall govern the issuance of, and proceedings upon, such attachment.
3. In such action as in this section provided, the employer shall not escape liability for personal injury or accident sustained by an employee of such employer, when the injury sustained arises out of and in the course of the employment, because: [of any of the defenses set forth in subsection 1 of NRS 616.300, and in such case the same presumptions as set forth in subsection 2 of NRS 616.300 shall apply.]
(a) The employee assumed the risks:
(1) Inherent or incidental to, or arising out of his employment;
(2) Arising from the failure of the employer to provide and maintain a reasonably safe place to work; or
(3) Arising from the failure of the employer to furnish reasonably safe tools or appliances.
(b) The employer exercised reasonable care in selecting reasonably competent employees in the business.
(c) The injury was caused by the negligence of a coemployee.
(d) The employee was negligent, unless it appears that such negligence was willful and with intent to cause injury or the injured party was intoxicated.
In such cases it shall be presumed that the injury to the employee was the result of the negligence of the employer and that such negligence was the proximate cause of the injury. In such case the burden of the proof rests upon the employer to rebut the presumption of negligence.
Sec. 10. Chapter 617 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.
Sec. 11. Sole proprietor means a self-employed owner of an unincorporated business who has been domiciled in the State of Nevada for at least 6 months immediately prior to filing for coverage and includes working partners and members of working associations.
Sec. 12. 1. A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter for the purpose of personally securing compensation equivalent to that to which an employee is entitled for any occupational disease contracted by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the commission.
2. A sole proprietor who elects to accept the terms, conditions and provisions of this chapter shall submit to a physical examination by a physician selected by the commission prior to the commencement of coverage and on a yearly basis thereafter.
κ1975 Statutes of Nevada, Page 1021 (CHAPTER 569, AB 440)κ
physician selected by the commission prior to the commencement of coverage and on a yearly basis thereafter. The commission shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination shall be paid by the sole proprietor.
3. A sole proprietor who elects to submit to the provisions of this chapter shall pay to the commission premiums in such manner and amounts as may be prescribed by regulations of the commission.
4. If a sole proprietor fails to pay all premiums required by the regulations of the commission, such failure operates as a rejection of this chapter.
5. A sole proprietor who elects to be included under the provisions of this chapter shall remain subject to all terms, conditions and provisions of this chapter and all regulations of the commission until he files written notice with the commission that he withdraws his election.
6. For purposes of this chapter, a sole proprietor shall be deemed to be an employee receiving a wage of $300 per month.
Sec. 13. NRS 617.070 is hereby amended to read as follows:
617.070 Employee and workman are used interchangeably in this chapter and [shall be construed to] mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
4. Officers of quasi-public or private corporations who receive pay as provided in the charter or bylaws of the corporation for service performed, provided that a paid corporation officer shall be deemed for the purposes of this chapter to receive a minimum pay of $3,600 per annum and a maximum pay of $24,000 per annum irrespective of the provisions of a corporation charter or bylaws.
5. Lessees engaged in either mining or operating reduction plants; provided:
(a) That such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality; and
(b) That the lessor shall be relieved from providing and securing compensation under the provisions of this chapter if the lessee has covered itself and its employees under the provisions of this chapter.
6. Volunteer firemen entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070.
Sec. 14. NRS 617.080 is hereby amended to read as follows:
617.080 Employee excludes:
1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.
2. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in this chapter.
κ1975 Statutes of Nevada, Page 1022 (CHAPTER 569, AB 440)κ
3. Any person engaged as a theatrical or stage performer or in an exhibition except members of local supporting bands and orchestras commonly known as house bands.
Sec. 15. NRS 617.110 is hereby amended to read as follows:
617.110 The following shall constitute employers subject to the provisions of this chapter:
1. The state and each county, city, school district, and all public and quasi-public corporations therein, without regard to the number of persons in the service of any such employer.
2. Every person, firm, voluntary association, and private corporation, including any public service corporation, which has in service [two or more employees] any employee under a contract for hire.
Sec. 16. NRS 617.220 is hereby amended to read as follows:
617.220 Employers [who have in service less than two employees, and employers] whose employees are excluded by [subsection 2] subsection 1, 2 or 3 of NRS 617.080, shall have the right to elect to [come] cover such employees under the provisions of this chapter by notifying the commission in writing [of the election thereof, and by complying with the rules and regulations of the commission.] in the manner prescribed in subsection 2 of NRS 616.315.
Sec. 17. NRS 617.250 is hereby amended to read as follows:
617.250 1. Workmen described in subsection 5 of NRS 617.070, [and in NRS 617.090,] whose employer is within the provisions of this chapter, shall be reported by the employer separate and apart from those employed at a daily wage, and the report shall describe briefly:
(a) The agreement under which the work is to be performed;
(b) The aggregate number of shifts worked during the preceding month; and
(c) The total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality.
Otherwise, the payroll reports and premium payments on earnings of employees described in this section shall be governed by the requirements of this chapter regarding employees engaged at a regular wage.
2. Any such workmen partnership or lessees, however, by filing with the commission an acceptance of the provisions of this chapter and by the payment of the premiums in advance upon the estimated earnings of themselves, and any workmen they may employ, may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the [person] lessor having the work executed, [as provided in NRS 617.090, or the lessor,] as provided in subsection 5 of NRS 617.070, shall be relieved of this obligation.
Sec. 18. NRS 616.065, 616.290, 616.295, 616.300, 617.090, 617.230 and 617.260 are hereby repealed.
Sec. 19. Sections 4, 7, 13 and 17 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 1023κ
Assembly Bill No. 735Committee on Legislative Functions
CHAPTER 570
AN ACT to amend NRS 218.230, relating to the state legislature, by increasing the compensation of officers and employees of the legislature for future sessions.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.230 is hereby amended to read as follows:
218.230 There shall be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
Senate
Assistant secretary............................................................................. [$34] $40
Assistant sergeant-at-arms.................................................................. [24] 28
Clerks....................................................................................................... [18] 22
Committee stenographer....................................................................... [32] 37
History clerk........................................................................................... [32] 37
Journal clerk............................................................................................ [32] 37
Minute clerk............................................................................................ [32] 37
Page......................................................................................................... [16] 21
Secretary................................................................................................. [50] 56
Sergeant-at-arms.................................................................................... [32] 37
Stenographers........................................................................................ [25] 32
Supervisor of clerks............................................................................... [25] 34
Assembly
Assistant chief clerk............................................................................ [$34] $40
Assistant sergeant-at-arms.................................................................. [24] 28
Chief clerk............................................................................................... [50] 56
Clerks....................................................................................................... [18] 22
Committee stenographer....................................................................... [32] 37
History clerk........................................................................................... [32] 37
Journal clerk............................................................................................ [32] 37
Minute clerk............................................................................................ [32] 37
Pages....................................................................................................... [16] 21
Sergeant-at-arms.................................................................................... [32] 37
Stenographers........................................................................................ [25] 32
Supervisor............................................................................................... [30] 37
Supervisor of clerks............................................................................... [25] 32
Supply clerk............................................................................................ [22] 26
Typists.................................................................................................... [20] 24
Security guard.............................................................................................. 30
________
κ1975 Statutes of Nevada, Page 1024κ
Assembly Bill No. 351Committee on Transportation
CHAPTER 571
AN ACT relating to traffic laws; making unlawful any failure to comply with a signal of an authorized flagman serving in a traffic control capacity; and providing other matters properly relating thereto.
[Approved May 19, 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. It is unlawful for a driver of a vehicle to fail or refuse to comply with any signal of an authorized flagman serving in a traffic control capacity in a clearly marked area of highway construction or maintenance.
2. As used in this section, authorized flagman serving in a traffic control capacity means an employee of the department of highways or of a contractor performing highway construction or maintenance for the department while he is carrying out the duties of his employment.
________
Assembly Bill No. 451Committee on Judiciary
CHAPTER 572
AN ACT relating to justices of the peace and municipal judges; requiring each county and city to pay its pro rata share of the costs of the instruction; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 4.035 is hereby amended to read as follows:
4.035 The clerk of the supreme court shall, at the direction of the chief justice, arrange for the giving of instruction, at the National College of State Trial Judges in Reno, Nevada, or elsewhere:
1. In court procedure, record-keeping and the elements of substantive law appropriate to a justices court, to each justice of the peace who is first elected or appointed to office after July 1, 1971, and to other justices of the peace who so desire and who can be accommodated, between each general election and January 1 next following.
2. In statutory amendments and other developments in the law appropriate to a justices court, to all justices of the peace at convenient intervals.
3. Each county shall pay to the supreme court the countys pro rata share of the costs of such instruction as budgeted for pursuant to the Local Government Budget Act.
κ1975 Statutes of Nevada, Page 1025 (CHAPTER 572, AB 451)κ
Sec. 2. NRS 5.025 is hereby amended to read as follows:
5.025 The clerk of the supreme court of Nevada shall, at the direction of the chief justice, arrange for the giving of instruction, at the National College of State Trial Judges in Reno, Nevada, or elsewhere:
1. In court procedure, record-keeping and the elements of substantive law appropriate to a municipal court, to each police judge or municipal judge who is first elected or appointed to office after July 1, 1971, and to other such judges who so desire and who can be accommodated, between each election designated for the election of such judges and the date of entering office.
2. In statutory amendments and other developments in the law appropriate to a municipal court, to all such judges at convenient intervals.
3. Each city shall pay to the supreme court the citys pro rata share of the costs of such instruction as budgeted for pursuant to the Local Government Budget Act.
________
Senate Bill No. 494Committee on Education
CHAPTER 573
AN ACT relating to the University of Nevada System; requiring the board of regents to establish, by regulation, systems for probation and fair dismissal for professional employees of the community college division; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The board of regents shall adopt and promulgate regulations establishing a system of probation for the professional employees of the community college division of the University of Nevada System. The regulations shall provide for a probationary period of such length as the board deems appropriate.
Sec. 3. The board of regents shall adopt and promulgate regulations establishing a fair dismissal system for the professional employees of the community college division who have completed probation as required by the board pursuant to section 2 of this act. The regulations shall provide that no professional employee who has successfully completed his probationary period is subject to termination or nonrenewal of his contract except for good cause shown. The regulations shall specify what constitutes good cause for such termination or nonrenewal of contract, and shall include provisions for:
1. Adequate notice;
2. A hearing to determine whether good cause exists, to be held before an impartial hearing officer or hearing committee selected in a manner provided by the board; and
κ1975 Statutes of Nevada, Page 1026 (CHAPTER 573, SB 494)κ
3. Opportunity for review of the decision of such hearing officer or hearing committee,
in any case involving termination or nonrenewal of the contract of a professional employee who has completed probation.
________
Assembly Bill No. 54Assemblymen Wagner, Chaney, Weise and Hayes
CHAPTER 574
AN ACT relating to academic degrees; defining degree-granting institutions and requiring that such institutions meet certain conditions; prohibiting issuance of degrees except by degree-granting institutions; providing penalties; providing injunctive relief; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. Degree means any statement, diploma, certificate or other writing in any language which indicates or represents, or which is intended to indicate or represent, that the person named thereon is learned in or has satisfactorily completed the requirements of an academic or professional program of study in a particular field of endeavor beyond the secondary school level as a result of formal preparation or training.
Sec. 3. Degree-granting institution means a school, academy, institute, junior college, college, university or other educational organization or entity located in the State of Nevada or operating from a place of business in this state which offers courses of instruction or study wherein credits may be earned toward an academic or professional degree in any field of endeavor beyond the secondary school level, and:
1. Is accredited by an accrediting association recognized by the Office of Education of the United States Department of Health, Education and Welfare; or
2. Has filed and kept current with appropriate amendments, in the office of the superintendent of public instruction pursuant to regulations adopted by the state board of education, an affidavit by the president of the institution stating that the majority of the course credits offered by the institution are generally acceptable or transferable to at least one college or university accredited by an accrediting association recognized by the Office of Education of the United States Department of Health, Education and Welfare.
Sec. 4. Honorary degree means any statement, diploma, certificate or other writing in any language which indicates or represents, or which is intended to indicate or represent, that the person named thereon is learned in any field of public service or has performed outstanding public service or that the person named thereon has demonstrated proficiency in a field of endeavor without having completed formal courses of instruction or study or formal preparation or training.
κ1975 Statutes of Nevada, Page 1027 (CHAPTER 574, AB 54)κ
service or that the person named thereon has demonstrated proficiency in a field of endeavor without having completed formal courses of instruction or study or formal preparation or training.
Sec. 5. No person, firm, association, partnership or corporation, other than a degree-granting institution, may award, bestow, confer, give, grant, convey or sell to any other person a degree or honorary degree upon which is inscribed, in any language, the word associate, bachelor, baccalaureate, master, doctor or fellow, or any abbreviation thereof.
Sec. 6. No person, firm, association, partnership or corporation, other than a degree-granting institution, may:
1. Advertise or otherwise represent that it awards, bestows, confers, gives, grants, conveys or sells degrees or honorary degrees; or
2. Solicit enrollment in courses of instruction or study by making any such representation.
Sec. 7. Any person, firm, partnership, corporation, association or any other organization which violates any of the provisions of sections 2 to 6, inclusive, of this act is liable for a civil penalty not to exceed $2,500 for each violation, which shall be recovered in a civil action, brought in the name of the State of Nevada by the attorney general or by any district attorney in a court of competent jurisdiction. As used in this section, each violation includes, as a single violation, a continuous or repetitive violation arising out of the same act.
Sec. 8. The attorney general or any district attorney may bring an action in any court of competent jurisdiction, either as a part of any action brought pursuant to section 7 of this act or as a separate action, to enjoin any violation of the provisions of sections 2 to 6, inclusive, of this act.
Sec. 9. Every person, firm, partnership or officer or managing agent of any corporation or association who violates any of the provisions of sections 2 to 6, inclusive, of this act is guilty of a gross misdemeanor.
________
Senate Bill No. 336Committee on Government Affairs
CHAPTER 575
AN ACT relating to public employees retirement; creating a separate police and firemens retirement fund; increasing certain contribution rates; permitting public employers to pay employees contributions to the public employees retirement fund; restricting employees right to withdraw their contributions to the retirement fund; increasing post-retirement allowances; providing annual cost-of-living increases; abolishing certain benefits; increasing certain survivor benefits; providing penalties; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
κ1975 Statutes of Nevada, Page 1028 (CHAPTER 575, SB 336)κ
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 286.020 to 286.100, inclusive, and in sections 3 to 10, inclusive, of this act, have the meanings ascribed to them in such sections.
Sec. 3. Actuarial computation means the computation based on benefits earned and life expectancy of member and beneficiary to determine necessary reduction of benefits under retirement options or to determine cost of purchasing additional benefits as provided in this chapter.
Sec. 4. Compensation is the gross salary paid to a member including payments for leave, overtime and longevity, and bonuses. The term does not include earnings paid for accumulated leave, longevity or bonuses after:
1. The member has terminated his service and applied for a retirement allowance pursuant to the provisions of this chapter; or
2. The death of the member.
Sec. 5. Disability retirement allowance means monthly payments from the public employees retirement fund paid to disabled members.
Sec. 6. 1. Fireman means a member who is a full-time employee of a participating public employer, whose principal duties are controlling and extinguishing fires and who is a salaried employee of a fire prevention or suppression unit organized by a political subdivision of the State of Nevada.
2. The board may, subject to statutory limitations, adopt regulations stipulating employee positions in these categories whose holders shall be deemed firemen.
Sec. 7. Independent contractor means any person who renders specified services for a stipulated fee who is not under the control of a public employer, except as regards the result of his work, and who does not receive employment benefits such as annual leave and group insurance.
Sec. 8. 1. Police officer means a member, who is a full-time employee of a participating public employer, whose principal duties consist of enforcing the laws of the State of Nevada or any of its political subdivisions and who is employed in one of the following positions:
(a) A member of the Nevada highway patrol who exercises the police powers specified in NRS 481.0491 and 481.180;
(b) The sheriff of a county or of a metropolitan police department, or his deputy;
(c) The chief of police of an incorporated city or unincorporated town, or a subordinate peace officer;
(d) A member of the University of Nevada System police department;
(e) A correctional officer of the Nevada state prison;
(f) A special investigator employed by the attorney general or by a district attorney; or
(g) A parole and probation officer of the department of parole and probation.
2. The board may, subject to statutory limitations, adopt regulations stipulating employee positions in these categories whose holders shall be deemed police officers.
Sec. 9. Post-retirement increase means the monthly cost-of-living increase added to the monthly payments of:
κ1975 Statutes of Nevada, Page 1029 (CHAPTER 575, SB 336)κ
1. Persons receiving disability retirement allowances or service retirement allowances;
2. Beneficiaries of deceased members receiving allowances; and
3. Persons receiving monthly survivor benefit allowances,
pursuant to the terms of this chapter.
Sec. 10. Service means all creditable employment which is validated under the provisions of this chapter and can be used in determining eligibility and scope of benefits for members.
Sec. 11. NRS 286.020 is hereby amended to read as follows:
286.020 [As used in this chapter, board] Board means the public employees retirement board.
Sec. 12. NRS 286.040 is hereby amended to read as follows:
286.040 1. [As used in this chapter, employee] Employee means:
(a) A public officer of the State of Nevada or its political subdivisions.
(b) Any person employed by a public employer whose compensation [is] and all other customary employee benefits are provided by the public employer and who is under the direction or control of officers of the public employer.
2. Employee does not include independent contractors or persons rendering professional services to an employer on a fee, retainer or contract basis.
3. The board shall determine who are employees under this definition.
Sec. 13. NRS 286.050 is hereby amended to read as follows:
286.050 [As used in this chapter, members means qualified participants in the system.] Member means a person:
1. Who is employed by a participating public employer and who is contributing to the system; or
2. Who has previously been in the employ of a participating public employer and who has contributed to the system but who subsequently terminates such employment without withdrawing his contributions.
Sec. 14. NRS 286.070 is hereby amended to read as follows:
286.070 1. [As used in this chapter, public employer] Public employer means the state, one of its agencies or one of its political subdivisions, irrigation districts created under the laws of the State of Nevada, the Las Vegas Valley Water District, created pursuant to chapter 167, Statutes of Nevada 1947, as amended, a nonprofit corporation to which a public hospital has been conveyed or leased pursuant to NRS 450.500 and a council of governments created pursuant to the laws of the State of Nevada.
2. State agencies are those agencies subject to state control and supervision, including those whose employees are governed by chapter 284 of NRS, unless specifically exempted therefrom, and those which deposit funds with the state treasurer.
Sec. 15. NRS 286.080 is hereby amended to read as follows:
286.080 [As used in this chapter, retirement allowance means payment for life derived from contributions of members and public employers.] Service retirement allowance means monthly payments from the public employees retirement fund paid to a retiree for the remainder of his life.
κ1975 Statutes of Nevada, Page 1030 (CHAPTER 575, SB 336)κ
Sec. 16. NRS 286.100 is hereby amended to read as follows:
286.100 [As used in this chapter, system] System means the public employees retirement system established by this chapter.
Sec. 17. NRS 286.110 is hereby amended to read as follows:
286.110 [1.] A system of retirement [for all benefits at] providing benefits for the retirement, disability or death [for] of employees of public employers is hereby established and shall be known as the public employees retirement system.
[2. Any similar system being operated by a public employer on July 1, 1948, may be integrated into the system as provided in this chapter.]
Sec. 18. NRS 286.130 is hereby amended to read as follows:
286.130 1. [Of the first five members of the board, two] Two board members shall be citizens:
(a) Who have resided in the state for 2 years immediately preceding their appointment to the board; and
(b) Neither of whom:
(1) Is an employee of a public employer during his term of office on the board; or
(2) Has been such an employee for 2 years immediately preceding his appointment to the board.
2. [The other three members of the first five members of the board shall be persons who have had at least 10 years of service for the State of Nevada or its political subdivisions and who would be eligible for membership in the system if it were established at the time of their appointment. All successors of any of the three shall be members of the system with at least 10 years of public service in the State of Nevada.
3. Of the first five members of the board, the governor shall designate one member to serve until July 1, 1949, two members to serve until July 1, 1950, and two members to serve until July 1, 1951.
4. On July 1, 1973, the governor shall appoint two additional members to serve on the board until July 1, 1977. Such additional members shall be selected from a panel of 10 persons.] Three board members shall be:
(a) Persons who have had at least 10 years of service as employees of the State of Nevada or its political subdivisions; and
(b) Persons who:
(1) Are active member of the system;
(2) Have retired pursuant to the provisions of this chapter; or
(3) Are receiving a disability allowance pursuant to the provisions of this chapter.
3. Two board members shall be appointed from a panel of 10 persons selected pursuant to this subsection. Each of the following classes of public servants shall nominate two persons to [comprise] be members of the panel:
(a) Employees of the state and the University of Nevada System;
(b) The academic staff of school districts, including principals and administrators;
(c) Employees of cities, excluding Carson City;
(d) Employees of counties, including Carson City and excluding employees of county hospitals; and
κ1975 Statutes of Nevada, Page 1031 (CHAPTER 575, SB 336)κ
(e) Employees of county hospitals, public utilities, power districts, sanitation districts, classified school employees and employees of other districts as determined by the board.
[5. Except as otherwise provided in this section, a member of the board succeeding one of these seven members] 4. A member of the board shall serve for 4 years and until his successor is appointed and takes office. Each member of the board shall have the same qualifications and be appointed in the same manner as this chapter prescribes for his predecessor.
Sec. 19. NRS 286.160 is hereby amended to read as follows:
286.160 1. The board shall employ an executive officer [, who shall hold his position in the discretion of the board.] and an assistant executive officer who shall hold their positions at the discretion of the board.
2. The executive officer and the assistant executive officer shall be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS. [He] Each is entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
3. The executive officer shall:
(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.
(b) Possess at least 5 years experience in a high level administrative or executive capacity, responsible for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.
4. [The executive officer 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.] The assistant executive officer shall be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.
5. The executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit.
Sec. 20. NRS 286.170 is hereby amended to read as follows:
286.170 1. Subject to the limitations of this chapter and the budget prescribed by the board, the system shall be administered by the executive officer, an assistant executive officer and [by] a staff authorized by the board and appointed by the executive officer with the approval of the board.
2. [The system shall be administered under the following functional divisions:
(a) Planning and analysis;
(b) Investments;
(c) Accounting; and
(d) Membership relations.
3.] The board shall:
(a) [Appoint division chiefs who will be in the classified service.
(b)] Create such positions within the [functional divisions and otherwise] system as it deems necessary for the sound and economical administration of the system.
[(c)] (b) Fix the salaries of all persons employed in the classified service for purposes of administering the system in accordance with the pay plan of the state adopted pursuant to the provisions of chapter 284 of NRS.
κ1975 Statutes of Nevada, Page 1032 (CHAPTER 575, SB 336)κ
[4. The members of the staff shall hold their respective positions in the discretion of the board, but no member shall] 3. No classified employee on the staff of the system may be removed in a manner contrary to the provisions of chapter 284 of NRS.
Sec. 21. NRS 286.180 is hereby amended to read as follows:
286.180 1. When necessarily absent from home attending to [the business of the board,] their duties, the members of the board [shall] and members of the investment committee are entitled to receive their actual and necessary traveling expenses and other expenses within the limit fixed by law.
2. Members of the board [who are not participating members of the system shall receive additional compensation of $40] and members of the investment committee are entitled to receive a fee of $40 per day for attendance at meetings.
3. [Reimbursement] Salaries and reimbursement for expenses shall be paid from the public employees retirement administrative fund.
Sec. 22. NRS 286.190 is hereby amended to read as follows:
286.190 The board: [shall:
1. Have] 1. Has the powers and privileges of a body corporate [.
2. Subject] and, subject to the limitations of this chapter, [have the power and duty of] is responsible for managing the system.
[3. Arrange for actuarial service for the system.]
2. Shall:
(a) Arrange for an annual actuarial report or review of the actuarial soundness of the system to be prepared by an independent actuary based upon data compiled and supplied by employees of the system, and shall adopt actuarial tables and formulas prepared and recommended by the actuary.
(b) Provide for an annual audit of the system, including the administrative fund, by an independent certified public accountant.
(c) Provide an annual report to the members and participating public employers of the system. Such report shall contain a review of the actuarial valuation required by paragraph (a).
(d) On and after July 1, 1975, create a police and firemens retirement fund advisory committee and appoint its members.
3. May:
(a) Adjust service and make any correction of member, retiree or beneficiary records and benefits after an error or inequity has been determined.
(b) Adopt an optional annuity program for members which has been designed and recommended by the actuary. This program shall be a trust, qualified under section 401(a) of the Internal Revenue Code, to invest contributions of voluntarily deferred employee compensation. The plan shall be in such form and contain such terms as will qualify the contributions for tax deferment under the Internal Revenue Code. The amount of any deferral made pursuant to the plan shall be considered a part of the employees compensation for all purposes except federal income taxation.
(c) Examine and copy personnel and financial records of public employers.
κ1975 Statutes of Nevada, Page 1033 (CHAPTER 575, SB 336)κ
(d) Receive requests for membership from state, county or municipal entities which are not presently public employers, and shall determine whether or not any such entity and its employees qualify for membership as provided by this chapter.
Sec. 23. NRS 286.220 is hereby amended to read as follows:
286.220 1. The board shall establish a fund which shall be known as the public employees retirement fund.
2. It is hereby declared to be the policy of the legislature that the public employees retirement fund is a trust fund established to afford a degree of security to long-time public employees of the state and its political subdivisions. The moneys in the fund shall not be used or appropriated for any purpose incompatible with the public employees retirement system policy, as expressed in NRS 286.015. The fund shall be invested and administered to assure the highest return consistent with safety in accordance with accepted investment practices.
3. Moneys in the public employees retirement fund shall be expended by the board for the purpose of paying:
(a) Service retirement allowances;
(b) Disability retirement allowances;
(c) Post-retirement allowances;
(d) Survivor benefits; and
(e) Authorized refunds to members and their beneficiaries,
except to active or retired police officers or firemen or their beneficiaries on or after July 1, 1975, and for the payment of expenses authorized by law to be paid from such retirement fund.
4. Contributions from members and from participating public employers to the public employees retirement fund shall be deposited in a bank of reputable standing in the State of Nevada. Such deposits shall be secured by a depository bond.
5. All checks drawn upon the public employees retirement fund shall be signed by two persons designated by the board. Such persons shall furnish a bond in an amount determined by the board.
Sec. 24. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. On July 1, 1975, the board shall establish a fund which shall be known as the police and firemens retirement fund.
2. The board shall within a reasonable time thereafter transfer from the public employees retirement fund to the police and firemens retirement fund an amount equal to the total employee and employer contributions made by and for police officers and firemen prior to July 1, 1975, together with all investment return earned thereon. The board shall also transfer from the public employees retirement fund to the police and firemens retirement fund an amount equal to all employee and employer contributions together with all investment return earned thereon made by and for police and firemen who are presently retired less any monthly retirement benefits and post-retirement increases paid prior to July 1, 1975.
3. On and after July 1, 1975, all refunds, disability retirement, survivor benefits, and service retirement benefits paid to police officers and firemen and their beneficiaries shall be paid from the police and firemens retirement fund.
κ1975 Statutes of Nevada, Page 1034 (CHAPTER 575, SB 336)κ
4. On and after July 1, 1975, all contributions paid by and for police officers and firemen shall be credited to the police and firemens retirement fund.
5. The police and firemens retirement fund shall be administered by the board and is subject to all restrictions and regulations applicable to the board.
6. Any post-retirement increase appropriated by the legislature in accordance with this chapter, shall be paid to eligible retired police officers and firemen and their beneficiaries from any such appropriation.
7. Investment return on moneys in the police and firemens retirement fund shall be deposited in that fund at the end of each fiscal year based on annual average yield of the system.
8. The board shall transfer appropriate employee and employer contributions made by and for members who transfer to and from the public employees retirement fund and the police and firemens retirement fund.
Sec. 25. NRS 286.230 is hereby amended to read as follows:
286.230 1. The board shall establish a fund which shall be known as the public employees retirement administrative fund [and in which all funds received from employers and employees for administrative purposes shall be deposited.] in which shall be deposited all administrative fees received from members and participating public employers.
2. Administrative fees shall be remitted to the board at intervals and in a manner directed by the board. The board shall require administrative fees in an amount sufficient to pay the operating expenses of the system.
3. The member and his public employer shall each pay one-half of the administrative fee.
4. The full fee shall be paid on each employment reported to the system regardless of the number of hours worked.
Sec. 26. NRS 286.260 is hereby amended to read as follows:
286.260 1. The board shall provide for an individual account for each member of the system. Each account shall show the amount of the members contributions to the public employees retirement fund or police and firemens retirement fund and any changes in the account that may be legally authorized.
2. Any interest paid by a member with the repayment of withdrawn contributions or purchase of any service shall not be credited to such members account.
3. The board is relieved of any further liability regarding a member, his estate or a beneficiary upon the return of all employee contributions to the member, his estate or beneficiary or a combination thereof.
Sec. 27. NRS 286.284 is hereby amended to read as follows:
286.284 1. The board shall be guided in its investment functions under the provisions of this chapter by the investment committee.
2. This committee shall be composed of four persons:
(a) [The executive officer.
(b) An investment counselor to be selected by the board and who is not otherwise affiliated with or retained by the board.
(c) Two members of the board to be selected by the board.] Three members of the board appointed by the chairman of the board; and
κ1975 Statutes of Nevada, Page 1035 (CHAPTER 575, SB 336)κ
(b) An investment counselor selected by the board and paid from the investment return of the public employees retirement fund and the police and firemens retirement fund in proportion to their respective assets.
3. The chairman of the board shall appoint a chairman and the investment committee from among the three board members.
4. The executive officer shall serve as a consultant to the investment committee.
Sec. 28. NRS 286.287 is hereby amended to read as follows:
286.287 The investment committee shall [, at each of its meetings:] meet monthly. At each of its meetings it shall:
1. Review the investment portfolio of the system.
2. [Determine recommended portfolio changes, if any, resulting from changes in investment market conditions.
3. Take whatever action seems appropriate in supervising and coordinating the efforts of investment counsel.
4.] Recommend any appropriate changes in the investment portfolio.
3. Acknowledge and [cause to be processed] process investment suggestions forwarded to it by members of the system.
[5.] 4. Provide for investment practice explanations to all members of the system when such explanations seem appropriate.
Sec. 29. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any participating public employer or group of such employers may select an employee as liaison officer to certify records, counsel members and coordinate matters pertaining to retirement between the system and members or participating public employers.
Sec. 30. NRS 286.300 is hereby amended to read as follows:
286.300 1. [A person holding an elective office, if otherwise eligible, may become a member of the system only by giving the board written notice of his desire to do so within 30 days after he takes office, or, if he is not eligible to become a member of the system at the time he takes office, within 30 days after he becomes eligible.
2. If an elective or appointive officer did not or does not choose to become a member of the system in the manner provided in subsection 1, he shall not again be given an opportunity to participate in the system until the start of a new term of office or the expiration of 4 years or more, whichever occurs first, at which time, if he is in covered service, he may participate in the system upon notifying the board of his intention to do so. Such officer shall also notify the board whether or not he chooses to pay the amounts which he would have been required to pay in contribution and administrative charges had he previously been a member of the system. Should he choose to make such payments, the public employer by which he was previously employed shall make corresponding payments of employer contributions as required by NRS 286.450. Payment of past contributions by such officer shall be completed within 5 years. Retirement contributions due for any 1 year of incumbency, or fraction thereof, shall be charged interest as if such contributions had been withdrawn on the first day of the succeeding year. The public employer may elect to pay the amount due from the employer for such previous service in a lump sum at the beginning of payments by the employee or at the conclusion of payments by the employee.
κ1975 Statutes of Nevada, Page 1036 (CHAPTER 575, SB 336)κ
such previous service in a lump sum at the beginning of payments by the employee or at the conclusion of payments by the employee. Such employer payments shall match the amount paid by the employee. Upon completion of such payments, the service represented thereby shall be credited toward retirement if consistent with the other provisions of this chapter.] Any member of the system may purchase all previous creditable service performed with his present employing agency if such service was performed prior to the enrollment of his agency in the system, even if the service is still creditable in some other system where it cannot be canceled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay the systems actuary for a computation of costs and pay the full cost as determined by the actuary.
2. Any member who has 5 years of contributing creditable service may purchase up to 5 years of out-of-state service performed with any federal, state, county or municipal public system if that service is no longer creditable in the other system. To validate such service, the member must obtain a certification of the inclusive dates of previous service performed with the other public system, together with certification from that system that this credit is no longer creditable in the other system and that the other system agrees to notify the Nevada system if this service ever becomes reestablished by the member. The member must pay the systems actuary for the computation and pay the full actuarial costs as determined by the actuary.
3. Any member who has at least 5 years of contributing creditable service may purchase up to 5 years of military service regardless of when served if such service is no longer credited in the military retirement system. To validate military service, the member must provide certification of the inclusive dates of active military service performed, pay the systems actuary for the computation and pay the full actuarial cost as determined by the actuary.
4. Any contributing member may purchase previous service performed for any public employer, including service as an elected officer or a person appointed to an elective office for an unexpired term. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate such service. The member must pay the systems actuary for a computation of costs and pay the full cost as determined by the actuary.
5. A member who provides proper documentation and establishes the right to purchase any of the service listed in this section may defer payment until actual retirement. Under this subsection, the purchase of service shall be based on the normal employee and employer contribution rates which are in effect at the time for the members retirement times his final average salary and without interest. Service purchased under this subsection shall not be credited until retirement, nor shall it be considered as validated service to provide eligibility for vesting, survivor benefits or disability retirement. This service can be used for regular retirement eligibility.
6. The employing agency may pay the employer share of the cost to validate service under this section, but is not required to do so. No credit, however, shall be validated unless both the employer and employee contributions have been paid.
κ1975 Statutes of Nevada, Page 1037 (CHAPTER 575, SB 336)κ
however, shall be validated unless both the employer and employee contributions have been paid.
7. The member or public employer, or both, purchasing credit under this section shall pay the full current administrative fees for each month of service purchased.
Sec. 31. NRS 286.305 is hereby amended to read as follows:
286.305 1. Any justice of the supreme court and any district judge may become a member of the system. [in the manner provided by NRS 286.300.] Such justices or district judges may choose to gain service credit for previous service as provided in NRS 286.300.
2. The State of Nevada shall be deemed, for the purpose of this chapter, to be the public employer of such justice or judge, and shall contribute to the public employees retirement fund and the public employees retirement administrative fund, in the manner provided in this chapter for public employers.
3. Any justice of the supreme court and any district judge who has been a member of the system and who qualifies for a pension under the provisions of NRS 3.090 or NRS 2.060 may elect [, when he is eligible for retirement,] to withdraw from the public employees retirement fund the amount credited to him in the account. No such justice or judge may receive benefits under both this chapter and under NRS 3.090 or NRS 2.060.
[4. Service as a justice of the supreme court or as a district judge prior to July 1, 1960, may not be credited toward retirement until such justice or judge and the public employer have contributed to the public employees retirement fund and the public employees retirement administrative fund such sums as would have been contributed by each had such justice or judge been a member of the system from July 1, 1948, to and including the date such justice or judge elects to become a member of the system. The State of Nevada shall pay all public employer contributions for persons electing to redeem such prior service.]
Sec. 32. NRS 286.310 is hereby amended to read as follows:
286.310 1. An employee who is a member of, or eligible for membership in, a retirement system established by a public employer prior to July 1, 1948, may not become a member of the system established by this chapter until the previously established system is integrated with the system established by this chapter pursuant to the procedure provided by this chapter.
2. Employees of the State of Nevada or a political subdivision of the State of Nevada who are required by federal law to participate in a federal retirement system may not become or remain members of the retirement system established by this chapter.
3. [The provisions of subsection 2 shall not apply to any person employed by the State of Nevada or a political subdivision of the State of Nevada prior to July 1, 1967, who has been required to participate in the retirement systems of both the Federal Government and the State of Nevada and who, within 30 days after July 1, 1967, files a written statement with the board electing to retain his service credit in the retirement system established by this chapter. Persons required by federal law to participate in the federal retirement system may apply for a refund of contributions to the state system at any time when they are not covered by the state system, and if they subsequently reenter the state system as provided in subsection 4 they may repay such withdrawn contributions in the manner provided in this chapter.
κ1975 Statutes of Nevada, Page 1038 (CHAPTER 575, SB 336)κ
of contributions to the state system at any time when they are not covered by the state system, and if they subsequently reenter the state system as provided in subsection 4 they may repay such withdrawn contributions in the manner provided in this chapter.
4.] When an employee of an agency or political subdivision of the State of Nevada who has been required by federal law to participate in the federal retirement system is transferred within the same agency or political subdivision to a position not covered by the federal retirement system he [may be permitted to resume coverage under the state retirement system and shall receive] shall become a member of the system and is entitled to purchase credit for previous service rendered for the same agency or political subdivision under the state retirement system [without regard to the provisions of paragraph (a) of subsection 1 of NRS 286.400.
5.] as provided in NRS 286.300.
4. It is the intent [and purpose of subsections 3 and 4] of this section to prohibit coverage under two retirement systems [after July 1, 1967,] for the same period of time and service but also to assure that all eligible service rendered to the same agency of the State of Nevada or a political subdivision thereof shall be given retirement coverage under one of the two systems.
Sec. 33. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to the provisions of this chapter for optional participation, the following employees of public employers shall participate in the system:
(a) Those employed prior to July 1, 1971, in positions requiring 1,200 or more hours of employment per year and paying a salary of at least $150 per month.
(b) Those employed prior to July 1, 1971, pursuant to a school contract requiring 800 or more hours of employment per year and paying a salary of at least $150 per month.
(c) Those employed after July 1, 1971, in positions requiring halftime or more and paying a salary of at least $3,600 per year.
(d) Those employed after July 1, 1975, who are under age 55 at time of employment and work at least 40 hours within a given month. A person over age 55 at time of employment may become a member.
(e) Elected officials or persons appointed to elective positions who are elected or appointed after July 1, 1975, except where excluded by NRS 286.330.
2. Any person employed prior to July 1, 1975, who was prohibited by law from membership at time of employment but presently qualifies may join the system on or after July 1, 1975, but is not required to do so.
3. Any elected official or person appointed to an elective office who had the option of joining the system prior to July 1, 1975, but elected not to do so may join the system on or after July 1, 1975, but is not required to do so.
4. Any person who is a member shall contribute on any employment after July 1, 1975, with any public employer regardless of the time involved.
κ1975 Statutes of Nevada, Page 1039 (CHAPTER 575, SB 336)κ
Sec. 34. NRS 286.330 is hereby amended to read as follows:
286.330 [No inmate of a state institution and no person enrolled full time in a state institution principally for purposes of training, even though he receives compensation for services performed for the institution, may become a member of the system.] The following persons are not eligible to become members of the system:
1. Inmates of state institutions even though they may be receiving compensation for services performed for the institution.
2. Independent contractors or persons rendering professional services on a fee, retainer or contract basis.
3. Persons retired under the provisions of this chapter who are employed by a participating public employer.
4. Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.
5. Full-time students in the University of Nevada System, who are employed as graduate assistants or on wage accounts.
Sec. 35. NRS 286.367 is hereby amended to read as follows:
286.367 1. The [volunteer members] volunteers of a regularly organized and recognized fire department may, by the joint application of [all such volunteer members] a majority of such volunteers, addressed to the board, become members of the system. A volunteer fireman who joins a fire department [whose members] of which all the volunteers have become members of the system shall become a member of the system. The [volunteer members] volunteers of a participating fire department may withdraw from the system by the joint application of [all such volunteer members] a majority of such volunteers addressed to the board.
2. The city, town, county or district which recognizes such [firemen] volunteers is the public employer [of such firemen] and shall collect and pay over the employees share and pay the employers share of the contribution to the public employees retirement fund and the public employees retirement administrative fund, in the manner prescribed in this chapter. The local government may, if so requested by the [firemen,] volunteers, further contribute any amount by which the sum receivable by [each fireman] each volunteer for any month is less than the amount of his required share of the contribution [.] , but no such further contributions may be placed in a volunteers account with the system or refunded to a volunteer or his employer upon such volunteers termination.
3. In determining the amount of contributions to be paid for such [firemen, such firemen] volunteers, they are assumed to be receiving a wage established by the local government which shall not be less than $150 nor more than $350 per month. Once established, such assumed wage shall not be increased.
4. [A volunteer fireman is eligible for retirement when he has reached the age of 60 years and, exclusive of time prior to entry into the system, has:
κ1975 Statutes of Nevada, Page 1040 (CHAPTER 575, SB 336)κ
(a) Completed 20 years of continuous service as a volunteer fireman; and
(b) Been a member of the system for 10 years.
5.] When any person applies for retirement whose total service includes service as a volunteer fireman, his average salary for retirement purposes shall be the weighted average of:
(a) His average salary as a volunteer fireman, which if his service as such exceeds 3 years shall be calculated upon the 3 highest consecutive years; and
(b) His average salary in other covered employment, which if his service in such employment exceeds 3 years shall be calculated upon the 3 highest consecutive years.
The weight given to the respective average salaries calculated pursuant to paragraphs (a) and (b) shall be proportionate to the length of service in each capacity. A volunteer may request the board to disregard his employment as a volunteer fireman.
[6.] 5. Any dispute over the status of a person as a volunteer fireman under this section shall be [finally decided by a committee comprising:
(a) The state fire marshals advisory board; and
(b) Any five members of the board of directors of the Nevada State Firemens Association, selected by the board.] conclusively determined by the board.
6. A volunteer fireman may purchase all previous service as a volunteer fireman with any volunteer fire department which is a member of the system. To validate such service, the volunteer fireman must pay the systems actuary for a computation of costs and pay the full cost as determined by the actuary. The employing agency may pay the employer share of the cost but shall not be required to do so.
Sec. 36. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Membership of an employee in the system shall terminate upon:
1. The death of a member.
2. The withdrawal of contributions from a members account.
3. Receipt of retirement allowances by a member.
4. Receipt of disability allowances by a member.
Sec. 37. NRS 286.410 is hereby amended to read as follows:
286.410 1. [Except as otherwise provided in this section, each employee who is a member of the system on June 30, 1973, shall contribute 7 percent of the gross compensation earned by him on and after July 1, 1973, as a member of the system. Police officers and firemen, as defined in NRS 286.060, who are members of the system shall contribute 7.5 percent. All persons who become members of the system after June 30, 1973, including police officers and firemen, who are at least 36 years of age but not more than 45 years of age at the time of employment shall contribute 9 percent. All such persons who are 46 years of age or older at the time of employment shall contribute 11 percent. All such persons who are police officers and firemen shall contribute one-half of 1 percent in addition to the contribution rate otherwise applicable. Although all contributions shall be maintained in one fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the aggregate contributions one-quarter of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and three-quarters of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575.
κ1975 Statutes of Nevada, Page 1041 (CHAPTER 575, SB 336)κ
fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the aggregate contributions one-quarter of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and three-quarters of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575. The remaining amount shall be regarded as contributed for all other purposes. The contribution by police officers and firemen shall be prorated in the same manner as other contributions except that one-half of 1 percent shall be for the early retirement provision.
2. Where accumulated leave is paid an employee by one participating employer at the time of termination of services, and the employee enters into a subsequent participating employment prior to the expiration of his accumulated leave, retirement contributions shall be taken only from the greater salary for that period of time in which the new employment and accumulated leave period coincide.
3. Where accumulated leave is paid an employee who is retiring, the employee may elect to have retirement contributions deducted from such payment with credit toward retirement for the period of time represented by such payment, or he may elect to receive such payment without retirement deductions. If the retiring employee does not make retirement contributions upon such payment the employing agency shall not make retirement contributions thereon. An election of retirement contributions pursuant to this subsection can be made only when the retiring employee is entering immediately into retired status and will begin receiving retirement payments. In all other cases where an employee terminates his employment, except in case of death, retirement contributions shall be deducted from such payments.
4. Contract employees in the educational facilities of the state who assume employment with other participating employers during times already covered by their contracts shall not make contributions upon the additional employment. However, retirement contributions may be made upon the greater of the two incomes.
5. From each payroll during the period of his membership, the employer shall deduct the amount of the members contributions and transmit the deduction to the board at intervals designated and upon forms prescribed by the board.
6. No portion of the contribution referred to in this section shall be used for administrative expenses.] The basic employee contributions on and after July 1, 1975, shall be 8.5 percent of compensation for police officers and firemen and 8 percent of compensation for all other members.
2. In addition to the contributions provided in subsection 1, all persons who become members of the system after June 30, 1973, including police officers and firemen, who are at least 36 years of age but not more than 46 years of age at the time of employment shall contribute an additional 2 percent of compensation, and such persons who are 46 years of age or older at the time of employment shall contribute an additional 4 percent of compensation. These additional contributions shall be in effect for any person who establishes membership after July 1, 1973, even if he repays a refund and restores credit earned prior to July 1, 1973.
κ1975 Statutes of Nevada, Page 1042 (CHAPTER 575, SB 336)κ
repays a refund and restores credit earned prior to July 1, 1973. These additional contributions shall be paid by the employee and not by the public employer.
3. From each payroll during the period of his membership, the employer shall deduct the amount of the members contributions and transmit the deduction to the board at intervals designated and upon forms prescribed by the board. Such contributions shall be paid on compensation earned by a member from his first day of service.
4. No portion of the contributions referred to in this section may be used for administrative purposes.
5. Any employee whose position is determined after July 1, 1971, to be eligible under the early retirement provisions for police officers and firemen shall contribute an additional 0.5 percent of compensation earned in this position from July 1, 1971, to July 1, 1975, if employment in this position occurred prior to July 1, 1971, or from date of employment in this position to July 1, 1975, if employment occurs later.
6. The system shall guarantee to each member the return of at least the total employee contributions which the member has made and which was credited to his individual account. These contributions may be returned to the member, his estate or beneficiary or a combination thereof in either monthly benefits, a lump-sum refund or both.
7. Disabled members who are injured on the job and receive industrial insurance benefits for temporary total disability shall remain contributing members of the system for the duration of such benefits. The public employer shall pay the employer contributions on these benefits.
Sec. 38. Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as limited in this section, any participating public employer may pay on behalf of its employees the basic employee contributions required by subsection 1 of NRS 286.410. The state board of examiners shall elect on behalf of all state agencies which have employees within the classified service of the state, as established by chapter 284 of NRS, whether to pay such contributions.
2. Payment of employee contributions shall be:
(a) Made in lieu of equivalent basic salary increases or cost of living increases, or both; or
(b) Counterbalanced by equivalent reductions in employee salaries.
3. The average compensation from which the amount of benefits payable pursuant to this chapter is determined shall be increased by 7 percent with respect to each of the first 36 months in which an employees contributions are made by his public employer, with respect to members who retire on or after July 1, 1975.
4. Employee contributions made by a public employer shall be deposited in either the public employees retirement fund or the police and firemens retirement fund as is appropriate. These contributions shall not be credited to the account of the member and they shall not be refunded to the member upon his termination.
5. The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer shall not be canceled upon the termination of his service.
κ1975 Statutes of Nevada, Page 1043 (CHAPTER 575, SB 336)κ
6. If an employer elects to pay the basic contribution on behalf of its employees, the total contribution shall be, in lieu of the amounts specified in subsection 1 of NRS 286.410 and subsection 1 of NRS 286.450:
(a) For all employees except police officers and firemen, 15 percent of compensation.
(b) For police officers and firemen:
From To Amount
July 1, 1975 June 30, 1976 16 percent
July 1, 1976 June 30, 1977 17 percent
July 1, 1977 June 30, 1978 18 percent
July 1, 1978 continuing 19 percent
Each police officer or fireman shall pay one-half of the amount by which the total basic contribution made on his account exceeds 16 percent. A public employer which has elected to pay the basic contribution on behalf of its employees may, if the respective percentage rates of such contribution are increased above the rates set forth in this section on the effective date of this act, require each employee to pay one-half of the amount of such increase.
7. For the purposes of adjusting salary increases and cost of living increases or of salary reduction, the total contribution shall be equally divided between employer and employee.
8. An election by an employer to begin or to discontinue paying the basic contribution on behalf of its employees becomes effective at the beginning of the fiscal year next after notice of such election is received by the board.
Sec. 39. NRS 286.430 is hereby amended to read as follows:
286.430 [If an employee who is a member of the system and has contributed to the public employees retirement fund is separated for any reason from all service entitling him to membership in the system, he may withdraw from the public employees retirement fund the amount credited to him in his account. A person on leave of absence without pay for 30 or more consecutive days may withdraw his contributions at the conclusion of such period and prior to return to covered employment.] 1. If the service of a member is terminated, he may withdraw his contributions to the public employees retirement fund.
2. A members contributions to the public employees retirement fund or the police and firemens retirement fund may be refunded after the system has received:
(a) A properly completed application for refund;
(b) A notice of termination from such members public employer; and
(c) All contributions withheld from such members compensation.
3. A refund of a members contributions may be made prior to receipt by the system of all contributions withheld from a members compensation, as required in paragraph (c) of subsection 2, if such members public employer certifies as to the amount of contributions withheld but not yet remitted to the system and as to such public employers responsibility for such remittance.
4. Refunds, pursuant to this section, shall be made by check mailed to the address specified by a member in his application for refund.
κ1975 Statutes of Nevada, Page 1044 (CHAPTER 575, SB 336)κ
Sec. 40. NRS 286.440 is hereby amended to read as follows:
286.440 1. Whenever a member, who has previously withdrawn the amount credited to him as provided in NRS 286.430, returns to the service of a public employer participating in the system [within 5 years after separation from previously covered employment, he may:
(a) Redeposit, with interest, all contributions previously withdrawn; or
(b) Elect to start as a new member.
2. If he should elect to repay his withdrawn contributions, an initial payment upon the withdrawn contributions must be made within 6 months after reemployment, or an agreement containing a schedule of payments must be entered into with the board within 6 months after reemployment. The entire amount of the withdrawn contributions must be repaid, with interest, within 5 years after return to employment where the amount is $1,500 or less, and within 8 years where the amount exceeds $1,500.
3. If an employee has lost the right to repayment through failure to elect to repay the withdrawn contributions within 6 months, he may, after 5 consecutive years of contribution following his return to employment, apply to the board for permission to reinstate such previous service, and the board may permit such repayment in a lump sum if interest is paid from the date of withdrawal to the date of repayment at the interest rate being earned by the retirement fund at the date of the boards approval.
4. If the initial payment is not made or if an agreement is not entered into within 6 months after reemployment or if the entire amount of withdrawn contributions, with interest, is not redeposited within one of the periods provided for in subsection 2 or 3, the privilege of redepositing shall be withdrawn and service prior to the time of reemployment shall not be credited for benefits under the system; but if a reemployed member has repaid a portion of his withdrawn contributions at the conclusion of one of the periods provided for in subsection 2 and has not repaid the entire amount of such withdrawn contributions, he shall be given service credit for the service affected thereby in the same proportion that his repaid contributions bear to the total amount of withdrawn contributions. After partial repayment pursuant to subsection 2, a member may complete his repayment within the period and under the conditions prescribed in subsection 3, and receive full credit therefor.
5.] and remains a contributing member for 6 months, he may:
(a) Make repayment in a lump sum plus 6 percent simple interest per annum, from the date he withdrew his contributions to the date of repayment; or
(b) With the approval of the executive officer, enter into an agreement containing a schedule of payments to repay the withdrawn contributions plus interest at 6 percent per annum from the date of withdrawal to the date of repayment. Payments shall not be less than $10 per month.
2. Upon redepositing his withdrawn contributions, with interest, the member shall have restored completely his previous service credit which had been relinquished by the withdrawal of such contributions. If a member fails to perform fully an agreed repayment schedule, he is entitled to service credit for previous service in the same proportion that his repayment of withdrawn contributions bears to the total amount of withdrawn contributions.
κ1975 Statutes of Nevada, Page 1045 (CHAPTER 575, SB 336)κ
service credit for previous service in the same proportion that his repayment of withdrawn contributions bears to the total amount of withdrawn contributions.
[6. A reemployed member, who has elected to repay his withdrawn contributions and is separated from service before any service credit is forfeited under subsection 4, may, if subsequently reemployed, restore all previous service credit by complying with the provisions of this section.
7. If a member returns to covered service at an older entry age, having withdrawn the amount credited to him, and, thereafter, makes provision for repayment as provided in this section, he shall contribute from his gross earnings a percentage appropriate to his reentry age.]
Sec. 41. NRS 286.450 is hereby amended to read as follows:
286.450 1. [Each public employer shall pay into the public employees retirement fund 7 percent of all gross compensation, for members who are not peace officers or firemen, and 7.5 percent for members who are peace officers or firemen, payable on or after July 1, 1971, at intervals prescribed by the board. Although all contributions shall be maintained in one fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the 7-percent contribution one-quarter of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and three-quarters of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575. The remaining amount shall be regarded as contributed for all other purposes. The contribution for peace officers and firemen shall be prorated on the same proportionate scale as the 7-percent contribution except that one-half of 1 percent shall be for the early retirement provision.
2. No portion of the contribution referred to in subsection 1 shall be used for administrative expenses.
3. Credit shall be granted a member of the system for all continuous service which he rendered to the state or to his public employer prior to the time the public employer commences to participate in the system.] On and after July 1, 1975, the employer contributions shall be 8.5 percent of compensation for police officers and firemen and 8 percent for all other members.
2. No portion of the contribution required by this section may be used for administrative purposes.
3. The public employer of any employee whose position is determined after July 1, 1971, to be eligible under the early retirement provisions for police officers and firemen shall contribute an additional 0.5 percent of compensation earned in this position from July 1, 1971, to July 1, 1975, if employment in this position occurred prior to July 1, 1971, or from date of employment in this position to July 1, 1975, if employment occurs later.
Sec. 42. NRS 286.460 is hereby amended to read as follows:
286.460 1. Each [department, board, commission, or other agency of the State of Nevada,] participating public employer which pays [salaries of] compensation to its officers or employees in whole or in part from funds received from sources other than money appropriated from the state general fund, [is authorized and directed to] shall pay public employer contributions, or the proper portion thereof, to the system from the funds of the department, board, commission or agency.
κ1975 Statutes of Nevada, Page 1046 (CHAPTER 575, SB 336)κ
from the state general fund, [is authorized and directed to] shall pay public employer contributions, or the proper portion thereof, to the system from the funds of the department, board, commission or agency.
2. Public employer contributions for [salaries] compensation paid from the state general fund shall be paid directly by each department, board, commission or other agency concerned, and allowance therefor shall be made in the appropriation made for each such department, board, commission or other state agency.
3. Contributions for members covered under special rates (such as [policemen] police officers and firemen) shall be reported in a separate section of the payroll reports to the board in order to insure proper preaudit.
4. All [departments, boards, commissions or other agencies] participating public employers that are required to make payments pursuant to this section shall file payroll reports not later than 15 days after the end of the reporting period, together with the remittance of the amount due to the system. The 15-day limit is extended 1 working day for each legal holiday that falls within the 15-day period and is officially recognized by the public employer. Such payroll reports shall contain information deemed necessary by the board. If the amounts due are not paid at the time provided, a penalty of [5] 6 percent per annum, prorated for the period delinquent, on the unpaid balance due shall be added to the amount to be paid. The notice of penalty assessed for delinquent reports shall be mailed by certified mail to the chief administrator of the delinquent public employer. The public employer shall pay the assessment within 90 days after receipt of the notice or an additional penalty of 1 percent of the assessment per month shall be imposed until paid. Refusal or failure by the public employer to pay the assessment within 12 months after receipt is a misdemeanor on the part of the chief administrator of the delinquent public employer. The retirement board may accept an appeal from a public employer for waiver or reduction of a penalty assessed on account of extenuating circumstances and make any adjustment it deems necessary.
5. As used in this section, reporting period means the inclusive days, as determined by the board, for which members earnings and service credits are reported and certified by participating public employers.
Sec. 43. NRS 286.470 is hereby amended to read as follows:
286.470 1. [Notwithstanding the provisions of NRS 286.320, service] Service as a commissioner of a county participating in the system, or as a councilman or mayor of an incorporated city participating in the system, shall be service to be credited for retirement under this chapter and service credit shall be granted for the entire tenure of office [, provided:
(a) That the] upon the following conditions:
(a) The average monthly salary of a member applying for retirement, including, as any part of his total service, service in the foregoing capacities, shall be calculated upon the [basis] monthly average of all sums earned in covered employment throughout the total service of the individual. When service in any of the foregoing capacities shall be in excess of 3 consecutive years, the monthly average salary for the entire service in such capacity shall be deemed to be the average salary received in the 3 highest salaried consecutive years.
κ1975 Statutes of Nevada, Page 1047 (CHAPTER 575, SB 336)κ
3 consecutive years, the monthly average salary for the entire service in such capacity shall be deemed to be the average salary received in the 3 highest salaried consecutive years.
(b) [That service] Service in any of the foregoing capacities cannot be credited for retirement until the individual member and the public employer have paid to the public employees retirement fund and the public employees retirement administrative fund such sums as would have been paid by the individual and the public employer on behalf of the individual, had membership in the system been granted since July 1, 1948, or such date as the county or incorporated city may have entered the system. If the public employer fails or refuses to pay its share of the sums due under this paragraph, the individual member may pay the public employers share as well as his own share of such sums. He shall be granted the same privileges of payment under the same conditions applicable to the repayment of previously withdrawn contributions by other members of the system. A person who, while a mayor of an incorporated city participating in the system, was by law excluded from membership in the system may, after April 15, 1971, reinstate such service as mayor whether or not he is holding office as mayor on April 15, 1971.
2. Current contributions shall be paid by persons in the foregoing capacities in a manner to be prescribed by the board.
3. Members of the system who have served in the foregoing capacities and who have reached retirement age may waive service in such capacities, at their election, at the time of retirement and elect to have their allowances computed in the same manner as those of other members of the system and under the same provisions as are applicable to other members of the system.
4. The provisions of this chapter and the rules and regulations of the board, when not contradictory to the provisions of this section, shall apply equally to persons in the foregoing capacities.
Sec. 44. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 45 to 49, inclusive, of this act.
Sec. 45. A member shall not be credited with service for:
1. Leave of absence without pay;
2. Overtime work;
3. Employment in a position which does not qualify him for participation in the system; or
4. More than 1 day within a day, 1 month with a month, or 1 year of service in any 12-month period.
5. Any period for which compensation is not received by the member unless specifically otherwise provided in this chapter.
Sec. 46. Except as specifically otherwise provided in this chapter, a member shall not receive credit in the system for service that entitled such member to credit for retirement purposes in any other retirement system operated by the federal or a state government, or any of their agencies or political subdivisions, including the Social Security Act (Act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620, as amended).
Sec. 47. Except as provided in NRS 286.470 and section 48 of this act, members shall be credited with service as follows:
κ1975 Statutes of Nevada, Page 1048 (CHAPTER 575, SB 336)κ
1. Service prior to July 1, 1971, shall be credited on the basis of actual hours worked.
2. Service from July 1, 1971, to June 30, 1975, inclusive, shall be credited on the basis of actual hours worked, except that a member shall receive service credit for a full year if:
(a) His service during such year was on the basis of 20 or more hours per week; and
(b) He earned at least $3,600 in such year for his service.
3. Service on and after July 1, 1975, shall be credited on the basis of days, months or years actually worked by a member, except that intermittent service shall be credited to a member on the basis of 1 day of service for each 8 hours worked, and portions of a day shall be prorated.
4. Part-time employees who regularly work at least half time for a full year with a minimum of 720 hours worked are entitled to a full year of credit for retirement eligibility only, with credit for actual service for determination of benefit being granted on actual time worked.
5. Any person originally employed by the University of Nevada on a 10-month contract prior to June 30, 1975, is entitled to an additional .15 year of service credit for that year if the member was paid a full 12-month salary during the 10-month period and terminates his service at the end of a fiscal year. This adjustment applies only to the first time a person is employed by the University of Nevada.
Sec. 48. Each member who is employed by a school district is credited with service as follows:
1. Service prior to July 1, 1971, is credited for actual time worked based on the contract year. This time is calculated from the information reflected in the employment document, such as full time, half time or the like, and on total contributions made.
2. Service from July 1, 1971, to June 30, 1975, is credited on the basis of a full year if the member was employed 800 hours per year and earned at least $300 per month.
3. Service after July 1, 1975, shall be credited on the basis of a full year if the member works full time for the full school year.
4. Employment for a part of a school year shall be credited on a ratio of one and one-third days for each day worked, but credit shall not be given in advance or until the appropriate period has expired.
5. A full year of service is not credited until the full 12-month period has expired.
Sec. 49. 1. For the purpose of maintaining the individual accounts of members, the board may convert service credit from increments of days, months and years to hundredths of a year.
2. A member shall not be credited with service until after the period to be credited to him has expired.
Sec. 50. NRS 286.510 is hereby amended to read as follows:
286.510 1. [After July 1, 1949, a police officer or a fireman who is a member of the system, who has attained the age of 55 years, and who has completed a minimum of 10 years of credited service, may be retired from service; and thereafter, except as otherwise provided in this chapter, the date of his retirement shall be the 1st day of the calendar month in which application for retirement shall be filed with the board or the last day of compensation, whichever is later.
κ1975 Statutes of Nevada, Page 1049 (CHAPTER 575, SB 336)κ
which application for retirement shall be filed with the board or the last day of compensation, whichever is later.
2. After July 1, 1949, any other employee who is a member of the system, who has attained the age of 60 years, and who has completed a minimum of 10 years of credited service, may be retired from service; and thereafter, except as otherwise provided in this chapter, the date of his retirement shall be the 1st day of the calendar month in which application for retirement shall be filed with the board or the last day of compensation, whichever is later.
3. After July 1, 1971, a police officer or a fireman who is a member of the system and who has completed 20 years of continuous service and has attained the age of 50 years, or any other employee who is a member of the system, who has completed 30 years of continuous service, and who has attained the age of 55 years, shall be retired upon acceptance by the board of his written application to retire.] Except as provided in subsection 2, a member of the system is eligible to retire at age 60 if he has at least 10 years of service, and at age 55 if he has at least 30 years of service.
2. A police officer or fireman is eligible to retire at age 55 if he has at least 10 years of service, and at age 50 if he has at least 20 years of service.
3. Eligibility for retirement, as provide in this section, does not require the member to have been a participant in the system at the beginning of his credited service.
4. Any member who has the years of creditable service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection shall be reduced by 6 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.5 percent for each additional month that the member is under the appropriate retirement age. Any option selected under this subsection shall be reduced an amount proportionate to the reduction provided in this subsection for the unmodified benefit. The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.
Sec. 51. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 52 to 54, inclusive, of this act.
Sec. 52. 1. A monthly service retirement allowance shall be determined by multiplying a members average compensation by a percentage based on his years of service. Such percentage shall be:
(a) Two and one-half percent of a members average compensation for each year of service for the first 20 years; and
(b) One and one-half percent of a members average compensation for each year of service for the 21st through the 30th years, with a maximum allowance of 65 percent of a members average compensation.
2. For the purposes of this section average compensation means the average of a members 36 highest salaried consecutive months within his last 10 years of service.
Sec. 53. 1. Applications for service retirement allowances must be submitted to the offices of the system on forms approved by the executive officer.
κ1975 Statutes of Nevada, Page 1050 (CHAPTER 575, SB 336)κ
officer. The form shall not be deemed filed unless it contains the members selection of the retirement plan contained in section 52 of this act, or one of the optional plans provided in NRS 286.590.
2. For purposes of this chapter, retirement becomes effective on:
(a) The day immediately following the applicants last day of employment; or
(b) The day the application is filed with the system,
whichever is later.
Sec. 54. 1. If the legislature appropriates sufficient moneys from the general fund, there shall be an increase of $50 per month in the monthly allowances provided by this chapter for:
(a) Persons who began receiving disability or service retirement allowances prior to July 1, 1963; and
(b) Beneficiaries of persons described in subsection 1, if any such beneficiary is receiving a monthly allowance pursuant to the provisions of this chapter relating to beneficiaries.
2. If the legislature does not appropriate sufficient moneys from the general fund to pay for the $50 per month increase, retirees and beneficiaries listed in this section are entitled to receive a post-retirement allowance as provided in NRS 286.575 for retirees and beneficiaries who began drawing benefits during the period from July 1, 1963, to December 31, 1963.
Sec. 55. (There is no section 55.)
Sec. 56. NRS 286.575 is hereby amended to read as follows:
286.575 1. Except as otherwise provided in subsections 2 and 3:
(a) A post-retirement allowance shall be paid from the public employees retirement fund to each member receiving a disability allowance or service retirement allowance under the provisions of this chapter on June 30, 1963, and to each member who first becomes entitled to receive any such disability allowance or service retirement allowance on and after July 1, 1963, as follows: On the 1st day of July in each year following June 30, 1963, or the calendar year in which any monthly disability allowance or service retirement allowance was first paid, whichever last occurs, there shall be added to such monthly disability allowance or service retirement allowance and paid to the member monthly thereafter an amount equivalent to 1.5 percent of the amount of such monthly disability allowance or service retirement allowance as originally computed, approved and paid.
[2.] (b) Beginning on July 1, 1965, each member who retired before January 1, 1962, is entitled to receive a post-retirement allowance increase of 1.5 percent of the amount of his monthly disability allowance or service retirement allowance, as originally computed, approved and paid, for each calendar year following the calendar year of his retirement and preceding the calendar year 1963. [Each member whose disability allowance or service retirement allowance is based upon the minimum allowance provisions of NRS 286.540 and 286.550 is entitled to receive an increase based upon such minimum allowances.]
Each member whose allowance was increased after his retirement by payments for years of service in excess of 20 years is entitled to receive an increase based upon his adjusted allowance.
κ1975 Statutes of Nevada, Page 1051 (CHAPTER 575, SB 336)κ
[3. Reserve calculations shall provide for a post-retirement reserve of 14 percent of the contributions received for each retiring member for the period of July 1, 1963, to and including the date of retirement.]
2. Beginning on July 1, 1975, a post-retirement increase shall be paid from the public employees retirement fund and the police and firemens retirement fund to each person who receives monthly service retirement, disability or survivor benefit allowances as follows:
Period of beginning receipt Increase of base benefit
July 1 to December 31, 1963 5 percent
Calendar year 1964 4.75 percent
Calendar year 1965 4.5 percent
Calendar year 1966 4.25 percent
Calendar year 1967 4 percent
Calendar year 1968 3.75 percent
Calendar year 1969 3.5 percent
Calendar year 1970 3.25 percent
Calendar year 1971 3 percent
Calendar year 1972 2.75 percent
Calendar year 1973 2.5 percent
Calendar year 1974 2.25 percent
and beginning on July 1, 1976, an additional increase of the same amount shall be paid to each person.
3. Beginning July 1, 1976, a post-retirement increase of 2 percent shall be paid to every such member who began receiving benefits during the calendar year 1975.
4. Retirement allowances provided in subsection 1 shall not be increased on or after July 1, 1975, but increases provided under these subsections prior to July 1, 1975, shall be continued until the death of the benefit recipient or beneficiary.
5. Post-retirement increases shall be considered a part of a retirees monthly benefit and included in the benefit paid to a survivor under one of the optional plans provided in NRS 286.590.
Sec. 57. NRS 286.590 is hereby amended to read as follows:
286.590 The alternatives to an unmodified service retirement allowance are as follows:
1. [Option 1 consists of a reduced service retirement allowance payable during the members life, with the provisions that at his death a lump sum equal in the amount to the difference between his accumulated contributions at the time of his retirement and the sum of the retirement allowance payments actually made to him during his life be paid to such person, if any, as he nominates by written designation duly acknowledged and filed with the board, or otherwise be paid according to the provisions of this chapter for disposal of an amount credited to a member in his account at the time of his death in the event that he designates no beneficiary to receive the amount or that no beneficiary is able to receive the amount. The right to elect this option shall terminate on July 1, 1961. Such termination shall not affect the rights or benefits vested in any member, or any beneficiary of a member, who elected this option prior to July 1, 1961.
κ1975 Statutes of Nevada, Page 1052 (CHAPTER 575, SB 336)κ
2.] Option 2 consists of a reduced service retirement allowance payable during the members life, with the provision that it shall continue after his death for the life of the beneficiary which he nominates by written designation duly acknowledged and filed with the board at the time of [election] retirement should the beneficiary survive him.
[3.] 2. Option 3 consists of a reduced service retirement allowance payable during the members life, with the provision that it continue after his death at one-half the rate paid to him and be paid for the life of the beneficiary which he nominates by written designation duly acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
[4.] 3. Option 4 consists of a reduced service retirement allowance payable during the members life, with the provision that it shall continue after his death for the life of his [spouse,] beneficiary, whom he nominates by written designation duly acknowledged and filed with the board at the time of the election, should his [spouse] beneficiary survive him, but no payment shall be made to the surviving [spouse] beneficiary prior to the attainment by the surviving [spouse] beneficiary of age 60. If a beneficiary designated [hereunder] under this option should die after the date of the members death but before attaining age 60 [and there has been no payment of benefits to either member or beneficiary, the refund of the contributions of the deceased member shall be paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no such surviving children, to the estate of the deceased beneficiary. If there has been payment of benefits to either the member or the beneficiary no refund shall be made.] , the contributions of the deceased member which have not been returned to him or his beneficiary shall be paid to the estate of the deceased beneficiary.
[5.] 4. Option 5 consists of a reduced service retirement allowance payable during the members life, with the provision that it shall continue after his death at one-half the rate paid to him and be paid for the life of his [spouse,] beneficiary, whom he nominates by written designation duly acknowledged and filed with the board at the time of the election, should his [spouse] beneficiary survive him, but no payment shall be made to the surviving [spouse] beneficiary prior to the attainment by the surviving [spouse] beneficiary of age 60. If a beneficiary designated hereunder should die after the date of the members death but before attaining age 60 [and there has been no payment of benefits to either member or beneficiary, the refund of the contributions of the deceased member shall be paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no such surviving children, to the estate of the deceased beneficiary. If there has been payment of benefits to either the member or the beneficiary no refund shall be made.] , the contributions of the deceased member which have not been returned to him or his beneficiary shall be paid to the estate of the deceased beneficiary.
[6.] 5. If a member should enter into retirement status under one of the optional plans described in this section and the duly designated beneficiary should predecease the member, the member may apply to the board [for payment of an unconverted allowance, which allowance shall be reduced by the actuarial equivalent of the protection previously received.
κ1975 Statutes of Nevada, Page 1053 (CHAPTER 575, SB 336)κ
the board [for payment of an unconverted allowance, which allowance shall be reduced by the actuarial equivalent of the protection previously received. Such adjusted allowance shall become effective on the 1st day of the month in which application for adjustment is received or on the 1st day of the month following the death of the beneficiary, whichever is later.] to retract his elected option and to receive the maximum allowance permitted, as determined pursuant to the provisions of section 52 of this act. The benefit shall be adjusted from the selected option to the maximum benefit beginning on the first of the month immediately following the death of the beneficiary.
Sec. 58. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in NRS 286.600 and 286.610, deferred protection means the benefit which may be elected by a member during employment to provide an allowance to his beneficiary if the member dies while employed and before retirement.
Sec. 59. NRS 286.600 is hereby amended to read as follows:
286.600 1. [A] Until July 1, 1975, a member of the system who has become eligible for a service retirement allowance by virtue of attained age and required service may [elect to protect] select deferred protection for a beneficiary under the terms and conditions of one of Options 2 to 5, inclusive, as described in NRS 286.590 and continue in employment.
2. The allowances payable to the designated beneficiary under the options shall be calculated upon the conditions of service and average salary obtaining on the 1st day of the month in which the application for protection, upon a form prescribed by the board, shall be received in the office of the board, except where a member files for calculations under this section or NRS 286.610, and dies within a 60-day period after filing, in which case his election shall be effective as of the date of death.
3. Should the member die after the election has become effective, the designated beneficiary, if surviving, shall become eligible for an allowance under the terms and conditions of the elected option.
4. The allowance payable to the beneficiary shall be recalculated under the conditions of service and average salary of the member existing at the time of his death and contributions shall not be refundable in any part. The recalculated allowance shall not be less than the original calculation.
5. If the beneficiary should predecease the member, the member may name a beneficiary under NRS 286.660 to receive his retirement contributions in case of his death prior to actual entry into retirement.
6. Should the member enter into actual retirement within 12 months of the effective date of protection to a beneficiary, he shall receive his allowance under the terms and conditions of the option previously selected, but calculations thereunder shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall not be less than the original calculation.
7. Should the member enter into retirement status at a date in excess of 12 months after the effective date or protection of a beneficiary, he shall be permitted to reelect a retirement option, with a change of beneficiary, if desired, and calculations thereunder shall be made upon the conditions of service and average salary obtaining upon the date of retirement.
κ1975 Statutes of Nevada, Page 1054 (CHAPTER 575, SB 336)κ
shall be permitted to reelect a retirement option, with a change of beneficiary, if desired, and calculations thereunder shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received, based upon ages as of the original date of protection, if the member chooses a plan other than that originally selected or names a beneficiary other than one previously designated hereunder.
8. Protection under this section may be extended to only one person prior to actual entry into retirement, but if the originally named beneficiary should die prior to the entry of the member into actual retirement a new beneficiary may be named under an optional plan. A charge shall be made for the protection previously extended to the deceased beneficiary which shall be the actuarial equivalent of the protection previously received and the optional payments for the new beneficiary shall be calculated under regular procedures.
Sec. 60. NRS 286.610 is hereby amended to read as follows:
286.610 1. [A] Until July 1, 1975, a member with 10 or more years of service but who is not yet eligible for retirement by reason of age may [elect to protect] select deferred protection for a beneficiary under the terms and conditions of one of Options 2 to 5, inclusive, as described in NRS 286.590.
2. The protection to the beneficiary shall be calculated upon the members conditions of service and average salary obtaining on the 1st day of the month in which the application for such protection, upon a form prescribed by the board, shall be received in the office of the board.
3. Should the member die after the election has become effective, the designated beneficiary, if surviving, shall become eligible for receipt of an allowance under the elected plan at such time as the deceased member would have reached retirement age or, if either Option 4 or Option 5 has been elected, under the terms and conditions of such option, whichever is later. If the beneficiary does not survive to the date upon which the deceased member would have reached retirement age, or to such date as the beneficiary would be otherwise eligible for an allowance, the refund of the contributions of the deceased member shall be paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no such surviving children, to the estate of the deceased beneficiary. The anticipated retirement age shall be that age upon which the member could have retired in consideration of service credited at the time of death.
4. Should the member die after the effective date of protection, the allowance payable to the designated beneficiary under the elected option shall be recalculated under the conditions of service and average salary obtaining as of the date of such death.
5. If the beneficiary should die during the continued employment of the member, the member may designate a beneficiary under NRS 286.660 to receive his total retirement contributions in case of death prior to actual entry into retirement.
6. Protection under optional plans may be extended to only one person prior to actual entry into retirement status, but if the originally named beneficiary should die prior to the entry of the member into actual retirement a new beneficiary may be named under an optional plan.
κ1975 Statutes of Nevada, Page 1055 (CHAPTER 575, SB 336)κ
beneficiary should die prior to the entry of the member into actual retirement a new beneficiary may be named under an optional plan. A charge shall be made for the protection previously extended to the deceased beneficiary which shall be the actuarial equivalent of the protection previously received and the optional payments for the new beneficiary shall be calculated under regular procedures.
7. Should the member enter into actual retirement status within 12 months of the effective date of protection to a beneficiary, he shall receive his allowance under the terms and conditions of the option previously selected, but the allowance payable under the option shall be recalculated upon the conditions of service and average salary obtaining as of the date of retirement, and the recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received, based upon ages when the member is first eligible to retire.
8. Should the member enter into actual retirement status at a date in excess of 12 months after the effective date of protection, he may retire under the terms and conditions of the plan previously selected or he may be permitted to reselect a retirement plan, with a change of beneficiary if desired, and calculations in every case shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall be reduced in every case by the actuarial equivalent of the protection previously received, based upon ages when the member is first eligible to retire. If the member does not change selection of retirement option or beneficiary, the period of protection chargeable to him ceases on the date he is first eligible to retire. If the member changes either the selection of retirement allowance or beneficiary, the period of protection chargeable to him ceases on the date of the actual retirement.
Sec. 61. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any member who has elected one of the plans providing protection for beneficiaries under NRS 286.600 or 286.610 prior to July 1, 1975, and who has not yet retired, may cancel such election prior to January 1, 1976, without any reduction in his subsequent retirement allowances on account of charges for protection previously granted under NRS 286.600 or 286.610.
Sec. 62. NRS 286.620 is hereby amended to read as follows:
286.620 1. A member of the system who has [had 10] 5 years or more of [continuous service, is not eligible for a service retirement allowance, and] service and who becomes totally unable to work due to injury or mental or physical illness will receive a disability retirement allowance if:
(a) His employment is terminated because of such disability;
(b) He is in the employ of a participating member at the time of incapacitation for service; [and
(b)] (c) He has been in such employ for a minimum period of 6 months prior to such incapacitation unless such incapacitation [shall be] is the result of injuries incurred in the course of such employment.
(d) He files official application for disability retirement with the system prior to termination of employment with the public employer.
κ1975 Statutes of Nevada, Page 1056 (CHAPTER 575, SB 336)κ
(e) The public employer files an official statement certifying the members employment record, work evaluations, record of disability and absences that have occurred because of the disability.
(f) The immediate supervisor of the member files an official statement regarding the disability incident, effect upon the work of the member after the disability, job functions that can no longer be performed because of the disability, and whether or not there are related activities that can be performed by the member.
2. If 6 months or more of employment immediately precede the incapacitation, such injury or mental or physical illness need not have arisen out of and in the course of employment.
3. Such disability retirement allowance shall be calculated in the same manner and under the same conditions as provided for service retirement calculations in [NRS 286.550,] section 52 of this act, except that age is not a condition of eligibility [.] and that the allowance shall be reduced by the amount of any other benefit received from any source on account of the same disability:
(a) If such benefit is provided or was purchased by the expenditure of public moneys; and
(b) To the extent that the total benefit would otherwise exceed his average compensation.
4. [No payments under such disability retirement allowance shall be paid for the first 90 days, but the initial payment shall be retroactive to the last day of compensation for services received by the member.
5. Should death occur during a period of disability any beneficiary named by the member shall receive the surplus of retirement contributions made by the member over the benefits received by the member.
6. Upon attainment of service retirement age while in receipt of a disability retirement allowance, the member shall be regarded as receiving service retirement under NRS 286.520.] A disability retiree may name a beneficiary and select a retirement option as provided in NRS 286.590.
5. A member may apply for disability retirement even if he is eligible for regular retirement.
Sec. 63. NRS 286.630 is hereby amended to read as follows:
286.630 1. [The board shall require medical examinations of all applicants for retirement for disability under such general rules as it prescribes, and may provide for the discontinuance of any disability retirement allowance and the forfeiture of all rights under this chapter for any person who refuses to submit to such an examination.
2. The decision of the board as to eligibility for disability retirement allowances and as to discontinuance of disability retirement allowances shall be final.] The board shall designate medical advisers who are specialists in their respective fields of medicine and who maintain their medical practices in the Reno-Carson City or Las Vegas areas. As directed by the board, the medical advisers shall conduct medical examinations, make recommendations and consult with the board concerning applications for disability allowances.
2. The board shall require medical examinations of all applicants for disability retirement allowances.
κ1975 Statutes of Nevada, Page 1057 (CHAPTER 575, SB 336)κ
disability retirement allowances. Such examinations shall at least consist of:
(a) An examination at an applicants expense and by his personal physician who shall submit a written statement to the board describing the nature and extent of the applicants disability; and
(b) A review of the written statement from the applicants physician by the boards medical advisers.
If the medical advisers deem it necessary, the advisers, or any one of them, may conduct an additional medical examination of the applicant. The costs of such additional examination shall be paid from the public employees retirement administrative fund.
3. The board may adopt rules or regulations providing for medical examinations of persons receiving disability retirement allowances. Expenses for such medical examinations shall be paid from the public employees retirement administrative fund. If any person receiving such an allowance refuses a reasonable request from the board to submit to a medical examination, the board may discontinue the payment of his allowance and may further provide for the forfeiture of all allowances accruing during such discontinuance.
4. A member may apply to the board for one reconsideration of a decision concerning the eligibility of an applicant for a disability retirement allowance or the discontinuance of such an allowance. If no application for rehearing is made or if such an application is denied, every such decision is subject only to judicial review in the Nevada Administrative Procedure Act.
Sec. 64. NRS 286.640 is hereby amended to read as follows:
286.640 1. When a disability beneficiary is determined by the board to be not incapacitated to the extent that he is disabled from performance of duty, his disability allowance shall be canceled forthwith. [Should he be reinstated in the service of a participating employer he shall be credited with the amount which stands to his credit in his account in the public employees retirement fund at the time of his retirement for disability and he shall be credited with the number of years of continuous service with which he was credited at the time of his retirement for disability.
2. Such a person who for any reason is not reinstated in the service of a public employer participating in the system shall receive separation benefits as provided in this chapter.]
2. A disability retiree whose benefit is canceled may apply for a refund of unused contributions or suspend his monthly benefit until eligible for service retirement.
Sec. 65. NRS 286.650 is hereby amended to read as follows:
286.650 Whenever a member [shall return] returns to employment with a participating employer after having received a disability retirement allowance, [such person, if he should enter into service retirement within 2 years after such return, shall receive the unmodified service retirement allowance and shall not be permitted an election of optional plans except as in Option 1.] he shall again become a contributing member of the system and his service credit at time of disability retirement shall be restored.
κ1975 Statutes of Nevada, Page 1058 (CHAPTER 575, SB 336)κ
restored. His employee contributions, which shall be equivalent to his total employee contributions at time of disability less 15 percent of total disability benefit paid, shall be returned to his individual member account. The member shall retire under the same retirement plan previously selected as a disability retiree if he returns to disability or elects service retirement within 1 year after his return to employment.
Sec. 66. NRS 286.671 is hereby amended to read as follows:
286.671 As used in NRS 286.672 to 286.6791, inclusive:
1. Child [includes a legally adopted child or a child of a deceased member.] means an unmarried person under 18 years of age who is the issue or legally adopted child of a deceased member.
2. [Member does not include a participant in the system who has entered into retirement.
3. Widow includes the surviving husband or wife of a deceased member who is found by the board to have been dependent upon such member for at least 50 percent of his support during the 6 months immediately preceding the death of such member, and who was married to such member for at least 2 years immediately preceding the death of such member.] Dependent parent means the surviving parent of a deceased member who was dependent upon the deceased member for at least 50 percent of his support for at least 6 months immediately preceding the death of the deceased member.
3. Spouse means the surviving husband or wife of a deceased member who had been married to the deceased member for at least 2 years immediately preceding the death of such deceased member.
Sec. 67. NRS 286.672 is hereby amended to read as follows:
286.672 1. If a deceased member has had 2 years of accredited contributing service in the 2 1/2 years immediately preceding his death and not less than 6 months of accredited contributing service in the 7 months immediately preceding his death, [or if he was receiving at the time of his death a disability allowance under NRS 286.620,] certain of his dependents [shall be] are eligible for payments as provided in NRS 286.671 to 286.6791, inclusive. If the death of such member resulted from a mental or physical condition which required him to leave [active service, such eligibility] the employ of a participating public employer, his eligibility pursuant to the provisions of this section shall extend for 18 months after such [member left active service.] termination.
2. If the death of a member occurs while he is on leave of absence granted by his employer for further training, and if he met the requirements of subsection 1 at the time such leave began, certain of his dependents [shall be] are eligible for payments as provided in subsection 1.
Sec. 68. NRS 286.673 is hereby amended to read as follows:
286.673 [Every unmarried] 1. Except as limited by subsection 2, every child of a deceased member [under the age of 18 years may] is entitled to receive the sum of [$75] $150 per month [. But] , except that if there are three or more children, the maximum aggregate amount payable on behalf of such children may not exceed [$210 per month, and such sum may be paid in equal shares to each of such children.] $450 per month. Payments under this section shall begin on the first day of the month following the death of the member and shall terminate with respect to any child upon his adoption, death or marriage, or upon his attaining the age of 18 years.
κ1975 Statutes of Nevada, Page 1059 (CHAPTER 575, SB 336)κ
of the month following the death of the member and shall terminate with respect to any child upon his adoption, death or marriage, or upon his attaining the age of 18 years. These benefits may be extended from age 18 up to age 23 if the child remains a full-time student in a bona fide high school, vocational technical school, college or university. The board shall establish requirements for determining whether or not the child is a full-time student and may discontinue benefits under this section at any time that the child fails to comply. Benefits under this section shall not be reestablished for a child once they have been legally canceled. If a financially dependent child is adjudged physically or mentally incompetent by the board, whose decision [shall be] is final, payments may be continued past the age of 18 years but may be terminated by the board at any time upon determination by the board that such dependence and incompetency no longer exist. Payments under this section may be made directly to the surviving parent or to a legally appointed guardian of a child. [No child may receive payments under more than one entitlement.]
2. The child of a member who died before the effective date of this act is entitled to receive only $75 per month, and the maximum aggregate amount payable to three or more such children is $210 per month.
Sec. 69. NRS 286.674 is hereby amended to read as follows:
286.674 [The widow] 1. Except as limited by subsection 2, the spouse of a deceased member [with 2 or more years of accredited service who has been designated by such member as a beneficiary entitled to receive his retirement contributions in case of death, and who has been found by the board to be incapable of gainful employment, may] is entitled to receive the sum of [$100] $200 per month. Such payments shall begin upon the first day of the month immediately following the death of such member, and shall cease upon the death or remarriage of [his widow, or upon a determination by the board that such widow is capable of gainful employment. All decisions of the board shall be final. If payments are not granted or if they] such spouse. If payments cease before the total amount of contributions made by the deceased member have been received by [his widow,] the spouse, the surplus of contributions over payments received shall be paid to the [widow. Benefits under this section shall not be renewable following termination.] spouse.
2. The spouse of a member who died before the effective date of this act is entitled to receive only $100 per month and this only if he received at least 50 percent of his support from the member during the 6 months immediately preceding the members death.
3. The benefits paid pursuant to this section are in addition to any benefits paid pursuant to NRS 286.673.
Sec. 70. NRS 286.676 is hereby amended to read as follows:
286.676 1. Except as limited by subsection 2, the spouse of a deceased member who was fully eligible to retire but had not retired is entitled to receive a monthly allowance equivalent to that provided by Option 3 in NRS 286.590. For purposes of applying the provisions of Option 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under Option 3. The benefits provided by this subsection shall be paid to the spouse for the remainder of such spouses life.
κ1975 Statutes of Nevada, Page 1060 (CHAPTER 575, SB 336)κ
paid to the spouse for the remainder of such spouses life. The spouse is entitled to receive the benefits provided by this section or by NRS 286.674, whichever provides the greater benefit.
2. The benefit payable to the spouse of a member who died before the effective date of this act is limited to a spouse who received at least 50 percent of his support from the member during the 6 months immediately preceding the members death and to the amounts provided in this subsection. If, at the time of his death, such a member had 15 or more years of service, his [widow,] spouse, upon attaining the age of 60 years, may receive the sum of $100 per month or 50 percent of the average salary received by the deceased member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. If, at the time of his death, a member had 20 or more years of service and did not elect an optional retirement plan as offered in this chapter, his [widow,] spouse, upon attaining the age of 60 years, may receive $125 per month or 50 percent of the average salary received by such member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. Payments, or the right to receive payments, shall cease upon the death or remarriage of the [widow.] spouse. Benefits under this section shall not be renewable following termination.
Sec. 71. NRS 286.677 is hereby amended to read as follows:
286.677 [If] 1. Except as limited by subsection 2, if payments or refunds are not made under the provisions of NRS 286.673 to 286.676, inclusive, the dependent parent of a deceased member [who received at least 50 percent of his support from such member may] is entitled to receive [$75] $150 per month, and if there are two such dependent parents [the sum of $150 per month may be paid in equal shares to each of such parents.] each is entitled to receive $150 per month. Payments to any parent under this section [may be made under only one entitlement and] shall cease upon the death or remarriage of such parent.
2. A dependent parent of a member who died before the effective date of this act is entitled to receive only $75 per month.
Sec. 72. NRS 286.678 is hereby amended to read as follows:
286.678 Any beneficiary eligible for payments under the provisions of NRS 286.674, [286.675,] 286.676 or 286.677 may elect to waive payment of a monthly allowance and to receive instead a lump-sum refund of all contributions to the public employees retirement fund or the police and firemens retirement fund made by a deceased member, but if more than one person is eligible for benefits on account of the contributions of any one deceased member, no such lump-sum payment may be made.
Sec. 73. NRS 286.6793 is hereby amended to read as follows:
286.6793 All retirement or survivor benefits offered pursuant to this chapter [shall] become vested on the date that the employee completes 10 years of creditable service or becomes entitled to begin receiving such benefits or on the date of his death, whichever event occurs first, and all such benefits [shall] become fixed by the provisions of this chapter as they read on that date. Unless otherwise specifically provided by the amendatory act, any change in the provisions of this chapter [shall be] is retroactive for all service of any member prior to the date of vesting [.] , but no such change may impair any vested benefit.
κ1975 Statutes of Nevada, Page 1061 (CHAPTER 575, SB 336)κ
Sec. 74. NRS 286.680 is hereby amended to read as follows:
286.680 1. [Notwithstanding] In addition to the provisions of chapter 355 of NRS, [or of any other law,] the board may invest and reinvest the moneys in its funds as provided in [NRS 286.690 to 286.800, inclusive,] NRS 286.680 and 286.682 and section 77 of this act, and may employ investment counsel for such purpose. [The provisions of NRS 286.680 to 286.800, inclusive, shall not be deemed to prevent the board from making investments in accordance with the provisions of chapter 355 of NRS.] The board may also employ investment monitoring services, trust audit services and other related investment services which it deems necessary to effectively invest and safeguard the moneys in the systems funds.
2. No person, firm or corporation engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as agent for the board [shall be] is eligible for employment as investment counsel for the board.
3. The board shall not engage investment counsel unless:
(a) The principal business of the person, firm or corporation selected by the board consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of funds on the basis of the individual needs of each client;
(b) The principal ownership and control of such person, firm or corporation rests with individuals who are actively engaged in such business;
(c) Such person, firm or corporation and its predecessors have been continuously engaged in such business for a period of 10 or more years;
(d) Such person, firm or corporation is registered as an investment adviser under the laws of the United States of America as from time to time in effect;
(e) The contract between the retirement board and the investment counsel is of no specific duration and is voidable at any time by either party; and
(f) Such person, firm or corporation is a member of the Investment Counsel Association of America.
4. The expense [of such employment] of obtaining services pursuant to the provisions of this section shall be paid out of the public employees retirement fund [.] and the police and firemens retirement fund in proportion to their respective assets.
5. [The board may designate the bank or banks which may have the physical custody and control of the various investments authorized in NRS 286.690 to 286.800, inclusive. All costs incurred for the services of a custodian bank shall be paid out of the public employees retirement fund.] The board shall tender invitations to all Nevada banks for commercial banking and trust services, consider proposals submitted by interested banks, and consider contracts for commercial banking and trust services at least every 3 years. The board shall tender invitations for proposals for investment counseling services, consider proposals submitted by interested investment counsel who qualify under this chapter, and consider contracts for investment counseling services at least every 3 years. These contracts can be totally awarded to one firm or in part to several firms, whichever is more advantageous to the system.
κ1975 Statutes of Nevada, Page 1062 (CHAPTER 575, SB 336)κ
firms, whichever is more advantageous to the system. This subsection does not prohibit the board from awarding commercial banking, trust service or investment counseling contracts for shorter durations, or inclusion of necessary cancellation clauses or other stipulations in such contracts.
6. The board may accept due bills from brokers upon delivery of warrants if the certificates representing such investments are not readily available.
Sec. 75. NRS 286.682 is hereby amended to read as follows:
286.682 [1.] The board may invest [and reinvest] the moneys in its funds in [securities and stock recommended by investment counsel whether or not the securities or stock are expressly authorized or qualify under chapter 286 of NRS if, in the opinion of the investment counsel, the investment conforms to the overall investment objectives of the board, subject to the standard set forth in subsection 2.
2. In investing in securities and stock under this section for the board, investment counsel shall exercise the judgment and care under the circumstances then prevailing which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds considering the probable income as well as the probable safety of their capital. Within the limitation of the foregoing standard there may be acquired and retained as investments of the board under this section] every kind of investment which men of prudence, discretion and intelligence acquire or retain for their own account.
Sec. 75.5. NRS 286.808 is hereby amended to read as follows:
286.808 The board of regents of the University of Nevada System shall contribute on behalf of each participant an amount to [7] 8 percent of the participants gross compensation during continuance of employment. Each participant shall also contribute [7] 8 percent of his gross compensation, but the contributions required by this section shall not be less than those authorized by [subsection 1 of] NRS 286.410 and [subsection 1 of] NRS 286.450. Payment of contributions required by this section shall be made by the disbursing officer for the university to the designated company for the benefit of each participant.
Sec. 76. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 77 and 78 of this act.
Sec. 77. 1. The board may invest the moneys in its funds in real property, real property mortgages and leases of real property if the board first obtains appraisals and other studies by qualified professionals establishing the value of the property and the probable return on such proposed investment.
2. The board shall not invest in real property mortgages which exceed 70 percent of the appraised value of the real property secured by the mortgage.
3. The board may enter into contracts as it deems necessary to execute and manage investments made pursuant to this chapter.
Sec. 78. Any person who knowingly makes a false statement, certifies to an incorrect document or withholds information for the purpose of receiving or assisting another person in receiving benefits under this chapter to which he is not entitled is guilty of a gross misdemeanor.
κ1975 Statutes of Nevada, Page 1063 (CHAPTER 575, SB 336)κ
Sec. 79. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Officer means:
(1) A [police officer as defined in NRS 286.060;] peace officer as defined in NRS 169.125;
(2) A person employed in a full-time salaried occupation of firefighting for the benefit or safety of the public; or
(3) A member of a volunteer fire department.
2. Any person convicted of a battery shall be punished:
(a) If the battery is not committed with a deadly weapon, and no physical injury to the victim results, for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim does result, for a gross misdemeanor.
(c) If the battery is committed upon an officer and:
(1) The officer was performing his duty;
(2) The officer suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer, for a felony.
(d) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years.
Sec. 80. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each person who receives a benefit from the legislators retirement fund is entitled to an additional benefit of 1.5 percent of his base benefit for each full year during which he has received benefits before July 1, 1975. This additional benefit shall be paid on and after July 1, 1975.
2. Beginning on July 1, 1975, each such recipient is entitled to receive cost-of-living increases, applied to his benefit augmented pursuant to subsection 1, equivalent to those provided for retirees and beneficiaries of the public employees retirement system.
Sec. 81. NRS 218.2379 is hereby amended to read as follows:
218.2379 1. Within a reasonable time after July 1, 1967, the board shall notify all incumbent legislators in writing concerning credit for service, other than legislative service, covered under the public employees retirement system. Unless the legislator requests in writing within 30 days after receipt of such written notice that his service, other than legislative service, be continued under the public employees retirement system, the board shall transfer from the public employees retirement fund all sums contributed by the legislator through service, other than legislative service, together with the sums contributed by his employer for such service. The service so transferred shall be accredited under the legislators retirement system as if performed in a legislative capacity. Service so transferred may be retransferred to the public employees retirement system, and the related contributions shall then be returned to the public employees retirement fund, at any time when the person ceases to be a legislator and reestablishes membership in the public employees retirement system.
2. Except for the transfer of service from the public employees retirement system to the legislators retirement system, as provided in this section, service after July 1, 1967, as a legislator cannot be accredited under the public employees retirement system and service in capacities covered by the public employees retirement system cannot be accredited under the legislators retirement system.
κ1975 Statutes of Nevada, Page 1064 (CHAPTER 575, SB 336)κ
retirement system to the legislators retirement system, as provided in this section, service after July 1, 1967, as a legislator cannot be accredited under the public employees retirement system and service in capacities covered by the public employees retirement system cannot be accredited under the legislators retirement system.
3. Nothing in NRS 218.2371 to 218.2395, inclusive, or in any other law shall be construed to prevent or prohibit coverage of an individual under both the public employees retirement system and the legislators retirement system when service is compatible with the provisions of each system.
4. Legislators receiving retirement allowances from the public employees retirement system on July 1, 1967, are not eligible for transfer to the legislators retirement system.
5. Persons accepting or receiving the benefits of retirement compensation under NRS 218.2371 to 218.2395, inclusive, may:
(a) Be employed as members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board of commission shall not be regarded as compensation, provided such fees do not normally exceed a total of $300 in a calendar year.
(b) Return to employment for the State of Nevada or a political subdivision thereof during any 1 calendar year without forfeiture of retirement benefits until they have earned a gross amount of $2,400, at which time the benefits of retirement compensation shall be suspended and shall remain suspended for any month during which such person is employed for any period of time by the State of Nevada or its political subdivisions.
6. Within 10 days after return to employment such person shall notify the board of the fact of his employment. Failure to notify shall result in the forfeiture of retirement benefits for the period of employment.
7. A person is not considered to have returned to employment in any calendar year unless he has been absent from employment by the State of Nevada or a political subdivision thereof for not less than 1 calendar month immediately preceding his return.
Sec. 82. NRS 218.2382 is hereby amended to read as follows:
218.2382 1. [Service] Except as provided in subsection 2:
(a) Service credit for retirement under the legislators retirement system shall begin on the first day of the year of election to the office of legislator and shall terminate on the first day of the year following the election of a successor. The service credit for a person appointed to an unexpired term shall be deemed to have begun on the first day of the year of such appointment.
[2.] (b) Service credit shall be deemed to terminate on the first day of the year following the expiration of any term during which a legislator dies, resigns or is removed from office.
2. Service credit for a legislator who takes office on or after July 1, 1975, begins on the day after his election or appointment and terminates on the day of election of his successor, unless sooner terminated on the day of his death, resignation or removal from office.
Sec. 83. NRS 391.360 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 1065 (CHAPTER 575, SB 336)κ
391.360 1. Public school teachers and other certificated employees of school districts shall receive the benefits provided under the contract of integration entered into between the state board of education and the public employees retirement board [on September 1, 1949, pursuant to the provisions of NRS 286.380.] pursuant to the provisions of chapter 124, Statutes of Nevada 1949.
2. From March 2, 1956, until such time as a determination shall be made as to the participation or nonparticipation of a county school district in the public employees retirement system in accordance with the provisions of chapter 286 of NRS, the board of trustees of a county school district shall deduct retirement contributions and administrative charges from the compensation of eligible noncertified employees of the county school districts who were employed by school districts and educational districts abolished by NRS 386.020, participating in the public employees retirement system on March 2, 1956.
If the county school district should elect to participate, the deductions withheld by the board of trustees shall be transmitted to the public employees retirement board in the manner directed by the public employees retirement board. The employees from whom such deductions have been withheld shall receive credit toward retirement for the service represented thereby and shall have credited to their individual accounts the sums deducted for retirement.
Noncertified employees previously employed by the school districts and educational districts abolished by NRS 386.020 who were not members of the public employees retirement system on March 2, 1956, if otherwise eligible under the provisions of chapter 286 of NRS, shall become members of the public employees retirement system as of the date of the start of contributions to the public employees retirement fund following participation by the county school district in the public employees retirement system.
If the county school district should elect not to participate in the public employees retirement system, all amounts deducted from the compensation of noncertified employees as provided in this subsection shall be returned by the county school district to the individual employees.
Sec. 84. NRS 391.380 is hereby amended to read as follows:
391.380 1. The board of trustees of any school district in this state may purchase an annuity contract for any teacher, principal, superintendent of schools or other employee of such district under an annuity plan which meets the requirements of section 403(b) of the Internal Revenue Code of the United States.
2. Such purchase shall be made only upon the written request of such employee and upon an agreement in writing that:
(a) The premiums paid for such purchase shall constitute an allocable part of his total [salary,] compensation, as that term is defined in [NRS 286.090.] section 4 of this act.
(b) The contract so purchased shall be the property of such employee and all rights thereunder nontransferable and nonforfeitable save for failure to pay premiums.
(c) The board of trustees shall have no liability under any such annuity contract purchased.
3. All requests under this section shall be received and acted upon without discrimination so long as such employee is within the class of persons entitled by law to enjoy the benefits of the provisions of section 403(b) of the Internal Revenue Code of the United States.
κ1975 Statutes of Nevada, Page 1066 (CHAPTER 575, SB 336)κ
without discrimination so long as such employee is within the class of persons entitled by law to enjoy the benefits of the provisions of section 403(b) of the Internal Revenue Code of the United States.
Sec. 85. NRS 409.110 is hereby amended to read as follows:
409.110 1. There is hereby created the advance right-of-way acquisition and management fund in the state treasury. All payments for property acquired by the agency pursuant to this chapter shall be made from such fund and all proceeds from the sale of such property shall be deposited in such fund. Moneys in the fund shall not revert to the general fund and may only be used as provided in this chapter.
2. Moneys may be provided to the fund by:
(a) Direct legislative appropriation.
(b) Transfer at the discretion of the board of directors of the department of highways from the state highway fund.
(c) Loan from the public employees retirement fund at such reasonable rate of interest, not to exceed the average rate of interest earned by the retirement fund from authorized investments [under NRS 286.750 and 286.790,] in:
(1) Bonds of solvent corporations and bonds guaranteed by the United States which are issued to obtain moneys to be lent against the security of real property; and
(2) First mortgages on improved real property,
over the next preceding year prior to the making of the loan, as may be approved by the state board of examiners. The amount of loans outstanding from the public employees retirement fund shall not, at any one time, exceed 5 percent of the available assets of the public employees retirement fund. The agency shall secure such loans by pledging the full faith and credit of the State of Nevada.
(d) Loan from the state insurance fund at such reasonable rate of interest, not to exceed the average rate of interest earned by the state insurance fund from authorized investments under NRS 616.4978 and 616.4982, over the next preceding year prior to the making of the loan, as may be approved by the state board of examiners. The amount of loans outstanding from the state insurance fund shall not at any one time exceed 5 percent of the available assets of the state insurance fund. The agency shall secure such loans by pledging the full faith and credit of the State of Nevada.
(e) Federal financial assistance to the extent that such assistance is available.
Sec. 85.5. NRS 218.2387 is hereby amended to read as follows:
218.2387 After July 1, 1967, the director of the legislative counsel bureau shall:
1. Deduct from the compensation of each legislator an amount equal to [10] 15 percent of the gross compensation earned as a legislator and transmit such amount to the board together with the necessary forms prescribed by the board at intervals designated by the board; and
2. Pay to the board from the legislative fund an equal amount as the contribution of the State of Nevada as employer.
Sec. 86. NRS 218.239 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 1067 (CHAPTER 575, SB 336)κ
218.239 A legislator entering into retirement [shall receive the following monthly retirement allowance based upon years of accredited service at the time of retirement, with fractions of years to be prorated:
Service of 8 years............................................................................... $160
Service of 9 years............................................................................... 180
Service of 10 years............................................................................. 200
Service of 11 years............................................................................. 220
Service of 12 years............................................................................. 240
Service of 13 years............................................................................. 260
Service of 14 years............................................................................. 280
Service of 15 years............................................................................. 300
Service of 16 years............................................................................. 320
Service of 17 years............................................................................. 340
Service of 18 years............................................................................. 360
Service of 19 years............................................................................. 380
Service of 20 years............................................................................. 400
Service of 21 years............................................................................. 420
Service of 22 years............................................................................. 440
Service of 23 years............................................................................. 460
Service of 24 years............................................................................. 480
Service of 25 years or more............................................................... 500]
on or after July 1, 1975, is entitled to receive a monthly retirement allowance of $25 for each year of service up to 30 years, prorated for fractions of a year.
Sec. 87. NRS 477.015 is hereby amended to read as follows:
477.015 [Nothing contained in this chapter or elsewhere in Nevada Revised Statutes shall be construed to authorize the state fire marshal or his deputies to retire from the public employees retirement system prior to having attained the minimum service retirement age of 60 years.] The state fire marshal and his deputies are not police officers or firemen for the purpose of early retirement under chapter 286 of NRS.
Sec. 88. NRS 286.030, 286.060, 286.090, 286.210, 286.240, 286.250, 286.280, 286.285, 286.286, 286.320, 286.340, 286.350, 286.360, 286.363, 286.380, 286.400, 286.420, 286.480, 286.485, 286.500, 286.530, 286.540, 286.550, 286.573, 286.580, 286.675, 286.685, 286.690, 286.700, 286.710, 286.720, 286.730, 286.740, 286.750, 286.760, 286.770, 286.780, 286.790, 286.795, and 286.797 and section 21 of chapter 542, Statutes of Nevada 1973, are hereby repealed.
Sec. 89. Notwithstanding the exclusion by this act of agents of the Nevada youth training center from the definition of police officer, any such agent whose retirement rights have become vested by the completion of 10 years service on or before the effective date of this act in a capacity then recognized as entitling him to early retirement as a police officer may so retire and shall be considered as a police officer until such retirement.
Sec. 90. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 1068κ
Senate Bill No. 604Committee on Transportation
CHAPTER 576
AN ACT relating to traffic laws; providing for the establishment of certain vehicle safety inspection centers; providing for the establishment of tire and brake standards; providing for the adoption of a plan for periodic motor vehicle inspections; making an appropriation; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.695 is hereby amended to read as follows:
484.695 1. [Police officers of incorporated cities and towns, sheriffs and their deputies, and other peace officers of the State of Nevada] Peace officers and vehicle safety inspectors of the department of motor vehicles, in pursuance of assigned duty, having reasonable cause to believe that any vehicle or combination of vehicles is not equipped as required by this chapter or is in such unsafe condition as to endanger the driver or other occupant or any person upon a public highway [,] or does not comply with any tire or brake standards that may be established by the department of motor vehicles pursuant to subsection 4, may require the driver thereof to stop and submit such vehicle or combination of vehicles to an inspection of the mechanical condition or equipment thereof and such test with reference thereto as may be appropriate.
2. If such vehicle or combination of vehicles is found to be in an unsafe mechanical condition or is not equipped as required by this chapter [, the officer making the inspection] or does not comply with any tire or brake standards that may be established by the department of motor vehicles pursuant to subsection 4, the peace officer or vehicle safety inspector causing the inspection to be made may give such driver a [notice of arrest] written traffic citation or notice of vehicle equipment violation and further require the driver or the owner of the vehicle to produce in court or the office of the peace officer or vehicle safety inspector satisfactory evidence that such vehicle or its equipment has been made to conform with the requirements of this chapter [.] and regulations adopted thereunder.
3. [Every officer giving such directions or a notice of arrest as provided in this section shall mail a copy or otherwise give notice thereof to the owner and any legal owner of such vehicle if other than the driver.] Effective January 1, 1976, the director of the department of motor vehicles may establish vehicle safety inspection centers at the department of motor vehicles branch offices for the purpose of inspecting vehicles intended to be registered in the state. Safety inspections at these centers are limited to examination of tires and brakes on motor vehicles which have an unladened weight of not more than 6,000 pounds and which were manufactured more than 2 years prior to the date of inspection.
4. The director shall adopt regulations prescribing the standards for tires and brakes.
Sec. 2. NRS 484.697 is hereby amended to read as follows:
484.697 1. No person [shall] may operate any vehicle or combination of vehicles after notice of such unsafe condition or that the vehicle is not equipped as required by this chapter, except as may be necessary to return such vehicle or combination of vehicles to the residence or place of business of the owner or driver or to a garage, until the vehicle and its equipment has been made to conform with the requirements of this chapter.
κ1975 Statutes of Nevada, Page 1069 (CHAPTER 576, SB 604)κ
not equipped as required by this chapter, except as may be necessary to return such vehicle or combination of vehicles to the residence or place of business of the owner or driver or to a garage, until the vehicle and its equipment has been made to conform with the requirements of this chapter.
2. If any peace officer or vehicle safety inspector finds that any vehicle or combination of vehicles is unsafe to a degree that continued operation would endanger the driver, any other occupant or any person on a public highway, the officer or inspector may require that the driver cease operation of the vehicle or combination of vehicles or that the vehicle or vehicles be taken to the nearest garage or other safe place.
Sec. 3. NRS 484.701 is hereby amended to read as follows:
484.701 Whenever the driver of a vehicle is directed by a [police officer, sheriff or his deputy, or other peace officer of the State of Nevada] peace officer or vehicle safety inspector in pursuance of assigned duty, to stop and submit the mechanical condition of the vehicle or its equipment to an inspection or test under conditions stated in NRS 484.695, such driver shall stop and submit to such inspection or test. A failure or refusal so to do or to cease operation when required is a misdemeanor.
Sec. 4. The governors office of highway safety shall:
1. Develop a plan for periodic motor vehicle inspection, as provided for in subsection 3, which shall meet federal guidelines.
2. Employ such staff and contract for such services as are necessary to effectuate the plan.
3. Report the results of the plan to the governor and to the 59th session of the legislature together with any recommended legislation.
Sec. 5. There is hereby appropriated from the general fund in the state treasury to the department of motor vehicles for the period beginning January 1, 1976, and ending June 30, 1977, the sum of $33,586 for the purpose of implementing the provisions of this act.
Sec. 6. This act shall become effective on January 1, 1976.
________
Assembly Bill No. 117Committee on Transportation
CHAPTER 577
AN ACT relating to the sale and leasing of vehicles; expanding licensing requirements for selling and leasing vehicles; requiring short-term lessors to obtain licenses from the department; increasing regulation of long-term and short-term lessors; requiring certain employees of short-term lessors to obtain licenses; restricting the operation of a vehicle pursuant to the authority of a dealers report of sale; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.020 is hereby amended to read as follows:
482.020 [Dealer means every person engaged in the business of buying, offering for sale, selling or exchanging vehicles in this state.]
κ1975 Statutes of Nevada, Page 1070 (CHAPTER 577, AB 117)κ
buying, offering for sale, selling or exchanging vehicles in this state.] 1. Dealer or vehicle dealer means any person who:
(a) For compensation, money or other thing of value sells, exchanges, buys, offers or displays for sale, negotiates or attempts to negotiate a sale or exchange of an interest in a vehicle subject to registration under this chapter or induces or attempts to induce any person to buy or exchange an interest in a vehicle;
(b) Receives or expects to receive a commission, money, brokerage fee, profit or any other thing of value from either the seller or purchaser of a vehicle; or
(c) Is engaged wholly or in part in the business of selling vehicles or buying or taking in trade vehicles for the purpose of resale, selling or offering for sale or consignment to be sold or otherwise dealing in vehicles, whether or not he owns such vehicles.
2. Dealer or vehicle dealer does not include:
(a) An insurance company, bank, finance company, government agency or any other person coming into possession of a vehicle, acquiring a contractual right to a vehicle or incurring an obligation with respect to a vehicle in the performance of official duties or under the authority of any court of law, if the sale of the vehicle is for the purpose of saving the seller from loss or pursuant to the authority of a court of competent jurisdiction;
(b) A person, other than a long-term or short-term lessor, who is not engaged in the purchase or sale of vehicles as a business, but is disposing of vehicles acquired by the owner for his use and not for the purpose of avoiding the provisions of this chapter;
(c) Persons regularly employed as salesmen by dealers, licensed under this chapter, while such persons are acting within the scope of such employment; or
(d) Person who are incidentally engaged in the business of soliciting orders for the sale and delivery of vehicles outside the territorial limits of the United States if their sales of such vehicles produce less than 5 percent of their total gross revenue.
Sec. 2. NRS 482.053 is hereby amended to read as follows:
482.053 For the purposes of regulation under this chapter and of imposing tort liability under NRS 41.440, and for no other purpose:
1. Lease means a contract by which the [legal owner] lienholder or owner of a vehicle transfers to another person, for compensation, the right to use such vehicle.
2. Long-term lessee means a person who has leased a vehicle from another person for a fixed period of more than 31 days.
3. Long-term lessor means a person who has leased a vehicle to another person for a fixed period of more than 31 days.
4. Short-term lessee means a person who has leased a vehicle from another person for a period of 31 days or less, or by the day, or by the trip.
5. Short-term lessor means a person who has leased a vehicle to another person for a period of 31 days or less, or by the day, or by the trip.
κ1975 Statutes of Nevada, Page 1071 (CHAPTER 577, AB 117)κ
Sec. 3. NRS 482.055 is hereby amended to read as follows:
482.055 [Legal owner means a person who holds the legal title of a vehicle.] Lienholder means a person who holds a security interest in a vehicle and whose name appears on the certificate of title as legal owner.
Sec. 4. NRS 482.078 is hereby amended to read as follows:
482.078 New vehicle dealer means any [person] vehicle dealer licensed under the provisions of this chapter as a new vehicle dealer who has a franchise from a manufacturer of vehicles to sell new vehicles and who [is engaged in the business of selling or exchanging new or new and used vehicles.] acquires new or new and used vehicles for resale.
Sec. 5. NRS 482.133 is hereby amended to read as follows:
482.133 Used vehicle dealer means any [person] vehicle dealer [engaged in the business of purchasing or exchanging used vehicles for the purpose of resale, or who purchases, sells or exchanges two or more used vehicles in any 1 calendar year, or who offers or displays used vehicles for sale.] licensed under the provisions of this chapter as a used vehicle dealer.
Sec. 6. NRS 482.245 is hereby amended to read as follows:
482.245 Certificates of registration and of ownership shall meet the following requirements:
1. The certificate of registration shall contain upon the face thereof the date issued, the registration number assigned to the vehicle, the name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the department.
2. The certificate of ownership shall contain upon the face thereof the date issued, the name and address of registered owner and owner or [legal owner,] lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, and such other statement of facts as may be determined by the department. The reverse side of the certificate of ownership shall contain forms for notice to the department of a transfer of the title or interest of the owner or [legal owner] lienholder and application for registration by the transferee.
Sec. 7. NRS 482.295 is hereby amended to read as follows:
482.295 1. [If the owner of a motor vehicle for which registration is applied for is or intends to be a short-term lessor of such vehicle, such fact shall be stated in the application. The department shall not register such vehicle until and unless] The department shall not register a vehicle intended to be leased by a short-term lessor until the owner shall demonstrate to the department his financial ability to respond to damages as follows:
(a) By carrying insurance in an insurance company or companies approved by the insurance commissioner of this state as provided in subsection 2 and NRS 482.305;
(b) By filing with the department a surety bond in the principal sum of $100,000 with an admitted insurer as surety for the protection of the lessee of the vehicle; or
(c) By making and thereafter continuously maintaining on deposit in this state through the director, cash or securities such as may be legally purchased by savings banks or for trust funds, of a fair market value of not less than $100,000 for the protection of the lessee of the vehicle.
κ1975 Statutes of Nevada, Page 1072 (CHAPTER 577, AB 117)κ
this state through the director, cash or securities such as may be legally purchased by savings banks or for trust funds, of a fair market value of not less than $100,000 for the protection of the lessee of the vehicle.
2. If the owners demonstration of financial ability is pursuant to paragraph (a) of subsection 1, it shall be as follows:
(a) If he apply for registration of one motor vehicle, insurance in the sum of at least $15,000 for any person injured or killed and in the sum of $30,000 for any number more than one injured or killed in any one accident.
(b) If he apply for the registration of more than one motor vehicle, then the insurance in the foregoing sums for one motor vehicle and $5,000 additional for each motor vehicle in excess of one.
3. In any case, the owners demonstration of financial ability is sufficient if he carries insurance or provides a surety bond or deposits cash or securities in the sum of $100,000 for any number of motor vehicles.
Sec. 8. NRS 482.300 is hereby amended to read as follows:
482.300 It is unlawful for any person to [become the short-term lessor of a motor vehicle unless he has previously notified the department of his intention to do so and has complied with the requirements provided in NRS 482.295.] engage in the activities of a short-term lessor unless such person has been licensed pursuant to NRS 482.363.
Sec. 9. NRS 482.322 is hereby amended to read as follows:
482.322 1. No person may engage in the [business of a new or used] activities of a vehicle dealer, manufacturer or rebuilder in this state, or be entitled to any other license or permit required by this chapter, until he has applied for and has been issued a dealers, manufacturers [or rebuilders] , rebuilders or lessors license certificate or other license or permit required by the department.
2. The department shall investigate any applicant for a dealers, manufacturers [or rebuilders] , rebuilders or lessors license certificate or license and complete an investigation report on a form provided by the department.
Sec. 10. NRS 482.325 is hereby amended to read as follows:
482.325 1. Applications for manufacturers, dealers or rebuilders license shall be filed upon forms supplied by the department, and the applicant shall furnish:
(a) Such proof as the department may deem necessary that the applicant is a manufacturer, dealer or rebuilder.
(b) A fee of $25.
2. Upon receipt of such application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a dealers, manufacturers or rebuilders license certificate containing the latters name and the address of his [fixed] established place of business.
3. Licenses issued pursuant to this section shall expire on December 31 of each year. Prior to December 31 of each year, licensees shall furnish the department with an application for renewal of such license accompanied by an annual fee of $25. The renewal application shall be provided by the department and shall contain information required by the department.
Sec. 11. NRS 482.363 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 1073 (CHAPTER 577, AB 117)κ
482.363 1. Any person, other than a new or used vehicle dealer licensed under the provisions of NRS 482.325, who engages in the leasing of vehicles in this state as a long-term or short-term lessor, shall: [, before commencing operations in this state, and annually thereafter:]
(a) Secure a license from the department to conduct such leasing business;
(b) Post a bond;
(c) Furnish the department with such other information as may be required; [and]
(d) Comply with the [same] terms and conditions of this chapter which apply to vehicle dealers [as specified in NRS 482.345.] ; and
(e) Pay a fee of $25.
2. Any person employed by a [person] long-term lessor licensed under the provisions of subsection 1 who engages in the practice of arranging or selling such services [in this state] , and any person employed by a short-term lessor who sells, offers or displays for sale or exchange vehicles which are owned by such short-term lessor shall, before commencing operations, and annually thereafter:
(a) Secure from the department a license to act as a salesman of such services; and
(b) Comply with the same terms and conditions which apply to salesmen of vehicles as specified in NRS 482.362.
3. Licenses issued pursuant to subsection 1 shall expire on December 31 of each year. Prior to December 31 of each year, licensees shall furnish the department with an application for renewal of such license accompanied by an annual fee of $25. The renewal application shall be provided by the department and shall contain information required by the department.
4. The provisions of NRS 482.352, relating to the denial, revocation or suspension of dealers or rebuilders licenses, shall apply to licenses issued pursuant to the provisions of subsection 1. The provisions of NRS 482.362, relating to the denial, revocation and transfer of vehicle salesmens licenses, shall apply to licenses issued pursuant to the provisions of subsection 2.
Sec. 12. NRS 482.423 is hereby amended to read as follows:
482.423 1. When a new vehicle is sold in this state, the seller shall complete and execute a dealers report of sale. The dealers report of sale shall be in a form prescribed by the department and shall include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If in connection with such sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee shall be entered on the dealers report of sale.
2. The seller shall submit the original of the dealers report of sale to the department within 10 days after the execution of all instruments which the contract of sale requires to be executed at the time of sale or within 10 days after the date of sale, whichever is later, unless an extension of time is granted by the department, and shall furnish one copy to the buyer. One copy shall be affixed to the right front windshield of the vehicle [.] , which shall permit the vehicle to be operated for a period not to exceed 10 days.
κ1975 Statutes of Nevada, Page 1074 (CHAPTER 577, AB 117)κ
which shall permit the vehicle to be operated for a period not to exceed 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.
Sec. 13. NRS 482.424 is hereby amended to read as follows:
482.424 1. When a used or rebuilt vehicle is sold in this state by a dealer, [or] rebuilder, long-term lessor or short-term lessor, the seller shall complete and execute a dealers or rebuilders report of sale. The dealers or rebuilders report of sale shall be in a form prescribed by the department and shall include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of such sale, or if in connection with such sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party shall be entered on the dealers or rebuilders report of sale.
2. The seller shall submit the original of the dealers or rebuilders report of sale to the department within 45 days after the execution of all instruments which the contract of sale requires to be executed at the time of sale, unless an extension of time is granted by the department, together with the properly endorsed certificate of title or certificate of ownership previously issued for such vehicle, and shall furnish one copy to the buyer. One copy shall be affixed to the front right windshield of the vehicle [.] , which shall permit the vehicle to be operated for a period not to exceed 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.
Sec. 14. NRS 482.547 is hereby amended to read as follows:
482.547 1. It is unlawful for any person to sell, offer to sell, or display for sale any motor vehicle unless such person is:
(a) The [legal] lienholder, owner or registered owner of such vehicle;
(b) A repossessor of such vehicle, or holder of a statutory lien on such vehicle, selling the vehicle on a bid basis; or
(c) A manufacturer, rebuilder, lessor or dealer licensed under the provisions of this chapter.
2. The provisions of this section do not apply to any executor, administrator, sheriff or other person who sells a motor vehicle pursuant to powers or duties granted or imposed by law.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 15. NRS 445.640 is hereby amended to read as follows:
445.640 1. [On and after February 1, 1974, subject] Subject to any applicable limitation of NRS 445.650 or any regulation promulgated pursuant thereto, no used motor vehicle as defined in NRS 482.132 may be registered by a new owner in this state unless the application for registration is accompanied by a certificate of emission control compliance issued by any authorized station certifying that the vehicle is equipped with motor vehicle pollution control devices required by federal regulation or such other requirements as the commission may by regulation prescribe under the provisions of NRS 445.610 to 445.710, inclusive.
κ1975 Statutes of Nevada, Page 1075 (CHAPTER 577, AB 117)κ
2. [Any used vehicle dealer, as defined in NRS 482.133, shall be responsible for providing all certificates of emission control compliance for vehicles to which such certificates apply for which a dealers report of sale is required under the provisions of NRS 482.424.] If the seller of a used vehicle is required, pursuant to the provisions of NRS 482.424, to complete a dealers report of sale, such seller shall also provide the buyer with any certificate of emission control compliance required pursuant to subsection 1.
3. The requirements of this section apply only in counties where a program of inspecting and testing motor vehicles and motor vehicle emission control systems has been implemented pursuant to NRS 445.630.
________
Senate Bill No. 174Senator Monroe
CHAPTER 578
AN ACT relating to motor vehicles; defining mopeds; exempting mopeds from registration requirements; including mopeds under drivers licensing requirements; providing for the application of traffic laws and certain equipment provisions to mopeds; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Moped means a vehicle which looks and handles essentially like a bicycle and can be propelled either by pedaling or by a small engine and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
Sec. 2. 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] Assembly Bill 127 of the 58th session of the Nevada legislature and section 1 of this act shall for the purposes of this chapter, have the meanings ascribed to them in such sections, except in those instances where the context clearly indicates a different meaning.
Sec. 3. NRS 482.070 is hereby amended to read as follows:
482.070 Motorcycle means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term tractor or moped as defined in this chapter.
Sec. 4. NRS 482.210 is hereby amended to read as follows:
482.210 The provisions of this chapter requiring the registration of certain vehicles do not apply to:
κ1975 Statutes of Nevada, Page 1076 (CHAPTER 578, SB 174)κ
1. Special mobile equipment.
2. Implements of husbandry temporarily drawn, moved or otherwise propelled upon the highways.
3. Any mobile home not moved on any highway or road within the state.
4. Golf carts which are:
(a) Traveling from the residence or temporary abode of the owner or operator thereof to a golf course;
(b) Traveling upon streets properly designated by the appropriate city or county as permissible for the operation of golf carts; and
(c) Operating pursuant to a permit issued in accordance with rules and regulations adopted by the appropriate city or county.
5. Mopeds.
Sec. 5. Chapter 483 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Moped means a vehicle which looks and handles essentially like a bicycle and can be propelled either by pedaling or by a small engine and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
Sec. 6. NRS 483.010 is hereby amended to read as follows:
483.010 NRS 483.010 to 483.630, inclusive, and section 5 of this act may be cited as the Uniform Motor Vehicle Drivers License Act.
Sec. 7. NRS 483.020 is hereby amended to read as follows:
483.020 When used in NRS 483.010 to 483.630, inclusive, and section 5 of this act, the words and phrases defined in NRS 483.030 to 483.190, inclusive, and section 5 of this act have the meanings respectively ascribed to them in such sections.
Sec. 7.5. NRS 483.090 is hereby amended to read as follows:
483.090 Motor vehicle means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails. Motor vehicle includes moped.
Sec. 8. NRS 483.220 is hereby amended to read as follows:
483.220 The administrator is authorized to promulgate rules and regulations governing activities of the department under NRS 483.010 to 483.630, inclusive [.] , and section 5 of this act.
Sec. 9. (Deleted by amendment.)
Sec. 10. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Moped means a vehicle which looks and handles essentially like a bicycle and can be propelled either by pedaling or by a small engine and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
Sec. 11. NRS 484.013 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 1077 (CHAPTER 578, SB 174)κ
484.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.015 to 484.217, inclusive, and section 10 of this act have the meaning ascribed to them in such sections.
Sec. 12. NRS 484.019 is hereby amended to read as follows:
484.019 Bicycle means a device propelled by human power upon which a person may ride, having two tandem wheels either of which is over 14 inches in diameter, or every such device generally recognized as a bicycle though equipped with two front or two rear wheels [.] except a moped.
Sec. 13. NRS 484.083 is hereby amended to read as follows:
484.083 Motorcycle means every motor vehicle equipped with a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, including a power cycle but excluding a tractor [.] or a moped.
Sec. 14. NRS 484.549 is hereby amended to read as follows:
484.549 1. Every motor vehicle, other than a motorcycle [,] or moped, shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this chapter.
2. Every head lamp upon every motor vehicle shall be located at a height, measured from the center of the head lamp, of not more than 54 inches nor less than 24 inches to be measured in the manner set forth in NRS 484.547.
3. Snow removal equipment used in clearing snow from highways and other special mobile equipment which by the nature of its design makes it impracticable to comply with the requirements of subsection 2 may have such head lamps located at a height higher than 54 inches.
Sec. 14.5. NRS 484.557 is hereby amended to read as follows:
484.557 1. Every motor vehicle, trailer, semitrailer and any vehicle which is being drawn at the end of a train of vehicles shall be equipped with electric turn signal lamps, except that vehicles less than 80 inches in overall width not originally equipped with electric turn signal lamps and manufactured prior to July 1, 1969, are not required to be equipped with such lamps.
2. Such lamps shall be located on the front or rear of any such vehicle or combination of vehicles and shall indicate an intention to turn by flashing lights in the direction toward which the turn is to be made.
3. The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit white or amber light, or any shade of light between white and amber.
4. The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit red or amber light, or any shade of light between red and amber.
5. Such lamps shall be visible in normal sunlight from a distance of not less than 500 feet.
6. The provisions of this section do not apply to: [special]
(a) Mopeds; or
(b) Special mobile equipment except when such equipment is being towed at the end of a train of vehicles.
κ1975 Statutes of Nevada, Page 1078 (CHAPTER 578, SB 174)κ
Sec. 15. NRS 484.587 is hereby amended to read as follows:
484.587 Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp, or combination thereof, on motor vehicles other than motorcycles or mopeds shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
1. There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading.
2. There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight, level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
3. Every new motor vehicle, other than a motorcycle [,] or moped, registered in this state after January 1, 1956, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
Sec. 16. (Deleted by amendment.)
Sec. 17. NRS 484.593 is hereby amended to read as follows:
484.593 1. Every motor vehicle, trailer, semitrailer, house trailer and pole trailer, and any combination of such vehicles operating upon a highway shall be equipped with brakes in compliance with the requirements of this chapter.
2. Every such vehicle and combination of vehicles, except:
(a) Special mobile equipment towed by a motor vehicle at a speed of 20 miles per hour or less;
(b) Trailers, semitrailers and house trailers having a gross weight of 3,000 pounds or less, except as provided in subsection 6; and
(c) Pole dollies when used in the transportation of poles at a speed of 20 miles per hour or less by a public utility or agency engaged in the business of supplying electricity or telephone service, when such transportation is between storage yards or between a storage yard and a job location where such poles are to be used,
shall be equipped with service brakes complying with the performance requirements of NRS 484.595 and adequate to control the movement of and to stop and hold such vehicle under all conditions of loading, and on any grade incident to its operation.
3. Every such vehicle and combination of vehicles, except motorcycles [,] or mopeds, shall be equipped with parking brakes adequate to hold the vehicle or combination of vehicles on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the drivers muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power-assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements.
κ1975 Statutes of Nevada, Page 1079 (CHAPTER 578, SB 174)κ
provided that failure of the service brake actuation system or other power-assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brakedrums, brakeshoes and lining assemblies, brakeshoe anchors and mechanical brakeshoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part will not leave the vehicle without operative brakes.
4. Every vehicle shall be equipped with brakes acting on all wheels except:
(a) Trailers, semitrailers, house trailers or pole trailers, manufactured or assembled before July 1, 1975, having a gross weight of 3,000 pounds or less.
(b) Any vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of NRS 484.595.
(c) Trucks and truck tractors having three or more axles, which need not have brakes on the front wheels, except that when such vehicles are equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. However, such trucks and truck tractors must be capable of complying with the performance requirements of NRS 484.595.
(d) Special mobile equipment.
(e) The wheel of a sidecar attached to a motorcycle which need not be equipped with brakes if such motorcycle is capable of complying with the performance requirements of NRS 484.595.
5. Every trailer, semitrailer, house trailer and pole trailer equipped with air- or vacuum-activated brakes and every trailer, semitrailer, house trailer and pole trailer with a gross weight in excess of 3,000 pounds, manufactured or assembled after July 1, 1969, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least 15 minutes, upon breakaway from the towing vehicle.
6. Every trailer, semitrailer, house trailer or pole trailer of 3,000 pounds or more gross weight or equaling more than 40 percent of the towing vehicle, manufactured or assembled before July 1, 1975, shall be equipped with brakes on at least two wheels.
7. Except as otherwise provided by law, every motor vehicle used to tow a trailer, semitrailer, house trailer or pole trailer equipped with brakes shall be equipped with means for providing that, in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes.
8. Air brake systems installed on trailers shall be so designed that the supply reservoir used to provide air for the brakes is safeguarded against backflow of air from the reservoir through the supply line.
9. Every motor vehicle, trailer, semitrailer, house trailer or pole trailer, manufactured or assembled after July 1, 1975, and operating upon a highway shall be equipped with service brakes on all wheels of every vehicle, except:
κ1975 Statutes of Nevada, Page 1080 (CHAPTER 578, SB 174)κ
a highway shall be equipped with service brakes on all wheels of every vehicle, except:
(a) A trailer, semitrailer, house trailer or pole trailer of less than 1,500 pounds gross weight need not be equipped with brakes; and
(b) Three-axle trucks, trucks and truck tractors need only be equipped with brakes on all wheels of the two rear axles.
Sec. 18. NRS 484.595 is hereby amended to read as follows:
484.595 1. Every motor vehicle and combination of vehicles, at all times and under all conditions of loading, upon application of the service brake, shall be capable of:
(a) Developing a braking force that is not less than the percentage of its gross weight tabulated in subsection 2 for its classification;
(b) Decelerating to a stop from not more than 20 miles per hour at not less than the feet per second per second tabulated in subsection 2 for its classification; and
(c) Stopping from a speed of 20 miles per hour, in not more than the distance tabulated in subsection 2 for its classification, such distance to be measured from the point at which movement of the service brake pedal or control begins.
2. The required braking forces, decelerations and braking distances are tabulated as follows:
Brake system
application
Braking and braking
force as a distance
percentage in feet
of gross from an
vehicle or Deceleration initial
combination in feet speed of
Classification of Vehicles weight per second 20 m.p.h.
Passenger vehicles with a seating capacity of 10 people or less including driver, not having a manufacturers gross vehicle weight rating ............................................................... 52.8% 17 25
All motorcycles, mopeds and motor-driven cycles ............................................................... 43.5% 14 30
Single-unit vehicles with a manufacturers gross vehicle weight rating of 10,000 pounds or less ............................................................... 43.5% 14 30
Single-unit vehicles with a manufacturers gross weight rating of more than 10,000 pounds... 43.5% 14............................................................... 40
κ1975 Statutes of Nevada, Page 1081 (CHAPTER 578, SB 174)κ
Brake system
application
Braking and braking
force as a distance
percentage in feet
of gross from an
vehicle or Deceleration initial
combination in feet speed of
Classification of Vehicles weight per second 20 m.p.h.
Combination of a two-axle towing vehicle and a trailer with a gross trailer weight of 3,000 pounds or less ............................................................... 43.5% 14 40
Buses, regardless of the number of axles, not having a manufacturers gross weight rating. 43.5% 14............................................................... 40
All combinations of vehicles in driveaway-towaway operations............................................ 43.5% 14............................................................... 40
All other vehicles and combinations of vehicles ............................................................... 43.5% 14 50
3. Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus 1-percent grade), dry, smooth, hard surface that is free from loose material.
Sec. 19. NRS 484.601 is hereby amended to read as follows:
484.601 Every motor vehicle, trailer, semitrailer, house trailer and pole trailer, and every combination of such vehicles, except motorcycles, mopeds, power cycles and motor-driven cycles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. The braking system on the towed vehicle may be surge actuated brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle.
Sec. 20. NRS 484.621 is hereby amended to read as follows:
484.621 1. Every motor vehicle, except motorcycles [,] or mopeds, equipped with a windshield shall be equipped with a self-operating windshield wiper system which shall be so constructed as to be controlled by the driver.
2. The windshield wiper system with which the vehicle is equipped shall be maintained in good operating condition and capable of effectively clearing the windshield so as to provide clear vision through the windshield for the driver under all ordinary conditions of rain, snow or other moisture.
κ1975 Statutes of Nevada, Page 1082 (CHAPTER 578, SB 174)κ
3. The wiper system shall be operated while the vehicle is being driven during conditions of rain, snow or other moisture which obstruct or reduce the drivers clear view through the windshield.
4. Subsection 1 does not apply to highway maintenance vehicles, special mobile equipment, implements of husbandry, or vehicles manufactured before July 1, 1935, with adequate manually operated windshield wipers.
Sec. 21. Chapter 486 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Moped means a vehicle which looks and handles essentially like a bicycle and can be propelled either by pedaling or by a small engine and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
Sec. 22. NRS 486.011 is hereby amended to read as follows:
486.011 As used in NRS 486.021 to 486.381, inclusive, and section 21 of this act the words and terms defined in NRS 486.021 to 486.051, inclusive, and section 21 of this act shall, unless the context otherwise requires, have the meanings ascribed to them in [NRS 486.021 to 486.051, inclusive.] such sections.
Sec. 23. NRS 486.041 is hereby amended to read as follows:
486.041 Motorcycle means every motor vehicle equipped with a seat or a saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, including a power cycle but excluding a tractor [.] and a moped.
Sec. 24. NRS 486.181 is hereby amended to read as follows:
486.181 1. A motorcycle or moped shall not be driven upon a highway while carrying more than one person unless such motorcycle or moped is designed by the manufacturer to carry more than one person.
2. A passenger shall ride:
(a) Behind the driver and astride the permanent or regular seat which was designed for two persons;
(b) Astride another seat firmly attached at the rear of the driver; or
(c) In a sidecar attached.
3. Every such motorcycle or moped designed for transporting a passenger shall be equipped with footrests adjusted to fit such passenger.
Sec. 25. NRS 486.191 is hereby amended to read as follows:
486.191 1. A person driving a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto.
2. A person shall not drive a motorcycle or moped with the seat for the driver so positioned that the driver, when sitting astride the seat with the motorcycle or moped in a stopped and upright position, cannot reach the ground with both feet simultaneously.
Sec. 26. NRS 486.201 is hereby amended to read as follows:
486.201 A person shall not drive a motorcycle or moped equipped with handlebars which are more than 15 inches in height above the uppermost portion of the drivers seat when such seat is depressed by the weight of the driver.
Sec. 27. NRS 486.211 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 1083 (CHAPTER 578, SB 174)κ
486.211 The driver of a motorcycle or moped shall drive with one hand on each handlebar at all times, except when it is necessary to use or remove one hand for the safe operation of the motorcycle [.] or moped.
Sec. 28. NRS 486.221 is hereby amended to read as follows:
486.221 A person shall not drive a motorcycle or moped unless the wheels are protected by fenders to prevent the throwing of rocks, dirt, water or other substances to the rear.
Sec. 29. NRS 486.231 is hereby amended to read as follows:
486.231 1. The department of motor vehicles shall adopt standards for protective headgear and protective glasses, goggles or face shields to be worn by the drivers and passengers of motorcycles and transparent windscreens for motorcycles.
2. Except as provided in this section, when any motorcycle is being driven on a highway, the driver and passenger shall wear protective headgear securely fastened on the head and protective glasses, goggles or face shields meeting such standards. Drivers and passengers of mopeds are not required to comply with the provisions of this section.
3. When a motorcycle is equipped with a transparent windscreen meeting such standards, the driver and passenger are not required to wear glasses, goggles or face shields.
4. When a motorcycle is being driven in a parade authorized by a local authority, the driver and passenger are not required to wear the protective devices provided for in this section.
5. When a three-wheel motorcycle, on which the driver and passengers ride within an enclosed cab, is being driven on a highway, the driver and passengers are not required to wear the protective devices required by this section.
Sec. 30. (Deleted by amendment.)
Sec. 31. NRS 486.251 is hereby amended to read as follows:
486.251 1. Every motorcycle or moped operated upon a highway of this state at any time from one-half hour after sunset to one-half hour before sunrise and at any other time when, because of insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead shall display lighted lamps and illuminating devices as respectively required in this chapter.
2. Every motorcycle or moped operated upon a highway shall be equipped with stop lights to be lighted in the manner prescribed for the use of such devices.
Sec. 32. NRS 486.261 is hereby amended to read as follows:
486.261 1. Every motorcycle or moped shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as required by this chapter, shall emit a red light plainly visible from a distance of 500 feet to the rear.
2. Such lamp shall be wired to be lighted whenever the headlamp is lighted.
Sec. 33. NRS 486.281 is hereby amended to read as follows:
486.281 1. Every motorcycle or moped shall be equipped with at least one and not more than two headlamps.
2. Every such headlamp on a motorcycle shall be located at a height of not more than 54 inches nor less than 24 inches from the ground as measured from the center of the lamp to the level ground upon which such motorcycle stands without a load.
κ1975 Statutes of Nevada, Page 1084 (CHAPTER 578, SB 174)κ
of not more than 54 inches nor less than 24 inches from the ground as measured from the center of the lamp to the level ground upon which such motorcycle stands without a load.
Sec. 34. NRS 486.291 is hereby amended to read as follows:
486.291 1. Every motorcycle or moped shall carry on the rear at least one reflector, which shall be mounted at a height not less than 20 inches nor more than 60 inches from the ground as measured from the center of the reflector to the level ground upon which such motorcycle or moped stands without a load.
2. Each such reflector shall be of a size and character and so mounted as to be visible at night from all distances within 300 feet when directly in front of lawful lower beams of headlamps.
Sec. 35. NRS 486.301 is hereby amended to read as follows:
486.301 Every motorcycle or moped shall be equipped with brakes adequate to control the stopping and holding as prescribed in NRS 484.593 and 484.595.
Sec. 36. NRS 486.311 is hereby amended to read as follows:
486.311 Every motorcycle or moped shall be equipped with two mirrors, each containing a reflection surface not less than 3 inches in diameter, with one mirror mounted on each handlebar, in positions enabling the drive to view clearly the highway for a distance of 200 feet to the rear.
Sec. 37. NRS 486.321 is hereby amended to read as follows:
486.321 1. Every motorcycle or moped driven on a highway shall be equipped with an effective and operating muffler.
2. Any person found guilty of operating a motorcycle on which the muffler has been altered to permit the use of the motorcycle without the muffler in operation shall, in addition to the penalty imposed under NRS 486.381, automatically have his license suspended for 6 months for the first offense and, for each subsequent offense, shall have his license suspended for 1 year.
Sec. 38. NRS 486.331 is hereby amended to read as follows:
486.331 A person driving a motorcycle or moped upon a highway is entitled to all the rights and subject to all the duties applicable to the drivers of motor vehicles as provided by law, except those provisions which by their nature can have no application.
Sec. 39. NRS 486.341 is hereby amended to read as follows:
486.341 Every motorcycle or moped when being driven on the highway is entitled to full use of the traffic lane it is occupying, and a person shall not drive another motor vehicle in a manner which would deprive any such motorcycle or moped of such use.
Sec. 40. NRS 486.351 is hereby amended to read as follows:
486.351 1. A person, except a police officer in the performance of his duty, shall not drive a motorcycle or moped between moving or stationary vehicles occupying adjacent traffic lanes.
2. Except as provided in subsection 3, a person shall not drive a motorcycle or moped abreast of or overtake or pass another vehicle within the same traffic lane.
3. Motorcycles or mopeds may, with the consent of the drivers, be operated no more than two abreast in a single traffic lane.
κ1975 Statutes of Nevada, Page 1085 (CHAPTER 578, SB 174)κ
Sec. 41. NRS 698.100 is hereby amended to read as follows:
698.100 Motor vehicle means a motor vehicle as defined in NRS 482.075 which is designed and registered to be operated upon a highway, but does not include:
1. Motorcycles as defined in NRS 482.070.
2. Mopeds as defined in section 1 of this act.
[2.] 3. Vehicles which are subject to the license fee and registration requirements of the Interstate Highway User Apportionment Act (NRS 706.801 to 706.861, inclusive) and which are not based in this state.
Sec. 42. NRS 698.280 is hereby amended to read as follows:
698.280 1. Tort liability with respect to accidents occurring in this state and arising from the ownership, maintenance or use of a motor vehicle is abolished except as to:
(a) Liability of the owner of a motor vehicle involved in an accident if security covering the vehicle was not provided at the time of the accident;
(b) Liability of a person in the business of selling, manufacturing, repairing, servicing or otherwise maintaining motor vehicles arising from a defect in a motor vehicle caused or not corrected by an act or omission in selling, manufacturing, repairing, servicing or other maintenance of a vehicle in the course of his business;
(c) Liability of a person for intentionally caused harm to person or property;
(d) Liability of a person for harm to property including, but not limited to, a motor vehicle and its contents;
(e) Liability of a person from harm to an operator of or passenger on a motorcycle as defined in NRS 482.070;
(f) Liability of a person for harm to an operator of or passenger on a moped as defined in section 1 of this act.
[(f)] (g) Liability of a person in the business of parking or storing motor vehicles arising in the course of that business for harm to a motor vehicle and its contents;
[(g)] (h) Damages for any loss not recoverable as basic reparation benefits by reason of the limitation on benefits for those losses, as provided in NRS 698.070; and
[(h)] (i) Damages for noneconomic detriment, but only if the medical benefits for the injured person exceed $750, or if the accident causes death, chronic or permanent injury, permanent partial or permanent total disability, disfigurement, more than 180 days of inability of the injured person to work in his occupation, fracture of a major bone, dismemberment or permanent loss of a body function.
2. Any person who receives medical and surgical benefits is considered in compliance with the requirements of paragraph [(h)] (i) of subsection 1 upon a showing that the medical treatment received has a reasonable value of at least $750. Any person receiving ordinary and necessary services normally performed by a nurse from a relative or a member of his household may include the reasonable value of such services in meeting the requirements of that paragraph.
Sec. 43. NRS 698.340 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 1086 (CHAPTER 578, SB 174)κ
698.340 1. A person who converts a motor vehicle is disqualified from basic or added reparation benefits, including benefits otherwise due him as a survivor, for injuries arising from maintenance or use of a converted vehicle. If the converter dies from his injuries, his survivors are not entitled to basic or added reparation benefits. For the purpose of this subsection, a person is not a converter if he uses the motor vehicle in the good faith belief that he is legally entitled to do so.
2. A person who is injured while perpetrating or attempting to perpetrate a felony is disqualified from basic or added reparation benefits for injuries arising from maintenance or use of a motor vehicle in the perpetration or attempted perpetration of such felony. If such person dies from his injuries, his survivors are not entitled to basic or added reparation benefits.
3. A person intentionally causing or attempting to cause injury to himself or another person is disqualified from basic or added reparation benefits for injury arising from his acts, including benefits otherwise due him as a survivor. If a person dies as a result of intentionally causing or attempting to cause injury to himself, his survivors are not entitled to basic or added reparation benefits for loss arising from his death.
4. A person who is injured while an operator of or a passenger on a motorcycle as defined in NRS 482.070 or a moped as defined in section 1 of this act is disqualified from basic or added reparation benefits. If such person dies from the injuries, his survivors are not entitled to basic or added reparation benefits.
Sec. 44. Sections 1, 17, 19, 20 and 34 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Assembly Bill No. 346Committee on Taxation
CHAPTER 579
AN ACT relating to vehicles; clarifying statutory language relating to taxation and transfers of unregistered vehicles; requiring tax sticker for movement of camper-shells or certain slide-in campers; applying specified fee to certain vehicles; providing penalties; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.561 is hereby amended to read as follows:
361.561 As used in NRS 361.562 to 361.5644, inclusive:
1. Camper-shell means a covered canopy mounted on a motor vehicle, and which is not equipped with permanent facilities for the preparation or storage of food or for sleeping purposes.
2. Mobile home means a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. It may be used as a dwelling when connected to utilities or may be used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services.
κ1975 Statutes of Nevada, Page 1087 (CHAPTER 579, AB 346)κ
used as a dwelling when connected to utilities or may be used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services.
[2.] 3. Slide-in camper means a portable unit designed to be loaded and unloaded from the bed of a pickup truck, and so constructed as to provide temporary living quarters for travel, camping or recreational use. Slide-in camper does not include a [covered canopy mounted on a motor vehicle and which is not equipped with permanent facilities for the preparation or storage of food or for sleeping purposes.] camper-shell.
[3. Travel trailer means a portable structure mounted on wheels, constructed on a vehicular-type chassis primarily designed as temporary living quarters for recreational, camping or travel use and designed to be drawn by another vehicle. When equipped for highway use, the structure may not exceed 8 feet in width nor 40 feet in body length.]
4. Those units identified as [chassis] chassis-mount camper, mini motor home, motor home, travel trailer, utility trailer and van conversion, in chapter 482 of NRS and any other vehicle required to be registered with the department of motor vehicles are subject to the personal property tax unless registered and taxed pursuant to chapter 371 of NRS. Such unregistered units and vehicles shall be taxed [as any other personal property.] in the manner provided in subsections 2 and 3 of NRS 361.562 and NRS 361.563 to 361.5644, inclusive.
Sec. 2. 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 pay the personal property tax thereon, upon taking possession, he shall, within 30 days from the date of its 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. 3. NRS 361.5643 is hereby amended to read as follows:
361.5643 1. Upon compliance by the purchaser of a slide-in camper or the purchaser of a mobile home with the provisions of NRS 361.562, 361.563 or 361.5642 the county assessor shall:
[1.] (a) 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.] (b) 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.
κ1975 Statutes of Nevada, Page 1088 (CHAPTER 579, AB 346)κ
sticker which shall be of a design and affixed in such manner as shall be prescribed by the Nevada tax commission.
2. The county assessor shall issue each year to the owner of a camper-shell not subject to taxation under the provisions of this chapter a tax plate or sticker similar to that provided in paragraph (b) of subsection 1, which the owner shall affix to the camper-shell in the manner prescribed by the Nevada tax commission.
Sec. 4. NRS 361.5644 is hereby amended to read as follows:
361.5644 1. If the purchaser or owner of a mobile home or slide-in camper fails to comply with the provisions of paragraph (a) or (b) of subsection 2 of NRS 361.562 or with the provisions of NRS 361.563 or 361.5642 within the required time the county assessor shall collect a penalty, which shall be added to the tax and collected therewith in the amount of 10 percent of the tax due, plus:
(a) If the tax on a mobile home is paid within 1 month after it is due, $3, and if paid on [a slide-in camper or travel trailer] any unit or vehicle mentioned in subsection 4 of NRS 361.561 within 1 month, $1.
(b) If the tax on a mobile home is paid more than 1 month after it is due, $3 for each full month or final fraction of a month which has elapsed, and if paid on [a slide-in camper or travel trailer] any unit or vehicle mentioned in subsection 4 of NRS 361.561 more than 1 month after it is due, $1 for each such month.
2. If any person required to pay a personal property tax under the provisions of NRS 361.562, 361.563 or 361.5642 neglects or refuses to pay such tax on demand of the county assessor, the county assessor or his deputy shall seize the mobile home or slide-in camper upon which such taxes are due and proceed in accordance with the provisions of NRS 361.535.
3. The tax is due and the tax and any penalty shall be computed for each fiscal year from:
(a) The date of purchase within or importation into this state, under NRS 361.562 and 361.563.
(b) July 1, under NRS 361.5642.
Sec. 5. NRS 482.400 is hereby amended to read as follows:
482.400 1. Except as provided in subsection 3, upon a transfer of the title [or interest of a legal owner or owner in or to a vehicle registered] to, or the interest of an owner in, a vehicle registered or issued a certificate of ownership under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for such vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.
2. Immediately thereafter the transferee shall apply for registration as provided in NRS 482.215, and shall pay the privilege taxes due.
3. If the transferee is a dealer who intends to resell the vehicle, he shall deliver immediately to the department or its agent the certificate of registration and the license plate or plates for such vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215, and shall pay the privilege taxes due. The dealer shall not be required to register, pay a transfer or registration fee for, or pay a privilege tax on any such vehicle.
κ1975 Statutes of Nevada, Page 1089 (CHAPTER 579, AB 346)κ
be required to register, pay a transfer or registration fee for, or pay a privilege tax on any such vehicle.
Sec. 6. 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:
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.
κ1975 Statutes of Nevada, Page 1090 (CHAPTER 579, AB 346)κ
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.
9. For [each stock passenger car, bus, reconstructed or specially constructed passenger car, motorcycle, motortruck and truck tractor] every motor vehicle 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. 7. NRS 482.545 is hereby amended to read as follows:
482.545 It 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 move upon a highway any slide-in camper or camper-shell that does not have affixed on it the tax plate or sticker provided in NRS 361.5643, when such movement is by a vehicle not subject to the exemption allowed in NRS 482.320 to 482.355, inclusive, 482.385 to 482.395, inclusive, and 482.420.
3. 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.
[3.] 4. 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.] 5. 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.] 6. 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.] 7. 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. 8. 1. Sections 2, 3 and 6 of this act shall become effective at 12:01 a.m. on July 1, 1975.
2. Sections 6 and 7 of this act shall become effective at 12:02 a.m. on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 1091κ
Assembly Bill No. 725Committee on Government Affairs
CHAPTER 580
AN ACT relating to motor vehicle safety responsibility; deleting certain provisions concerning suspension of vehicle registration; making proof of financial responsibility a requirement only for reissuance of a drivers license after its revocation; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 485.306 is hereby amended to read as follows:
485.306 [1. Whenever the division, under any law of this state, suspends or revokes the license of any person upon receiving a record of a conviction or a forfeiture of bail, the division shall also suspend the registration for all motor vehicles registered in the name of such person, except that it shall not suspend such registration, unless otherwise required by law, if such person has previously given or shall immediately give and thereafter maintain proof of financial responsibility with respect to all motor vehicles registered by such person.
2. Such license and registration shall remain suspended or revoked and shall not at any time thereafter be renewed, nor shall any license be thereafter issued to such person, nor shall any motor vehicle be thereafter registered in the name of such person until permitted under the motor vehicle laws of this state and not then unless and until he shall give and thereafter maintain proof of financial responsibility.
3. If a person is not licensed, but by final order or judgment is convicted of or forfeits any bail or collateral deposited to secure an appearance for trial for any offense requiring the suspension or revocation of a license, or for operating a motor vehicle upon the highways without being licensed to do so, or for operating an unregistered motor vehicle upon the highways, no license shall be thereafter issued to such person and no motor vehicle shall continue to be registered or thereafter be registered in the name of such person until he shall give and thereafter maintain proof of financial responsibility.
4.] Whenever the division [suspends or] revokes a residents or a nonresidents operating privilege by reason of a conviction or forfeiture of bail, such privilege shall remain [so suspended or] revoked unless such person [shall have] has previously given or [shall immediately give and thereafter maintain] immediately gives and thereafter maintains proof of financial responsibility.
________
κ1975 Statutes of Nevada, Page 1092κ
Assembly Bill No. 649Committee on Legislative Functions
CHAPTER 581
AN ACT relating to the legislature; increasing certain travel and telephone allowances for legislators; increasing per diem allowances for legislators; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. Notwithstanding the provisions of NRS 281.160 or any other law, the per diem expense allowance and the travel and telephone expenses of senators and assemblymen duly elected or appointed and in attendance at any session of the legislature shall be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a regular or special session of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a regular or special session of the legislature, each senator and assemblyman shall receive:
(a) A per diem expense allowance of [$30] $40 for one days travel to and one days travel from regular and special sessions of the legislature.
(b) Travel expenses computed at the rate of [12] 17 cents per mile traveled.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman shall be entitled to receive a supplemental travel allowance which shall not exceed:
(a) A total of [$1,200] $1,700 during each regular session of the legislature; and
(b) A total of [$500] $710 during each special session of the legislature,
for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee hearings.
4. Each senator and assemblyman shall be allowed for each day that the legislature is in regular or special session a per diem allowance of [$30] $40 per day.
5. Each senator and assemblyman shall be entitled to receive not to exceed the total sum of [$250] $500 as a telephone allowance for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not to exceed the total sum of [$100] $200 during each special session of the legislature.
6. Claims for expenses made under the provisions of this section shall be made in the same manner as other claims are made against the state, and shall be allowed and paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 shall be allowed and paid once each week during a legislative session.
________
κ1975 Statutes of Nevada, Page 1093κ
Assembly Bill No. 579Assemblymen Bennett, Benkovich and Chaney
CHAPTER 582
AN ACT relating to the state welfare administration; creating a medical care advisory group consisting of a chairman, an executive committee and six standing committees; and providing other matters properly relating thereto.
[Approved May 19, 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 to 5, inclusive, of this act.
Sec. 2. 1. The medical care advisory group is hereby created within the welfare division of the department of human resources.
2. The function of the medical care advisory group is to:
(a) Provide information concerning programs and goals of medical assistance programs.
(b) Suggest procedures whereby drugs and medical supplies are made available to recipients in the most effective and economical manner.
Sec. 3. 1. The medical care advisory group shall consist of a chairman, an executive committee and six standing committees.
2. The chief of the medical care section of the welfare division or other designated by the state welfare administrator to perform an equivalent function shall serve as secretary for the group and for each of the committees.
3. The chairman of the medical advisory group and the members of the committees shall be appointed by the director and shall serve for a term of 1 year.
4. Members shall serve without compensation, but are entitled to the subsistence allowances and travel expenses provided by law while attending meetings.
Sec. 4. 1. The executive committee of the medical care advisory board shall consist of:
(a) The chairman of the medical care advisory group who shall serve as chairman of the executive committee.
(b) The state health officer.
(c) The chairman of each of the standing committees.
2. The executive committee may, upon the recommendation of the chairman, form subcommittees for decisions and recommendations concerning specific problems within the scope of the functions of the medical care advisory group.
Sec. 5. 1. The standing committees and the members of each committee of the medical care advisory group are as follows:
(a) A consumer recipient committee consisting of seven members who represent the general public or who represent assistance programs, including but not limited to supplemental security income, state aid to the medically indigent, or foster parents.
(b) A dental committee consisting of five dentists who are licensed to practice in the State of Nevada.
(c) A hospital committee consisting of seven hospital administrators representing private and public hospitals.
κ1975 Statutes of Nevada, Page 1094 (CHAPTER 582, AB 579)κ
(d) A long-term care committee consisting of five health care professionals who practice in intermediate care facilities or skilled nursing facilities.
(e) A pharmacy committee consisting of six pharmacists who hold certificates as registered pharmacists in the State of Nevada.
(f) A physician committee consisting of 12 physicians who are licensed to practice in the State of Nevada.
2. At the first meeting subsequent to their appointment, the members of each committee shall elect a chairman.
3. Each committee shall meet at such times as the director, the chairman of the medical care advisory group or the committee deems necessary.
________
Assembly Bill No. 486Committee on Judiciary
CHAPTER 583
AN ACT relating to the Nevada equal rights commission; providing compensation for its members; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 233.030 is hereby amended to read as follows:
233.030 1. The Nevada equal rights commission consisting of five members is hereby created.
2. The members shall be appointed by the governor and shall serve at the pleasure of the governor.
3. Vacancies shall be filled by appointment by the governor.
4. [Members shall serve without compensation, but they shall be] Each member of the commission is entitled to receive as compensation $40 for each day actually employed on the work of the commission, in addition to the per diem [expense allowances] allowance and travel expenses [as] provided by law.
Sec. 2. This act shall become effective on July 1, 1975, at 12:01 a.m.
________
κ1975 Statutes of Nevada, Page 1095κ
Assembly Bill No. 455Assemblyman Robinson
CHAPTER 584
AN ACT revising the laws governing private employment agencies; providing qualifications for license; expanding conditions of bond required; regulating fees; prohibiting certain acts; specifying powers of the labor commissioner; providing penalties; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 611 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The labor commissioner shall administer the provisions of NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act and may adopt reasonable regulations to carry out the purposes of these sections.
Sec. 3. 1. The labor commissioner may issue a license to an applicant for the conduct of an employment agency:
(a) After making an investigation of the applicant and finding that he is of good moral character and has not been convicted of a felony or any offense involving moral turpitude;
(b) After making an investigation of the premises where the proposed employment agency will be conducted and finding that the premises are suitable for the purpose;
(c) Upon determining that the applicant is a resident of this state; and
(d) Upon the applicants payment of the licensing fee prescribed in NRS 611.060.
2. The labor commissioner shall complete his investigation of the applicant within 60 days after such applicant has submitted his application.
3. A license to conduct an employment agency is valid only as to the person and place named in the license and is effective from the date specified therein to and including the next following December 31, unless sooner suspended or revoked.
4. Annually at least 15 days prior to the expiration date of the license, the licensee must apply for renewal in the manner prescribed by regulation of the labor commissioner. Pending administrative action on a renewal application, the license may be continued in effect for a period not to exceed 60 days beyond the expiration date of the license.
Sec. 4. No employment agency may:
1. Impose fees of any kind for the registration of applicants except for furnishing employment or employees directly through the efforts of the agency.
2. Procure or attempt to procure the discharge of any person from his employment or unduly influence an employee to quit his employment for the purpose of obtaining other employment through such agency.
3. Require any applicant to subscribe to any publication or incidental service or contribute to the cost of advertising.
4. Refer any applicant to any employment or occupation prohibited by law.
κ1975 Statutes of Nevada, Page 1096 (CHAPTER 584, AB 455)κ
5. Except with the written consent of the labor commissioner, conduct an employment agency business in a room or rooms used for sleeping or other living purposes.
6. Use any name, sign or advertising device bearing a name that is similar to or can reasonably be confused with the name of any government agency or previously licensed employment agency.
7. Require any applicant to execute any contract or other document relating to his liability or obligation concerning employment services except on such forms as are prescribed or approved by the labor commissioner, and every such document executed contrary to this subsection is void.
Sec. 5. 1. The labor commissioner may conduct hearings pursuant to chapter 233B of NRS in the performance of his duties as set forth in NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act.
2. The labor commissioner may, in connection with such hearings:
(a) Issue subpenas for the attendance of witnesses and for the production of papers; and
(b) Administer oaths, examine witnesses and take testimony.
3. If any person fails to comply with any subpena or order lawfully issued by the labor commissioner or to testify to any matter regarding which the person in a hearing before the labor commissioner may be lawfully interrogated, the district court, upon application of the labor commissioner, shall compel obedience to the subpena or order or require the testimony by proceedings for contempt.
Sec. 6. Judicial review of any final order of the labor commissioner denying, suspending, or revoking a license of any employment agency is available to such agency pursuant to chapter 233B of NRS, and during the pendency of the proceedings for such review the agency shall be permitted to continue doing business as a licensed agency.
Sec. 7. 1. The labor commissioner may accept assignments of claims arising under NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act against employment agencies.
2. The labor commissioner may maintain a commercial account with any bank within the state for the deposit of any moneys recovered for the use of such assigning claimants. The moneys shall be promptly paid to the claimants entitled thereto. At the end of each calendar year, any unclaimed moneys in the commercial account which have been a part of such account for 7 years or more shall be paid into the state treasury for credit to the state general fund.
Sec. 8. NRS 611.020 is hereby amended to read as follows:
611.020 As used in NRS 611.020 to 611.320, inclusive [:] , and sections 2 to 7, inclusive, of this act:
1. Babysitting means employment to care for children during a short absence of the parents or guardian.
2. Employment agency means and includes the business of conducting, as owner, agent, manager, contractor, subcontractor, or in any other capacity, an intelligence office, domestic and commercial employment agency, general employment bureau, [shipping agency, stage line,] hotel, or any other agency for the purpose of procuring or attempting to procure help or employment for persons seeing employment, or for the registration of persons seeking such employment or help, or for giving information as to where and of whom such help or employment may be secured, where a fee or other valuable consideration is exacted or attempted to be collected for such services.
κ1975 Statutes of Nevada, Page 1097 (CHAPTER 584, AB 455)κ
registration of persons seeking such employment or help, or for giving information as to where and of whom such help or employment may be secured, where a fee or other valuable consideration is exacted or attempted to be collected for such services. [, or in connection with transportation furnished by a stage line as part of the employment agreement, whether such business is conducted in a building or on a street or elsewhere.]
3. Gross cash wage means wages and salary, lodging allocation when lodging is furnished in the employment agreement, and commissions paid.
[2.] 4. Labor commissioner means the labor commissioner of the State of Nevada.
[3.] 5. Person means and includes any individual, firm, company, corporation, association, manager, contractor, subcontractor, or their agents, [or] employees [.] or licensees.
Sec. 9. NRS 611.030 is hereby amended to read as follows:
611.030 1. [No] A person shall not open, keep, operate or maintain an employment agency in this state without first obtaining a license therefor as provided in NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act, from the labor commissioner.
2. No employment agency may solicit any employer in this state and refer or place any person for employment with such employer or otherwise do business in this state unless such employment agency has obtained a license from the labor commissioner under the provisions of section 3 of this act.
3. Any person who [shall open, keep, operate or maintain] opens, keeps, operates or maintains an employment agency without first procuring a license [shall be] is guilty of a misdemeanor.
Sec. 10. NRS 611.040 is hereby amended to read as follows:
611.040 1. A written application for a license to conduct a private employment agency in this state shall be made to the labor commissioner. [and shall state:] The application shall be in such form and content as the labor commissioner prescribes by regulation but shall include:
(a) The name and address of the applicant.
(b) The street and number of the building or place where the business is to be conducted.
(c) The business or occupation engaged in by the applicant for at least 2 years immediately preceding the date of the application.
2. The application shall be accompanied by: [affidavits]
(a) Affidavits of at least two reputable residents of [the city] this state to the effect that the applicant is a person of good moral character [.] ; and
(b) Proof that the applicant is a resident of this state.
Sec. 11. NRS 611.050 is hereby amended to read as follows:
611.050 1. The labor commissioner, upon reasonable notice and opportunity for a licensed employment agency to be heard, may deny, suspend or revoke its license after finding that it has failed to comply with any provision of NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act.
2. When, in the opinion of the labor commissioner, a community is being adequately served by [a free employment service, he shall have the authority to] existing licensed employment agencies, he may deny the establishment therein of any other employment agency.
κ1975 Statutes of Nevada, Page 1098 (CHAPTER 584, AB 455)κ
the authority to] existing licensed employment agencies, he may deny the establishment therein of any other employment agency.
Sec. 12. NRS 611.060 is hereby amended to read as follows:
611.060 Every person licensed under the provisions of NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act, to carry on the business of an employment agency shall pay to the labor commissioner a fee of $50 before the license is issued, and thereafter he shall pay an annual fee of $50 on or before the 1st day of each calendar year.
Sec. 13. NRS 611.070 is hereby amended to read as follows:
611.070 1. Before a license is issued, the applicant shall deposit with the labor commissioner a bond in the penal sum of $1,000 with two or more sureties or a duly authorized surety company as surety, which bond shall be first approved by the labor commissioner. A notice of 30 days shall be given to the labor commissioner before cancellation of such bond.
2. The bond shall be further conditioned that the suspension, revocation, surrender or expiration of the license to operate the employment agency does not affect the coverage of the bond as to a claim arising out of acts that occurred prior to the date of such suspension, revocation, surrender or expiration.
3. The labor commissioner may at any time require the licensee to file a new or supplementary bond in a form and amount not more than $5,000 to conform to the provisions of this section if the labor commissioner deems the surety of the initial bond to be unsatisfactory or the amount thereof to have become insufficient to satisfy all claims, accrued or contingent, against the licensee.
4. If the bond is secured by cash, the cash shall not be released for a period of 90 days following the date of suspension, revocation, surrender or expiration of the license.
Sec. 14. NRS 611.080 is hereby amended to read as follows:
611.080 The bond shall be payable to the people of the State of Nevada and shall be conditioned that the person applying for the license will comply with the provisions of NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act, and shall pay all damages occasioned to any person by reason of any misstatement, misrepresentation, fraud or deceit, or any unlawful act or omission of any licensee, made, committed or omitted in the business conducted under the license, or caused by any other violation of [NRS 611.020 to 611.320, inclusive,] such provisions in carrying on the business for which the license is granted.
Sec. 15. NRS 611.090 is hereby amended to read as follows:
611.090 If at any time the sureties or any of them shall become irresponsible, the licensee shall, upon receipt of notice from the labor commissioner, give a new bond, subject to the provisions of NRS 611.070 and 611.080. The failure to give a new bond within 10 days after such notice [shall operate] operates as a revocation of the license. The license shall thereupon be returned to the labor commissioner, who shall destroy the [same.] license.
Sec. 16. NRS 611.100 is hereby amended to read as follows:
611.100 At the end of each month the labor commissioner shall make an itemized account of all moneys received by him as license fees under the provisions of NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act, and shall pay the moneys to the state treasurer.
κ1975 Statutes of Nevada, Page 1099 (CHAPTER 584, AB 455)κ
make an itemized account of all moneys received by him as license fees under the provisions of NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act, and shall pay the moneys to the state treasurer. Such moneys shall accrue to the general fund in the state treasury.
Sec. 17. NRS 611.110 is hereby amended to read as follows:
611.110 Each license shall contain:
1. The name of the licensee.
2. A designation of the city, street and number of the [house in] premises at which the licensee is authorized to carry on the employment agency.
3. The name and date of issuance of the license.
Sec. 18. NRS 611.130 is hereby amended to read as follows:
611.130 The license and a copy of NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act, shall be posted in a conspicuous place in the employment agency.
Sec. 19. NRS 611.140 is hereby amended to read as follows:
611.140 1. All claims or suits brought in any court against any licensee may be brought in the name of the person or persons damaged upon the bond deposited with the [city clerk or county clerk, as the case may be,] labor commissioner by the licensee, and may be assigned as other claims for damages in civil suits. An action on the bond may be brought in the name of the State of Nevada by the labor commissioner for the use and benefit of such person or persons.
2. An action on the bond must be commenced within 90 days after the cause of action arises. The amount of damages claimed by the plaintiff, and not the penalty named in the bond, shall determine the jurisdiction of the court in which the action is brought.
Sec. 20. NRS 611.170 is hereby amended to read as follows:
611.170 1. [All] The premises of a licensed employment agency and all the registers, books, records and other papers kept by the licensee pursuant to NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act, shall be open at all reasonable hours to the inspection of the labor commissioner.
2. Every licensee shall furnish to the labor commissioner on request a true copy of such registers, books, records and papers, or any portion thereof, and shall make such reports as the labor commissioner may prescribe.
Sec. 21. NRS 611.220 is hereby amended to read as follows:
611.220 No person licensed pursuant to the terms of NRS 611.020 to 611.320, inclusive, [shall] and sections 2 to 7, inclusive, of this act, may charge, accept or collect from any applicant for employment as a fee for securing such employment any sum or sums of money in excess of [25] 40 percent of the first months [salary or compensation] gross cash wage received or paid for such employment [.] except babysitting placements and the fee shall not be in excess of 15 percent of the gross cash wage received or paid for such employment.
Sec. 22. NRS 611.230 is hereby amended to read as follows:
611.230 Every employment agency shall keep posted in a conspicuous place in its office or place of business a card or cards, furnished by the labor commissioner, upon which shall be printed in large blackfaced type the following: No fee shall be charged an applicant for employment which [shall exceed 25] exceeds 40 percent of the first months [salary or compensation.]
κ1975 Statutes of Nevada, Page 1100 (CHAPTER 584, AB 455)κ
the labor commissioner, upon which shall be printed in large blackfaced type the following: No fee shall be charged an applicant for employment which [shall exceed 25] exceeds 40 percent of the first months [salary or compensation.] gross cash wage.
Sec. 23. NRS 611.250 is hereby amended to read as follows:
611.250 If the applicant paying a fee fails to obtain employment, without fault refuses to accept employment, or is employed and the employment lasts less than 7 days, the employment agency shall repay the amount of the fee to the applicant [upon demand being made] within 3 days after he makes a demand therefor.
Sec. 24. NRS 611.260 is hereby amended to read as follows:
611.260 [1. In cases where the applicant paying a fee is sent beyond the limits of the city in which the employment agency is located, the employment agency shall, in addition to repaying any fee paid, reimburse the applicant for any actual expenses incurred in going to and returning from any place where the applicant has been sent.
2. Where] If the applicant is employed and the employment lasts [less than 7 days by reason of the discharge of the applicant, the employment agency shall return to the applicant the fee paid by him to the employment agency.] 7 or more days but less than 30 days, the fee charged the applicant shall not exceed 40 percent of the gross cash wage paid to the applicant.
Sec. 25. NRS 611.270 is hereby amended to read as follows:
611.270 1. [No] An employment agency shall not publish or cause to be published any false, fraudulent or misleading information, representation, notice or advertisement.
2. All advertisements of an employment agency, by means of cards, circulars, signs, or in newspapers and other publications, and all letterheads, receipts, and blanks shall be printed and contain the licensed name and address of the employment agency.
3. [No] A licensee shall not give any false, inaccurate or misleading information or make any false promise or false representation concerning an engagement or employment to any applicant who shall register or apply for employment or help.
Sec. 26. NRS 611.290 is hereby amended to read as follows:
611.290 [No] An employment agency shall not knowingly send an applicant to any place where a strike, lockout or other labor trouble exists without [notifying the applicant of such conditions, and shall in addition thereto enter a statement of such facts upon the receipt given to the applicant.] furnishing the applicant with a written statement of such fact, a copy of which statement, signed by the applicant, shall be kept on file for 1 year.
Sec. 27. NRS 611.300 is hereby amended to read as follows:
611.300 [No] An employment agency shall not divide fees with an employer, an agent or other employee of an employer [or with any superintendent, manager, foreman or other employee of any person, firm or corporation to which help is furnished.] , any other person to whom employment service has been furnished, or any other person not authorized to charge a fee under the provisions of NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act.
κ1975 Statutes of Nevada, Page 1101 (CHAPTER 584, AB 455)κ
Sec. 28. NRS 611.310 is hereby amended to read as follows:
611.310 The labor commissioner shall enforce NRS 611.020 to 611.320, inclusive, and sections 2 to 7, inclusive, of this act, and when informed of any violations thereof he shall report the fact to the district attorney of the county in which such violation occurred. The district attorney shall prosecute the violator in accordance with law.
Sec. 29. NRS 611.320 is hereby amended to read as follows:
611.320 Any person who violates any of the provisions of NRS 611.020 to 611.310, inclusive, [shall be] and sections 2 to 7, inclusive, of this act, or any regulation adopted thereunder, is guilty of a misdemeanor.
Sec. 30. This act shall become effective upon passage and approval.
________
Assembly Bill No. 453Assemblymen Ashworth, Robinson, Lowman, May, Banner, Hickey, Vergiels, Bremner, Jeffrey, Brookman, Price, Mann, Harmon, Demers, Schofield, Craddock, Hayes, Dreyer, Ford, Chaney and Sena
CHAPTER 585
AN ACT relating to county hospitals; permitting certain boards of county commissioners to appoint a hospital advisory board; authorizing governing bodies of county hospitals to contract with hospital management companies; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 450 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.
Sec. 1.3. 1. In counties where the board of county commissioners is the board of hospital trustees, the board of county commissioners may appoint a hospital advisory board, consisting of five members, which shall exercise powers and duties delegated to such advisory board by the board of county commissioners.
2. Members of a hospital advisory board shall be appointed by a majority vote of the board of county commissioners and shall serve at the pleasure of such board of county commissioners.
3. Members of a hospital advisory board may receive compensation for their services of no more than $100 per month.
Sec. 1.5. The government body of a county hospital may contract with a hospital management company for the rendering of management services in a county hospital, under the ultimate authority of the governing body. Such agreement may permit the hospital to utilize the purchasing facilities of the hospital management company and may provide that the hospital administrator shall be an employee of the hospital management company.
Sec. 2. NRS 450.070 is hereby amended to read as follows:
450.070 1. [The] Except in counties where the board of county commissioners is the board of hospital trustees, the board of hospital trustees for the public hospital shall consist of five trustees, who shall:
κ1975 Statutes of Nevada, Page 1102 (CHAPTER 585, AB 453)κ
(a) Be residents of the county or counties concerned. [, except for trustees running for election in subdistricts provided in subsection 2, who shall be residents of such subdistrict.]
(b) Be elected [from the hospital trustee districts] as provided in [subsections 2 and 3.
2. In any county whose population is 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital trustee districts are hereby created as follows:
(a) Subdistrict A shall consist of assembly districts Nos. 7, 18 and 19; enumeration districts Nos. 242, 243B, 243D, 244, 247B, 248, 291, 292, 293 and 294 in assembly district No. 17 and enumeration districts Nos. 241, 249, 279, 280, 281, 282, 283, 284A, 284B, 285, 286, 288, 289, 297, 299, 300, 301A, 301B and 302 is assembly district No. 20.
(b) Subdistrict B shall consist of assembly districts Nos. 1, 2, 3, 4 and enumeration districts Nos. 85, 87, 108 and 147 in assembly district No. 8.
(c) Subdistrict C shall consist of assembly districts Nos. 5, 10, 13, 15 and enumeration districts Nos. 126, 127, 128, 129, 165A and 166 in assembly district No. 8.
(d) Subdistrict D shall consist of assembly districts Nos. 14, 16, 21 and 22; enumeration districts Nos. 240, 277, 278, 296 and 298 in assembly district No. 17 and enumeration district No. 290 in assembly district No. 20.
(e) Subdistrict E shall consist of assembly districts Nos. 6, 9, 11, 12 and enumeration districts Nos. 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 and 123 is assembly district No. 8.
3. In other counties:] subsection 2.
2. In any county:
(a) Whose population is 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, hospital trustees shall be elected for terms of 4 years in the same manner as other county officers are elected.
(b) [In any county whose] Whose population is 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, hospital trustees shall be elected from the county at large for terms of 4 years.
Sec. 3. NRS 450.080 is hereby amended to read as follows:
450.080 Except in counties where the board of county commissioners is the board of hospital trustees:
1. The offices of hospital trustees are hereby declared to be nonpartisan, and the names of candidates for such offices shall appear alike upon the ballots of all parties at all primary elections.
2. At the general election only the names of these candidates, not to exceed twice the number of hospital trustees to be elected, who received the highest numbers of votes at the primary election shall appear on the ballot.
Sec. 4. NRS 450.090 is hereby amended to read as follows:
450.090 1. In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of county commissioners shall be, ex officio, the board of hospital trustees and shall serve during their terms of office as county commissioners.
κ1975 Statutes of Nevada, Page 1103 (CHAPTER 585, AB 453)κ
of county commissioners shall be, ex officio, the board of hospital trustees and shall serve during their terms of office as county commissioners.
2. In any county having [100,000 or more population,] a population of 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of hospital trustees for the public hospital shall be composed of the five regularly elected or appointed members, and, in addition, three county commissioners selected by the chairman of the board of county commissioners shall be voting members thereof, and shall serve during their terms of office as county commissioners.
[2.] 3. In any county having less than 100,000 population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of hospital trustees for the public hospital shall be composed of the five regularly elected or appointed members, and, in addition, the board of county commissioners may, by resolution, provide that one county commissioner selected by the chairman of the board of county commissioners shall be a voting member of the board of hospital trustees during his term of office as county commissioner.
Sec. 5. NRS 450.110 is hereby amended to read as follows:
450.110 [Vacancies] Except in counties where the board of county commissioners is the board of hospital trustees, vacancies in the board of hospital trustees occasioned by resignations, removals or otherwise shall be reported to the board or boards of county commissioners and shall be filled in the same manner as the original appointments. Appointees shall hold office until the next following general election in the usual manner.
Sec. 6. NRS 450.120 is hereby amended to read as follows:
450.120 Except as provided in subsection 3:
1. Within 10 days after their appointment or election, the trustees shall organize as a board of hospital trustees by the election of one of their number as chairman, one as secretary, and by the election of such other officers as they may deem necessary.
2. The county treasurer of the county in which the hospital is located shall be the treasurer of the board of hospital trustees. The treasurer shall receive and pay out all the moneys under the control of the board, as ordered by it, but shall receive no compensation from the board of hospital trustees.
3. In counties where the board of county commissioners is the board of hospital trustees, the chairman of the board of county commissioners shall be chairman and the county clerk shall be the secretary of the board of hospital trustees. The county clerk shall receive no compensation from the board of hospital trustees.
Sec. 7. NRS 450.130 is hereby amended to read as follows:
450.130 1. In counties having less than 30,000 registered voters in the 1954 general election, or any subsequent general election, a hospital trustee may receive a salary as follows:
(a) The chairman and secretary of the board of hospital trustees may receive $20 for each board meeting which they attend, which sum is not to exceed $40 per month.
κ1975 Statutes of Nevada, Page 1104 (CHAPTER 585, AB 453)κ
(b) The other trustees may receive $15 for each board meeting they attend, which sum is not to exceed $30 per month.
2. In any county or counties having 30,000 or more registered voters in the 1954 general election, or any subsequent general election, a hospital trustee may, subject to the provisions of subsection 3, receive a salary of $50 per month and the chairman of the board of hospital trustees may receive a salary of $100 per month.
3. Before any hospital trustee is entitled to any compensation as provided in subsection 2, he shall first have devoted a minimum of 1 day during the month exclusively to the business and affairs of the hospital, exclusive of regular meetings of the board of hospital trustees.
4. Any trustee of any county hospital may receive reimbursement for any cash expenditures actually made for personal expenses incurred as such trustee. An itemized statement of all such expenses and money paid out shall be made under oath by each of such trustees and filed with the secretary. An itemized statement shall be allowed only by an affirmative vote of all trustees present at a meeting of the board.
5. In counties where the county commissioners are the board of hospital trustees, they shall serve without compensation, but are allowed the per diem allowance and traveling expenses fixed by law.
Sec. 8. NRS 450.075 is hereby repealed.
Sec. 9. In counties where the provisions of this act apply, members of the board of hospital trustees shall serve until July 1, 1975, and their terms as such members expire by limitation on that date.
________
Assembly Bill No. 528Clark County Delegation
CHAPTER 586
AN ACT relating to county government; increasing the term of one member of the county fair and recreation board of certain counties; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.647 is hereby amended to read as follows:
244.647 1. In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the county fair and recreation board shall consist of nine members selected as follows:
(a) Two members by the board of county commissioners from their own number.
(b) Two members by the governing body of the largest incorporated city in the county from their own number.
(c) One member by the governing body of one of the other incorporated cities in the county from their own number.
(d) Four members to be appointed by the members selected pursuant to paragraphs (a), (b) and (c).
κ1975 Statutes of Nevada, Page 1105 (CHAPTER 586, AB 528)κ
to paragraphs (a), (b) and (c). Such members shall be selected from a list of three nominees for each position submitted by the chamber of commerce of the largest incorporated city in the county. Such lists shall be composed of nominees respectively who are actively engaged in:
(1) The resort hotel industry.
(2) The motel industry.
(3) The finance industry.
(4) General business or commerce.
2. In order to determine which of the incorporated cities in the county is entitled to the representative provided in paragraph (c) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city shall be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing [.] , until July 1, 1975. Commencing July 1, 1975, the city then entitled to representation on the board is entitled to representation for 2 years, and thereafter each city is entitled to representation for 2 years in its proper turn as determined by the original drawing.
3. Any vacancy occurring on a county fair and recreation board shall be filled by the authority entitled to appoint the member whose position is vacant.
4. Upon the expiration of the terms of those members appointed pursuant to paragraph (d) of subsection 1, on January 1, 1974, four new members shall be appointed as provided in that paragraph as follows:
(a) Two members shall be appointed for 2-year terms.
(b) Two members shall be appointed for 1-year terms.
Thereafter all members shall be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he was appointed to represent, he ceases to be a member, and another person engaged in that business shall be appointed to fill the unexpired term. Any such member may succeed himself.
5. The terms of members appointed pursuant to paragraphs (a) and (b) of subsection 1 shall be coterminous with their terms of office. Any such member may succeed himself.
________
Assembly Bill No. 224Assemblymen Wagner and Weise
CHAPTER 587
AN ACT relating to the property tax; requiring the Nevada Tax Commission to classify mobile homes on the basis of service lives for assessment purposes; making an appropriation; and providing other matters properly relating thereto.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.325 is hereby amended to read as follows:
361.325 1. The Nevada tax commission may continue in session from day to day after the session of the state board of equalization for the purpose of considering the tax affairs of the state.
κ1975 Statutes of Nevada, Page 1106 (CHAPTER 587, AB 224)κ
from day to day after the session of the state board of equalization for the purpose of considering the tax affairs of the state.
2. After the adjournment of the state board of equalization and on or before the 1st Monday in June of each year, the Nevada tax commission shall:
(a) Fix and establish the valuation for assessment purposes of all livestock [and mobile homes] in the state. [; and]
(b) Classify all mobile homes in the state on the basis of those factors which most closely determine their service lives and fix and establish their valuation for assessment purposes. The definition of mobile home in NRS 361.561 applies to this paragraph.
(c) Classify land and fix and establish the valuation thereof for assessment purposes. The classification of agricultural land shall be made on the basis of crop or forage production, either in tons of crops per acre or other unit, or animal unit months of forage. An animal unit month is the amount of forage which is necessary for the complete sustenance of one animal unit for a period of 1 month. One animal unit is defined as one cow and calf, or its equivalent, and the amount of forage necessary to sustain one animal unit for 1 month is defined as meaning 900 pounds of dry weight forage per month.
3. The valuation of livestock, mobile homes and land so fixed and established shall be for the next succeeding year and shall be subject to equalization by the state board of equalization at the February meeting thereof for such year.
4. The Nevada tax commission shall have the power to cause to be placed on the assessment roll of any county property found to be escaping taxation coming to its knowledge after the adjournment of the state board of equalization. Such property shall be placed upon the assessment roll prior to the delivery thereof to the ex officio tax receiver. If such property cannot be placed upon the assessment roll of the proper county within the proper time, it shall thereafter be placed upon the tax roll for the next ensuing year, in addition to the assessment for the current year, if any, and taxes thereon shall be collected for the prior year in the same amount as though collected upon the prior years assessment roll.
5. The Nevada tax commission shall not rise or lower any valuations established at the session of the state board of equalization unless, by the addition to any assessment roll of property found to be escaping taxation, it shall be found necessary so to do.
6. Nothing in this section shall be construed as providing an appeal from the acts of the state board of equalization to the Nevada tax commission.
Sec. 2. There is hereby appropriated from the state general fund to the Nevada tax commission for the purpose of developing the data required to comply with the provisions of paragraph (b) of subsection 2 of NRS 361.325, the following amounts:
1. For the fiscal year ending June 30, 1976, $15,000.
2. For the fiscal year ending June 30, 1977, $35,000.
________
κ1975 Statutes of Nevada, Page 1107κ
Assembly Bill No. 164Committee on Ways and Means
CHAPTER 588
AN ACT to amend NRS 412.124, relating to the Nevada National Guard, by establishing minimum daily pay and allowances for members called to active state duty.
[Approved May 19, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 412.124 is hereby amended to read as follows:
412.124 1. The adjutant general, with the approval of the governor, may order members of the Nevada National Guard to active duty. Members, while on such duty, shall receive the pay and allowances of their corresponding grades in the Armed Forces of the United States [.] , but in no case shall such pay and allowances be less than $30 per day.
2. Members of the Nevada National Guard serving on courts-martial, courts of inquiry, efficiency boards, medical boards or other special duty requiring absence from their stations or business under competent orders may be reimbursed for necessary expenses incurred at the rate established for state employees by NRS 281.160.
3. In lieu of other provisions of this chapter, a medical examiner may be paid for his services and necessary disbursements and a properly appointed judge advocate may be paid for legal services and necessary disbursements in any suit, action or proceeding such amounts as shall be approved by the governor.
4. Members of the Nevada National Guard shall not receive from the state the pay or the pay and allowances provided for by this section when eligible for such pay and allowances from federal funds.
5. Members of the Nevada National Guard may with their consent perform without pay or without pay and allowances any of the types of military duty prescribed in this chapter pursuant to orders issued by competent military authority; but necessary traveling expenses, subsistence and per diem allowances may be furnished such members within the discretion of the adjutant general and within the amount appropriated therefor.
6. All pay and allowances provided for by this chapter, except per diem, mileage and expenses while traveling under orders shall be subject to be applied to the payment of penalties and fines imposed by military courts, and to the payment of any shortage of or injury to state or United States property or funds for which a member of the Nevada National Guard is responsible or accountable where such responsibility has been fixed by competent authority.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 1108κ
Assembly Bill No. 112Assemblymen Bennett and Chaney
CHAPTER 589
AN ACT relating to the Nevada Insurance Code; requiring that the coverage of infants provided under health insurance contracts, hospital, medical or dental service contracts and health care plans begin at the time of birth; and providing other matters properly relating thereto.
[Approved May 19, 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:
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, from the time of birth as provided in section 2 of this act, 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.
κ1975 Statutes of Nevada, Page 1109 (CHAPTER 589, AB 112)κ
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. Chapter 689A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. All individual health insurance policies providing family coverage on an expense-incurred basis shall as to family members coverage provide that the health benefits applicable for children shall be payable with respect to a newly-born child of the insured from the moment of birth. The policies shall provide the coverage specified in subsection 3 and shall not exclude premature births.
2. If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy or contract may require that notification of birth of a newly-born child and payments of the required premium or fees must be furnished to the insurer within 31 days after the date of birth in order to have the coverage continue beyond such 31-day period.
3. The coverage for newly-born children shall consist of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by such treatment center.
Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. All group health insurance policies providing coverage on an expense-incurred basis and all employee welfare plans providing medical, surgical or hospital care or benefits established or maintained for employees or their families or dependents, or for both, shall as to such family members coverage provide that the health benefits applicable for children shall be payable with respect to a newly-born child of the insured from the moment of birth. The policies shall provide the coverage specified in subsection 3 and shall not exclude premature births.
2. If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy or contract may require that notification of birth of a newly-born child and payments of the required premium or fees must be furnished to the insurer or welfare plan within 31 days after the date of birth in order to have the coverage continue beyond such 31-day period.
3. The coverage for newly-born children shall consist of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by such treatment center.
κ1975 Statutes of Nevada, Page 1110 (CHAPTER 589, AB 112)κ
Sec. 4. Chapter 695B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. All individual and group service or indemnity-type contracts issued by a nonprofit corporation which provide coverage for a family member of the subscriber shall as to such coverage provide that the health benefits applicable for children shall be payable with respect to a newly-born child of the subscriber from the moment of birth. The contracts shall provide the coverage specified in subsection 3, and shall not exclude premature births.
2. If payment of a specific subscription fee is required to provide covorder to have the coverage continue beyond such 31-day period.
newly-born child and payments of the required fees must be furnished to the nonprofit service corporation within 31 days after the date of birth in order to have the coverage continue beyond such 31-day period.
3. The coverage for newly-born children shall consist of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by such treatment center.
Sec. 5. Chapter 695C of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. All individual and group health care plans which provide coverage for a family member of the enrollee shall as to such coverage provide that the health care services applicable for children shall be payable with respect to a newly-born child of the enrollee from the moment of birth. The plans shall provide the coverage specified in subsection 3, and shall not exclude premature births.
2. If payment of a specific charge is required to provide coverage for a child, the evidence of coverage may require that notification of birth of a newly-born child and payments of the required charge shall be furnished to the health maintenance organization within 31 days after the date of birth in order to have the coverage continue beyond such 31-day period.
3. The coverage for newly-born children shall consist of preventive health care services as well as coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by such treatment center.
Sec. 6. The requirements of this act shall apply to all insurance policies and subscriber contracts delivered or issued for delivery in this state after August 31, 1975.
Sec. 7. Section 1 of this act shall become effective on July 1, 1975, at 12:01 a.m.
________
κ1975 Statutes of Nevada, Page 1111κ
Senate Bill No. 295Committee on Transportation
CHAPTER 590
AN ACT relating to traffic laws; providing for multiple trip-limited time permits to operate or move certain overweight or oversize vehicles; providing penalties; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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.
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. Doors 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.
κ1975 Statutes of Nevada, Page 1112 (CHAPTER 590, SB 295)κ
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 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] multiple trip-limited time 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.] 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.
κ1975 Statutes of Nevada, Page 1113 (CHAPTER 590, SB 295)κ
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 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 or multiple trip-limited time 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:
(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.
κ1975 Statutes of Nevada, Page 1114 (CHAPTER 590, SB 295)κ
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. 2. NRS 484.761 is hereby amended to read as follows:
484.761 The application for [such] a permit under NRS 484.759 shall:
1. Specifically describe the vehicle, vehicles or special mobile equipment and load to be operated or moved and the particular highways over which the permit to operate is requested.
2. State whether such permit is requested for a single trip or for continuous or multiple trip-limited time operation.
Sec. 3. NRS 484.765 is hereby amended to read as follows:
484.765 1. No vehicle operated or moved upon any public highway under the authority of a continuous or multiple trip-limited time permit shall exceed a maximum weight of 20,000 pounds on any single axle. Before any continuous permit is issued, the applicant shall pay a reasonable fee to be determined by the department of highways or the governing body of any city or county to pay the costs and expenses of conducting an initial investigation of the highway or highways involved.
2. If, after issuance of a continuous or multiple trip-limited time permit by the department of highways or the governing body of any city or county, such department or governing body finds that the traffic authorized by such continuous or multiple trip-limited time permit has caused substantial highway distress, then [such continuous] the permit may be revoked summarily, but such revocation shall not operate to prevent a subsequent filing of a new application for another continuous or multiple trip-limited time permit.
Sec. 4. NRS 484.769 is hereby amended to read as follows:
484.769 1. It [shall be] is unlawful for any person to operate or move any vehicle or equipment designated in NRS 484.759 over any highway without first obtaining a permit, or to violate or evade any of the terms or conditions of such permit when issued, and any person violating any of the provisions of NRS 484.759 to 484.767, inclusive, [shall be] is guilty of a misdemeanor.
2. Any person operating or moving any vehicle or equipment designated in NRS 484.759 over any highway under the authorization of a continuous or multiple trip-limited time permit and who violates any weight limitation in excess of the weight authorized by the permit shall be punished, upon conviction, as provided in NRS 484.757.
________
κ1975 Statutes of Nevada, Page 1115κ
Senate Bill No. 350Committee on Finance
CHAPTER 591
AN ACT fixing the state ad valorem tax levies for the 2 fiscal years commencing July 1, 1975, and ending June 30, 1976, and commencing July 1, 1976, and ending June 30, 1977; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year commencing July 1, 1975, and ending June 30, 1976, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.
Sec. 2. For the fiscal year commencing July 1, 1976, and ending June 30, 1977, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 161Committee on Ways and Means
CHAPTER 592
AN ACT relating to communications; establishing a state communications system; creating the state communications board and its technical advisory committee; providing for a state communications director; providing for a state communications fund; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. As used in this chapter, the terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3. Agency means an officer, board, commission, council, department, division, bureau or any other unit of government except the political subdivisions of this state.
Sec. 4. Board means the state communications board.
Sec. 5. Communication means any transmission, emission or reception of signs, signals, writings, images or sounds which convey intelligence of any nature by wire, radio, optical or other electromagnetic systems.
κ1975 Statutes of Nevada, Page 1116 (CHAPTER 592, AB 161)κ
Sec. 6. Director means the state communications director.
Sec. 7. State communications system means communication equipment and associated facilities owned, leased or used by state agencies.
Sec. 7.5. Telephone industry means telephone companies operating in the State of Nevada under the jurisdiction of the public service commission of Nevada.
Sec. 8. 1. The legislature finds and declares that a state communications system is vital to the security and welfare of the state during times of emergency and in the conduct of its regular business, and that economies may be realized by joint use of the system by all state agencies. It is the purpose of the legislature that a state communications system be developed whereby maximum efficiency in the joint use of existing communications systems is achieved and that all communication functions and activities of state agencies be coordinated. It is not the intent of the legislature to remove from the department of general services control over the state telephone system intended for use by state agencies and the general public.
2. The legislature further declares that if at any time the state communications board established by this chapter considers a proposal for expansion of the telecommunications service, equipment or facilities normally provided to the State of Nevada by the telephone industry, such service, equipment or facilities are to be provided through the telephone industry except when the requirements of subsection 3 have been met.
3. If the state communications board has reason to believe that significant savings can be achieved if proposed expansions of the telecommunications service, equipment or facilities normally provided to the State of Nevada by the telephone industry are provided by the state rather than through the telephone industry:
(a) The board shall conduct a study and prepare a report detailing the proposed expansions and the estimated savings. The report shall be submitted to the research and fiscal analysis division of the legislative counsel bureau for review.
(b) Upon receipt of such report, the staff of the research and fiscal analysis division shall evaluate the findings and conclusions of the board and shall present to the interim finance committee its analysis of the proposed expansions and estimated savings.
(c) The interim finance committee shall review the report of the board and the analysis presented by the research and fiscal analysis division and may approve or disapprove the boards proposal.
(d) No proposal for the state rather than the telephone industry to provide expansion of the telecommunications service, equipment or facilities provided to the State of Nevada may be implemented without the approval of the interim finance committee.
Sec. 9. There is hereby established a state communications board composed of the:
1. Director of the civil defense and disaster agency;
2. Director of the department of general services;
3. Director of the department of law enforcement assistance;
4. Director of the department of motor vehicles;
5. Director of the Nevada department of fish and game;
6. Director of the state department of conservation and natural resources; and
κ1975 Statutes of Nevada, Page 1117 (CHAPTER 592, AB 161)κ
7. State highway engineer.
Sec. 10. 1. The board shall elect a chairman and such other officers as it deems necessary from among its members. Each officer shall serve 1 year and until a successor is elected by the board. Board officers may be reelected.
2. The board shall meet at least quarterly and at such times and places as are specified by a call of the chairman or any two members of the board. Four members of the board constitute a quorum.
3. Each member of the board shall:
(a) Designate a permanent voting alternate to represent him at board meetings in his absence.
(b) Appoint a technical representative to serve on a technical advisory committee which is hereby created to serve the board.
4. Members of the board and the technical advisory committee shall serve without compensation.
Sec. 11. 1. The board shall establish and implement policy respecting the development, administration and operation of the state communications system.
2. Regulations governing the joint use of the state communications system shall establish a minimum standard for such use and are supplemental to rules or regulations of the Federal Communications Commission on the same subject.
3. Microwave channels assigned to user agencies by the board prior to July 1, 1975, shall not be reassigned without the concurrence of the user agency.
4. Microwave channels shall be assigned permanently to the department of law enforcement assistance for assignment by such department to local, state and federal law enforcement agencies as the department may desire. Operating costs shall be assumed by the department of law enforcement assistance with equitable billings charged to user agencies.
Sec. 12. 1. The board shall fix the qualifications of and appoint the state communications director who shall serve at the pleasure of the board.
2. The director is in the unclassified service of the state, and is entitled to the per diem expense allowances and travel expenses provided by law.
3. The director shall not engage in any other gainful employment or occupation.
Sec. 13. All state agencies shall provide the state communications board with any information which the board requests for the purpose of implementing the provisions of this chapter, except where the disclosure of such information is expressly prohibited by law, and otherwise cooperate and assist to the maximum extent possible in the development and joint use of the state communications system.
Sec. 14. Except as provided in section 11 of this act, with the approval of the board, the state communications director shall:
1. Consolidate the communications systems and services of state agencies and provide for their joint use by federal and state agencies.
2. Prepare plans and engineering, conduct studies and review planning for the orderly development of the state communications system.
κ1975 Statutes of Nevada, Page 1118 (CHAPTER 592, AB 161)κ
3. Procure, install and maintain and purchase or lease communications equipment, facilities and services.
4. Consolidate state procurement required on a periodic basis in accordance with specifications approved by the board.
5. Enter into and administer agreements involving the state communications system.
6. Develop a comprehensive system of equitable billings and charges for communications services provided in any consolidated or joint use system of communications. Such charges shall reflect as nearly as practicable the actual share of costs incurred on behalf of or for services rendered to a user agency.
7. Advise agencies of the state as to systems or methods to be used to meet communications requirements efficiently and effectively.
8. Assure that maintenance is performed on the state communications system efficiently and economically.
9. Standardize policies and procedures for the joint use of the state communications system.
10. Provide within his office a staff, consisting of personnel in the classified service of the state, adequate to carry out the provisions of this chapter.
Sec. 15. 1. Each state agency participating in the state communications system, unless otherwise provided by agreement with the board, shall:
(a) Develop operating procedures and maintain operational control over its radio communications network, including mobile radio systems.
(b) Establish criteria for radio service area coverage within the limits of its authority.
(c) Employ, control and supervise all personnel operating radios, consoles, teletype machines and data terminals and having access to record files and message-handling facilities.
(d) Determine the amount of public safety radio services equipment it requires and which of its vehicles or locations will be radio-equipped.
(e) Determine its communications requirements respecting mobile radio equipment, public safety radio services and state-owned communications systems, and budget for such equipment and services.
(f) Maintain its state-owned communications equipment.
2. Each state agency may approve use of its radio communications network by others.
Sec. 16. 1. The state communications board may be substituted as the contracting party for any state agency in any existing agreements entered into by such agency respecting shared communications facilities and in such event the board succeeds to all the rights and obligations of the substituted agency created by the agreement.
2. The board may collect and receive fees due on such agreements and any other agreements the board may enter pursuant to this chapter. All such fees shall be deposited in the state communications fund which is hereby created for the use of the board in defraying the costs of the state communications system. All claims against the fund shall be paid in the manner that other claims against the state are paid.
3. The board may accept gifts, bequests, devices, grants or trusts of money or other property to the board or to the State of Nevada for purposes of the state communications system.
κ1975 Statutes of Nevada, Page 1119 (CHAPTER 592, AB 161)κ
money or other property to the board or to the State of Nevada for purposes of the state communications system. Any receipts shall be deposited in the fund and used for the purpose specified by the donor or for the purpose of carrying out the provisions of this chapter.
Sec. 17. In the event of any emergency, the governor may direct civil defense assumption of control over all or part of the state communications system.
Sec. 18. This act shall become effective upon passage and approval.
________
Senate Bill No. 352Committee on Education
CHAPTER 593
AN ACT relating to education of handicapped minors; specifying that mentally retarded minors may be admitted to special programs at age 3; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 388.440 is hereby amended to read as follows:
388.440 As used in NRS 388.440 to 388.520, inclusive, handicapped minor means any person under the age of 18 years who deviates either educationally, academically, physically, socially or emotionally so markedly from normal growth and development patterns that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.
Sec. 2. NRS 388.490 is hereby amended to read as follows:
388.490 1. Except as provided in subsections 2, [3 and 4,] 3, 4 and 5, handicapped minors may be admitted at the age of 5 years to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
2. Aurally handicapped minors may be admitted at any age under 5 to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
3. Visually handicapped minors may be admitted at any age under 5 to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
4. Academically talented minors may be admitted at the age of 4 years to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
5. Mentally retarded minors may be admitted at the age of 3 years to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.
________
κ1975 Statutes of Nevada, Page 1120κ
Senate Bill No. 250Senators Hilbrecht, Neal, Herr, Gibson, Lamb, Brown, Walker, Echols, Bryan and Schofield
CHAPTER 594
AN ACT relating to justices of the peace; increasing the number allotted to certain townships; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 4.020 is hereby amended to read as follows:
4.020 1. There shall be one justices court in each of the townships of the state, for which there shall be elected by the qualified electors of the township at a general state election in November 1974, and every 4 years thereafter, the following number of justices of the peace according to the population of the township as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:
(a) If the population is less than 60,000, one justice of the peace.
(b) If the population is 60,000 or more [,] but less than 150,000, two justices of the peace.
(c) If the population is 150,000 or more, four justices of the peace.
2. The term of office of justices of the peace shall be 4 years beginning on the 1st Monday in January next succeeding their election.
3. Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.
4. The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the secretary of state the election or appointment and qualification of the justice of the peace. The certificate shall be filed in the office of the secretary of state as evidence of the official character of such officer.
Sec. 2. The board of county commissioners of each county in which there is a township of such size that its justices court is entitled to two additional justices of the peace under the provisions of section 1 of this act may appoint:
1. One justice of the peace effective July 1, 1975; and
2. One justice of the peace effective July 1, 1976,
to fill such positions until the 1st Monday of January 1977.
Sec. 3. Section 2 of this act shall become effective on July 1, 1975. Section 1 of this act shall become effective on July 1, 1975, for the purposes of nomination and election of justice of the peace, and for all other purposes on the 1st Monday of January 1977.
________
κ1975 Statutes of Nevada, Page 1121κ
Senate Bill No. 187Committee on Finance
CHAPTER 595
AN ACT relating to vehicle registration; increasing motor vehicle registration fee designated for supplementary patrolmen; limiting the total number of patrolmen; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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 of NRS 482.480 [.] , but at no time may the total number of highway patrolmen exceed 151.
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. 2. 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:
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:
κ1975 Statutes of Nevada, Page 1122 (CHAPTER 595, SB 187)κ
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, for each transfer of registration the fee shall be $2.
9. 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. 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] $3 for each registration, which shall be placed in a special fund to be used only for the purposes specified in NRS 481.145.
Sec. 3. Section 13 of chapter 267, Statutes of Nevada 1975, is hereby amended to read as follows:
Section 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, but at no time may the total number of highway patrolmen exceed 151.
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. 4. Section 18 of chapter 267, Statutes of Nevada 1975, is hereby amended to read as follows:
Section 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:
κ1975 Statutes of Nevada, Page 1123 (CHAPTER 595, SB 187)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. [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 $3 for each registration, which shall be placed in a special fund to be used only for the purposes specified in NRS 481.145.
κ1975 Statutes of Nevada, Page 1124 (CHAPTER 595, SB 187)κ
shall be an additional fee of $3 for each registration, which shall be placed in a special fund to be used only for the purposes specified in NRS 481.145.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 746Committee on Health and Welfare
CHAPTER 596
AN ACT relating to nursing; authorizing the state board of nursing to issue interim permits to practice to certain professional and practical nurse applicants; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The board may, after verifying the applicants diploma, issue an interim permit authorizing the applicant to practice professional nursing until the results of the examination required by NRS 632.150 are received.
2. If the applicant does not pass the examination, the interim permit expires upon notification by the board. The interim permit is not renewable.
3. The board may adopt regulations for the reexamination of an applicant who does not pass the examination.
Sec. 3. 1. The board may, after verifying that the applicant meets the requirements of NRS 632.270, issue an interim permit authorizing the applicant to practice as a practical nurse until the results of the examination required by NRS 632.280 are received.
2. If the applicant does not pass the examination, the interim permit expires upon notification by the board. The interim permit is not renewable.
3. The board may adopt regulations for the reexamination of an applicant who does not pass the examination.
Sec. 4. NRS 632.250 is hereby amended to read as follows:
632.250 None of the provisions of NRS 632.130 to 632.240, inclusive, and section 2 of this act, shall be constructed as prohibiting:
1. The practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him to accompany or care for a patient temporarily residing in this state during the period of one such engagement not to exceed 6 months in length, provided such person does not represent or hold himself out as a nurse licensed to practice in this state.
2. The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division or agency thereof, while in the discharge of his official duties in this state.
κ1975 Statutes of Nevada, Page 1125 (CHAPTER 596, AB 746)κ
3. Gratuitous nursing by friends or by members of the family of the patient.
4. Nursing assistance in the case of an emergency.
5. The practice of nursing by students enrolled in accredited schools of professional nursing, or by graduates of such schools or courses pending the results of the first licensing examination scheduled by the board following such graduation.
6. The incidental care of the sick by domestic servants or persons primarily employed as housekeepers if they do not practice nursing within the meaning of this chapter.
7. Nonmedical nursing for the care of the sick, with or without compensation, when done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, so long as such nursing does not amount to the practice of professional nursing as defined in NRS 632.010.
Sec. 5. NRS 632.340 is hereby amended to read as follows:
632.340 None of the provisions of NRS 632.260 to 632.330, inclusive, and section 3 of this act, shall be construed as prohibiting:
1. Gratuitous nursing by friends or by members of the family.
2. The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.
3. Nursing assistance in the case of an emergency.
4. The practice of nursing by students enrolled in accredited schools of practical nursing, or by graduates of such schools or courses pending the results of the first licensing examination scheduled by the board following such graduation.
5. The practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed 6 months in length, provided such person does not represent or hold himself out as a nurse licensed to practice in this state.
6. The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division, or agency thereof, while in the discharge of his official duties in this state.
7. Nonmedical nursing for the care of the sick, with or without compensation, when done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, so long as such nursing does not amount to the practice of practical nursing as defined in NRS 632.010.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 1126κ
Assembly Bill No. 708Select Committee on Utilities
CHAPTER 597
AN ACT relating to air pollution; placing a moratorium on the enforcement of compliance schedules, variance orders or other enforcement actions applicable to certain generating facilities; and requiring state environmental commission to review existing air contaminant emission standards.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.361 is hereby amended to read as follows:
244.361 [The] 1. Except as provided in subsection 2, the boards of county commissioners of the various counties of this state are granted the power and authority, by ordinance regularly enacted, to regulate, control and prohibit, as a public nuisance, the excessive emission of dense smoke and air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases within the boundaries of the county.
2. No existing compliance schedule, variance order or other enforcement action relating to air pollution by fossil fuel-fired steam generating facilities, with a capacity greater than 1,000 megawatts, may be enforced until July 1, 1977.
Sec. 2. NRS 268.410 is hereby amended to read as follows:
268.410 [In] 1. Except as provided in subsection 2, and in addition to any authority or power provided by the charter of any incorporated city in this state, whether incorporated by general or special act, or otherwise, there is granted to the governing body of each of the cities incorporated under any law of this state the power and authority, by ordinance regularly enacted, to regulate, control and prohibit, as a public nuisance, the excessive emission of dense smoke and air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases within the corporate limits of the city.
2. No existing compliance schedule, variance order or other enforcement action relating to air pollution by fossil fuel-fired steam generating facilities, with a capacity greater than 1,000 megawatts, may be enforced until July 1, 1977.
Sec. 3. NRS 445.546 is hereby amended to read as follows:
445.546 1. The district board of health, county board of health or board of county commissioners in each county which has a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall establish an air pollution control program within 2 years after July 1, 1971, and administer such program within its jurisdiction unless superseded.
2. The program shall:
(a) Establish by ordinance or local regulation standards of emission control, emergency procedures and variance procedures equivalent to or stricter than those established by statute or state regulation; and
(b) Provide for adequate administration, enforcement, financing and staff.
κ1975 Statutes of Nevada, Page 1127 (CHAPTER 597, AB 708)κ
3. The district board of health, county board of health or board of county commissioners is designated as the air pollution control agency of the county for the purposes of this act, and the federal act insofar as it pertains to local programs, and such agency is authorized to take all action necessary to secure for the county the benefits of the federal act.
4. Powers and responsibilities provided for in NRS 445.461, 445.476 to 445.526, inclusive, 445.571 to 445.581, inclusive, and 445.601 shall be binding upon and shall inure to the benefit of local air pollution control authorities within their jurisdiction.
5. The local air pollution control board shall carry out all provisions of NRS 445.466 with the exception that notices of public hearings shall be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, once a week for 3 weeks, which notice shall specify with particularity the reasons for the proposed rules or regulations and provide other informative details. Such rules or regulations may be more restrictive than those adopted by the commission. NRS 445.466 shall not apply to the adoption of existing regulations upon transfer of authority as provided in NRS 445.598.
6. Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the state, or may establish its own air pollution control program. If such county establishes such program, it shall be subject to the approval of the commission.
7. No existing compliance schedule, variance order or other enforcement action relating to air pollution by fossil fuel-fired steam generating facilities, with a capacity greater than 1,000 megawatts, may be enforced until July 1, 1977.
8. The state environmental commission shall hold 1 or more public hearings prior to July 1, 1976, for the purpose of reviewing air contaminant emission standards applicable to fossil fuel-fired steam generating facilities.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 687Assemblyman Banner
CHAPTER 598
AN ACT relating to county officers and employees; providing for the payment of one-half of the unused sick leave to county officers and employees upon their termination, retirement or death; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 245.210 is hereby amended to read as follows:
245.210 1. The board of county commissioners of each of the several counties shall enact an ordinance providing for annual, sick and disability leave for elected and appointed county officers and county employees.
κ1975 Statutes of Nevada, Page 1128 (CHAPTER 598, AB 687)κ
several counties shall enact an ordinance providing for annual, sick and disability leave for elected and appointed county officers and county employees. The provisions of such ordinance may be more restrictive but not more extensive than the provisions set forth in subsection 2.
2. Such an ordinance shall include provisions in substance as follows:
(a) A provision that all elected and appointed officers and employees shall be entitled to annual leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 30 working days.
(b) A provision that the board of county commissioners may by order provide for additional annual leave for long-term appointed officers and employees and for prorated annual leave for part-time employees.
(c) A provision that if an appointed officer or employee dies and was entitled to accumulated annual leave under the provisions of the ordinance, the heirs of such deceased officer or employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor or administrator of his estate, upon submitting satisfactory proof to the board of county commissioners of their entitlement, shall be paid an amount of money equal to the number of days earned or accrued annual leave multiplied by the daily salary or wages of such deceased officer or employee.
(d) A provision that no elected county officer shall be paid for accumulated annual leave upon termination of his service.
(e) A provision that during the first 6 months of employment of any appointed officer or employee, annual leave shall accrue as provided in paragraph (a), but no annual leave shall be taken during such period.
(f) A provision that no appointed officer or employee shall be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
(g) A provision that all elected and appointed officers and employees [shall be] are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 90 working days.
(h) A provision that the board of county commissioners may by order provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.
(i) A provision that any appointed officer or employee may be granted a leave of absence without pay.
3. Such an ordinance may include a provision that upon termination of employment, retirement or death all elected and appointed officers and employees are entitled to payment for one-half of their unused sick leave at their salary rate at the time of termination, retirement or death.
________
κ1975 Statutes of Nevada, Page 1129κ
Assembly Bill No. 609Committee on Judiciary
CHAPTER 599
AN ACT investing justices courts and municipal courts in certain counties with original jurisdiction to try juveniles charged with minor traffic violations; specifying the punishments which may be imposed on children and their parents for traffic violations; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 62.020 is hereby amended to read as follows:
62.020 1. When used in this chapter, unless the context otherwise requires:
(a) Adult means a person 18 years of age or older.
(b) Child means a person less than 18 years of age or a person less than 21 years of age who committed an act of delinquency before reaching the age of 18 years.
(c) Court means the juvenile division of the district court.
(d) Judge means the judge of the juvenile division of the district court.
(e) Minor traffic offense means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within the State of Nevada other than:
(1) Manslaughter.
(2) Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in violation of NRS 484.379.
(3) Driving a motor vehicle without having been issued a license or permit to drive such a vehicle, or during suspension of a drivers license or permit.
(4) Any traffic offense declared to be a felony.
2. The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of this chapter.
Sec. 2. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except as otherwise provided in this chapter, the court [shall have] has exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county who is neglected because:
(1) He has been abandoned by his parents, guardian, or other custodian;
(2) He is without proper parental care and control, or subsistence, education, medical or other care or control necessary for his well-being because of the faults or habits of his parents, guardian or other custodian or their neglect or refusal, when able to do so, to provide them;
(3) His parents, guardian, or other custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity; or
(4) He has been placed for care or adoption in violation of law.
(b) Concerning any child living or found within the county who is in need of supervision because he:
κ1975 Statutes of Nevada, Page 1130 (CHAPTER 599, AB 609)κ
(1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;
(2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or
(3) Deserts, abandons or runs away from his home or usual place of abode,
and is in need of care or rehabilitation. Such a child shall not be considered a delinquent.
(c) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he:
(1) Commits an act designated a crime under the law of the State of Nevada, or who violates a county or municipal ordinance or any rule or regulation having the force and effect of law; or
(2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.
(d) Concerning any child in need of commitment to an institution for the mentally retarded.
2. [Nothing contained in this chapter shall] This chapter does not deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.
3. This chapter does not deprive justices courts and municipal courts in any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, of original jurisdiction to try juveniles charged with minor traffic violations but:
(a) The restrictions set forth in subsection 3 of NRS 62.170 are applicable in such proceedings; and
(b) Such justices courts and municipal courts may, upon adjudication of guilt of such offenses, refer any juvenile to the juvenile court for sentencing if such referral is deemed in the best interest of the child and where such minor is unable to pay the fine assessed or has been ordered to be imprisoned.
In all other cases prior consent of the juvenile court judge or judges is required before reference to the juvenile court may be ordered. Any child charged in a justices court or municipal court pursuant to this subsection shall be accompanied at all proceedings by a parent or legal guardian.
Sec. 3. NRS 62.083 is hereby amended to read as follows:
62.083 Whenever any child is found to have violated a traffic law or ordinance, the judge, or his duly authorized representative, shall forward to the department of motor vehicles, in the form required by NRS 483.450, a record of such violation, other than violation of a law or ordinance governing standing or parking, and may, in his discretion, do one, some or all of the following:
1. Impose a fine.
2. Recommend to the department of motor vehicles the suspension [or revocation] of the childs [operators] drivers license.
[3. Order the child placed on probation and require his successful completion of a traffic survival school approved by the judge.
4. Order as a condition of probation that the child or his parents pay the reasonable cost or a part thereof of the childs attending the approved traffic survival school.]
κ1975 Statutes of Nevada, Page 1131 (CHAPTER 599, AB 609)κ
the reasonable cost or a part thereof of the childs attending the approved traffic survival school.]
3. Require that the child attend and complete a traffic survival course.
4. Order that the child or his parents pay the reasonable cost of the childs attending the traffic survival course.
5. Order the child to be placed on a work detail in order to repay any fine imposed.
6. Order the child placed on probation.
Sec. 4. This act shall become effective on July 1, 1976.
________
Senate Bill No. 222Senators Bryan, Close, Wilson, Foote, Hilbrecht, Sheerin and Dodge
CHAPTER 600
AN ACT relating to rape victims; providing restrictions on and procedures for the admissibility of certain evidence relating to the victim in prosecutions against rape offenders; prohibiting certain jury instructions; requiring certain hospital costs to be paid by the counties; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 48.045 is hereby amended to read as follows:
48.045 1. Evidence of a persons character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except:
(a) Evidence of his character or a trait of his character offered by an accused, and similar evidence offered by the prosecution to rebut such evidence;
(b) Evidence of the character or a trait of character of the victim of the crime offered by an accused, subject to the procedural requirements of section 2 of this act where applicable, and similar evidence offered by the prosecution to rebut such evidence; and
(c) [Evidence] Unless excluded by section 4 of this act, evidence of the character of a witness, offered to attack or support his credibility, within the limits provided by NRS 50.085.
2. Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
Sec. 2. Chapter 48 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any prosecution for forcible rape or for assault with intent to commit, attempt to commit or conspiracy to commit forcible rape, if the accused desires to present evidence of any previous sexual conduct of the victim of the crime to prove the victims consent:
κ1975 Statutes of Nevada, Page 1132 (CHAPTER 600, SB 222)κ
1. The accused shall first submit to the court a written offer of proof, accompanied by a sworn statement of the specific facts that he expects to prove and pointing out the relevance of the facts to the issue of the victims consent.
2. If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at such hearing allow the questioning of the victim regarding the offer of proof.
3. At the conclusion of the hearing, if the court determines that the offered evidence:
(a) Is relevant to the issue of consent; and
(b) Is not required to be excluded under NRS 48.035,
the court shall make an order stating what evidence may be introduced by the accused and the nature of the questions which he is permitted to ask. The accused may then present evidence or question the victim pursuant to the order.
Sec. 3. NRS 50.085 is hereby amended to read as follows:
50.085 1. Opinion evidence as to the character of a witness is admissible to attack or support his credibility but subject to these limitations:
(a) Opinions are limited to truthfulness or untruthfulness; and
(b) Opinions of truthful character are admissible only after the introduction of opinion evidence of untruthfulness or other evidence impugning his character for truthfulness.
2. Evidence of the reputation of a witness for truthfulness or untruthfulness is inadmissible.
3. Specific instances of the conduct of a witness, for the purpose of attacking or supporting his credibility, other than conviction of crime, may not be proved by extrinsic evidence. They may, however, if relevant to truthfulness, be inquired into on cross-examination of the witness himself or on cross-examination of a witness who testifies to an opinion of his character for truthfulness or untruthfulness, subject to the general limitations upon relevant evidence and the limitations upon interrogation [.] and subject to the provisions of section 4 of this act.
Sec. 4. Chapter 50 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any prosecution for forcible or statutory rape or for assault with intent to commit, attempt to commit or conspiracy to commit either crime, the accused may not present evidence of any previous sexual conduct of the victim of the crime to challenge the victims credibility as a witness unless the prosecutor has presented evidence or the victim has testified concerning such conduct, or the absence of such conduct, in which case the scope of the accuseds cross-examination of the victim or rebuttal shall be limited to the evidence presented by the prosecutor or victim.
Sec. 5. Chapter 175 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. In any prosecution for forcible or statutory rape or for an assault with intent to commit, attempt to commit or conspiracy to commit either crime, the term unchaste character may not be used with reference to the alleged victim of the crime in any instruction to the jury.
Sec. 7. In a prosecution for forcible or statutory rape, the court may not give any instructions to the jury to the effect that it is difficult to prove or establish beyond a reasonable doubt the crime of rape.
κ1975 Statutes of Nevada, Page 1133 (CHAPTER 600, SB 222)κ
Sec. 8. Chapter 449 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any costs incurred by a hospital for:
1. The examination of the victim of a sexual offense, when such examination is performed for the purposes of gathering evidence for possible prosecution of the person who committed the offense; or
2. Initial emergency medical care for the victim,
shall not be charged directly or indirectly to the victim. Such costs shall be charged to the county in whose jurisdiction the offense was committed.
________
Senate Bill No. 607Committee on Finance
CHAPTER 601
AN ACT making an appropriation from the general fund in the state treasury to the state public works board for carrying out a program of capital improvements for the State of Nevada; specifying certain powers, duties and requirements of the state public works board respecting the program; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the state public works board the sum of $25,111,568 to support the board in carrying out a program of capital improvements for fiscal years 1975-1976 and 1976-1977 and summarized as follows:
1. Capital improvements for general state agencies................ $1,275,377
2. Capital improvements for the University of Nevada System 5,858,730
3. Capital improvements for the department of human resources 9,723,561
4. Capital improvements for the Nevada state prison............. 7,336,800
5. Capital improvements for the state department of agriculture 343,800
6. Capital improvements for the Nevada department of fish and game 573,300
Sec. 2. 1. The state public works board is hereby charged with the duty of carrying out the provisions of this act:
(a) As provided in chapter 341 of NRS; and
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in this act.
2. The state public works board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.
κ1975 Statutes of Nevada, Page 1134 (CHAPTER 601, SB 607)κ
3. All work authorized by this act shall be approved by the state public works board, and each contract document pertaining to such work shall be approved by the attorney general.
4. Except as provided in subsection 5, the state public works board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for each construction project designated in this act. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state public works board may accept bids on either the whole or on part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
5. The state public works board shall not be required to advertise for sealed bids for construction projects the estimated cost of which is less than $5,000, but the state public works may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 177Senator Monroe
CHAPTER 602
AN ACT making an appropriation to the department of highways for the continuation of the state-county road improvement program; and providing other matters properly relating thereto.
[Approved May 20, 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 department of highways the sum of $600,000 for the continuation of the state-county road improvement program.
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.
________
κ1975 Statutes of Nevada, Page 1135κ
Assembly Bill No. 791Committee on Ways and Means
CHAPTER 603
AN ACT relating to certain historic railroad rolling stock; authorizing the interim finance committee to investigate and make an appropriate disposition thereof; and providing other matters properly relating thereto.
[Approved May 20, 1975]
Whereas, The Nevada state park system is now charged with the custody and any feasible restoration and display of certain obsolete but historic rolling stock of the former Virginia & Truckee Railroad; and
Whereas, Investigation has shown that the restoration and appropriate housing of these items for display would entail substantial expense; and
Whereas, It appears possible that a private or nonprofit enterprise might assume these tasks and thereby accomplish the purpose of their appropriate preservation and display as historic objects without cost to the state; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The interim finance committee shall pursue the investigation, begun by the standing committees on finance and ways and means, of possible dispositions of the Virginia & Truckee Railroad rolling stock now held by the State of Nevada which would accomplish the general objectives of having it suitably restored and displayed. If the interim finance committee finds that one or more such dispositions are feasible, it shall select the one most advantageous to the state and to the public interest. If it further finds that such disposition is more advantageous to the state than retention of the rolling stock, upon consideration of both costs and benefits, the interim finance committee is authorized to make the selected disposition and the Nevada state park system is relieved, as soon as the disposition is accomplished, of further responsibility in the premises.
Sec. 2. Any net proceeds of disposition, after repayment of any moneys which the state may be obligated to repay because of the disposition, shall be deposited in the state treasury to the credit of the general fund. If disposition is made, any unencumbered balance of the appropriation made by section 4 of chapter 453, Statutes of Nevada 1973, 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 1136κ
Assembly Bill No. 750Committee on Government Affairs
CHAPTER 604
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 21, 1971, as amended.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2.010 of article II of the above-entitled act, being chapter 515, Statutes of Nevada 1971, as last amended by chapter 752, Statutes of Nevada 1973, at page 1571, is hereby amended to read as follows:
Section 2.010 Board of commissioners: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a board of commissioners consisting of four commissioners and a mayor.
2. The mayor and commissioners shall be:
(a) [Registered voters, for at least 2 years immediately prior to the year in which the election is held,] Qualified electors who have resided within the territory established by the boundaries of the city [on] for a period of not less than 30 days immediately prior to the last day for filing an affidavit of candidacy.
(b) At least 25 years of age.
(c) Citizens of the United States.
3. The mayor shall be elected by the registered voters of the city at large. Each commissioner other than the mayor shall be a resident of the ward which he represents for a period of not less than 30 days immediately prior to the last day for filing his affidavit of candidacy and elected by the registered voters of that ward.
4. All commissioners, including the mayor, shall serve for terms of 4 years. The mayor or any commissioner shall automatically forfeit the remainder of his term of office and such office shall become vacant if he ceases to be a resident of the territory or ward he represents.
[4.] 5. The mayor and commissioners shall receive a salary in an amount fixed by the board of commissioners.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 1137κ
Assembly Bill No. 227Committee on Ways and Means
CHAPTER 605
AN ACT relating to state employee group insurance premiums; revising amounts allowable for payment by state employer; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 287.044 is hereby amended to read as follows:
287.044 1. A part of the cost of the monthly premiums of such group insurance, not to exceed [$21.49 for the fiscal period beginning January 1, 1973, and ending June 30, 1974,] $30 for the fiscal year 1975-1976, or [$23.64 for the fiscal year 1974-1975,] $32 for each fiscal year thereafter, applied to both group life and group accident or health coverage, for each state or other participating officer or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf such part is paid from funds appropriated to or authorized for such department, agency, commission or public agency for such purpose. State participation in the cost of monthly premiums shall not exceed the amounts specified in this subsection.
2. No department, agency, commission or public agency shall pay any part of such premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.
________
Assembly Bill No. 210Assemblymen Ford and Bremner
CHAPTER 606
AN ACT relating to the Nevada archeological survey; establishing the survey; providing for its organization, functions, housing, staffing, membership, contracts and publications; providing for intergovernmental cooperation; providing definitions; making an appropriation; and providing other matters properly relating thereto.
[Approved May 20, 1975]
Whereas, The objects and localities of Nevadas historic and prehistoric heritage are limited in occurrence and fragile in character and the unrecorded information they represent is threatened by the effects of population growth, changes in the status of certain federal lands and increased accessibility to previously remote areas; and
Whereas, There is an immediate need for a sustained and coordinated statewide program to survey, record, study and preserve or salvage information and objects from localities of historic, prehistoric and paleoenvironmental significance and to provide statewide consulting and field services to private and governmental organizations in order to mitigate adverse impact to these limited resources; and
κ1975 Statutes of Nevada, Page 1138 (CHAPTER 606, AB 210)κ
Whereas, There presently exists a cooperative association named the Nevada Archaeological Survey which has been coordinated by the Nevada state museum and established between the Nevada state museum, University of Nevada System, Nevada historical society and the Lost City museum for the purposes of recovering information on objects and localities of historic and prehistoric significance, coordinating statewide archeological research efforts and maintaining standards for archeological reporting; and
Whereas, It is imperative that the purposes of the Nevada archeological survey be more effectively accomplished; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 381 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. As used in sections 2 to 17, inclusive, of this act, unless the context requires otherwise:
1. Coordinator means the administrative head of the survey.
2. Council means the Nevada archeological survey council.
3. Survey means the Nevada archeological survey.
Sec. 3. The Nevada archeological survey is hereby established in the Nevada state museum to coordinate a cooperative program to survey, record, study and preserve or salvage objects, localities and information of historic, prehistoric and paleoenvironmental significance.
Sec. 4. The following divisions of the survey are established and shall be housed at the locations indicated:
1. Central-administrative division at the facilty of the Nevada state museum in Carson City, Nevada.
2. Northern division on the campus of the University of Nevada, Reno.
3. Southern division on the campus of the University of Nevada, Las Vegas.
4. Desert research institute division at the western studies center, University of Nevada, Reno, general university extension.
Sec. 5. 1. There is hereby established the Nevada archeological council composed of the:
(a) Coordinator;
(b) Directors of the divisions of the survey;
(c) Director of the Nevada state museum; and
(d) Staff members of the Nevada historical society and the Lost City museum appointed pursuant to section 10 of this act.
2. The council shall adopt regulations for the conduct of its business by a two-thirds vote of three-fourths of its members at two consecutive meetings.
Sec. 6. The council shall:
1. Establish and implement policy respecting the administration and operation of the survey;
2. Develop survey budget proposals;
3. Review survey publications and research proposals;
4. Periodically review survey service to public agencies and private organizations; and
κ1975 Statutes of Nevada, Page 1139 (CHAPTER 606, AB 210)κ
5. Advise the coordinator on matters of interest to the survey.
Sec. 7. 1. The coordinator shall be appointed by the director of the Nevada state museum from among the survey division directors subject to approval by a majority vote of the council. The coordinator shall serve at the pleasure of the council.
2. The coordinator shall:
(a) Administer all survey research efforts and, with the business office of the Nevada state museum, research contracts with public agencies or private organizations; and
(b) Facilitate relations with other public agencies in matters of mutual interest.
Sec. 8. 1. Each division of the survey shall be headed by a director who must be on archeologist holding the doctor of philosophy degree or its equivalent and meeting such other necessary qualifications as shall be set by the council.
2. Each division director shall be in the classified service of the state or the professional service of the University of Nevada System.
Sec. 9. 1. Staff positions in each division of the survey may include permanent positions in the state classified service or professional service of the University of Nevada System and temporary positions funded through contract and contract overhead revenues.
2. Each survey division director may fill or vacate any such temporary position within his division.
3. Employees of the divisions of the survey shall be part-time, full-time or adjunct employees of the Nevada state museum.
Sec. 10. The executive secretary of the Nevada historical society and the curator of the Lost City museum shall each appoint a staff member to act as a liaison between his office and the central-administrative division and as a member of the council.
Sec. 11. The Nevada state museum, University of Nevada System, Nevada historical society and Lost City museum are permanent members of the Nevada archeological survey. The coordinator, with council approval, may designate other permanent members.
Sec. 12. Educational institutions, museums, historical societies and other organizations, not permanent members, which are concerned with the purposes of the survey may request organizational membership in that survey division most geographically appropriate for sustained and coordinated joint activity. Affiliation under this section requires approval by the division director and the coordinator.
Sec. 13. 1. Individual membership in the survey is limited to active professionals in Great Basin historic studies, prehistoric studies or relevant ancillary studies. Affiliation under this section requires approval of the coordinator.
2. Individual members may accept contract work through any survey division with the approval of the division director and the coordinator.
Sec. 14. 1. All contracts relating to the Nevada archeological survey, including such contracts under section 13 of this act, must be approved by the coordinator, signed by the director of the Nevada state museum and administered by the coordinator and the business office of the Nevada state museum.
κ1975 Statutes of Nevada, Page 1140 (CHAPTER 606, AB 210)κ
2. All contract work with the survey shall be conducted according to standards established by the coordinator.
Sec. 15. The Nevada state museum may assess and charge sufficient overhead on contracts for services of the survey to help defray its operating costs. Expenditures from the overhead account must be used for purposes related to programs of the survey.
Sec. 16. The survey may prepare, publish and sell appropriate publications. Revenue from such sales must be used to defray manuscript preparation and publication costs.
Sec. 17. 1. All departments, commissions, boards and other agencies of the state and its political subdivisions shall cooperate with the survey in order to salvage or preserve historic, prehistoric or paleoenvironmental evidence located on property owned or controlled by the United States, the State of Nevada or its political subdivisions.
2. When any agency of the state or its political subdivisions is preparing or has contracted to excavate or perform work of any kind on property owned or controlled by the United States, the State of Nevada or its political subdivisions which may endanger historic, prehistoric or paleoenvironmental evidence found by the survey to be on the property, or when any artifact, site or other historic or prehistoric evidence is discovered in the course of such excavation or work, the agency or the contractor hired by the agency shall notify the survey and cooperate with the survey to the fullest extent practicable to preserve or permit study of such evidence before its destruction, displacement or removal.
3. The provisions of this section shall be made known to all private contractors performing such excavation or work for any agency of the state or its political subdivisions.
Sec. 18. NRS 381.120 is hereby amended to read as follows:
381.120 1. [The] Except as provided in section 9 of this act, the board of trustees may employ and fix the duties, powers and conditions of employment of the director and all curators, assistants, janitors, laborers, guards and employees of the Nevada state museum.
2. Except for the director and two assistants specified by the board of trustees, all employees of the Nevada state museum whose salaries are paid from the general fund appropriation shall be in the classified service of the state. The director shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182. The board of trustees may, within the limits of legislative appropriation, fix the annual salaries of the two assistants.
3. When any employee is required to perform any travel in conjunction with his duties and at the specific instruction of his supervisor, he shall be reimbursed for such expense in accordance with the provisions of NRS 281.160.
4. The director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 19. There is hereby appropriated from the general fund in the state treasury to the Nevada state museum for the purpose of carrying out the provisions of this act the sum of $50,000 for the fiscal year beginning July 1, 1975, and ending June 30, 1976, and the sum of $50,000 for the fiscal year beginning July 1, 1976, and ending June 30, 1977.
κ1975 Statutes of Nevada, Page 1141 (CHAPTER 606, AB 210)κ
$50,000 for the fiscal year beginning July 1, 1976, and ending June 30, 1977.
Sec. 20. 1. Section 19 of this act shall become effective on July 1, 1975.
2. All other sections of this act shall become effective upon passage and approval.
________
Senate Bill No. 52Committee on Judiciary
CHAPTER 607
AN ACT relating to sex offenses; enlarging the circumstances under which a husband may be convicted of rape; enlarging the category of reportable child abuse to include sexual abuse; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in NRS 200.501 to 200.508, inclusive, sexual abuse includes but is not limited to acts upon a child constituting the crimes of:
1. Forcible rape under NRS 200.363;
2. Incest under NRS 201.180;
3. The infamous crime against nature under NRS 201.190;
4. Lewdness with a child under NRS 201.230;
5. Annoyance or molestation of a minor under NRS 207.260; and
6. Statutory rape under NRS 200.365.
Sec. 2. NRS 200.373 is hereby amended to read as follows:
200.373 A husband may not be convicted of the rape of his wife unless he is an accomplice or accessory to the rape of his wife by a third person [.] , or unless at the time of such rape the couple were living apart and one of them had filed an action for separate maintenance or divorce.
Sec. 3. NRS 200.503 is hereby amended to read as follows:
200.503 1. The report required under the provisions of NRS 200.502 may be made verbally, by telephone or otherwise, and shall be reduced to writing by the maker thereof as soon as possible thereafter.
2. Such report shall contain the following information, if obtainable:
(a) The name, address and age of such child;
(b) The name and address of the childs parents or other persons responsible for his care;
(c) The nature and extent of the abuse or neglect of the child; [childs injuries;] and
(d) Any evidence of previous injuries.
Sec. 4. NRS 200.508 is hereby amended to read as follows:
200.508 1. Any adult person having the care, custody or control of a minor child under the age of 18 years who willfully causes or permits such child to suffer unjustifiable physical pain, mental suffering, serious injury or injuries inflicted as the result of abuse or neglect, or who causes or permits the life of such child to be endangered or the health of such child to be injured, or who willfully causes or permits such child to be placed in such situation that its life or limb may be in danger or its health likely to be injured is guilty of a gross misdemeanor.
κ1975 Statutes of Nevada, Page 1142 (CHAPTER 607, SB 52)κ
such child to suffer unjustifiable physical pain, mental suffering, serious injury or injuries inflicted as the result of abuse or neglect, or who causes or permits the life of such child to be endangered or the health of such child to be injured, or who willfully causes or permits such child to be placed in such situation that its life or limb may be in danger or its health likely to be injured is guilty of a gross misdemeanor.
2. [Nothing contained in this section shall be construed to mean a child is abused or neglected, or that the health of a child is endangered for the sole reason his parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, which treatment is recognized and permitted under the laws of this state in lieu of medical treatment.
3.] As used in this section, permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
________
Senate Bill No. 516Committee on Finance
CHAPTER 608
AN ACT relating to gaming licensing and control; providing for the collection of underpayments and the refund of overpayments of certain gaming license fees and casino entertainment taxes; providing for payment of interest; increasing the limitation period for civil actions for collection of fees, interest, penalties or tax and for civil actions for refunds of overpayments of fees or tax; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463.142 is hereby amended to read as follows:
463.142 1. At any time within [3] 5 years after any amount of fees, interest, penalties or tax required to be collected pursuant to the provisions of this chapter becomes due and payable, and at any time within [3] 5 years after the delinquency of any amount of such fees, interest, penalties or tax, the commission may bring a civil action in the courts of this state, or any other state, or of the United States, in the name of the State of Nevada to collect the amount delinquent together with penalties and interest. An action may be brought even though the person owing the amount is not a gaming licensee under the provisions of this chapter.
2. If the action is brought in this state:
(a) A writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment is required.
(b) The records of the commission shall be prima facie evidence of the determination of the tax or the amount of the tax, the delinquency of the amount set forth and compliance by the commission with all the provisions of this chapter in relation to the computation and determination of the amounts.
κ1975 Statutes of Nevada, Page 1143 (CHAPTER 608, SB 516)κ
Sec. 2. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as provided in NRS 463.373, before issuing a state gaming license, the commission shall charge and collect from each applicant a license fee based upon all the gross revenue of such applicant as follows:
Three percent of all the gross revenue of such applicant which does not exceed $150,000 per quarter year; and also
Four percent of all the gross revenue of each applicant which exceeds $150,000 per quarter year and does not exceed $400,000 per quarter year; and also
Five and one-half percent of all the gross revenue of such applicant which exceeds $400,000 per quarter year.
2. Unless the licensee is operating under a license issued for less than a full calendar quarter, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar quarter, on or before the last day of the first month of the calendar quarter for which the license is issued.
3. When a licensee is operating under a license issued for less than a full calendar quarter, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that quarter, on or before the last day of the first month of the following calendar quarter of operation. The payment of the fee due for the first full calendar quarter of operation based on the gross revenue derived from gambling pursuant to this section shall be accompanied by the payment of a fee in like amount for the next full calendar quarter. Thereafter, each quarterly license fee shall be paid in advance based on the gross revenue of the preceding quarter. Any deposit held by the commission on July 1, 1969, shall be treated as such advance payment.
4. All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on such premises which is leased by the licensee-owner to any such person, shall be attributed to such owner for the purposes of this section and shall be counted as part of the gross revenue of the owner. The lessee shall be liable to the owner for his proportionate share of such license fees.
5. If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:
(a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or
(b) Refund any overpayment, with interest thereon, to the licensee.
Interest shall be computed at the rate of 7 percent per annum from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.
Sec. 3. NRS 463.387 is hereby amended to read as follows:
463.387 1. State gaming license fees or taxes erroneously collected may be refunded, upon the approval of the commission, as other claims against the state are paid.
2. Notwithstanding the provisions of NRS 353.115, any claim for refund of state gaming license fees or taxes paid in excess of the amount required to be reported and paid, must be filed with the commission within 5 years after the date of overpayment.
κ1975 Statutes of Nevada, Page 1144 (CHAPTER 608, SB 516)κ
refund of state gaming license fees or taxes paid in excess of the amount required to be reported and paid, must be filed with the commission within 5 years after the date of overpayment.
Sec. 4. NRS 463.403 is hereby amended to read as follows:
463.403 1. Every person required to pay the tax imposed by NRS 463.401 shall file with the commission quarterly, on or before the last day of the month succeeding each calendar quarter, a report showing the amount of all taxable receipts for such calendar quarter.
2. Each report shall be accompanied by the amount of tax shown to be due for the period covered by the report.
3. If the amount of tax required to be reported and paid pursuant to NRS 463.401 is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:
(a) Charge and collect the additional tax determined to be due, with interest thereon until paid; or
(b) Refund any overpayment, with interest thereon, to the licensee.
Interest shall be computed at the rate of 7 percent per annum from the first day of the first month following either the due date of the additional tax or the date of overpayment until paid.
4. Any person failing to pay the tax provided for in NRS 463.401 on or before the last day of the month succeeding each calendar quarter shall pay in addition to such tax a penalty of not less than $25 or 25 percent of the gross amount due, whichever is greater, but in no case in excess of $1,000, which penalty shall be collected as are other charges and penalties under this chapter.
Sec. 5. Sections 2 and 3 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Senate Bill No. 611Committee on Health, Welfare and State Institutions
CHAPTER 609
AN ACT relating to alcohol abuse; providing for the medical treatment of an intoxicated person arrested for a public offense; removing intoxication as an element of a public offense in certain cases; reducing the time allowed to keep an intoxicated person taken into civil protective custody; requiring the family of an intoxicated person taken into civil protective custody to be notified; requiring the records of facilities treating intoxicated persons to be kept confidential; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as provided in subsection 2, the registration and other records of a treatment facility are confidential and shall not be disclosed to any person not connected with the treatment facility without the consent of the patient.
κ1975 Statutes of Nevada, Page 1145 (CHAPTER 609, SB 611)κ
2. The provisions of subsection 1 do not restrict the use of a patients records for the purpose of research into the causes and treatment of alcoholism if such information is not published in a way that discloses the patients name or other identifying information.
Sec. 3. 1. An intoxicated person taken into custody by a peace officer for a public offense shall immediately be taken to a secure detoxification unit or other appropriate medical facility if his condition appears to require emergency medical treatment.
2. Upon release from the detoxification unit or medical facility, such person shall immediately be remanded to the custody of the apprehending peace officer and criminal proceedings shall proceed as prescribed by law.
Sec. 4. NRS 458.250 is hereby amended to read as follows:
458.250 The legislature finds and declares that the handling of alcohol abusers within the criminal justice system is ineffective, whereas treating alcohol abuse as a health problem allows its prevention and treatment and relieves law enforcement agencies of a large and inappropriate burden. NRS 458.250 to 458.270, inclusive, and sections 2 and 3 of this act, are intended to provide for the prevention of alcohol abuse and the treatment of alcohol abusers. NRS 458.250 to 458.270, inclusive, and sections 2 and 3 of this act, are further intended to transfer the handling of public intoxication from statutes providing criminal sanctions, such as loitering and vagrancy, to statutes providing for civil protective custody. To accomplish these purposes, the division shall continue to direct itself to the problem of alcohol abuse at large, attempting to combat the problem on the community level.
Sec. 5. NRS 458.260 is hereby amended to read as follows:
458.260 [The] 1. Except as provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not: [public]
(a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.
(b) Elements of an offense giving rise to a criminal penalty or civil sanction.
2. The provisions of subsection 1 do not apply to the offenses enumerated in NRS 412.536, 412.538, 484.379, 484.3795, 484.381, 484.385, 488.205, 493.130 and 705.250 or to similar offenses set forth in any ordinance or resolution of a county, city or town.
3. This section does not make intoxication an excuse or defense for any criminal act. [or prevent intoxication from being included as an element or aggravating circumstance in a public offense having one or more other distinct elements.]
Sec. 6. NRS 458.270 is hereby amended to read as follows:
458.270 1. Except as provided in subsection 6, a person who is found in any public place under the influence of alcohol, in such a condition that he is unable to exercise care for his own health or safety or the health or safety of others, shall be placed under civil protective custody by a peace officer.
2. A peace officer may use upon such person that kind and degree of force which would be lawful if he were effecting an arrest for a misdemeanor with a warrant.
κ1975 Statutes of Nevada, Page 1146 (CHAPTER 609, SB 611)κ
3. If a licensed facility for the treatment of alcohol abusers exists in the community where the person is found, he shall be delivered to such facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail for shelter or supervision for his own health and safety until he is no longer under the influence of alcohol. He may not be required against his will to remain in either a licensed facility or a jail longer than [72] 48 hours.
4. The placement of such a person in civil protective custody shall be recorded at the facility or jail to which he is delivered and communicated at the earliest practical time to his family or next of kin if they can be located and to the division or to a local alcohol abuse authority designated by the division.
5. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.
6. The provisions of this section shall not apply to any driver apprehended or arrested for the offense of operating a vehicle under the influence of intoxicating liquor or controlled substances, pursuant to chapter 484 of NRS.
________
Senate Bill No. 591Committee on Commerce and Labor
CHAPTER 610
AN ACT relating to veterinarians; creating the title of animal technician and establishing his qualifications; expanding the grounds under which the Nevada state board of veterinary medical examiners may refuse to issue a license to an applicant, or suspend, revoke or refuse to renew the license of a licensed veterinarian; making various changes to the existing statutory provisions regulating veterinarians; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 638 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. 1. Any person who desires to secure a license as an animal technician in the State of Nevada shall make written application to the secretary-treasurer of the board.
2. The application shall be accompanied by satisfactory proof that the applicant:
(a) Is of good moral character.
(b) Has received a diploma conferring the degree of animal technician, or its equivalent after having completed a college level course at a school that conforms to the standards required for accreditation by the American Veterinary Medical Association.
(c) Is a citizen of the United States or is a lawful permit resident of the United States.
(d) Has furnished any other information required by the board.
κ1975 Statutes of Nevada, Page 1147 (CHAPTER 610, SB 591)κ
3. The application shall be accompanied by a fee to be set by the board in an amount not to exceed $200.
4. Any person who for a period of 5 full calendar years prior to July 1, 1976, has been an employee of a veterinarian licensed to practice in this state may, upon presentation to the board of a certificate of the veterinarian with whom he worked certifying as to the applicants work experience, be permitted to substitute this experience for the educational requirement of paragraph (b) of subsection 2. Any person who qualifies for an examination to be certified as an animal technician who does not successfully pass the required examination or reexamination must then comply with the specified educational requirements.
Sec. 3. The board shall examine every applicant for a license as an animal technician in order to determine his qualifications, and may issue or deny a license on the basis of such examination. All examinees shall be tested by a written examination which may be supplemented by oral interviews and practical demonstrations as the board deems necessary.
Sec. 4. 1. The board shall adopt regulations pertaining to and limiting the activities of animal technicians.
2. Regulations adopted by the board pursuant to this section do not reduce the responsibility of the licensed veterinarian for acts performed by the animal technician on his behalf and under his supervision and control.
Sec. 5. The board shall not refuse to issue a license to an applicant or suspend, revoke or refuse to renew the license of any licensed veterinarian except upon satisfactory proof that the applicant or licensee has violated one or more of the practices prohibited by the provisions of this chapter.
Sec. 6. 1. If the board determines that any applicant for a license as a veterinarian or a licensed veterinarian has violated any of the acts set forth in NRS 638.140 and section 7 of this act, which constitute cause for disciplinary action, the board may:
(a) Refuse to issue a license.
(b) Refuse to renew a license.
(c) Revoke a license.
(d) Suspend a license for a definite period of time.
(e) Impose a civil administrative sanction in an amount not to exceed $1,000.
2. Any moneys collected by the board pursuant to this section shall be deposited with the state treasurer for credit to the state general fund.
Sec. 7. The following acts constitute cause for disciplinary action under section 6 of this act:
1. Fraud or misrepresentation in connection with the securing of a license;
2. Practicing or aiding and abetting in the practice of fraud, forgery, deception, collusion or conspiracy in connection with an examination for a license;
3. Swearing falsely in any testimony or affidavit relating to or in the course of the practice of veterinary medicine, surgery or dentistry;
4. Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public;
5. The claiming or inferring of professional superiority over other veterinary practitioners;
κ1975 Statutes of Nevada, Page 1148 (CHAPTER 610, SB 591)κ
6. Procuring any fee or recompense on the assurance that a manifestly incurable diseased condition of the body of an animal can be permanently cured;
7. Sharing fees with any person except the licensed veterinarian for services actually performed;
8. Soliciting patronage directly or by employing directly or indirectly solicitors;
9. Willful failure to report any dangerous, infectious or contagious disease as required by law;
10. Willful failure to report the results of any medical tests as required by law;
11. Willfully committing any inhumane or cruel act on any animal;
12. Lending ones name to be used as a veterinarian by another person who is not licensed or permitted to practice in this state;
13. Having professional association with or employing any person practicing veterinary medicine unlawfully;
14. Revocation of a license to practice veterinary medicine in another state, territory or district of the United States on grounds other than nonpayment of registration fee; or
15. Failing to maintain their facilities and premises in a clean and sanitary condition.
Sec. 8. The Legislature hereby declares that those acts set forth in NRS 638.160 and section 7 of this act, which constitute cause for disciplinary action, shall not be construed so as to limit the board from adopting regulations which declare other acts as a basis for disciplinary action.
Sec. 9. 1. The board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for the refusal to issue or renew any license under the provisions of this chapter or to revoke or suspend any such license already issued, investigate the actions of any person holding such license.
2. If the board determines that a violation of chapter 638 of NRS has occurred, the board shall hold a hearing concerning whether to issue a license to an applicant or whether to suspend, revoke or refuse to renew any license issued to a veterinarian pursuant to the provisions of this chapter.
3. All hearings concerning the refusal to issue or renew a license or the revocation or suspension of any license issued under this chapter, shall be conducted in accordance with the provisions of chapter 233B of NRS.
4. In addition to the authority conferred upon the board by chapter 233B of NRS, the board shall have the power to swear witnesses, take testimony under oath and compel the attendance of witnesses and the production of documents.
Sec. 10. NRS 638.010 is hereby amended to read as follows:
638.010 As used in this chapter:
1. Animal excludes man and includes fowl, birds, fish and reptiles, wild or domestic, living or dead.
2. Animal technician means a person who is formally trained for the specific purpose of assisting a licensed veterinarian in the performance of professional or technical services in the field of veterinary medicine.
κ1975 Statutes of Nevada, Page 1149 (CHAPTER 610, SB 591)κ
3. Board means the Nevada state board of veterinary medical examiners.
[3.] 4. Licensed veterinarian means a person who is validly and currently licensed to practice veterinary medicine in this state.
[4.] 5. Person includes any individual, firm, partnership, association, joint venture, cooperative, corporation or any other group or combination acting in concert, whether or not acting as a principal, trustee, fiduciary, receiver or as any other kind of legal or personal representative or as the successor in interest, assignee, agent, factor, servant, employee, director, officer or other representative of any of these.
[5.] 6. Practice veterinary medicine means:
(a) To diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions, including the prescription or the administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique, and including testing for pregnancy or for correcting sterility or infertility; or to render advice or recommendation with regard to any of these.
(b) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph (a).
(c) To use any title, words, abbreviation or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in paragraph (a), except where such person is a veterinarian.
[6.] 7. School of veterinary medicine means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association.
[7.] 8. Veterinarian means a person who has received a doctors degree in veterinary medicine from a school of veterinary medicine.
[8.] 9. Veterinary medicine includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine.
Sec. 11. NRS 638.020 is hereby amended to read as follows:
638.020 1. The Nevada state board of veterinary medical examiners is hereby created.
2. The board shall consist of [five] six members, one of whom shall be the director of the division of animal industry of the state department of agriculture, and [four] five of whom shall be appointed by the governor.
3. The director of the division of animal industry shall serve ex officio as a nonvoting member of the board and act as secretary-treasurer of the board.
4. Each appointed member shall:
(a) Be a resident of the State of Nevada.
(b) Be a graduate of a veterinary college approved by the American Veterinary Medical Association.
(c) Have been lawfully engaged in the private practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of his appointment.
5. As soon as practicable after July 1, 1960, the governor shall appoint four members, one for a term of 1 year, one for a term of 2 years, one for a term of 3 years, and one for a term of 4 years, from and after the date of appointment.
κ1975 Statutes of Nevada, Page 1150 (CHAPTER 610, SB 591)κ
appoint four members, one for a term of 1 year, one for a term of 2 years, one for a term of 3 years, and one for a term of 4 years, from and after the date of appointment. Thereafter, each member shall be appointed for a term of 4 years. No appointed member may serve two consecutive terms. As soon as practicable after July 1, 1975, the governor shall appoint the additional member for a term of 4 years.
6. If a vacancy occurs in the board, or a member is absent from the state for a period of 6 months without permission from the governor, the governor may appoint a person duly qualified under this chapter to fill the unexpired term.
Sec. 12. 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 $40 per day, as fixed by the board, while engaged in the business of the board.
(b) [Actual expenses] Expenses for subsistence and lodging, not to exceed [$25 per day,] the per diem rate paid to state employees, 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. 13. NRS 638.050 is hereby amended to read as follows:
638.050 1. The board shall elect from its appointed members a president and a vice president. The officers shall serve at the pleasure of the board.
2. The office of the secretary-treasurer shall be the legal office of the board, but the board may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
3. The secretary-treasurer shall [send] maintain a copy of all incoming and outgoing correspondence. [to each member of the board.]
Sec. 14. NRS 638.070 is hereby amended to read as follows:
638.070 1. The board may adopt such rules and regulations as it deems necessary to carry out the provisions of this chapter and not in conflict therewith.
2. Any member of the board may administer oaths in all matters pertaining to the duties of the board.
3. The board shall have authority:
(a) To employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(b) To take and record evidence as to any matter cognizable by it.
(c) To adopt regulations relating to continuing education requirements.
Sec. 15. NRS 638.100 is hereby amended to read as follows:
638.100 1. Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada shall make written application to the secretary-treasurer of the board.
2. The application shall be accompanied by satisfactory proof that the applicant:
(a) [Is more than 21 years of age.
(b)] Is of good moral character.
[(c)] (b) Has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a [veterinary school or college approved by the American Veterinary Medical Association.]
κ1975 Statutes of Nevada, Page 1151 (CHAPTER 610, SB 591)κ
approved by the American Veterinary Medical Association.] school of veterinary medicine within the United States or Canada or, if the applicant is a graduate of a school of veterinary medicine located outside the United States or Canada, that he has received an educational certificate issued after December 31, 1972, by the Educational Committee on Foreign Veterinary Graduates of the American Veterinary Medical Association.
(d) Is a citizen of the United States or is a lawful permanent resident of the United States.
(e) Any other information which may be required by the board.
3. The application shall also be accompanied by a fee [of $100.] set by the board, not to exceed $200.
4. The board may refuse to issue a license upon satisfactory proof that the applicant:
(a) Has been guilty of unprofessional conduct;
(b) Has been guilty of gross immorality;
(c) Is guilty of habitual drunkenness;
(d) Is addicted to the use of habit-forming drugs; or
(e) Has been convicted of a felony.
Sec. 16. NRS 638.110 is hereby amended to read as follows:
638.110 1. Except as otherwise provided by NRS 638.120, the board shall examine an applicant for a license in order to determine his qualifications, and may issue or deny a license on the basis of the examination [. Such examination may be both theoretical and practical. The theoretical examination may be written or oral, or part written and part oral.] prepared by the board or the National Board of Veterinary Medical Examiners. All applicants shall be tested by a written examination which may be supplemented by oral interviews or practical demonstrations as the board deems necessary.
2. If an applicant shall be denied a license as a result of such an examination, the fee tendered shall not be returned to the applicant.
Sec. 17. NRS 638.120 is hereby amended to read as follows:
638.120 1. The board may in its discretion license an applicant [without examination] solely on the basis of oral interviews and practical demonstrations upon sufficient proof that the applicant has [a currently valid certificate of qualification from] , within the previous 5 years, successfully passed the examination administered by the National Board of Veterinary Medical Examiners.
2. The board may, upon payment of the fee prescribed under NRS 638.100, license without examination any person who is a diplomate from an approved specialty board of the American Veterinary Medical Association. The veterinary practice of any person who is licensed pursuant to this subsection, is limited to the specialty in which the person is certified. If an applicant for a license under this section is denied a license, any fee or fees tendered by him may be returned to him in the discretion of the board.
Sec. 18. NRS 638.127 is hereby amended to read as follows:
638.127 1. On or before January 1 of each year, the secretary-treasurer shall mail to each person licensed under the provisions of this chapter an application form for renewal of license.
2. Each applicant for renewal shall complete the form and return it to the secretary-treasurer, accompanied by the renewal license fee, before March 1 of such year.
κ1975 Statutes of Nevada, Page 1152 (CHAPTER 610, SB 591)κ
to the secretary-treasurer, accompanied by the renewal license fee, before March 1 of such year. The renewal license fee shall be set by the board in an amount not to exceed [$15.] $30.
3. Upon receipt of the application and fee, the board shall issue to such person a certificate of renewal.
4. Any person who fails to renew his license on or before May 1 of such year shall forfeit his license.
5. When a person has forfeited his license in the manner provided in subsection 4, the board may reinstate such person and issue a certificate of renewal upon payment of [a fee of $50.] the renewal license fee and a delinquency penalty of $10 for each month or fraction thereof the license remained unrenewed after March 1.
Sec. 19. NRS 638.140 is hereby amended to read as follows:
638.140 [After full and fair investigation of the charges preferred against the accused, any license issued by the board may be revoked by it upon satisfactory proof that the holder of the license:] The following acts constitute cause for disciplinary action under section 6 of this act:
1. [Is guilty of unprofessional conduct; or
2. Is guilty of gross immorality; or
3. Is guilty of habitual drunkenness; or] Unprofessional conduct resulting from the violation of regulations adopted by the board.
2. Gross immorality.
3. Habitual drunkenness.
4. [Is addicted] Addiction to the use of a controlled substance as defined in [Chapter] chapter 453 of NRS. [; or]
5. [Is convicted of a felony; or] Conviction of a felony, a misdemeanor involving moral turpitude or conviction for violation of any provision of this chapter.
6. [Is guilty of incompetence,] Incompetence, gross negligence, or other malpractice pertaining to veterinary medicine.
Sec. 20. NRS 638.160 is hereby amended to read as follows:
638.160 When requested by the board, the attorney general [and] or the district attorneys of the respective counties of this state shall prosecute violators of this chapter.
Sec. 21. NRS 638.130 is hereby repealed.
Sec. 22. Section 12 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________