[Rev. 10/26/2015 12:40:51 PM]

Link to Page 1200

 

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ê1969 Statutes of Nevada, Page 1201 (Chapter 619, AB 94)ê

 

receive [$10] $25 per day for their services while actually engaged in the performance of their duties as members of the board, and shall also be entitled to traveling and necessary expenses incurred in the performance of such duties.

      Sec. 3.  NRS 355.030 is hereby amended to read as follows:

      355.030  1.  [The superintendent of banks shall be the secretary of the state board of finance. He shall:

      (a) Receive no additional salary or compensation for such services.

      (b) Be the custodian of the records, papers and seal of the board.

      (c) Perform such additional duties as may be required of him.

      2.]  The attorney general shall be the legal advisor of the state board of finance.

      2.  The state board of finance may employ a financial secretary and such clerical help as may be necessary or proper.

      Sec. 4.  Chapter 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The state board of finance shall, in addition to its other duties prescribed by law:

      1.  Study the cash flow of moneys belonging to the state, and recommend to the state controller and the state treasurer appropriate measures to accommodate the time of cash expenditures to the time of cash receipts, in order to minimize the amount of money required as active deposits.

      2.  Ascertain and keep current a proper allocation of the moneys belonging to the state between deposits, active and inactive, and investments.

      Sec. 5.  1.  For the purposes of employing a financial secretary and necessary clerical help and executing the duties imposed by this act there is hereby appropriated from the general fund in the state treasury to the state board of finance:

      (a) The sum of $15,000 for the fiscal year commencing July 1, 1969, and ending June 30, 1970; and

      (b) The sum of $15,000 for the fiscal year commencing July 1, 1970, and ending June 30, 1971.

      2.  After June 30, 1970, any unexpended balance of the appropriation made by paragraph (a) of subsection 1 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund on June 30, 1971.

      3.  After June 30, 1971, any unexpended balance of the appropriation made by paragraph (b) of subsection 1 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund on June 30, 1972.

 

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ê1969 Statutes of Nevada, Page 1202ê

 

CHAPTER 620, AB 240

Assembly Bill No. 240–Messrs. Viani and Tim Hafen

CHAPTER 620

AN ACT to amend an act entitled “AN ACT fixing the compensation of the county officers of Mineral County, Nevada; regulating the employment and compensation of deputies and other employees of such officers; providing for travel expenses; repealing certain acts in conflict herewith; and providing other matters properly relating thereto,” approved April 6, 1959, as amended.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 439, Statutes of Nevada 1959, as last amended by chapter 472, Statutes of Nevada 1965, at page 1271, is hereby amended to read as follows:

      Section 1.  The following named officers of Mineral County, Nevada, shall receive in full payment, for all services rendered by them, the following salaries: [to be fixed by the board of county commissioners within the minimum and maximum amounts as follows:]

      1.  The sheriff shall receive a salary of [not less than $6,600 nor more than $7,800] $9,000 per annum.

      2.  The county recorder and ex officio auditor shall receive a salary of [not less than $6,600 nor more than $7,800] $9,000 per annum.

      3.  The county clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners shall receive a salary of [not less than $6,600 nor more than $7,800] $9,000 per annum.

      4.  The county assessor shall receive a salary of [not less than $6,600 nor more than $7,800] $9,000 per annum.

      5.  The district attorney shall receive a salary of [not less than $6,000 nor more than $7,200] $8,400 per annum.      Sec. 2.  Section 2 of the above-entitled act, being chapter 439, Statutes of Nevada 1959, as last amended by chapter 472, Statutes of Nevada 1965, at page 1271, is hereby amended to read as follows:

      Section 2.  Each county commissioner of Mineral County, Nevada, shall receive a salary of [$3,000] $3,600 per annum.

 

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CHAPTER 621, AB 269

Assembly Bill No. 269–Committee on Transportation

CHAPTER 621

AN ACT relating to equipment on vehicles; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

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 the provisions set forth as sections 2 to 27, inclusive, of this act.

      Sec. 2.  As used in this chapter the words and terms defined in sections 3 to 7, inclusive, of this act, unless the context otherwise requires, have the meaning ascribed to them in such sections.


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ê1969 Statutes of Nevada, Page 1203 (Chapter 621, AB 269)ê

 

      Sec. 2.5.  “Driveaway-towaway operation” means any operation in which any motor vehicle, trailer or semitrailer, singly or in combination, new or used, constitutes the commodity being transported, when one set or more of wheels of any such vehicle are on the highway during the course of transportation, whether or not any such vehicle furnishes the motive power.

      Sec. 3.  “Implement of husbandry” means every vehicle designed and adapted exclusively for agricultural, horticultural or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways.

      Sec. 4.  “Passenger car” means every motor vehicle, except motorcycles, power cycles and motor-driven cycles, designed for carrying 10 passengers or less and used for the transportation of persons.

      Sec. 5.  “Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

      Sec. 6.  “Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved upon a highway, including but not limited to scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and self-propelled cranes and earth-moving equipment. “Special mobile equipment” does not include house trailers, dump trucks, truck-mounted transit mixers, or other vehicles designed for the transportation of persons or property to which machinery has been attached.

      Sec. 7.  “Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than the part of the weight of the vehicle and load so drawn.

      Sec. 8.  1.  A person shall not drive, move, stop or park any vehicle, or cause or knowingly permit any vehicle to be driven, moved, stopped or parked, except for purposes of repair, on any highway if such vehicle:

      (a) Is in such unsafe condition as to endanger any person or property.

      (b) Is not equipped with lamps, reflectors, brakes, horn and other warning and signaling devices, windows, windshield, mirrors, safety glass, mufflers, fenders and tires, and other parts and equipment in the position, condition and adjustment required by the laws of this state as to such parts and equipment of a vehicle on the highways of the state at the time, under the conditions and for the purposes provided in such laws.

      2.  With respect to any vehicle being driven, moved, stopped or parked on any highway, it is unlawful for any person to do any act forbidden, or fail to perform any act required, by the laws of this state relating to the lamps, brakes, fenders and other parts and equipment, size, weight and load as to such vehicle on the highways.


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ê1969 Statutes of Nevada, Page 1204 (Chapter 621, AB 269)ê

 

      3.  This section does not prohibit an authorized emergency vehicle from being equipped with and displaying flashing lights which do not indicate a right or left turn.

      Sec. 9.  1.  Whenever there is a requirement as to distance from which lighted lamps and illuminating devices shall be visible, such requirements shall apply during the times and conditions specified in NRS 484.290 and measured as though the vehicle were unloaded and upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is specified.

      2.  Whenever there is a requirement as to the mounted height of such lamps or devices, such height shall be measured from the center of the lamp or device to the level ground upon which the vehicle stands when the vehicle is unloaded.

      Sec. 10.  1.  Every motor vehicle, trailer, semitrailer and pole trailer shall carry on the rear, either as a part of the tail lamps or separately, two or more red reflectors meeting the requirements of this section, except that vehicles of the types mentioned in section 14 of this act shall be equipped with reflectors meeting the requirements of NRS 484.340 and subsection 1 of section 13 of this act.

      2.  Every such reflector shall be mounted on the vehicle at a height not less than 15 inches nor more than 60 inches measured as set forth in section 9 of this act, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 600 feet to 100 feet from such vehicle when directly in front of lawful lower beams of head lamps, except that reflectors on vehicles manufactured or assembled prior to January 1, 1970, shall be visible at night from all distances within 350 feet to 100 feet when directly in front of lawful upper beams of head lamps.

      Sec. 11.  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 two or more stop lamps, except that any vehicle manufactured prior to the effective date of this act shall have at least one stop lamp if such vehicle was originally equipped with only one stop lamp.

      2.  Except as otherwise provided by law, such stop lamp or lamps shall be on the rear of the vehicle, and if there are two or more then two shall be as widely spaced laterally as practicable, and shall display a red light visible from a distance of not less than 300 feet to the rear in normal sunlight, which shall be activated upon application of the brake.

      3.  On a combination of vehicles, stop lamps on the rearmost vehicle only are required.

      4.  A stop lamp may be incorporated with a tail lamp.

      Sec. 12.  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 the effective date of this act, 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.


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ê1969 Statutes of Nevada, Page 1205 (Chapter 621, AB 269)ê

 

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 mobile equipment except when such equipment is being towed at the end of a train of vehicles.

      Sec. 12.5.  The requirements of this chapter with respect to reflectors, stop lamps, turn signal lamps and taillamps for pole trailers may be met by displaying such reflectors or lamps on the rearmost portion of the load.

      Sec. 13.  1.  Every reflector required by NRS 484.320 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful upper beams of head lamps.

      2.  Every front and rear clearance lamp and identification lamp required by NRS 484.320 shall be capable of being seen and distinguished under normal atmospheric conditions at the times lighted lamps are required at all distances between 500 feet to 50 feet from the front and rear, respectively, of the vehicle on which mounted.

      3.  Every side marker lamp required by NRS 484.320 shall be capable of being seen and distinguished under normal atmospheric conditions at the times lighted lamps are required at all distances between 500 and 50 feet from the side of the vehicle on which mounted.

      Sec. 14.  1.  Every bus, truck and truck-tractor and every combination of vehicles 80 inches or more in overall width, except implements of husbandry, shall be equipped with at least three pot torches, three red electric lanterns or three red emergency reflectors.

      2.  Except as otherwise provided in subsections 3, 4 and 5, when any such vehicle is disabled on any portion of the traveled portion of a highway during any time specified in NRS 484.290, such torches, lanterns or reflectors shall be placed as soon as possible as follows:

      (a) One at the traffic side of the vehicle, not more than 10 feet to the front or rear thereof;

      (b) One at a distance of approximately 100 feet to the rear of the disabled vehicle in the center of the traffic lane occupied by such vehicle; and

      (c) One at a distance of approximately 100 feet to the front of the vehicle in the center of the traffic lane occupied by such vehicle.

      3.  If the vehicle is disabled within 500 feet of a curve, crest of a hill or other obstruction to view, the torch, lantern or reflector to be placed in that direction shall be placed so as to afford ample warning to other users of the highway, but not less than 100 feet or more than 500 feet from the vehicle.

      4.  When any such vehicle is disabled on any portion of the traveled portion of a one-way highway with two or more traffic lanes during any time specified in NRS 484.290, such torches, lanterns or reflectors shall be placed as soon as possible as provided in subsection 2, except that the torch, lantern or reflector to be placed at the front of the vehicle shall be placed 200 feet to the rear of the vehicle.


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ê1969 Statutes of Nevada, Page 1206 (Chapter 621, AB 269)ê

 

      5.  When any such vehicle is disabled or parked off the traveled portion of a highway, but within 10 feet of such portion, during any time specified in NRS 484.290, such torches, lanterns or reflectors shall be placed as soon as possible as follows:

      (a) One at the traffic side of the vehicle not more than 10 feet to the rear of the vehicle;

      (b) One at a distance of approximately 100 feet to the rear of the vehicle; and

      (c) One at a distance of approximately 200 feet to the rear of the vehicle.

      6.  When any such vehicle is equipped with front turn signals which flash simultaneously and rear turn signals which flash simultaneously or with fusees, such turn signals shall be immediately operated or such fusees shall be placed as provided in this section for the placing of torches, lanterns or reflectors until such torches, lanterns or reflectors have been placed.

      Sec. 15.  1.  Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry manufactured after January 1, 1970, shall be equipped with vehicular hazard-warning lamps of a type described in section 16 of this act, visible from a distance of not less than 1,000 feet to the front and rear in normal sunlight, which shall be displayed whenever any such vehicle is operated upon a highway.

      2.  Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry manufactured after January 1, 1970, shall at all times, and every other such vehicle shall, during the times mentioned in NRS 484.290, be equipped with lamps and reflectors as follows:

      (a) At least two headlamps meeting the requirements of NRS 484.400.

      (b) At least one red lamp visible when lighted from a distance of not less than 1,000 feet to the rear, mounted as far to the left of the center of the vehicle as practicable.

      (c) At least two red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful lower beams of headlamps.

      3.  Every combination of farm tractor and towed farm equipment or implement of husbandry shall at all times mentioned in NRS 484.290 be equipped with lamps and reflectors as follows:

      (a) The farm tractor shall be equipped as required in subsections 1 and 2.

      (b) If the towed unit extends more than 4 feet to the rear of the tractor or obscures any lamp on the tractor, such unit shall be equipped on the rear with at least two red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful lower beams of headlamps.

      (c) If the towed unit extends more than 4 feet to the left of the centerline of the tractor, such unit shall be equipped on the front with an amber reflector visible from all distances within 600 feet to 100 feet to the front when directly in front of lawful beams of headlamps. Such reflector shall be so positioned as to indicate, as nearly as practicable, the extreme left projection of the towed unit.


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ê1969 Statutes of Nevada, Page 1207 (Chapter 621, AB 269)ê

 

      4.  The two red reflectors required by subsection 3 shall be so positioned as to show from the rear, as nearly as practicable, the extreme width of the vehicle or combination carrying them.

      Sec. 16.  1.  Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare.

      2.  Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each side of the vehicle which shall emit a white or amber light without glare.

      3.  Any motor vehicle may be equipped with inside door-mounted red lamps or red reflectorizing devices or material visible to the rear of the vehicle when the doors are open.

      4.  Any motor vehicle may be equipped with one or more backup lamps either separately or in combination with other lamps. Backup lamps shall not be lighted when the vehicle is in forward motion.

      5.  Any vehicle may be equipped with lamps which may be used for the purpose of warning the drivers of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped may display such warning in addition to any other warning signals required by this chapter. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. Whenever a vehicle has been equipped with such lamps they shall be kept in good operating condition. These warning lamps shall be visible from a distance of not less than 500 feet in normal sunlight.

      6.  Any motor vehicle may be equipped with not more than two lamps designed and of sufficient intensity for the purpose of revealing objects only in the direction of the turn while the vehicle is turning or while the turn signal lamps are operating to signal an intention to turn. The lamps shall be designed so that no glaring light is projected into the eyes of an approaching driver.

      7.  Any vehicle 80 inches or more in overall width, if not otherwise required by NRS 484.320, may be equipped with not more than three identification lamps showing to the front, which shall emit an amber light without glare, and not more than three identification lamps showing to the rear, which shall emit a red light without glare. Such lamps shall be mounted in the manner provided in NRS 484.320.

      8.  Every motor vehicle, trailer, semitrailer and pole trailer 80 inches or more in overall width or 30 feet or more in overall length manufactured after January 1, 1970, shall be equipped with hazardous warning lamps meeting the requirements of subsection 5.

      Sec. 17.  1.  At all times specified in NRS 484.290, at least two lighted head lamps shall be displayed, one at each side at the front of every motor vehicle other than a motorcycle, power cycle or motor-driven cycle, except when such vehicle is parked.


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ê1969 Statutes of Nevada, Page 1208 (Chapter 621, AB 269)ê

 

every motor vehicle other than a motorcycle, power cycle or motor-driven cycle, except when such vehicle is parked.

      2.  Whenever a motor vehicle equipped with head lamps is also equipped with any auxiliary lamps, spot lamp or any other lamp on the front projecting a beam of intensity greater than 300 candlepower, not more than a total of four of any such lamps may be lighted at one time when upon a highway.

      Sec. 18.  1.  Every motor vehicle shall at all times be equipped with a muffler or turbocharger in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.

      2.  The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

      Sec. 19.  On and after January 1, 1970, every motor vehicle, operated singly or when towing any other vehicle, shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such motor vehicle.

      Sec. 19.5.  1.  A person shall not drive any motor vehicle equipped with television-type receiving equipment so located that the viewer or screen is visible from the driver’s seat.

      2.  This section shall not prohibit the use of television-type receiving equipment used exclusively for traffic safety or law enforcement purposes.

      Sec. 20.  1.  A person shall not drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, side wings or side or rear windows of such vehicle which obstructs the driver’s clear view of the highway or any intersecting highway.

      2.  This section shall not apply to any sign, poster or other material displayed in the 6-inch square area of the lower corner of the windshield farthest removed from the driver or to any other material required to be displayed on a windshield or window by federal or state law.

      Sec. 20.3.  1.  It is unlawful for any person to sell, offer for sale or drive any motor vehicle manufactured after January 1, 1970, unless such vehicle is equipped with safety glazing material wherever glazing materials are used in such vehicle for partitions, doors, windows, windshields or wind deflectors.

      2.  It is unlawful for any person to sell or offer for sale any camper manufactured after January 1, 1970, and it is unlawful for any person to drive such a motor vehicle registered in this state which is equipped with a camper, unless such camper is equipped with safety glazing materials wherever glazing materials are used in outside windows and doors. As used in this subsection, “camper” means any structure designed to be loaded onto, or affixed to, a motor vehicle to provide temporary living quarters for recreation, travel or other use.

      3.  As used in this section, “safety glazing materials” means glazing materials so constructed, treated or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass, the likelihood of injury to persons by objects from exterior sources or by such safety glazing materials when they may be cracked or broken.

      4.  The department of motor vehicles shall establish specifications or requirements for approved safety glazing material which shall not be lower in standard than those specifications or requirements for safety glazing material established by the United States of America Standards Institute Safety Code Z26.1-1950, and shall maintain a list of approved safety glazing material.


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ê1969 Statutes of Nevada, Page 1209 (Chapter 621, AB 269)ê

 

requirements for approved safety glazing material which shall not be lower in standard than those specifications or requirements for safety glazing material established by the United States of America Standards Institute Safety Code Z26.1-1950, and shall maintain a list of approved safety glazing material.

      Sec. 20.5.  It is unlawful for any person to replacing glazing materials used in partitions, doors, windows, windshields or wind deflectors in any motor vehicle, or in the outside windows or doors of any camper, as defined in section 20.3 of this act, with any glazing material other than safety glazing material, as defined in section 20.3 of this act.

      Sec. 21.  1.  Every motor vehicle, except motorcycles, power cycles or motor-driven cycles, equipped with a windshield shall be equipped with a windshield wiper, which shall be kept in good operating condition and which shall be so constructed as to be controlled or operated by the driver.

      2.  When any such motor vehicle was originally equipped with two windshield wipers such wipers shall be kept in good operating condition.

      3.  Every such motor vehicle manufactured after the effective date of this act which is equipped with a windshield shall be equipped with two windshield wipers, one mounted on the right half and one on the left half of the windshield.

      4.  This section shall not apply to snow removal equipment with adequate manually-operated windshield wipers.

      Sec. 21.5.  1.  It is unlawful to drive a passenger car manufactured after January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seat positions.

      2.  It is unlawful to drive a passenger car manufactured after January 1, 1970, on a highway, unless it is equipped with a lap-type safety belt assembly for each permanent passenger-seating position. This requirement shall not apply to the rear seats of vehicles operated by a police department or sheriff’s office.

      3.  It is unlawful to drive a passenger car manufactured after January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.

      4.  The department of motor vehicles shall except such types of motor vehicles or seating positions from the requirements of this section when compliance would be impractical.

      5.  It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.

      Sec. 22.  1.  Every towing vehicle, when used to tow another vehicle equipped with air-controlled brakes, in other than driveaway or towaway operations, shall be equipped with two means for emergency application of the trailer brakes. One of these means shall apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure, which shall be not lower than 20 pounds per square inch nor higher than 45 pounds per square inch. The other means shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation shall be clearly indicated. In no instance may the manual means be so arranged as to permit its use to prevent operation of the automatic means.


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ê1969 Statutes of Nevada, Page 1210 (Chapter 621, AB 269)ê

 

operation of the automatic means. The automatic and the manual means required by this section may be, but are not required to be, separate.

      2.  Every towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, shall have, in addition to the single-control device required by section 23 of this act, a second control device which can be used to operate the brakes on towed vehicles in emergencies. The second control shall be independent of brake air, hydraulic and other pressure, and independent of other controls, unless the braking system is so arranged that failure of the pressure upon which the second control depends will cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking.

      Sec. 23.  Every motor vehicle, trailer, semitrailer and pole trailer, and every combination of such vehicles, except motorcycles, power cycles and motor-driven cycles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. The braking system on the towed vehicle may be surge actuated brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle.

      Sec. 24.  1.  Every bus, truck or truck tractor with air-operated brakes shall be equipped with at least one reservoir sufficient to insure that, when fully charged to the maximum pressure as regulated by the air compressor governor cutout setting, a full service brake application may be made without lowering such reservoir pressure by more than 30 percent. Each reservoir shall be provided with means for readily draining accumulated oil or water.

      2.  Every truck with three or more axles equipped with vacuum-assistor type brakes and every truck tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to insure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be made without depleting the vacuum supply by more than 30 percent.

      3.  All motor vehicles, trailers, semitrailers and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this section, shall have such reservoirs or reserve capacity so safeguarded by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored air or vacuum shall not be depleted by the leak or failure.

      Sec. 25.  1.  Every bus, truck or truck tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the air reservoir pressure of the vehicle is below 50 percent of the air compressor governor cutout pressure. In addition, each such vehicle shall be equipped with a pressure gauge visible to the driver, which indicates in pounds per square inch the pressure available for braking.


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ê1969 Statutes of Nevada, Page 1211 (Chapter 621, AB 269)ê

 

      2.  Every truck tractor and truck used for towing a vehicle equipped with vacuum-operated brakes and every truck with three or more axles using vacuum in the operation of its brakes, except those in driveaway or towaway operations, shall be equipped with a warning signal, other than a guage indicating vacuum, readily audible or visible to the driver, which will operate at any time the vacuum in the vehicle’s supply reservoir or reserve capacity is less than 8 inches of mercury.

      3.  When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle, the warning devices may be, but are not required to be, combined into a single device which will serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be an adequate means of satisfying this requirement.

      Sec. 26.  (Deleted by amendment.)

      Sec. 27.  (Deleted by amendment.)

      Sec. 28.  NRS 484.290 is hereby amended to read as follows:

      484.290  1.  Every vehicle upon a highway of this state at any time from a half hour after sunset to a half hour before sunrise and at any other time when [there is not sufficient light to render clearly discernible persons and vehicles on the highway] , because of insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of [500] 1,000 feet ahead shall display lighted lamps and illuminating devices as respectively required in this chapter for different classes of vehicles, subject to exceptions with respect to parked vehicles as stated in this chapter.

      2.  Every vehicle upon a highway shall be equipped with stop lights, turn signals and other signaling devices to be lighted in the manner prescribed for the use of such devices.

      Sec. 29.  NRS 484.300 is hereby amended to read as follows:

      484.300  1.  Every motor vehicle, other than a motorcycle, 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 motorcycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of this chapter.

      3.  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 section 8 of this act.

      4.  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 3 may have such head lamps located at a height higher than 54 inches.

      Sec. 30.  NRS 484.310 is hereby amended to read as follows:

      484.310  1.  Except as otherwise provided by law, every motor vehicle, trailer, semitrailer and any [other] vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least [one tail lamp] two tail lamps 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 [.]


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1212 (Chapter 621, AB 269)ê

 

feet to the rear [.] , except that vehicles manufactured prior to the effective date of this act shall have at least one tail lamp if they were originally equipped with only one tail lamp.

      2.  In the case of a train of vehicles, only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.

      3.  On vehicles equipped with more than one tail lamp, the lamps shall be mounted on the same level, as widely spaced laterally as practicable and at a height of not more than 72 inches nor less than 15 inches.

      4.  Every passenger car, bus and truck under 80 inches in overall width shall be equipped with a lamp so constructed and placed as to illuminate with a white light the rear registration or license plate and render it clearly legible from a distance of 50 feet to the rear.

      5.  All such lamps shall be wired to be lighted whenever the head lamps or auxiliary driving lamps are lighted.

      Sec. 31.  NRS 484.320 is hereby amended to read as follows:

      484.320  1.  In addition to other equipment required in this chapter the following vehicles shall be equipped as stated in this section.

      2.  [On every bus or truck, whatever its size, there shall be the following:

      (a) On each side, one reflector, at or near the rear.

      (b) On the rear, two reflectors, one at each side, and one stoplight.

      3.  On every bus or truck 80 inches or more in overall width and less than 30 feet in overall length, in addition to the requirements in subsection 2, there shall be the following:

      (a) On the front, two clearance lamps, one at each side.

      (b) On the rear, two clearance lamps, one at each side.

      4.  On every bus or truck 30 feet or more in overall length, regardless of its width, in addition to the requirements in subsection 2, there shall be the following:

      (a) Clearance lamps required in subsection 3.

      (b) On each side, two side marker lamps, one at or near the front and one at or near the rear.

      (c) On each side, one reflector at or near the front.

      5.  On every truck-tractor, the cab of which is as wide as or wider than any vehicle being drawn, there shall be the following:

      (a) On the front, two clearance lamps, one at each side.

      (b) On each side, one side marker lamp at or near the front.

      6.  On every trailer or semitrailer having a gross weight in excess of 3,000 pounds, if wider than the truck or the cab of the truck-tractor drawing it, there shall be the following:

      (a) On the front, two clearance lamps, one at each side.

      (b) On each side, two side marker lamps, one at or near the front and one at or near the rear.

      (c) On each side, two reflectors, one at or near the front and one at or near the rear.

      (d) On the rear, two clearance lamps, one at each side, also two reflectors, one at each side, and one stoplight.

      7.  On every semitrailer in excess of 3,000 pounds gross weight, which is attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections, there shall be the following:

 


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1213 (Chapter 621, AB 269)ê

 

for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections, there shall be the following:

      (a) On each side, one side marker lamp and one clearance lamp which may be in combination, to show to the front, side and rear.

      (b) On the rear of such semitrailer or load, two reflectors mounted one at each side of the bolster or load.

      8.  On every other trailer or semitrailer having a gross weight in excess of 3,000 pounds if of the same width or less than the truck or the cab of the truck-tractor drawing it, there shall be the following:

      (a) On each side, one side marker lamp near the rear.

      (b) On each side, two reflectors, one at or near the front and one at or near the rear.

      (c) On the rear, two clearance lamps, one at each side.

      (d) On the rear, two reflectors, one at each side and one stoplight.

      9.  On every trailer or semitrailer weighing 3,000 pounds gross or less, there shall be two reflectors on the rear, one on each side.

      10.  If any trailer or semitrailer is so loaded or is of such dimensions as to obscure the stoplight on the towing vehicle, then such vehicle shall also be equipped with one stoplight.] On every bus or truck 80 inches or more in overall width manufactured after January 1, 1970, there shall be the following:

      (a) On the front, two clearance lamps, one at each side, and three identification lamps meeting the requirements of subsection 8.

      (b) On the rear, two clearance lamps, one at each side, and three identification lamps meeting the requirements of subsection 8.

      (c) On each side, two side marker lamps, one at or near the front and one at or near the rear.

      (d) On each side, two reflectors, one at or near the front and one at or near the rear.

      3.  On every trailer or semitrailer 80 inches or more in overall width there shall be the following:

      (a) On the front, two clearance lamps, one at each side.

      (b) On the rear, two clearance lamps, and three identification lamps meeting the requirements of subsection 8.

      (c) On each side, two side marker lamps, one at or near the front and one at or near the rear.

      (d) On each side, two reflectors, one at or near the front and one at or near the rear.

      4.  For the purposes of this section “converter dolly” means a motor vehicle with a fifth wheel lower half or equivalent mechanism, the attachment of which converts a semitrailer to a full trailer. Each such dolly, when towed singly by another vehicle, and not as part of a full trailer, shall be equipped with one stop lamp, one tail lamp and two reflectors on the rear. No lighting devices or reflectors are required on the front or sides of any such dolly.

      5.  In addition to the requirements of subsection 3, on every trailer and semitrailer 30 feet or more in overall length there shall be, on each side, one amber side marker lamp and one amber reflector, centrally located with respect to the length of the vehicle.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1214 (Chapter 621, AB 269)ê

 

      6.  On every truck tractor there shall be on the front two cab clearance lamps, one at each side, and after January 1, 1970, three identification lamps meeting the requirements of subsection 8.

      7.  On every pole trailer there shall be the following:

      (a) On each side, one amber side marker lamp at or near the front of the load.

      (b) On each side, one amber reflector at or near the front of the load.

      (c) On the rearmost part of the load or the rearmost support for the load, one combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate the maximum width of the pole trailer.

      8.  Identification lamps shall be grouped in a horizontal row, with lamp centers spaced not less than 6 nor more than 12 inches apart, and mounted on the permanent structure of the vehicle as close as practicable to the vertical centerline, except that where the cab of a vehicle is not more than 42 inches wide at the front roof line, a single identification lamp at the center of the cab shall be sufficient to comply with the requirements for front identification lamps.

      9.  On trailers designed to carry boats, front and rear clearance lamps may be located on each side of the trailer at or near the midpoint of the trailer between the front and rear of the trailer to indicate the extreme width of the trailer.

      Sec. 32.  NRS 484.330 is hereby amended to read as follows:

      484.330  1.  Front clearance lamps, identification lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.

      2.  Rear clearance lamps, identification lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.

      3.  All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except [the stoplight or other signal device, which may be red, amber or yellow.] that:

      (a) The stoplight or other signal device may be red, amber or yellow.

      (b) The light illuminating the license plate shall be white.

      (c) The light emitted by a backup lamp shall be white or amber.

      Sec. 33.  NRS 484.340 is hereby amended to read as follows:

      484.340  1.  Reflectors required in NRS 484.330 shall be mounted at a height not less than [24] 15 inches and not higher than 60 inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than [24] 15 inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit.

      2.  Any required red reflector on the rear of such vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this chapter.

      3.  [Clearance] Except as provided in subsections 4 and 5, clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required in this chapter with reference to both.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1215 (Chapter 621, AB 269)ê

 

      4.  When rear identification lamps are mounted at the extreme height of the vehicle, rear clearance lamps may be mounted at optional height.

      5.  When mounting of front clearance lamps at the highest point of a trailer results in such lamps failing to mark the extreme width of a trailer, such lamps shall be mounted at a height to indicate the extreme width of the trailer.

      Sec. 34.  NRS 484.370 is hereby amended to read as follows:

      484.370  1.  [Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended during the times mentioned in NRS 484.290, such vehicle shall be equipped with one or more lamps which shall exhibit a white or amber light on the roadway side visible from a distance of 500 feet to the front of such vehicle and a red light visible from a distance of 500 feet to the rear, except that local authorities may provide by ordinance or resolution that no lights need be displayed upon any such vehicle when stopped or parked in accordance with local parking regulations upon a highway where there is sufficient light to reveal any person or object within a distance of 500 feet upon such highway.

      2.] Every vehicle shall be equipped with one or more lamps which, when lighted, shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and one or more lamps which, when lighted, shall display a red light visible from a distance of 500 feet to the rear of the vehicle. The location of such lamps shall be such that at least one such lamp is installed as near as practicable to the side of the vehicle which is closest to passing traffic.

      2.  Whenever a vehicle is parked upon the traveled portion of a highway during the times mentioned in NRS 484.290 and there is sufficient light to reveal any person or object within a distance of 1,000 feet upon such highway, no lights need be displayed upon such parked vehicle.

      3.  Whenever a vehicle is parked or stopped upon the traveled portion of a highway or shoulder adjacent thereto, whether attended or unattended during the times mentioned in NRS 484.290, and there is insufficient light to reveal any person or object within a distance of 1,000 feet upon such highway or roadway, such vehicle shall display lighted lamps meeting the requirements of subsection 1.

      4.  Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.

      Sec. 35.  NRS 484.380 is hereby amended to read as follows:

      484.380  All vehicles, including animal-drawn vehicles not otherwise specifically required to be equipped with lamps, shall at all times specified in NRS 484.290 be equipped with at least one [lighted lamp or lantern exhibiting a white light visible from the front of such vehicle and with a lamp or lantern exhibiting a red light visible from the rear.] lamp displaying a white light visible from a distance of not less than 500 feet to the front of the vehicle and two lamps displaying red light visible from a distance of not less than 500 feet to the rear of the vehicle or one lamp displaying a red light visible from a distance of not less than 500 feet to the rear and two red reflectors visible from all distances of 600 to 100 feet to the rear when illuminated by the lawful upper beams of head lamps.

      Sec. 36.  NRS 484.390 is hereby amended to read as follows:

      484.390  1.  Any motor vehicle may be equipped with not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will [be directed to the left of the prolongation of the extreme left side of the vehicle nor more than 100 feet ahead of the vehicle.]


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1216 (Chapter 621, AB 269)ê

 

two spot lamps and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will [be directed to the left of the prolongation of the extreme left side of the vehicle nor more than 100 feet ahead of the vehicle.] strike the windshield, or any windows, mirror or occupant of a vehicle in use.

      2.  Any motor vehicle may be equipped with not to exceed [three] two auxiliary driving lamps mounted on the front at a height not less than [12] 16 inches nor more than 42 inches above the level surface upon which the vehicle stands. [, and every such auxiliary driving lamp or lamps shall meet the requirements and limitations set forth in this chapter.] The provisions of NRS 484.400 apply to any combination of head lamps and auxiliary driving lamps.

      3.  Any motor vehicle may be equipped with not to exceed two auxiliary passing lamps mounted on the front at a height of not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of NRS 484.400 apply to any combination of head lamps and auxiliary passing lamps.

      4.  Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of center of the vehicle shall at a distance of 25 feet ahead project higher than a level of 4 inches below the level of the center of the lamp from which it comes. Such lighted fog lamps may be used with lower head lamp beams as provided in NRS 484.400.

      Sec. 37.  NRS 484.410 is hereby amended to read as follows:

      484.410  Whenever a motor vehicle is being operated on [a roadway,] the traveled portion of the highway, or shoulder adjacent thereto, during the times specified in NRS 484.290, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

      1.  Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in subsection 2 of NRS 484.400, shall be deemed to avoid glare at all times, regardless of road contour and loading.

      2.  Whenever the driver of a vehicle follows another vehicle within [200] 300 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in subsection 1 of NRS 484.400.

      Sec. 38.  NRS 484.415 is hereby amended to read as follows:

      484.415  1.  No person shall display a flashing amber warning light on a vehicle as permitted by this chapter except when an unusual traffic hazard exists.

      2.  The provisions of subsection 1 do not prohibit the use of amber lights in electric turn signal lamps.

      Sec. 39.  NRS 484.420 is hereby amended to read as follows:


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1217 (Chapter 621, AB 269)ê

 

      484.420  1.  [Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.

      2.  Every motorcycle, and bicycle with motor attached, when operated upon a highway shall be equipped with at least one brake, which may be operated by hand or foot.

      3.  Every trailer or semitrailer of a gross weight of 3,000 pounds or more when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab, and the brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied.

      4.  Every new motor vehicle, trailer or semitrailer sold in this state after March 25, 1939, and operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle, except any motorcycle, and except that any semitrailer of less than 1,500 pounds gross weight need not be equipped with brakes. Trucks and truck-tractors having three or more axles need not have brakes on the front wheels.

      5.  In any combination of motor-drawn vehicles, means shall be provided for applying the rearmost trailer brakes, of any trailer equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost trailer equipped with brakes; or both of the above means capable of being used alternatively may be employed.

      6.  One of the means of brake operation shall consist of a connection, mechanical or by spring action or by equivalent means, from the operating lever to the brake shoes or bands, and this brake shall be capable of holding the vehicle, or combination of vehicles, stationary under any condition of loading on any upgrade or downgrade upon which it is operated.

      7.  The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.] Every motor vehicle, trailer, semitrailer and pole trailer, and any combination of such vehicles operating upon a highway shall be equipped with brakes in compliance with the requirements of this chapter.

      2.  Every such vehicle and combination of vehicles, except:

      (a) Special mobile equipment towed by a motor vehicle at a speed of 20 miles per hour or less;

      (b) Trailers, semitrailers and house trailers under 1,500 pounds gross weight, 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,

 


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1218 (Chapter 621, AB 269)ê

 

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 484.430 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, power cycles and motor-driven cycles, 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 driver’s muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power-assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brakedrums, brakeshoes and lining assemblies, brakeshoe anchors and mechanical brakeshoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part will not leave the vehicle without operative brakes.

      4.  Every vehicle shall be equipped with brakes acting on all wheels except:

      (a) Trailers, semitrailers, house trailers or pole trailers.

      (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 484.430.

      (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 484.430.

      (d) Special mobile equipment.

      (e) The wheel of a sidecar attached to a motorcycle or to a motor-driven cycle or the front wheel of a motor-driven cycle, which need not be equipped with brakes if such motorcycle or motor-driven cycle is capable of complying with the performance requirements of NRS 484.430.

      5.  Every trailer, semitrailer and pole trailer equipped with air- or vacuum-actuated brakes and every trailer, semitrailer and pole trailer with a gross weight in excess of 3,000 pounds, manufactured or assembled after the effective date of this act, 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.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1219 (Chapter 621, AB 269)ê

 

acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least 15 minutes, upon breakaway from the towing vehicle.

      6.  Every trailer, semitrailer, house trailer or pole trailer of 1,500 pounds or more gross weight or equaling more than 40 percent of the towing vehicle 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 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.

      Sec. 40.  NRS 484.430 is hereby amended to read as follows:

      484.430  [Every motor vehicle or combination of motor-drawn vehicles shall be capable at all times, and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake, within the distances specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances:

 

                                                                                                              Feet to

                                                                                                         Stop From     Deceleration

                                                                                                            20-Miles            in Feet

                                                                                                            Per Hour        Per Second

Vehicles or combinations of vehicles having brakes on all wheels..............................................................                  30...................................................................... 14

Vehicles or combinations of vehicles not having brakes on all wheels.........................................................                  40................................................................. 10.7]

 

      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:


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1220 (Chapter 621, AB 269)ê

 

                                                                                                                                        Brake system

                                                                                                                                         application

                                                                            Braking force                                    and braking

                                                                          as a percentage                                    distance in

                                                                          of gross vehicle      Deceleration     feet from an

                                                                          or combination         in feet per       initial speed

                     Classification of Vehicles               weight                   second           of 20 m.p.h.

 

Passenger vehicles with a seating capacity of 10 people or less including driver, not having a manufacturer’s gross vehicle weight rating     .................................................. 52.8%    17       25

All motorcycles and motor-driven cycles     43.5%..................................................... 14       30

Single-unit vehicles with a manufacturer’s gross vehicle weight rating of 10,000 pounds or less.................................................       43.5%    14..................................................... 30

Single-unit vehicles with a manufacturer’s gross weight rating of more than 10,000 pounds      .................................................. 43.5%    14       40

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 manufacturer’s 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. 40.5.  NRS 484.660 is hereby amended to read as follows:

      484.660  The department of motor vehicles may [, after reasonable notice and hearing,] make and publish reasonable rules and regulations providing for: [minimum]

      1.  Minimum binder requirements to secure loads on vehicles against dangerous displacement and governing the loading and securement of loads for transportation over public highways by vehicles.

      2.  Safety chains and cables for combinations of vehicles.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1221 (Chapter 621, AB 269)ê

 

      Sec. 41.  NRS 484.670 is hereby amended to read as follows:

      484.670  [1.]  The driver of every vehicle operating a half hour after sunset to a half hour before sunrise and carrying a load extending 4 feet or more beyond the end of the vehicle shall attach at the extreme end of the load two red lights plainly visible under normal atmospheric conditions from a distance of not less than 500 feet from the rear and sides. At any other time the driver shall attach at the extreme end of such load a red flag or cloth at least 16 inches square.

      [2.  The driver of every vehicle carrying 50 pounds of explosives or more shall attach to the rear of such vehicle a red flag at least 12 inches square.]

      Sec. 42.  NRS 484.350 is hereby repealed.

 

________

 

 

CHAPTER 622, AB 308

Assembly Bill No. 308–Messrs. Prince and Swallow

CHAPTER 622

AN ACT to amend an act entitled “An Act concerning Lincoln county officers, providing for the appointment of their deputies, defining the duties of said officers and deputies, and fixing their compensation; and repealing all acts and parts of acts inconsistent with the provisions of this act,” approved March 13, 1953, as amended.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 95, Statutes of Nevada 1953, as last amended by chapter 420, Statutes of Nevada 1965, at page 1141, is hereby amended to read as follows:

      Section 1.  The compensation of the respective officers of Lincoln County, Nevada, is hereby fixed as follows, to be allowed, audited and paid semimonthly.

      The county commissioners shall each receive an annual salary of [$2,640.] $3,000. The sheriff, the county clerk, the county recorder, the county treasurer, the county assessor and the district attorney shall each receive an annual salary of [$6,600.] $7,600.

 

________


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ê1969 Statutes of Nevada, Page 1222ê

 

CHAPTER 623, AB 325

Assembly Bill No. 325–Mr. Howard

CHAPTER 623

AN ACT fixing the compensation of county officers of Humboldt County, Nevada; regulating the employment of deputies and other employees of officers; repealing a certain act; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  The county officers of Humboldt County, Nevada, that are named in this act shall be paid salaries, as hereinafter set out, in full compensation for their services rendered in the performance of the duties of their respective offices. From July 1, 1969, until the 1st Monday in January 1971, the district attorney, sheriff, county clerk and ex officio clerk of the district court of the Sixth Judicial District of the State of Nevada, in and for the County of Humboldt, county treasurer and ex officio tax receiver, county recorder and ex officio county auditor, and county assessor shall each receive an annual salary of $9,000.

      Sec. 2.  The county commissioners of Humboldt County shall each be paid, from July 1, 1969, until the 1st Monday in January 1971, an annual salary of $3,600 in full compensation for the services rendered in the performance of their duties.

      Sec. 3.  The officers named in section 1 of this act may each employ a deputy or deputies or other employees for such time and at such salaries as are authorized and specified by the board of county commissioners. In addition thereto, the district attorney may employ an investigator or investigators.

      Sec. 4.  1.  No deputy’s or other county employee’s salary shall be increased unless such increased salary has been provided for specifically in the county budget.

      2.  No salary increases or decreases for county officers’ deputies and other county employees shall be effective from and after July 1, 1969, unless prior to July 1, 1969, and prior to each July 1 thereafter, the board of county commissioners adopts a resolution increasing or decreasing such salaries. Salaries of county officers’ deputies and other county employees may not be increased or decreased more than 5 percent for any 1 year, such amount of increase or decrease to be based upon the amount of the salary received immediately preceding July 1 of such year.

      Sec. 5.  1.  The county assessor shall be paid for his travel expense within and about Humboldt County an additional $1,000 per year, payable in equal monthly installments.

      2.  All county officers, their deputies and employees shall be paid for necessary travel on county or state business compensation in the amounts fixed by state law for travel expense of state employees, effective at the time such expense is incurred.

      3.  The county assessor shall not be paid any expense for travel within the county other than the annual amount provided in subsection 1.

      Sec. 6.  All fees collected by the officers named in section 1 of this act shall be paid to the county treasurer without deduction.

      Sec. 7.  Chapter 310, Statutes of Nevada 1965, at pages 655 and 656, entitled “An Act fixing the compensation of county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing certain acts; and providing other matters properly relating thereto,” approved April 4, 1965, is hereby repealed.


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ê1969 Statutes of Nevada, Page 1223 (Chapter 623, AB 325)ê

 

656, entitled “An Act fixing the compensation of county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing certain acts; and providing other matters properly relating thereto,” approved April 4, 1965, is hereby repealed.

      Sec. 8.  1.  Sections 4 and 8 of this act shall become effective upon the passage and approval of this act for the purpose only of empowering the board of county commissioners to adopt a resolution prior to July 1, 1969, pursuant to the provisions of section 4 of this act.

      2.  Sections 1 to 3, inclusive, and 5 to 7, inclusive, of this act shall become effective on July 1, 1969.

      3.  This act shall expire by limitation at 12 p.m. on January 3, 1971.

 

________

 

 

CHAPTER 624, AB 355

Assembly Bill No. 355–Mr. Swackhamer

CHAPTER 624

AN ACT fixing the compensation of the county officers of Eureka County, Nevada; regulating the employment and compensation of deputies and other employees; repealing certain acts and acts amendatory thereof; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  From and after July 1, 1969, the officers of Eureka County, Nevada, shall receive the following annual salaries, to be allowed, audited and fixed monthly:

 

District attorney.........................................................................................        $8,100

Sheriff..........................................................................................................           8,100

County clerk and ex officio county treasurer and ex officio clerk of the district court......................................................................................................           8,100

County recorder and ex officio auditor.................................................           8,100

County assessor.........................................................................................           8,100

 

      Sec. 2.  From and after July 1, 1969, the county commissioners shall each receive:

      1.  An annual salary of $3,600.

      2.  Ten cents per mile in going to and from the county seat when attending the regular monthly meeting and as a member of the county board of equalization and as a member of a board of canvassers.

      Sec. 3.  The sheriff may employ one undersheriff, who shall receive an annual salary to be fixed by the board of county commissioners.

      Sec. 4.  All county officers, their deputies and employees shall be paid for necessary travel on county or state business compensation in the amounts fixed by state law for travel expenses of state employees in effect at the time such expense is incurred.

      Sec. 5.  All fees collected by the officers named in section 1 of this act shall be paid to the county treasurer without deduction.


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ê1969 Statutes of Nevada, Page 1224 (Chapter 624, AB 355)ê

 

      Sec. 6.  Chapter 23, Statutes of Nevada 1953, entitled “An Act fixing the compensation of the county officers of Eureka county, Nevada, and regulating the employment and compensation of deputies and other employees of said officers and repealing all acts and parts of acts in conflict herewith,” approved February 25, 1953, and all acts amendatory thereof, are hereby repealed.

      Sec. 7.  This act shall become effective on July 1, 1969, and shall expire by limitation at 12 p.m. on January 3, 1971.

 

________

 

 

CHAPTER 625, AB 365

Assembly Bill No. 365–Committee on Education (By request)

CHAPTER 625

AN ACT relating to the state board of education; increasing the membership from eight to nine; providing for the appointment and election of the added member; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 385.020 is hereby amended to read as follows:

      385.020  1.  The state board of education shall consist of [eight] nine lay members: [Six] Seven members shall be elected, one from each of the educational supervision districts of the state [;] and one additional member from the educational supervision district having the greatest population; and two members shall be appointed by the elected members of the board.

      2.  The elective lay members shall be elected as follows:

      (a) At the general election in 1956, and every 4 years thereafter, three members shall be elected, one from each of the odd-numbered educational supervision districts.

      (b) At the general election in 1958, and every 4 years thereafter, three members shall be elected, one from each of the even-numbered educational supervision districts.

      (c) At the general election in 1970, and every 4 years thereafter, one additional member shall be elected from the educational supervision district having the greatest population. Until such election such membership shall be filled by appointment of the governor.

      3.  Each of the lay members so elected shall hold office for a term of 4 years.

      4.  The elected members shall appoint two members to serve for terms of 4 years, but the members so appointed shall not be residents of the same county. One of the appointed members shall be representative of labor, and one shall be representative of agriculture.

      5.  If a vacancy shall occur on the board from among the elected members, the governor shall appoint a member to fill the vacancy until the next general election, at which election a member shall be chosen for the balance of the unexpired term. If a vacancy shall occur in the office of an appointive member, the elected members shall fill the vacancy by the appointment of a new member for the remainder of the unexpired term.


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ê1969 Statutes of Nevada, Page 1225 (Chapter 625, AB 365)ê

 

appointive member, the elected members shall fill the vacancy by the appointment of a new member for the remainder of the unexpired term.

      6.  For the purposes of this section, the population of each educational supervision district shall be determined from the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

 

________

 

 

CHAPTER 626, AB 427

Assembly Bill No. 427–Messrs. Roy Young and Glaser (By request)

CHAPTER 626

AN ACT to amend an act entitled “An Act fixing the compensation of the county officers of Elko County, Nevada; regulating the employment and compensation of deputies and other employees of such officers; and repealing all acts and parts of acts in conflict herewith,” approved March 25, 1957, as amended.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 205, Statutes of Nevada 1957, as last amended by chapter 456, Statutes of Nevada 1967, at page 1225, is hereby amended to read as follows:

      Section 1.  The compensation of the respective officers of Elko County, Nevada, herein designated, is hereby fixed as follows, to be allowed, audited and fixed monthly:

      1.  The district attorney shall receive a salary of [$10,000] $11,000 per annum.

      2.  The sheriff shall receive a salary of [$11,600] $12,400 per annum.

      3.  The county clerk shall receive a salary of [$10,000] $11,000 per annum and such additional fees as may be authorized by county ordinance enacted pursuant to the provisions of subsection 1 of NRS 122.060.

      4.  The county recorder and ex officio county auditor shall receive a salary of [$10,000] $11,000 per annum.

      5.  The county assessor shall receive a salary of [$11,200] $12,000 per annum.

      6.  The county treasurer and ex officio tax receiver shall receive a salary of [$10,000] $11,000 per annum.

      7.  The county commissioners of Elko County shall each receive a salary of [$3,600] $4,200 per annum.

 

________


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ê1969 Statutes of Nevada, Page 1226ê

 

CHAPTER 627, AB 465

Assembly Bill No. 465–Messrs. Getto, Howard, Swackhamer, Smith and Jacobsen

CHAPTER 627

AN ACT relating to sales of intoxicating liquors; permitting certain persons under 21 to sell liquor in certain circumstances; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      A person who has attained the age of 16 years and has not attained the age of 21 years may be employed in a retail food store for the sale or disposition of liquor if:

      1.  He is supervised by a person who is 21 years of age or over and who is an owner or an employee of the business which sells or disposes of the liquor;

      2.  Such person 21 years of age or over who is supervising such person under 21 is actually present at the time that such person under 21 sells or disposes of the liquor; and

      3.  The liquor is in a container or receptacle which is corked or sealed.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 628, AB 513

Assembly Bill No. 513–Mr. Getto

CHAPTER 628

AN ACT fixing the compensation of the elective officers of Churchill County, Nevada; providing for the appointment of deputies, certain travel expenses and the collection of and accounting for fees; repealing certain acts; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  The following-named officers of Churchill County, Nevada, shall receive in full payment for all services rendered by them the following salaries:

      1.  From July 1, 1969, to the 1st Monday in January 1971, the sheriff and ex officio license collector shall receive an annual salary of $8,400, and his actual travel expenses in criminal cases. He shall pay to the county treasurer on or before the 5th day of each month all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also shall file a duplicate copy thereof with the clerk of the board of county commissioners.


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ê1969 Statutes of Nevada, Page 1227 (Chapter 628, AB 513)ê

 

file a duplicate copy thereof with the clerk of the board of county commissioners.

      2.  From July 1, 1969, to the 1st Monday in January 1971, the county recorder and ex officio auditor shall receive an annual salary of $8,400. All fees authorized by law shall be collected by him and paid to the county treasurer on or before the 5th day of each month, and he shall, at the same time, prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners.

      3.  From July 1, 1969, to the 1st Monday in January 1971, the county assessor shall receive an annual salary of $8,400.

      4.  From July 1, 1969, to the 1st Monday in January 1971, the county clerk and ex officio clerk of the board of county commissioners and ex officio clerk of the county board of equalization and ex officio county treasurer shall receive an annual salary of $8,400.

      5.  From July 1, 1969, to the 1st Monday in January 1971, the district attorney shall receive an annual salary of $8,400. He shall be allowed his actual expenses when called from the county seat in the discharge of the official duties of the district attorney.

      6.  From July 1, 1969, to the 1st Monday in January 1971, each county commissioner shall receive an annual salary of $3,450.

      Sec. 2.  Each of the officers designated in subsections 1 to 5, inclusive, of section 1 of this act shall be entitled to appoint such deputies and assistants as may be authorized by the board of county commissioners for such time and at such salary as the board may specify.

      Sec. 3.  The salaries provided for in section 1 of this act shall be payable in 12 equal installments. The county auditor shall on the first day of each month draw a warrant on the salary fund in favor of each of the officers named in section 1 of this act for the last preceding month, and the county treasurer shall pay the warrants out of such fund.

      Sec. 4.  Chapter 193, Statutes of Nevada 1963, entitled “An Act fixing the minimum and maximum salary limitations for officers of Churchill County, Nevada; providing for the appointment of deputies; providing for certain travel expenses; and providing for the collection and accounting of fees; to repeal chapter 316, Statutes of Nevada 1953, as amended, relating to compensation and fees of Churchill County officers; and providing other matters properly relating thereto,” approved April 2, 1963, as amended, and all acts amendatory thereof, are hereby repealed.

      Sec. 5.  This act shall become effective on July 1, 1969, and shall expire by limitation at 12 p.m. on January 3, 1971.

 

________


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ê1969 Statutes of Nevada, Page 1228ê

 

CHAPTER 629, AB 565

Assembly Bill No. 565–Mr. Swackhamer

CHAPTER 629

AN ACT to amend an act entitled “An Act fixing the compensation of the county officers of Pershing County, Nevada; empowering the board of county commissioners of Pershing County, Nevada, to authorize the employment of deputies, clerks and assistants by county officers and providing for the allowance of compensation for such employment; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto,” approved April 10, 1963, as amended.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 309, Statutes of Nevada 1963, as last amended by chapter 313, Statutes of Nevada 1967, at page 872, is hereby amended to read as follows:

      Section 1.  1.  The compensation of the respective officers of Pershing County, Nevada, herein designated, is hereby fixed as follows, and shall be allowed, audited and paid monthly:

      (a) [Until January 1, 1969, the county commissioners shall each receive a salary of $2,700 per annum, and mileage.] On and after [January] July 1, 1969, the county commissioners shall each receive a salary of [not more than $3,000] $3,600 per annum, and mileage.

      (b) [Until January 1, 1969, the county clerk, as such, and as ex officio county treasurer shall receive a salary of $7,500 per annum.] On and after [January] July 1, 1969, the county clerk, as such, and as ex officio county treasurer shall receive a salary of [not less than $7,000 nor more than $7,900] $8,300 per annum.

      (c) [Until January 1, 1969, the sheriff shall receive a salary of $7,500 per annum.] On and after [January] July 1, 1969, the sheriff shall receive a salary of [not less than $7,000 nor more than $7,900] $8,300 per annum.

      (d) [Until January 1, 1969, the county assessor shall receive a salary of $7,500 per annum.] On and after [January] July 1, 1969, the county assessor shall receive a salary of [not less than $7,000 nor more than $7,900] $8,300 per annum.

      (e) [Until January 1, 1969, the county recorder, as such, and as ex officio county auditor shall receive a salary of $7,500 per annum.] On and after [January] July 1, 1969, the county recorder, as such, and as ex officio county auditor shall receive a salary of [not less than $7,000 nor more than $7,900] $8,300 per annum.

      (f) [Until January 1, 1969, the district attorney shall receive a salary of $7,500 per annum.] On and after [January] July 1, 1969, the district attorney shall receive a salary of [not less than $7,000 nor more than $7,900] $8,300 per annum.

      2.  The board of county commissioners of Pershing County is hereby authorized and directed to allow such compensation as may be necessary for the payment of such deputies, clerks and assistants as the board of county commissioners may from time to time authorize in the offices of the county clerk and county treasurer, county recorder and county auditor, sheriff, county assessor and district attorney, respectively, and such compensation shall be allowed and paid as other claims against the county.


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ê1969 Statutes of Nevada, Page 1229 (Chapter 629, AB 565)ê

 

compensation shall be allowed and paid as other claims against the county.

      [3.  Except as otherwise provided in this act, the board of county commissioners shall fix the salaries by resolution within the limits as designated above.]

 

________

 

 

CHAPTER 630, AB 566

Assembly Bill No. 566–Mr. Prince

CHAPTER 630

AN ACT to amend the title of and to amend an act entitled “An Act fixing the minimum and maximum salary limitations for certain White Pine County officers; providing for the appointment of deputies and for travel expenses; to repeal chapter 239, Statutes of Nevada 1963, relating to compensation and fees of White Pine County officers; and providing other matters properly relating thereto,” approved April 13, 1965.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 392, Statutes of Nevada 1965, at page 1019, is hereby amended to read as follows:

      Section 1.  The following officers of White Pine County, Nevada, shall receive in full payment for all services rendered by them the following salaries: [to be fixed by resolution of the majority of the board of county commissioners of White Pine County within the minimum and maximum amounts as follows:] 1.  Each county commissioner shall receive an annual salary of $3,600, payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioner. Each county commissioner shall be allowed all his actual and necessary traveling expenses in the performance of his official duties.

      2.  The sheriff shall receive a salary of [not less than $9,000 nor more than $9,600] $10,800 per annum. The salary herein provided for shall be payable in equal monthly installments as full compensation of his services to the county as sheriff or in any ex officio capacity of any kind whatsoever. The sheriff shall collect for all services in his office and pay over monthly into the county treasury of White Pine County such fees as are provided for [in NRS 248.290,] by law, but in lieu of mileage [provided in NRS 248.290,] if provided by law, the sheriff shall charge and collect as mileage the actual and necessary travel expenses of himself or deputies in the service of any summons and complaint or other process issuing out of the district court, and where there is a deputy or other officer so located as to perform such service without the sheriff or his deputy actually incurring any travel expenses, no mileage shall be charged. In all cases herein, where the deputy sheriff resides away from the county seat and is required in the performance of a duty or duties of his office to use his own or a privately owned car in connection with such duty or duties, he shall receive therefor the sum of not to exceed 10 cents per mile for each mile necessarily traveled in the performance of any such duty or duties.


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ê1969 Statutes of Nevada, Page 1230 (Chapter 630, AB 566)ê

 

per mile for each mile necessarily traveled in the performance of any such duty or duties. Such claim for mileage shall be first audited and allowed by the board of county commissioners.

      3.  The county assessor shall receive a salary of [not less than $8,400 nor more than $9,000] $10,200 per annum. The salary herein provided for shall be payable in equal monthly installments. The county assessor shall collect and pay over into the county treasury of White Pine County all such fees and taxes as are now provided for by law.

      4.  The county recorder and auditor shall receive a salary of [not less than $8,400 nor more than $9,000] $10,200 per annum. The salary herein provided for shall be payable in equal monthly installments. The county recorder and auditor shall collect and pay over into the county treasury of White Pine County all such fees as are now provided for by law.

      5.  The county clerk shall receive a salary of [not less than $8,400 nor more than $9,000] $10,200 per annum. The salary herein provided for shall be payable in equal monthly installments. The county clerk shall collect and pay over into the county treasury of White Pine County all such fees as are now provided for by law.

      6.  The county treasurer and ex officio tax collector shall receive a salary of [not less than $8,400 nor more than $9,000] $10,200 per annum. The salary herein provided for shall be payable in equal monthly installments. The county treasurer and ex officio tax collector shall collect and pay over into the county treasury of White Pine County all such fees and taxes as are now provided for by law.

      7.  The district attorney and public administrator shall receive a salary of [not less than $8,400 nor more than $9,000] $10,200 per annum. The salary herein provided for shall be payable in equal monthly installments. The district attorney and public administrator may, in addition, have or retain all fees allowed by law as public administrator.

      Sec. 2.  The title of the above-entitled act, being chapter 392, Statutes of Nevada 1965, at page 1019, is hereby amended to read as follows:

 

AN ACT fixing [the minimum and maximum salary limitations for] the salaries of certain White Pine County officers; providing for the appointment of deputies and for travel expenses; to repeal chapter 239, Statutes of Nevada 1963, relating to compensation and fees of White Pine County officers; and providing other matters properly relating thereto.

 

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ê1969 Statutes of Nevada, Page 1231ê

 

CHAPTER 631, AB 595

Assembly Bill No. 595–Messrs. Schouweiler, McKissick and Lingenfelter

CHAPTER 631

AN ACT fixing the compensation of certain elected officers of Washoe County, Nevada; providing for travel expenses of certain officers; repealing a certain act; amending the Reno city charter by requiring the city to pay Washoe County for services rendered by the county treasurer; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  From July 1, 1969, until the 1st Monday in January 1971, the officers of Washoe County, Nevada, shall receive the following annual salaries, to be allowed, audited and fixed monthly:

 

District attorney.........................................................................................      $19,000

County clerk and ex officio clerk of the district court and of the board of county commissioners.....................................................................................        16,000

County assessor.........................................................................................        16,000

Sheriff..........................................................................................................        18,250

County treasurer and ex officio tax collector......................................        16,000

County recorder and auditor...................................................................        16,000

County commissioners, each..................................................................           7,200

 

      Sec. 2.  In addition to his annual salary, the sheriff shall receive his actual travel expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than 5 miles from the county seat. He shall also receive his actual travel expenses necessarily incurred in civil cases in which Washoe County is a party. On and after July 1, 1969, the sheriff shall deposit the gross amount received by him on each business license sold in the county general fund and shall not retain any of such moneys for his personal compensation.

      Sec. 3.  In addition to his annual salary, the county assessor shall receive not more than $500 annually for travel expenses.

      Sec. 4.  The district attorney may:

      1.  Employ, subject to the approval of the board of county commissioners, special investigators at salaries to be fixed by the board of county commissioners. The district attorney, his deputies, investigators and agents shall also receive their actual travel expenses necessarily incurred in the performance of their official duties.

      2.  Engage in the private practice of law.

      Sec. 5.  Section 4 of Article VIII of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and as last amended by chapter 103, Statutes of Nevada 1947, at page 389, is hereby amended to read as follows:

      Section 4.  The city treasurer shall, before entering upon the discharge of his duties, execute to the city a good and sufficient bond, with sureties approved by the council; said bond to be in such sum and conditioned as may be required by the council. The city treasurer shall perform such other and further duties as may be required, or be prescribed by ordinance. [, and he shall receive as full compensation the sum of eighteen hundred dollars per annum, payable in equal monthly installments.]


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ê1969 Statutes of Nevada, Page 1232 (Chapter 631, AB 595)ê

 

eighteen hundred dollars per annum, payable in equal monthly installments.] The city shall compensate Washoe County in the amount of $1,800 per year for the services rendered by the treasurer of Washoe County as ex officio city treasurer and tax receiver.

      Sec. 6.  Chapter 321, Statutes of Nevada 1963, entitled “An Act concerning certain county officers of Washoe County, Nevada; fixing the salaries of such officers until January 1, 1967; providing that such salaries on and after January 1, 1967, shall be fixed by ordinance enacted by the board of county commissioners of Washoe County, Nevada; providing for travel expenses for certain county officers of Washoe County, Nevada; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto,” approved April 12, 1963, is hereby repealed.

      Sec. 7.  This act shall become effective on July 1, 1969. Sections 1 to 4, inclusive, of this act shall expire by limitation at 12 p.m. on January 3, 1971.

 

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CHAPTER 632, AB 668

Assembly Bill No. 668–Mr. Dini

CHAPTER 632

AN ACT fixing the compensation of the county officers of Lyon County, Nevada; regulating the employment and compensation of deputies and other employees of county officers; repealing certain acts; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  The officers of Lyon County, Nevada, shall receive the following annual salaries in full compensation for all services rendered by them:

 

District attorney.............................................................................................    $9,000

Sheriff..............................................................................................................       9,000

County assessor.............................................................................................       9,000

County clerk, ex officio county treasurer, ex officio clerk of the district court and of the board of county commissioners...............................................       9,000

County recorder and ex officio county auditor.......................................       9,000

County commissioners, each......................................................................       4,000

 

      Sec. 2.  The undersheriff and the first deputies of the county assessor, the county clerk and the county recorder shall each receive an annual salary of $7,800.

      Sec. 3.  1.  The district attorney is authorized and empowered to employ:

      (a) One person to act as his secretary, who shall receive as salary an amount set by the board of county commissioners.

      (b) Deputies, investigators, clerks and other assistants, who shall receive as salaries amounts set by the board of county commissioners, provided the board of county commissioners deems the employment of such persons necessary.


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ê1969 Statutes of Nevada, Page 1233 (Chapter 632, AB 668)ê

 

provided the board of county commissioners deems the employment of such persons necessary.

      2.  The district attorney shall be allowed only his actual expenses while attending to official business of the county or state, but no claim for expenses, any part of which pertains to any private matter or to the business of any private client, shall be allowed or paid under this act by the board of county commissioners or any governmental agency.

      Sec. 4.  1.  The sheriff shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature.

      2.  When it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties. He shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.

      3.  The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually paid, which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed.

      4.  The sheriff may, subject to the approval of the board of county commissioners, employ one undersheriff, who shall receive an annual salary in the amount specified in this act. He may employ additional deputies as the board of county commissioners deems necessary, each of whom shall receive as salary an amount set by the board of county commissioners.

      Sec. 5.  1.  When it becomes necessary in the discharge of his official duties for the county assessor to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties, and he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.

      2.  The county assessor may appoint a first deputy who shall receive an annual salary in the amount specified in this act.

      Sec. 6.  1.  The county clerk and ex officio county treasurer and ex officio clerk of the district court and of the board of county commissioners shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.

      2.  He may appoint one first deputy, who shall receive an annual salary in the amount specified in this act.

      Sec. 7.  1.  The county recorder and ex officio county auditor shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.

      2.  He may appoint one first deputy, who shall receive an annual salary in the amount specified in this act.

      Sec. 8.  Each county commissioner shall receive not to exceed 10 cents per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; but no such allowance shall be made to any commissioner residing at the county seat.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1234 (Chapter 632, AB 668)ê

 

      Sec. 9.  All annual salaries provided for in this act shall be payable semimonthly in 24 equal installments.

      Sec. 10.  The board of county commissioners is authorized and empowered:

      1.  To appoint such other assistants to the officers named in this act and for such period of time as may be necessary, and to fix their compensation.

      2.  To fix, from time to time, the rate per mile traveled, to be allowed as expenses for travel by officers and their deputies; but such rate shall not be in excess of 10 cents per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any officer.

      Sec. 11.  Chapter 4, Statutes of Nevada 1955, entitled “An Act fixing the compensation of the county officers of Lyon County, Nevada; regulating the employment and compensation of deputies and other employees of county officers; repealing all acts and parts of acts in conflict herewith; and other matters properly relating thereto,” approved February 7, 1955, and all acts amendatory thereof are hereby repealed.

      Sec. 12.  This act shall become effective on July 1, 1969, and shall expire by limitation at 12 p.m. on January 3, 1971.

 

________

 

 

CHAPTER 633, AB 675

Assembly Bill No. 675–Messrs. Bowler, Glaser, Ashworth, Swallow, Bryan Hafen, Howard, Capurro, Lowman and Tim Hafen

CHAPTER 633

AN ACT relating to athletic facilities; permitting governing bodies to enter into lease-purchase agreements for such facilities; permitting the conveyance of property for such purpose; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 334 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The governing body of any county whose population is 120,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may enter into an agreement with a corporation incorporated to advance civic interests in a county, under the provisions of NRS 81.350 to 81.400, inclusive, whereby the corporation agrees to construct an athletic facility according to specifications adopted by such governing body and thereupon enter into a lease-purchase agreement with such governing body for such building or facility.

      2.  Any such governing body may convey property to such a corporation where the purpose of such conveyance is the entering into an agreement contemplated by subsection 1.

 

________


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1235ê

 

CHAPTER 634, AB 694

Assembly Bill No. 694–Committee on Taxation

CHAPTER 634

AN ACT relating to property taxes; permitting the tax receiver to affirm timely mailing of notices to delinquent taxpayers by an affidavit of mailing; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 361.565 is hereby amended to read as follows:

      361.565  1.  Within 20 days after the 1st Monday in March of each year, in all cases where the delinquent tax, exclusive of poll taxes, penalties and assessments of benefits of irrigation districts, does not exceed the sum of $3,000, the tax receiver of the county shall give the notice in the manner and form provided in this section.

      2.  Such notice shall be published in the newspaper which publishes the list of taxpayers pursuant to NRS 361.300 at least once a week from the date thereof for 4 consecutive weeks, being four insertions. If there is no newspaper in the county, such notice shall be posted in at least five conspicuous places within the county.

      3.  The cost of publication in each case shall be charged to the delinquent taxpayer, and shall, in no case, be a charge against the state or county. Such publication shall be made at not more than legal rates.

      4.  When the delinquent property consists of unimproved real estate assessed at a sum not exceeding $25, the notice shall be given by posting a copy of the same in three conspicuous places within the county without publishing the same in a newspaper.

      5.  Such notice shall state:

      (a) The name of the owner, if known.

      (b) The description of the property on which such taxes are a lien.

      (c) The amount of the taxes due on the property and the penalties and costs as provided by law.

      (d) That if the amount is not paid by the taxpayer or his successor in interest the tax receiver will, on the 4th Monday in April of the current year at 1:30 p.m. of that day, issue to the county treasurer, as trustee for the state and county, a certificate authorizing him to hold the property, subject to redemption within 2 years after date thereof, by payment of the taxes and accruing taxes, penalties and costs, together with interest at the rate of 10 percent per annum from date due until paid as provided by law and that such redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.

      6.  Such notice shall be mailed in the following manner:

      (a) At the same time that the tax receiver shall first publish the notice or post the same, as the case may be, he shall send a copy of the notice by [registered] first class mail, in the case of each respective property as taxed, to the owner or owners thereof, and also to the person or persons listed as the taxpayer or taxpayers thereon on the tax rolls, at their last-known addresses, if such names and addresses are known. [In addition, a] Upon mailing the original notice of delinquency, the tax collector shall issue his personal affidavit to the board of county commissioners affirming that due notice had been mailed in respect to each parcel.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1236 (Chapter 634, AB 694)ê

 

issue his personal affidavit to the board of county commissioners affirming that due notice had been mailed in respect to each parcel. The affidavit shall recite the number of letters mailed, the number of letters returned, and the number of letters finally determined to be undeliverable. Detailed records shall be maintained by the tax collector in support of his affidavit, in such content as the Nevada tax commission may prescribe, until the period of redemption has expired.

      (b) A second copy shall be sent [in the same manner as in the case of the first copy,] by certified mail, not less than 60 days before the expiration of the period of redemption as stated in the notice.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 635, AB 699

Assembly Bill No. 699–Mrs. Frazzini, Messrs. Wood, Torvinen, McKissick, Capurro and Fry

CHAPTER 635

AN ACT to amend an act entitled “An Act fixing the compensation of the county officers of Storey County, Nevada, and regulating the employment and compensation of deputies and other employees of such offices, and repealing all acts and parts of acts in conflict herewith,” approved March 12, 1957, as amended.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as last amended by chapter 490, Statutes of Nevada 1967, at page 1343, is hereby amended to read as follows:

      Section 2.  The district attorney of Storey County, Nevada, shall receive a salary of [not less than $6,300 or more than $8,400] $7,800 per annum for all his services as such officer. He may, with the consent of the board of county commissioners, employ: [one]

      1.  One deputy who shall receive a salary to be fixed by the board of county commissioners. [He may, with the consent of the board of county commissioners, employ one]

      2.  One person to act as his secretary, to be paid [at] a salary fixed by the board of county commissioners.

      Sec. 2.  Section 3 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as last amended by chapter 490, Statutes of Nevada 1967, at page 1344, is hereby amended to read as follows:

      Section 3.  1.  The sheriff for services as such and chief of police of all the unincorporated towns within Storey County, Nevada, shall receive a salary of [not less than $6,300 or more than $8,400] $7,800 per annum.

      2.  The sheriff shall act as chief of police of all the unincorporated towns within Storey County, Nevada, without additional compensation as provided herein, and notwithstanding the provisions of NRS 269.235 or any other statutes, the board of county commissioners shall not appoint a chief of police for such unincorporated towns.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1237 (Chapter 635, AB 699)ê

 

      3.  The sheriff shall be allowed to appoint one deputy who shall receive a salary to be fixed by the board of county commissioners, and he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature. With the consent and approval of the board of county commissioners, the sheriff may appoint additional deputies whose compensation shall be fixed by the board of county commissioners.

      Sec. 3.  Section 3.5 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as added by chapter 237, Statutes of Nevada 1965, and as amended by chapter 490, Statutes of Nevada 1967, at page 1344, is hereby amended to read as follows:

      Section 3.5.  The county assessor shall receive a salary of [not less than $6,300 or more than $8,400] $7,800 per annum for all his services as such officer. With the approval of the board of county commissioners, the county assessor may appoint one deputy and clerical assistants whose compensation shall be fixed by the board of county commissioners. [With the approval of the board of county commissioners, the county assessor may appoint clerical assistants whose compensation shall be fixed by the board of county commissioners.] The county assessor shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature.

      Sec. 4.  Section 4 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as last amended by chapter 490, Statutes of Nevada 1967, at page 1344, is hereby amended to read as follows:

      Section 4.  The county recorder, for services as such and as ex officio auditor, shall receive a salary of [not less than $6,300 or more than $8,400] $7,800 per annum. He shall be allowed to appoint one deputy at a salary to be fixed by the board of county commissioners; but in the case of emergency and when the board of county commissioners deems it necessary the county recorder and ex officio auditor may, with the consent and approval of the board of county commissioners, appoint one or more deputies, such deputy or deputies to serve only as long as the emergency may continue and to be paid at a daily rate to be fixed by the board of county commissioners. The recorder and ex officio auditor shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.

      Sec. 5.  Section 5 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as last amended by chapter 490, Statutes of Nevada 1967, at page 1345, is hereby amended to read as follows:

      Section 5.  The county clerk, for services as such and as ex officio treasurer, clerk of the district court, and clerk of the board of county commissioners, shall receive a salary of [not less than $6,300 or more than $8,400] $7,800 per annum, which shall be in full compensation for all services rendered. He shall be allowed to appoint one deputy who shall receive a salary to be fixed by the board of county commissioners. In case of emergency and when the board of county commissioners deems it necessary, the clerk may, with the consent and approval of the board of county commissioners, appoint one or more deputies, such deputy or deputies to serve only as long as the emergency may continue and to be paid at a daily rate to be fixed by the board of county commissioners. The clerk and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1238 (Chapter 635, AB 699)ê

 

and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.

      Sec. 6.  Section 6 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as last amended by chapter 490, Statutes of Nevada 1967, at page 1345, is hereby amended to read as follows:

      Section 6.  The county commissioners of Storey County, Nevada, shall each receive the sum of [$2,250] $3,000 per annum, which shall be in full compensation for all services whatsoever required of such commissioners.

 

________

 

 

CHAPTER 636, AB 732

Assembly Bill No. 732–Committee on Transportation

CHAPTER 636

AN ACT relating to motor vehicle carriers; providing an increase in certain license fees; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 706.180 is hereby amended to read as follows:

      706.180  The commission is authorized to employ one chief inspector and such other inspectors and personnel and incur such other expenses as it may deem necessary for the efficient administration of [NRS 706.010 to 706.720, inclusive. Inspectors] this chapter. All personnel shall perform such [other] duties as may be assigned to them by the commission.

      Sec. 2.  NRS 706.555 is hereby amended to read as follows:

      706.555  1.  In addition to the [license fees provided by NRS 706.530, 706.540 and 706.550, the department shall collect from every person required to pay license fees as provided in NRS 706.530, 706.540 and 706.550 an additional fee of $2 for each power unit so licensed.] fees provided in NRS 706.530, 706.540, 706.550, 706.560, 706.580 and subsection 3 of 706.670, the department shall collect the additional sum of $3 for:

      (a) Each original cab card issued for power units under the provisions of NRS 706.530, 706.540, 706.550 and subsection 3 of 706.670; and

      (b) Each original cab card issued under the provisions of NRS 706.560 and 706.580.

      2.  All moneys collected pursuant to this section shall be paid over to the state treasurer for deposit to the credit of the state highway fund, to be used to defray the costs of inspections incurred pursuant to NRS 706.180.

      Sec. 3.  NRS 706.649 is hereby amended to read as follows:

      706.649  The remedies of the state provided for in this chapter are cumulative, and no action taken by the department or commission shall be construed to be an election on the part of the state or any of its officers to pursue any remedy under this chapter to the exclusion of any other remedy for which provision is made in this chapter.

 

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ê1969 Statutes of Nevada, Page 1239ê

 

CHAPTER 637, AB 764

Assembly Bill No. 764–Committee on Judiciary

CHAPTER 637

AN ACT making an appropriation from the general fund in the state treasury to Stanley H. Brown, Esq., for extraordinary trial expenses incurred.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  1.  There are hereby appropriated from the general fund in the state treasury as compensation for moneys expended and moneys earned in the criminal trial entitled State of Nevada v. C. Larry Frisby, et al., No. 233307, Second Judicial District Court of the State of Nevada in and for the County of Washoe, the sum of $7,500 for Stanley H. Brown, Esq.

      2.  The state controller shall draw his warrant in the sum of $7,500 in favor of Stanley H. Brown, Esq., and the state treasurer shall pay such warrant.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 638, SB 155

Senate Bill No. 155–Committee on Transportation

CHAPTER 638

AN ACT relating to motor vehicle carriers; establishing regulations for the operation of taxicabs; providing penalties; making an appropriation; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 42, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 41, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, have the meanings ascribed to them in sections 3 to 8, inclusive, of this act.

      Sec. 3.  “Administrator” means the taxicab administrator or any authorized agent of the taxicab administrator.

      Sec. 4.  “Certificate holder” means a person who has obtained and who holds a certificate of public convenience and necessity which was issued for the operation of a taxicab business within the county by:

      1.  The public service commission of Nevada prior to July 1, 1969, and which has not been revoked or suspended by the taxicab authority; or

      2.  The taxicab authority.

      Sec. 5.  “Driver” means an individual who operates a taxicab and includes a certificate holder when he operates a taxicab.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1240 (Chapter 638, SB 155)ê

 

      Sec. 6.  “Person” means any individual, firm, association, partnership, corporation, lessee, trustee, receiver or company.

      Sec. 7.  1.  “Taxicab” means a motor vehicle or vehicles which is designed or constructed to accommodate and transport not more than six passengers, including the driver, and is:

      (a) Fitted with a taximeter or other device to indicate and determine the passenger fare charged;

      (b) Used in the transportation of passengers for which a charge or fee is received; or

      (c) Operated in any service which is held out to the public as being available for the transportation of passengers from place to place in the State of Nevada.

      2.  “Taxicab” does not include a motor vehicle of a common motor carrier or contract motor carrier which is used in a fixed route operation.

      Sec. 8.  “Taximeter” means an instrument used in a taxicab for indicating the passenger fare charged.

      Sec. 9.  1.  For each county of this state to which sections 2 to 41, inclusive, of this act apply, the governor shall appoint a taxicab authority consisting of three persons, who shall serve at his pleasure. No more than two of such persons may be members of the same political party, and no elected officer of the state or any political subdivision is eligible for appointment.

      2.  Each member of the taxicab authority is entitled to receive as compensation $40 for each day actually employed on work of the authority, and reimbursement for necessary travel and per diem expenses in the manner provided by law.

      3.  The taxicab authority may, in accordance with the provisions of chapter 233B of NRS, make appropriate rules and regulations for the administration and enforcement of sections 2 to 41, inclusive, of this act. Except to the extent of any inconsistency with the provisions of sections 2 to 41, inclusive, of this act, every rule, regulation and order issued by the public service commission of Nevada shall remain effective in a county to which sections 2 to 41, inclusive, of this act apply until modified or rescinded by the taxicab authority, and shall be enforced by the taxicab authority.

      Sec. 10.  For each county to which sections 2 to 41, inclusive, of this act apply, the governor shall appoint a taxicab administrator. The administrator shall be in the unclassified service of the State of Nevada and is entitled to receive an annual salary in the amount specified in NRS 281.115.  The taxicab authority may remove the administrator for good cause shown.

      Sec. 11.  1.  The administrator shall be responsible for the control and regulation of the taxicab industry in any county to which sections 2 to 41, inclusive, of this act apply and for the administration of sections 2 to 41, inclusive, of this act.

      2.  The administrator shall appoint:

      (a) One administrative assistant who is qualified as an accountant and auditor;

      (b) Seven taxicab field investigators who shall be peace officers;

      (c) One secretary; and

      (d) Such other employees as may be necessary to enable the administrator properly to perform his official functions.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1241 (Chapter 638, SB 155)ê

 

      Sec. 12.  The administrator shall conduct administrative hearings and make final decisions, subject to appeal by any aggrieved party to the taxicab authority, in the following matters:

      1.  Any violation relating to the issuance of or transfer of motor carrier license plates required by either the taxicab authority or the department of motor vehicles;

      2.  Complaints against certificate holders;

      3.  Complaints against taxicab drivers; and

      4.  Applications for, or suspension or revocation of, driver permits which may be required by the administrator.

      Sec. 13.  The administrator shall conduct hearings and submit recommendations for a final decision to the taxicab authority, which shall render a final decision in the following matters:

      1.  Allocation of taxicabs; and

      2.  Suspension or revocation of a certificate holder’s certificate of public convenience and necessity.

      Sec. 14.  The taxicab authority shall conduct hearings and make final decisions in the following matters:

      1.  Applications to adjust, alter or change the rates, charges or fares for taxicab service;

      2.  Applications for certificates of public convenience and necessity to operate a taxicab service; and

      3.  Applications requesting authority to transfer any existing authority vested in any person or corporation to operate a taxicab business.

      Sec. 15.  1.  Whenever circumstances require a change in the allocations existing on July 1, 1969, or afterward established, the taxicab authority shall allocate the number of taxicabs among the certificate holders in any county to which sections 2 to 41, inclusive, of this act apply.

      2.  In determining the allocation of taxicabs as set forth in subsection 1, the taxicab authority shall consider:

      (a) The needs and requirements of residents of the area served by the certificate holders;

      (b) The needs and requirements of the tourists of the area served by the certificate holders;

      (c) The interests, welfare, convenience, necessity and well-being of the public at large in the area served by the certificate holders; and

      (d) Any other factors which the administrator considers necessary and proper for determining the allocation.

      Sec. 16.  1.  The board of county commissioners of any county in which there is in effect a taxicab allocation order of a taxicab authority, and the governing body of each city within any such county, shall pay to the treasurer of the State of Nevada all of the tax revenue which is received from the taxicab industry operating in such county and city, respectively. The funds so received by the State of Nevada are hereby appropriated for the purpose of defraying the cost of regulating taxicabs in the county making the payment to the State of Nevada.

      2.  For the purpose of calculating the amount due to the state under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.

      Sec. 17.  A certificate holder who is subject to an allocation order of the taxicab authority shall pay to the taxicab authority $75 for each taxicab that the taxicab authority has allocated to the certificate holder. The funds so received by the taxicab authority shall be paid to the treasurer of the State of Nevada and are hereby appropriated for the purpose of defraying the costs of regulating taxicabs in the county in which the certificate holder operates a taxicab business.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1242 (Chapter 638, SB 155)ê

 

funds so received by the taxicab authority shall be paid to the treasurer of the State of Nevada and are hereby appropriated for the purpose of defraying the costs of regulating taxicabs in the county in which the certificate holder operates a taxicab business.

      Sec. 18.  A person shall not engage in the taxicab business unless he:

      1.  Holds a certificate of public convenience and necessity from the public service commission of Nevada issued prior to July 1, 1969, which has not been revoked or suspended by the taxicab authority; or

      2.  Obtains a certificate of public convenience and necessity from the taxicab authority as provided in NRS 706.390 to 706.430, inclusive.

      Sec. 19.  1.  A certificate holder shall file with the administrator, and keep in effect at all times, a policy of insurance with an insurance company licensed to do business in the State of Nevada.

      2.  The insurance policy specified in subsection 1 shall:

      (a) Provide the following coverage:

 

For injury to one person in any one accident........................... $100,000

For injury to two or more persons in any one accident........... 300,000

For property damage in any one accident.................................    10,000

 

      (b) Contain a clause which states substantially that the insurance carrier may only cancel the policy upon 30 days’ written notice to the administrator; and

      (c) Contain such other notice provisions as may be required by law to be given to the certificate holder.

      3.  If an insurance policy is canceled, the certificate holder shall not operate or cause to be operated any taxicab that was covered by such policy until other insurance is furnished.

      Sec. 20.  1.  A certificate holder shall maintain a uniform system of accounts in which all business transacted by the certificate holder is recorded. The accounts shall be:

      (a) In a form prescribed by the taxicab authority;

      (b) Prior to April 15 of each year, submitted to the taxicab authority in an annual report in the form and detail prescribed by the taxicab authority;

      (c) Retained for a period of 3 years after their receipt back from the taxicab authority; and

      (d) Supplemented with such additional information as the taxicab authority may require.

      2.  The taxicab authority may examine the books, accounts, records, minutes and papers of a certificate holder at any reasonable time to determine their correctness and whether they are maintained in accordance with the rules and regulations prescribed by the taxicab authority.

      Sec. 21.  1.  A certificate holder shall maintain at his principal place of business:

      (a) A record of the make and serial number of each taxicab;

      (b) A maintenance record for each taxicab; and

      (c) A copy of the medical certificates of each of his drivers.

      2.  The records of a certificate holder shall be open for inspection by the administrator or the taxicab authority at any reasonable time.

      Sec. 22.  A certificate holder shall have a public business telephone listing in the telephone directory for the area being served. The listing shall state the company name, telephone number, place of business and hours of service.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1243 (Chapter 638, SB 155)ê

 

shall state the company name, telephone number, place of business and hours of service.

      Sec. 23.  A certificate holder shall have each taxicab equipped with a two-way mobile radio and shall have access to, be affiliated with or maintain central radio dispatch facilities at all times.

      Sec. 24.  1.  The color scheme, insigne and cruising light design of each taxicab shall conform to those approved for the certificate holder by the administrator pursuant to regulations of the taxicab authority.

      2.  The administrator, before he approves the color scheme, insigne or cruising light design of the taxicabs of a certificate holder, shall insure that the color scheme, insigne and cruising light design of one certificate holder are readily distinguishable from the color scheme, insigne and cruising light designs of other certificate holders.

      Sec. 25.  1.  A certificate holder shall not permit a vehicle to be used as a taxicab if its age exceeds 4 years from the date of its original purchase.

      2.  Any replacement or supplement vehicle which a certificate holder acquires for use as a taxicab shall be new.

      Sec. 26.  1.  A certificate holder shall display on each of his taxicabs the fare schedule under which it is being operated. The schedule shall be permanently affixed:

      (a) On the outside of both front doors in bold block letters which are of a color which contrasts with the color of the taxicab and which are not less than three-fourths of an inch in height; and

      (b) On the back of the front seat of the taxicab so as to be visible and easily readable by passengers riding in the back seat of the taxicab.

      2.  A certificate holder shall have the identity number of his certificate, a unit number and the name of the certificate holder painted on each side of each taxicab in bold block letters not less than 3 inches in height and in a color which contrasts with the color of the taxicab.

      Sec. 27.  A certificate holder shall not permit a taxicab to be operated in passenger service unless it meets all of the following standards:

      1.  The steering mechanism is in good mechanical working order.

      2.  The vehicle does not have any apparent loose knuckles, bolts or gear trains.

      3.  The door hinges and latches are in good mechanical working order and all doors operate easily and close securely.

      4.  Interior or exterior advertising does not obscure the driver’s view in any direction.

      5.  The windows are clear and free from cracks or chips in excess of 3 inches in length and are composed of approved, non-shatterable safety glass.

      6.  The brakes are in good mechanical working order and when pressed are not less than 1 3/4 inches from the floorboard.

      7.  The exhaust system, gaskets, tailpipes and mufflers are in good condition and exhaust fumes do not penetrate the interior of the vehicle.

      8.  The vehicle is equipped with four adequate and safe tires. Recapped tires may be used. Regrooved tires may not be used.

      9.  The speedometer is properly installed, maintained in good working order and exposed to view.


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ê1969 Statutes of Nevada, Page 1244 (Chapter 638, SB 155)ê

 

      10.  The interior of the vehicle is clean, free from torn upholstery and from damaged or broken seats.

      11.  The headlights, taillights, stoplights and turn signals are in good mechanical working order.

      12.  The horn and two windshield wipers are in good mechanical working order.

      13.  The taximeter is working properly, is not disconnected and has its covers and gears intact.

      Sec. 28.  A certificate holder shall not permit a taxicab to be operated in passenger service for a period of more than 24 hours unless it meets all of the following standards:

      1.  The vehicle is structurally sound and operates with a minimum of noise and vibration.

      2.  The vehicle does not have cracked, broken or badly dented fenders and is painted so as to provide reasonable protection against structural deterioration.

      3.  The vehicle does not have shades or curtains which can be manipulated to shield the occupants or driver from exterior observation or to obstruct vision through the rear view windows.

      4.  The vehicle is washed once a week, the interior is swept, dusted and vacuumed once a day and the vehicle is in a clean and sanitary condition.

      5.  The floor mat is made of rubber or a similar nonabsorbent, washable material, is easily removable and is not torn.

      Sec. 29.  1.  The administrator may inspect a taxicab at any reasonable time.

      2.  If the administrator finds that a taxicab is in a condition which violates section 27 of this act, he shall remove the vehicle from passenger service, shall place an out-of-service sticker on the windshield and shall notify the certificate holder of the defect. The vehicle shall remain out of passenger service until the defect has been remedied and the administrator upon reinspection has approved the vehicle and removed the out-of-service sticker.

      3.  If the administrator finds that a taxicab is in a condition which violates section 28 of this act, he shall notify the certificate holder of the improper condition and, after a reasonable time, shall reinspect the vehicle.

      Sec. 30.  1.  A certificate holder shall equip each of his taxicabs with a taximeter and shall make provisions when installing the taximeter to allow sealing by the administrator at the face of the meter and at the point where the meter drive cable enters the transmission.

      2.  The administrator shall approve the types of taximeters which may be used on a taxicab. All taximeters shall conform to a 2-percent plus or minus tolerance on the fare recording, shall be equipped with a signal device plainly visible from outside of the taxicab, shall be equipped with a fare-recording device which is plainly visible to the passenger and shall register upon plainly visible counters the following items:

      (a) Total miles;

      (b) Paid miles;

      (c) Number of units;

      (d) Number of trips; and


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1245 (Chapter 638, SB 155)ê

 

      (e) Number of extra passengers.

      3.  The administrator shall inspect each taximeter prior to its use in a taxicab and shall, if the taximeter conforms to the standards specified in subsection 2, seal the taximeter.

      4.  The administrator may reinspect the taximeter at any reasonable time.

      Sec. 31.  1.  The administrator shall issue drivers’ permits to persons who wish to be employed by certificate holders as drivers. The administrator shall not issue a driver’s permit to an applicant therefor unless the applicant:

      (a) Has been a resident of the State of Nevada for 6 months prior to his application for a permit;

      (b) Has obtained and has on his person a valid chauffeur’s license for the State of Nevada obtained under the provisions of NRS 483.010 to 483.060, inclusive;

      (c) Files with the administrator a physician’s certificate obtained pursuant to section 33 of this act;

      (d) Has not been convicted of a sexual or narcotics offense or of being an habitual criminal in the State of Nevada or in any other state of the United States within the preceding 5 years; and

      (e) Is fit, willing and able to be a driver.

      2.  A driver’s permit issued by the administrator is valid for 1 year. An original driver’s permit may be renewed no more than three times.

      Sec. 32.  A taxicab driver shall pay to the administrator, in advance, the sum of $12.50 for an original driver’s permit and $2.50 for a renewal. The funds so received by the administrator shall be paid to the state treasurer and are hereby appropriated to be used for the purpose of defraying the costs of regulating the taxicab industry in the State of Nevada.

      Sec. 33.  1.  Before applying to a certificate holder for employment as a driver, a person shall obtain a physician’s certificate with two copies thereof from a physician who is licensed to practice in the State of Nevada.

      2.  A physician shall issue the certificate and copies described in subsection 1 if he finds that a prospective driver meets the following health requirements:

      (a) He shall not have a mental, nervous, organic or functional disease which is likely to interfere with safe driving;

      (b) His eyesight shall comprise:

             (1) Visual acuity, either without glasses or by correction with glasses, of at least 20/40 (Snellen) in one eye, and 20/100 (Snellen) in the other eye;

             (2) Ability to form a field of not less than 45 degrees in all meridians from the point of fixation; and

             (3) Ability to distinguish red, green and yellow; and

      (c) His hearing shall not be less than 10/20 in the better ear, for conversational tones, without the use of a hearing aid.

      3.  The certificate described in subsection 1 shall state that the physician has examined the prospective driver and has found that he meets the health requirements described in subsection 2. The certificate shall be signed and dated by the physician.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1246 (Chapter 638, SB 155)ê

 

      4.  The physician’s certificate required by this section shall expire 3 years after the date of issuance and may be renewed.

      Sec. 34.  1.  A certificate holder shall not employ a driver unless the driver has obtained and has on his person:

      (a) A valid chauffeur’s license for the State of Nevada obtained under the provisions of NRS 483.010 to 483.630, inclusive;

      (b) A copy of a physician’s certificate obtained pursuant to section 33 of this act; and

      (c) A driver’s permit issued by the administrator under section 31 of this act.

      2.  A certificate holder shall, at the time he employs a driver, provide the driver with a complete copy of the regulations described in sections 35 to 40, inclusive, of this act and require the driver to sign a statement that he has received a copy of the regulations and has read and familiarized himself with the contents thereof.

      Sec. 35.  1.  A certificate holder shall require his drivers to keep a daily trip sheet in a form to be prescribed by the taxicab authority.

      2.  At the beginning of each period of duty the driver shall record on his trip sheet:

      (a) His name and the number of his taxicab;

      (b) The time at which he began operating the taxicab on the streets;

      (c) The meter readings for total miles, paid miles, trips, units and extra passengers; and

      (d) The speedometer reading of the taxicab.

      3.  During his period of duty the driver shall record on his trip sheet:

      (a) The time, place of origin and destination of each trip; and

      (b) The number of passengers and amount of fare for each trip.

      4.  At the end of each period of duty the driver shall record on his trip sheet:

      (a) The time at which he stopped operating the taxicab on the streets;

      (b) The meter readings for total miles, paid miles, trips, units and extra passengers; and

      (c) The speedometer reading of the taxicab.

      5.  A certificate holder shall furnish a trip sheet form for each taxicab operated by a driver during his period of duty and shall require his drivers to return their completed trip sheets at the end of each period of duty.

      6.  A certificate holder shall retain all trip sheets of all drivers in a safe place for a period of 3 years immediately succeeding December 31 of the year to which they respectively pertain and shall make such manifests available for inspection by the administrator upon reasonable demand.

      7.  Any driver who maintains a trip sheet in a form less complete than that required by subsection 1 is guilty of a misdemeanor.

      Sec. 36.  While a driver is on duty, he shall:

      1.  Be appropriately dressed by the standards of the taxicab industry.

      2.  Be neat and clean in person and appearance.

      3.  Refrain from talking loudly, uttering profanity and from shouting to other drivers.

      4.  Not have in his possession a lighted cigar, cigarette or pipe while a passenger is being carried in his taxicab.


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ê1969 Statutes of Nevada, Page 1247 (Chapter 638, SB 155)ê

 

      5.  Not chew tobacco or use snuff while a passenger is being carried in his taxicab.

      6.  Attend his taxicab if it is being held out for hire.

      7.  Not permit his taxicab to remain at a taxicab stand unless it is being held out for hire.

      8.  Discourage passengers from entering or leaving a taxicab from the left side except at the left curb of a one-way street or while the car is parked perpendicularly to a curb.

      9.  Not load or unload passengers or luggage at an intersection or crosswalk or at any place or in any manner that will interfere with the orderly flow of traffic.

      10.  Not carry more than two passengers in the front seat of the taxicab or carry more passengers in the back seat of the taxicab than are authorized by the manufacturer’s recommendations.

      11.  Operate his taxicab in accordance with all applicable state and local laws and regulations and with due regard for the safety, comfort and convenience of passengers and of the general public.

      Sec. 37.  With respect to a passenger’s destination, a driver shall not:

      1.  Deceive or attempt to deceive any passenger who may ride or desire to ride in his taxicab.

      2.  Convey or attempt to convey any passenger to a destination other than the one directed by the passenger.

      3.  Take a longer route to the passenger’s destination than is necessary, unless specifically requested so to do by the passenger.

      4.  Comply with the reasonable and lawful requests of the passenger as to speed of travel and route to be taken.

      Sec. 38.  1.  A driver shall not refuse or neglect to transport any orderly person to that person’s destination if:

      (a) That person requests the driver to transport him; and

      (b) The requested destination is within the area allocated to the certificate holder who employs the driver.

      2.  Subsection 1 does not apply if the driver can show beyond a reasonable doubt that:

      (a) He has good reason to fear for his personal safety;

      (b) The taxicab has been previously engaged by another person; or

      (c) He is forbidden by law or regulation to carry the person requesting transportation.

      Sec. 39.  1.  If a driver violates any provision of sections 35 to 38, inclusive, of this act within any period of 12 months, the administrator may impose the following sanctions:

      (a) First offense: Warning notice.

      (b) Second offense: 1 to 3 days’ suspension of a driver’s permit.

      (c) Third offense: 4 to 6 days’ suspension of a driver’s permit.

      (d) Fourth offense: 10 days’ suspension of a driver’s permit.

      (e) Fifth offense: Revocation of a driver’s permit.

      2.  The administrator shall conduct a hearing prior to suspension or revocation of a driver’s permit.

      Sec. 40.  1.  A taxicab driver shall:

      (a) Assure that the fare indicator on the taximeter of his taxicab reads zero prior to the time that the taxicab is engaged.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1248 (Chapter 638, SB 155)ê

 

      (b) Assure that the taximeter of his taxicab registers mileage only while the taxicab is in motion with a passenger and waiting time only while the taxicab is not in motion with a passenger.

      (c) Not make any charge for the transportation of a passenger other than the charge shown on the taximeter.

      (d) Not alter, manipulate, tamper with or disconnect a sealed taximeter or its attachments nor make any change in the mechanical condition of the wheels, tires, or gears of a taxicab with intent to cause false registration on the taximeter of the passenger fare.

      (e) Not remove or alter fare schedules which have been posted in his taxicab by the certificate holder.

      (f) Not permit any person other than the person who has engaged the taxicab to ride therein unless the person who has engaged the taxicab gives permission for such other person to ride in the taxicab, but if permission is given the fare charged by the driver shall be as follows: When the person who has engaged the taxicab is first to leave the taxicab and pay the fare, the taximeter shall be reset to zero.

      (g) Not drive a taxicab or go on duty while under the influence of intoxicating liquor or drink intoxicating liquor while on duty.

      (h) Not use dangerous drugs, narcotics or hallucinogenic drugs at any time except with a prescription from a physician who is licensed to practice medicine in the State of Nevada.

      2.  If a driver violates any provision of subsection 1 within any period of 12 months, the administrator may, after a hearing, impose the following sanctions:

      (a) First offense: 1 to 5 days’ suspension of a driver’s permit.

      (b) Second offense: 6 to 20 days’ suspension of a driver’s permit.

      (c) Third offense: Revocation of a driver’s permit.

      Sec. 41.  1.  Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the taxicab authority or the administrator or who violates any of the provisions of sections 2 to 41, inclusive, of this act is guilty of a misdemeanor.

      2.  The taxicab authority or administrator may at any time, for good cause shown, and upon at least 5 days’ notice to the grantee of any certificate, permit or license, and after a hearing had therefor, suspend or revoke such certificate, permit or license granted by it or him, respectively.

      3.  The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or administrator from suspending or revoking any certificate, permit or license of the person convicted. The suspension or revocation of any certificate, permit or license by the taxicab authority or administrator does not operate as a defense in any proceeding brought under subsection 1.

      Sec. 42.  1.  Sections 2 to 41, inclusive, of this act apply to a county whose population is 120,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      2.  Within any such county, those provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the public service commission of Nevada do not apply.

      Sec. 43.  NRS 706.130 is hereby amended to read as follows:


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1249 (Chapter 638, SB 155)ê

 

      706.130  1.  It is hereby declared to be the purpose and policy of the legislature in enacting this chapter:

      (a) [To] Except to the extent otherwise provided in sections 2 to 42, inclusive, of this act, to confer upon the commission the power and authority and to make it the duty of the commission to supervise and regulate the common and contract motor carrying of property and passengers for hire, and to regulate for licensing purposes the private motor carrying of property when used for private commercial enterprises on the public highways of this state, and to confer upon the department the power and authority to license all motor carriers, so as to relieve the existing and all future undue burdens on such highways arising by reason of the use of such highways by motor vehicles in a gainful occupation thereon;

      (b) To provide for reasonable compensation for the use of such highways in such gainful occupations, and enable the State of Nevada, by a utilization of the license fees, to provide more fully for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways; and

      (c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and foster sound economic conditions in motor transportation, and to encourage the establishment and maintenance of reasonable charges for such transportation services, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices.

      2.  All of the provisions of this chapter shall be administered and enforced with a view to carrying out the declaration of policy contained in subsection 1.

      Sec. 44.  NRS 706.190 is hereby amended to read as follows:

      706.190  All costs of administration of [this chapter] NRS 706.010 to 706.870, inclusive, shall be paid from the state highway fund on claims presented by the commission, approved by the state board of examiners.

      Sec. 45.  NRS 706.200 is hereby amended to read as follows:

      706.200  1.  All moneys collected under the provisions of [this chapter] NRS 706.010 to 706.870, inclusive, shall be paid over to the state treasurer by the department on or before the 1st Monday of each month. The state treasurer shall place such moneys in the state highway fund for the construction, maintenance and repair of the public highways of this state.

      2.  The department is directed and authorized to deposit such moneys, while in its possession, in a reputable bank in this state. Such bank shall execute and deliver to the department good and sufficient collateral security or a depositary bond to be approved by the state board of examiners.

      Sec. 46.  1.  The public service commission of Nevada shall prior to July 1, 1969, complete its hearings and allocate the number of taxicabs to be operated in Clark County by each holder of a certificate of public convenience and necessity. This allocation shall remain in effect unless and until altered pursuant to sections 2 to 41, inclusive, of this act. If the total allocation is altered prior to July 1, 1971, the number of taxicabs allocated to each certificate holder shall be increased or decreased by the same percentage to the nearest whole number.


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ê1969 Statutes of Nevada, Page 1250 (Chapter 638, SB 155)ê

 

      2.  The public service commission of Nevada shall on July 1, 1969, deliver to the taxicab authority a list of all certificates of public convenience and necessity outstanding for the operation of taxicabs in Clark County, and of any applications for or proceedings to revoke such certificates as to which no hearing has been held. The taxicab authority may act upon such pending applications and complete such pending proceedings, and may take any steps relevant to such an application, certificate or proceeding which may be ordered by a court of competent jurisdiction although prior steps were taken by the public service commission of Nevada.

      3.  The public service commission of Nevada shall after July 1, 1969, complete any proceeding relating to the operation of taxicabs in Clark County in which evidence has been received prior to July 1, 1969, shall render its decision in such proceeding, and shall act on any application for rehearing. If a rehearing is granted, it shall be heard by the taxicab authority.

      Sec. 47.  1.  This act shall become effective upon passage and approval, for the purpose of the appointment of the taxicab authority and the administrator and for all purposes preparatory to the administration and enforcement of its provisions. Upon passage and approval of this act there is appropriated from the general fund in the state treasury the sum of $20,000 for the support of the taxicab authority for the period ending June 30, 1969. Of the moneys so appropriated an amount not to exceed $15,000 may be paid by the taxicab authority to the public service commission of Nevada in reimbursement of moneys expended by the commission in conducting taxicab allocation hearings.

      2.  This act shall become effective on July 1, 1969, for all other purposes.

 

________

 

 

CHAPTER 639, AB 777

Assembly Bill No. 777–Committee on Taxation

CHAPTER 639

AN ACT relating to Douglas County; authorizing the county to levy, collect and otherwise administer lodgers occupancy taxes; providing for exemptions thereto, the collection of delinquencies, penalties, the purposes for which such tax proceeds may be expended, and other details pertaining thereto; providing for airport facilities, for recreational facilities and for the issuance of bonds and other securities by the county in connection with airport facilities; providing for the creation of a commission relating to airport facilities, recreational facilities or such combined facilities, the procedure to be followed in the organization and reorganization, and the composition, powers and duties of such commission, providing civil and criminal penalties; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection therewith; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Short title.  This act shall be known as the Douglas County Lodgers Tax Law.

      Sec. 2.  Legislative determination.  The legislature hereby determines, finds and declares:


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1251 (Chapter 639, AB 777)ê

 

      1.  The necessity for this act results from:

      (a) The small population of Douglas County;

      (b) Its geographical location on the border of the densely populated State of California and on a portion of Lake Tahoe;

      (c) Its natural tourist attractions and its availability to tourists; and

      (d) Its atypical financial problems resulting from the foregoing and other singular factors.

      2.  A general law cannot be made applicable to the purposes, objects, powers, rights, privileges, immunities, liabilities, duties and disabilities provided in this act because of the number of atypical factors and special conditions relating thereto.

      3.  The powers, rights, privileges, immunities, liabilities, duties and disabilities provided in this act comply in all respects with any requirement or limitation pertaining thereto and imposed by any constitutional provision.

      Sec. 3.  Definitions.  Except as otherwise provided in this act or where the context thereof otherwise requires, terms used or referred to herein are as defined in the Local Government Securities Law, as from time to time amended; but the definitions in sections 4 to 27, inclusive, of this act, except where the context otherwise requires, govern the construction of this act and of the Local Government Securities Law.

      Sec. 4.  “Act” defined.  “Act” means this Douglas County Lodgers Tax Law.

      Sec. 5.  “Airport facilities” defined.  “Airport facilities” means an airport or airports of the county which it acquires, operates and maintains pursuant to the Municipal Airports Act (chapter 496 of NRS), and all laws amendatory thereof and supplemental thereto.

      Sec. 6.  “Combined facilities” defined.  “Combined facilities” means both airport facilities and recreational facilities as herein defined.

      Sec. 7.  “Commission” defined.  “Commission” means a commission appointed by the governing body on the behalf and in the name of the county for the administration of airport facilities, recreational facilities, or combined facilities as herein defined.

      Sec. 8.  “Commissioner” defined.  “Commissioner” means a member of the commission as herein defined.

      Sec. 9.  “County” and “municipality” defined.  “County” or “municipality” means the county of Douglas, in the State of Nevada.

      Sec. 10.  “Disposal” and “dispose” defined.  “Disposal” or “dispose” means the sale, destruction, razing, loan, lease, grant, transfer, assignment, option to sell, other contract or other disposition (or any combination thereof) of property or any interest therein pertaining to any project authorized in this act.

      Sec. 11.  “Equipment” and “equip” defined.  “Equipment” or “equip” means the furnishing of all necessary, desirable, useful, related or appurtenant furniture, fixtures and other facilities (or any combination thereof) pertaining to any project or any interest therein as authorized in this act.

      Sec. 12.  “Governing body” defined.  “Governing body” means the board of county commissioners of Douglas County.

      Sec. 13.  “Gross taxable rent” defined.  “Gross taxable rent” means the total amount of rent paid for lodging.


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ê1969 Statutes of Nevada, Page 1252 (Chapter 639, AB 777)ê

 

      Sec. 14.  “Hereby,” other like words defined.  1.  “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereof,” “hereunder,” “herewith,” or any term of similar import, refers to the act in which such word is used and not solely to the particular portion thereof in which such word is used.

      2.  “Heretofore” means before the adoption of such act.

      3.  “Hereafter” means after the adoption of such act.

      Sec. 15.  “Lodging” defined.  “Lodging” means the transaction of furnishing rooms or other accommodations by a vendor to a vendee who for a rent uses, possesses or has the right to use or possess any room or rooms or other units of accommodations in or at a taxable premises.

      Sec. 16.  “Lodgings” defined.  “Lodgings” means the rooms or other accommodations furnished by a vendor to a vendee by the taxable service of lodging.

      Sec. 17.  “Municipality” and “municipal” defined.  1.  “Municipality” means the county as defined in this act.

      2.  “Municipal” pertains to the county.

      Sec. 18.  “Occupancy tax” defined.  “Occupancy tax” means the tax on lodging authorized by this Douglas County Lodgers Tax Law.

      Sec. 19.  “Pledged revenues” defined.  1.  “Pledged revenues” means the moneys designated by the governing body on the behalf and in the name of the municipality in any bond ordinance or other proceedings pertaining to the issuance of municipal securities relating to a project, which moneys are derived by the municipality from any one, all or any combination of the following sources:

      (a) Proceeds of any municipal occupancy tax levied hereunder; or

      (b) Tolls, fees, rents, rates and other charges derived from the operation of or otherwise relating to:

             (1) Airport facilities;

             (2) Recreational facilities; or

             (3) Combined facilities.

      2.  “Pledged revenues” means all or a portion of such moneys so designated by the municipality, and such term indicates a source or sources of revenues and does not necessarily indicate all or any portion or other part of such revenues in the absence of further qualification.

      Sec. 20.  “Project” defined.  “Project” means an undertaking for the acquisition of capital improvements pertaining to airport facilities, or recreational facilities, or combined facilities as herein defined.

      Sec. 21.  “Property” defined.  “Property” means real property, personal property, mixed property or any other property (or any combination thereof).

      Sec. 22.  “Real property” defined.  “Real property” means:

      1.  Land, including land under water.

      2.  Buildings, structures, fixtures and improvements on land.

      3.  Any property appurtenant to or used in connection with land.

      4.  Every estate, interest, privilege, easement, license, franchise and right in land, legal or equitable, including without limitation rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.

      Sec. 23.  “Recreational facilities” defined.  “Recreational facilities” means beach facilities, wharves, docking accommodations, marinas, jetties, breakwaters, shelters, other boating facilities, playgrounds, swimming pools, golf courses, tennis courts, squash courts, other courts, ball fields, other athletic fields, tracks, racecourses, playgrounds, parks, including without limitation graded, regraded, gravelled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, golf house facilities, club houses, horseshoe pits, ball fields, swings, slides, other playground equipment, stadiums, fieldhouses, rinks, gymnasiums, appurtenant shower, locker and other bathhouse facilities, amusement halls, dance halls, auditoriums, arenas, theaters, concert halls, museums, exposition buildings, aviaries, aquariums, zoological gardens, biological gardens and vivariums (or any combination thereof) of the county.


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ê1969 Statutes of Nevada, Page 1253 (Chapter 639, AB 777)ê

 

pools, golf courses, tennis courts, squash courts, other courts, ball fields, other athletic fields, tracks, racecourses, playgrounds, parks, including without limitation graded, regraded, gravelled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, golf house facilities, club houses, horseshoe pits, ball fields, swings, slides, other playground equipment, stadiums, fieldhouses, rinks, gymnasiums, appurtenant shower, locker and other bathhouse facilities, amusement halls, dance halls, auditoriums, arenas, theaters, concert halls, museums, exposition buildings, aviaries, aquariums, zoological gardens, biological gardens and vivariums (or any combination thereof) of the county.

      Sec. 24.  “Rent” defined.  “Rent” means the consideration received by a vendor in money, credits, property or other consideration valued in money for lodgings subject to an occupancy tax authorized in this act.

      Sec. 25.  “Taxable premises” defined.  “Taxable premises” means a hotel, apartment, apartment hotel, apartment house, lodge, lodging house, rooming house, guest house, motor hotel, guest house, guest ranch, ranch resort, guest resort, mobile home, motor court, auto court, auto camp, trailer court, trailer camp, trailer park, tourist camp, cabin or other premises used for lodging.

      Sec. 26.  “Vendee” defined.  “Vendee” means an individual to whom lodgings are furnished in the exercise of the taxable service of lodging.

      Sec. 27.  “Vendor” defined.  “Vendor” means a person furnishing lodgings in the exercise of the taxable service of lodging.

      Sec. 28.  Authorization of tax.  1.  The municipality may impose an occupancy tax for revenues by ordinance on lodging within the municipality.

      2.  The occupancy tax shall not exceed 5 percent of the gross taxable rent.

      3.  Every vendor who is furnishing any lodgings within the municipality is exercising a taxable privilege.

      4.  A vendor shall not be exempt from the occupancy tax because the taxable premises are at any time located in an incorporated city, incorporated town or other public body (other than the municipality).

      Sec. 29.  Exemptions.  1.  The municipality may provide that the occupancy tax shall not apply:

      (a) If a vendee:

             (1) Has been a permanent resident of the taxable premises for a period of at least 28 consecutive days; or

             (2) Enters into or has entered into a written agreement for lodgings at the taxable premises for a period of at least 28 consecutive days; or

      (b) If the rent paid by a vendee is less than $2 a day;

      (c) To lodging accommodations at religious, charitable, educational, or philanthropic institutions, including without limitation such accommodations at summer camps operated by such institutions;

      (d) To clinics, hospitals or other medical facilities;

      (e) To privately owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill;

      (f) If the taxable premises does not have at least three rooms or three other units of accommodations for lodging; or


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ê1969 Statutes of Nevada, Page 1254 (Chapter 639, AB 777)ê

 

      (g) To all or any combination of events or conditions provided in paragraphs (a) to (f), inclusive.

      2.  The occupancy tax shall not apply to lodgings at institutions of the Federal Government, the state, the municipality or any public body.

      Sec. 30.  Collection of taxes.  1.  If the municipality imposes an occupancy tax, every vendor providing lodgings therein shall collect the proceeds of the tax on behalf of the municipality and shall act as a trustee therefor.

      2.  The tax shall be collected from vendees in accordance with the ordinance imposing the occupancy tax and shall be charged separately from the rent fixed by the vendor for the lodgings.

      Sec. 31.  Collection of delinquencies.  1.  The governing body may by ordinance provide that:

      (a) The payment of the occupancy tax pertaining to any lodgings is secured by a lien on the real property at the taxable premises where the lodgings are located;

      (b) Any such lien securing the payment of a delinquent occupancy tax may be enforced in the same manner as liens for general (ad valorem) taxes on real property; and

      (c) A vendor is liable for the payment of the proceeds of any occupancy tax which pertains to the vendor’s taxable premises and which the vendor failed to remit to the municipality, due to his failure to collect the tax or otherwise.

      2.  The governing body may so provide for a civil penalty for any such failure in an amount of not exceeding 10 percent of the amount which was not duly remitted to the municipality but in an amount not less than 10 dollars.

      3.  The municipality may bring an action in law or equity in the district court for the collection of any amounts due, including without limitation penalties thereon, interest on the unpaid principal at a rate of not exceeding 1 percent a month, the costs of collection, and reasonable attorneys’ fees incurred in connection therewith, except for any tax being collected by the enforcement of a lien pursuant to subsection 1.

      Sec. 32.  Penalties.  The governing body may by ordinance provide for penalties of not exceeding 90 days in jail nor a $300 fine for a violation by any person of the provisions of the municipal occupancy tax ordinance for a failure to pay the tax, to remit the proceeds thereof to the municipality or to account properly for any lodging and the tax proceeds pertaining thereto.

      Sec. 33.  Other details.  The ordinance of the municipality imposing an occupancy tax, or any ordinance amendatory thereof or supplemental thereto, except as limited by or otherwise provided in this act, may:

      1.  Provide a procedure for licensing each vendor and for refusing a vendor a license after an opportunity has been given to the vendor of a public hearing thereon by the governing body;

      2.  State the rate or other amount of the tax, the times, place and method for the payment of the tax proceeds to the municipality, the accounts and other records to be maintained in connection therewith, a procedure for making refunds and resolving disputes relating to the tax, including exemptions pertaining thereto, the preservation and destruction of records and their inspection and investigation, and, subject to the provisions of subsection 1 of section 31 hereof, a procedure of liens and sales to satisfy such liens; and

 


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ê1969 Statutes of Nevada, Page 1255 (Chapter 639, AB 777)ê

 

provisions of subsection 1 of section 31 hereof, a procedure of liens and sales to satisfy such liens; and

      3.  Provide other rights, privileges, powers, immunities and other details relating to any such vendor licenses, the collection of the occupancy tax and the remittance of the proceeds thereof to the municipality.

      Sec. 34.  Use of tax proceeds.  1.  Subject to the provisions of section 35 of this act, the municipality may use the proceeds of its occupancy tax, if any, at any time or from time to time, as the governing body may determine, but subject to any contractual limitations pertaining to such tax proceeds, to defray costs of:

      (a) The collection and other administration of the occupancy tax;

      (b) The planning, establishment, acquisition, improvement, equipment, repair, operation and maintenance (or any combination thereof) of:

             (1) Municipal airport facilities; or

             (2) Municipal recreational facilities; or

             (3) Combined facilities;

      (c) The acquisition, improvement, repair, operation, maintenance and disposal (or any combination thereof) of property for such airport facilities, such recreational facilities, or such combined facilities, or appurtenant or incidental thereto, including without limitation sites, buildings, fixtures, other structures, other improvements and equipment therefor;

      (d) Reasonably advertising, publicizing and promoting the recreational facilities for the attraction of tourists and vacationists to the county; or

      (e) All or any combination of the foregoing purposes or transactions stated in this subsection.

      2.  Except as may be otherwise provided in any ordinance or other proceedings authorizing the issuance of or otherwise pertaining to outstanding municipal airport bonds or other outstanding municipal airport securities:

      (a) The proceeds of the municipal occupancy tax may be held in a reserve account or reserve accounts as the governing body may determine for use subsequently for any one, all or any combination of the purposes or transactions stated in subsection 1; and

      (b) If in any fiscal year proceeds of the municipal occupancy tax are not expended for municipal airport purposes, not less than 75 percent of the proceeds expended in such year shall be expended for the acquisition or improvement of capital improvements for recreational facilities.

      Sec. 35.  Bonds and other securities.  1.  The governing body may pay with the proceeds of the occupancy tax the principal of, interest on and any prior redemption premiums due in connection with any municipal airport securities issued pursuant to the Municipal Airports Act, the Local Governments Securities Law and all laws amendatory thereof and supplemental thereto, either general obligations or special obligations.

      2.  The governing body, in any ordinance or other proceedings authorizing the issuance of or otherwise pertaining to such securities, may pledge for the payment of any such securities and may provide they constitute a lien on the proceeds of the occupancy tax, after provision is made for the reasonable costs of collecting and otherwise administering the tax in an amount in any fiscal year not exceeding 10 percent of the gross tax proceeds (excluding from the computation of such costs any administration expenses ultimately recovered from delinquent vendors as penalties, costs of collection and reasonable attorney fees, but not as interest on unpaid principal, and excluding from such computation any such tax proceeds for any period they are held in a suspense account for lawful reimbursements to vendors of taxes paid under protest, under mistake or otherwise), regardless of whether any revenues derived from the operation of the airport facilities, any recreational facilities or any combined facilities are pledged to secure the payment of the securities and of whether the securities constitute a lien on such revenues.


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ê1969 Statutes of Nevada, Page 1256 (Chapter 639, AB 777)ê

 

penalties, costs of collection and reasonable attorney fees, but not as interest on unpaid principal, and excluding from such computation any such tax proceeds for any period they are held in a suspense account for lawful reimbursements to vendors of taxes paid under protest, under mistake or otherwise), regardless of whether any revenues derived from the operation of the airport facilities, any recreational facilities or any combined facilities are pledged to secure the payment of the securities and of whether the securities constitute a lien on such revenues.

      Sec. 36.  Airport and recreation commission.  1.  The municipality may in its discretion create a county airport commission, county recreation commission or county airport and recreation commission for the administration respectively of airport facilities, recreational facilities, or combined facilities.

      2.  If the governing body determines to create a commission, the governing body by ordinance shall organize the commission for the purpose of exercising the powers granted to the municipality by sections 34 and 35 of this act, excluding the levy, collection and other administration of the occupancy tax but including without limitation the expenditure of the tax proceeds, making budgets therefor and providing appropriations thereunder and so including the operation, maintenance and other administration of such facilities as designated by the governing body by ordinance.

      Sec. 37.  Organizational ordinance.  The organizational ordinance shall state:

      1.  That the ordinance thereby creates a commission hereunder;

      2.  The name of the commission;

      3.  The powers to be exercised by the commission;

      4.  That the facilities to be acquired, if any, are those therein designated;

      5.  That the facilities previously acquired or to be acquired under or pursuant to this act, or any other law supplemental thereto by the governing body on behalf of the county, jurisdiction over and responsibility for which facilities are to be assumed subsequently by the commission, are those therein designated;

      6.  The times at which such jurisdiction and responsibility shall be assumed by the commission on behalf of the county; and

      7.  The names of the appointed commissioners who shall serve on the first commission.

      Sec. 38.  Supplementation of organizational ordinance.

      1.  Any organizational ordinance may be supplemented after its adoption from time to time by the governing body by an ordinance stating:

      (a) Additional powers to be exercised by the commission;

      (b) That the additional facilities, if any, to be acquired are those therein designated;

      (c) That the additional facilities of the county, jurisdiction over and responsibility for which are to be assumed by the commission, are those therein designated; and

      (d) The times at which such jurisdiction and responsibility shall be assumed by the commission on behalf of the county.

      2.  Any supplemental ordinance may diminish any powers which the commission is authorized to exercise or may take from the commission jurisdiction over and responsibility for any facilities of the county which have been previously granted to the commission.


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ê1969 Statutes of Nevada, Page 1257 (Chapter 639, AB 777)ê

 

jurisdiction over and responsibility for any facilities of the county which have been previously granted to the commission.

      Sec. 39.  Number, qualifications, appointment of commissioners.  The commission shall be:

      1.  Appointed by the governing body.

      2.  Composed of five members, one of whom shall be a member of the governing body. The remaining members shall be qualified electors of the county.

      Sec. 40.  Terms, vacancies, compensation and expenses.  1.  The terms of office of the commissioners shall be set so that there is never a termination of the terms of all members at one time; and of the first commissioners appointed, one shall hold office for 1 year, one for 2 years, one for 3 years, and two for 4 years; but the terms of office of the five commissioners so initially appointed shall end on the 16th day of January in the first year, in the second year, in the third year and (for the remaining two commissioners) in the fourth year, respectively, next following such appointments. Thereafter each successor commissioner shall be appointed in the first half of January of each year (except for any appointments to fill an unexpired term) for terms of 4 years, ending on the 16th day of January of the fourth year thereafter.

      2.  Commissioners shall hold office until their successors are appointed and qualified.

      3.  Any vacancy in the office of commissioner shall be filled for the unexpired term in the same manner as original appointments.

      4.  Commissioners shall serve without compensation but shall be entitled to the same travel expenses and subsistence allowances as county officers.

      Sec. 41.  Oaths of office of commissioners.  Within 10 days after their appointments commissioners shall qualify by taking the oath of office. No bond shall be required of them.

      Sec. 41.5.  Commission organization.  1.  Within 10 days after the initial appointments, the commissioners shall organize as the commission 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. Annually thereafter during the last half of January of each year, the commission shall reorganize by the election of new officers.

      2.  The county treasurer of the county shall be the treasurer of the commission. The treasurer shall receive and pay out all the moneys of the county under the control of the commission, as ordered by it, but shall receive no compensation for any such additional duties.

      3.  The commission shall adopt a seal.

      Sec. 42.  Meetings, records, quorum.  1.  The commission shall hold at least four meetings each year and shall keep a complete record of all its transactions.

      2.  A majority of the commissioners shall constitute a quorum for the transaction of business.

      3.  Any resolution, motion or other action shall be adopted or ordered taken by a majority of the commissioners forming a quorum.

      Sec. 43.  Powers, duties of commission.  The commission may have the following powers and duties as determined by the governing body and as set forth by it in the organizational ordinance or in any ordinance supplemental thereto:

 


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ê1969 Statutes of Nevada, Page 1258 (Chapter 639, AB 777)ê

 

as set forth by it in the organizational ordinance or in any ordinance supplemental thereto:

      1.  To determine policy in regard to the designated facilities.

      2.  To promulgate regulations governing the use of such facilities.

      3.  To prepare plans for improvements relating thereto and the development of existing facilities.

      4.  To operate and maintain existing facilities.

      5.  To fix, and from time to time increase or decrease, tolls, fees, rents, rates and other charges for services and the use or availability of such facilities.

      6.  To employ technical and clerical staff.

      7.  To prepare and submit annual budgets to the governing body.

      8.  To purchase or lease land subject to the statutes governing purchases and leases of land by the governing body.

      9.  To acquire by gift, bequest or devise any property within the county for such facilities.

      10.  To administer any trusts declared for such facilities in the county.

      11.  To enter into contracts on the behalf and in the name of the county for the construction and development of such facilities.

      12.  To expend all moneys collected to the credit of facilities under the control of the commission, but all moneys received for such facilities shall be deposited in the county treasury to the credit of the commission and paid out only upon warrants drawn by the commission upon properly authenticated vouchers of the commission after approval of the same by the county auditor.

      13.  To perform such additional duties for programs pertaining to the designated facilities as may be delegated by the governing body.

      Sec. 44.  This act being necessary to secure and preserve the public health, safety, convenience and general welfare, shall be liberally construed to effect the purposes and objects therein provided; and the rule of strict construction shall have no application thereto.

      Sec. 45.  1.  This act, without reference to other statutes of the state, except as otherwise provided in this act, in the Municipal Airports Act or in the Local Government Securities Law, shall constitute full authority for the exercise of powers therein granted concerning the borrowing of money or other incurrence of obligations to finance a project wholly or in part and the issuance of bonds or other securities to evidence such obligations.

      2.  No other act or law with regard to the authorization or issuance of securities or the exercise of any other power granted in this act that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts therein authorized to be done shall be construed as applying to any proceedings taken under this act or acts done pursuant thereto, except as in this act otherwise provided.

      3.  The provisions of no other law, either general, special or local, except as otherwise provided in this act, in the Municipal Airports Act and in the Local Government Securities Law, shall apply to the doing of the things therein authorized to be done; and no public body (excluding the municipality acting by and through the governing body) shall have authority or jurisdiction over the doing of any of the acts authorized in this act to be done except as is otherwise provided therein.


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ê1969 Statutes of Nevada, Page 1259 (Chapter 639, AB 777)ê

 

authority or jurisdiction over the doing of any of the acts authorized in this act to be done except as is otherwise provided therein.

      Sec. 46.  1.  The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law, general, special or local.

      2.  Nothing contained in this act shall be construed as preventing the exercise of any power granted to the municipality or any officer, agent or employee thereof, by any other law.

      3.  No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.

      Sec. 47.  If any provision of this act, including without limitation any provision in section 29 or 34 of this act, or the application of the act to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 48.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 640, AB 800

Assembly Bill No. 800–Committee on Government Affairs

CHAPTER 640

AN ACT relating to interstate waters; amending the California-Nevada Interstate Compact; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 2 of chapter 65, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 2.  The legislature of the State of Nevada hereby ratifies and approves the California-Nevada Interstate Compact as signed at Reno, Nevada, on July 25, 1968, by the commissioners of the State of Nevada, acting pursuant to the authority granted by the legislature of this state, and the commissioners representing the State of California, and approved by the representatives of the United States, which compact is quoted in full as follows:

 

ARTICLE I.  PURPOSES

 

      Consistent with the provisions of the authorization Acts of the State of California and the State of Nevada and the United States, the major purposes of this compact are to provide for the equitable apportionment of water between the two states; to promote interstate comity and to further intergovernmental cooperation; to protect and enhance existing economies; to remove causes of present and future controversies; to permit the orderly integrated and comprehensive development, use, conservation and control of the water within the Lake Tahoe, Truckee River, Carson River, and Walker River Basins.


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ê1969 Statutes of Nevada, Page 1260 (Chapter 640, AB 800)ê

 

further intergovernmental cooperation; to protect and enhance existing economies; to remove causes of present and future controversies; to permit the orderly integrated and comprehensive development, use, conservation and control of the water within the Lake Tahoe, Truckee River, Carson River, and Walker River Basins.

 

ARTICLE II.  DEFINITIONS

 

      A.  The terms “California” and “Nevada” shall mean respectively the State of California and the State of Nevada.

      B.  The term “commission” shall mean the administrative agency created by Article IV of this compact.

      C.  The term “Lake Tahoe Basin” shall mean the drainage area naturally tributary to Lake Tahoe including said Lake or to the Truckee River upstream from the Truckee River intersection with the western boundary of Section 12, Township 15 North, Range 16 East, Mount Diablo Base and Meridian.

      D.  The term “Truckee River Basin” shall mean the area which naturally drains into the Truckee River and its tributaries and into Pyramid Lake, excluding the Lake Tahoe Basin.

      E.  The term “Carson River Basin” shall mean the area which naturally drains into the Carson River and its tributaries and to the Carson River Sink, but excluding the Humboldt River drainage area.

      F.  The term “Walker River Basin” shall mean the area which naturally drains into the Walker River and/or Walker Lake upstream from the intersection of the river and/or lake in Mineral County, Nevada, with the northern township line of Tier 10 North, Mount Diablo Base Line.

      G.  Except as otherwise expressly provided in this compact the terms “existing”, “present”, and “presently” shall mean as of 1964.

      H.  The term “effective date of the compact” shall be the date on which the legislation provided for in Article XXII (1) and (2) shall become law.

      I.  “Measured” means the determination of the relevant amount of water in cubic feet per second or gallons per minute or acre-feet by the use of a current meter, rated weir, rated flume, pipeline water meter, computation from contour maps, or any other method which results in a reasonably accurate determination based on sound engineering practices.

 

ARTICLE III.  SOVEREIGN RELATIONSHIP

 

      A.  Each state shall have jurisdiction to determine, pursuant to its own laws, the rights to the use of waters allocated to it herein. Each state will recognize and accept applications for such permits, licenses or other permissions as are required by the law of the state where the application is filed to enable the other state to utilize water allocated to such other state. This provision shall neither require nor prohibit the United States of America from complying with provisions of state law relating to the appropriation of water allocated to the states by this compact.


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ê1969 Statutes of Nevada, Page 1261 (Chapter 640, AB 800)ê

 

      B.  Each state shall cooperate with the other in securing to each the right to fully utilize the rights and privileges granted and waters allocated to each hereunder.

      C.  The use of water by the United States of America or any of its agencies, instrumentalities or wards shall be charged as a use by the state in which the use is made.

 

ARTICLE IV.  THE CALIFORNIA-NEVADA COMPACT COMMISSION

 

      A.  Creation and Composition

      1.  There is hereby created an interstate compact commission to be designated as the California-Nevada Compact Commission herein referred to as the commission.

      2.  The commission shall consist of five members from each state and one member as representative of the United States chosen by the President of the United States who is hereby requested to appoint such a representative. The United States member shall be ex-officio chairman of the commission without vote and shall not be a domiciliary of or reside in either state.

      (a) The California members of the commission shall consist of the Director of the Department of Water Resources of the State of California, and four (4) members appointed by the Governor of California, all of whom shall be residents of the State of California. One of the four members so appointed shall be a resident of the Lake Tahoe Basin, one shall be a resident of the Truckee River Basin, one shall be a resident of the Walker River Basin and one shall be a resident of the Carson River Basin.

      (b) The Nevada members of the commission shall consist of the State Engineer of the State of Nevada (who additionally shall represent all Nevada areas not otherwise represented as herein provided), and four (4) members appointed by the Governor of Nevada, each of whom shall be a resident of the State of Nevada and represent a specific area therein as below defined, provided that the Governor shall not appoint any person a member of such commission if he determines that such person has a conflicting interest in California. One of the four members so appointed shall be a resident real property owner within and represent the Reno-Sparks metropolitan area (including adjacent agricultural area) and be fully qualified by knowledge and experience in connection with the water requirements and supply for such area; the other three members so appointed shall be representative of the common interests and goals of all water users of the area and each shall have broad practical experience in water management, and one shall be a resident real property owner within and represent the Walker River Basin in Nevada, another shall be a resident real property owner within and represent the Carson River Basin in Nevada upstream from Lahontan Reservoir, and the third shall be a resident real property owner within and represent the area within the Truckee-Carson Irrigation District in Nevada.

      3.  The term of office of the four members of the commission appointed by each Governor shall be four (4) years. The Governor of each state, upon appointment of the first members of the commission, shall designate one member of the commission to serve for a period of one year, one member to serve for a period of two years, one member to serve for a period of three years, and one member to serve for a period of four years.


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ê1969 Statutes of Nevada, Page 1262 (Chapter 640, AB 800)ê

 

upon appointment of the first members of the commission, shall designate one member of the commission to serve for a period of one year, one member to serve for a period of two years, one member to serve for a period of three years, and one member to serve for a period of four years. Thereafter, members shall be appointed for the regular term of four years as the terms expire.

      4.  Interim vacancy, for whatever cause, in the office of any member of the commission shall be filled for the unexpired term in the same manner as hereinabove provided for regular appointment.

      5.  The appointed members of the California-Nevada Compact Commission shall be designated within ninety (90) days after the effective date of the compact. Within thirty (30) days after such members have been appointed and the federal representative designated, the commission shall meet and organize.

      B.  Finances

      1.  The salaries and the personal expenses of each member of the commission shall be paid by the government he represents. All other expenses which are incurred by the commission incident to the administration of this compact and which are not paid by the United States or by other funds received by the commission shall be borne equally by the two states.

      2.  The commission shall adopt a budget covering the commission’s estimate of its expenses for each of the following two fiscal years: Provided, that whenever the legislatures of both states appropriate funds on an annual basis the commission shall submit its budget on such annual basis. The commission shall submit said budget to the Governors of the two states for joint review and approval and to the President of the United States at the earliest date prescribed by the two states for submission of proposed budgets. Each state shall appropriate one-half of the funds necessary to meet said budget requirements, which appropriations shall be made available to the commission as of July 1 of each fiscal year for such fiscal year’s operations. All unexpended and unencumbered funds from such appropriations shall be returned by the commission in equal proportions to the states to the credit of the state fund from which said appropriation was made. All receipts and disbursements of funds handled by the commission shall be subject to a joint audit by the states and the report of said audit shall be included, and become a part of the annual report of the commission.

      3.  The commission shall not pledge the credit of any government except by and with the authority of the legislative body thereof given pursuant to and in keeping with the constitution of said government. The commission shall not incur any obligations prior to the availability of funds adequate to meet the same.

      4.  The commission shall make and transmit to the Legislature and Governor of each state and to the President of the United States an annual report covering the finances and activities of the commission and embodying such plans, recommendations and findings as may have been adopted by the commission.

      C.  Meetings and Voting

      1.  A quorum for any meeting of the commission shall consist of six members of the commission, provided that at least three members are present from each state.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1263 (Chapter 640, AB 800)ê

 

members of the commission, provided that at least three members are present from each state.

      2.  All meetings of the commission for the consideration of and action on any matters coming before the commission, except matters involving the management of internal affairs of the commission and its staff, or involving litigation in which the commission is a party, shall be open to the public. Matters coming within the exception of this paragraph may be considered and acted upon by the commission in executive session under such rules and regulations as the commission may see fit to establish.

      3.  Each state shall have but one vote and every decision, authorization, determination, order or other action shall require the concurring votes of both states, provided that no state shall vote on any action without the concurring vote of not less than three members of the commission from such state.

      D.  General Powers

      The commission shall have power to:

      1.  Adopt, amend and revoke by-laws, rules and regulations and prescribe procedures for administration of the provisions of this compact.

      2.  Establish such offices as it deems necessary, and acquire and hold property either by purchase, lease or otherwise as may be necessary for the performance of its functions under this compact.

      3.  Employ engineering, legal, clerical and other aid as in its judgment may be necessary for the performance of its functions. Such employees shall be paid by and be responsible to the commission and shall not be considered to be employees of either state. The commission may establish workmen’s compensation benefits directly or by insurance. The commission is authorized to contribute to the cost of health and accident insurance for its employees to the same extent as either state contributes to the cost of such insurance for its employees.

      4.  Perform all functions required of it by this compact and to do all things necessary, proper or convenient in the performance of its duties hereunder, either independently or in cooperation with any state, federal or local agency or other entity or person.

      5.  Make such findings as are pertinent to this compact including but not limited to findings as to the quantities of water being used in either state, the amount of water available for use pursuant to the allocations made herein, and each state’s share of the waters allocated.

      6.  Install and maintain measuring devices of a type or types approved by the commission in any stream, lake, reservoir, ditch, pumping station or other diversion works on the Truckee, Carson or Walker Rivers or on Lake Tahoe, or on waters tributary thereto, or to require water users at their expense to install and maintain measuring devices, as the commission may determine necessary or proper to carry out the purposes or provisions of this compact. The execution and enforcement of such requirements concerning such measuring devices as shall be enacted by the commission shall be accomplished by the commission directly, or by such federal, state, local or other official or person as the commission may delegate, or by any other agency responsible to or representing a federal court.


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ê1969 Statutes of Nevada, Page 1264 (Chapter 640, AB 800)ê

 

      7.  Accept gifts of money or real property or anything of value.

      8.  Appoint a hearing examiner or examiners who may be members of the commission to conduct hearings and to make recommendations to the commission on any matter requiring a hearing and decision by the commission.

      9.  Obtain a right of access to all properties in the Lake Tahoe, Truckee River, Carson River and Walker River Basins whenever necessary for the purpose of administration of this compact. The commission may obtain a court order to enforce this right of access.

      10.  Take such action as it deems appropriate for the enforcement of the provisions of this compact.

      11.  Administer oaths or affirmations and to compel the attendance of witnesses and the production of documents by the use of subpoena which may be served anywhere within the territorial limits of the United States; said power to administer oaths and affirmations and to compel the attendance of witnesses and the production of documents by the use of subpoena may also be exercised by any hearing examiner appointed as provided in Subsection 8 of this Section D.

      12.  Contract with the appropriate agency of either state, including the retirement system, to provide retirement and other benefits to commission employees.

      E.  Whenever the public health or welfare is endangered, the commission may declare the existence of an emergency and, in such event, shall designate the location, nature, cause, area, extent and duration thereof. In the event of an emergency so declared, the commission may, with respect to all matters covered by this compact, do all things necessary, proper or convenient independently or in cooperation with any other agency, person, or entity, to initiate, carry on, and complete any and all remedial measures required to meet said emergency including the adoption and enforcement of any regulations and restrictions necessary for such purpose.

 

ARTICLE V.  LAKE TAHOE BASIN

 

      A.  The right of the United States or its agent to store waters in Lake Tahoe between elevations 6223.0 and 6229.1 feet (Lake Tahoe Datum) and to release said stored waters for beneficial uses downstream from Lake Tahoe Basin is hereby ratified and confirmed subject to the rights granted in Section D of this Article.

      B.  It is agreed by the states subject to the consent of the head of the federal agency having jurisdiction thereof, that an overflow weir of approximately 140 feet in length with a crest elevation of 6223.0 feet, Lake Tahoe Datum, upstream from the Lake Tahoe outlet gates shall be constructed and installed with necessary channel improvements within four years from the effective date of this compact provided that should the commission decide that it is in the best interests of each of the two states, it may extend such period for such additional period or periods as it may deem reasonable. The cost of this installation shall be borne by the States of California and Nevada in equal amounts. As used herein, Lake Tahoe Datum shall be measured with respect to the top surface of the hexagonal brass bolt 7/8 inch in diameter, projecting one inch from the vertical face of the southerly concrete abutment wall of the present existing Lake Tahoe dam, at approximately 3.2 feet below the top of the wall and approximately in line with the upstream ends of the cutwaters of the concrete piers between the sluiceways of the dam.


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ê1969 Statutes of Nevada, Page 1265 (Chapter 640, AB 800)ê

 

Datum shall be measured with respect to the top surface of the hexagonal brass bolt 7/8 inch in diameter, projecting one inch from the vertical face of the southerly concrete abutment wall of the present existing Lake Tahoe dam, at approximately 3.2 feet below the top of the wall and approximately in line with the upstream ends of the cutwaters of the concrete piers between the sluiceways of the dam. This surface of the brass bolt is presumed for the purposes of the compact to have an elevation 6230.0 feet Lake Tahoe Datum, notwithstanding that it was determined by the U.S. Geological Survey on November 15, 1960, to be at an elevation of 6228.86 feet above sea level datum of 1929.

      C.  The storage rights in Lake Tahoe shall be operated alone or in conjunction with other reservoirs so as to minimize the period and duration of high and low water elevations in Lake Tahoe, provided that exchanges of water or releases between Lake Tahoe and other reservoirs shall not measurably impair the intended purpose of such reservoirs.

      D.  Upon construction of the overflow weir provided for in Section B of this Article, the total annual gross diversions for use within the Lake Tahoe Basin from all natural sources and under all water rights in said basin shall not exceed 34,000 acre-feet annually, of which 23,000 acre-feet annually is allocated to the State of California for use within said Basin, and 11,000 acre-feet annually is allocated to the State of Nevada for use within said Basin. After use of the water allocated herein, neither export of the water from the Lake Tahoe Basin nor the reuse thereof prior to its return to the Lake is prohibited. This allocation is conditioned upon the construction of the overflow weir; however, it is recognized that there may well be a period of time between the effective date of the compact and the construction of the overflow weir; during that period of time both states shall be permitted to use waters within the Lake Tahoe Basin subject to the same conditions, both as to place of use and amounts of use, as are provided in this Article V.

      E.  In addition to the other allocations made by this compact, transbasin diversions from the Lake Tahoe Basin in both states existing as of December 31, 1959, may be continued, to the extent that such diversions are recognized as vested rights under the laws of the state where each such diversion is made.

      The diversion of a maximum of 3,000 acre-feet per annum from Marlette Lake for use in Nevada is hereby recognized as an existing transbasin diversion within the meaning of this Section E.

      F.  Pumping from Lake Tahoe Basin for the benefit of downstream users within the Truckee River Basin shall be permitted only in the event of a drouth emergency as declared by the commission to the extent required for domestic, municipal, and sanitary purposes, and when it is determined by the commission that all other water available for such uses is being so utilized. In the event of such declaration of emergency, use of this water for such purposes shall have priority over use of water for any other purpose downstream from Lake Tahoe Basin. Pumping shall be done under the control and supervision of the commission and water pumped shall not be charged to the allocation of water to the Lake Tahoe Basin made herein.


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ê1969 Statutes of Nevada, Page 1266 (Chapter 640, AB 800)ê

 

ARTICLE VI.  TRUCKEE RIVER BASIN

 

      The following allocations of water of the Truckee River and its tributaries, including Lake Tahoe releases, are hereby made in the following order of relative priority as between the states:

      A.  There is allocated to Nevada water for use on the Pyramid Lake Indian Reservation in amounts as provided in the 1944 Truckee River Decree (Final Decree in United States vs. Orr Ditch Company, et al. United States District Court for the District of Nevada, Equity No. A3). By appropriate court order, the United States, for and in behalf of the Pyramid Lake Indians shall have the right to change points of diversion, place, means, manner, or purpose of use of the water so allocated so far as such change may be made without injury to the allocations to either state.

      B.  There is allocated to California:

      1.  The right to divert within the Truckee River Basin in California 10,000 acre-feet of water per calendar year which may be stored in reservoirs at times when the flow in the channel of the Truckee River at the United States Geological Survey Gauging Station at or near the California-Nevada state line exceeds 500 cubic feet per second; provided that such diversions shall not in the aggregate exceed 2,500 acre-feet in any calendar month and the amount of such storage in any one reservoir, except Donner Lake, shall not exceed 500 acre-feet of active storage capacity.

      2.  The amount of water as decreed to the Sierra Valley Water Company by judgment in the case of United States vs. Sierra Valley Water Company, United States District Court for the Northern District of California, Civil No. 5597, as limited by said judgment.

      3.  Six thousand acre-feet of water annually from the conservation yield of Stampede Reservoir having a storage capacity of 225,000 acre-feet, subject to the execution of a contract or contracts therefor with the United States of America. California may divert all or any portion of said 6,000 acre-feet of conservation yield from Stampede Reservoir directly or by exchanges from any source on the Truckee River or its tributaries or from Lake Tahoe. California shall be allowed to deplete this allocation provided that in ascertaining the amount of depletion, credit for return flow shall be limited to the amounts of water which can be measured as a contribution to the Truckee River system.

      4.  If and when the water allocated to California in subparagraphs 1 and 3 of this Section and in Article V is being used, or such use appears imminent, the commission shall permit California to develop additional yields of water for use in California, either directly or by exchange subject to the following limitations:

      (a) All existing beneficial uses of water in Nevada as determined by Nevada law as of that time together with the yield of Stampede Reservoir in excess of 6,000 acre-feet shall be recognized and not impaired by the development of such additional yield; provided however, that the maximum amount of water to be recognized as an existing beneficial use of water in Nevada for the Pyramid Lake Indian Reservation shall be as allocated by Section A of this Article together with any additional water used for domestic or municipal purposes on said reservation; provided further however, that the water allocated in Section A of this Article must first be put to beneficial use before any credit will be given for said additional waters to be used for domestic or municipal purposes.


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ê1969 Statutes of Nevada, Page 1267 (Chapter 640, AB 800)ê

 

must first be put to beneficial use before any credit will be given for said additional waters to be used for domestic or municipal purposes.

      (b) The right of the commission to permit Nevada to share in such additional yield upon participation by Nevada in bearing a proportionate cost of developing such additional yield.

      C.  The right to store in Prosser Creek Reservoir a maximum of 30,000 acre-feet of water annually with the priority as set forth in California State Water Rights permit 11666 and to release water therefrom as set forth in said permit and any license which may be issued thereunder is hereby recognized and confirmed.

      D.  There is allocated to Nevada all water in excess of the allocations made in Sections B and C of this Article.

 

ARTICLE VII.  CARSON RIVER BASIN

 

      The following allocations of water of the Carson River and tributaries are hereby made in the following order of priority as between States:

      A.  There is allocated to the State of California:

      1.  The right to divert from the natural flow of the West Fork Carson River and its tributaries for existing nonirrigation uses, and for direct irrigation use commencing on March 15 and ending on October 31 of each year on presently irrigable lands determined to be approximately 5,600 acres, an aggregate flow of water equal to a thirty-day average of 3 c.f.s. per 100 acres or 168 c.f.s. for the area as a whole; provided that the 3 c.f.s. per 100 acre limitation shall not prevent greater rates of diversion for those areas which have an established greater rate of use; provided further, however, that the maximum aggregate diversion shall not exceed 185 c.f.s. measured at the points of diversion.

      Provided, however, diversions for use downstream from the western boundary of Section 34, Township 11 North, Range 19 East, Mount Diablo Base and Meridian, shall be subject to the following limitations:

      (a) Whenever, after the first Monday in May or any day in that week or alternate weeks thereafter of any year the flow of the West Fork of the Carson River at said western boundary shall have fallen below 175 cubic feet per second, then, until October 31 next, water users in California who divert from the West Fork of the Carson River downstream from said western boundary shall rotate all or any portion of the natural flow of the West Fork of the Carson River necessary to satisfy the demand of Nevada lands with water users in Nevada every other week beginning with the week following that in which water is used in Nevada, and during each rotation period said California users shall be entitled to divert the natural flow of the West Fork of the Carson River during their rotation weeks.

      (b) Rotation between water users in California and Nevada on the West Fork of the Carson River may be terminated in whole or in part upon approval of the commission for such termination, upon provision being made so that sufficient water is available by storage or exchange to assure that the water users in Nevada will receive at the same time the flow of water which would have been available to the Nevada water users under rotation.


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ê1969 Statutes of Nevada, Page 1268 (Chapter 640, AB 800)ê

 

      (c) Stockwater, domestic water, and water for fire protection purposes may be diverted downstream from said western boundary from the natural flow of the West Fork of the Carson River at all times by owners of irrigation water rights in California whose lands are contiguous to the West Fork of the Carson River; provided, however, that such diversion shall be limited to the amounts actually required to deliver water for such purposes, and any excess over the amount so diverted shall be returned to the West Fork of the Carson River whenever practicable. Water diverted under this provision shall not be converted to any other use. The commission or its designee shall rule on any challenge relative to the necessity and amount of water required for such purposes.

      2.  The right to divert from the natural flow of the East Fork Carson River and its tributaries for existing nonirrigation uses, and for direct irrigation use commencing on March 15 and ending on October 31 of each year on presently irrigable lands determined to be approximately 3,820 acres, an aggregate flow of water equal to a thirty day average of 3 c.f.s. per 100 acres or 115 c.f.s. for the area as a whole; provided that the 3 c.f.s. per 100 acre limitation shall not prevent greater rates of diversion for those areas which have an established greater rate of use; provided further, however, that the maximum aggregate diversion shall not exceed 115 c.f.s. measured at the points of diversion.

      3.  There is allocated to the State of California the right to store 2,000 acre-feet of water per annum within Alpine County for supplemental use on presently irrigated lands within said county adverse to Lahontan Reservoir but subject to all other existing uses in Nevada. Water stored pursuant to this section remaining at the end of the year shall be deemed to have been stored in the succeeding year.

      B.  There is allocated to the State of Nevada:

      1.  The right to divert water from the natural flow of the Carson River and its tributaries during the period commencing March 15 and ending October 31 of each year at the rate of 3 c.f.s. per 100 acres for use on presently irrigated lands in the area above Lahontan Reservoir determined to be approximately 41,320 acres. The rate of 3 c.f.s. per 100 acres is based on a 30-day average for the area as a whole and shall not prevent greater rates of diversion for those areas that have an established greater use; provided that the aggregate diversion measured at the points of diversion shall not exceed 700 c.f.s. on the East Fork of the Carson River, 300 c.f.s. on the West Fork of the Carson River, and 220 c.f.s. on the Main Carson River below the confluence of the East and West Forks.

      The combining and exchanging of the use of water between ditches and among users shall be permitted at all times and shall be required whenever necessary in order to obtain reasonable economy in the use of the water of the river or other streams, or in order to give to each ditch or user a more advantageous irrigation head.

      2.  Subject to allocations made in Subsection B.1 and Section C of this Article, the right to divert water from the Carson River for irrigation use either by direct diversion or by storage in Lahontan Reservoir or other existing reservoirs for use on the Newlands Project.

      C.  There is allocated to each state the right to store water in existing reservoirs upstream from Lahontan Reservoir to the extent of existing capacity with the appropriate priority with respect to natural flow rights upstream from Lahontan Reservoir under applicable state law, and use such stored waters on the lands in each state to which the storage is appurtenant.


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ê1969 Statutes of Nevada, Page 1269 (Chapter 640, AB 800)ê

 

capacity with the appropriate priority with respect to natural flow rights upstream from Lahontan Reservoir under applicable state law, and use such stored waters on the lands in each state to which the storage is appurtenant.

      D.  Present uses of water on National Forest Lands in the Toiyabe National Forest by or under the authority of the United States are hereby confirmed and shall be recognized by both states, with such priority as may be appropriate.

      E.  Additional yields shall be available for development under the currently authorized Washoe Project from water available in excess of existing beneficial uses recognized by Nevada Law, or under other new projects upon a determination by the commission that there is water available on the Carson River and its tributaries in excess of that required to satisfy existing beneficial uses in Nevada as determined by Nevada Law as of the time of authorization or construction of such new projects. Such additional yields shall be allocated between the states with equal priority, 20 percent of which shall be allocated to California and 80 percent to Nevada.

      Each state shall have the right to participate in any development project by bearing a proportionate cost of such development. In the event that joint developments are found to be not feasible or desirable, each state may develop separately its proportionate share of the remaining water.

      F.  Except as provided by Article X of this compact, the waters of the Carson River shall not be used in areas outside the Carson River Basin.

 

ARTICLE VIII.  WALKER RIVER BASIN

 

      A.  Allocations To Present Rights and Uses

      1.  Except as the rights of the Walker River Irrigation District may be limited by subsections 2 and 3 below, the provisions of the Decree in the case of United States v. Walker River Irrigation District, et al., United States District Court for the District of Nevada Equity No. C-125, filed April 15, 1936, as amended by the Order of the Honorable A. F. St. Sure, dated April 24, 1940, hereafter called Decree C-125 are hereby recognized and confirmed.

      2.  The rights of the Walker River Irrigation District to store water of the West Walker River in Topaz Reservoir with a storage capacity of 59,000 acre-feet, under part VIII of Decree C-125 and under any other basis of right, and to use such water, are hereby recognized and confirmed, subject to the following:

      (a) The maximum quantity of water which can be diverted annually to storage is 85,000 acre-feet. No more than 85,000 acre-feet of water less reservoir evaporation can be rediverted for use within the district annually. The 85,000 acre-feet amount so allowed to be diverted to storage and rediverted to use include water used under direct diversion rights in Decree C-125 acquired by said district prior to 1964.  For the purpose of this provision “annually” means the period from November 1 through October 31 of the following year.

      (b) The maximum rate of diversion to such reservoir under such rights is 1,000 c.f.s.

      (c) For the purpose of determining the availability of water to satisfy rights junior to the Topaz Reservoir storage rights of the Walker River Irrigation District, or for division between the states as unused water, water which has been stored, or is available for storage in and can be physically diverted to such reservoir under such reservoir rights but is released or is allowed to pass through the reservoir and is not rediverted to use in Nevada, shall be deemed to have been held in storage; provided, that until a new major storage project is constructed on the West Walker River, the foregoing shall not apply to the extent that said district with the concurrence of the watermaster determines, prior to the release or passing through of such water from Topaz Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Topaz Reservoir as a means of protecting lands in Nevada against flood damage later in the year.


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ê1969 Statutes of Nevada, Page 1270 (Chapter 640, AB 800)ê

 

rights junior to the Topaz Reservoir storage rights of the Walker River Irrigation District, or for division between the states as unused water, water which has been stored, or is available for storage in and can be physically diverted to such reservoir under such reservoir rights but is released or is allowed to pass through the reservoir and is not rediverted to use in Nevada, shall be deemed to have been held in storage; provided, that until a new major storage project is constructed on the West Walker River, the foregoing shall not apply to the extent that said district with the concurrence of the watermaster determines, prior to the release or passing through of such water from Topaz Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Topaz Reservoir as a means of protecting lands in Nevada against flood damage later in the year.

      3.  The rights of the Walker River Irrigation District to store water of the East Walker River in Bridgeport Reservoir with a storage capacity of 42,000 acre-feet, under part VIII of Decree C-125 and under any other basis of right, and to use such water, are hereby recognized and confirmed, subject to the following:

      (a) The maximum quantity of water which can be diverted to storage in any year is 57,000 acre-feet. No more than 57,000 acre-feet of water less reservoir evaporation can be rediverted for use within the district in any year. The 57,000 acre-feet amounts so allowed to be diverted to storage and rediverted to use include water used under direct diversion rights in said decree acquired by said district prior to 1964 except for water used under such rights prior to 1964 on lands owned by said district in Bridgeport Valley. For the purpose of this provision “year” means the period from November 1 of one calendar year to October 31 of the following calendar year.

      (b) Water of the East Walker River and its tributaries may, adversely to the Bridgeport Reservoir storage rights hereinabove recognized and confirmed, be stored upstream from said reservoir in any year, for later use after the spring flood of the year in which the water was so stored, under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.

      4.  (a) There is allocated to each state respectively the amount of existing diversions and uses of water of the Walker River Basin diverted upstream from Weber Reservoir and not specifically covered in Decree C-125, provided, that this allocation shall not include water distributed under the historical administration of Decree C-125 in excess of the rights set forth in Decree C-125 to lands having rights thereunder. In making this allocation, it is recognized that the amounts of water allocated and the respective priorities are not presently known with certainty. The commission shall as soon as practicable after its effectuation provide for an investigation, either with its own staff or by other agencies or persons, to ascertain with certainty the amounts of water and priorities of such uses.


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ê1969 Statutes of Nevada, Page 1271 (Chapter 640, AB 800)ê

 

uses. As between the respective states, the priorities shall be determined as follows: In cases of use not under state-recognized rights, the priorities shall be the date of initiation of use; in cases of use under state-recognized rights, the priorities shall be as provided under the law of the state where the diversion is made. Upon approval by the commission, the results of the investigation shall be binding as to the allocation to each state hereunder.

      (b) In addition to rights recognized in Subsection A.1 of this Article there is allocated to Nevada for use on the Walker River Indian Reservation a maximum of 13,000 acre-feet per year for storage in Weber Reservoir and later rediversion to use and in addition 9,450 acre-feet per year to be diverted from natural flow. Both allocations shall have a priority of 1933. The season for diversion of water to storage shall be from November 1 to October 31 of the following year. The season for diversion of water directly for use shall be from March 1 to October 31 and at a maximum rate of 60 cubic feet per second. For the purpose of determining the availability of water to satisfy rights junior to this allocation or for division between the states as unused water, water which has been stored, or which can be physically stored or diverted to use under this allocation but is released or is allowed to pass through Weber Reservoir and is not rediverted to use on the Walker River Indian Reservation, shall be deemed to have been held in storage or used; provided, that the foregoing shall not apply to the extent that the appropriate representative of said reservation with the concurrence of the watermaster determines prior to the release or passing through of such water from Weber Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Weber Reservoir as a means of protecting lands in Nevada against flood damage later in the year; provided, further, that the foregoing shall not apply to passage of water of inferior quality to the extent that such passage may be necessary to maintain the water of suitable quality for irrigation on said reservation as determined by the commission.

      Water of the Walker River and its tributaries may, adversely to the Weber Reservoir storage rights hereinabove recognized and confirmed, be stored upstream from said reservoir in any year, for later use after the spring flood of the year in which the water was so stored, under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.

      5.  In addition to rights recognized in Subsections A.1 and A.4 (a) above, there is allocated to California water of the West Walker River as follows:

      (a) When all direct diversion rights under Decree C-125 are being satisfied and simultaneously water of the West Walker River is being diverted to storage pursuant to the Topaz Reservoir storage rights recognized and confirmed in Subsection 2 of this Section A, but there is not flow in excess of that required to fully satisfy Topaz Reservoir storage rights, diversions in Antelope Valley in excess of the amounts to which Antelope Valley lands are entitled under Decree C-125 shall be permitted by the watermaster for such periods and in such amounts as, in the sound professional judgment of the watermaster, will not cause, on an overall irrigation season basis, any discernible net reduction in the amount of water available to satisfy said Topaz Reservoir storage rights.


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ê1969 Statutes of Nevada, Page 1272 (Chapter 640, AB 800)ê

 

flow in excess of that required to fully satisfy Topaz Reservoir storage rights, diversions in Antelope Valley in excess of the amounts to which Antelope Valley lands are entitled under Decree C-125 shall be permitted by the watermaster for such periods and in such amounts as, in the sound professional judgment of the watermaster, will not cause, on an overall irrigation season basis, any discernible net reduction in the amount of water available to satisfy said Topaz Reservoir storage rights.

      (b) Such excess diversions may be used only on Antelope Valley lands entitled to water under Decree C-125 which can be served from the ditch systems existing as of the effective date of this compact.

      (c) The allocation in this Subsection 5 shall terminate after construction of a new major storage project on the West Walker River upstream from Antelope Valley.

      B.  Allocation of Unused Water.

      1.  The term “unused water” includes all waters of the Walker River and its tributaries in excess of the amounts allocated, or required for satisfaction of rights and uses recognized and confirmed, as provided under Section A of this Article VIII, except that there shall be excluded therefrom natural flow which is not physically available above the head of Mason Valley. There is allocated to the State of California 35 percent of such unused water, and there is allocated to the State of Nevada 65 percent of such unused water. The allocation to each state provided herein in this Subsection B.1 shall be equal in priority.

      (a) The reregulation by storage of waters allocated for storage shall not be considered as the development of “unused water”.

      2.  Neither state shall be precluded from constructing works for the control, use and development of the water allocated pursuant to Subsection B.1 of this Article for optimum use of water.

      3.  While separate development may be undertaken by either state for surface storage of unused water of the West Walker River so allocated, the State Engineer of the State of Nevada and the Department of Water Resources of the State of California shall cooperate in a joint review of all potential developments of unused water of the West Walker River so allocated in Subsection B.1 of this Article VIII and shall prepare and present a report of the benefits to be obtained, and other relevant data from each such development to the commission or if the commission has not yet become operative, to the joint commission which negotiated this compact, at a public hearing or hearings held at times and places within the Walker River Basin set by the commission or said joint commission. Said report shall be submitted not later than July 1, 1969.

      (a) Should a separate surface storage project or projects be constructed in Nevada to develop Nevada’s share of the unused water of the West Walker River, California may thereafter store and use said unused water allocated to Nevada adverse to such Nevada storage projects, provided that, without charge to Nevada, California makes available for consumptive use in Nevada, water in the same amounts, at the same times, and in the same places as would have been available for use in Nevada from such Nevada storage projects had California not so stored and used said unused water allocated to Nevada; and provided further that Nevada shall not be deprived of water required for: (1) maintenance of a minimum reservoir level for the preservation of fish life and (2) nonconsumptive uses which are found by the commission to be in the public interest of the Walker River Basin as a whole.


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ê1969 Statutes of Nevada, Page 1273 (Chapter 640, AB 800)ê

 

that Nevada shall not be deprived of water required for: (1) maintenance of a minimum reservoir level for the preservation of fish life and (2) nonconsumptive uses which are found by the commission to be in the public interest of the Walker River Basin as a whole.

      (b) From time to time after construction of each surface storage project upstream from Topaz Reservoir, for development of the unused water allocated herein, the commission shall determine the amounts of water which may be diverted and used in each state pursuant to its allocation as the result of the construction and operation of such project. In making such determination the commission shall compute any increase of yield of previously constructed reservoirs which may result from operation of such project constructed to develop unused water and shall include such increase in the amounts of water which may be diverted and used in each of the two states pursuant to its allocation of unused water.

      4.  Return flow to the Walker River or its tributaries from any source shall be deemed to be natural flow.

      5.  Unused water shall be used only:

      (a) Within the Walker River Basin;

      (b) Within the portion of Artesia Lake Basin south of the northern township line of Tier 12 North and west of a line one mile east of the eastern Range Line of Range 23 East, Mount Diablo Base Line and Meridian;

      (c) Within the portion of Mason Valley and Adrian Valley south of the northern township line of Tier 15 North, Mount Diablo Base Line;

      (d) Within the area tributary to Topaz Lake; or

      (e) Any combination of the above areas.

      C.  Watermaster

      1.  A single watermaster shall have the responsibility and power to administer: (a) all rights and uses of water of the Walker River Basin recognized in Section A of this Article VIII, including rights under Decree C-125, (b) the allocation between the states provided for in this compact of water of the Walker River Basin in excess of that necessary to satisfy such rights and uses, and (c) all rights acquired to use water so allocated.

      2.  The watermaster shall be nominated by the commission as soon as practicable after this compact goes into effect, but his appointment shall not become effective until approved and confirmed by the Federal District Court for the District of Nevada, it being the intent of this compact that only a person satisfactory to both the commission and said court be the watermaster under this compact and under Decree C-125. At any time either the commission or said court may terminate the appointment of the person serving as watermaster by adopting an appropriate resolution or order, and notifying the other and the watermaster thereof. When a vacancy occurs by such action or by the death or resignation of the person serving as watermaster, a successor shall be selected by the same procedure as provided for the original appointment.

      3.  Until appointment of the watermaster becomes effective by approval and confirmation of said court, either as to the original selection of the watermaster or subsequent selections to fill a vacancy, a person designated by the commission shall have interim responsibility and power to administer the allocation between the states referred to in Subsection 1(b) above and all rights and uses other than the rights under Decree C-125, and the rights and uses under Decree C-125 shall be administered on an interim basis as may be provided by said court.


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ê1969 Statutes of Nevada, Page 1274 (Chapter 640, AB 800)ê

 

of the watermaster or subsequent selections to fill a vacancy, a person designated by the commission shall have interim responsibility and power to administer the allocation between the states referred to in Subsection 1(b) above and all rights and uses other than the rights under Decree C-125, and the rights and uses under Decree C-125 shall be administered on an interim basis as may be provided by said court.

      4.  Actions and decisions of the watermaster as to the administration of the rights under Decree C-125 shall be subject to review and modification by said court. Actions and decisions of the watermaster as to the administration of the allocation between the states referred to in Subsection 1(b) above and of all rights and uses other than rights under Decree C-125 shall be subject to review and modification by the commission.

      5.  Said court is requested to appoint a six-member advisory board composed of one person each representing: (1) the East Walker River Basin in California, (2) the West Walker River Basin in California, (3) the East Walker River Basin in Nevada, (4) the West Walker River Basin in Nevada, (5) the Main Walker River Basin in Nevada, and (6) the Walker River Indian Reservation. The watermaster shall prepare an annual budget of proposed expenditures for personnel, equipment, supplies, and other purposes deemed by him to be necessary to carry out his functions. In the formulation of said budget the watermaster shall consult with said advisory board. In the event that said advisory board is not in agreement with the budget proposed by the watermaster, it shall so advise said court. Said budget shall require approval of both the commission and said court to become effective.

      6.  The expenditures attributable to administration of the rights under Decree C-125 shall be apportioned and collected in accordance with orders of said court. The expenditures attributable to administration of all other rights and uses of the water of the Walker River Basin under this compact shall be equitably apportioned among, and collected from, the users thereof by the watermaster under rules and regulations of the commission, and the commission shall have the power to enforce collection thereof by any reasonable means, including court action in any state or federal court of appropriate jurisdiction. The expenditures attributable to administering the allocation between the states referred to in Subsection 1(b) above shall be borne by the commission as part of the expense under Article IV, Subsection B.1 of this compact.

 

ARTICLE IX.  GROUND WATER AND SPRINGS

 

      A.  Development and Use of Ground Water

      1.  Both states shall have the right to develop and use ground water within their respective boundaries; provided that development and use of ground water in one state shall not reduce the amount of water which the other state would have received under the allocation herein if ground water were not developed and used.

      2.  In the development and use of ground water pursuant to this article, wells or other methods of collecting underground water shall be constructed in a manner which will assure that water will not be drawn directly from allocated surface water. In the absence of proof to the contrary made to the commission, wells drilled within 500 feet from any perennial streams which are not sealed from the surface to a depth of at least 50 feet shall be deemed prima facie to draw directly from allocated surface water.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1275 (Chapter 640, AB 800)ê

 

perennial streams which are not sealed from the surface to a depth of at least 50 feet shall be deemed prima facie to draw directly from allocated surface water.

      B.  Each state shall have the right to use water from springs; provided that the use of water from springs in one state shall not reduce the amount of water which the other state would have received under the allocations herein if water from springs were not used.

      C.  Effect on Allocations

      1.  The commission shall have authority to take such action as it deems appropriate, so that the allocations of water made by this compact to either state shall not be adversely affected by ground water withdrawals or use of water from springs in the other state.

      2.  If either state claims that the development and use of ground water or water from springs in the other state reduces the amount of water which said state would have received under its allocation if such ground water or water from springs were not developed and used, it may file a protest with the commission in accordance with the rules of the commission. The commission is empowered to receive evidence on any protest and make its ruling thereon.

 

ARTICLE X.  INTERBASIN TRANSFERS OF USE

 

      Either state may use directly, by exchange, or otherwise its allocated waters of the Truckee River in the Lake Tahoe Basin or the Carson River Basin, or its allocated waters of the Carson River in the Lake Tahoe Basin or the Truckee River Basin. The commission shall have authority to take such action as it deems appropriate so that the allocations of water made by this compact to either state shall not be adversely affected by such use in the other state.

      Nothing herein shall preclude the use of Lake Tahoe as a physical facility to accomplish the use of Truckee River waters in the Carson River watershed or Carson River waters in the Truckee River watershed, but in no event shall the use of Lake Tahoe as such a physical facility be inconsistent with any provision of Article V of the compact.

 

ARTICLE XI.  SUPPRESSION OF EVAPORATION

 

      A.  Either state is entitled, but not obligated to participate in any project for the conservation of water through the suppression of evaporation. The yield of any such project shall be allocated to each state by the commission in such proportion as shall be determined by the commission, taking into consideration such factors as the commission deems pertinent. Such allocation of yield to each state shall be in addition to the waters allocated to each state by other provisions of this compact.

      B.  Subject to the power of the commission to allocate the increased yield resulting from suppression of evaporation as set forth above, no existing property right shall be adversely affected except by agreement with the owner, or as may be otherwise permitted by state law. Nothing herein shall diminish or supersede any law of either state regarding water quality, including but not limited to conditions affecting fish and wildlife.


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ê1969 Statutes of Nevada, Page 1276 (Chapter 640, AB 800)ê

 

ARTICLE XII.  COORDINATION OF RESERVOIRS

 

      A.  The commission shall have the authority to prepare plans for the coordination of reservoirs and the method of implementation of any such plans prepared, and to approve the same and to review and revise such approved plans from time to time as the commission may deem appropriate. Prior to the preparation of any such plan and implementation or review or revision thereof, the owners of all reservoirs to be affected thereby shall be given the opportunity of participating in such preparation, review, or revision.

      B.  Prior to the approval thereof, the commission shall provide for public hearings concerning such a plan, review, or revision upon such notice as the commission deems appropriate.

      C.  Any owner of a reservoir shall have the right to refuse to participate in any such plan, or method of implementation, or review or revision thereof, and in such event such reservoir shall be excluded therefrom, and any plan or implementation or review or revision concerning other reservoirs as may be approved shall not adversely affect the use of the reservoir or the right to the use of water therefrom, which has been excluded.

      D.  Owners of reservoirs may develop plans for coordination thereof, but shall give written notice to the commission at least 60 days prior to their implementation.

 

ARTICLE XIII.  FISH, WILDLIFE, AND RECREATION

 

      The use of waters for preservation, protection, and enhancement of fish, wildlife, and recreation is hereby recognized as an inseparable part of the public interest in the use of the waters of Lake Tahoe, Truckee, Carson and Walker River Basins in both states, and is, therefore, beneficial.

 

ARTICLE XIV.  NONCONSUMPTIVE USE

 

      Each state may use water for nonconsumptive purposes, including but not limited to flood control, recreation, fishery and wildlife maintenance and enhancement, and hydroelectric power generation, provided that such uses result in no discernible reduction in the water allocated to the other state.

 

ARTICLE XV.  DIVERSION AND EXCHANGE OF YIELD FROM FUTURE RESERVOIRS

 

      Upon the construction of a surface storage project or projects to store unused water herein allocated, users who become entitled to the yield therefrom may, at any point where water is physically available, divert water to use subject to approval of the commission and conditioned upon providing water in exchange for such diverted water as directed by the commission, so that other users, including owners of reservoir storage or owners of interest in waters stored, receive their entitlement of water in time, place, and quality the same as if the diversion and exchange had not been made.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1277 (Chapter 640, AB 800)ê

 

ARTICLE XVI.  CHANGE OF POINT OF DIVERSION, MANNER, PURPOSE, OR PLACE OF USE

 

      Any change of point of diversion or of manner, purpose or place of use of the waters of the Carson, Truckee or Walker River Basins may be made in either state pursuant to state law or applicable court decree, provided that such change shall not adversely affect the allocation of water to the other state. Either state, if permitted by state law, may permit a change to other use of water formerly consumed by natural subirrigation on meadows. It shall be the duty of each state to initiate proceedings before the commission if it believes that such change in the other state would adversely affect its allocation. In the event of the initiation of such a proceeding a commission hearing shall be held and the person desiring the change shall have the burden of establishing that such change would not adversely affect the allocation to the complaining state. In the event the person desiring the change does not establish that such change would not adversely affect the allocation to the complaining state, the commission shall enter such order as it deems appropriate to assure that the allocation to the complaining state is not adversely affected.

 

ARTICLE XVII.  IMPORTED WATER

 

      The provisions of this compact respecting allocation of water are applicable solely to the waters of the Truckee, Carson, and Walker River Basins and the Lake Tahoe Basin. To the extent that either state imports into the Truckee, Carson or Walker River Basins or the Lake Tahoe Basin water from another river or source the state making the importation shall have the exclusive use of such imported water unless by written agreement between the states it is otherwise provided. Nothing herein shall preclude either state from using such imported water as replacement or exchange water to meet such conditions as may be imposed by the commission pursuant to the provisions of this compact.

 

ARTICLE XVIII.  COMPACT EFFECT

 

      A.  Each state and all persons using, claiming, or in any manner asserting any right to the use of the waters of Lake Tahoe, Truckee River, Carson River, and Walker River Basins, shall be subject to the terms of this compact.

      B.  The provisions of this compact shall be self-executing and shall by operation of law be conditions of the various state permits, licenses, or other authorizations relating to the waters of Lake Tahoe, Truckee River, Carson River and Walker River Basins.

      C.  Nothing in this compact shall abridge, limit or derogate against any claim or right of anyone to the use of water in either state within the allocations to such state that could or may be made or established had this compact not been adopted; provided, that the place of use, under any such right, of water from any of the four basins covered by this compact shall be limited to such basin or such other areas outside such basin as are permissible places of use of water from such basin under this compact.


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ê1969 Statutes of Nevada, Page 1278 (Chapter 640, AB 800)ê

 

ARTICLE XIX.  VIOLATIONS

 

      A.  Violations or threatened violations of any of the provisions of this compact which come to the attention of the commission shall be promptly investigated by it. If after such investigation the commission determines further action is necessary it may take such action as it deems advisable including, but not limited to, the commencement of an action injunctive or otherwise in its own name in any court of general jurisdiction of the state where the violation has occurred or is threatened, or the United States District Court for the district where said violation has occurred or is threatened, or if it is determined by the commission appropriate to do so, refer the matter with its recommendations, if any, to an appropriate federal, state, or local official or agency or board for action.

      B.  In any action concerned with any matter in which the commission has made a decision, the findings of the commission shall constitute prima facie evidence of the facts found.

 

ARTICLE XX.  RECOURSE TO COURTS

 

      Nothing in this compact shall be construed to limit or prevent either state or any person or entity from instituting or maintaining any action or proceeding, legal or equitable, in any court of competent jurisdiction for the protection of any right under this compact or the enforcement of its provisions, provided that in all matters in which the commission is given jurisdiction by this compact to make a decision no such court action shall be commenced until the matter has been submitted to the commission for decision and decided by it, unless a decision by the commission has been unreasonably delayed.

 

ARTICLE XXI.  NON-IMPAIRMENT OF RIGHTS OF UNITED STATES

 

      Except as provided in Article XXII nothing in this compact shall be construed as:

      A.  Affecting the obligations of the United States to the Indians and Indian tribes, or any right owned or held by or for Indians or Indian tribes which is subject to the jurisdiction of the United States.

      B.  Affecting any rights or powers of the United States of America, its agencies or instrumentalities in or to the waters of the Truckee, Carson, or Walker River Basins or the Lake Tahoe Basin, or its capacity to acquire rights in and to the use of said waters.

      C.  Subjecting any property of the United States, its agencies or instrumentalities to taxation by either state or subdivision thereof.

      D.  Subjecting any property of the United States of America, its agencies or instrumentalities to the laws of any state to an extent other than the extent to which such laws would apply without regard to this compact.

 

ARTICLE XXII.  RATIFICATION AND CONSENT

 

      This compact shall become effective when, but only if,

      (1) It shall have been ratified by Acts of the Legislature of each of the States of California and Nevada;


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1279 (Chapter 640, AB 800)ê

 

      (2) It shall have been consented to by Act of Congress of the United States; and

      (3) Congress provides in its consent legislation or by separate legislation that the following provisions of the compact shall be binding on the agencies, wards, and instrumentalities of the United States of America:

      Article V, Section D

      Article V, Section F

      Article VI, Subsection B.1

      Article VI, Subsection B.3

      Article VI, Subsection B.4

      Article VI, Section D

      Article VII, Section A

      Article VII, Section B

      Article VII, Section C

      Article VII, Section E

      Article VII, Section F

      Article VIII, Subsection A.4(b)

      Article VIII, Subsection B.1

      Article VIII, Subsection B.5

 

ARTICLE XXIII.  TERMINATION

 

      This compact may be terminated any time by legislative consent of both states, but notwithstanding such termination all rights then established hereunder or recognized hereby shall continue to be recognized as valid.

      IN WITNESS WHEREOF the Commissioners have executed six counterparts hereof, each of which shall be and does constitute an original and one shall be deposited with the Administrator of General Services of the United States of America, and two of which shall be forwarded to the Governor of each signatory state, and one of which shall be made a part of the permanent records of the California-Nevada Compact Commission.

      Sec. 2.  The governor shall give notice of the enactment of this amendment to the California-Nevada Interstate Compact by the Nevada legislature to the governor of the State of California upon its enactment and to the President of the United States of America only if it becomes effective.

      Sec. 3.  This act shall become effective only if the legislature of the State of California adopts the California-Nevada Interstate Compact in a form which:

      1.  Contains language identical to that added by this act; and

      2.  Is otherwise identical to the compact as set forth in section 2 of chapter 65, Statutes of Nevada 1969.

 

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ê1969 Statutes of Nevada, Page 1280ê

 

CHAPTER 641, SB 191

Senate Bill No. 191–Senator Pozzi

CHAPTER 641

AN ACT relating to vehicle registration fees; increasing fees and appropriating the increase to the Nevada highway patrol; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 482.480 is hereby amended to read as follows:

      482.480  There shall be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  For each stock passenger car, bus and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a [flat] registration fee of $5.50.

      2.  For every motorcycle, the sum of $3.50.

      3.  For every truck having an unladened weight of 3,500 pounds or less, as shown by a public weighmaster’s certificate, a [flat] registration fee of $9.

      4.  For every trailer 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 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 having an unladened weight of 4,000 pounds or more, except mobile homes, truck-tractor and semitrailer, and for every truck 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 weighmaster’s 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.


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ê1969 Statutes of Nevada, Page 1281 (Chapter 641, SB 191)ê

 

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, truck and truck tractor there shall be an additional fee of $1, which shall be placed in a special fund for the use and support, through augmentation of the personnel, of the Nevada highway patrol. Any balance remaining in such fund at the end of a fiscal year shall be deposited in the state highway fund in the state treasury.

      Sec. 2.  NRS 706.740 is hereby amended to read as follows:

      706.740  As used in NRS 706.730 to 706.860, inclusive:

      1.  “Department” means each agency of this state, or of any political subdivision of this state, administering the fee involved.

      2.  “Fee” means each registration fee and tax imposed by this state, except motor vehicle fuel taxes, [and] motor carrier regulation and licensing fees [.] , and the additional fee imposed by subsection 9 of NRS 482.480.

      3.  “Mileage” includes mileage in this state and in all other states.

      4.  “Operator” includes the owner or operator of any vehicle.

      5.  “Person” includes any individual, firm, copartnership, joint venture, association, corporation, estate trust, business trust, receiver, syndicate or any other group or combination acting as a unit.

      6.  “Plan” means a plan adopted by any state or states for the proration of fees on a basis to effectuate the principles set forth in NRS 706.750.

      7.  “Reciprocity” means that this state and another state, as to vehicles registered in each other, extend substantial or complete freedom from payment of fees with respect to vehicles registered in the other state.

      8.  “State” includes the states of the United States, the District of Columbia, the territories of the United States, the states, territories and federal district of Mexico, and the provinces of Canada.

      9.  “Vehicle” includes every vehicle of a type required to be registered under the laws of this state.

      Sec. 3.  This act shall become effective on December 1, 1969, for the purpose of computing, paying and receiving the amounts due for the registration of vehicles for the registration year 1970. For all other purposes, this act shall become effective on January 1, 1970.

 

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ê1969 Statutes of Nevada, Page 1282ê

 

CHAPTER 642, SB 262

Senate Bill No. 262–Senator Pozzi

CHAPTER 642

AN ACT relating to the property tax; exempting farm machinery and equipment dealers from paying the property tax on farm machinery and equipment held by them for sale in the ordinary course of business; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Notwithstanding the provisions of this chapter or any other law, no farm machinery and equipment dealer shall be required to pay any property tax, either as a tax on inventory or on individual pieces of farm machinery or equipment, on any piece of farm machinery or equipment of which such dealer takes possession and which he holds for sale in the ordinary course of business.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 643, SB 320

Senate Bill No. 320–Clark County Delegation

CHAPTER 643

AN ACT fixing the salaries and compensation of officers, deputy officers and certain employees of Clark County, Nevada; repealing a certain act; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Until the 1st Monday in January 1971, the officers of Clark County, Nevada, designated in this section shall receive the following annual salaries, to be allowed, audited and fixed monthly:

 

District attorney.........................................................................................      $19,000

County clerk and ex officio clerk of the district court and of the board of county commissioners.....................................................................................        15,750

County assessor.........................................................................................        15,750

Sheriff..........................................................................................................        18,750

County treasurer and ex officio tax collector......................................        15,000

County recorder and auditor...................................................................        15,000

 

      Sec. 2.  Each member of the board of county commissioners of Clark County shall receive an annual salary of $7,600 to be allowed, audited and fixed monthly.

      Sec. 3.  The sheriff of Clark County shall have one undersheriff to be selected by him, who shall receive a monthly salary of not less than $750, and such other deputies and clerical help, to be named by him, as the work in his office may justify, subject to the consent of the board of county commissioners, for such compensation as shall be fixed by the board of county commissioners.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1283 (Chapter 643, SB 320)ê

 

$750, and such other deputies and clerical help, to be named by him, as the work in his office may justify, subject to the consent of the board of county commissioners, for such compensation as shall be fixed by the board of county commissioners. He shall be allowed his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties. The expenses shall be first audited and allowed by the board of county commissioners.

      Sec. 4.  The county clerk of Clark County and ex officio clerk of the district court and of the board of county commissioners may be allowed such deputies and clerical help, to be named by such clerk, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners. The chief deputy county clerk shall receive a monthly salary of not less than $600. The county clerk shall be allowed actual traveling expenses, or those of a deputy, to consist of actual costs of transportation and living expenses while absent from the county seat in the performance of official duties. Such expenses shall be first audited and allowed by the board of county commissioners. All fees and commissions collected by the county clerk and ex officio clerk of the district court and of the board of county commissioners in the performance of his duties shall be paid into the county treasury each month.

      Sec. 5.  The compensation received by the county assessor pursuant to section 1 of this act shall be compensation for all services as such officer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the assessor to the credit of the county in the county general fund. The county assessor may be allowed a chief deputy, who shall receive a monthly salary of not less than $600, and other deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners. The county assessor, or his deputy, shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties. Such expenses shall be first audited and allowed by the board of county commissioners.

      Sec. 6.  The compensation received by the county treasurer and ex officio tax collector pursuant to section 1 of this act shall be compensation for all his services as such treasurer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the treasurer to the credit of the county in the county general fund. He may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners. The chief deputy county treasurer shall receive a monthly salary of not less than $600. The county treasurer shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties. Such expenses shall be first audited and allowed by the board of county commissioners.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1284 (Chapter 643, SB 320)ê

 

      Sec. 7.  The compensation received by the county recorder and auditor pursuant to section 1 of this act shall be compensation for all his services as such county recorder and auditor or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipal corporation or political subdivision shall be deposited by the recorder and auditor to the credit of the county in the county general fund. The county recorder and auditor may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners. The chief deputy in the office shall receive a monthly salary of not less than $600. The county recorder and auditor shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of transportation and living expenses while absent from the county seat in the performance of his official duties. Such expenses shall be first audited and allowed by the board of county commissioners.

      Sec. 8.  The district attorney may engage in the private practice of law. He may have such deputies, clerical help or other personnel, to be named by him, as the board of county commissioners may deem necessary and at salaries to be fixed by the board of county commissioners. The two chief deputy district attorneys, one for civil matters and one for criminal matters, shall receive a monthly salary of not less than $1,000. The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, special investigators at salaries to be fixed by the board of county commissioners. The district attorney and his deputies shall be allowed all their actual traveling expenses, to consist of actual cost of their transportation and living expenses while absent from the county seat in the performance of their official duties. Such expenses shall be first audited and allowed by the board of county commissioners.

      Sec. 9.  County commissioners shall be allowed all their actual traveling expenses, to consist of actual costs of their transportation and living expenses while absent from the county seat in the performance of their official duties. The expenses shall be first audited and allowed by a majority of the board of county commissioners. Each commissioner shall be entitled to traveling expenses in the sum of 10 cents per mile in traveling to and from the meetings of the commissioners.

      Sec. 10.  The rate per mile traveled for any and all of the county officers named in section 1 of this act to be allowed as expenses for travel by the officers and their deputies shall not exceed 10 cents per mile traveled, nor be in excess of any amount allowed specifically by any act pertaining to any specific duty of such officer.

      Sec. 11.  Chapter 206, Statutes of Nevada 1955, entitled “An Act fixing the salaries and compensation of officers, deputy officers and employees of Clark County, Nevada, and repealing all other acts and parts of acts in conflict therewith,” approved March 24, 1955, as amended, is hereby repealed.

      Sec. 12.  This act shall become effective on July 1, 1969, and shall expire by limitation at 12 p.m. on January 3, 1971.

 

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ê1969 Statutes of Nevada, Page 1285ê

 

CHAPTER 644, SB 354

Senate Bill No. 354–Senator Hug

CHAPTER 644

AN ACT relating to public securities and obligations; providing generally for a maximum interest rate and a maximum discount on issuance; extending such provisions to issues previously authorized but not yet sold; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 99 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      As applied to bonds or other securities issued by this state or any political subdivision or municipal or public corporation of this state, “effective interest rate” means the interest rate based on the actual price paid to the public entity, calculated to maturity of the obligation according to standard tables of bond values.

      Sec. 1.5.  NRS 244.400 is hereby amended to read as follows:

      244.400  1.  If upon the returns of the election, which returns are required to be made to the county commissioners, it is shown that a majority of the persons voting at the election were in favor of the issuance of bonds for the purpose or purposes set out in the notice of the election, then the county commissioners shall proceed to have prepared and issued bonds in a sum not to exceed the amount set out in the notice of the election, designating the purpose of the bonds.

      2.  In no case shall the bonds provide for interest in excess of [6] 7 percent per annum, and the bonds shall not run for a period of more than 20 years. The bonds shall provide that the faith and credit of the county issuing the same shall be pledged to the redemption of such bonds.

      3.  When issued as herein provided, the bonds, or as many thereof as may be necessary to carry out the requirements of the election so had, shall be sold and the proceeds thereof placed in the county treasury in a special fund to be designated by the county commissioners.

      Sec. 2.  NRS 244.720 is hereby amended to read as follows:

      244.720  1.  The bonds shall:

      (a) Be of convenient denominations.

      (b) Be negotiable in form.

      (c) Mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal and interest, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 30 years from the date.

      (d) Bear interest at the rate of not more than [6] 7 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals.

      (e) Be made payable in lawful money of the United States, at such place or places within or without the State of Nevada as may be provided by the board.

      (f) Have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1286 (Chapter 644, SB 354)ê

 

      2.  Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.

      3.  The bonds and coupons shall be signed by the chairman of the county fair and recreation board and countersigned by the county treasurer, and they shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons.

      4.  The county fair and recreation board may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premiums as may be determined by the board in the resolution authorizing the issuance of the bonds.

      Sec. 3.  NRS 244.909 is hereby amended to read as follows:

      244.909  1.  Any bonds issued pursuant hereto may be sold in such manner as may be approved by the board to defray the cost of the project, including all proper incidental expenses.

      2.  Bonds shall first be offered at a public sale and if no satisfactory bid is then received, such bonds may be sold at private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the board, below par at a discount not exceeding [6] 7 percent of the principal amount thereof and at a price which will not result in [a net interest cost to the county] an effective interest rate of more than [6] 7 percent per annum [computed to maturity according to standard tables of bond values] if the maximum or any lesser amount of discount permitted by the board shall have been capitalized as a cost of the project.

      3.  No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the board may determine.

      4.  The board may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.

      5.  Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.

      6.  Any unexpended balance of such bond proceeds remaining after the completion of the project for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.

      7.  The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.

      8.  The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.

      9.  The board may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the board so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the board may terminate the contract to sell the bonds, if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the board has not elected to proceed under subsection 2 or 3 of NRS 244.878, but has elected to proceed under subsection 1 thereof.


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ê1969 Statutes of Nevada, Page 1287 (Chapter 644, SB 354)ê

 

contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the board has not elected to proceed under subsection 2 or 3 of NRS 244.878, but has elected to proceed under subsection 1 thereof.

      10.  If the board ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in NRS 244.873, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.

      Sec. 4.  NRS 271.485 is hereby amended to read as follows:

      271.485  1.  Any bonds issued pursuant hereto may be sold in such manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses.

      2.  Bonds shall first be offered at a public sale, and if no satisfactory bid is then received, such bonds may be sold at private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the governing body, below par at a discount not exceeding [6] 7 percent of the principal amount thereof and at a price which will not result in [a net interest cost to the municipality] an effective interest rate of more than 7 percent per annum [computed to maturity according to standard tables of bond values] if the maximum or any lesser amount of discount permitted by the governing body shall have been capitalized as a cost of the project.

      3.  No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the governing body may determine.

      4.  The governing body may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.

      5.  Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.

      6.  Any unexpended balance of such bond proceeds remaining after the completion of the project for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.

      7.  The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.

      8.  The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.

      9.  The governing body may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the governing body has not elected to proceed under subsection 2 or 3 of NRS 271.330, but has elected to proceed under subsection 1 thereof.


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ê1969 Statutes of Nevada, Page 1288 (Chapter 644, SB 354)ê

 

or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the governing body has not elected to proceed under subsection 2 or 3 of NRS 271.330, but has elected to proceed under subsection 1 thereof.

      10.  If the governing body ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in NRS 271.305, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.

      Sec. 5.  NRS 318.325 is hereby amended to read as follows:

      318.325  1.  Subject to the limitations and other provisions in this chapter, a board of any district may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law:

      (a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;

      (b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;

      (c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes or any special assessments, which payment is secured by a pledge of and lien on such net revenues; or

      (d) Any combination of such securities.

      2.  Nothing in this chapter shall be construed as preventing a district from funding, refunding or reissuing any outstanding securities of the district of a type designated in subsection 1 as provided in the Local Government Securities Law.

      3.  Revenue bonds may be sold for not less than 94 percent of their face amount and for an interest coupon rate of not to exceed [6] 7 percent per annum. If no bids are received or if the bid or bids received are not satisfactory as to price or responsibility of the bidder, the bonds may be readvertised or sold at private sale.

      Sec. 6.  NRS 349.076 is hereby amended to read as follows:

      349.076  Except where the provisions, whenever enacted, of a general or special law authorize a higher rate, the maximum rate of interest on securities issued by the state shall not exceed [6] 7 percent per annum.

      Sec. 7.  NRS 349.077 is hereby amended to read as follows:

      349.077  Except where the provisions, whenever enacted, of a general or special law prohibit discount or authorize a greater discount, securities issued by the state may be sold at par, above par or below par at a discount of not more than [6] 7 percent of the principal amount, but the [net interest cost to the state, including any discount,] effective interest rate shall not exceed [6] 7 percent per annum. [computed to maturity according to standard tables of bond values.]


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ê1969 Statutes of Nevada, Page 1289 (Chapter 644, SB 354)ê

 

      Sec. 8.  NRS 349.260 is hereby amended to read as follows:

      349.260  Except as otherwise provided in the constitution of the state and as otherwise provided in the State Securities Law and in any other act the provisions of which are relevant by express reference herein thereto, any state securities issued hereunder shall be:

      1.  In such form;

      2.  Issued in such manner, at, above or below par at a discount not exceeding [6] 7 percent of the principal amount of the securities, and at a price which will result in [a net interest rate to the state] an effective interest rate of not more than [6] 7 percent per annum; [computed to maturity according to standard tables of bond values, including as a part of such rate the amount of any discount permitted by the commission on the sale of the securities;]

      3.  Issued with such provisions:

      (a) For the application of any accrued interest and any premium from the sale of any bonds or other state securities hereunder as provided in NRS 349.294;

      (b) For the registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;

      (c) For the endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest; and where interest accruing on the securities is not represented by interest coupons the securities may provide for the endorsing of payments of interest thereon;

      (d) For the endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;

      (e) For the initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;

      (f) For the manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of larger or smaller denominations, which bonds or other securities of larger or smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;

      (g) For the reissuance of any outstanding bonds or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code-Investment Securities, or otherwise;

      (h) For the deposit of moneys, federal securities or other securities of the Federal Government, or both moneys and all such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state; and


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ê1969 Statutes of Nevada, Page 1290 (Chapter 644, SB 354)ê

 

      (i) For the payment of costs or expenses incident to the enforcement of the securities or of the provisions of the resolution or of any covenant or contract with the holders of the securities; and

      4.  Issued otherwise with such recitals, terms, covenants, conditions, and other provisions,

as may be provided by the commission in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.

      Sec. 9.  NRS 349.276 is hereby amended to read as follows:

      349.276 1.  As the commission may determine, any bonds and other state securities issued hereunder, except as otherwise provided in the constitution of the state, or in the State Securities Law, or in any act supplemental thereto, shall:

      (a) Be of a convenient denomination or denominations;

      (b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code-Investment Securities;

      (c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the commission;

      (d) Bear interest at a rate or rates of not more than [6] 7 percent per annum, the interest on each security not constituting a debt to be payable annually, semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any other period, [not exceeding 1 year,] and the interest on each security constituting a debt subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state shall be payable semiannually;

      (e) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the commission; and

      (f) Be printed at such place within or without this state, as the commission may determine.

      2.  General obligation bonds shall mature within not exceeding 20 years from their date or within 20 years from the effective date of the act authorizing their issuance or the issuance of any securities funded or refunded thereby, whichever limitation is shorter; but any bonds constituting a debt which is not subject to the limitations stated in the first paragraph of section 3, of article 9 of the constitution of this state, as from time to time amended, shall mature within not exceeding 50 years from their date.

      3.  Special obligation bonds shall mature within not exceeding 50 years from their date.

      Sec. 9.3.  NRS 349.324 is hereby amended to read as follows:

      349.324  1.  Except as otherwise provided in NRS 349.320, the proceeds of taxes, pledged revenues and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, shall not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.


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ê1969 Statutes of Nevada, Page 1291 (Chapter 644, SB 354)ê

 

interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.

      2.  Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the commission may determine, except as otherwise provided in subsections 2 and 3 of NRS 349.276.

      3.  Any bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [6] 7 percent per annum.

      Sec. 9.5.  NRS 349.340 is hereby amended to read as follows:

      349.340  1.  No bonds may be refunded hereunder unless they have been outstanding for at least 1 year from the date of their delivery and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 15 years from the date of issuance of the refunding bonds. Provision shall be made for paying the securities within such period of time.

      2.  No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor in any event in the case of any bonds constituting a debt in contravention of any state constitutional debt limitation, nor may any interest on any bond refunded be increased to any rate exceeding [6] 7 percent per annum.

      3.  The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt shall the principal of the bonds be increased to any amount in excess of any state debt limitation in the state constitution.

      4.  The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.

      Sec. 10.  NRS 350.2011 is hereby amended to read as follows:

      350.2011  Except where the provisions, whenever enacted, of a general or special law or of a special charter authorize a higher rate, the maximum rate of interest on securities issued by any political subdivision of this state shall not exceed [6] 7 percent per annum.

      Sec. 11.  NRS 350.2012 is hereby amended to read as follows:

      350.2012  Except where the provisions, wherever enacted, of a general or special law or of a special charter prohibit discount or authorize a greater discount, securities issued by a political subdivision of this state may be sold at par, above par or below par at a discount of not more than [6] 7 percent of the principal amount, but the [net interest cost to the political subdivision, including any discount,] effective interest rate shall not exceed [6] 7 percent per annum.


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ê1969 Statutes of Nevada, Page 1292 (Chapter 644, SB 354)ê

 

not exceed [6] 7 percent per annum. [computed to maturity according to standard tables of bond values.]

      Sec. 12.  NRS 350.390 is hereby amended to read as follows:

      350.390  1.  Revenue bonds issued under NRS 350.350 to 350.490, inclusive, shall bear interest at such rate or rates not exceeding [6] 7 percent per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond 40 years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide.

      2.  The governing body may also provide in the ordinance or resolution authorizing the issuance of bonds under NRS 350.350 to 350.490, inclusive, that the bonds, or such ones thereof as may be specified, shall, to the extent and in the manner prescribed, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.

      Sec. 12.3.  NRS 350.614 is hereby amended to read as follows:

      350.614  Except as otherwise provided in the Local Government Securities Law and in any other act the provisions of which are relevant by express reference herein thereto or by provisions to that effect therein, any securities issued hereunder shall be:

      1.  In such form;

      2.  Issued in such manner, at, above or below par at a discount not exceeding [6] 7 percent of the principal amount of the securities, and at a price which will result in [a net interest rate to the municipality] an effective interest rate of not more than [6] 7 percent per annum; [computed to maturity according to standard tables of bond values, including as a part of such rate the amount of any discount permitted by the governing body on the sale of the securities;]

      3.  Issued with such provisions:

      (a) For the application of any accrued interest and any premium from the sale of any bonds or other municipal securities hereunder as provided in NRS 350.648;

      (b) For the registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;

      (c) For the endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest; and where interest accruing on the securities is not represented by interest coupons the securities may provide for the endorsing of payments of interest thereon;

      (d) For the endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;

 


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ê1969 Statutes of Nevada, Page 1293 (Chapter 644, SB 354)ê

 

other securities, where any bond or other securities are registered for payment as to principal;

      (e) For the initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;

      (f) For the manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of larger or smaller denominations, which bonds or other securities of larger or smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;

      (g) For the reissuance of any outstanding bonds or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code-Investment Securities, or otherwise;

      (h) For the deposit of moneys, federal securities or other securities of the Federal Government, or both moneys and all such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state; and

      (i) For the payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities; and

      4.  Issued otherwise with such recitals, terms, covenants, conditions and other provisions,

as may be provided by the governing body in an ordinance authorizing their issuance and in any indenture or other proceedings appertaining thereto.

      Sec. 12.5.  NRS 350.630 is hereby amended to read as follows:

      350.630  1.  As the governing body may determine, any bonds and other municipal securities issued hereunder, except as otherwise provided in the Local Government Securities Law, or in any act supplemental thereto, shall:

      (a) Be of a convenient denomination or denominations;

      (b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code-Investment Securities;

      (c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the governing body, except as herein otherwise provided;

      (d) Bear interest at a rate or rates of not more than [6] 7 percent per annum, payable annually, semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any other period; [not exceeding 1 year;]

      (e) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the governing body; and

      (f) Be printed at such place, within or without this state, as the governing body may determine.


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ê1969 Statutes of Nevada, Page 1294 (Chapter 644, SB 354)ê

 

      2.  General obligation bonds shall mature serially within not exceeding 30 years from their respective dates and commencing not later than the third year thereafter, in such manner as the governing body may determine.

      3.  Special obligation bonds shall mature within not exceeding 50 years from their respective dates.

      Sec. 12.7.  NRS 350.678 is hereby amended to read as follows:

      350.678  1.  Except as otherwise provided in NRS 350.674, the proceeds of taxes, pledged revenues and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, shall not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.

      2.  Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the governing body may determine, except as otherwise provided in subsections 2 and 3 of NRS 350.630.

      3.  Any bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [6] 7 percent per annum.

      Sec. 12.9.  NRS 350.694 is hereby amended to read as follows:

      350.694  1.  No bonds may be refunded hereunder unless they have been outstanding for at least 1 year from the date of their delivery and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 15 years from the date of issuance of the refunding bonds. Provision shall be made for paying the securities within such period of time.

      2.  No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest on any bond refunded be increased to any rate exceeding [6] 7 percent per annum.

      3.  The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt shall the principal of the bonds be increased to any amount in excess of any municipal debt limitation.

      4.  The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.


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ê1969 Statutes of Nevada, Page 1295 (Chapter 644, SB 354)ê

 

      Sec. 13.  NRS 373.180 is hereby amended to read as follows:

      373.180  1.  The bond shall:

      (a) Be of convenient denominations.

      (b) Be negotiable in form.

      (c) Mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal and interest, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 30 years from the date.

      (d) Bear interest at the rate of not more than [6] 7 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals; but the first interest payment date may be for interest accruing for any period not exceeding 1 year.

      (e) Be made payable in lawful money of the United States, at such place or places within or without the State of Nevada as may be provided by the board.

      (f) Have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds, except as herein otherwise provided.

      2.  Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.

      3.  The bonds shall be signed by the chairman of the board, attested by the county clerk, and countersigned by the county treasurer. The bonds shall be authenticated by the official seal of the county. The coupons shall be signed by the county treasurer. Facsimile signatures may be used on the coupons.

      4.  Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)

      5.  The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

      6.  Any officer authorized or permitted to sign any bond or coupons, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.

      7.  The board may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium as may be determined by the board in the ordinance authorizing the issuance of the bonds.

      Sec. 14.  NRS 373.194 is hereby amended to read as follows:

      373.194  No bonds may be refunded under this chapter unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 10 years from the date of issuance of the refunding bonds. Provision shall be made for paying the public securities within such period of time.


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ê1969 Statutes of Nevada, Page 1296 (Chapter 644, SB 354)ê

 

of time. No maturity of any bond refunded may be extended over 15 years, nor may any interest thereon be increased to any rate exceeding [6] 7 percent per annum. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.

      Sec. 15.  NRS 387.160 is hereby amended to read as follows:

      387.160  1.  To provide the state school construction relief fund in the state treasury with funds, the governor, the secretary of state, and the attorney general of the State of Nevada are hereby constituted a commission, and are hereby directed to issue bonds of the State of Nevada as and when needed in a sum not to exceed $500,000.

      2.  Such bonds shall:

      (a) Be in denominations of $1,000 each, payable in legal tender of the United States.

      (b) Be numbered serially from 1 to 500, inclusive, and when retired shall be retired in the order of their issuance.

      (c) Be signed by the governor and endorsed by the secretary of state and the attorney general, countersigned by the state controller and authenticated by the great seal of the State of Nevada.

      (d) Bear interest at such rate as may be fixed by the commission, but such interest rate so fixed shall not be more than [6] 7 percent per annum.

      (e) Specify the interest rate payable and the redemption date of each bond.

      (f) Specify that both principal and interest shall be payable at the office of the state treasurer in Carson City, Nevada.

      (g) Have coupons for interest attached in such a manner that the coupons may be removed without injury to the bonds. Each coupon shall be consecutively numbered and shall be signed by the engraved facsimile signatures of the governor, the secretary of state and the attorney general.

      3.  Interest shall be payable semiannually on January 1 and July 1 of each year, the first payment to be made on January 1, 1956.

      4.  Upon the issuance and execution of each bond, without advertising the bonds for sale or calling for bids thereon, the same may be sold and delivered to the state permanent school fund, the university 90,000-acre-grant fund, the university 72-section-grant fund, the state insurance fund of the Nevada industrial commission, and such other state funds as may have money available for legal investment in such bonds, as moneys may be available in the state treasury in such funds, or any of them.

      5.  If money is not available in any or all of such funds, the bonds may be sold as needed for the purpose stated in NRS 387.145 to 387.165, inclusive, at public or private sale, as the commission may deem for the best interests of the state. Such bonds shall be issued and sold only as and when the proceeds thereof are needed. The proceeds of the sale of such bonds shall be placed in the state school construction relief fund.


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ê1969 Statutes of Nevada, Page 1297 (Chapter 644, SB 354)ê

 

      6.  At least 13 of such bonds as may be issued shall be redeemed and paid on each of the dates herein specified for the payment of interest, but all such bonds shall be redeemed and paid within 20 years from March 28, 1955.

      7.  Payment of the principal and the interest on the bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of chapter 349 of NRS.

      8.  The state school construction relief fund shall also consist of any moneys appropriated to such fund by direct legislative appropriation.

      Sec. 16.  NRS 387.350 is hereby amended to read as follows:

      387.350  Except as provided in NRS 387.355, the notice of election shall contain:

      1.  The time and places of holding the election.

      2.  The hours during the day in which the polls will be open, which shall be the same as provided for general elections.

      3.  The purposes for which the bonds are to be issued.

      4.  The maximum amount of the bonds.

      5.  The maximum rate of interest, not to exceed [6] 7 percent.

      6.  The maximum number of years, not exceeding 20, which the bonds are to run.

      Sec. 17.  NRS 387.410 is hereby amended to read as follows:

      387.410  1.  The bonds shall not bear a rate of interest greater than [6] 7 percent per annum, payable annually or semiannually, but the first interest payment date may be any time within 1 year from the date of the bonds.

      2.  When a vote of the registered electors shall have been taken on the question of the issuance of the bonds, and the proposition submitted to them shall have specified the maximum rate of interest to be borne by such bonds, no increase of such maximum rate of interest shall be allowed on any of the bonds.

      Sec. 18.  NRS 387.545 is hereby amended to read as follows:

      387.545  Except as provided in NRS 387.550, the notice of election shall contain:

      1.  The time and places of holding the election.

      2.  The hours during the day in which the polls will be open, which shall be the same as provided for general elections.

      3.  The purposes for which the bonds are to be issued.

      4.  The maximum amount of the bonds.

      5.  The maximum rate of interest, not to exceed [6] 7 percent.

      6.  The maximum number of years, not exceeding 20, which the bonds are to run.

      Sec. 19.  NRS 387.605 is hereby amended to read as follows:

      387.605  1.  The bonds shall not bear a rate of interest greater than [6] 7 percent per annum, payable annually or semiannually, but the first interest payment date may be any time within 1 year from the date of the bonds.

      2.  When a vote of the registered electors shall have been taken on the question of the issuance of the bonds, and the proposition submitted to them shall have specified the maximum rate of interest to be borne by such bonds, no increase of such maximum rate of interest shall be allowed on any of the bonds.


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ê1969 Statutes of Nevada, Page 1298 (Chapter 644, SB 354)ê

 

      Sec. 19.3.  NRS 396.850 is hereby amended to read as follows:

      396.850  Except as herein otherwise provided and as otherwise provided in any other act the provisions of which are relevant by express reference herein thereto, any securities issued hereunder shall be:

      1.  In such form;

      2.  Issued in such manner, at, above or below par at a discount not exceeding [6] 7 percent of the principal amount of the securities, at public or private sale, and at a price which will result in [a net interest rate to the university or the board] an effective interest rate of not more than [6] 7 percent per annum; [computed to maturity according to standard tables of bond values, including as a part of such rate the amount of any discount permitted by the board on the sale of the securities;] and

      3.  Issued with such recitals, terms, covenants, conditions and other provisions,

as may be provided by the board in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.

      Sec. 19.5.  NRS 396.852 is hereby amended to read as follows:

      396.852  1.  As the board may determine, any bonds and other securities issued hereunder (except as herein otherwise provided) shall:

      (a) Be of a convenient denomination or denominations;

      (b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code-Investment Securities;

      (c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the board, but not exceeding 50 years from their date;

      (d) Bear interest at a rate or rates of not more than [6] 7 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals, but the first interest payment date may be for interest accruing for any other period; [not exceeding 1 year;]

      (e) Be made payable in lawful money of the United States, at the office of the treasurer of the university or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the board; and

      (f) Be printed at such place within or without this state, as the board may determine.

      2.  Any bonds issued hereunder shall have one or two sets of interest coupons, bearing the number of the bond to which they are respectively attached, numbered consecutively in regular numerical order, and attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds, except as herein otherwise provided.

      Sec. 19.7.  NRS 396.869 is hereby amended to read as follows:

      396.869  1.  Pledged revenues and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures.

      2.  Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the board may determine, but in no event exceeding 50 years from the dates of such bonds and such interim debentures, or if the dates are not the same, from whichever date is the earlier.


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ê1969 Statutes of Nevada, Page 1299 (Chapter 644, SB 354)ê

 

bonds and such interim debentures, or if the dates are not the same, from whichever date is the earlier.

      3.  Any bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [6] 7 percent per annum.

      Sec. 19.9.  NRS 396.874 is hereby amended to read as follows:

      396.874  1.  No bonds may be refunded hereunder unless they have been outstanding for at least 1 year from the date of their delivery and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 15 years from the date of issuance of the refunding bonds. Provisions shall be made for paying the securities within such period of time.

      2.  No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest thereon be increased to any rate exceeding [6] 7 percent per annum.

      3.  The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent.

      4.  The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.

      Sec. 20.  NRS 474.250 is hereby amended to read as follows:

      474.250  The bonds shall bear interest at a rate not exceeding [6] 7 percent per annum, payable annually on the 1st Monday in January.

      Sec. 21.  (Deleted by amendment.)

      Sec. 22.  NRS 540.720 is hereby amended to read as follows:

      540.720  Bonds shall bear interest at a rate not exceeding [6] 7 percent per annum, payable semiannually.

      Sec. 23.  Section 63 of the charter of the City of Caliente, being chapter 289, Statutes of Nevada 1957, as last amended by chapter 140, Statutes of Nevada 1967, at page 235, is hereby amended to read as follows:

      Section 63.  Water, Sewer, and Electric Light and Power Revenue Bond Law of the City of Caliente.

      A.  Wherever used in this chapter, unless a different meaning clearly appears from the context, the term “undertaking” shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed; systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of water supply and the conservation, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, franchises, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations and equipment; and (2) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.


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ê1969 Statutes of Nevada, Page 1300 (Chapter 644, SB 354)ê

 

franchises, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations and equipment; and (2) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.

      B.  In addition to the powers which it may now have, said city shall have power under this charter:

      1.  To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking, wholly within or wholly without the city, or partially within and partially without the city, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;

      2.  To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the city;

      3.  To prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by such undertaking, and in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking;

      4.  To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extensions theretofore and thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertakings so improved, bettered, or extended) or of any part of such undertaking;

      5.  When determined by its city council to be in the public interest and necessary for the protection of the public health, to enter into and perform contracts, whether long term or short term, with any industrial or mining establishment for the provision and operation by the city of sewage facilities to abate or reduce the pollution of water caused by discharges of industrial or mining waste by the industrial or mining establishment and the payment periodically by the industrial or mining establishment to the city of amounts at least sufficient, in the determination of such city council, to compensate the city for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewage facilities serving such industrial or mining establishment.

      6.  And notwithstanding any provision of this chapter to the contrary or in conflict herewith, to accept contributions or loans from the United States of America, or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and

      7.  To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the city is created thereby; and provided, no property of the city is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the city is thereby incurred in any manner for any purpose.


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ê1969 Statutes of Nevada, Page 1301 (Chapter 644, SB 354)ê

 

the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the city is created thereby; and provided, no property of the city is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the city is thereby incurred in any manner for any purpose.

      C.  The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking and the issuance in anticipation of the collection of the revenues of such undertaking of bonds to provide funds to pay the cost thereof may be authorized by ordinance or resolution of the city council, which may be adopted at a regular meeting by a vote of a majority of the members elected to the city council; provided, however, that before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.010 to 350.070, inclusive. It shall not be necessary, any provisions in this charter and the laws of the State of Nevada to the contrary notwithstanding, to submit at an election, in addition to the question of issuing bonds for any of the aforesaid purposes, a question for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking. The city council, in determining such cost, may include all cost and estimated cost of the issuance of such bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period, and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this chapter.

      D.  Revenue bonds issued under this chapter shall bear interest at such rate or rates not exceeding [six] 7 percent per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond thirty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide. Said bonds shall be issued to the contractor in payment for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking, including all incidental expenses, or said bonds shall be sold. Said bonds may be sold at private sale to the United States of America or any agency, instrumentality, or corporation thereof. Unless issued to a contractor or sold to the United States of America or any agency, instrumentality, or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in a newspaper circulating in the city. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the city council may determine may be issued to the contractor or the purchaser or purchasers of bonds sold pursuant to this chapter.


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ê1969 Statutes of Nevada, Page 1302 (Chapter 644, SB 354)ê

 

and with such provisions as the city council may determine may be issued to the contractor or the purchaser or purchasers of bonds sold pursuant to this chapter. Said bonds and interim receipts or certificates shall be fully negotiable for all the purposes.

      The city council may also provide in the ordinance or resolution authorizing the issuance of bonds under this chapter that the bonds, or such ones thereof as may be specified, shall to the extent and in the manner prescribed, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.

      E.  Said bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all persons whose signatures appear thereon shall have ceased to be officers of the city issuing the same. The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking for which said bonds are issued. The ordinance or resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

      F.  Any ordinance or resolution authorizing the issuance of bonds under this chapter, to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of an undertaking, may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this chapter) as to:

      (a) The rates, fees, tolls, or charges to be charged for the services, facilities and commodities of said undertaking;

      (b) The use and disposition of the revenue of said undertaking;

      (c) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof;

      (d) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition of such proceeds;

      (e) Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on said bonds or on the coupons thereof;

      (f) A fair and reasonable payment by the city to the account of said undertaking for the services, facilities or commodities furnished said city or any of its departments by said undertaking;

      (g) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such undertaking;

      (h) The insurance to be carried thereon and the use and disposition of insurance moneys;

      (i) Books of account and the inspection and audit thereof;

      (j) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;


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ê1969 Statutes of Nevada, Page 1303 (Chapter 644, SB 354)ê

 

      (k) The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations;

      (l) The vesting in a trustee or trustees the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby;

      (m) A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;

      (n) The manner of collecting the rates, fees, tolls, or charges for the services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking are not paid. Nothing in this section or in any other section of this chapter shall be deemed in any way to authorize any city to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation, or restriction of the constitution relating to the creating or incurring of a debt or indebtedness or the issuance of an instrument constituting a bond or a debt.

      G.  Revenue bonds issued under this chapter shall not be payable from or charged upon any funds, other than the revenue pledged to the payment thereof, nor shall the city issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the city, nor shall any such bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the city. Each bond issued under this chapter shall recite in substance that said bond, including the interest thereon, is payable solely from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the city within the meaning of any constitutional, statutory, or charter limitation.

      H.  In the event that the city shall default in the payment of the principal or interest of any of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the city or the city council or officers, agents or employees thereof shall fail or refuse to comply with the provisions of this chapter or shall default in any agreement made with the holders of the bonds, any holders of bonds, or trustees therefor, shall have the right to apply in an appropriate judicial proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.


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ê1969 Statutes of Nevada, Page 1304 (Chapter 644, SB 354)ê

 

proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.

      Upon such application such state court may appoint, and if the application is made by the holders of twenty-five per centum (25%) in principal amount of such bonds then outstanding, or any trustee for holders of such bonds in such principal amount, shall appoint a receiver of the undertaking. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the undertaking and each and every part thereof, and may exclude the city, its city council, officers, agents, and employees and all persons claiming under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the city or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the city with respect to the undertaking as the city itself might do. Such receiver shall maintain, restore, insure, and keep insured, the undertaking, and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient, and shall establish, levy, maintain and collect such fees, tolls, rentals and other charges in connection with the undertaking as such receiver may deem necessary or proper and reasonable, and shall collect and receive all revenues and shall deposit the same in a separate account, and apply such revenues so collected and received in such manner as the court shall direct.

      Whenever all that is due upon the bonds, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with bondholders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the city, the same right of the holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Such receiver shall, in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.

      I.  Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power for the equal benefit and protection of all holders of bonds similarly situated:


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ê1969 Statutes of Nevada, Page 1305 (Chapter 644, SB 354)ê

 

      (a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the city and its city council, and any of its officers, agents, or employees, and to require and compel such city or such city council, or any such officers, agents, and employees to perform and carry out its and their duties and obligations under this chapter, and its and their covenants and agreements with bondholders;

      (b) By action or suit in equity to require the city and city council thereof to account as if they were the trustee of an express trust;

      (c) By action or suit in equity to enjoin any acts or thing which may be unlawful or in violation of the rights of bondholders;

      (d) Bring suit upon the bonds.

      No right or remedy conferred by this chapter upon any holder of bonds, or any trustee therefor, is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.

      J.  The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter shall not affect the powers conferred by any other general or special law or charter provision. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended notwithstanding that any special or general law or charter provision may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking and without regard to the requirement, restrictions, debt, or other limitations or other provisions contained in any other general or special law or charter provision, including, but not limited to, any restriction of limitation on the incurring of indebtedness or the issuance of bonds. Insofar as the provisions of this chapter are inconsistent with the provisions of any other general or special law or charter provision, the provisions of this chapter shall be controlling, except as otherwise herein provided.

      Sec. 24.  (Deleted by amendment.)

      Sec. 25.  Section 33 of chapter II of the charter of the City of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as last amended by chapter 526, Statutes of Nevada 1967, at page 1545, is hereby amended to read as follows:

      Section 33.  The said city council shall have the following powers:

      1.  To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said council may deem proper; provided, that the punishment of any offense shall be by fine not to exceed five hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

      2.  To control the finances and property of the corporation.

      3.  To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.


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ê1969 Statutes of Nevada, Page 1306 (Chapter 644, SB 354)ê

 

      4.  To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.

      5.  To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the council shall determine; and the said council may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds to an amount in excess of 40 percent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip, or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 10 percent of the assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light and heat. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The city council shall have the power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in said manner. The city council shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the council and mayor, or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest, and time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for four consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said council will pass an ordinance providing for said bond issue. At the first regular meeting of the council, or any adjournment thereof, after the completion of said publication, the council shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said council signed by not less than 10 percent of the qualified electors of the said city as shown by the last preceding registration list and representing not less than 5 percent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 10 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed; then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast as per paragraph 6, section C. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said council pursuant to a majority vote in favor of said ordinance.


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ê1969 Statutes of Nevada, Page 1307 (Chapter 644, SB 354)ê

 

and election, or (2) if such petition be filed and election had, then if passed by said council pursuant to a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said council at any time prior to the date of meeting set in said published notice.

      6.  “Water, sewer, and electric light and power revenue bond law of North Las Vegas.”

      Section A.  That wherever used in this chapter, unless a different meaning clearly appears from the context, the term “undertaking” shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses; (2) used or useful in connection with the collection, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations, and equipment; and (3) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.

      Section B.  In addition to the powers which it may now have, said city shall have power under this chapter:

      1.  To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking, wholly within or wholly without the city, or partially within and partially without the city, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;

      2.  To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the city;

      3.  To prescribe, revise and collect rates, fees, tolls, or charges for the services, facilities or commodities furnished by such undertaking, and in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking;

      4.  To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extension theretofore and thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertakings so improved, bettered, or extended) or of any part of such undertaking;


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ê1969 Statutes of Nevada, Page 1308 (Chapter 644, SB 354)ê

 

      5.  When determined by its city council to be in the public interest and necessary for the protection of the public health, to enter into and perform contracts, whether long term or short term, with any industrial or mining establishment for the provision and operation by the city of sewage facilities to abate or reduce the pollution of water caused by discharges of industrial or mining waste by the industrial or mining establishment and the payment periodically by the industrial or mining establishment to the city of amounts at least sufficient, in the determination of such city council, to compensate the city for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewerage facilities serving such industrial or mining establishment.

      6.  And notwithstanding any provision of this chapter to the contrary or in conflict herewith, to accept contributions or loans from the United States of America, or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and

      7.  To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the city is created thereby; and provided, no property of the city is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the city is thereby incurred in any manner for any purpose.

      Section C.  The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking and the issuance in anticipation of the collection of the revenues of such undertaking of bonds to provide funds to pay the cost thereof may be authorized under this chapter by ordinance or resolution of the city council, which may be adopted at a regular meeting by a vote of a majority of the members elected to the city council; provided, however, that before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.010 to 350.200, inclusive. It shall not be necessary, any provisions in this charter and the laws of the State of Nevada to the contrary notwithstanding, to submit at an election, in addition to the question of issuing bonds for any of the aforesaid purposes, a question for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking. The city council, in determining such costs, may include all cost and estimated cost of the issuance of such bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period, and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this chapter.


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ê1969 Statutes of Nevada, Page 1309 (Chapter 644, SB 354)ê

 

      Section D.  Revenue bonds issued under this chapter shall bear interest at such rate or rates not exceeding [6] 7 percent per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond thirty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide. Said bonds shall be issued to the contractor in payment for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking, including all incidental expenses, or said bonds shall be sold. Said bonds may be sold at private sale to the United States of America or any agency, instrumentality, or corporation thereof. Unless issued to a contractor or sold to the United States of America or any agency, instrumentality, or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in a newspaper circulating in the city. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the city council may determine may be issued to the contractor or the purchaser or purchasers of bonds sold pursuant to this chapter. Said bonds and interim receipt or certificates shall be fully negotiable for all the purposes.

      The city council may also provide in the ordinance or resolution authorizing the issuance of bonds under this chapter that the bonds, or such ones thereof as may be specified, shall, to the extent and in the manner prescribed, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.

      Section E.  Said bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be officers of the city issuing the same. The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking for which said bonds are issued. The ordinance or resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

      Section F.  Any ordinance or resolution authorizing the issuance of bonds under this chapter, to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of an undertaking, may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this chapter) as to:

      (a) The rates, fees, tolls, or charges to be charged for the services, facilities and commodities of said undertaking;


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ê1969 Statutes of Nevada, Page 1310 (Chapter 644, SB 354)ê

 

      (b) The use and disposition of the revenue of said undertaking;

      (c) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof;

      (d) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition of such proceeds;

      (e) Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on said bonds or on the coupons thereof;

      (f) A fair and reasonable payment by the city to the account of said undertaking for the services, facilities or commodities furnished said city or any of its departments by said undertaking;

      (g) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such undertaking;

      (h) The insurance to be carried thereon and the use and disposition of insurance moneys;

      (i) Books of account and the inspection and audit thereof;

      (j) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;

      (k) The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations;

      (l) The vesting in a trustee or trustees the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby;

      (m) A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent must be given;

      (n) The manner of collecting the rates, fees, tolls, or charges for the services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities of the undertaking, as well as any other services, facilities, or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities or commodities of the undertaking are not paid. Nothing in this section or in any other section of this chapter shall be deemed in any way to authorize any city to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation, or restriction of the constitution relating to the creating or incurring of a debt or indebtedness or the issuance of an instrument constituting a bond or a debt.


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ê1969 Statutes of Nevada, Page 1311 (Chapter 644, SB 354)ê

 

      Section G.  Revenue bonds issued under this chapter shall not be payable from or charged upon any funds, other than the revenue pledged to the payment thereof, nor shall the city issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the city, nor shall any such bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the city. Each bond issued under this chapter shall recite in substance that said bond, including the interest thereon, is payable solely from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the city within the meaning of any constitutional, statutory, or charter limitation.

      Section H.  In the event that the city shall default in the payment of the principal or interest of any of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the city or the city council or officers, agents or employees thereof shall fail or refuse to comply with the provisions of this chapter or shall default in any agreement made with the holders of the bonds, any holders of bonds, or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.

      Upon such application such state court may appoint, and if the application is made by the holders of twenty-five per centum (25%) in principal amount of such bonds then outstanding, or any trustee for holders of such bonds in such principal amount, shall appoint a receiver of the undertaking. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the undertaking and each and every part thereof, and may exclude the city, its city council, officers, agents, and employees and all persons claiming under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the city or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the city with respect to the undertaking as the city itself might do. Such receiver shall maintain, restore, insure, and keep insured, the undertaking, and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient, and shall establish, levy, maintain and collect such fees, tolls, rentals, and other charges in connection with the undertaking as such receiver may deem necessary or proper and reasonable, and shall collect and receive all revenues and shall deposit the same in a separate account, and apply such revenues so collected and received in such manner as the court shall direct.

      Whenever all that is due upon the bonds, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with bond holders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the city, the same right of the holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided.


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ê1969 Statutes of Nevada, Page 1312 (Chapter 644, SB 354)ê

 

and under any of the terms of any covenants or agreements with bond holders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the city, the same right of the holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Such receiver shall, the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.

      Section I.  Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power for the equal benefit and protection of all holders of bonds similarly situated:

      (a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the city and its city council, and any of its officers, agents, or employees, and to require and compel such city or such city council, or any such officers, agents, and employees to perform and carry out its and their duties and obligations under this chapter, and its and their covenants and agreements with bondholders;

      (b) By action or suit in equity to require the city and city council thereof to account as if they were the trustee of an express trust;

      (c) By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders;

      (d) Bring suit upon the bonds.

      No right or remedy conferred by this chapter upon any holder of bonds, or any trustee therefor, is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.

      Section J.  The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter shall not affect the powers conferred by any other general or special law or charter provision. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended notwithstanding that any special or general law or charter provision may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking and without regard to the requirement, restrictions, debt, or other limitations or other provisions contained in any other general or special law or charter provision, including, but not limited to, any restriction or limitation on the incurring of indebtedness of the issuance of bonds.


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ê1969 Statutes of Nevada, Page 1313 (Chapter 644, SB 354)ê

 

limitation on the incurring of indebtedness of the issuance of bonds. Insofar as the provisions of this chapter are inconsistent with the provisions of any other general or special law or charter provision, the provisions of this chapter shall be controlling, except as otherwise herein provided.

      7.  To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.

      8.  To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.

      9.  To fix the amount of licenses and terms and manner of their issuance.

      10.  To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or in part within the city, including all theatres, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells, or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products, of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.

      To prohibit and suppress all dogfights, prize fights, cockfights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.

      To fix, impose and collect a license tax of street cars, telephones, gas meters, electric meters, water meters, or any other similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.


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ê1969 Statutes of Nevada, Page 1314 (Chapter 644, SB 354)ê

 

measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.

      To fix, impose and collect a license tax on and regulate all lawful professions, trades and callings, and business whatsoever, including grocers, merchants or any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationary stores, confectionary stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls or other mechanical devices, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors, or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any kind and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, drygoods stores of every, any and all kinds, boot and shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands or shops, abstract or title companies or persons furnishing abstract of title, iron works, notion and notion shops, pipe and tobacco shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.

      11.  To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles, and all automobiles, taxicabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles.


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ê1969 Statutes of Nevada, Page 1315 (Chapter 644, SB 354)ê

 

job wagons and other public vehicles, and all automobiles, taxicabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses.

      12.  To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.

      13.  To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.

      14.  To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

      15.  To prevent and remove obstructions and encroachments upon the same.

      16.  To provide for and regulate crosswalks, curbs and gutters.

      17.  To name streets, avenues, or other public places, and to change the names thereof.

      18.  To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.

      19.  To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow or obstructions.

      20.  To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.

      21.  To regulate and prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.

      22.  To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.

      23.  To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.

      24.  To regulate the operation of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding within the limits of the corporation.

      25.  To regulate or prohibit any public demonstrations and processions.

      26.  To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues, and public places.

      27.  To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams of horses.

      28.  To regulate the ringing of bells, blowing of horns, bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the street or sidewalks.


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ê1969 Statutes of Nevada, Page 1316 (Chapter 644, SB 354)ê

 

of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the street or sidewalks.

      29.  To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.

      30.  To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through, or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, streetcar tracks and connecting and terminal tracks.

      31.  To declare a nuisance, to take up and remove, or cause to be taken up and removed, the tracks of any railway, which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.

      32.  To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossing of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.

      33.  To require railroad companies to provide protection against injury to persons or property, to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such track may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.

      34.  To provide the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

      35.  To regulate the use of public streets, alleys, avenues, rights-of-way, easements and public places for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.

      36.  To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or associations, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of the said city.

      37.  To provide for the lighting of the streets, laying down of gas pipes and erecting lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power.

      38.  To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.

      39.  To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.


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ê1969 Statutes of Nevada, Page 1317 (Chapter 644, SB 354)ê

 

maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.

      40.  To regulate and control the water and watercourses, ditches, flumes, within or leading to the city, and to regulate and control mill privileges within the city.

      41.  To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.

      42.  To fix the rate to be paid for the use of water furnished by the city, such rate to be fixed in accordance with the provisions of this act.

      43.  To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.

      44.  To regulate the construction, repair and use of vats, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.

      45.  To establish markets and market-houses, and to provide for the regulation and use thereof.

      46.  To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.

      47.  To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.

      48.  To provide for the inspection, measurement, or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.

      49.  To provide for the inspection and sealing of weights and measures.

      50.  To enforce the keeping and use of proper weights and measures by vendors.

      51.  To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.


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ê1969 Statutes of Nevada, Page 1318 (Chapter 644, SB 354)ê

 

      52.  To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.

      53.  To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, hide or junk warehouses, soap factories, foundries, breweries, distilleries, livery stables and blacksmith shops in, or within one mile of the limits of, the corporation.

      54.  To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pigsty, barn, corral, sewer or other unwholesome house or place, to cleanse, abate, or remove the same, and to regulate the location thereof.

      55.  To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporation limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.

      56.  To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.

      57.  To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons, and others for default therein.

      58.  To provide for the burial of the indigent dead and to pay the expenses thereof.

      59.  To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.

      60.  To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.

      61.  To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.

      62.  To prescribe the manner of constructing stone, brick, and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.


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ê1969 Statutes of Nevada, Page 1319 (Chapter 644, SB 354)ê

 

appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.

      63.  To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.

      63 1/2.  To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connected therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zone, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction and which application shall be subject to approval or rejection or limited or provisional approval in the discretion of said city council if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsection 61, 62 and 63 of said section 33 of chapter 2 of said act; provided, however that said building code may be adopted by resolution of said city council and thereafter amended, changed, enlarged, or extended by resolution of said council, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for such purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said council shall cause a brief notice of such adoption to be published at least twice in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said council requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.

      64.  To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.

      65.  To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.

      66.  To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.


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ê1969 Statutes of Nevada, Page 1320 (Chapter 644, SB 354)ê

 

      67.  Except as otherwise provided by law to provide for the organization and support of a fire department, to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the council may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.

      68.  To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.

      69.  To prohibit cruelty to animals.

      70.  To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound keeper, and prescribe his duties, and to restrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals after the payment of all costs, shall go to the city treasury to be disposed of according to law.

      71.  To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the council may deem proper.

      72.  To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.

      73.  To prevent intoxication, fighting, quarreling, dogfights, cockfights, prize fights, bull fights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled is obtained by false pretense does not exceed in value the sum of one hundred dollars.

      74.  To regulate and prohibit the carrying of concealed weapons.

      75.  To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.


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ê1969 Statutes of Nevada, Page 1321 (Chapter 644, SB 354)ê

 

      76.  To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed, or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes; and also to punish, prohibit and regulate the use, possession, sale, gift or other disposition of narcotic drugs in the city, including but not limited to cannabis, indica, cocaine, yen shee, morphine, marihuana, codeine, heroin, anhalonium (peyote or mescal button).

      77.  To provide for and regulate the numbering of houses and lots.

      78.  To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the council shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.

      79.  To erect, lease, acquire, and maintain all needful buildings for the use of the city.

      80.  The city council shall have the power to condemn property for public use.

      81.  To declare by ordinance that any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the City of North Las Vegas whenever such offense is committed within the boundaries of said city.

      82.  To issue or deny licenses for gaming houses or gaming games and bars, saloons, or any other place or places where alcoholic beverages are sold, and to suspend or revoke any such licenses issued when there is, in the judgment of the majority of the city council, sufficient reason for such suspension or revocation.

      Sec. 26.  Section 4 of article XVIII of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 204, Statutes of Nevada 1937, and last amended by chapter 246, Statutes of Nevada 1967, at page 731, is hereby amended to read as follows:

      Section 4.  1.  The city council shall have the power to purchase, construct, reconstruct, condemn, install, alter, enlarge, extend, improve, better, equip, furnish, or otherwise acquire one or more of the following facilities, together with necessary components, appurtenances and sites therefor, to wit:

      (a) A sanitary sewer system, storm sewer system, municipal transportation system, flood control system or drainage system;

      (b) A city hall, police stations, jails, fire stations, courthouses, garages, municipal office buildings, maintenance shops, off-street parking garages, libraries, auditoriums, convention halls, recreation centers, transportation terminals, museums, fallout shelters or public buildings;

      (c) Parks, zoos, golf courses, swimming pools, skating rinks or recreational structures;

      (d) Airports, garbage disposal facilities, parking lots or public projects;

      (e) Streets, alleys, boulevards, highways, overpasses, underpasses, curbs, gutters, sidewalks, bridges or facilities for pedestrian or vehicular traffic;

 


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ê1969 Statutes of Nevada, Page 1322 (Chapter 644, SB 354)ê

 

curbs, gutters, sidewalks, bridges or facilities for pedestrian or vehicular traffic;

      (f) Vehicles or equipment for any department of the city;

and to wholly or partially defray the cost thereof by the issuance of debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds or notes (hereafter sometimes collectively referred to in this section as “securities”), or to issue such securities for any other corporate purpose or purposes as may be determined by the council, subject, however, to constitutional limitations. Any power granted by Section 4 of Article XVIII may be exercised on one or more occasions and, if the council deems it appropriate, jointly with any other power granted by said section.

      2.  The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this section as “tax proceeds”) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as “other revenues of the city”). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created to additionally secure their payment. The council shall, in the manner provided by law, including without limitation [NRS 350.250,] the Local Government Securities Law as from time to time amended make an annual levy sufficient to meet the payments of principal and interest on securities issued pursuant to subsection 2 of Section 4 of Article XVIII, as the same become due, provided that the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent that other revenues of the city are available for the payment of such principal and interest.

      3.  As an alternative to the procedure prescribed by subsection 2 of Section 4 of Article XVIII, the council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and subject to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged. Subject to being included within the limitation on indebtedness of Section 3, Article XVI, their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine.

      4.  Securities issued pursuant to Section 4 of Article XVIII shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, and shall mature at any time or times from and after such date or dates as the Council may determine, but in no event shall any security be issued to run for a longer period than 30 years from the date of such security.


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ê1969 Statutes of Nevada, Page 1323 (Chapter 644, SB 354)ê

 

period than 30 years from the date of such security. Said securities shall bear interest at a rate or rates not exceeding [6] 7 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first interest payment date appertaining to any security may be at any time within 1 year from the date of such security as may be prescribed by the authorizing ordinance; and said securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the State as determined by the council; and said securities, at the option of the council, may be in one or more series and may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of each security so redeemed as determined by the council.

      5.  Each series of securities issued pursuant to subsection 2 of Section 4 of Article XVIII shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or in any other manner the council may determine.

      6.  Each series of securities issued pursuant to subsection 3 of Section 4 of Article XVIII may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified nor the estimated duration of any revenues pledged to the payment of said securities, whichever is earlier.

      7.  Securities issued pursuant to Section 4 of Article XVIII, shall be negotiable in form, fully negotiable within the meaning of and for all purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities, and payable to bearer, subject to any provisions for their registration for payment. Securities may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at the holder’s option, or for registration for payment only in either manner designated; and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon or for reconverting the securities into coupon securities, or both for such endorsement and such reconversion. Unless registered for payment as to both principal and interest and there thus be no coupons, said securities shall have negotiable interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each set of coupons attached to any security, if interest on said security is represented by coupons, shall be consecutively numbered and each coupon shall bear the number of the security to which it is attached. Said securities shall be signed by the mayor of the city, countersigned by the county treasurer as ex officio city treasurer, and signed and attested by the city clerk, with the seal of the city affixed thereto, and coupons, if any, shall bear the facsimile signature of said treasurer.


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ê1969 Statutes of Nevada, Page 1324 (Chapter 644, SB 354)ê

 

signed and attested by the city clerk, with the seal of the city affixed thereto, and coupons, if any, shall bear the facsimile signature of said treasurer. Any of said officers, after filing with the secretary of state his or her manual signature certified under oath, may execute or cause to be executed with a facsimile signature in lieu of his or her manual signature any security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed. The clerk of the city may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile on any security. A facsimile signature or facsimile seal shall have the same legal effect as if manually signed or impressed upon the security or coupon, as the case may be. The securities and any coupons thereto attached, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices. Any officer herein authorized or permitted to sign any security or interest coupon, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the securities or coupons appertaining thereto, or upon both the securities and such coupons.

      8.  Securities issued pursuant to Section 4 of Article XVIII shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by said ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.

      9.  Any ordinance authorizing the issuance of securities pursuant to subsections 2 or 3 of Section 4 of Article XVIII or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:

      (a) The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.

      (b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.

      (c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.


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ê1969 Statutes of Nevada, Page 1325 (Chapter 644, SB 354)ê

 

any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.

      (d) A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.

      (e) The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.

      (f) The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.

      (g) The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.

      (h) The determination or definition of revenues from any revenue-producing project or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.

      (i) The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.

      (j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.

      (k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.

      (l) Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.

      (m) The vesting in a corporate or other trustee or trustees such property rights, powers and duties in trust as the city may determine which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.

      (n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.

      (o) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.

      (p) Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.


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ê1969 Statutes of Nevada, Page 1326 (Chapter 644, SB 354)ê

 

rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.

      (q) The terms and conditions upon which the holders of the securities, or any portion, percentage or amount of them, may enforce any covenants or provisions made hereunder or duties imposed thereby.

      (r) The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the revenue-producing project, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.

      (s) A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.

      (t) The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

      (u) All such acts and things as may be necessary or convenient or desirable in order to secure the city’s securities, or in the discretion of the council tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the city power to do all things in the issuance of securities and for their security except as herein specifically limited.

      10.  Before offering securities issued pursuant to subsection 2 or subsection 3 of Section 4 of Article XVIII for public sale or before adopting an ordinance authorizing the issuance of such securities which have been privately sold, the council shall submit the question of issuing said securities to the electors of the city at a general election or at a special election which the council may call for that purpose. The question to be submitted at said election shall contain the [the] purpose or purposes for which the securities are to be issued, the maximum amount of the securities, the maximum rate of interest, not to exceed [6] 7 percent per annum, the maximum number of years which the securities are to run, and such other details as the council may, in its discretion, determine. Whenever the council has ordered an election, the city clerk shall cause notice of the election to be published in some newspaper having a general circulation in the city once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election. Except as hereafter provided, the notice of election shall contain:

      (a) The time and places of holding the election.

      (b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.

      (c) The purposes for which the securities are issued.


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ê1969 Statutes of Nevada, Page 1327 (Chapter 644, SB 354)ê

 

      (d) The maximum amount of the securities.

      (c) The maximum rate of interest, not to exceed [6] 7 percent per annum.

      (f) The maximum number of years which the securities are to run. If the election is consolidated with the general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election. Such election shall be held and conducted as nearly as possible as provided by NRS 350.020 to 350.070, both inclusive, as from time to time amended and supplemented, and, to the extent not inconsistent herewith, in the manner provided for the election of city officers. No ordinance, resolution, question of issuing securities or other proceeding of the council adopted in the exercise of the powers conferred by this Section 4 of Article XVIII shall be subject to any referendum or other vote of the electors.

      11.  The council is hereby authorized to sell such securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS [350.120 to 350.160,] 350.616 to 350.626, both inclusive, as from time to time amended, or at private sale. Securities shall be sold for not less than the principal amount thereof and accrued interest thereon, or, at the option of the governing body, below par at a discount of not exceeding [6] 7 percent of the principal amount thereof and at a price which will not result in [a net interest rate to the municipal corporation] an effective interest rate of more than [6] 7 percent per annum. [computed to maturity according to standard tables of bond values including as a part of such rate the amount of discount permitted by the governing body on the sale of the bonds.] No discount or commission shall be allowed or paid on the sale of such bonds (except as herein otherwise provided). The council may employ legal, financial, engineering and other expert services in connection with any purpose for which the bonds are authorized and with the authorization, sale and issuance of the securities.

      12.  This Section 4 of Article XVIII, without reference to other statutes of the state, except as herein otherwise specifically provided, shall constitute full authority for the acquisition of facilities and the authorization and issuance of securities hereunder. Except as provided by Section 3 of Article XVI of this charter, no other statute or law or provision of this charter with regard to the acquisition of facilities and the authorization or issuance of securities that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this Section 4 of Article XVIII shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this Section 4 of Article XVIII shall not affect the powers conferred by any other provision of this charter. No part of this Section 4 of Article XVIII shall repeal or affect any other law or part thereof, it being intended that this Section 4 of Article XVIII shall provide a separate method for the city of accomplishing its objectives, and not an exclusive one and this Section 4 shall not be construed as repealing, amending or changing any such other law. This Section 4 of Article XVIII shall have no application and shall not operate as a limitation on special assessment or local improvement securities issued pursuant to any general or special act.


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ê1969 Statutes of Nevada, Page 1328 (Chapter 644, SB 354)ê

 

as a limitation on special assessment or local improvement securities issued pursuant to any general or special act.

      Sec. 27.  Section 15.01 of article XV of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 140, Statutes of Nevada 1967, at page 261, is hereby amended to read as follows:

      Section 15.01.  1.  The city council shall have the power to borrow money from time to time to defray, wholly or in part, the cost of acquiring the facilities, or for any other public purpose as determined by the city council, notwithstanding that such purpose is not otherwise enumerated in this charter or any other general or special act, and to issue debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds and notes (hereafter sometimes collectively referred to in this article as “securities”) to evidence such borrowing.

      2.  The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this section as “tax proceeds”) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as “other revenues of the city”). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created additionally to secure their payment.

      3.  The council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged, and their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine. Securities issued pursuant to this subsection 3 or the next-preceding subsection 2 of this section 15.01 shall not be construed to be a debt within the meaning of any statutory or charter limitation.

      4.  (a) Each series of securities shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, shall mature at any time or times from and after such date or dates, but in no event exceeding 35 years thereafter, and shall bear interest at a rate or rates not exceeding [6] 7 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons appertaining to any securities may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the state as determined by the council; and such securities, at the option of the council, may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of such securities so redeemed as determined by the council.


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ê1969 Statutes of Nevada, Page 1329 (Chapter 644, SB 354)ê

 

such securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the state as determined by the council; and such securities, at the option of the council, may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of such securities so redeemed as determined by the council.

      (b) Each series of securities issued pursuant to subsection 2 of this section 15.01 shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city; but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or at the option of the council without limitation as to the manner in which they mature.

      (c) Each series of securities issued pursuant to subsection 3 of this section 15.01 may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified.

      (d) Securities may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon; and the securities generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into securities of other denominations, and with such other details, as may be provided by the council in the ordinance or ordinances authorizing the securities, except as herein otherwise provided.

      (e) Pending preparation of the definitive securities, interim or temporary securities, in such form and with such provisions as the council may determine, may be issued.

      (f) Except for payment provisions herein expressly provided, the securities, any interest coupons thereto attached, and such interim or temporary securities shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities.

      (g) Notwithstanding any other provision of law, the council, in any proceedings authorizing securities hereunder:

             (1) May provide for the initial issuance of one or more securities (in this paragraph (g) called “bond”) aggregating the amount of the entire issue or any portion thereof.

             (2) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable.

             (3) May provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.


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ê1969 Statutes of Nevada, Page 1330 (Chapter 644, SB 354)ê

 

             (4) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into securities of smaller denominations, which securities of smaller denominations may in turn be either coupon securities or securities registrable as to principal, or both principal and interest, at the option of the holder.

      (h) If lost or completely destroyed, any security may be reissued in the form and tenor of the lost or destroyed security upon the owner’s furnishing, to the satisfaction of the council:

             (1) Proof of ownership.

             (2) Proof of loss or destruction.

             (3) A surety bond in twice the face amount of the security and coupons.

             (4) Payment of the cost of preparing and issuing the new security.

      (i) Any security shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the treasurer, with the seal of the city affixed thereto and attested by the clerk.

      (j) Except for such securities which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the securities and shall bear the original or facsimile signature of the treasurer.

      (k) Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.

      (l) The clerk may cause the seal of the municipality to be printed, engraved, stamped or otherwise placed in facsimile on any security. The facsimile seal has the same legal effect as the impression of the seal.

      (m) The securities and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.

      (n) Any officer herein authorized or permitted to sign any security, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the security or coupons pertaining thereto, or upon both the security and such coupons.

      (o) The securities shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by the ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.

      5.  Any ordinance authorizing the issuance of securities pursuant to subsection 2 or 3 of this section 15.01 or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:

 


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ê1969 Statutes of Nevada, Page 1331 (Chapter 644, SB 354)ê

 

subsection 2 or 3 of this section 15.01 or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:

      (a) The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.

      (b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.

      (c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.

      (d) A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.

      (e) The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.

      (f) The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.

      (g) The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.

      (h) The determination or definition of revenues from any revenue-producing project or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and imitations upon paying such expenses.

      (i) The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.

      (j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.


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ê1969 Statutes of Nevada, Page 1332 (Chapter 644, SB 354)ê

 

      (k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.

      (l) Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.

      (m) The vesting in a corporate or other trustee or trustees of such property rights, powers and duties in trust as the city may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.

      (n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.

      (o) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.

      (p) Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.

      (q) The terms and conditions upon which the holders of the securities or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby.

      (r) The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the revenue-producing project, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.

      (s) A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.

      (t) The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

      (u) All such acts and things as may be necessary or convenient or desirable in order to secure the city’s securities, or in the discretion of the council tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the city power to do all things in the issuance of securities and for their security except as herein specifically limited.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1333 (Chapter 644, SB 354)ê

 

      6.  The council is hereby authorized to sell securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS [350.120 to 350.160,] 350.616 to 350.626, inclusive, or at private sale. The council may employ legal, fiscal, engineering and other expert services in connection with the authorization, issuance and sale of such securities.

      7.  Except as hereinafter provided, the question of the issuance of such securities shall be submitted to, and carried by a majority vote of, both the real property owners and their spouses and also the other qualified electors of the city voting thereon at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.020 to 350.070, inclusive, and the general laws of the state; but the council may dispense with the requirement for an election by the unanimous vote of all members of the council (excluding the mayor) and submit a resolution authorizing the securities to the referendum procedure hereafter provided. In that event, and in the case of every franchise (no election being required on franchises except as hereafter provided), the council shall first pass a resolution which shall set forth fully, and in detail, the purpose or purposes of the proposed securities, the terms, amount, maximum rate of interest, and time within which redeemable and on what fund; or the applicant for, the purpose and character of, terms, time, and conditions of the proposed franchise, as the case may be. Such resolution shall be published in full in some newspaper published in the city or county, for at least two publications in the 2 weeks succeeding its passage. On the first regular meeting of the council, after the expiration of the period of such publication, the council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the issuing of the securities, or the granting of the franchise, as the case may be; provided, that such securities shall be issued or franchise granted, as the case may be, only on substantially the same terms and conditions as expressed in the resolution as published; otherwise such ordinance shall be null and void.

      Sec. 28.  1.  The purpose of the legislature in enacting this section is to authorize the application of the liberalizing provisions relating to interest, discount and time of issuance or sale of public securities contained in this act to securities authorized at an election held before, but unsold upon, the effective date of this act. The legislature finds that this exercise of its plenary power is advisable in view of the highly unsatisfactory bond marketing experiences of public issuers which have resulted from an unanticipated rise in interest rates, and is necessary to avoid the postponement of essential public projects.

      2.  Notwithstanding the provisions of any other law, general or special, or of any special charter, where the issuance of any bond or other evidence of indebtedness by this state or by any political subdivision thereof has been authorized at an election held before the effective date of this act pursuant to any law then in effect, whether or not a question has been submitted to the electorate which set forth a lower maximum rate of interest, such bond or other evidence of indebtedness may be issued and sold without any further election:

      (a) At a maximum interest rate of not more than 7 percent per annum.


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ê1969 Statutes of Nevada, Page 1334 (Chapter 644, SB 354)ê

 

      (b) At a discount of not more than 7 percent of the principal amount, but the effective interest rate shall not exceed 7 percent per annum.

      (c) At any time prior to the expiration of 6 years from the date of the election authorizing such issue.

      Sec. 29.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 645, SB 466

Senate Bill No. 466–Committee on Transportation

CHAPTER 645

AN ACT relating to the authority of the public service commission of Nevada; amending provisions for fees paid by motor convoy carriers; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 8, inclusive, of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  1.  Any person electing to pay license fees under the provisions of NRS 706.550, 706.560 or 706.580 shall, in addition to any other penalties prescribed by this chapter, pay a $10 penalty for each and every delinquent tax return or report.

      2.  A tax return or report is considered delinquent when it has not been received by the department by the due date of the following month’s tax return, or quarterly report, as prescribed by this chapter, or by rules and regulations of the department. Such payment shall be deemed received on the date shown by the post office cancellation mark stamped upon an envelope containing such payment properly addressed to the department, if such date is earlier than the date of actual receipt.

      Sec. 4.  Any person electing to pay license fees under the provisions of NRS 706.560, 706.580 or 706.835 shall purchase the necessary temporary licenses, through the first available vendor upon entry into the State of Nevada.

      Sec. 5.  1.  No injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against this state or any officer thereof to prevent or enjoin the collection under this chapter of any tax fee or other fee required to be collected.

      2.  After payment of any such tax fee or other fee under protest, duly verified and setting forth the grounds of objection to the legality thereof, filed with the department at the time of payment of the tax or other fee protested, the person making the payment may bring an action against the state in the district court in and for Carson City for the recovery of the amount paid under protest.

      Sec. 6.  1.  No action authorized by subsection 2 of section 5 of this act may be instituted more than 90 days after payment under protest has been made. Failure to bring suit within the 90 days constitutes a waiver of any and all demands against the state on account of alleged overpayments.


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ê1969 Statutes of Nevada, Page 1335 (Chapter 645, SB 466)ê

 

a waiver of any and all demands against the state on account of alleged overpayments.

      2.  No grounds for refund may be considered by the court other than those set forth in the protest filed at the time of such payment.

      Sec. 7.  1.  If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any tax fee or other fee due from the plaintiff under this chapter, and the balance of the judgment shall be refunded to the plaintiff.

      2.  On any such judgment, interest shall be allowed at the rate of 7 percent per annum upon the amount ordered to be refunded, from the date of payment of such amount to the date of allowance of credit on account of such judgment or to a date preceding the date of the refund warrant by not more than 30 days, such date to be determined by the department.

      Sec. 8.  No judgment may be rendered in favor of the plaintiff in any action brought against the state to recover any amount paid under this chapter when the action is brought by or in the name of an assignee of the person paying such amount.

      Sec. 9.  NRS 706.010 is hereby amended to read as follows:

      706.010  As used in NRS 706.010 to 706.700, inclusive, and sections 3 to 8, inclusive, of this act, the words and terms defined in NRS 706.015 to 706.125, inclusive, shall have the meanings ascribed to them therein, unless the context otherwise requires.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  (Deleted by amendment.)

      Sec. 12.  NRS 706.605 is hereby amended to read as follows:

      706.605  Whenever any cab card, [number] decal or [number] plate is lost or destroyed and a [duplicate thereof] replacement therefor is issued upon application the following fees shall be paid:

 

For a cab card............................................................................................                $2

For a [number] decal.................................................................................                   2

For a [number] plate.................................................................................                   2

 

      Sec. 13.  NRS 706.640 is hereby amended to read as follows:

      706.640  1.  [Upon application for refund to the department by any person who has theretofore paid the required license fees, as prescribed in NRS 706.010 to 706.700, inclusive, claiming that the license fees so paid have been collected unlawfully, the department shall immediately commence an investigation to determine if the application or refund is justified, and may in its discretion conduct a hearing in the same manner as other hearings are conducted.

      2.  If, after investigation or hearing, the department finds that the refund as claimed is justified in whole or in part, it shall authorize the state controller to draw his warrant for the sum of the refund, and the state treasurer is hereby authorized to pay the warrant of the state controller. The refund shall be taken and paid from the state highway fund then remaining in the state treasury.] If, through negligence or mistake of law, the department collects or receives any license fee, penalty or interest in excess of the amount imposed under this chapter, such excess tax, penalty or interest shall be refunded to the person paying it. Written application for refund, stating the specific grounds therefor, shall be made within 2 years after the date of payment.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1336 (Chapter 645, SB 466)ê

 

years after the date of payment. Such time limitation applies whether the payment was made voluntarily or under protest.

      2.  No refund may be made to successors or assigns in business of the person making the payment. Refunds may be made to an estate or heir of such person if written application is made within the time limit and accompanied by proper authority from a probate court.

      3.  Any amount determined to be refundable by the department shall first be credited on any amounts then due and payable from the licensee to whom the refund is due, and the department shall then certify to the state board of examiners the balance thereof.

      4.  All amounts refunded under the provisions of this chapter shall be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.

      Sec. 14.  NRS 706.680 is hereby amended to read as follows:

      706.680  1.  Notwithstanding the provisions of NRS 482.320 and the provisions of NRS 706.070 [, 706.330] and 706.560, such sections relating to motor convoy carriers, it shall be lawful for any manufacturer or dealer in motor vehicles, as such are defined in NRS 706.080, having an established place of business in this state to operate, drive or tow any such motor vehicles over and along the public highways of this state, when such motor vehicles are to be sold, exchanged or stored for the purpose of sale or exchange, without first securing from the department the license and paying the motor convoy fee therefor.

      2.  No such manufacturer or dealer shall operate, drive or tow any such motor vehicle unless there are attached thereto the motor vehicle dealers’ license plates required by law of all such manufacturers or dealers, or a permit from the department provided for in NRS 482.3211 and 482.3212.

      Sec. 15.  NRS 706.870 is hereby amended to read as follows:

      706.870  1.  If the department is not satisfied with the records, statements or amount of fees paid by any person, pursuant to the provisions of NRS 706.010 to 706.860, inclusive, it may make an additional or estimated assessment of fees due from such person based upon any information available to it. Every such additional or estimated assessment shall bear interest at the rate of 1 percent per month, or fraction thereof, from the date such additional assessment is imposed until paid.

      2.  If any part of a deficiency for which an additional assessment is imposed is found to be caused by negligence or intentional disregard of the provisions of NRS 706.010 to 706.860, inclusive, or the rules and regulations of the department adopted pursuant thereto, a penalty of 10 percent of the amount of such additional assessment shall be added thereto. If any part of such deficiency is found to be caused by fraud or an intent to evade this chapter or rules and regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of the additional assessment shall be added thereto.

      3.  The department shall give such person written notice of such additional assessment. Such notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to such person at his address as it appears in the records of the department. [Except in the case of a fraudulent report, or neglect or refusal to make a report, such notice shall be served within 2 years after the additional assessment is found to be due.]


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1337 (Chapter 645, SB 466)ê

 

refusal to make a report, such notice shall be served within 2 years after the additional assessment is found to be due.] Every notice of additional assessment shall be served within 2 years after the allegedly erroneous report was filed.

      4.  Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department for a redetermination within 15 days after service of such notice. If such a petition is not filed with the department within such period, such assessment shall become final.

      5.  If a petition for redetermination is filed within such period, the department shall reconsider the assessment and, if the petitioner so requests, shall grant him an oral hearing and give him 10 days’ notice of the time and place of such hearing. The department may continue such hearing from time to time as may be necessary.

      6.  The order [of decision] of the department upon such a petition shall become final 15 days after service of notice thereof. If any additional assessment is not paid on or before the date it becomes final, there shall be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the additional assessment.

      Sec. 16.  NRS 706.850 is hereby amended to read as follows:

      706.850  [1.]  Every operator of vehicles the fees for or upon which are paid pursuant to NRS 706.730 to 706.860, inclusive, shall maintain such records as will substantiate and justify the fees paid under NRS 706.730 to 706.860, inclusive. Such records shall also conform to applicable rules and regulations.

      The failure to keep such records or to disclose them to the department collecting the fee or to pay the fees shall make the provisions of NRS 706.730 to 706.860, inclusive, inapplicable to such person during the year for which such failure occurs, and such person shall thereupon be subject to all fees upon or for vehicles operated by him during such year, together with any applicable interest and penalties thereon less any service charges actually paid for such vehicles for such year, as if NRS 706.730 to 706.860, inclusive, had never been enacted and as if there were no reciprocity.

      [2.  Every operator of vehicles the fees for or upon which are paid pursuant to NRS 706.730 to 706.860, inclusive, shall pay the costs of an audit by the department or its duly appointed representative at the operator’s home office.]

      Sec. 17.  NRS 706.330 is hereby repealed.

 

________


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ê1969 Statutes of Nevada, Page 1338ê

 

CHAPTER 646, SB 480

Senate Bill No. 480–Committee on Federal, State and Local Governments

CHAPTER 646

AN ACT relating to the City of Winnemucca, Nevada; authorizing the city to acquire, improve, equip, operate and maintain an electric power distribution system and the issuance of bonds therefor; providing for the payment of such bonds and additionally securing their payment by a pledge of municipal revenues; concerning other securities pertaining to such distribution system; otherwise concerning powers, duties, rights, privileges, immunities, liabilities, disabilities, limitations and other details in connection therewith; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  The legislature finds as facts that:

      1.  There are but four cities in this state, including the City of Winnemucca, which are incorporated pursuant to chapter 266 of NRS;

      2.  The situation of each such city with respect to its supply of electric power is different; and

      3.  A general law cannot therefore be made applicable to the acquisition of a suitable source of electric power for the City of Winnemucca.

      Sec. 2.  Except as otherwise provided in this act, terms used or referred to in this act are as defined in the Local Government Securities Law; but the definitions in sections 3 to 8, inclusive, of this act, except where the context otherwise requires, govern the construction of this act.

      Sec. 3.  “City” means the City of Winnemucca, Nevada.

      Sec. 4.  “City council” means the city council of the City of Winnemucca, Nevada.

      Sec. 5.  “Electric power distribution system” means facilities pertaining to a municipal electric heat, light and power system for the transportation and distribution of electrical energy, including without limitation towers, conduits, transmission lines, meters, poles, resistors, transformers, apparatus, tools, equipment, fixtures, structures, buildings and other electric energy transmission and distribution facilities (or any combination thereof). An electric power distribution system may consist of any kinds of property, including without limitation grounds and other real property as a site or sites for any capital improvements or otherwise pertaining to a system.

      Sec. 6.  “Equipment” or “equip” means the furnishing of all necessary, desirable, useful, related or appurtenant furniture, fixtures and other facilities (or any combination thereof) pertaining to an electric power distribution system, or any interest therein, and includes the acquisition of passenger cars, pickups, other trucks and other motor vehicles for use by the city in connection with such electric power distribution system.

      Sec. 7.  “Property” means real property, personal property, mixed property or any other property (or any combination thereof).

      Sec. 8.  “Real property” means:

      1.  Land, including land under water.

      2.  Buildings, structures, fixtures and improvements on land.

      3.  Any property appurtenant to or used in connection with land.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1339 (Chapter 646, SB 480)ê

 

      4.  Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including without limitation rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.

      Sec. 9.  1.  Notwithstanding the provisions of NRS 266.290 or any other statute, the city council, upon the behalf of the city and in its name, without any election, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the city, an electric power distribution system.

      2.  The furnishing of electric current for use within and without the incorporated limits is expressly authorized.

      Sec. 10.  For the purpose of defraying wholly or in part the cost of the acquisition, improvement and equipment (or any combination thereof) of an electric power distribution system, the city council, at any time or from time to time, in the name and on the behalf of the city, may issue, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:

      1.  General obligation bonds, payable from taxes; and

      2.  General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such electric power distribution system, and if so determined by the city council further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the city or from any license or other excise taxes levied by the city for revenue, as may be legally made available for their payment.

      Sec. 11.  Subject to the provisions of section 10 of this act, in connection with any electric power distribution system the city council, as the city council may determine from time to time, may, on the behalf and in the name of the city, borrow money, otherwise become obligated, and evidence such obligations by the issuance of general obligation bonds and other general obligation securities, and in connection with such undertaking or electric power distribution system, the city council may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.

      Sec. 12.  The city issuing securities under the provisions of this act which constitute the incurrence of an additional indebtedness of the city shall not by the issuance of such securities contravene the debt limitation pertaining to the city and fixed by NRS 266.600.

      Sec. 13.  In order to insure the payment, wholly or in part, of the general obligation securities of the city the payment of which bonds is additionally secured by a pledge of the revenues derived from any such electric power distribution system and from any such excise taxes, the city council may establish and maintain, and the city council may from time to time revise, a schedule or schedules of fees, rates and charges for services or facilities, or both services and facilities, rendered by or through the electric power distribution system and a schedule or schedules of license or other excise taxes, in an amount sufficient for that purpose and also sufficient to discharge any convenant in the proceedings of the city council authorizing the issuance of any of such bonds, including any covenant for the establishment of reasonable reserve funds.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1340 (Chapter 646, SB 480)ê

 

      Sec. 14.  1.  No other act or law with regard to the authorization or issuance of bonds that requires an approval, or in any way impedes or restricts the carrying out of the acts authorized to be done in this act, shall be construed as applying to any proceedings taken under this act or acts done pursuant thereto, except as otherwise provided in this act.

      2.  The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.

      3.  No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.

      Sec. 15.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 647, SB 539

Senate Bill No. 539–Committee on Finance

CHAPTER 647

AN ACT appropriating moneys from the general fund and the state highway fund in the state treasury for the support of the state planning board in carrying out a program of capital improvements for the State of Nevada; stating the powers, duties and responsibilities of the state planning board and other state officers; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  As used in this act “project No.” refers to the number of the project assigned by the state planning board in its recommended schedule of priorities for capital improvements, and addenda thereto, for the 1969-1971 biennium, submitted to the governor and the legislature on January 20, 1969, and thereafter pursuant to the provisions of NRS 341.160.  

      Sec. 2.  Upon the passage and approval of this act there is hereby appropriated from the general fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements set forth in sections 3 to 34, inclusive, of this act the sum of $4,594,572.

      Sec. 3.  The sum of $50,000 of the moneys appropriated in section 2 of this act is hereby allocated for advance planning of capital improvement projects (project No. 69-A).

      Sec. 4.  The sum of $108,500 of the moneys appropriated in section 2 of this act is hereby allocated for the acquisition of an additional water supply for the medium security prison in Carson City and Douglas County, Nevada (project No. 69-B).

      Sec. 5.  The sum of $212,800 of the moneys appropriated in section 2 of this act is hereby allocated for the repair of state buildings in the capitol complex, Carson City, Nevada (project No. 69-C).

      Sec. 6.  The sum of $15,600 of the moneys appropriated in section 2 of this act is hereby allocated for roof repair of the occupational therapy building at the Nevada state hospital, Sparks, Nevada (project No.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1341 (Chapter 647, SB 539)ê

 

2 of this act is hereby allocated for roof repair of the occupational therapy building at the Nevada state hospital, Sparks, Nevada (project No. 69-D).

      Sec. 7.  The sum of $150,700 of the moneys appropriated in section 2 of this act is hereby allocated for the remodeling of the supreme court and library building in the capitol complex, Carson City, Nevada (project No. 69-E).

      Sec. 8.  The sum of $200,000 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of a water distribution and interconnection system for the University of Nevada, Las Vegas (project No. 69-F).

      Sec. 9.  The sum of $591,000 of the moneys appropriated in section 2 of this act is hereby allocated for the acquisition of land for the campus of the University of Nevada, Las Vegas (project No. 69-I).

      Sec. 10.  The sum of $180,800 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of a college of education building on the campus of the University of Nevada, Las Vegas (project No. 69-L).

      Sec. 11.  The sum of $165,400 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of a physical science building, phase II, on the campus of the University of Nevada, Reno (project No. 69-M).

      Sec. 12.  The sum of $164,772 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of a national guard armory in Henderson, Nevada (project No. 69-N).

      Sec. 13.  The sum of $4,000 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of a shop and warehouse for the division of state parks of the state department of conservation and natural resources in Carson City, Nevada (project No. 69-O).

      Sec. 14.  The sum of $149,200 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of a weights and measures building for the state department of agriculture in Washoe County, Nevada (project No. 69-Q).

      Sec. 15.  The sum of $154,400 of the moneys appropriated in section 2 of this act is hereby allocated for the expansion of facilities at the medium security prison in Carson City and Douglas County (project No. 69-R).

      Sec. 16.  The sum of $184,000 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of an addition to the Nevada state museum in Carson City, Nevada (project No. 69-T), but none of the moneys so allocated may be expended by the state planning board until the board of trustees of the Nevada state museum has received the sum of $184,000 from private sources for the specific purpose of funding one-half of the construction costs of the addition to the Nevada state museum.

      Sec. 17.  The sum of $28,700 of the moneys appropriated in section 2 of this act is hereby allocated for the rehabilitation of the kitchen at the Nevada youth training center, Elko, Nevada (project No. 69-U).

      Sec. 18.  The sum of $73,300 of the moneys appropriated in section 2 of this act is hereby allocated for repairing flooring in two buildings of the Nevada state hospital, Sparks, Nevada (project No. 69-V).


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1342 (Chapter 647, SB 539)ê

 

      Sec. 19.  The sum of $35,100 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of an addition to the laundry building at the Nevada state hospital, Sparks, Nevada (project No. 69-W).

      Sec. 20.  The sum of $191,000 of the moneys appropriated in section 2 of this act is hereby allocated for site development within the capitol complex, Carson City, Nevada (project No. 69-X).

      Sec. 21.  The sum of $4,100 of the moneys appropriated in section 2 of this act is hereby allocated for the installation of concrete sidewalks along streets abutting property of the Nevada state children’s home in Carson City, Nevada (project No. 69-Y).

      Sec. 22.  The sum of $167,900 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of a dairy barn and processing plant at the Nevada state prison farm in Carson City, Nevada (project No. 69-Z).

      Sec. 23.  The sum of $678,800 of the moneys appropriated in section 2 of this act is hereby allocated for remodeling of the second floor of the capitol and octagon buildings and the completion of the third floor of the legislative building in the capitol complex in Carson City, Nevada (project No. 69-BB).

      Sec. 24.  The sum of $67,500 of the moneys appropriated in section 2 of this act is hereby allocated for the installation of air conditioning systems in two buildings at the Nevada state hospital, Sparks, Nevada (project No. 69-CC).

      Sec. 25.  The sum of $20,000 of the moneys appropriated in section 2 of this act is hereby allocated for the installation of fire dampers in the dormitories and the recovering of the gymnasium ceiling at the Nevada girls training center in Caliente, Nevada (project No. 69-DD).

      Sec. 26.  The sum of $226,538 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of a humanities building on the campus of the University of Nevada, Las Vegas (project No. 69-EE).

      Sec. 27.  The sum of $178,500 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of a college of education building on the campus of the University of Nevada, Reno (project No. 69-FF).

      Sec. 28.  The sum of $92,300 of the moneys appropriated in section 2 of this act is hereby allocated for remodeling of the administrative section of the maximum security prison in Carson City, Nevada (project No. 69-GG).

      Sec. 29.  The sum of $14,700 of the moneys appropriated in section 2 of this act is hereby allocated for repairing certain state-owned streets and parking lots in the capitol complex in Carson City, Nevada (project No. 69-II).

      Sec. 30.  The sum of $50,000 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of chemistry and lecture buildings, phase I, on the campus of the University of Nevada, Reno.

      Sec. 31.  The sum of $30,000 of the moneys appropriated in section 2 of this act is hereby allocated for the acquisition of a residence for use by the superintendent of the Nevada girls training center in Caliente, Nevada.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1343 (Chapter 647, SB 539)ê

 

by the superintendent of the Nevada girls training center in Caliente, Nevada.

      Sec. 32.  The sum of $15,000 of the moneys appropriated in section 2 of this act is hereby allocated for the acquisition of furnishings for the Southern Nevada children’s home in Boulder City, Nevada.

      Sec. 33.  The sum of $55,000 of the moneys appropriated in section 2 of this act is hereby allocated for site improvements at the Southern Nevada children’s home in Boulder City, Nevada.

      Sec. 34.  The sum of $334,962 of the moneys appropriated in section 2 of this act is hereby allocated for the construction of a performing arts building on the campus of the University of Nevada, Las Vegas.

      Sec. 35.  Upon the passage and approval of this act there is hereby appropriated from the state highway fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements set forth in sections 36 and 37 of this act the sum of $345,600.

      Sec. 36.  The sum of $341,500 of the moneys appropriated in section 35 of this act is hereby allocated for the construction of a department of motor vehicles and Nevada highway patrol building in Reno, Nevada (project No. 69-HF-A).

      Sec. 37.  The sum of $4,100 of the moneys appropriated in section 35 of this act is hereby allocated for the installation of concrete sidewalks along streets abutting property of the Nevada state children’s home in Carson City, Nevada (project No. 69-Y).

      Sec. 38.  On July 1, 1969, there is hereby appropriated from the state highway fund in the state treasury for the support of the state planning board the sum of $341,500 for the construction of a department of motor vehicles and Nevada highway patrol building in Reno, Nevada (project No. 69-HF-A).

      Sec. 39.  1.  The state planning board is hereby charged with the duty of carrying out the provisions of this act:

      (a) As provided in chapter 341 of NRS; and

      (b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in this act.

      2.  The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.

      3.  All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.

      4.  Except as provided in subsection 5 of this section, the state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for each construction project designated in this act. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1344 (Chapter 647, SB 539)ê

 

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 planning board shall not be required to advertise for sealed bids for:

      (a) Construction projects the estimated cost of which is less than $5,000; and

      (b) The completion of the third floor of the legislative building in the capitol complex in Carson City, Nevada (a part of project No. 69-BB);

but the state planning board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.

      Sec. 40.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 648, SB 547

Senate Bill No. 547–Senator Pozzi

CHAPTER 648

AN ACT to amend an act entitled, “An Act relating to Carson City; consolidating Ormsby County and Carson City into one municipal government to be known as Carson City; providing a charter therefor; and providing other matters properly relating thereto,” approved April 1, 1969.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 10.020 of the above-entitled act, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 10.020  Preliminary municipal elections.

      1.  A primary municipal election shall be held in Carson City on May 6, 1969, at which time there shall be nominated candidates for the board to be elected at a general municipal election to be held on June 3, 1969.

      2.  A candidate for such office shall file an affidavit of candidacy with the clerk between 9 a.m. on April 7, 1969, and 5 p.m. on April 18, 1969.

      3.  Notwithstanding any other provision of this charter, supervisors from wards 1 and 3 shall be elected at such general municipal election on June 3, 1969, to serve from 12 m. on July 1, 1969, until the election of their successors at the general election in November 1970, and such successors’ qualification. Such successors shall serve for terms of 4 years as provided by section 2.010.

      4.  Notwithstanding any other provision of this charter, the mayor and supervisors from wards 2 and 4 shall be elected at such general municipal election on June 3, 1969, to serve from 12 m. on July 1, 1969, until the election of their successors at the general election in November 1972, and such successors’ qualification.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1345 (Chapter 648, SB 547)ê

 

1972, and such successors’ qualification. Such successors shall serve for terms of 4 years as provided by section 2.010.

      5.  The preliminary municipal election required by this section shall, except as otherwise expressly provided in this section, be conducted as provided in Article 5 of this charter.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 649, SB 533

Senate Bill No. 533–Committee on Public Resources

CHAPTER 649

AN ACT revising certain fish and game laws; amending and repealing designated sections of chapters 501 to 505, inclusive, of NRS relating to fishing, hunting and trapping; eliminating obsolete and ambiguous provisions, incorporating modern fish and game management innovations and providing penalties; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 501.015 is hereby amended to read as follows:

      501.015  As used in this Title, “closed season” means all periods [of time] except those designated as [open season.] “open season.” During any such season it is unlawful to fish, to hunt game animals or game birds or to hunt or trap fur-bearing animals. There shall be no closed season on those species of wild animals or wild birds classified as unprotected.

      Sec. 2.  NRS 501.030 is hereby amended to read as follows:

      501.030  As used in this Title, the words “to fish” and their derivatives, “fishing” and “fished,” mean [and include] catching, taking, capturing, killing, injuring [, gaffing, dip netting and] or crippling of fish [, and the pursuing, baiting and decoying of game fish with intent to catch, capture, kill, injure, gaff, dip net, or cripple the same,] and every attempt to [catch, capture, kill, injure, gaff, dip net, cripple, pursue, bait or decoy any game fish.] do so.

      Sec. 3.  NRS 501.035 is hereby amended to read as follows:

      501.035  As used in this Title, “fur-bearing animal” means [and includes the marten or sable, fisher, beaver, wolverine, silver fox, red fox, muskrat, nutria, otter, mink and swift fox.] any animal so classified by commission regulation.

      Sec. 4.  NRS 501.040 is hereby amended to read as follows:

      501.040  As used in this Title, “game animal” means [and includes the elk, antelope, deer, mountain sheep, mountain goat, black, brown or grizzly bear, javelina, cottontail rabbit, pygmy rabbit, mountain hare, and all species of squirrels other than ground squirrels.] any animal so classified by commission regulation.

      Sec. 5.  NRS 501.045 is hereby amended to read as follows:

      501.045  As used in this Title, “game fish” means [and includes steelhead and all other trout, charr, whitefish, salmon or landlocked salmon, large-mouth and small-mouth black bass, perch, frogs, and all varieties of sunfish, crappie, bluegill, calico bass and catfish.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1346 (Chapter 649, SB 533)ê

 

varieties of sunfish, crappie, bluegill, calico bass and catfish. All other fish shall be deemed “coarse fish.”] any fish so classified by commission regulation.

      Sec. 6.  NRS 501.050 is hereby amended to read as follows:

      501.050  As used in this Title, the words “to hunt” and their derivatives, “hunting” and “hunted,” mean [the search for or pursuit of game] to search for, pursue or attract wild animals or [game] birds for the purpose and with the means of capturing [and] , injuring or killing the the same [, and shall include the shooting, killing, capturing, wounding, injuring or crippling of game animals or game birds, and the pursuing, tracking, calling, baiting and decoying of such animals or birds with the intent to shoot, kill, capture, wound, injure or cripple the same, and the disturbing or worrying of game animals or game birds whether the same results in the shooting, killing, capturing, wounding, injuring or crippling or not, and every attempt to shoot, kill, capture, wound, injure, cripple, pursue, track, call, bait or decoy such game animals or game birds,] , every attempt to capture, injure or kill wild animals or birds, and every act of assistance to any other person in [shooting, killing, capturing, wounding, injuring, crippling, pursuing, tracking, calling, baiting or decoying game animals or game birds.] capturing, injuring or killing the same.

      Sec. 7.  NRS 501.055 is hereby amended to read as follows:

      501.055  As used in this Title, “migratory game birds” means [and includes the band-tailed pigeon, the mourning dove, the white-winged dove, the Anatidae or waterfowl, commonly known as geese, brant, swans, river and diving ducks, the snipe, the rails and the coots.] any birds so classified by commission regulation.

      Sec. 8.  NRS 501.065 is hereby amended to read as follows:

      501.065  [As used in this Title, “open season” means that period of time designated by the county boards and the commission during which it shall be legal to take or attempt to take any species of game, fish, game bird, migratory game bird, game animal, or fur-bearing animal.] As used in this Title, “open season” means that period designated under the provisions of this Title during which it is legal to fish or to hunt game animals or game birds or to hunt or to trap fur-bearing animals. Such period includes the first day and last day designated. There shall be no open season on those species of wildlife classified as protected.

      Sec. 9.  NRS 501.090 is hereby amended to read as follows:

      501.090  As used in this Title, the words “to trap” and their derivatives, “trapping” and “trapped,” mean [and include the killing, catching, capturing, injuring, crippling, baiting, or decoying of any wild animal or bird, by means of any trap, net, snare. deadfall, or other device used or capable of being used for the purpose of killing, catching, capturing, injuring, crippling, baiting or decoying the same, and every attempt to kill, catch, capture, injure, cripple, bait or decoy any wild animal or bird by means of any such device, and every act of assistance to any person in killing, catching, capturing, injuring, crippling, baiting or decoying any wild animal or bird by means of any such device.] to set or operate any device, mechanism or contraption that is designed, built or made to close upon or hold fast any wild animal or wild bird and every act of assistance to any person in so doing.


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ê1969 Statutes of Nevada, Page 1347 (Chapter 649, SB 533)ê

 

upon or hold fast any wild animal or wild bird and every act of assistance to any person in so doing.

      Sec. 10.  NRS 501.095 is hereby amended to read as follows:

      501.095  As used in this Title, “upland game birds” means [and includes the sagehen and sagecock and all other grouse, wild turkey, all pheasants, bobwhite quail, mountain quail, valley quail, Gambel quail and all other quail, and Hungarian, chukar and all other partridge.] any birds so classified by commission regulation.

      Sec. 11.  NRS 501.100 is hereby amended to read as follows:

      501.100  [Wild animals, wild birds and fish]

      1.  Wildlife in this state not domesticated and in [their] its natural habitat [are] is part of the natural resources belonging to the people of the State of Nevada.

      2.  The preservation, protection, management and restoration of wildlife within the state contribute immeasurably to the aesthetic, recreational and economic aspects of these natural resources.

      Sec. 12.  NRS 501.105 is hereby amended to read as follows:

      501.105  [The commission together with the county boards shall have jurisdiction to enforce the provisions of this Title and all laws relating to game animals, fur-bearing animals, game birds, nongame birds and fish.]

      The commission shall establish policies and adopt regulations necessary to the preservation, protection, management and restoration of wildlife.

      Sec. 13.  NRS 501.110 is hereby amended to read as follows:

      501.110  1.  For the purposes of this Title, [wild animals, wild birds and fish shall be classified as follows:

      (a) Wild animals shall be classified as either game animals, fur-bearing animals, nongame animals or predatory animals.

      (b) Wild birds shall be classified as either migratory game birds, upland game birds, predatory birds or nongame birds.

      (c) Fish shall be classified as either game fish or coarse fish.

      2.]  wildlife shall be classified as follows:

      (a) Wild animals, which shall be further classified as either game animals, fur-bearing animals, protected or unprotected animals.

      (b) Wild birds, which shall be further classified as either game birds, protected birds or unprotected birds. Game birds shall be further classified as upland game birds or migratory game birds.

      (c) Fish, which shall be further classified as either game fish or protected fish or unprotected fish.

      (d) Reptiles, which shall be further classified as either protected reptiles or unprotected reptiles.

      (e) Amphibians, which shall be further classified as either game amphibians, protected amphibians or unprotected amphibians.

      2.  Protected wildlife may be further classified as rare or endangered.

      3.  Each species of wildlife shall be placed in a classification by commission regulation and, when it is in the public interest to do so, species may be moved from one classification to another, in accordance with the procedure set by chapter 233B of NRS.


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ê1969 Statutes of Nevada, Page 1348 (Chapter 649, SB 533)ê

 

      4.  Whenever it is in the public interest to do so, and upon reasonable public notice, the commission may add to or take from any of the appropriate classifications any animal, bird or fish.

      Sec. 14.  NRS 501.355 is hereby amended to read as follows:

      501.355  1.  [A member of the commission, every fish or] Every game warden throughout the state, and every sheriff and constable in his respective county is authorized and required to enforce this Title and to seize any [game or fish] wildlife taken or held in possession in violation of this Title.

      2.  Such officer shall have full power and authority:

      (a) With or without a warrant, to open, enter or examine [all camps, wagons, cars, automobiles, stages, tents, packs, warehouses, stores, outhouses, stables, barns and other places, boxes, barrels, baskets and packages] any camp, structure, aircraft, boat, vehicle, box, game bag or other package where he has reason to believe any [fish or game] wildlife taken or held in violation of any of the provisions of this Title is [or are] to be found, and to seize the same.

      (b) To seize and hold for evidence only any [fish or game] wildlife so found and any guns, ammunition, traps, snares, tackle and other illegal devices or equipment, when it appears that a violation of this Title has occurred.

      3.  A dwelling house [actually occupied] can be entered for examination only in pursuance of a warrant.

      Sec. 15.  NRS 501.360 is hereby amended to read as follows:

      501.360  1.  Every person who shall violate any of the provisions of this Title is guilty of a misdemeanor.

      2.  Every person charged with the performance of any act or duty under the provisions of this Title who shall willfully fail, refuse or neglect to perform any such act or duty at the time and in the manner directed by this Title is guilty of a misdemeanor.

      3.  Every person required to do or perform any act as a condition precedent to the privileges of this Title who shall willfully fail, refuse or neglect to do or perform any such act is guilty of a misdemeanor.

      4.  Every person doing any act or thing prohibited in this Title or declared to be unlawful is guilty of a misdemeanor.

      5.  Every person who shall obstruct, hinder, delay or otherwise interfere with any officer or employee of, or person acting under the direction of the commission in the performance of any duty while enforcing or attempting to enforce any of the provisions of this Title is guilty of a misdemeanor.

      6.  Every person who shall violate or fail to observe any order, ordinance, rule or regulation enacted, made or promulgated by the commission under the provisions of this Title is guilty of a misdemeanor.

      7.  Every person who, having been granted, licensed or permitted to do any act or thing under the provisions of this Title, shall exercise such grant, license or permit in any manner other than as specified in such grant, license or permit is guilty of a misdemeanor.

      8.  Every person who shall do any act or thing or attempt to do any act or thing declared to be unlawful in this Title is guilty of a misdemeanor.


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ê1969 Statutes of Nevada, Page 1349 (Chapter 649, SB 533)ê

 

      9.  Except as otherwise specifically provided in this Title, every person who is guilty of a misdemeanor under this Title shall, upon conviction thereof, be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      Sec. 16.  NRS 501.365 is hereby amended to read as follows:

      501.365  1.  [Upon a second conviction within 5 years of a violation of the provisions of this Title, in addition to the penalty provided for such violation, the court:

      (a) Shall require the surrender of all licenses issued under the provisions of this Title and held by the convicted person; and

      (b) May recommend to the commission that no license be issued to such person for any period not to exceed 2 years from the date of such conviction.

      Upon receipt of any recommendation from the court as provided in paragraph (b), the commission may refuse to issue any license to the convicted person during the period recommended by the court.

      2.]  Upon a conviction of a violation of any provision of this Title, in addition to the penalty provided for such violation, the court may require the surrender of all licenses issued under the provisions of this Title and held by the convicted person.

      2.  Upon the second such conviction within 5 years, the court:

      (a) Shall require the surrender of all such licenses so held; and

      (b) May recommend to the commission that no license be issued to such person for any period not to exceed 2 years from the date of such conviction.

      Upon receipt of any recommendation from the court as provided in paragraph (b), the commission may refuse to issue any license to the convicted person during the period recommended by the court.

      3.  In addition to the penalty provided for the violation of any of the provisions of this Title, the court may cause to be confiscated all [wild animals, wild birds or fish] wildlife taken or possessed by the violator. [, and may, in its discretion, confiscate any fishing or hunting equipment used in any unlawful taking of fish and game.] All confiscated [fish and game shall be placed in the hands of the county board of the county in which the conviction is had for disposal to the needy or for destruction, or the commission, through its bona fide employees, may so dispose of confiscated fish or game or salvaged fish and game to the needy or by destruction, if unfit for human consumption.] wildlife shall be disposed of as directed by the court.

      Sec. 17.  NRS 501.370 is hereby amended to read as follows:

      501.370  1.  [Whenever any fishing or hunting equipment used in any unlawful taking of fish or game is, in the discretion of the justice of the peace or other judicial officer having jurisdiction, confiscated, the same shall be] Equipment seized as evidence in accordance with NRS 501.355 and not recovered by the owner within 1 year from the date of seizure may be kept under the control of the court until July 1 or December 31 next following and then sold at public auction sale to the highest bidder by the justice of the peace or other judicial officer.

      2.  Before any such sale, notice of the time and place thereof shall be given by publication in a newspaper published nearest to the place of sale and by posting three notices, one at the courtroom of the court and the others in conspicuous public places.


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ê1969 Statutes of Nevada, Page 1350 (Chapter 649, SB 533)ê

 

be given by publication in a newspaper published nearest to the place of sale and by posting three notices, one at the courtroom of the court and the others in conspicuous public places. Such notices shall be published at least once and posted at a time no less than 10 days before the date of sale.

      3.  The proceeds of such sales shall be subject to the constitutional provisions respecting fines and forfeitures.

      4.  Any person of lawful age and not an alien may purchase any such equipment, whether a prior owner or not.

      Sec. 18.  Chapter 501 of NRS is hereby amended by adding thereto the provisions set forth as sections 19 to 26, inclusive, of this act.

      Sec. 19.  As used in this Title, “chumming” means the placing in the water of fish, parts of fish or other material upon which fish feed, for the purpose of attracting fish to a particular area in order that they may be taken.

      Sec. 20.  As used in this Title, “county,” when appearing alone or in the reference framework of county game management board, county fish and game fund, board of county commissioners or any county officer, includes and applies to Carson City.

      Sec. 21.  As used in this Title, “department” means the Nevada department of fish and game.

      Sec. 22.  As used in this Title, “director” means the director of the Nevada department of fish and game.

      Sec. 23.  As used in this Title, “game warden” means any person authorized by the director to enforce the provisions of this Title and of chapter 488 of NRS.

      Sec. 24.  As used in this Title, “person” means an individual, partnership, firm, corporation, association or other entity.

      Sec. 25.  As used in this Title, “wildlife” means any wild animal, wild bird, fish, reptile or amphibian found naturally in a wild state, whether indigenous to Nevada or not and whether raised in captivity or not.

      Sec. 26.  It is unlawful to remove, tamper with or alter any evidence identification tag placed on wildlife or on any equipment seized as evidence for the violation of any provision of this Title.

      Sec. 27.  NRS 502.010 is hereby amended to read as follows:

      502.010  1.  Every person who hunts or traps any of the wild birds or animals [, traps any of the fur-bearing animals,] or who fishes without having first procured a license or permit therefor, as provided in this Title, shall be guilty of a misdemeanor; provided:

      (a) No license to hunt or fish shall be required of residents of this state who have not yet attained their 12th birthday, unless required for the issuance of [game or bird] tags as prescribed [by the laws of the State of Nevada] in this Title or by the regulations of the commission.

      (b) No license to fish shall be required of nonresidents of this state who have not yet attained their 12th birthday, but the number of fish taken by such nonresidents shall not exceed 50 percent of the daily creel and possession limits as provided by law.

      (c) It [shall be] is unlawful for any child who has not yet attained his 14th birthday to hunt any of the wild birds or animals with any firearm, unless such child is accompanied at all times by an adult person licensed to hunt. [or fish.]


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ê1969 Statutes of Nevada, Page 1351 (Chapter 649, SB 533)ê

 

      (d) No child under 12 years of age, whether accompanied by a qualified person or not, shall hunt big game in the State of Nevada. This section does not prohibit any child from accompanying an adult licensed to hunt.

      2.  This section shall not apply to the protection of persons or property from [predatory] unprotected wild birds or animals on or in the immediate vicinity of home or ranch premises.

      Sec. 28.  NRS 502.020 is hereby amended to read as follows:

      502.020  The [commission] department shall prepare the licenses for hunting, fishing and trapping, and shall deliver such licenses to agents [designated by the commission] for sale to the public.

      Sec. 29.  NRS 502.030 is hereby amended to read as follows:

      502.030  [1.]  Licenses granting the privilege to hunt, fish or trap during the open season as provided in this Title shall be of such form as is deemed necessary by the [commission,] department, but must include the following information:

      [(a)] 1.  The holder’s name, address and description.

      [(b)] 2.  The date issued.

      [(c)] 3.  The expiration date thereof.

      [(d)] 4.  The correct designation as to whether a fishing, hunting or trapping license.

      [(e)] 5.  A statement to be signed by the holder: “I, the holder of this license, hereby state that I am entitled to this license under the laws of the State of Nevada and that no false statement has been made by me to obtain this license and that I further agree to exhibit this license, upon demand, to any officer authorized to enforce the fish and game laws of this state and to abide by the laws made and provided for the protection of fish and game within the State of Nevada.”

      [2.  Except as otherwise provided by law, no license shall be issued for a period longer than 1 year.]

      Sec. 30.  NRS 502.035 is hereby amended to read as follows:

      502.035  Licenses and permits granting the privilege to hunt, fish or trap during the open season as provided in this Title shall be issued by the [commission,] department, upon payment of the fees required [by NRS 502.240.] under this Title.

      Sec. 31.  NRS 502.040 is hereby amended to read as follows.

      502.040  1.  The commission shall provide rules and regulations regarding the number of license agents to be designated in any locality, the standards to be met by license agents, the manner of remitting funds to the [commission,] department, and the manner of accounting for licenses received, issued, sold or returned.

      2.  A license agent designated by the [commission] department shall be responsible for the correct issuance of all licenses entrusted to him, and, so far as he is able to determine, that no licenses shall be issued upon the false statement of an applicant. Prior to issuing any license the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and shall require of all applicants exhibition to him of proof of their identity and residence.

      3.  License agents shall be required to furnish bond to the [commission] department for the proper performance of their duties in such amounts as may be determined by the commission. Premiums for such bonds shall be paid [from the fish and game fund.]


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ê1969 Statutes of Nevada, Page 1352 (Chapter 649, SB 533)ê

 

bonds shall be paid [from the fish and game fund.] by the license agent, except in remote areas where the agency is established for the convenience of the commission, in which case the premium shall be paid from the fish and game fund.

      4.  At the time that license agents forward moneys collected to the [commission] department they may retain the amount set by the commission for the sale of such licenses, which amount shall not exceed 5 percent of the funds collected nor more than 25 cents per license in any instance.

      5.  A license agent is responsible to the [commission] department for the collection of the correct and required fee, for the safeguarding of the moneys collected by him, and for the prompt remission to the [commission] department for deposit in the state treasury of all moneys collected. The [commission] department shall furnish to the license agent receipts for licenses or moneys returned to the [commission,] department, and shall require of the license agent that he deliver the [commission] department’s receipt for any license received.

      6.  All moneys collected by a license agent shall be deemed to be public moneys of the State of Nevada and the state shall have a prior claim for the amount of license moneys due it upon all assets of the agent over all creditors, assignees or other claimants. The use of these moneys for private or business transactions shall be deemed to be a misuse of public funds and punishable under the laws provided.

      Sec. 32.  NRS 502.060 is hereby amended to read as follows:

      502.060  1.  Every person applying for and procuring a license, as provided in this chapter, shall give to the license agent his name and residence address, which information shall be entered by the license agent on the license and stub, together with a statement of the date of issuance [, the number of licenses issued to such person, and a description of such person by age, height, race, and color of the eyes and hair.] and a description of such person.

      2.  Any person who [shall make] makes any false statement [with regard to his place of residence or citizenship in applying for a hunter’s, angler’s or trapper’s license shall be] or furnishes false information to obtain any license, tag or permit issued under the provisions of this Title is guilty of a misdemeanor.

      3.  It is unlawful for any person to hunt, fish or trap using any hunting, fishing or trapping license which is invalid by reason of expiration or a false statement made to obtain such license.

      Sec. 33.  NRS 502.070 is hereby amended to read as follows:

      502.070  1.  The [commission is authorized and directed to] department shall issue to any member of the Armed Forces of the United States who has been assigned to permanent duty, as opposed to temporary or casual duty, within the State of Nevada all necessary hunting or fishing licenses, tags or permits for fishing [or for the hunting of wild game] , hunting or trapping in the State of Nevada. A like privilege shall be extended to spouses and dependents, under the age of 21, of such members of the Armed Forces. All such licenses, tags or permits shall be issued on the same terms and conditions and at the same costs as licenses, tags or permits are issued to Nevada residents.


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ê1969 Statutes of Nevada, Page 1353 (Chapter 649, SB 533)ê

 

      2.  The issuance of all such licenses, tags and permits shall by made by application upon a form provided for that purpose by the [commission.] department. The application shall include such proof of assignment to permanent duty within the State of Nevada as may be deemed necessary by the [commission] department to determine whether or not an applicant is actually so assigned.

      [3.  Any person who gives false information for the purpose of obtaining a license, tag or permit as provided in this section shall be guilty of a misdemeanor.]

      Sec. 34.  NRS 502.075 is hereby amended to read as follows:

      502.075  The [commission] department shall issue to a blind person, as defined in subsection 2 of NRS 361.085, any license authorized to be issued by the [commission] department under the provisions of this chapter. Such license shall:

      1.  Authorize a person selected by the blind person to hunt or fish on his behalf if:

      (a) The person selected is a resident of the State of Nevada and possesses a valid Nevada hunting or fishing license; and

      (b) The blind person is in the company of or in the immediate area of the person selected.

      2.  Be issued pursuant and subject to regulations prescribed by the commission.

      3.  Contain the word “Blind” printed on the face of the license.

      Sec. 35.  NRS 502.077 is hereby amended to read as follows:

      502.077  1.  Notwithstanding any other provision of this Title, annually upon the payment of the fee prescribed by subsection 3, the [commission] department shall issue to the superintendent and medical director of the Nevada state hospital not to exceed 30 special fishing permit badges for use only by patients in the Nevada state hospital.

      2.  Such permit badges shall:

      (a) During the time a patient is fishing, be worn conspicuously on the front of his outer garment.

      (b) Authorize a patient to fish during the open season if in the company of an employee of the Nevada state hospital.

      (c) Be issued pursuant and subject to regulations prescribed by the commission.

      (d) Contain the initials “NSH” and the number of the permit printed on the face of the permit badge.

      3.  The superintendent and medical director of the Nevada state hospital shall pay, from the state hospital gift fund, an annual fee of $1 for each permit badge issued by the [commission] department pursuant to this section.

      4.  It is unlawful for any person other than a patient in the Nevada state hospital to wear a permit badge issued by the [commission] department pursuant to this section.

      Sec. 36.  NRS 502.090 is hereby amended to read as follows:

      502.090  All licenses issued as provided in this chapter shall be valid, and shall authorize the person to whom issued to hunt [game birds and animals, to trap fur-bearing animals, or to fish, only during the open seasons fixed therefor by law,] , to fish or to trap during open seasons only on and from the date of issuance of the license until the date of expiration printed thereon.


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ê1969 Statutes of Nevada, Page 1354 (Chapter 649, SB 533)ê

 

seasons only on and from the date of issuance of the license until the date of expiration printed thereon.

      Sec. 37.  NRS 502.120 is hereby amended to read as follows:

      502.120 [Every person having licenses as provided in this chapter who while hunting, trapping or fishing refuses to exhibit such licenses or any fish, game or fur-bearing animals which he may have in his possession upon the demand of any officer authorized to enforce the fish and game laws of this state, or any other peace officer of the state, shall be guilty of a misdemeanor.]

      1.  Every person required to have a license as provided in this chapter who, while hunting, trapping or fishing, refuses to exhibit such license or any wildlife which he may have in his possession, upon the demand of any officer authorized to enforce the fish and game laws of this state, is guilty of a misdemeanor.

      2.  Every person required to have a license as provided in this chapter who, while hunting, trapping or fishing, fails to have such license in his possession is guilty of a misdemeanor. No person charged with violating this subsection may be convicted if he produces in court or the office of the arresting officer a license theretofore issued to him and valid at the time of his arrest.

      Sec. 38.  NRS 502.130 is hereby amended to read as follows:

      502.130  1.  In addition to the regular hunting licenses and trapping licenses provided for in this chapter, additional licenses, to be known as tags, shall be required to hunt any deer, elk, antelope, mountain sheep or bear.

      2.  Whenever it is determined by the commission that it is necessary for correct management, tags also may be required to hunt, trap or fish for any other species of [game.] wildlife.

      Sec. 39.  NRS 502.150 is hereby amended to read as follows:

      502.150  1.  Whenever tags are required for any species of [game it shall be] wildlife, it is unlawful to have any of that species in possession without the tag attached thereto and such possession without an attached tag [shall be] is prima facie evidence that the game is illegally taken and possessed.

      2.  It [shall be] is unlawful to remove any tag from any [bird or animal] wildlife for reuse or to be in possession of excess tags or used tags.

      3.  Whenever tags are required for any species of fur-bearing animal, possession of a pelt of that species without the tag attached thereto is prima facie evidence that such pelt is illegally taken and possessed.

      Sec. 40.  NRS 502.160 is hereby amended to read as follows:

      502.160  1.  The [commission] department shall designate the form of the tag, requiring such numbering or other manner of identification as is necessary to designate the name or hunting license number of the person to whom issued. Each tag shall show the game for which it may be used, the year, and, whenever necessary, the district or area in which it may be used.

      2.  The commission may make any regulation necessary relative to the manner of using, attaching, filling out, punching, inspecting, validating or reporting such tags.


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ê1969 Statutes of Nevada, Page 1355 (Chapter 649, SB 533)ê

 

reporting such tags. It [shall be] is unlawful for any person to fail to abide by any such regulation.

      Sec. 41.  NRS 502.170 is hereby amended to read as follows:

      502.170  Tags shall be issued only to holders of valid hunting licenses or trapping licenses and whenever the possession of tags [shall be] is a requisite to the hunting or trapping of any species, then the acquisition of a hunting license or trapping license shall be required, regardless of age.

      Sec. 42.  NRS 502.180 is hereby amended to read as follows:

      502.180  Tags for hunting deer in regular season [(as apart from special seasons provided in NRS 503.100)] shall be issued to residents of the State of Nevada and may be used in any area in the state during such regular season, and may not be limited in number or to any area, unless any district is designated a special season, [(under NRS 503.100),] in which instance the number of tags to be used in that district may be limited by the commission.

      Sec. 43.  NRS 502.210 is hereby amended to read as follows:

      502.210  No duplicate tags shall be issued except:

      1.  Upon an affidavit by the applicant that a tag previously issued has been lost or destroyed and upon payment of a fee in an amount equal to the fee provided by law for initial issuance of such tag.

      2.  When any deer hunter [shall kill] kills a deer which he has reason to believe is diseased and unfit for human consumption, he must place his tag on the carcass in the manner provided by law or regulation, but, upon inspection of such carcass by a [duly authorized] game warden, such a hunter may be authorized by the warden to obtain a duplicate tag without charge [and shall be permitted to kill another deer] if the warden [shall have] has found by his inspection that the [first] deer killed was in fact diseased and unfit for human consumption.

      Sec. 44.  NRS 502.220 is hereby amended to read as follows:

      502.220  Notwithstanding any other provision of this Title, hunting by nonresidents of this state for upland game birds or one or more species of such class may be limited by quota or forbidden [in the following circumstances and manner:

      1.  Whenever the county board shall find an excessive number of birds of the above class are likely to be taken under normal licensed hunting conditions in the current open season in its county, the county board may prevent the same in any respect as hereinafter enumerated:

      (a) The county board may provide that no normal hunting licenses may be issued to nonresidents.

      (b) The county board may provide that all nonresident hunting licenses shall specify that upland game birds or species thereof specifically named may not be hunted by authority of the license.

      2.  After the county board adopts a plan under subsection 1, the plan shall be effective only after it is approved by the commission in writing. The state upland game bird license or permit shall designate the counties wherein hunting is forbidden and the species of upland game birds in such counties which cannot be hunted.] by the commission in any county, counties or in any portion of a county.

      Sec. 45.  NRS 503.010 is hereby amended to read as follows:


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1356 (Chapter 649, SB 533)ê

 

      503.010  [Game animals, game birds and game fish shall not be chased, pursued, taken, hunted, trapped or fished for at such times or places or by such means or in such manner as will impair the supply thereof, or during any closed season, or by the use of aircraft or motor vehicles at any time.]

      1.  It is unlawful to molest, rally, stir up or drive any game animals or game birds with any aircraft, helicopter, motor-driven vehicle, including a snowmobile, motorboat or sailboat.

      2.  It is unlawful to shoot at any game animals or game birds from any aircraft, helicopter or motor-driven vehicle, including a snowmobile.

      3.  It is unlawful to spot or locate game animals or game birds with any kind of aircraft or helicopter and communicate this information by any means to a person on the ground for the purpose of hunting or trapping.

      4.  It is unlawful to use a helicopter to transport game, hunters or hunting equipment, except when such cargo or passengers or both are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the federal or state government or by a county or municipal government or when such loading or unloading is done in the course of an emergency or search and rescue operation.

      Sec. 46.  NRS 503.030 is hereby amended to read as follows:

      503.030  1.  Except as otherwise provided in this section, it [shall be] is unlawful for any person to have in his control any [game bird, game animal or game fish] wildlife or any part thereof, the killing of which is at any time prohibited, during the time when such killing is prohibited, and the possession of [same] such wildlife shall be prima facie evidence that it was the property of the state at the time it was caught, taken or killed in this state when the killing was unlawful, and that such taking or killing occurred in the closed season.

      2.  [Game and fish] Wildlife legally taken may be stored in the home of the owner after the end of the open season for hunting or fishing for [the same] it and may be stored in a public warehouse or commercial refrigerator locker under such rules as may be adopted by the commission, but in no case shall more than the amount designated by law as the legal possession limit be so kept or stored.

      3.  The commission is authorized to make rules requiring evidence of legal taking in this state, or legal taking under the laws of the state where taken, to be provided in the case of [game or fish] wildlife kept or stored after the appropriate open season [shall end] ends in the form of tags, certificates or otherwise, if deemed necessary or convenient for the enforcement of this Title.

      [4.  The provisions of this section shall not apply to game or fish procured legally and served in dining cars operating in interstate commerce through this state.]

      Sec. 47.  NRS 503.035 is hereby amended to read as follows:

      503.035  1.  “Meat or game processor” as used in this section means any person, firm or corporation [who] that receives any game for the purpose of processing or storage or for the purposes of processing and storage.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1357 (Chapter 649, SB 533)ê

 

      2.  Any meat or game processor who receives any game for the purpose of processing or storage may, within 90 days after the receipt thereof, if such game remains in the possession of such meat or game processor, dispose of such game to the [commission] department if the owner of such game has not paid such meat or game processor for the processing or storage thereof.

      3.  The [commission] department shall distribute such game to public charities on a fair and equitable basis.

      4.  No action may be commenced against such meat or game processor by the owner of such game after such game has been delivered to the [commission] department under the provisions of this section.

      5.  Nothing in this section deprives a meat or game processor of any remedy at law available to a creditor against a debtor for the recovery of any moneys or other legal consideration owing from the owner of the game to the meat or game processor for such processing or storage.

      Sec. 48.  NRS 503.040 is hereby amended to read as follows:

      503.040  1.  Except as provided in this section, it [shall be] is unlawful for any person at any time to transport or offer for transportation to any place within or outside of this state any game animal, game bird or game fish taken within this state.

      2.  [A permit may be acquired from the commission or its agents, the game wardens or deputies, under regulations, for the transportation to any point outside of the state of any of the protected fish, game birds or game animals under this Title which are not intended to be for sale, and in an amount not to exceed 1 day’s limit in number.

      3.  When more than 1 day’s limit is legally in possession under the terms of this Title or under federal regulations, the number of fish, animals or birds representing the legal possession limit may be shipped under a permit as provided in this section.] Any person who has legally taken any game animal, game bird or game fish within this state may use his hunting license or fishing license or game tag or stamp, when required, as a permit to transport one possession limit to points within or outside the state.

      3.  Any person who legally acquires ownership or custody of any game animal, game bird or game fish not taken by him through hunting or fishing may transport such animal, bird or fish within the state without a transportation permit if such shipment does not exceed one possession limit and if such shipment is labeled with the name, address, number and class of license of the hunter or fisherman who legally took such animal, bird or fish and date taken, provided such animal, bird or fish is not required by law to be tagged. When tagged shipments are involved, a transportation permit is required as provided in this section.

      4.  Any other person who desires to transport any game animal, game fish or game bird to a point within or without the state may do so only under the authority of a transportation permit as provided in this section.

      5.  The department shall designate the form of the transportation permit and such permits shall be issued by any game warden or other such persons, establishments and agencies as may be specifically designated by the department. The person legally in possession of the game animals, game birds or game fish to be transported and the person transporting such fish and game must appear before the issuing agent to obtain a transportation permit.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1358 (Chapter 649, SB 533)ê

 

such fish and game must appear before the issuing agent to obtain a transportation permit. The permit shall describe the game animals, game birds or game fish to be transported and shall identify by name, address, license number and class the person who legally took such fish or game and by name and address the person transporting it. Whenever game animals, game birds or game fish are to be transported by the postal service or by common carrier, freight or express agency, such agency may be designated by name and need not appear as an applicant for the issuance of a permit.

      6.  Game animals, game birds or game fish transported to another person shall be deemed to be in the legal possession of the person making shipment until actual delivery is made.

      7.  Any package or container in which game birds, game animals or game fish are being transported by common carrier must have the name and address of the shipper and of the consignee and an accurate statement of the number and kinds of game birds, game animals or game fish contained therein clearly and conspicuously marked on the outside thereof.

      8.  The commission may limit the number of shipments by any one person in any one season of any kind of game bird, game animal or game fish.

      Sec. 49.  NRS 503.050 is hereby amended to read as follows:

      503.050  [Any person who, at any time, leaves through carelessness, neglect or otherwise any game bird, game animal or game fish or an edible portion of the same to go to waste needlessly shall be guilty of a misdemeanor.]

      1.  It is unlawful for any person to cause through carelessness, neglect or otherwise any game bird, game animal or game fish or an edible portion thereof to go to waste needlessly.

      2.  It is unlawful for any person to capture or destroy any game animal, except a carnivore, and detach or remove from the carcass the head, hide, antlers, horns or tusks only and leave the carcass to waste.

      Sec. 50.  NRS 503.060 is hereby amended to read as follows:

      503.060  1.  The [commission] department is authorized to determine methods of obtaining necessary data from hunters and fishermen relative to their activities and success.

      2.  Such methods may include return of report forms attached to licenses and tags or questionnaires addressed to license holders.

      3.  It [shall be] is unlawful to fail to return any report form or questionnaire or to falsify any information requested. Failure to return such form or questionnaire or the submission of any false statement thereon may be cause to deny the person the right to acquire any license provided under this Title for a period of 2 years.

      4.  Any statement made on such report forms or questionnaires shall not be the basis for prosecution for any indicated violations of other sections of this Title.

      Sec. 51.  NRS 503.070 is hereby amended to read as follows:

      503.070  1.  [It shall be unlawful, except by the written consent and approval of the commission, for any person at any time to receive, or have brought or shipped into the State of Nevada, or remove from one stream or body of water in this state to any other, or from one portion of the state to any other, any wild animals, wild birds, fish, or aquatic life, or the spawn, eggs or young of any of them.


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ê1969 Statutes of Nevada, Page 1359 (Chapter 649, SB 533)ê

 

state to any other, any wild animals, wild birds, fish, or aquatic life, or the spawn, eggs or young of any of them.

      2.  The commission shall require an investigation by its personnel to determine if such introduction shall be detrimental. Written consent and approval of the commission shall be given only if the results of such investigation prove that such introduction or importation shall not be detrimental to existing wildlife.] It is unlawful, except by the written consent and approval of the department, for any person at any time to receive, bring or have brought or shipped into the State of Nevada, or remove from one stream or body of water in this state to any other, or from one portion of the state to any other, or to any other state, any aquatic life, wildlife, spawn, eggs or young of any of them.

      2.  The department shall require an investigation to determine if such introduction or removal will be detrimental. Written consent and approval of the department shall be given only if the results of such investigation prove that such introduction or importation will not be detrimental to existing aquatic life, wildlife, spawn, eggs or young of any of them.

      3.  The commission may through appropriate regulation provide for the inspection of such introduced or removed creatures and the inspection fees therefor.

      Sec. 52.  NRS 503.090 is hereby amended to read as follows:

      503.090  [1.  It shall be] It is unlawful to hunt game animals or game birds at any time during the year other than during an open [or regular] season [as may be] designated [for the respective counties] by the commission under the provisions of this Title.

      [2.  During such open season of each year it shall be unlawful to kill, catch, trap, wound or pursue with the intent to catch, trap, injure or destroy more than one deer except under rules prescribed by the commission as provided in this Title.]

      Sec. 53.  NRS 503.120 is hereby amended to read as follows:

      503.120  1.  [It shall be unlawful at any time to take or possess mountain sheep, goats, elk, antelope or deer except at the time and places and in the manner as may be hereafter provided by the commission.

      2.]  Open seasons as provided under this Title for [such] big game animals may designate the sex and age class or any obvious physical characteristic for the animals which may be taken.

      [3.] 2.  With regard to deer, a designation of “bucks only” [shall mean and include] means any deer with at least one branched antler, and a designation of “antlerless deer” [shall mean and include] means any deer with less than one branched antler. In the above designation, eye guards shall not be considered branches of the antler.

      Sec. 54.  NRS 503.135 is hereby amended to read as follows:

      503.135  [No] It is unlawful for any person subject to the federal migratory bird hunting stamp tax [shall] to hunt any migratory waterfowl unless at the time of such hunting he carries on his person an unexpired federal migratory bird hunting stamp validated by his signature written by himself in ink across the face of the stamp prior to his hunting such birds. [Any person who violates the provisions of this section is guilty of a misdemeanor.]

      Sec. 55.  NRS 503.140 is hereby amended to read as follows:


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1360 (Chapter 649, SB 533)ê

 

      503.140  1.  It is unlawful for any person to [take any of the wild birds or wild game mentioned and protected in this Title] hunt game animals or game birds other than at the times of day which [shall be] are set for such [taking] hunting by the commission.

      2.  Where no time is set by the commission, it [shall be] is unlawful for any person at any time to [take any of the wild birds or wild game mentioned and protected in this Title] hunt game animals or game birds except between sunrise and sunset, the same to be considered according to Government time reports.

      [3.  Nothing in this section shall be construed to limit or restrict the hours of hunting of migratory birds, which hours shall be those established by federal regulation governing the hunting of migratory birds, or as set by the commission.]

      Sec. 56.  NRS 503.150 is hereby amended to read as follows:

      503.150  1.  [Except as provided in subsection 2, it shall be unlawful for any person to hunt game animals with any revolver or self-loading pistol, or in any manner other than with gun or rifle, or bow and arrow, held in hand, but excluding the cross bow and bolt.

      2.  It is lawful for a person to hunt cottontail rabbits and pygmy rabbits with a revolver or self-loading pistol.

      3.  It shall be unlawful for any person to hunt, kill, capture or take, or attempt to hunt, kill, capture or take, any game bird or game animal by the use of or with the aid of any flashlight, spotlight, automobile headlight, lamp or other artificial light of any kind.] It is unlawful to hunt:

      (a) Any game bird or game animal with any gun capable of firing more than one round with one continuous pull of the trigger, or with any full steel, full steel core, full metal jacket, tracer or incendiary bullet or shell, or any shotgun larger than number 10 gauge.

      (b) Unless otherwise specified by commission regulation, big game animals in any manner other than with a rifle, held in the hand, that exerts at least 1,000 foot pounds of energy at 100 yards, or with a long bow and arrow which meet the specifications established by commission regulation.

      (c) Small game animals in any manner other than with a handgun, shotgun, rifle, long bow and arrow or by means of falconry.

      (d) Game birds with any rifle or handgun, or in any manner other than with a shotgun held in the hand, with a long bow and arrow or by means of falconry.

      (e) Migratory game birds with any shotgun capable of holding more than three shells.

      (f) Any game bird or game animal with the aid of any artificial light.

      (g) Any big game animal, except mountain lions, with a dog of any breed.

      2.  Nothing in this section prohibits the use of dogs in the hunting of game birds or small game animals.

      Sec. 57.  NRS 503.200 is hereby amended to read as follows:

      503.200  1.  The [commission] department is empowered to authorize, under permit [,] and for such fee as may be provided in NRS 502.240, competitive field trials for hunting dogs or competitive field trials for falconry. [, and] The commission shall prescribe the rules and regulations to be followed by those in charge of such trials insofar as conduct of the field trials has any effect or bearing upon [the supply of game] wildlife and the laws of this state respecting closed and open seasons.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1361 (Chapter 649, SB 533)ê

 

field trials has any effect or bearing upon [the supply of game] wildlife and the laws of this state respecting closed and open seasons.

      2.  [The fee for a field trial permit shall not exceed $1.

      3.] For the purpose of permitting such field trials the [commission] department may authorize shooting of legally acquired upland game birds during any closed season on the species of bird or birds to be hunted.

      [4.  Nothing in this Title shall be construed to make it unlawful to break, train or practice hunting dogs, or to hold field trials therefor, between August 1 and March 31, provided that native game birds are not killed, captured or injured thereby.

      5.] 3.  All legally acquired upland game birds used in a field trial or for the purpose of training hunting dogs and for falconry training shall be banded with legbands by the person in charge of such field trial or training. Such birds shall only be released in an area first approved by [a representative of the commission,] the department, after which the [commission] department shall authorize, under permit and under such rules and regulations as the commission may prescribe, the releasing of such legally acquired upland game birds for the foregoing purposes.

      [6.] 4.  All birds killed under the provisions of this section must be accompanied by a receipt, giving the permit number, the date, the name of the person in possession, and signed by the permitholder. Birds killed and accompanied by a receipt under the provisions of this section may be legally possessed.

      Sec. 58.  NRS 503.220 is hereby amended to read as follows:

      503.220  It is unlawful for any person to sell, or expose for sale, to barter, trade or purchase, or attempt to sell, barter, trade or purchase, any [deer meat or any species of game animals, or any migratory birds or any other game birds protected by the provisions of this Title.] species of game animals or game birds or parts thereof, except as provided in this Title. The importation and sale of game animals or game birds or parts thereof is not prohibited, provided such importation is from licensed commercial game breeders or processors outside the state.

      Sec. 59.  NRS 503.240 is hereby amended to read as follows:

      503.240  1.  It [shall be] is unlawful for any person [to shoot or discharge firearms or] to hunt or to trap upon or within any enclosed grounds which are private property and where signs are displayed, as provided in NRS 207.200, forbidding [such] hunting or shooting, without permission obtained from the owner or person in possession of such enclosed grounds.

      2.  [Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.] Any person using such property for hunting or trapping purposes shall comply with the provisions of NRS 207.220.

      Sec. 60.  NRS 503.260 is hereby amended to read as follows:

      503.260  It is unlawful for any person maliciously to tear down, mutilate or destroy any sign, signboard or other notice [forbidding hunting or shooting within an enclosure.] which has been erected by the department or through an agency of the department.

      Sec. 61.  NRS 503.270 is hereby amended to read as follows:

      503.270  1.  [Except as provided in subsection 2, it shall be] It is unlawful for any person to fish in or from any of the waters of the State of Nevada except during the open season [, or on any calendar day before 1 hour before sunrise or later than 2 hours after sunset.]


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1362 (Chapter 649, SB 533)ê

 

of Nevada except during the open season [, or on any calendar day before 1 hour before sunrise or later than 2 hours after sunset.] as designated by the commission under the provisions of this Title.

      2.  The commission may by regulation allow fishing for any [one or more] species of [game] fish during [the hours between sunset and sunrise when fishing is otherwise prohibited by subsection 1.] any hour of the day or night.

      Sec. 62.  NRS 503.290 is hereby amended to read as follows:

      503.290  1.  Except as provided in subsection 2, it [shall be] is unlawful for any person to fish in or from any of the waters of the State of Nevada for any fish of any species whatever [with any seine, net, spear, setline, set hooks, grabhooks, trotline or snagline, or in any manner known as snagging, or with any weir fence, trap, giant powder, or any other explosive compound, or] in any manner other than with hook and line attached to a rod or reel closely attended in the manner known as angling. Only one combination of hook, line and rod shall be used by one person at any time.

      2.  [Carp or other coarse] Unprotected fish may be taken by [seine or by other] methods authorized by commission regulation. Frogs may be taken by spear, bow and arrow, hook and line or by other methods authorized by commission regulation.

      3.  As used in this section, the word “hook” shall be deemed to include not more than three baited hooks, nor more than three fly hooks, or not more than two plugs or similar lures. No more than two such plugs or lures, irrespective of the number of hooks or attractor blades attached thereto, shall be attached to the line. [Only one such combination of hook, line and rod shall be used by one person at any time.]

      Sec. 63.  NRS 503.300 is hereby amended to read as follows:

      503.300  1.  The commission may prescribe by regulation the types of bait [which] and methods by which it may or may not be used in any designated water. It [shall be] is unlawful for any person to use any bait prohibited by regulation.

      2.  The commission may by regulation control the practice known as chumming.

      Sec. 64.  NRS 503.310 is hereby amended to read as follows:

      503.310  1.  The commission is empowered to regulate or prohibit the use of live bait in fishing to the end that no undesirable species of fish intentionally or unintentionally may be introduced into the public waters of this state.

      2.  Any person engaged in the sale, capture, transportation or propagation of fish for bait shall first obtain a permit from the [commission. The commission may charge a reasonable fee not to exceed $10 for each permit.] department for such fee as may be provided in NRS 502.240. Such permit may be revoked for any violation of regulations.

      3.  The commission may prescribe the species of fish which may be taken, held or sold by the permittee.

      Sec. 65.  NRS 503.330 is hereby amended to read as follows:

      503.330  1.  [Except as provided in this Title, it shall be unlawful for any person in the State of Nevada to buy, sell, offer, or expose for sale any variety of game fish at any period of the year.]


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ê1969 Statutes of Nevada, Page 1363 (Chapter 649, SB 533)ê

 

sale any variety of game fish at any period of the year.] It is unlawful for any person to sell, or expose for sale, to barter, trade or purchase, or attempt to sell, barter, trade or purchase any species of game fish or parts thereof, except as provided in this Title.

      2.  Nothing in this section shall be so construed as to prohibit the importation and sale [at any time of salt water fish that shall have come from outside of the State of Nevada.] of game fish or parts thereof from processors or fish hatcheries outside the state or the importation and sale of salt water fish.

      Sec. 66.  NRS 503.360 is hereby amended to read as follows:

      503.360  1.  It [shall be] is unlawful for any person at any time to take, catch or carry away from any state [or county] hatchery, or from any waters set aside or used for the purpose of rearing or growing fish for transplanting by the state [or by any county within the state,] any such fish so being reared or grown.

      2.  Nothing in this section shall be so construed as to prohibit [the employees of any state or county hatchery] employees of the department from handling, at any time, all such fish, as may be required in the propagation, care and distribution of such fish.

      Sec. 67.  NRS 503.380 is hereby amended to read as follows:

      503.380  The [commission] department is authorized to take or to permit the commercial taking of [minor or] unprotected fish from the waters of the state by [seine or any trapping device for the purpose of revenue for the propagation of fish and game within this state.] any device approved by commission regulation. The commission shall fix a price to be paid for [each] fish so taken from the waters of this state. [All moneys received therefrom shall be paid into the state treasury to the credit of the fish and game fund by the person or persons so permitted to take the fish.]

      Sec. 68.  NRS 503.400 is hereby amended to read as follows:

      503.400  1.  Every person who has erected, or who may hereafter erect, any dams, water weirs or other obstructions to the free passage of fish in the rivers, streams, lakes, or other waters of the State of Nevada shall construct and keep in repair to the satisfaction of the [commission] department fishways or fish ladders at all such dams, water weirs or other obstructions so that at all seasons of the year fish may ascend above such dams, water weirs or other obstructions to deposit their spawn.

      2.  Every person so placing, controlling or owning any such obstruction who [shall fail] fails to comply with the provisions of this section after having been notified in writing so to do by the [commission,] department, and every person who [shall] at any time willfully or knowingly [destroy, injure or obstruct] destroys, injures or obstructs any fishway or fish ladder which is required by law [, shall be] is guilty of a misdemeanor.

      Sec. 69.  NRS 503.420 is hereby amended to read as follows:

      503.420  1.  Any person, firm or corporation owning in whole or in part any canal, ditch or any artificial watercourse, taking or receiving its waters from any river, creek or lake in which fish have been placed or may exist, shall place or cause to be placed, and such persons shall maintain at the intake or inlet of such canal, ditch or watercourse, a grating, screen or other device, either stationary or operated mechanically, of such construction, fineness, strength and quality as shall be designated by the [commission,] department, to prevent any fish from entering such canal, ditch or watercourse.


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ê1969 Statutes of Nevada, Page 1364 (Chapter 649, SB 533)ê

 

maintain at the intake or inlet of such canal, ditch or watercourse, a grating, screen or other device, either stationary or operated mechanically, of such construction, fineness, strength and quality as shall be designated by the [commission,] department, to prevent any fish from entering such canal, ditch or watercourse.

      2.  If such person, firm or corporation, after due notice from the [commission, shall fail] department, fails to install or maintain such grating, screen or device, the commission is authorized to [, and may,] enter upon lands adjacent to the inlet of such canal, ditch or watercourse, and may install therein, and thereafter maintain, such grating, screen or device as in the discretion of the [commission] department is proper.

      3.  It [shall be] is unlawful for any person or persons, except a [duly appointed fish and] game warden, [and duly authorized deputies,] to remove, tamper with, destroy or in any way molest such screens when the same have been installed.

      Sec. 70.  NRS 503.440 is hereby amended to read as follows:

      503.440  1.  [Except as provided in subsections 2 and 3, it shall be unlawful for any person to hunt, trap, or attempt to trap any fur-bearing animals protected by the provisions of this Title, except between November 1 of any year and March 15 of the following year, both dates included.

      2.  Fur-bearing animals injuring any property may be taken or killed at any time in any manner after a permit is first obtained from the commission.

      3.]  It is unlawful to trap fur-bearing animals at any time during the year other than during an open season as designated by the commission under the provisions of this Title.

      2.  The commission, in its sole discretion, may set the open season for [muskrats] fur-bearing animals. [in any district in this state. An open season may be set after consideration of the market, the time such furs become prime, and other considerations deemed sufficient by the commission.]

      Sec. 71.  NRS 503.470 is hereby amended to read as follows:

      503.470  1.  [Beaver and otter in the State of Nevada may not be taken in the open trapping season or at any other time except as provided in NRS 503.470 to 503.560, inclusive.] Fur-bearing animals injuring any property may be taken or killed at any time in any manner, provided a permit is first obtained from the department.

      2.  When the [commission shall have] department has determined from investigations or upon a petition signed by the owners of 25 percent of the land area in any irrigation district or the area served by a ditch company alleging that an excessive population of beaver or otter does exist or that beaver or otter are doing damage to lands, streams, ditches, roads or water control structures, the [commission] department shall remove such excess or depredating beaver or otter. [by the following three methods:

      (a) By live trapping such beaver or otter and removing them to other areas.

      (b) By the employment of trappers to trap such beaver or otter and to retain and sell the pelts therefrom, the proceeds of sale being deposited in the fish and game fund.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1365 (Chapter 649, SB 533)ê

 

      (c) Authorize the taking, trapping or killing of beaver or otter by providing for the issuance of special beaver tags to trappers in the order in which they may apply for such tags, except that the landowners shall be given preference in the taking of beaver and otter from his own land. No charge shall be made for such tags. Any such trapper or hunter shall not trap on private land except by written permission of the owner.

      3.  Whenever the commission determines that the excessive beaver or otter population has been reduced sufficiently so that the probability of damage no longer exists, it shall cease issuing permits, cancel outstanding permits and discontinue the other methods of removing the beavers or otters as required by subsection 2 of this section.]

      Sec. 72.  NRS 503.540 is hereby amended to read as follows:

      503.540  Whenever the [commission shall have determined] department determines that beaver or otter are doing damage [as specified in NRS 503.470 to 503.560, inclusive, and the commission shall determine] and that it will be necessary to remove beaver or otter from the land of a person to protect the lands of another landowner, the [commission] department shall not be prevented from taking such beaver or otter by the refusal of the landowner to allow the [commission] department employees to enter upon his land. The [commission] department is authorized [and empowered] to enter upon the lands of such owner and remove beaver or otter [in the manner authorized in paragraph (b) of subsection 2 of NRS 503.470] for the relief of other landowners and the protection of the public welfare.

      Sec. 73.  NRS 503.550 is hereby amended to read as follows:

      503.550  [The commission is specifically empowered to sell live beaver.] The department, with the approval of the commission, may sell live beaver.

      Sec. 74.  NRS 503.570 is hereby amended to read as follows:

      503.570  [1.]  Every person taking or causing to be taken wild animals by means of traps, snares or any other device used in the trapping or taking of wild animals that do not, or are not designed to, cause immediate death to such animals, shall, when any such traps, snares or devices are placed or set for the purpose of taking such animals, visit or cause to be visited at least once each week [,] each such trap, snare or other device during all of the time any such trap, snare or device is placed, set or used in the taking of wild animals, and remove therefrom any and all animals caught therein.

      [2.  Any person violating the provisions of this section shall be guilty of a misdemeanor.]

      Sec. 75.  NRS 503.580 is hereby amended to read as follows:

      503.580  1.  For the purposes of this section, [a public road or highway shall mean:] “public road or highway” means:

      (a) Highways designated as United States highways.

      (b) Highways designated as state highways pursuant to the provisions of NRS 408.285.

      (c) [Main county] County roads as defined by [paragraph (a) of subsection 1 of] NRS 403.170.

      2.  It [shall be] is unlawful for any person, company or corporation to place or set any steel trap, used for the purpose of trapping animals, larger than a No.


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ê1969 Statutes of Nevada, Page 1366 (Chapter 649, SB 533)ê

 

larger than a No. 1 Newhouse trap, within 200 feet of any public road or highway within this state.

      3.  This section shall not be construed so as to prevent the placing or setting of any steel trap inside, along or near a fence which may be situated less than 200 feet from any public road or highway upon privately owned lands.

      [4.  Any person violating the provisions of this section shall be guilty of a misdemeanor.]

      Sec. 76.  NRS 503.590 is hereby amended to read as follows:

      503.590  1.  Except as provided in this section, it [shall be] is unlawful for any person, firm, partnership or corporation to maintain any zoo, menagerie or display of live wild animals, wild birds or reptiles, either native or exotic, or to exhibit as a zoo, menagerie or display any living wild animals, wild birds or reptiles, whether for compensation or otherwise.

      2.  Any municipal corporation, political subdivision, agency or department of the State of Nevada may apply to the [commission] department for permission to maintain and operate a zoo, menagerie or display of wild animals, wild birds or reptiles, setting forth such matters as may be required by the commission. Upon approval of the application, the applicant may maintain and conduct such zoo, menagerie or display of wild animals, wild birds or reptiles.

      3.  Any individual may maintain a private collection of legally obtained live wild animals, wild birds and reptiles if such collection is not maintained for public display nor as a part of or adjunct to any commercial establishment. The commission may promulgate regulations governing the maintenance of wild animals, wild birds and reptiles in captivity and may require the registration of such wildlife. If such regulations are adopted and published, no person, firm, partnership or corporation may capture or maintain a private collection of any wild animals, wild birds or reptiles except in compliance with such regulations.

      4.  Any person, firm, partnership or corporation may apply to the [commission] department for a license to maintain a permanently located trained animal act for public display if such act is under the supervision and control of a competent animal trainer. The [commission] department shall in its discretion determine whether an animal collection qualifies for a license under this subsection. [A license issued pursuant to this subsection is valid during the calendar year for which it is issued.] The [commission] department may charge a fee for such license [which shall not exceed $10.] in accordance with NRS 502.240.

      5.  This section shall not apply to any regularly organized traveling circus, menagerie or trained act of wild animals not permanently located within the State of Nevada or to pet stores, licensed by any city or county to sell wildlife, which display the species offered for sale.

      [6.  A violation of the provisions of this section shall be a misdemeanor.]

      Sec. 77.  NRS 503.610 is hereby amended to read as follows:

      503.610  [It shall be] 1.  Except as provided in subsection 2, it is unlawful for any person, firm, company, corporation or association to kill, destroy, wound, trap, injure, [keep in captivity,] possess dead or alive, or in any other manner to capture, or to pursue with such intent the birds known as the American eagle and the golden eagle, or to take, injure, possess or destroy the nests or eggs of such birds.


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ê1969 Statutes of Nevada, Page 1367 (Chapter 649, SB 533)ê

 

intent the birds known as the American eagle and the golden eagle, or to take, injure, possess or destroy the nests or eggs of such birds.

      2.  The department may issue permits to take bald eagles or golden eagles whenever it determines that they have become seriously injurious to wildlife or agricultural or other interests in any particular area of the state and the injury complained of is substantial and can only be abated by taking some or all of the offending birds. The issuance of such permits shall be consistent with federal law.

      Sec. 78.  NRS 503.620 is hereby amended to read as follows:

      503.620  [1.  It shall be unlawful for any person to kill or destroy the eggs of any wild canary, wren, linnet, thrush, robin, bluebird, oriole, hummingbird, meadowlark, snowbird, or other songbird, plume or insectivorous bird.

      2.  This section shall not apply to English sparrows, the killing of which is authorized.] Except as provided by this Title, it is unlawful for any person to hunt or possess any dead or alive birds, nests of birds or eggs of birds protected by that certain Act of Congress commonly known and referred to as the Migratory Bird Treaty Act of July 3, 1918, as amended, 16 U.S.C. § 703 et seq., or protected by commission regulation.

      Sec. 79.  NRS 503.650 is hereby amended to read as follows:

      503.650  Nothing in this Title shall:

      1.  Be so construed as to prohibit any person, upon the written permit of the [commission,] department, from taking or killing any species of [bird, fowl or animal,] wildlife, or collecting the nest [and] or eggs thereof, for strictly scientific purposes or for propagation, the number of [birds or animals] wildlife to be limited by the [commission.] department.

      2.  Prevent shipping into any other county or state, under a written permit issued by the [commission,] department, any [bird or animal] wildlife for scientific purposes or for propagation.

      Sec. 80.  Chapter 503 of NRS is hereby amended by adding thereto the provisions set forth as sections 81 to 85, inclusive, of this act.

      Sec. 81.  1.  Any commercial preservation facility, including any cold storage locker, trailer or walk-in facility offered by any commercial enterprise as a service to its customers or as an attraction to that enterprise, receiving, possessing or having in custody any game animals, game birds or game fish shall maintain accurate records showing the numbers and kind of such wildlife, the dates received and disposed of, and the names and addresses of the persons from whom such wildlife were received and to whom such wildlife were delivered.

      2.  Any person authorized to enforce this Title may enter such facilities at all reasonable hours and inspect the records, premises and operations.

      3.  The records required to be maintained shall be retained by the person or persons responsible for their preparation and maintenance for a period of 1 year following the end of the open season on such wildlife received.

      Sec. 82.  It is unlawful for any person to have in his possession any live game bird, game animal or fur-bearing animal unless he has secured the license required by NRS 504.230 or 504.240.

      Sec. 83.  1.  It is unlawful to carry a loaded rifle or loaded shotgun in any vehicle which is standing on or along, or is being driven on or along, any public highway or any other way open to the public.


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ê1969 Statutes of Nevada, Page 1368 (Chapter 649, SB 533)ê

 

in any vehicle which is standing on or along, or is being driven on or along, any public highway or any other way open to the public.

      2.  A rifle or shotgun is loaded, for the purposes of this section, when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.

      3.  The provisions of this section shall not apply to peace officers, game wardens or members of the armed forces of this state or the United States while on duty or going to or returning from duty.

      Sec. 84.  It is unlawful for any person to discharge a firearm from, upon, over or across any federal highway, state highway as described in NRS 408.285 or county road as designated in NRS 403.170.

      Sec. 85.  1.  Prior to any person’s using any vacuum or suction dredge equipment in any river, stream or lake of this state, he shall submit an application to the department specifying the type and size of equipment to be used and its location. If the department determines that such operations will not be deleterious to fish it shall issue a permit to the applicant.

      2.  It is unlawful for any person to:

      (a) Conduct such dredging operations without securing a permit;

      (b) Operate any equipment other than that specified in the permit; or

      (c) Conduct such operation outside the area designated on the permit.

      Sec. 86.  NRS 504.140 is hereby amended to read as follows:

      504.140  1.  The [commission] department is authorized, subject to approval by the commission, to enter into agreements with landowners, individually or in groups, to establish [game] wildlife management areas and to [make] enforce regulations necessary thereto for the purpose of providing greater areas for the public to hunt or fish on private lands and to protect the landowner or lessee from damage due to trespass or excessive hunting or fishing pressure.

      2.  Such agreement shall provide that the [commission] department shall designate certain portions of the area as closed zones for the protection of livestock, buildings, persons and other properties.

      3.  The zones shall be posted conspicuously along all boundaries and it shall be unlawful to hunt, fish or trespass therein or to hunt or fish on any cooperative area contrary to the regulations provided.

      4.  The agreement may designate the number of hunters or fishermen who may be admitted to the area, if such limitation is necessary or desirable.

      Sec. 87.  NRS 504.143 is hereby amended to read as follows:

      504.143  1.  [In the interpretation and application of this section, the public policy of this state is declared as follows:

      (a) Wild animals, wild birds and fish in this state not domesticated and in their natural habitat are, by the provisions of NRS 501.100, declared to be part of the natural resources belonging to the people of the State of Nevada.

      (b) The preservation, protection and restoration of wildlife within the state is an inseparable part of providing adequate recreation for our people in the interest of public welfare.

      (c) It is the policy of this state to maintain in a state of high productivity those areas which can be most successfully used to sustain wildlife and which will provide adequate and suitable recreation.


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ê1969 Statutes of Nevada, Page 1369 (Chapter 649, SB 533)ê

 

      (d)] To effectuate a coordinated and balanced program resulting in the maximum revival of wildlife in the state and in the maximum recreational advantages to the people of the state, the commission has created and maintains state-owned wildlife management areas, and, in cooperation with the United States Fish and Wildlife Service, the Department of Interior and other federal agencies, has created and maintains other cooperative wildlife management areas.

      2.  [After due investigation, whenever the commission finds that it is necessary, in order to preserve, protect and restore the wildlife within any state-owned or other cooperative wildlife management area and to effectuate a coordinated and balanced program which will result in the maximum revival of wildlife in such areas, the commission may, by regulation:] The commission may permit hunting, fishing or trapping on or within, or access to, occupancy and use of, areas so created and maintained.

      3.  The commission may by regulation:

      (a) Establish, extend, shorten or abolish open seasons and closed seasons within such areas.

      (b) Establish, change or abolish bag and creel limits and possession limits in such areas.

      (c) Prescribe the manner and the means of taking [wild animals, wild birds and fish] wildlife in such areas.

      (d) Establish, change or abolish restrictions in such areas based upon sex, maturity or other physical distinctions.

      Sec. 88.  NRS 504.150 is hereby amended to read as follows:

      504.150  1.  Any person may establish a [private] commercial fish hatchery for the artificial propagation, culture and maintenance of food fish [.] by making application to the department and by paying the annual license fee provided in NRS 502.240.

      2.  Any person lawfully conducting any such [private] commercial fish hatchery and engaged in the artificial propagation, culture and maintenance of fish, may take them in his own enclosed waters wherein the same are so cultivated and maintained at any time and for the purpose mentioned in this section and none other.

      3.  The products of such fish hatchery, fish spawn, fry and fish [,] may be sold at any time of the year by such hatchery, or its then vendees, after having first complied with the terms of this Title and the regulations of the commission in relation thereto.

      4.  No [private] commercial fish hatchery shall be established or maintained and no stream or natural body of water shall be enclosed or impounded in connection therewith to the detriment of fish naturally indigenous therein or planted or propagated therein at public expense.

      5.  The commission, in its sole discretion, shall, by regulations, enforce this section. [and NRS 504.160.]

      Sec. 89.  NRS 504.170 is hereby amended to read as follows:

      504.170  1.  When the proprietor of any licensed fish hatchery [shall sell or dispose] sells or disposes of any fish as provided in this chapter, he shall, at the same time, attach thereto, or deliver to the purchaser or donee, an invoice signed by the proprietor or his agent, stating:

      (a) The number of his license.


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ê1969 Statutes of Nevada, Page 1370 (Chapter 649, SB 533)ê

 

      (b) The name of the hatchery.

      (c) The date of disposition.

      (d) The kind, and, as near as practicable, the weight and number of such fish.

      (e) The name and address of the purchaser, consignee or donee.

      2.  [The invoice shall authorize transportation and use for 6 days after its date.] The invoice does not authorize the transportation of live fish.

      3.  The proprietor or his agent shall at the same time mail, postpaid, or otherwise deliver a duplicate of the invoice to the [commission] department at its principal place of business.

      Sec. 90.  NRS 504.210 is hereby amended to read as follows:

      504.210  The proprietor of every [private] commercial fish hatchery licensed under [NRS 504.160,] this Title, whenever required by the commission, shall make and send to the [commission] department a report showing, as near as practicable, the kind and number of fish added and disposed of during the year preceding and on hand at the date of the report.

      Sec. 91.  NRS 504.220 is hereby amended to read as follows:

      504.220  1.  Any person may establish a private breeding ground for the propagation, culture and maintenance of any game animal, game bird or fur-bearing animal.

      2.  Any person lawfully conducting any such private breeding ground and engaged in the propagation, culture and maintenance of such animals or birds may take them in his own enclosed grounds wherein the same are so cultivated and maintained at any time and for the purpose mentioned in [NRS 504.220 to 504.290, inclusive,] this chapter, and none other.

      3.  [The products of such breeding ground may be sold at any time of the year by such breeders, or their then vendees, after having first complied with the terms and conditions of this Title.] The commission may establish regulations covering the maintenance and operation of private and commercial breeding grounds.

      Sec. 92.  NRS 504.230 is hereby amended to read as follows:

      504.230  1.  Any person may establish a [private] noncommercial breeding ground for the propagation, culture and maintenance of any fur-bearing or game animal, or any game bird, and shall pay therefor [to the commission an annual license fee of $1.] a license fee as provided in NRS 502.240.

      2.  The products of such noncommercial breeding ground shall not be sold. [, nor disposed of in any way other than for the immediate and personal use of the licensee.

      3.  Licenses issued pursuant to the provisions of this section shall be valid for the term of 1 year from July 1 through June 30.]

      Sec. 93.  NRS 504.240 is hereby amended to read as follows:

      504.240  1.  [Before the owner or proprietor of any private breeding ground shall be entitled to the benefits of NRS 504.220 to 504.290, inclusive, he shall:

      (a) Make application to the commission, accompanied by an annual license fee of $25, setting forth the place and location of the breeding ground, for approval by the commission.


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ê1969 Statutes of Nevada, Page 1371 (Chapter 649, SB 533)ê

 

      (b) Receive the approval of the commission and a receipt with the license number thereon.

      2.  After approval by the commission and its receipt of the license fee of $25 the breeding ground shall be deemed duly licensed.

      3.  All fees shall be placed to the credit of the fish and game fund.

      4.  Licenses issued pursuant to the provisions of this section shall be valid for the term of 1 year from July 1 through June 30.] Any person may establish a commercial breeding ground for the propagation, culture and maintenance of any game animals, game birds or fur-bearing animals and pay therefor to the department a license fee as provided in NRS 502.240.

      2.  The products of such commercial breeding grounds may be sold or may be disposed of in accordance with commission regulations.

      Sec. 94.  NRS 504.250 is hereby amended to read as follows:

      504.250  1.  When the proprietor of any licensed commercial breeding ground [shall sell or dispose] sells or disposes of any animals or [fowl] birds as provided in this chapter, he shall, at the same time, attach thereto, or deliver to the purchaser or donee, an invoice signed by the proprietor or his agent, stating:

      (a) The number of his license.

      (b) The name of such breeding ground.

      (c) The date of disposition.

      (d) The kind and number of such animals or [fowl.] birds.

      (e) The name and address of the purchaser, consignee or donee.

      2.  The invoice shall authorize transportation and use after its date.

      3.  The proprietor or his agent shall at the same time mail, postpaid, or otherwise deliver, a duplicate of such invoice to the [commission.

      4.  No invoice shall be required in case of animals or fowl lawfully taken or killed in such private breeding ground during the open season therefor, and within the quantity provided by law while in the possession of the person killing the same during the open season and for 5 days thereafter.] department.

      Sec. 95.  NRS 504.260 is hereby amended to read as follows:

      504.260  1.  When any such animal or [fowl] bird for which an invoice is required is to be shipped by rail, express or other carrier, public or private, the invoice shall be securely attached thereto, or to the package containing the same, in plain sight, and the same may then be lawfully carried and delivered within this state to the consignee named in the invoice.

      2.  If such animals or [fowl] birds are held, exposed or offered for sale, or sold by the consignee, or kept in any hotel, restaurant, cafe or boardinghouse, such invoice shall be kept attached thereto until the same [shall] have been prepared for consumption, or, in case of furs, until they have been made into a manufactured article.

      3.  In case of a sale or disposal of a part of such animal or [fowl,] bird, the vendor shall at the same time make a copy of such invoice and endorse thereon the date of sale, the number and kind of animals or [fowl] birds disposed of, and the name of the purchaser, and sign and deliver the same to the purchaser or donee, who shall keep it attached until the animals or [fowl] birds are prepared for consumption, or, in case of furs, made into a manufactured article, and the same shall have the same force and effect as the original invoice.


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ê1969 Statutes of Nevada, Page 1372 (Chapter 649, SB 533)ê

 

case of furs, made into a manufactured article, and the same shall have the same force and effect as the original invoice.

      Sec. 96.  NRS 504.270 is hereby amended to read as follows:

      504.270  Any willful misstatement or any omission of a substantial requirement from any invoice or copy thereof shall render the same void and be deemed a violation of [NRS 504.220 to 504.290, inclusive,] this chapter, and the possession of such animals or [fowl shall be] birds is unlawful; and the possession of any such animals or [fowl] birds without such invoice or a copy thereof attached thereto, when so required, [shall be] is unlawful.

      Sec. 97.  NRS 504.280 is hereby amended to read as follows:

      504.280  The proprietor of every [private] breeding ground licensed under [NRS 504.220 to 504.290, inclusive,] this chapter shall, whenever required by the commission, make and send to the [commission] department a report showing, as near as practicable, the kind and number of the animals or [fowl] birds added and disposed of during the year preceding and on hand at the date of the invoice.

      Sec. 98.  NRS 504.291 is hereby amended to read as follows:

      504.291  None of the provisions of [NRS 504.220 to 504.290, inclusive,] this chapter covering breeding grounds shall apply to any person in this state who is engaged in domesticated mink breeding activities or commercial mink farming.

      Sec. 99.  NRS 504.300 is hereby amended to read as follows:

      504.300  Any person who owns or controls the shooting rights or privileges on an enclosed tract of land of not more than 5,000 acres may establish a commercial or private shooting preserve for the propagation, culture and maintenance of upland game [fowl.] birds pursuant to the provisions of this chapter and commission regulations.

      Sec. 100.  NRS 504.310 is hereby amended to read as follows:

      504.310  1.  Before being entitled to the benefits of [NRS 504.300 to 504.380, inclusive, the owner or proprietor of] any commercial or private shooting preserve, the owner or proprietor thereof shall make application to the [county board of the county wherein the preserve is to be located.] department. The application shall set forth:

      (a) The name and location of the shooting preserve.

      (b) A legal description of the area included in the preserve.

      (c) A statement whether the preserve is to be a commercial or private preserve.

      (d) If the application is for a commercial shooting preserve, a statement of fees that are to be collected for the privilege of shooting on the preserve.

      2.  [If the county board approves the application, the owner or proprietor of the commercial or private shooting preserve shall thereafter make written application to the commission for a commercial or private shooting preserve license.

      3.] If, after investigation, the [commission] department is satisfied that the tract is suitable for the purpose, and that the establishment of such a preserve will not conflict with the public interest, the [commission] department may issue a commercial or private shooting preserve license upon the payment of a license fee [of $25 to the commission. The license fee shall be placed to the credit of the fish and game fund.


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ê1969 Statutes of Nevada, Page 1373 (Chapter 649, SB 533)ê

 

      4.  Such license shall be issued for the term of 1 year, from July 1 to June 30 of the following year.] as provided in NRS 502.240.

      Sec. 101.  NRS 504.320 is hereby amended to read as follows:

      504.320  1.  Before any shooting may be done on such commercial or private shooting preserve, the licensee must advise the [commission,] department, in writing, of the number of each species of upland game bird reared, purchased or acquired for liberation, and request, and receive in writing, a shooting authorization which shall state the number of each species which may be taken by shooting.

      2.  Birds must be at least 8 weeks of age, full winged, and in a condition to go wild before liberation. Prior to release, all birds shall be banded with legbands, the specifications of which shall be determined by commission regulation. Legbands shall remain with the birds and not be removed until the birds are utilized by the hunter.

      3.  The licensee, or with his written permit the holder thereof, may take such upland game [fowl] bird from such licensed preserve by shooting only, from August 1 to April 30, inclusive.

      4.  Permits to hunt on such licensed preserve may be used only on the date of issuance, and the hunter must carry the permit on his person at all times while on the area and while in possession of birds taken on such area.

      Sec. 102.  NRS 504.350 is hereby amended to read as follows:

      504.350  1.  No game bird taken in accordance with the provisions of NRS 504.300 to 504.380, inclusive, shall be removed from the licensed premises until the licensee or his agent [shall have] has attached thereto an invoice, signed by the licensee or his agent, stating:

      (a) The number of his license.

      (b) The name of the shooting preserve.

      (c) The date that the birds were killed.

      (d) The kind and number of such birds.

      (e) The name and address of the hunter killing such birds.

      2.  The invoice shall authorize transportation and use of the birds.

      3.  Within 1 week thereafter, the licensee or his agent shall mail, postpaid, a duplicate of the invoice to the [commission.] department.

      Sec. 103.  NRS 504.360 is hereby amended to read as follows:

      504.360  Every licensee [under NRS 504.300 to 504.380, inclusive,] of a commercial or private shooting preserve under this chapter shall keep records and make an annual report to the [commission] department of the number of birds released and the number of birds killed on the preserve. Such report shall be verified by the affidavit of the licensee or his agent. The record shall be continuous and kept on the premises described in the application for license, and the licensee shall allow any [representative of the commission] person authorized to enforce the provisions of this Title to enter such premises and inspect his operations and records [.] at all reasonable hours.

      Sec. 104.  NRS 504.370 is hereby amended to read as follows:

      504.370  1.  The commission is authorized to prescribe rules and regulations for the operation and maintenance of commercial and private shooting preserves so as to provide for the manner of taking, possession and disposal of game birds therefrom, the kind and type of records to be kept by the licensee and the manner of enclosing and posting the licensed premises, not inconsistent with the provisions of NRS 504.300 to 504.380, inclusive.


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ê1969 Statutes of Nevada, Page 1374 (Chapter 649, SB 533)ê

 

premises, not inconsistent with the provisions of NRS 504.300 to 504.380, inclusive.

      2.  No rules and regulations shall be prescribed by the commission fixing the daily bag limit on such birds.

      [3.  The rules and regulations prescribed under the provisions of subsection 1 shall have the same effect as if enacted by law.]

      Sec. 105.  NRS 504.390 is hereby amended to read as follows:

      504.390  [For the purposes of NRS 504.390 to 504.420, inclusive, a commercial hunting or fishing camp, establishment or service shall consist of the furnishing by any person, persons, firm or corporation of any combination of the following things for a fee or charge: Horses, either saddle or pack, or both; boats; tackle; guides who direct or accompany the hunters or fishermen to hunting and fishing areas; or board and lodging as a direct adjunct to hunting or fishing.]

      1.  As used in this section, unless the context requires otherwise, “guide” means to assist another person or persons in hunting wild animals or wild birds and fishing and includes the transporting of another person or his equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.

      2.  Every person, firm, partnership or corporation which provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, shall obtain a master guide license from the department.

      3.  Every employee of a person, firm, partnership or corporation, that is required to have a master guide license and acts as a guide in the course of his employment, shall obtain a subguide license from the department.

      4.  Fees for master guide and subguide licenses shall be as provided in NRS 502.240.

      5.  Any person, firm, partnership or corporation which desires a master guide license shall make application for such license on a form prescribed and furnished by the department. The application shall contain the following information:

      (a) The name, age and address of the applicant.

      (b) The area or areas in which the applicant proposes to operate.

      (c) The type or types of guiding or packing in which the applicant proposes to engage.

      (d) The experience or knowledge which the applicant considers to qualify him to be a guide.

      (e) The nature and amount of the equipment, vehicles, animals and other property which the applicant proposes to use in his operations.

      (f) If the applicant proposes to furnish transportation, the location of the headquarters from which he proposes to operate.

      (g) Such other information and matters as the department may require.

      6.  Any person who desires a subguide license shall make application for such license on a form prescribed and furnished by the department.

      7.  If the holder of a master guide license operates with pack or riding animals, he must also have a grazing or special use permit if he operates in any area where such a permit is required.

      8.  The holder of a master guide license shall maintain records of the number of hunters and fishermen served, and any other information which the department may require concerning fish and game taken by such persons.


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ê1969 Statutes of Nevada, Page 1375 (Chapter 649, SB 533)ê

 

number of hunters and fishermen served, and any other information which the department may require concerning fish and game taken by such persons. Such information shall be furnished to the department on request.

      9.  If any licensee under this section, or person served by such licensee, is convicted of a violation of any provision of this Title, the department may immediately revoke the license of the licensee and may refuse issuance of another license to the licensee for a period of 2 years from the date of the conviction.

      10.  The commission may establish regulations covering the conduct and operation of a guide service.

      Sec. 106.  Chapter 504 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any person may establish a private, noncommercial fishpond for the propagation, culture and maintenance of any game fish, upon application and payment to the department of an annual license fee as provided in NRS 502.240, provided:

      (a) The location, plan and stocking of such pond are approved by the department; and

      (b) No stream or natural body of water is enclosed or impounded in connection therewith.

      2.  The commission may establish regulations covering the maintenance and operation of a noncommercial fish hatchery.

      Sec. 107.  NRS 505.010 is hereby amended to read as follows:

      505.010  1.  Any person or persons, firm, company or corporation engaging in, carrying on, or conducting wholly or in part the business of buying or selling, trading or dealing, within the State of Nevada, in the skins or pelts of any [animal or animals, designated by the laws of Nevada as fur-bearing or predatory animals,] wild animal shall be deemed a fur dealer within the meaning of this chapter.

      2.  If such dealer resides in, or if his or its principal place of business is within the State of Nevada, he or it shall be deemed a resident fur dealer.

      3.  All other fur dealers shall be deemed nonresident fur dealers.

      Sec. 108.  NRS 505.030 is hereby amended to read as follows:

      505.030  1.  [Except as provided in subsection 2, all fur dealers as defined in NRS 505.010 shall, before buying, selling or in any manner dealing in the skins or pelts of any fur-bearing or predatory animal within the State of Nevada, secure a fur dealer’s license from the state board of fish and game commissioners.

      2.  No license shall be required for a hunter or trapper selling skins or pelts which he has lawfully taken, or for any person not a fur dealer who purchases any skins or pelts exclusively for his own use and not for sale.] The commission may, in the interest of proper management, require a fur dealer’s permit. The fee for such permit shall be as provided in NRS 502.240.

      2.  The commission may, in its discretion, require such records and reports as are necessary for carrying out the provisions of this chapter.

      Sec. 109.  NRS 501.057, 501.060, 501.070, 501.075, 501.155, 501.330, 501.335, 501.340, 501.345, 501.350, 501.353, 502.050, 502.065, 502.080, 503.020, 503.080, 503.100, 503.110, 503.130, 503.160, 503.170, 503.180, 503.190, 503.210, 503.230, 503.250, 503.320, 503.340, 503.350, 503.355, 503.370, 503.390, 503.480, 503.490, 503.500, 503.510, 503.520, 503.530, 503.560, 503.630, 503.640, 504.010, 504.020, 504.030, 504.040, 504.050, 504.060, 504.070, 504.080, 504.090, 504.100, 504.110, 504.120, 504.130, 504.145, 504.160, 504.180, 504.290, 504.400, 504.410, 504.420, 505.040, 505.050, 505.060, 505.070, 505.080, 505.090, and 505.100 are hereby repealed.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1376 (Chapter 649, SB 533)ê

 

503.350, 503.355, 503.370, 503.390, 503.480, 503.490, 503.500, 503.510, 503.520, 503.530, 503.560, 503.630, 503.640, 504.010, 504.020, 504.030, 504.040, 504.050, 504.060, 504.070, 504.080, 504.090, 504.100, 504.110, 504.120, 504.130, 504.145, 504.160, 504.180, 504.290, 504.400, 504.410, 504.420, 505.040, 505.050, 505.060, 505.070, 505.080, 505.090, and 505.100 are hereby repealed.

      Sec. 110.  If the Nevada department of fish and game, as such, is not created by prior legislative enactment at this session of the legislature, the legislative counsel shall in preparing the 1969 supplement to Nevada Revised Statutes change the name “Nevada department of fish and game” or the word “department” to the name “state board of fish and game commissioners” or the word “commission,” as the case may be, wherever the first-mentioned name or word appears in this act, to effectuate the intent of the legislature to provide executive continuity in the administration of the fish and game laws of this state and to avoid otherwise meaningless references.

      Sec. 111.  This act shall become effective at 12:02 a.m. on July 1, 1969.

 

________

 

 

CHAPTER 650, SB 87

Senate Bill No. 87–Senator Dodge

CHAPTER 650

AN ACT relating to public employees; providing for recognition of and negotiation with employee organizations in certain instances; prohibiting strikes; providing penalties; making an appropriation; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Title 23 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 27, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Local Government Employee-Management Relations Act.

      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in such sections.

      Sec. 4.  “Board” means the local government employee-management relations board.

      Sec. 5.  “Employee organization” means any:

      1.  Association, brotherhood, council or federation composed of employees of the State of Nevada or local government employees or both; or

      2.  Craft, industrial or trade union whose membership includes employees of the State of Nevada or local government employees or both.

      Sec. 6.  “Local government employee” means any person employed by a local government employer.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1377 (Chapter 650, SB 87)ê

 

      Sec. 7.  “Local government employer” means any political subdivision of this state or any public or quasi-public corporation organized under the laws of this state and includes, without limitation, counties, cities, unincorporated towns, school districts, irrigation districts and other special districts.

      Sec. 8.  “Strike” means any concerted:

      1.  Stoppage of work, slowdown or interruption of operations by employees of the State of Nevada or local government employees;

      2.  Absence from work by employees of the State of Nevada or local government employees upon any pretext or excuse, such as illness, which is not founded in fact; or

      3.  Interruption of the operations of the State of Nevada or any local government employer by any employee organization.

      Sec. 9.  1.  It is the right of every local government employee, subject to the limitation provided in subsection 3, to join any employee organization of his choice or to refrain from joining any employee organization. A local government employer shall not discriminate in any way among its employees on account of membership or nonmembership in an employee organization.

      2.  The recognition of an employee organization for negotiation, pursuant to this chapter, does not preclude any local government employee who is not a member of that employee organization from acting for himself with respect to any condition of his employment, but any action taken on a request or in adjustment of a grievance shall be consistent with the terms of an applicable negotiated agreement, if any.

      3.  A police officer, sheriff, deputy sheriff or other law enforcement officer may be a member of an employee organization only if such employee organization is composed exclusively of law enforcement officers.

      Sec. 10.  1.  It is the duty of every local government employer, except as limited in subsection 2, to negotiate through a representative or representatives of its own choosing concerning wages, hours and conditions of employment with the recognized employee organization, if any, for each appropriate unit among its employees. Where any officer of a local government employer, other than a member of the governing body, is elected by the people and directs the work of any local government employee, such officer is the proper person to negotiate, directly or through a representative or representatives of his own choosing, in the first instance concerning any employee whose work is directed by him, but may refer to the governing body or its chosen representative or representatives any matter beyond the scope of his authority.

      2.  Each local government employer is entitled, without negotiation or reference to any agreement resulting from negotiation:

      (a) To direct its employees;

      (b) To hire, promote, classify, transfer, assign, retain, suspend, demote, discharge or take disciplinary action against any employee;

      (c) To relieve any employee from duty because of lack of work or for any other legitimate reason;

      (d) To maintain the efficiency of its governmental operations;

      (e) To determine the methods, means and personnel by which its operations are to be conducted; and


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1378 (Chapter 650, SB 87)ê

 

      (f) To take whatever actions may be necessary to carry out its responsibilities in situations of emergency.

      Sec. 11.  1.  An employee organization may apply to a local government employer for recognition by presenting:

      (a) A copy of its constitution and bylaws, if any;

      (b) A roster of its officers, if any, and representatives; and

      (c) A pledge in writing not to strike against the local government employer under any circumstances.

A local government employer shall not recognize as representative of its employees any employee organization which has not adopted, in a manner valid under its own rules, the pledge required by paragraph (c).

      2.  If an employee organization, at or after the time of its application for recognition, presents a verified membership list showing that it represents a majority of the employees in a negotiating unit, and if such employee organization is recognized by the local government employer, it shall be the exclusive negotiating representative of the local government employees in that negotiating unit.

      3.  A local government employer may withdraw recognition from an employee organization which:

      (a) Fails to present a copy of each change in its constitution or bylaws, if any, or to give notice of any change in the roster of its officers, if any, and representatives;

      (b) Disavows its pledge not to strike against the local government employer under any circumstances; or

      (c) Ceases to be supported by a majority of the local government employees in the negotiating unit for which it is recognized.

      4.  If an employee organization is aggrieved by the refusal or withdrawal of recognition, or by the recognition or refusal to withdraw recognition of another employee organization, the aggrieved employee organization may appeal to the board. If the board in good faith doubts whether any employee organization is supported by a majority of the local government employees in a particular negotiating unit, it may conduct an election by secret ballot upon the question. Subject to judicial review, the decision of the board is binding upon the local government employer and all employee organizations involved.

      Sec. 12.  1.  Each local government employer which has recognized one or more employee organizations shall determine, after consultation with such recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating purposes. The primary criterion for such determination shall be community of interest among the employees concerned. A local government department head shall not be a member of the same negotiating unit as the employees who serve under his direction. A principal, assistant principal or other school administrator below the rank of superintendent, associate superintendent or assistant superintendent shall not be a member of the same negotiating unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate negotiating unit.

      2.  If any employee organization is aggrieved by determination of a negotiating unit, it may appeal to the board. Subject to judicial review, the decision of the board is binding upon the local government employer and all employee organizations involved.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1379 (Chapter 650, SB 87)ê

 

the decision of the board is binding upon the local government employer and all employee organizations involved.

      Sec. 13.  1.  Whenever an employee organization desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give written notice of such desire to the local government employer. If the subject of negotiation requires the budgeting of money by the local government employer, the employee organization shall give such notice at least 120 days before the date fixed by law for the completion of the tentative budget of the local government employer for the first period for which the required budget is to be effective.

      2.  This section does not preclude, but this chapter does not require, informal discussion between an employee organization and a local government employer of any matter which is not subject to negotiation or contract under this chapter. Any such informal discussion is exempt from all requirements of notice or time schedule.

      Sec. 14.  1.  The parties shall promptly commence negotiation and if at the expiration of 45 days from the date of service of the notice required by section 13 of this act the parties have not reached agreement, the parties or either of them may so notify the board, requesting mediation and explaining briefly the subject of negotiation. The board shall, within 5 days, appoint a competent, impartial and disinterested person to act as mediator in the negotiation. It is the function of such mediator to promote agreement between the parties, but his recommendations, if any, are not binding upon an employee organization or the local government employer.

      2.  If a mediator is appointed, the board shall fix his compensation. The local government employer shall pay one-half of the costs of mediation, and the employee organization or organizations shall pay one-half.

      Sec. 15.  1.  If at the expiration of 75 days from the date of service of the notice required by section 13 of this act, the parties have not reached agreement, the mediator is discharged of his responsibility, and the parties shall submit their dispute to a factfinding panel. Within 5 days, the local government employer shall select one member of the panel, and the employee organization or organizations shall select one member. The members so selected shall select the third member, or if within 5 days they fail to do so, the board shall select him within 5 days thereafter. The third member shall act as chairman.

      2.  The local government employer shall pay one-half of the costs of factfinding, and the employee organization or organizations shall pay one-half.

      3.  The factfinding panel shall report its findings and recommendations to the parties to the dispute within 25 days after its selection is complete. These findings are not binding upon the parties, but if within 5 days after the panel has so reported the parties have not reached an agreement, the panel shall make its findings public.

      Sec. 16.  1.  For the purpose of investigating disputes, any factfinding panel may issue subpenas requiring the attendance of witnesses before it, together with all books, memoranda, papers and other documents relative to the matters under investigation, administer oaths and take testimony thereunder.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1380 (Chapter 650, SB 87)ê

 

      2.  The district court in and for the county in which any investigation is being conducted by a factfinding panel may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the factfinding panel.

      3.  In case of the refusal of any witness to attend or testify or produce any papers required by such subpena, the factfinding panel may report to the district court in and for the county in which the investigation is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpenaed in the manner prescribed in this chapter;

      (c) That the witness has failed and refused to attend or produce the papers required by subpena before the factfinding panel in the investigation named in the subpena, or has refused to answer questions propounded to him in the course of such investigation,

and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the factfinding panel.

      4.  The court, upon petition of the factfinding panel, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the factfinding panel. A certified copy of the order shall be served upon the witness. If it appears to the court that the subpena was regularly issued by the factfinding panel, the court shall thereupon enter an order that the witness appear before the factfinding panel at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.

      Sec. 17.  The following proceedings, required by or pursuant to this chapter, are not subject to any provision of chapter 241 of NRS:

      1.  Any negotiation or informal discussion between a local government employer and an employee organization or employees as individuals, whether conducted by the governing body or through a representative or representatives.

      2.  Any meeting of a mediator with either party or both parties to a negotiation.

      3.  Any meeting or investigation conducted by a factfinding panel.

      Sec. 8.  1.  The local government employee-management relations board is hereby created, to consist of three members, broadly representative of the public and not closely allied with any employee organization or local government employer, not more than two of whom shall be members of the same political party. Except as provided in subsection 2, the term of office of each member shall be 4 years.

      2.  The governor shall appoint the members of the board. Of the first three members appointed, the governor shall designate one whose term shall expire at the end of 2 years. Whenever a vacancy occurs on the board other than through the expiration of a term of office, the governor shall fill such vacancy by appointment for the unexpired term.

      Sec. 19.  1.  The members of the board shall annually elect one of their number as chairman and one as vice chairman.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1381 (Chapter 650, SB 87)ê

 

their number as chairman and one as vice chairman. Any two members of the board constitute a quorum.

      2.  The board may, within the limits of legislative appropriations:

      (a) Appoint a secretary, who shall be in the unclassified service of the state; and

      (b) Employ such additional clerical personnel as may be necessary, who shall be in the classified service of the state.

      Sec. 20.  The members of the board shall serve without compensation, but are entitled to the expenses and allowances prescribed in NRS 281.160.

      Sec. 21.  1.  The board may make rules governing proceedings before it and procedures for factfinding and may issue advisory guidelines for the use of local government employers in the recognition of employee organizations and determination of negotiating units.

      2.  The board may hear and determine any complaint arising out of the interpretation of, or performance under, the provisions of this chapter by any local government employer or employee organization. The board, after a hearing, if it finds that the complaint is well taken, may order any person to refrain from the action complained of or to restore to the party aggrieved any benefit of which he has been deprived by such action.

      3.  Any party aggrieved by the failure of any person to obey an order of the board issued pursuant to subsection 2 may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce such order.

      Sec. 22.  1.  For the purpose of hearing and deciding appeals or complaints, the board may issue subpenas requiring the attendance of witnesses before it, together with all books, memoranda, papers and other documents relative to the matters under investigation, administer oaths and take testimony thereunder.

      2.  The district court in and for the county in which any hearing is being conducted by the board may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the board.

      3.  In case of the refusal of any witness to attend or testify or produce any papers required by such subpena, the board may report to the district court in and for the county in which the hearing is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpenaed in the manner prescribed in this chapter;

      (c) That the witness has failed and refused to attend or produce the papers required by subpena before the board in the hearing named in the subpena, or has refused to answer questions propounded to him in the course of such hearing,

and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the board.

      4.  The court, upon petition of the board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the board.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1382 (Chapter 650, SB 87)ê

 

days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the board. A certified copy of the order shall be served upon the witness. If it appears to the court that the subpena was regularly issued by the board, the court shall thereupon enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.

      Sec. 23.  Every hearing and determination of an appeal or complaint by the board is a contested case within the meaning of chapter 233B of NRS. Every such determination is subject to judicial review as provided in chapter 233B of NRS.

      Sec. 24.  1.  The legislature finds as facts:

      (a) That the services provided by the state and local government employers are of such nature that they are not and cannot be duplicated from other sources and are essential to the health, safety and welfare of the people of the State of Nevada;

      (b) That the continuity of such services is likewise essential, and their disruption incompatible with the responsibility of the state to its people; and

      (c) That every person who enters or remains in the employment of the state or a local government employer accepts the facts stated in paragraphs (a) and (b) as an essential condition of his employment.

      2.  The legislature therefore declares it to be the public policy of the State of Nevada that strikes against the state or any local government employer are illegal.

      Sec. 25.  1.  If a strike occurs against the state or a local government employer, the state or local government employer shall, and if a strike is threatened against the state or a local government employer, the state or local government employer may, apply to a court of competent jurisdiction to enjoin such strike. The application shall set forth the facts constituting the strike or threat to strike.

      2.  If the court finds that an illegal strike has occurred or unless enjoined will occur, it shall enjoin the continuance or commencement of such strike. The provisions of N.R.C.P. 65 and of the other Nevada Rules of Civil Procedure apply generally to proceedings under this section, but the court shall not require security of the state or of any local government employer.

      Sec. 26.  1.  If a strike is commenced or continued in violation of an order issued pursuant to section 25 of this act, the court may:

      (a) Punish the employee organization or organizations guilty of such violation by a fine of not more than $50,000 against each organization for each day of continued violation.

      (b) Punish any officer of an employee organization who is wholly or partly responsible for such violation by a fine of not more than $1,000 for each day of continued violation, or by imprisonment as provided in NRS 22.110.

      (c) Punish any employee of the state or of a local government employer who participates in such strike by ordering the dismissal or suspension of such employee.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1383 (Chapter 650, SB 87)ê

 

      2.  Any of the penalties enumerated in subsection 1 may be applied alternatively or cumulatively, in the discretion of the court.

      Sec. 27.  1.  If a strike is commenced or continued in violation of an order issued pursuant to section 25 of this act, the state or the local government employer may:

      (a) Dismiss, suspend or demote all or any of the employees who participate in such strike.

      (b) Cancel the contracts of employment of all or any of the employees who participate in such strike.

      (c) Withhold all or any part of the salaries or wages which would otherwise accrue to all or any of the employees who participate in such strike.

      2.  Any of the powers conferred by subsection 1 may be exercised alternatively or cumulatively.

      Sec. 28.  There are hereby appropriated from the general fund in the state treasury for the support of the local government employee-management relations board the following sums:

 

For the fiscal year ending June 30, 1969...................................................... $5,000

For the fiscal year ending June 30, 1970...................................................... 15,000

For the fiscal year ending June 30, 1971...................................................... 15,000

 

      Sec. 29.  This act shall become effective upon passage and approval, but no employee organization, local government employer or other person may submit to the local government employee-management relations board before October 1, 1969, any appeal, complaint or other request for action by the board.

 

________

 

 

CHAPTER 651, AB 329

Assembly Bill No. 329–Mr. Swackhamer

CHAPTER 651

AN ACT fixing the compensation of the county officers of Lander County, Nevada; regulating the employment and compensation of deputies and other employees; repealing certain acts; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  On and after July 1, 1969:

      1.  The sheriff, the county assessor, the county recorder and ex officio auditor, the county treasurer, the county clerk and the district attorney shall each receive an annual salary of $8,160.

      2.  Each county commissioner shall receive an annual salary of $3,600.

      Sec. 2.  1.  The annual salary received by the sheriff shall be compensation in full for all services rendered as sheriff and ex officio license collector.

      2.  The sheriff shall pay into the county treasury each month all moneys collected by him as license fees, and as fees in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to the sheriff for any month unless the statement has been so made and filed with the county clerk.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1384 (Chapter 651, AB 329)ê

 

criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to the sheriff for any month unless the statement has been so made and filed with the county clerk.

      3.  When it becomes necessary in criminal cases for the sheriff to travel a distance greater than 10 miles from the county seat, he shall be allowed his necessary traveling expenses. When it becomes necessary in civil cases for the sheriff to travel a distance greater than 10 miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid.

      4.  The sheriff is authorized and empowered to employ, and may hereafter appoint, five deputies. The five deputies so appointed shall each receive an annual salary of not less than $6,576 nor more than $7,800 to be fixed by the board of county commissioners. The sheriff may also appoint such additional number of deputy sheriffs as may be authorized by the board of county commissioners for such time and at such salary as the board may authorize.

      Sec. 3.  The county recorder and ex officio auditor shall perform all county work required in the office and extend the annual assessment roll without further compensation or charge against the county.

      Sec. 4.  Any county commissioner residing more than 10 miles from the county seat of Lander County shall receive in addition to his salary the sum of 10 cents per mile for each mile necessarily traveled in attending meetings of the board of county commissioners.

      Sec. 5.  1.  The county recorder and ex officio auditor, the county assessor, the county clerk, the county treasurer, and the district attorney may appoint such number of deputies and clerical assistants as may be authorized by the board of county commissioners for such time and at such salary as the board may authorize.

      2.  Any salary so authorized shall be payable monthly.

      Sec. 6.  1.  Subject to other provisions of this act, all elected county officers shall be allowed 10 cents per mile for each mile necessarily traveled within or without the county by the shortest practicable route and while on county or state business in the performance of their official duties, and while using any conveyance other than a county-owned vehicle.

      2.  In addition to the allowance in subsection 1 for mileage, all elected county officers shall receive their actual living expenses, not to exceed $10 per diem, necessarily incurred when traveling on county or state business.

      3.  Claims for such mileage and actual living expenses must be filed with the county clerk, and there shall be attached thereto vouchers for actual living expenses. In the absence of vouchers, an affidavit, subscribed and sworn to by the county officer shall suffice. All such claims approved by the board of county commissioners shall be audited and paid, but no such claim shall be audited and paid unless first approved by the board of county commissioners.

      Sec. 7.  All annual salaries provided for in this act shall:


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1385 (Chapter 651, AB 329)ê

 

      1.  Be compensation in full for all services rendered.

      2.  Payable monthly in 12 equal installments.

      Sec. 8.  Chapter 96, Statutes of Nevada 1953, entitled “An Act fixing the compensation of the county officers of Lander county, Nevada, regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith,” approved March 13, 1953, and all acts amendatory thereof, are hereby repealed.

      Sec. 9.  This act shall become effective on July 1, 1969, and shall expire by limitation at 12 p.m. on January 3, 1971.

 

________

 

 

CHAPTER 652, AB 726

Assembly Bill No. 726–Committee on Government Affairs

CHAPTER 652

AN ACT to amend the title of and to amend an act entitled “An Act fixing the minimum and maximum salary limitations of certain Nye County officers; providing for the appointment of deputies, assistants, clerks and stenographers; providing for travel expenses; to repeal chapter 26, Statutes of Nevada 1953, as amended, relating to the compensation and fees of Nye County officers; and providing other matters properly relating thereto,” approved April 13, 1965.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 423, Statutes of Nevada 1965, at page 1143, is hereby amended to read as follows:

      Section 1.  Beginning on July 1, [1967,] 1969, the following officers of Nye County, Nevada, shall receive in full payment for all services rendered by them annual salaries [to be fixed by resolution of the board of county commissioners of Nye County within minimum and maximum amounts] as follows:

      1.  The sheriff shall receive a salary of [not less than $7,200 nor more than $9,000] $9,600 per annum, payable in equal monthly installments as full compensation for his services to the county as sheriff or in any ex officio capacity of any kind whatsoever. He shall have one undersheriff, to be selected by him, and such other deputies and employees, to be selected by him, as the board of county commissioners may deem necessary, who shall receive such compensation as the board may direct. The sheriff shall collect for all services in his office, and pay over monthly into the county treasury, such fees as arc provided for in NRS 248.290, except that in lieu of the mileage provided in NRS 248.290 the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court, and, that where there is a deputy or other officer so located as to perform such service, without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1386 (Chapter 652, AB 726)ê

 

      2.  The county assessor shall receive a salary of [not less than $7,200 nor more than $9,000] $9,600 per annum, payable in equal monthly installments as full compensation for his services to the county as assessor or in any ex officio capacity of any kind whatsoever. He shall have such other deputies, assistants, clerks or other employees, to be selected by him, as the board of county commissioners may deem necessary, who shall receive such compensation as the board may direct. The county assessor shall collect and pay over to the county treasury of Nye County all such fees and taxes as are now provided by law.

      3.  The county recorder and auditor shall receive a salary of [not less than $7,200 nor more than $9,000] $9,600 per annum, payable in equal monthly installments as full compensation for his services to the county as recorder and auditor or in any ex officio capacity of any kind whatsoever. He shall have such other deputies, assistants, clerks or other employees, to be selected by him, as the board of county commissioners may deem necessary, who shall receive such compensation as the board may direct. The county recorder and auditor shall collect and pay over to the county treasury of Nye County all such fees and taxes as are now provided by law.

      4.  The county clerk and treasurer shall receive a salary of [not less than $7,200 nor more than $9,000] $9,600 per annum, payable in equal monthly installments as full compensation of his services to the county as clerk and treasurer or in any ex officio capacity of any kind whatsoever. He shall have such other deputies, assistants, clerks or other employees, to be selected by him, as the board of county commissioners may deem necessary, who shall receive such compensation as the board may direct. The county clerk and treasurer shall collect and pay over to the county treasury of Nye County all such fees and taxes as are now provided by law.

      5.  The district attorney shall receive a salary of [not less than $7,200 nor more than $9,000] $9,600 per annum, payable in equal monthly installments as full compensation for his services to the county as district attorney or in any ex officio capacity of any kind whatsoever. He shall have such other deputies, assistants, clerks or other employees, to be selected by him, as the board of county commissioners may deem necessary, who shall receive such compensation as the board may direct.

      6.  The members of the board of county commissioners of Nye County, Nevada, shall each receive for their services as county commissioners [not less than $250 per month nor more than $400 per month, and $50 per month each as compensation for their services on the board of county commissioners acting as the board of trustees of the unincorporated towns of Tonopah, Round Mountain, Manhattan, Beatty and Pahrump.] $4,800 per annum, payable in equal monthly installments.

      Sec. 2.  The title of the above-entitled act, being chapter 423, Statutes of Nevada 1965, at page 1143, is hereby amended to read as follows:

 

AN ACT fixing [the minimum and maximum salary limitations for] the compensation of certain Nye County officers; providing for the appointment of deputies, assistants, clerks and stenographers; providing for travel expenses; to repeal chapter 26, Statutes of Nevada 1953, as amended, relating to the compensation and fees of Nye County officers; and providing other matters properly relating thereto.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1387 (Chapter 652, AB 726)ê

 

Nevada 1953, as amended, relating to the compensation and fees of Nye County officers; and providing other matters properly relating thereto.

 

________

 

 

CHAPTER 653, AB 754

Assembly Bill No. 754–Committee on Government Affairs

CHAPTER 653

AN ACT authorizing counties to create hospital districts; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

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 2 to 17, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 17, inclusive, of this act, the following words and terms have the meanings ascribed to them in this section unless a different meaning clearly appears from the context:

      1.  “Board of trustees” means a board of hospital trustees elected pursuant to section 9 of this act.

      2.  “District hospital” means a hospital constructed, maintained and governed pursuant to sections 2 to 17, inclusive, of this act.

      Sec. 3.  The board of county commissioners of any county may of its own motion establish a hospital district or districts in such county in the manner prescribed in sections 2 to 17, inclusive, of this act. Such power is in addition to any powers granted pursuant to NRS 450.010 to 450.470.

      Sec. 4.  The notice of intent to exercise such power shall:

      1.  Be headed “Notice of the proposed formation of hospital district in ......................................  County (stating the name of the proposed district and the name of the county in which the proposed district is located).”

      2.  State the fact that the board of county commissioners of the county has fixed the time and place (which shall be stated in the notice) for a hearing on the matter of the formation of a county hospital district.

      3.  Describe the territory or shall specify the exterior boundaries of the territory proposed to be organized into a hospital district, which boundaries, so far as practicable, shall be the centerlines of highways.

      4.  Be published once a week for 2 successive weeks prior to the time fixed for the hearing in the newspaper designated by the board of county commissioners.

      Sec. 5.  1.  At the time fixed for the hearing of the matter, or at any time prior thereto, any person interested may file with the clerk of the board written objections to the formation of the district.

      2.  At the time fixed for the hearing, or to which the hearing may be adjourned, the board of county commissioners shall hear the objections filed, if any, and pass upon the same.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1388 (Chapter 653, AB 754)ê

 

      3.  The board may, in its discretion, sustain any or all of the objections filed and may change or alter the boundaries of such proposed district to conform to the needs of the district and to exclude therefrom any land that will not be benefited by the formation of such a district.

      Sec. 6.  1.  When 25 percent or more of the holders of title or evidence of title to lands lying within the proposed district, whose names appear as such upon the last county assessment roll, present a petition to the board of county commissioners of the county in which the land lies, setting forth the exterior boundaries of the proposed district and asking that the district so described be formed into a county hospital district under the provisions of sections 2 to 17, inclusive, of this act, the board of county commissioners shall pass a resolution declaring the board’s intention to form or organize such territory into a county hospital district, naming the district and describing its exterior boundaries.

      2.  The resolution shall:

      (a) Fix a time and place for the hearing of the matter not less than 30 days after its adoption.

      (b) Direct the clerk of the board of county commissioners to publish the notice of intention of the board of county commissioners to form such county hospital district, and of the time and place fixed for the hearing, and shall designate that publication shall be in some newspaper of general circulation published in the county and circulated in the proposed county hospital district, or if there is no newspaper so published and circulated then in some newspaper of general circulation circulated in the proposed district.

      Sec. 7.  Upon the hearing of the petition, the board of county commissioners shall determine whether or not the petition complies with the requirements and purposes of sections 2 to 17, inclusive, of this act and must hear all competent and relevant testimony offered in support or in objection thereto.

      Sec. 8.  If after a hearing, the board of county commissioners determines that the creation of the proposed hospital district is desirable, the board shall by resolution provide for the creation of such district, designating the name of the district and establishing the boundaries of the district.

      Sec. 9.  If a hospital district is created pursuant to sections 2 to 17, inclusive, of this act, the board of county commissioners shall provide by ordinance for:

      1.  The number of trustees who shall govern the hospital;

      2.  Their term of office, which shall not exceed 4 years; and

      3.  The times and manner of their election, which shall be nonpartisan.

      Sec. 10.  The board of trustees shall:

      1.  Carry out the spirit and intent of sections 2 to 17, inclusive, of this act, in establishing and maintaining a hospital in each district created pursuant to sections 2 to 17, inclusive, of this act.

      2.  Make and adopt bylaws, rules and regulations:

      (a) For its own guidance and the government of any such hospital; and

      (b) Fixing the charges for occupancy, nursing, care, medicine and attendance of patients.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1389 (Chapter 653, AB 754)ê

 

      Sec. 11.  The board of trustees may:

      1.  Appoint a suitable superintendent and necessary assistants for each hospital, and fix the compensations of such persons.

      2.  Employ physicians, surgeons and internes, as the board determines necessary, and fix their compensation.

      3.  Remove such appointees and employees.

      4.  Control the admission of physicians, surgeons and internes to the staff by promulgating rules, regulations and standards governing such appointments.

      Sec. 12.  The board of trustees of each county hospital district shall prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.

      Sec. 13.  1.  At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy a tax sufficient to raise the amount so budgeted upon all property, both real and personal, subject to taxation within the boundaries of the district, including the net proceeds of mines. Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized herein shall be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

      2.  When levied, the tax shall be entered upon the assessment rolls and collected in the same manner as state and county taxes.

      3.  When the tax is collected it shall be placed in the treasury of the county to the credit of the current expense fund of the district, and shall be used only for the purpose for which it was raised.

      Sec. 14.  The board of trustees is empowered to prepare, issue and sell negotiable coupon bonds not exceeding $500,000 in amount, exclusive of interest, for each district in its jurisdiction, for the purpose of providing funds for the purchase of hospital equipment, the acquisition of property, the construction of buildings and improvement of district-owned property for use in any one county hospital protection district.

      Sec. 15.  1.  If a board of trustees desires to avail itself of the power conferred by section 14 of this act, it shall submit the question of issuing such bonds to the registered voters of the district in accordance with the provisions of NRS 350.010 to 350.200, inclusive.

      2.  If the issuance of such bonds is approved, they may be issued pursuant to the provisions of the Local Government Securities Law.

      Sec. 16.  Any person, firm, organization, corporation or society desiring to make donations of money, personal property or real property for the benefit of any district hospital may make such donations to the district. Any such donation is effective when accepted by the board of trustees according to the terms of the deed, gift, devise or bequest of such property.

      Sec. 17.  1.  The board of county commissioners of the county in which a district hospital is located shall have power to determine whether or not patients presented to the district hospital for treatment are subjects of charity. The board of county commissioners shall establish by ordinance criteria and procedures to be used in the determination of patient eligibility for medical care as medical indigents or subjects of charity.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1390 (Chapter 653, AB 754)ê

 

      2.  The board of trustees shall fix the charges for occupancy, nursing, care, medicine and attendance, other than medical or surgical attendance, of those persons able to pay for the same, as the board may deem just and proper. The receipts therefor shall be paid to the county treasurer and credited by him to the district fund.

      Sec. 18.  NRS 450.070 is hereby amended to read as follows:

      450.070  1.  The board or boards of county commissioners creating a board of hospital trustees [hereunder] pursuant to NRS 450.070 to 450.110, inclusive, shall immediately proceed to appoint five trustees who shall constitute a board of hospital trustees for the public hospital. Such appointed trustees shall:

      (a) Be chosen from the citizens at large with reference to their fitness for office.

      (b) Be residents of the county or counties concerned, but not more than three shall be residents of the city or town in which the hospital is to be located. In Carson City, all trustees shall be residents of Carson City.

      2.  The trustees so appointed shall hold their offices until the next following general election, when five hospital trustees shall be elected, who shall hold their offices, three for 2 years and two for 4 years. At subsequent general elections, the offices of the trustees whose terms of office are about to expire shall be filled by the nomination and election of hospital trustees for terms of 4 years in the same manner as other county officers are elected.

      3.  At the general election of 1956, a complete new board of five hospital trustees shall be elected for each existing county public hospital. Three trustees shall be elected for terms of 2 years and two trustees shall be elected for terms of 4 years. Thereafter:

      (a) In any county whose population is less than 50,000 or whose population is 120,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital trustees shall be elected for terms of 4 years in the same manner as other county officers are elected. No more than three members of the board shall be residents of the city or town in which the hospital is located.

      (b) In any county whose population is 50,000 or more but less than 120,000, 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. 19.  NRS 354.474 is hereby amended to read as follows:

      354.474  1.  Except as otherwise provided in subsection 2, the provisions of NRS 354.470 to 354.626, inclusive, shall apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive, “local government” means every political subdivision or other entity which has the right to levy or receive moneys from ad valorem or other taxes or any mandatory assessments, and includes without limitation counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 473, 474, 540, 541, 542, 543 and 555 of NRS, sections 2 to 17, inclusive, of this act and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1391 (Chapter 653, AB 754)ê

 

543 and 555 of NRS, sections 2 to 17, inclusive, of this act and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

      2.  An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, but any such irrigation district which levies an ad valorem tax is required to comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.

      Sec. 20.  This act shall become effective at 12:02 a.m. on July 1, 1969.

 

________

 

 

CHAPTER 654, AB 758

Assembly Bill No. 758–Committee on Government Affairs

CHAPTER 654

AN ACT fixing the compensation of the county officers of Esmeralda County, Nevada; regulating the employment and compensation of deputies and other employees of county officers; repealing certain acts; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  1.  On and after July 1, 1969, the sheriff and ex officio county assessor, the county clerk and ex officio county treasurer and the county recorder and ex officio county auditor of Esmeralda County, Nevada, shall each receive an annual salary of $8,400.

      2.  Except as otherwise provided in section 3 of this act, on and after July 1, 1969, the district attorney of Esmeralda County, Nevada, shall receive an annual salary of $8,400.

      Sec. 2.  On and after July 1, 1969, each county commissioner of Esmeralda County, Nevada, shall receive:

      1.  An annual salary of $3,000; and

      2.  Ten cents per mile in going to and from the county seat when attending the regular monthly meetings and as member of the county board of equalization and as a member of the board of canvassers.

      Sec. 3.  1.  If the district attorney does not reside in Esmeralda County he shall receive an annual salary of $4,800, for all his services as such officer, and no travel expenses or per diem allowances shall be paid him for traveling from his place of residence to the county seat to perform his official duties or for returning to his place of residence from the county seat.

      2.  The district attorney shall be allowed only his expenses while attending to official business of the county or state as provided in NRS 281.160; but no claim for expenses any part of which pertains to any private matter or to the business of any client shall be allowed or paid under the provisions of this act by the board of county commissioners.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1392 (Chapter 654, AB 758)ê

 

281.160; but no claim for expenses any part of which pertains to any private matter or to the business of any client shall be allowed or paid under the provisions of this act by the board of county commissioners.

      Sec. 4.  Each county officer named in section 1 of this act shall pay into the county treasury each month all moneys collected by him as fees and taxes without deduction of any nature.

      Sec. 5.  1.  The sheriff is authorized to appoint one deputy sheriff, who shall receive an annual salary to be fixed by the board of county commissioners as such deputy sheriff and an annual salary to be fixed by the board of county commissioners as deputy ex officio county assessor.

      2.  With the consent of the board of the county commissioners, the sheriff may appoint additional deputies, whose compensation shall be fixed by the board of county commissioners.

      3.  When it becomes necessary in the discharge of official duties for the sheriff to travel from the county seat he shall be allowed his necessary and actual traveling expenses therefor and his living expenses while away from the county seat. He shall also be reimbursed for all telegraph and telephone tolls necessarily made in the discharge of his official duties. He shall present to the board of county commissioners an itemized bill of such necessary expenses actually paid, which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed.

      Sec. 6.  When it becomes necessary to travel a greater distance than 3 miles from the county seat the county assessor shall present to the board of county commissioners an itemized bill of such necessary travel expenses actually incurred, which shall be certified under oath, and the board of county commissioners shall audit and shall allow such claim in the same manner as other county expenses are audited and allowed.

      Sec. 7.  All annual salaries specified in this act shall be payable in equal installments on the 15th and last day of each month.

      Sec. 8.  Deputies, part-time help, clerks and stenographers may be appointed or employed by county officers when approved and considered necessary by the board of county commissioners. The compensation of such employees shall not exceed $25 per day each.

      Sec. 9.  Chapter 143, Statutes of Nevada 1957, entitled “An Act fixing the compensation of certain county officers of Esmeralda County, Nevada; authorizing and empowering the board of county commissioners of Esmeralda County, Nevada, to regulate the appointment, number and compensation of deputies of county officers and other county employees; repealing certain acts and parts of acts; and other matters properly relating thereto,” approved March 21, 1957, and all acts amendatory thereof are hereby expressly repealed.

      Sec. 10.  This act shall become effective on July 1, 1969, and shall expire by limitation at 12 p.m. on January 3, 1971.

 

________


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1393ê

 

CHAPTER 655, AB 762

Assembly Bill No. 762–Committee on Government Affairs

CHAPTER 655

AN ACT relating to local governments; requiring local governments to use an accrual or modified accrual accounting system; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 244.275 is hereby amended to read as follows:

      244.275  1.  The board of county commissioners shall have power and jurisdiction in their respective counties:

      (a) To purchase any real or personal property necessary for the use of the county.

      (b) To lease any real or personal property necessary for the use of the county. The provisions of NRS 244.320 shall not apply concerning leases of real property, and members of the board shall be allowed to vote on any contract or lease which extends beyond their terms of office.

      2.  No purchase of real property shall be made unless the value of the same has been previously appraised and fixed by one or more competent real estate appraisers to be appointed for that purpose by the county commissioners. The person or persons so appointed shall be sworn to make a true appraisement thereof according to the best of their knowledge and ability. Purchases of real property from other federal, state or local governments are exempt from such requirement of appraisement.

      [3.  Where a county has selected the cash basis of accounting pursuant to NRS 354.622, the board of county commissioners may enter into secured transactions or contracts providing for deferred payment of the purchase price of any equipment, supplies, materials or other personal property purchased for the county, but as provided in NRS 244.320, no member of the board shall be allowed to vote on any contract which extends beyond his term of office.]

      Sec. 2.  NRS 354.622 is hereby amended to read as follows:

      354.622  1.  [The] Until June 30, 1972, the business of every local government, except those enumerated in subsection 2, shall be transacted upon a cash, accrual or modified accrual basis as defined in NRS 354.470 to 354.626, inclusive, at the option of the local governing body, with the approval of the Nevada tax commission. Change from one system of accounting to another shall require the approval of the Nevada tax commission.

      2.  Business of those districts organized pursuant to NRS 318.140 and 318.144 shall be transacted upon an accrual basis as defined in NRS 354.470 to 354.626, inclusive.

      3.  After June 30, 1972, the business of every local government except those enumerated in subsection 2 shall be transacted upon an accrual or modified accrual basis as the Nevada tax commission may by regulation prescribe.

      Sec. 3.  1.  Section 2 of this act shall become effective upon passage and approval.

      2.  Section 1 of this act shall become effective July 1, 1972.

 

________


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1394ê

 

CHAPTER 656, AB 793

Assembly Bill No. 793–Committee on Ways and Means

CHAPTER 656

AN ACT relating to compensation of state employees; establishing annual salary ranges in excess of $20,000 for certain employees in the classified service; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 284.175 is hereby amended to read as follows:

      284.175  1.  After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe rules and regulations for a pay plan for all employees in the classified service.

      2.  The pay plan and amendments thereto shall become effective only after approval by the commission and the governor.

      3.  The chief shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary funds are made available for such payment.

      4.  The chief shall prescribe rules and regulations that provide for progression through the rate ranges based on merit and fitness alone. Upon approval of the commission such rules and regulations shall become effective.

      5.  [No employee in the classified service, except a senior psychiatrist whose position is included in a work program approved pursuant to NRS 353.215, may receive a salary exceeding $20,000 a year, unless such salary has been set or changed by legislative action.] Except as otherwise provided in this subsection, no employee in the classified service may receive a salary exceeding $20,000 a year. Employees filling the following described positions in the classified service may receive annual salaries not to exceed the following specified amounts:

 

Chief, dental health services (Range A)....................................    $20,500

Chief, dental health services (Range B)....................................       22,000

Chief, maternal and child health (Range A)............................       22,000

Chief, maternal and child health (Range B)............................       23,000

Chief, preventive medical services (Range A)..........................       22,000

Chief, preventive medical services (Range B)..........................       23,000

Senior physician (Range A).........................................................       21,000

Senior physician (Range B).........................................................       22,500

Senior psychiatrist (Range A).....................................................       24,000

Senior psychiatrist (Range B).....................................................       26,000

State health officer (Range A)....................................................       24,000

State health officer (Range B)....................................................       26,000

Supervisor, tuberculosis control (Range A).............................       22,000

Supervisor, tuberculosis control (Range B).............................       23,000

Welfare medical care officer.......................................................       21,000

 

As used in this subsection a senior psychiatrist (Range B) is a psychiatrist certified or eligible for certification by the American Board of Psychiatry.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1395 (Chapter 656, AB 793)ê

 

certified or eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.

      6.  Except as otherwise provided in this subsection, no employee in the classified service may receive a salary in excess of 95 percent of the salary received by his immediate supervisor if his immediate supervisor is in the unclassified service. The provisions of this subsection shall not:

      (a) Be construed to effect a reduction of the salary of any employee in the classified service on July 1, 1967.

      (b) Apply to physicians, surgeons and dentists in full-time employment with the state and to engineers employed by the state planning board.

      Sec. 2.  NRS 433.145 is hereby amended to read as follows:

      433.145  [1.]  The number of senior psychiatrists, in [grades] ranges A and B combined, employed at the:

      [(a)] 1.  Hospital, excluding the superintendent, shall not exceed six.

      [(b)] 2.  Mental health center, excluding the director, shall not exceed five.

      [2.  The annual salary of a senior psychiatrist in the classified service of the state shall not exceed:

 

If he is in grade A.......................................................................................      $23,000

If he is in grade B.......................................................................................        25,000

 

      3.  As used in this section:

      (a) Grade B consists of psychiatrists certified or eligible for certification by the American Board of Psychiatry.

      (b) Grade A consists of psychiatrists not so certified or eligible.]

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  NRS 439.120 is hereby amended to read as follows:

      439.120  The state health officer shall:

      1.  [Receive an annual salary not to exceed $21,000, which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.] Be in the classified service of the state and shall receive an annual salary not to exceed the amount specified in NRS 284.175.

      2.  Be allowed the per diem expense allowance and travel expenses as provided by law.

      Sec. 5.  This act shall become effective at 12:03 a.m. on July 1, 1969.

 

________


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1396ê

 

CHAPTER 657, AB 795

Assembly Bill No. 795–Committee on Transportation

CHAPTER 657

AN ACT relating to taxicab motor carriers; providing for the payment of annual fees to the public service commission of Nevada; creating the taxicab regulating fund account; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Each taxicab motor carrier shall, before commencing the operation defined in NRS 706.120 and annually thereafter, pay to the commission a $75 fee for each taxicab which it operates.

      2.  The fee provided in this section shall be paid on or before January 1 of each year.

      3.  The initial fee shall be reduced one-twelfth for each month which has elapsed since the beginning of the calendar year in which operation is begun.

      Sec. 3.  1.  The taxicab regulating fund account is hereby created as a continuing fund account in the state treasury for the use of the public service commission of Nevada in supervising and regulating taxicab motor carriers in this state.

      2.  No moneys in such fund shall revert to the general fund at any time.

      3.  All moneys in such fund shall be paid out on claims approved by the state board of examiners in the same manner as other claims against the state are paid.

      Sec. 4.  NRS 706.190 is hereby amended to read as follows:

      706.190  1.  All costs of administration of NRS 706.010 to 706.870, inclusive, except as provided in subsection 2, shall be paid from the state highway fund on claims presented by the commission, approved by the state board of examiners.

      2.  Costs of supervising and regulating taxicab motor carriers shall be paid from the taxicab regulating fund account on claims presented by the commission and approved by the state board of examiners.

      Sec. 5.  NRS 706.200 is hereby amended to read as follows:

      706.200  1.  All moneys collected by the department under the provisions of NRS 706.010 to 706.870, inclusive, shall be paid over to the state treasurer by the department on or before the 1st Monday of each month. The state treasurer shall place such moneys in the state highway fund for the construction, maintenance and repair of the public highways of this state.

      2.  All moneys collected by the commission under the provisions of section 2 of this act shall be paid over to the state treasurer on or before the first Monday of each month. The state treasurer shall place such moneys in the taxicab regulating fund account.

      3.  The department [is] and the commission are directed and authorized to deposit such moneys, while in [its] their possession, in a reputable bank in this state.


…………………………………………………………………………………………………………………

ê1969 Statutes of Nevada, Page 1397 (Chapter 657, AB 795)ê

 

bank in this state. Such bank shall execute and deliver to the department or commission good and sufficient collateral security or a depositary bond to be approved by the state board of examiners.

      Sec. 6.  This act shall become effective at 12:01 a.m. on July 1, 1969.

 

________

 

 

CHAPTER 658, AB 797

Assembly Bill No. 797–Committee on Ways and Means

CHAPTER 658

AN ACT making appropriations from the general fund, the state highway fund and the fish and game fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1969, and ending June 30, 1970, and beginning July 1, 1970, and ending June 30, 1971; and providing other matters properly relating thereto.

 

[Approved April 28, 1969]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  The following sums are hereby appropriated from the general fund in the state treasury, except when otherwise specified, for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1969, and ending June 30, 1970, and beginning July 1, 1970, and ending June 30, 1971.

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

      Sec. 2.  The Office and Mansion of the Governor.

      For the support of the office of the governor.............      $185,777      $192,794

      For the support of the office of the extradition clerk          33,599      33,599

      For the support of the governor’s mansion ................          26,759      26,759

      Sec. 3.  The Office of Lieutenant Governor.

      For the support of the office of lieutenant governor.             9,679      10,485

      Sec. 4.  The office of Attorney General.

      For the support of the office of attorney general.......        188,155      192,306

      For the special fund of the attorney general...............          10,000      10,000

      Sec. 5.  The Office of Secretary of State.

      For the support of the office of secretary of state.....        188,094      194,141


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ê1969 Statutes of Nevada, Page 1398 (Chapter 658, AB 797)ê

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

      For the support of the archives division.......................        $21,102      $21,694

      Sec. 6.  The Office of State Treasurer.

      For the support of the office of state treasurer...........          76,717      75,275

      Sec. 7.  The Office of State Controller.

      For the support of the office of state controller.........        236,272      226,409

      Sec. 8.  Department of Administration.

      For the support of the budget division.........................        157,032      163,392

      For the support of the merit award board...................             2,250      2,250

      For the support of the buildings and grounds division                           23,883................................................................................ 37,066

      For the support of the record services division...........          21,145      21,527

      The following sum is hereby appropriated from the state highway fund for the support of the budget division.......................          12,718      13,354

      Sec. 9.  Judges’ Salaries and Pensions.

      For the support of district judges’ salaries...................        358,482      401,615

      For the support of district judges’ pensions.................          40,055      40,055

      For the support of supreme court justices’ and widows’ pensions       12,650................................................................................ 12,650

      Sec. 10.  District Judges’ Travel.

      For the support of district judges’ travel......................          26,300      26,300

      Sec. 11.  Supreme Court of Nevada.

      For the support of the supreme court of Nevada.......        337,388      348,220

      Sec. 12.  State Board of Pardons Commissioners.

      For the support of the state board of pardons commissioners             2,759.................................................................................. 15,539

      Sec. 13.  Department of Economic Development.

      For the support of the department of economic development            458,180.............................................................................. 456,586

      Sec. 14.  State Board of Finance.

      For the support of the state board of finance.............                862      862


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ê1969 Statutes of Nevada, Page 1399 (Chapter 658, AB 797)ê

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

      Sec. 15.  State Planning Board.

      For the support of the state planning board................      $209,140      $209,703

      For the support of urban planning................................          25,356      24,976

      Sec. 16.  Nevada Tax Commission.

      The following sum is hereby appropriated from the general fund for the support of the Nevada tax commission................     1,066,336      1,113,695

      The following sum is hereby appropriated from the state highway fund for the support of the motor vehicle fuel tax division of the Nevada tax commission (the amount unexpended and unencumbered of each fiscal year’s appropriation on June 30 will revert to the state highway fund)........................................          49,000      50,000

      Sec. 17.  Nevada Commissioner for Veterans Affairs.

      For the support of the office of the Nevada commissioner for veterans affairs.......................................................................          69,102      70,056

      Sec. 18.  Nevada Commission on Equal Rights of Citizens.

      For the support of the Nevada commission on equal rights of citizens......................................................................................          69,886      69,950

      Sec. 19.  Indian Affairs Commission.

      For the support of the Nevada Indian affairs commission                   24,855................................................................................ 25,166

      Sec. 20.  Legislative Counsel Bureau.

      For the support of the legislative building....................          54,960      …..…..

      For the support of the legislative counsel bureau.......        759,342      806,131

      Sec. 21.  State Department of Education.

      The following sums are hereby appropriated for the support of:

 

Administration...........................................................        454,043...................................................................................... 58,674

Care of deaf, dumb and blind.................................        168,152...................................................................................... 211,673

Vocational education...............................................        459,910...................................................................................... 462,012

Adult basic education...............................................          11,760...................................................................................... 12,210

Manpower development and training...................          36,028...................................................................................... 36,051

Automobile driver education fund.........................        129,000...................................................................................... 135,000

 

      Sec. 22.  Nevada Educational Communications Commission.

      For the support of the Nevada educational communications commission.............................................................................          30,092      30,417


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ê1969 Statutes of Nevada, Page 1400 (Chapter 658, AB 797)ê

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

      Sec. 23.  Nevada Historical Society.

      For the support of the Nevada historical society.......        $59,905      $60,135

      Sec. 24.  State Library.

      For the support of the state library...............................        252,652      252,652

      Sec. 25.  Nevada State Museum.

      For the support of the Nevada state museum............          91,269      88,257

      Sec. 26.  Lost City Museum.

      The following sum is hereby appropriated to the buildings and grounds division of the department of administration for the support of the Lost City museum......................................................          19,716      17,313

      Sec. 27.  Nevada Heritage Association.

      For the support of the Nevada heritage association..                     1  1

      Sec. 28.  Western Regional Higher Education Compact Fund.

      For the support of the Western Regional Higher Education Compact fund........................................................................        161,145      259,900

      Sec. 29.  University of Nevada.

      For the support of general university administration and expense          313,882.............................................................................. 323,244

      For the support of University of Nevada, Reno, campus instruction                                                                                                    7,588,590      8,037,969

      For the support of University of Nevada, Las Vegas, campus instruction................................................................................     3,348,377      3,740,354

      For University of Nevada, Reno, library books..........        264,783      298,754

      For University of Nevada, Las Vegas, library books.        264,783      298,754

      For the support of statewide services and the Desert Research Institute....................................................................................        839,731      889,731

      For the support of classified and technical salary adjustment (to be allocated by the university to specific funds)..............        250,000      300,000

      For the support of Elko Community College..............        150,000      175,000

      For the support of the agricultural experiment station                           708,148.............................................................................. 739,840

      For the support of Pahrump Valley research..............          26,500      26,500

      For the support of the agricultural extension service.        582,464      611,957


 

 

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