[Rev. 10/26/2015 12:41:56 PM]

Link to Page 1400

 

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ê1969 Statutes of Nevada, Page 1401 (Chapter 658, AB 797)ê

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

For the support of National defense student loans                        ................................................................................ $25,000 ----------

For the support of the university computer center                         ................................................................................ 400,554................................................................................ $422,884

      Sec. 30.  Department of Health, Welfare and Rehabilitation.

The following sums are hereby appropriated for the support of:

 

Office of the director of economic opportunity...                 9,273................................................................................ 9,350

Health division

Office of the state health officer......................            160,000......................................................................... 160,000

Special silicosis fund...........................................              46,601......................................................................... 46,601

Vital statistics.......................................................              95,291......................................................................... 97,579

Tuberculosis care and mobile unit...................            386,594......................................................................... 404,679

Dental health.......................................................              99,775......................................................................... 106,973

Meat inspection...................................................              49,512......................................................................... 45,856

Environmental health........................................            165,740......................................................................... 173,686

Special children’s clinics....................................              52,570......................................................................... 54,610

Bureau of health facilities.................................              38,095......................................................................... 40,547

Public health laboratory....................................            209,212......................................................................... 205,300

Crippled children’s services and maternal, child and school health..............................................................            329,087......................................................................... 352,728

Community health services..............................              79,087......................................................................... 77,357

Mental hygiene and mental retardation division

Central office, bureau of community services and mental health care program.....................................            418,016......................................................................... 383,253

Nevada state hospital........................................         2,768,938......................................................................... 2,817,601

Bureau of mental retardation...........................              38,118......................................................................... 39,216

Mental retardation cottages, Las Vegas.........              46,033......................................................................... 158,357

Mental retardation cottages, Sparks...............              38,257......................................................................... 138,053

Southern Nevada comprehensive mental health center         ......................................................................... 121,099......................................................................... 244,152

Welfare division

Old-age assistance..............................................            825,647......................................................................... 825,946

Aid to the blind....................................................              96,768......................................................................... 99,648

Aid to dependent children.................................         1,253,640......................................................................... 1,441,680

Child welfare services.........................................            583,866......................................................................... 627,572

Homemaking services........................................              31,110......................................................................... 40,846

Welfare professional education.......................                 1,750......................................................................... 1,750

Medical care unit, Title XIX..............................         1,980,214......................................................................... 2,284,578


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ê1969 Statutes of Nevada, Page 1402 (Chapter 658, AB 797)ê

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

Intermediate care facilities................................          $216,000......................................................................... $324,000

Public assistance and child welfare administration                 ......................................................................... 1,175,943......................................................................... 1,270,628

Rehabilitation division..............................................            179,703      198,163

Services to the blind division...................................              95,068      123,837

Alcoholism division...................................................              46,195      46,110

Nevada youth training center division...................            969,447      998,918

Nevada girls training center division......................            698,600      700,669

Children’s home division

Carson City facility............................................            267,529......................................................................... 273,780

Clark County facility.........................................            100,767......................................................................... 154,336

 

      Sec. 31.  Adjutant General and the Nevada National Guard.

For the support of the adjutant general and the Nevada National Guard....................................................            204,427................................................................................ 202,744

      Sec. 32.  Department of Civil Defense and Disaster Assistance.

For the support of the department of civil defense and disaster assistance.............................................................              28,944................................................................................ 28,602

      Sec. 33.  Nevada State Prison.

For the support of the Nevada state prison..........         2,325,646................................................................................ 2,351,212

      Sec. 34.  Department of Parole and Probation.

For the support of the department of parole and probation        ................................................................................ 427,150................................................................................ 462,029

For the support of the narcotic and dangerous drug division       ................................................................................ 82,528................................................................................ 115,351

      Sec. 35.  Commission on Crimes, Delinquency and Corrections.

For the support of the commission on crimes, delinquency and corrections............................................................                 5,000................................................................................ 5,000

      Sec. 36.  Department of Commerce.

      The following sums are hereby appropriated for the support of:

 

Office of the director.................................................              42,719      43,567

Insurance division.....................................................            210,470      219,912

Appropriated to the insurance division for the support of the state fire marshal...................................              42,387......................................................................... 43,553

Banking division........................................................            126,194      127,999

Savings and loan division........................................              66,853      66,738

Real estate division...................................................            140,239      134,115


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ê1969 Statutes of Nevada, Page 1403 (Chapter 658, AB 797)ê

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

      Sec. 37.  State Labor Commissioner and State Apprenticeship Council.

      For the support of the labor commissioner and the state apprenticeship council...........................................................       $99,216      $102,177

      Sec. 38.  Public Service Commission of Nevada.

      The following sum is hereby appropriated from the state highway fund for the support of the public service commission of Nevada.........................................................       180,963      185,482

      The following sum is hereby appropriated from the general fund for the support of taxicab regulation..........       56,584      62,399

      Sec. 39.  The Office of Inspector of Mines.

      For the support of the office of inspector of mines...       86,073      82,775

      Sec. 40.  State Department of Conservation and Natural Resources.

      The following sums are hereby appropriated for the support of:

 

Office of the director................................................. ........................................................................ 135,308........................................................................ 138,089

State committee on federal land laws................... .......................................................................... 17,455.......................................................................... 17,455

Division of water resources...................................... ........................................................................ 492,963........................................................................ 488,345

California-Nevada compact commission............. .......................................................................... 30,000.......................................................................... 30,000

Division of forestry.................................................... ........................................................................ 144,514........................................................................ 128,190

Forest pest control..................................................... 5,000............................................................................. 5,000

Forest fire suppression.............................................. .......................................................................... 37,500.......................................................................... 37,500

Humboldt River water investigation...................... 2,972............................................................................. ----------

State soil conservation committee............................ 750............................................................................. 750

Division of state parks

Administration.................................................. .............................................................. 353,810.............................................................. 342,964

Capital improvements.................................... .............................................................. 583,336................................................................... ----------

Statewide park plan......................................... ................................................................. 24,213................................................................. 19,354

 

      Sec. 41.  State Department of agriculture.

      The following sums are hereby appropriated for the support of:

 

Division of plant industry......................................... ........................................................................ 325,033........................................................................ 347,218

Livestock disease control fund............................... .......................................................................... 69,933.......................................................................... 70,656

Animal disease laboratory....................................... .......................................................................... 60,910.......................................................................... 59,326


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ê1969 Statutes of Nevada, Page 1404 (Chapter 658, AB 797)ê

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

      Sec. 42.  State Predatory Animal and Rodent Committee.

      The following sum is hereby appropriated from the general fund for the support of the state predatory animal and rodent committee...........................................................       $100,000      $100,000

      The following sum is hereby appropriated from the fish and game fund for the support of the state predatory animal and rodent committee.............................................       20,000      20,000

      Sec. 43.  Nevada Junior Livestock Show Board.

      For the support of the Nevada junior livestock show board........................................................................................       2,000      2,000

      Sec. 44.  Advisory Mining Board.

      For the support of the advisory mining board............. 800      800

      Sec. 45.  State Bureau of Mines.

      For the support of the state bureau of mines..............       87,500      87,500

      Sec. 46.  Department of Motor Vehicles.

      The following sum is hereby appropriated from the general fund for the support of the highway safety program       143      4,361

      The following sum is hereby appropriated from the state highway fund for the support of the highway safety program..................................................................................... 143      4,361

      The following sum is hereby appropriated from the state highway fund for the support of the department of motor vehicles.....................................................................................       4,297,057      4,367,183

      Sec. 47.  State Officers’ Bond Premiums.

      For the payment of state officers’ bond premiums...       3,750      3,750

      Sec. 48.  Consolidated Bond Interest and Redemption Fund.

      For the support of the consolidated bond interest and redemption fund.....................................................................       1,460,799      1,943,747

      Sec. 49.  State Board of Examiners.

      For payment by the state board of examiners of taxes pursuant to subsection 4 of NRS 361.055, as amended by Senate Bill No. 307, 55th session of the legislature..........       100,000      100,000


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ê1969 Statutes of Nevada, Page 1405 (Chapter 658, AB 797)ê

 

      Sec. 50.  1.  Except as provided in subsection 3, the funds herein appropriated shall be:

      (a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and

      (b) Work-programmed for the 2 separate fiscal years, 1969-1970 and 1970-1971, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      2.  Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      3.  Pursuant to law, the moneys appropriated by sections 11 and 20 of this act for the support of the supreme court of Nevada and the legislative counsel bureau shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.

      Sec. 51.  Notwithstanding any other provisions of this act, the moneys appropriated by:

      1.  Section 30 of this act for tuberculosis care and operation of the mobile unit by the health division of the department of health, welfare and rehabilitation and to old-age assistance, aid to the blind, aid to dependent children, child welfare services and the Title XIX fund of the welfare division of the department of health, welfare and rehabilitation;

      2.  Section 40 of this act for capital improvements for the division of state parks of the state department of conservation and natural resources; and

      3.  Section 48 of this act to the consolidated bond interest and redemption fund,

shall be available for both fiscal years, 1969-1970, and 1970-1971, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      Sec. 52.  Notwithstanding any other provisions of this act, the sum of $54,960 appropriated by section 20 of this act for the support of the legislative building shall be available for both fiscal years, 1969-1970, and 1970-1971, and may be transferred from one fiscal year to the other with the approval of the legislative commission.

      Sec. 53.  1.  After June 30, 1970, unexpended balances of the appropriations herein made for the fiscal year 1969-1970 shall not be encumbered or committed for expenditure and, except as otherwise provided in subsection 2 of this section, shall revert to the fund from which appropriated on June 30, 1971.

      2.  If on September 1, 1970, any unexpended balance remains of the moneys appropriated to:

      (a) The legislative counsel bureau for its support by section 20 of this act, such unexpended balance shall not revert to the general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.


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ê1969 Statutes of Nevada, Page 1406 (Chapter 658, AB 797)ê

 

shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.

      (b) The Western Regional Higher Education Compact fund by section 28 of this act, such unexpended balance shall not revert to the general fund but shall continue as a part of the Western Regional Higher Education Compact fund pursuant to statute.

      Sec. 54.  1.  After June 30, 1971, unexpended balances of the appropriations herein made for the fiscal year 1970-1971 shall not be encumbered or committed for expenditure and, except as otherwise provided in subsection 2 of this section, shall revert to the fund from which appropriated on June 30, 1972.

      2.  If on September 1, 1971, any unexpended balance remains of the moneys appropriated to:

      (a) The legislative counsel bureau for its support by section 20 of this act, such unexpended balance shall not revert to the general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.

      (b) The Western Regional Higher Education Compact fund by section 28 of this act, such unexpended balance shall not revert to the general fund but shall continue as a part of the Western Regional Higher Education Compact fund pursuant to statute.

 

________

 

 

CHAPTER 659, AB 798

Assembly Bill No. 798–Committee on Ways and Means

CHAPTER 659

AN ACT authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing 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.  Expenditure of the following sums not appropriated from the general fund or the state highway fund in the state treasury is hereby authorized during the fiscal years beginning July 1, 1969, and ending June 30, 1970, and beginning July 1, 1970, and ending June 30, 1971, by the various officers, departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

Attorney general.....................................................        $139,322...................................................................... $139,322

Department of state printing................................          724,698...................................................................... 815,729

Department of administration

Budget division..........................................              17,443   16,482

Record services.................................              81,648................................................... 56,373

Insurance premium revolving fund........            230,234   230,234


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ê1969 Statutes of Nevada, Page 1407 (Chapter 659, AB 798)ê

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

Buildings and grounds division...............          $873,111   $920,045

Statewide leases...............................            103,668................................................... 103,668

Marlette Lake water system..........              33,795................................................... 34,376

Motor pool..................................................            249,791   252,038

General services working capital fund...            637,085   660,783

Purchasing division....................................            257,480   258,092

Surplus property section.................              44,019................................................... 44,019

Personnel division......................................            323,656   330,188

Central data processing division.............            326,216   327,032

Accounting division...................................              48,354   50,141

District judges’ travel.............................................                  400...................................................................... 400

State planning board

Urban planning..........................................              50,656   49,881

Nevada tax commission.......................................             57,600...................................................................... 58,650

State department of education

Administration...........................................            407,257   415,361

Training of teachers of handicapped children                   55,059............................................. 60,111

Fleischmann scholarships........................            194,454   200,186

National Defense Education Act............              60,000   60,000

Indian education.......................................            136,100   136,400

Western states small schools project......            307,100   295,771

Elementary and Secondary Education Act

Title I........................................            963,372......................................... 963,372

Title II.......................................              80,000......................................... 80,000

Title III.....................................            520,000......................................... 520,000

Title VI.....................................            100,000......................................... 100,000

Vocational education...............................            565,650   565,650

Manpower development and training...            322,425   322,425

Adult basic education...............................            130,050   135,050

Nevada historical society......................................               3,000...................................................................... 3,000

State library.............................................................          146,789...................................................................... 146,789

Library construction-federal....................            100,000   100,000

State institution of library service...........              24,995   24,995

Physically handicapped library services                 4,010   4,010

Library cooperation..................................            139,300   142,995

Library cooperative revolving book fund                           280,000.......................................... 500,000

Library services to the aging....................                 6,000   5,000

Western Regional Higher Education Compact.             28,159...................................................................... ----------

University of Nevada

University of Nevada, Reno, campus instruction              2,619,700....................................... 2,772,200


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ê1969 Statutes of Nevada, Page 1408 (Chapter 659, AB 798)ê

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

University of Nevada, Las Vegas, campus instruction     $1,293,800..................................... $1,553,150

Department of health, welfare and rehabilitation

Office of the director.................................              76,099   78,129

Office of the director of economic opportunity                 37,086............................................. 37,400

Health division

Comprehensive health planning...              63,255................................................... 65,170

Tuberculosis followup.....................            140,378................................................... 143,672

Special children’s clinic...................              84,732................................................... 84,732

Venereal disease special project....              19,262................................................... 19,532

Bureau of health facilities..............              51,998................................................... 51,998

Public health laboratory.................              24,951................................................... 24,951

Office of the state health officer...            218,567................................................... 233,567

Environmental health.....................              82,464................................................... 82,464

Community health services...........            235,645................................................... 235,645

Dental health....................................              58,936................................................... 58,936

Meat inspection................................              49,513................................................... 45,857

Crippled children’s services and maternal, child and school health...................            356,200................................................... 361,200

Mental hygiene and mental retardation division               65,000............................................. 65,000

Nevada state hospital.....................            273,000................................................... 273,000

In-service education (mentally ill)                  ......................................... 25,000 25,000

Intensive treatment and followup program ......................................... 100,000......................................... 100,000

In-service training (mentally retarded)          ......................................... 19,224 19,224

Southern Nevada comprehensive mental health center........................................              59,489................................................... 192,550

Welfare division

Old-age assistance...........................         1,656,615................................................... 1,657,212

Aid to the blind.................................            100,800................................................... 103,800

Aid to dependent children..............         2,758,008................................................... 3,171,696

Child welfare services......................            220,734................................................... 236,868

United States Indian services.........            279,975................................................... 267,191

Homemaking services.....................              88,067................................................... 115,436

Welfare professional education....              19,250................................................... 26,250

Medical care unit, Title XIX...........         5,557,545................................................... 5,899,472

Intermediate care facilities.............            144,000................................................... 216,000

Public assistance and child welfare administration.........................         1,394,712................................................... 1,511,389


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ê1969 Statutes of Nevada, Page 1409 (Chapter 659, AB 798)ê

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

Rehabilitation division

Vocational rehabilitation................      $1,071,000................................................... $1,081,000

OASI disability determinations.....            140,541................................................... 148,490

Services to the blind division...................            145,613   126,500

Nevada youth training center division...              12,000   12,000

Nevada girls training center division......                 4,000   4,000

Counseling enrichment..........              11,162......................................... 11,162

Children’s home division

Carson City facility................                 1,000......................................... 1,000

Adjutant general and the Nevada National Guard                   ...................................................................... 127,963...................................................................... 127,963

Department of civil defense and disaster assistance                ...................................................................... 27,818...................................................................... 28,289

RADEF maintenance shop......................              37,566   38,656

Community shelter planning program...              20,924   21,677

Nevada state prison...............................................             76,800...................................................................... 80,000

Commission on crimes, delinquency and corrections               ...................................................................... 229,547...................................................................... 229,707

Nevada racing commission..................................               6,395...................................................................... 6,420

Public service commission of Nevada................          318,952...................................................................... 327,690

Taxicab regulation....................................              68,375   62,875

Nevada athletic commission................................             21,963...................................................................... 21,963

Hoisting engineers examining board...................                  865...................................................................... 865

State department of conservation and natural resources        ...................................................................... 5,800    5,800

Division of oil and gas conservation......                 3,400   3,400

Division of forestry....................................            301,500   306,000

Forest fire suppression.....................              35,000................................................... 35,000

Forest pest control............................              10,000................................................... 10,000

Forest and watershed rehabilitation                        ................................................... 5,000     5,000

Nevada conservation honor camp                          ................................................... 6,000     6,000

Humboldt River water investigation......                 2,500   2,500

Division of state parks..............................              40,000   40,000

Capital improvements....................            493,461................................................... ----------

Statewide park plan.........................              24,215................................................... 19,356

Marina development.......................              70,000................................................... 70,000

State board of fish and game commissioners (or its successor)....................................................       1,843,881...................................................................... 2,265,000

Nevada state dairy commission..........................          165,745...................................................................... 168,910

Colorado River commission of Nevada............          169,644...................................................................... 170,430


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ê1969 Statutes of Nevada, Page 1410 (Chapter 659, AB 798)ê

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

Colorado River-water treatment plant..              ----------   $252,000

Colorado River water treatment facilities-state                 $6,462,500..................................... 1,885,200

State department of agriculture

Division of plant industry.........................              21,450   21,450

Agriculture registration and enforcement fund                  29,079............................................. 28,454

Livestock inspection fund........................            166,045   166,953

Apiary inspection.......................................                 9,191   9,288

State board of sheep commissioners..................             15,600...................................................................... 15,600

State woolgrowers’ predatory animal committee                      ...................................................................... 39,547...................................................................... 39,547

Department of highways......................................     57,500,000...................................................................... 60,000,000

Highway safety program.........................              86,445   79,827

Employment security department......................       4,432,566...................................................................... 4,761,233

OASI administration.................................                 3,200   3,500

Public employees’ retirement board...................          153,900...................................................................... 140,687

Professional and vocational boards and commissions

Private investigator’s licensing board.....                 5,190   5,322

Nevada state board of public accountants                        15,260............................................. 16,200

State board of architecture......................              16,500   17,790

State barber’s health and sanitation board                        16,775............................................. 16,775

State board of pharmacy.........................              45,000   45,000

State board of physical therapy examiners                        500.................................................. 500

Board of psychological examiners.........                    500   500

State board of veterinary medical examiners                    3,050............................................... 3,050

Board of registration for public health sanitarians            505.................................................. 505

Nevada liquefied petroleum gas board.              15,200   15,200

Board of medical examiners of the State of Nevada       24,350............................................. 25,480

Nevada state board of examiners in optometry                3,250............................................... 3,750

State board of osteopathy.......................                    500   500

State board of nursing..............................              33,975   33,790

Board of dental examiners of Nevada..              11,010   11,010

Board of dispensing opticians.................                    550   550

State board of registered professional engineers                28,000............................................. 28,500

State board of funeral directors and embalmers               4,650............................................... 4,650


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ê1969 Statutes of Nevada, Page 1411 (Chapter 659, AB 798)ê

 

Fiscal Year                                                                                            Fiscal Year

                                                                                             1969-1970                                                                                             1970-1971

State board of examiners in the basic sciences                  $5,500............................................. $5,500

State board of podiatry............................                    232   232

Nevada state board of chiropractic examiners                  8,650............................................... 8,650

State contractors’ board...........................            160,000   160,000

State board of cosmetology....................              33,000   34,000

 

      Sec. 2.  1.  Expenditures of $258,725 by the Nevada gaming commission and $1,087,079 by the state gaming control board from the general fund pursuant to the provisions of NRS 463.330 are hereby authorized during the fiscal year beginning July 1, 1969, and ending June 30, 1970.

      2.  Expenditures of $277,412 by the Nevada gaming commission and $1,097,824 by the state gaming control board from the general fund pursuant to the provisions of NRS 463.330 are hereby authorized during the fiscal year beginning July 1, 1970, and ending June 30, 1971.

      Sec. 3.  The funds authorized to be expended by the provisions of sections 1 and 2 shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      Sec. 4.  The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amount authorized in sections 1 and 2 for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in sections 1 and 2.

      Sec. 5.  Where the operation of an office, department, board, agency, commission or institution or a program is financed by an appropriation or appropriations from the general fund as well as by funds received from other sources, the portion provided by appropriation from the general fund shall be decreased to the extent that the receipt of the funds from other sources approved by this act are exceeded, but such decrease shall not jeopardize the receipt of such funds to be received from other sources.

      Sec. 6.  1.  In addition to the amount authorized for the University of Nevada in section 1, expenditure of $581,122 for the University of Nevada experiment station and $425,753 for the University of Nevada extension division from federal and county subvention and sales not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1969, and ending June 30, 1970.

      2.  In addition to the amount authorized for the University of Nevada in section 1, expenditure of $590,787 for the University of Nevada experiment station and $437,118 for the University of Nevada extension division from federal and county subventions and sales and not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1970, and ending June 30, 1971.


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

ê1969 Statutes of Nevada, Page 1412 (Chapter 659, AB 798)ê

 

in section 1, expenditure of $590,787 for the University of Nevada experiment station and $437,118 for the University of Nevada extension division from federal and county subventions and sales and not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1970, and ending June 30, 1971.

      3.  The funds authorized to be expended in subsections 1 and 2 of this section shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive. The chief of the budget division of the department of administration may authorize augmentation of the amounts authorized for expenditure by subsections 1 and 2 of this section in the amount of any funds which he estimates will be received by the University of Nevada from federal or county subventions or sales but shall not reduce the amount so authorized.

 

________

 

 

CHAPTER 660, SB 275

Senate Bill No. 275–Senators Bunker and Dodge

CHAPTER 660

AN ACT relating to the legislative counsel bureau; increasing the regular and alternate membership of the legislative commission; 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 218.660 is hereby amended to read as follows:

      218.660  1.  There is hereby created in the legislative counsel bureau a legislative commission consisting of [eight] 12 members.

      2.  At each regular session of the legislature held in odd-numbered years, the senate shall, by resolution, designate [four] six senators as regular members of the legislative commission, and the assembly shall, by resolution, designate [four] six assemblymen as regular members of the legislative commission. Of the aforesaid membership there shall be [two] three senators and [two] three assemblymen from each party in the houses.

      3.  In addition to the members designated in subsection 2:

      (a) The senate shall, by resolution, designate [four] six senators, [two] three from each party, as first alternate members, [and] second alternate members [.] and third alternate members.

      (b) The assembly shall, by resolution, designate [four] six assemblymen, [two] three from each party, as [first alternate members and second] alternate members.

      4.  A vacancy in the regular senate membership created by death or resignation or by the senator ceasing to be a member of the senate shall be filled, first by the proper first alternate member of the same party in the [same house,] senate, and second, if there is no first alternate member, then by the proper second alternate member of the same party in the [same house. 5.] senate, and third, if there is no second alternate member, then by the proper third alternate member of the same party in the senate.


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

ê1969 Statutes of Nevada, Page 1413 (Chapter 660, SB 275)ê

 

senate. If there is no proper alternate member, the legislative commission shall fill the vacancy by appointing a [member of the legislature of the same party in the same house.] senator of the same party.

      5.  A vacancy in the regular assembly membership created by death or resignation or by the assemblyman ceasing to be a member of the assembly shall be filled by the legislative commission appointing an alternate assembly member of the same party. If there is no proper alternate member, the legislative commission shall fill the vacancy by appointing an assemblyman of the same party.

      6.  The members shall serve until their successors are appointed as provided in this section, notwithstanding that their terms of office may have expired, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection shall terminate on the day next after the election and the vacancy shall be filled as provided in [subsection 4.] subsections 4 and 5.

      Sec. 2.  NRS 218.670 is hereby amended to read as follows:

      218.670  1.  The members of the legislative commission shall meet at such times and at such places as shall be specified by a call of the chairman or a majority of the commission. The director of the legislative counsel bureau shall act as the nonvoting recording secretary. The commission shall prescribe rules and regulations for its own management and government. [Five] Seven members of the commission shall constitute a quorum, and a quorum may exercise all the power and authority conferred on the commission.

      2.  If any regular member of the legislative commission is unable to attend a scheduled meeting of the commission, and notifies the secretary of the commission, the secretary shall notify the proper alternate member. Such alternate member may then replace the regular member at that meeting only with all the duties, rights and privileges of the replaced member.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 661, SB 364

Senate Bill No. 364–Committee on Federal, State and Local Governments

CHAPTER 661

AN ACT concerning local improvement districts; amending provisions of the Consolidated Local Improvements Law and the County Improvements Law relating to required notices for hearings when the provisional order method is employed to acquire projects; 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 271.305 is hereby amended to read as follows:

      271.305  1.  In the provisional order the governing body shall set a time at least 20 days thereafter and place at which the owners of the tracts to be assessed, or any other persons interested therein, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered.


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

ê1969 Statutes of Nevada, Page 1414 (Chapter 661, SB 364)ê

 

the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered.

      2.  Notice shall be given:

      (a) By publication.

      (b) By mail.

      (c) By posting.

      3.  Proof of publication shall be by affidavit of the publisher.

      4.  Proof of mailing and proof of posting shall be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.

      5.  Proof of publication, proof of mailing and proof of posting shall be maintained in the records of the municipality until all the assessments appertaining thereto shall have been paid in full, principal, interest, any penalties, and any collection costs.

      6.  The notice shall describe:

      (a) The kind of project or projects proposed (without mentioning minor details or incidentals).

      (b) The estimated cost of the projects, or the estimated total amount of projects, and the part or portion, if any, to be paid from sources other than assessments.

      (c) The basis for apportioning the assessments, which assessments shall be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.

      (d) The number of installments and time in which the assessments will be payable.

      (e) The maximum rate of interest on unpaid installments of assessments.

      (f) The extent of the improvement district to be assessed (by boundaries or other brief description).

      (g) The time and place when and where the governing body will consider the ordering of the proposed projects and hear all complaints, protests and objections that may be made in writing and filed with the clerk of the municipality at least 3 days prior thereto, or verbally at the hearing, concerning the same, by the owner of any tract to be assessed or any person interested.

      (h) The fact that the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be seen and examined at the office of the clerk during business hours, at any time, by any person so interested.

      (i) The fact, in general terms, that unless there be no substantial change, a substantial change in certain existing street elevations or grades will result from the project or projects proposed, without necessarily including any statement in detail of the extent or location of any such change.

      7.  The notice shall also state:

      (a) That regardless of the basis used for apportioning assessments, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.


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

ê1969 Statutes of Nevada, Page 1415 (Chapter 661, SB 364)ê

 

apportioned thereto shall be in proportion to the special benefits thereby derived.

      (b) That if, within the time specified in the notice, complaints, protests and objections in writing, i.e., all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body shall be filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein shall not be acquired or improved:

             (1) Except in case the municipality shall pay one-half or more of the total cost of any project other than a park project as defined in NRS 271.160 with funds derived from other than the levy of assessments; or

             (2) Except in the case of any project authorized hereunder constituting not more than 1,320 feet (including intersections) remaining unimproved in any street (including an alley) between improvements already made to the same street [,] or between improvements already made to intersecting streets, in which case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved and the improvements shall not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, shall deem such written complaints, protests and objections proper to cause the improvement to be stayed or prevented; provided, that at least 50 percent of the total number of tracts of property to be assessed for the improvements to the unimproved part of the street shall contain a permanent structure or building, or any other type of improvement of a permanent nature.

      8.  Nothing herein contained shall be construed as requiring the notice to state either or both exceptions stated in subparagraphs (1) and (2) of paragraph (b) of subsection 7 unless either or both exceptions are determined by the governing body to be relevant to the proposed improvement district to which the notice appertains.

      9.  All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body at any time prior to the passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.

      10.  No substantial change in the improvement district, details, preliminary plans or specifications or estimates shall be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.

      11.  The engineer, however, shall have the right to make minor changes in time, plans and materials entering into the work at any time before its completion.

      Sec. 2.  NRS 244.873 is hereby amended to read as follows:

      244.873  1.  In the provisional order the board shall set a time at least 20 days thereafter and place at which the owners of the tracts to be assessed, or any other persons interested therein, may appear before the board and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered.


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

ê1969 Statutes of Nevada, Page 1416 (Chapter 661, SB 364)ê

 

board and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered.

      2.  Notice shall be given:

      (a) By publication.

      (b) By mail.

      (c) By posting.

      3.  Proof of publication shall be affidavit of the publisher.

      4.  Proof of mailing and proof of posting shall be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.

      5.  Proof of publication, proof of mailing and proof of posting shall be maintained in the records of the county until all the assessments appertaining thereto shall have been paid in full, principal, interest, any penalties, and any collection costs.

      6.  The notice shall describe:

      (a) The kind of project or projects proposed (without mentioning minor details or incidentals).

      (b) The estimated cost of the projects, or the estimated total amount of projects, and the part or portion, if any, to be paid from sources other than assessments.

      (c) The basis for apportioning the assessments, which assessments shall be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.

      (d) The number of installments and time in which the assessments will be payable.

      (e) The maximum rate of interest on unpaid installments of assessments.

      (f) The extent of the improvement district to be assessed (by boundaries or other brief description).

      (g) The time and place when and where the board will consider the ordering of the proposed projects and hear all complaints, protests and objections that may be made in writing and filed with the clerk at least 3 days prior thereto, or verbally at the hearing, concerning the same, by the owner of any tract to be assessed or any person interested.

      (h) The fact that the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be seen and examined at the office of the clerk during business hours, at any time, by any person so interested.

      (i) The fact, in general terms, that unless there be no substantial change in certain existing street elevations or grades will result from the project or projects proposed, without necessarily including any statement in detail of the extent or location of any such change.

      7.  The notice shall also state:

      (a) That regardless of the basis used for apportioning assessments, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.


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

ê1969 Statutes of Nevada, Page 1417 (Chapter 661, SB 364)ê

 

      (b) That if, within the time specified in the notice, complaints, protests and objections in writing, i.e., all written remonstrances, against acquiring or improving the project proposed by initiation of the board shall be filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein shall not be acquired or improved:

             (1) Except in case the county shall pay one-half or more of the total cost of any project other than a park project as defined in NRS 244.844 with funds derived from other than the levy of assessments: or

             (2) Except in the case of any project authorized hereunder constituting not more than 1,320 feet (including intersections) remaining unimproved in any street (including an alley) between improvements already made to the same street [,] or between improvements already made to intersecting streets, in which case the board may on its own motion cause the intervening and unimproved part of the street to be improved and the improvements shall not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the board in its sole discretion, shall deem such written complaints, protests and objections proper to cause the improvement to be stayed or prevented; provided, that at least 50 percent of the total number of tracts of property to be assessed for the improvements to the unimproved part of the street shall contain a permanent structure or building, or any other type of improvement of a permanent nature.

      8.  Nothing herein contained shall be construed as requiring the notice to state either or both exceptions stated in subparagraphs (1) and (2), of paragraph (b) of subsection 7, unless either or both exceptions are determined by the board to be relevant to the proposed improvement district to which the notice appertains.

      9.  All proceedings may be modified or rescinded wholly or in part by resolution adopted by the board at any time prior to the passage of the ordinance adopted pursuant to NRS 244.877, creating the improvement district, and authorizing the project.

      10.  No substantial change in the improvement district, details, preliminary plans or specifications or estimates shall be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.

      11.  The engineer, however, shall have the right to make minor changes in time, plans and materials entering into the work at any time before its completion.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________


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

ê1969 Statutes of Nevada, Page 1418ê

 

CHAPTER 662, SB 509

Senate Bill No. 509–Committee on Commerce

CHAPTER 662

AN ACT relating to the hospitalization of the mentally ill; providing for the adjustment of the rate determination for their care and for the disposition of personal property of persons so hospitalized; providing for the elimination of bonding requirements of hospital employees; 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 433.410 is hereby amended to read as follows:

      433.410  1.  The daily or monthly rate for the subsistence and care of committed persons shall be determined by the superintendent, if such persons are committed to the hospital, or the chief, if such persons are committed to the mental health center, and shall be payable monthly in advance. [In determining the rate to be charged the superintendent or the chief shall consider the actual cost of a patient’s care and the ability of a patient to pay.] The rate shall approximate the actual per diem cost per patient, for the class of patient care provided, for the previous fiscal year.

      2.  The cost of transportation to the hospital or mental health center shall be payable with the first monthly payment.

      3.  The assessment of a rate less than the maximum shall not constitute a waiver to a claim for the difference between the actual rate and the maximum rate when the financial ability of responsible relatives or the estate of the committed person warrants the higher rate.

      4.  Previously determined payments may be decreased or increased by the superintendent or chief if adverse or favorable changes in the financial status of responsible relatives or the estate of the committed person warrant such action.

      5.  Rates of pay determined by the superintendent or chief may be appealed to and reviewed by the administrator of the division. After review, the administrator may modify the determination of the superintendent or chief.

      6.  Cost of clothing, personal needs, medical, surgical and related services which have to be purchased outside of the hospital or mental health center shall be additional charges against responsible relatives or the estate of the committed person.

      7.  The unused portion of advance payments shall be refundable to the source of payment in the event of the committed person’s death, parole or discharge from the hospital or mental health center.

      Sec. 2.  NRS 433.450 is hereby amended to read as follows:

      433.450  1.  When the total value of personal property of a committed person does not exceed $300 and requires safekeeping, the superintendent or chief, as the case may be, is authorized to receive it. The superintendent or chief may remove or cause to be removed such personal property from wherever located to a place of safekeeping for the benefit of the committed person, and the expense of removal and safekeeping shall be paid from funds to the credit of the committed person or from funds appropriated for the support of the hospital or the mental health center, as the case may be.


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

ê1969 Statutes of Nevada, Page 1419 (Chapter 662, SB 509)ê

 

      2.  Such property may be sold at any time after 1 year of safekeeping when it is determined that the committed person is incurably ill or that he will be required to remain at the hospital or the mental health center for an extended period of time. Such property may be sold, if not recovered by a patient or his legal representative, within 1 year of his discharge or decease. The sale price in each case shall be not less than 10 percent below the [value determined by a qualified appraiser appointed by the administrator of the division.] total value of such property where the total value is estimated to be $100 or more. Where the total value is estimated at $100 or more, a qualified appraiser shall be appointed by the superintendent or chief to determine such value. Where relatives of the kinship mentioned in NRS 433.015 to 433.640, inclusive, and sections 2 to 16, inclusive, of [this act] chapter 569, Statutes of Nevada 1969 are known, they shall be advised of a pending sale of the property and shall be given the first opportunity to purchase the property. Moneys realized from sales shall be deposited at the hospital or mental health center in the same manner as other personal credits of committed persons are made.

      Sec. 3.  This act shall become effective at 12:03 a.m. on July 1, 1969.

 

________

 

 

CHAPTER 663, SB 516

Senate Bill No. 516–Committee on Taxation

CHAPTER 663

AN ACT relating to motor vehicle fuel taxes; permitting counties to pledge such taxes and increasing the rate of county motor vehicle fuel taxes; 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 365.550 is hereby amended to read as follows:

      365.550  1.  The receipts of the tax as levied in NRS 365.180 shall be allocated monthly by the tax commission to the counties upon the following formula:

      (a) One-fourth in proportion to total area.

      (b) One-fourth in proportion to population, according to the latest available federal census.

      (c) One-fourth in proportion to road mileage and street mileage (non-federal aid primary roads).

      (d) One-fourth in proportion to vehicle miles of travel on roads (non-federal aid primary roads).

      2.  The amount due the counties under the formula shall be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties, and the state treasurer shall pay the same out of the proceeds of the tax levied in NRS 365.180.

      3.  Moneys received by the counties by reason of the provisions of this section shall be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for such work, under the direction of the boards of county commissioners of the several counties, and shall not be used to defray expenses of administration.


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

ê1969 Statutes of Nevada, Page 1420 (Chapter 663, SB 516)ê

 

equipment for such work, under the direction of the boards of county commissioners of the several counties, and shall not be used to defray expenses of administration.

      4.  The formula computations shall be made as of July 1 of each year by the tax commission, based on estimates which shall be furnished by the department of highways. The determination so made by the tax commission shall be conclusive.

      Sec. 2.  NRS 365.560 is hereby amended to read as follows:

      365.560  1.  The receipts of the tax as levied in NRS 365.190 shall be allocated monthly by the tax commission to the counties in which the tax payment originates. All receipts of such tax originating in Carson City shall be allocated monthly to Carson City.

      2.  Such receipts shall be apportioned between the county, towns with town boards as organized under NRS 269.016 to 269.019, inclusive, and incorporated cities within the county from the general road fund of the county in the same ratio as the assessed valuation of property within the boundaries of such towns or incorporated cities within the county bears to the total assessed valuation of property within the county, including property within the towns or incorporated cities.

      3.  All such money so apportioned to a county or Carson City shall be expended by the county or Carson City solely for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of the public highways of the county or Carson City and for the purchase of equipment for such work, and shall not be used to defray the expenses of administration.

      4.  All such money so apportioned to towns or incorporated cities shall be expended only upon the streets, alleys and public highways of such town or city, other than state highways, under the direction and control of the governing body of the town or city.

      Sec. 3.  NRS 373.070 is hereby amended to read as follows:

      373.070  Any motor vehicle fuel tax ordinance enacted under this chapter shall include provisions in substance as follows:

      1.  A provision imposing an additional excise tax of 1 cent per gallon or 2 cents per gallon, as the board may determine at any time or from time to time, on all motor vehicle fuel sold in the county, which tax shall be in addition to other motor vehicle fuel taxes imposed under the provisions of chapter 365 of NRS.

      2.  Provisions identical to those contained in chapter 365 of NRS on the date of enactment of the ordinance, insofar as applicable, except that the name of the county as taxing agency shall be substituted for that of the state and that an additional driver’s license shall not be required.

      3.  A provision that all amendments to chapter 365 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, shall automatically become a part of the motor vehicle fuel tax ordinance of the county.

      4.  A provision that the county shall contract prior to the effective date of the county motor vehicle fuel tax ordinance with the Nevada tax commission to perform all functions incident to the administration or operation of the motor vehicle fuel tax ordinance of the county.

      Sec. 4.  Chapter 373 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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

ê1969 Statutes of Nevada, Page 1421 (Chapter 663, SB 516)ê

 

      Any ordinance amending the motor vehicle fuel tax ordinance shall include a provision in substance that the county shall amend the contract made under subsection 4 of NRS 373.070 by a contract made between the county and the state acting by and through the Nevada tax commission prior to the effective date of such amendatory ordinance, unless the county determines with the written concurrence of the commission that no such amendment of the contract is necessary or desirable.

      Sec. 5.  This act shall become effective at 12:02 a.m. on July 1, 1969.

 

________

 

 

CHAPTER 664, SB 549

Senate Bill No. 549–Committee on Finance

CHAPTER 664

AN ACT making appropriations from the general fund in the state treasury for the support of the Nevada tax commission; 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.  There is hereby appropriated from the general fund in the state treasury for the support of the Nevada tax commission the sum of $36,800.

      Sec. 2.  There is hereby appropriated from the general fund in the state treasury for the support of the Nevada tax commission:

      1.  For the fiscal year commencing July 1, 1969, and ending June 30, 1970, the sum of $47,319.

      2.  For the fiscal year commencing July 1, 1970, and ending June 30, 1971, the sum of $59,453.

      Sec. 3.  1.  The moneys appropriated by sections 1 and 2 of this act shall be:

      (a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and

      (b) Work-programmed for separate fiscal years as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      2.  Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      3.  The moneys appropriated by section 1 of this act shall not revert to the general fund in the state treasury.

      4.  After June 30, 1970, any unexpended balance of the appropriation made by subsection 1 of section 2 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on June 30, 1971.


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

ê1969 Statutes of Nevada, Page 1422 (Chapter 664, SB 549)ê

 

      5.  After June 30, 1971, any unexpended balance of the appropriation made by subsection 2 of section 2 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on June 30, 1972.

      Sec. 4.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 665, SB 386

Senate Bill No. 386–Senator Fransway

CHAPTER 665

AN ACT exempting the property of water users’ nonprofit associations and cooperative corporations from taxation.

 

[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:

      All real and personal property of a water users’ nonprofit association or of a water users’ nonprofit cooperative corporation within the State of Nevada is exempt from taxation, but such property shall be taxed when it is used for any purpose other than carrying out the legitimate functions of such nonprofit association or of a water users’ nonprofit cooperative corporation.

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

 

________

 

 

CHAPTER 666, SB 273

Senate Bill No. 273–Committee on Education

CHAPTER 666

AN ACT relating to the University of Nevada; providing for a chancellor and two presidents, providing for a secretary of the board of regents; providing for certain name changes; and providing other matters properly relating thereto.

 

[Approved April 29, 1969]

 

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

do enact as follows:

 

      Section 1.  NRS 6.020 is hereby amended to read as follows:

      6.020  1.  Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no other, shall be exempt from service as grand or trial jurors:

      (a) Any federal or state officer.

      (b) Any judge, justice of the peace or attorney at law.

      (c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable, deputy constable or police officer.


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

ê1969 Statutes of Nevada, Page 1423 (Chapter 666, SB 273)ê

 

      (d) Any physician, dentist, graduate nurse or registered pharmacist.

      (e) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.

      (f) Any mail carrier engaged in the actual carrying of the United States mail on a star route in a rural area.

      (g) Any teacher, principal or superintendent actually engaged in teaching or in the supervision of teaching in the public schools of this state, and any member of the faculty of the University of Nevada [,] System, shall be exempt from jury duty during the session of the public schools or university of this state in which he is employed. Nothing in this paragraph shall excuse or be construed to excuse any teacher, principal, superintendent or university faculty member from jury duty during school vacation, except when he is taking training in his professional work or in finishing his school reports and other matters incident thereto within 1 month of the day of the closing of the school in which he is employed, or in preparation for the opening of school during the 2 weeks immediately preceding the opening of school.

      (h) Any officer or correctional officer employed by the Nevada state prison.

      (i) Any member or employee of the legislature or the legislative counsel bureau while the legislature is in session.

      2.  All persons of the age of 65 years or over are exempt from serving as grand or trial jurors. Whenever it shall appear to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 65 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

      Sec. 2.  NRS 169.125 is hereby amended to read as follows:

      169.125  “Peace officer” includes:

      1.  The bailiff of the supreme court;

      2.  Sheriffs of counties and their deputies;

      3.  Constables;

      4.  Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;

      5.  The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;

      6.  Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;

      7.  Marshals and policemen of cities and towns;

      8.  Parole and probation officers;

      9.  Special investigators employed by the office of any district attorney or the attorney general;

      10.  Arson investigators for fire departments specially designated by the appointing authority;

      11.  Members of the University of Nevada System police department; and

      12.  The state fire marshal and his deputies.

      Sec. 3.  NRS 218.460 is hereby amended to read as follows:

      218.460  1.  All requests for mailing or distribution of bills and legislative publications shall be filed with the superintendent of state printing.


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ê1969 Statutes of Nevada, Page 1424 (Chapter 666, SB 273)ê

 

He shall print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements.

      2.  No complete set of bills or other legislative publications shall be delivered except upon payment therefor of a sum fixed by the superintendent of state printing, nor shall more than two copies of any single bill or other legislative publication be distributed free to any person, office or organization, except to:

      (a) Members of the legislature.

      (b) The secretary of the senate and the chief clerk of the assembly for the proper functioning of their respective houses.

      (c) The legislative counsel bureau.

      (d) Offices of all elected state, county, township, school and municipal officials.

      (e) Offices of all state agencies and departments.

      (f) Justices and the clerk of the supreme court.

      (g) Judges and clerks of the district courts.

      (h) The Library of Congress.

      (i) County and city libraries and [the library] libraries of the University of Nevada [.] System.

      (j) Accredited members of the press.

      3.  The superintendent of state printing shall fix the cost of such bills and publications, including postage, and such moneys as may be received by him shall be remitted to the state printing fund.

      4.  The costs of such distributions, including postage, shall be paid from the legislative fund.

      Sec. 4.  NRS 233C.070 is hereby amended to read as follows:

      233C.070  1.  The executive board of the council shall consist of six members elected by and from the members of the council and the following ex officio, nonvoting members:

      (a) A representative from the office of the governor.

      (b) The [chancellor,] president, or his representative, of the University of Nevada [.] , Reno.

      (c) The [chancellor,] president, or his representative, of [Nevada Southern University.] the University of Nevada, Las Vegas.

      2.  The executive board shall elect from its membership a chairman, who shall be chief executive officer of the board and the council, a vice chairman and a secretary-treasurer.

      3.  All executive board members shall serve for a term of 4 years and any vacancies that occur on the board shall be filled by election by and from the members of the council for the remainder of the unexpired term.

      Sec. 5.  NRS 236.010 is hereby amended to read as follows:

      236.010  1.  Until January 1, 1971, the following days are declared to be legal holidays for state and county government offices:

 

January 1 (New Year’s Day)

February 22 (Washington’s Birthday)

May 30 (Memorial Day)

July 4 (Independence Day)

First Monday in September (Labor Day)

October 31 (Nevada Day) November 11 (Veterans’ Day)

 


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ê1969 Statutes of Nevada, Page 1425 (Chapter 666, SB 273)ê

 

November 11 (Veterans’ Day)

Thanksgiving Day

December 25 (Christmas Day)

Any day that may be appointed by the President of the United States for public fast, thanksgiving or as a legal holiday.

 

      2.  All state and county offices, courts, banks, savings and loan associations and the University of Nevada System shall close on the holidays enumerated in subsection 1 unless in the case of appointed holidays all or part thereof are specifically exempted.

      3.  If January 1, February 22, May 30, July 4, October 31, November 11 or December 25 falls upon a Sunday, the Monday following shall be observed as a holiday.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  NRS 281.060 is hereby amended to read as follows:

      281.060  1.  Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States shall be employed by any officer of the State of Nevada, any political subdivision of the state, or by any person acting under or for such officer in any office or department of the State of Nevada, or political subdivision of the state.

      2.  In all cases where persons are so employed, preference shall be given, the qualifications of the applicants being equal:

      (a) First: To honorably discharged soldiers, sailors and marines of the United States who are citizens of the State of Nevada.

      (b) Second: To other citizens of the State of Nevada.

      3.  Nothing in this section shall be construed to prevent:

      (a) The working of prisoners by the State of Nevada, or by any political subdivision of the state, on street or road work or other public work.

      (b) The working of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment; but any alien so employed shall be replaced by a citizen, ward or ex-service person of the United States applying for employment.

      (c) The employment of any teacher, instructor or professor authorized to teach in the United States under the teacher-exchange programs as authorized by federal laws enacted by the Congress of the United States.

      (d) Employment of aliens by the University of Nevada System in the technical, graduate assistant and student help categories, but not more than 5 percent of the total number of persons employed in the technical, graduate assistant and student help categories may be aliens.

      (e) Employment of aliens in any state or political subdivision hospital.

      4.  Subject to the exceptions contained in this section, no money shall be paid out of the state treasury or out of the treasury of any political subdivision of the state to any person employed on any of the work mentioned in this section unless such person shall be a citizen or ward or naturalized citizen of the United States.


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ê1969 Statutes of Nevada, Page 1426 (Chapter 666, SB 273)ê

 

      5.  Any officer of the State of Nevada, or of any political subdivision of the state, or any person acting under or for such officer, or any other person who violates any of the provisions of this section shall be guilty of a misdemeanor. The penalties provided for in this section shall not apply where violations thereof are due to misrepresentations made by the employee or employees by the production of fraudulent papers evidencing citizenship in the United States.

      Sec. 8.  NRS 284.140 is hereby amended to read as follows:

      284.140  The unclassified service of the State of Nevada shall be comprised of positions held by state officers or employees in the executive department of the state government as follows:

      1.  Persons chosen by election or appointment to fill an elective office.

      2.  Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.

      3.  At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in such department, agency or institution.

      4.  All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.

      5.  All employees other than clerical in the office of the attorney general required by law to be appointed by the attorney general.

      6.  Officers and members of the teaching staff and the agricultural extension department and experiment station staffs of the University of Nevada [,] System, or any other state institution of learning, and student employees of such institutions; but custodial, clerical or maintenance employees of such institutions shall be in the classified service. The board of regents shall assist the chief in carrying out the provisions of this chapter applicable to the University of Nevada.

      7.  Officers and members of the Nevada National Guard.

      8.  Persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority.

      9.  Patient and inmate help in state charitable, penal, mental and correctional institutions.

      10.  Part-time professional personnel who are paid for any form of medical, nursing or other professional service, and who are not engaged in the performance of administrative or substantially recurring duties.

      11.  Such other officers and employees as are authorized by law to be employed in the unclassified service.

      Sec. 9.  NRS 284.345 is hereby amended to read as follows:

      284.345  1.  Except as provided in subsection 2, the chief shall prescribe rules and regulations for attendance and leaves with or without pay or reduced pay in the various classes of positions in the public service.

      2.  The [president of the University of Nevada shall, subject to the approval of the] board of regents [of the University of Nevada,] shall prescribe rules and regulations for attendance and for leave with or without pay or with reduced pay, sabbatical leave, sick leave, emergency leave, annual leave, terminal leave, military leave and such other leave as the [president and] board of regents [determine] determines to be necessary or desirable for officers and members of the faculty of the University of Nevada [.]


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

ê1969 Statutes of Nevada, Page 1427 (Chapter 666, SB 273)ê

 

of Nevada [.] System. Sabbatical leave with pay shall not be granted to more than 2 percent of the teaching personnel of the University of the rank of instructor or higher in any 1 year, and no sabbatical leave with pay shall be granted unless the person requesting such leave agrees in writing with the university to return to the university after such leave for a period not less than that required by his most recent contract of employment with the university if the university desires his continued service.

      Sec. 10.  NRS 284.350 is hereby amended to read as follows:

      284.350  1.  Except as provided in subsection 2, all employees in the public service, whether in the classified or unclassified service, shall be entitled to annual leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 30 working days. Any annual leave in excess of 30 working days shall be used prior to January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days shall be forfeited on such date. The personnel division may by regulation provide for additional annual leave for long-term employees, and for prorated annual leave for part-time employees.

      2.  Officers and members of the faculty of the University of Nevada System shall be entitled to annual leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.

      3.  If an employee dies and was entitled to accumulated annual leave under the provisions of this chapter, the heirs of the deceased employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor or administrator of his estate, upon submitting satisfactory proof to the chief of their entitlement, shall be paid an amount of money equal to the number of days of earned or accrued annual leave multiplied by the daily salary or wages of such deceased employee.

      4.  No elected state officer shall be paid for accumulated annual leave upon termination of his service.

      5.  During the first 6 months of employment of any employee in the public service, annual leave shall accrue as provided in subsection 1, but no annual leave shall be taken during such period.

      6.  No employee in the public service shall be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.

      Sec. 11.  NRS 284.355 is hereby amended to read as follows:

      284.355  1.  Except as provided in subsections 2 and 3, all employees in the public service, whether in the classified or unclassified service, shall be entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year. The personnel division may by regulation provide for additional sick and disability leave for long term employees, and for prorated sick and disability leave for part-time employees.

      2.  Officers and members of the faculty of the University of Nevada System shall be entitled to sick and disability leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.


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

ê1969 Statutes of Nevada, Page 1428 (Chapter 666, SB 273)ê

 

rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.

      3.  The personnel division may by regulation provide policies concerning employees with mental or emotional disorders which will:

      (a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.

      (b) Retain their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, reemploy them if at all possible after recovery.

      (c) Protect employee benefits such as retirement, life insurance and health benefits.

      4.  The personnel division may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines that an employee has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of the accrued sick leave of such employee.

      Sec. 12.  NRS 284.360 is hereby amended to read as follows:

      284.360  1.  Any person holding a permanent position in the classified service may be granted a leave of absence without pay. Leave of absence may be granted to any person holding a position in the classified service to permit acceptance of an appointive position in the unclassified service.

      2.  Any person in the unclassified service, except members of the academic staff of the University of Nevada [,] System, may be granted by the appointing authority a leave of absence without pay for a period not to exceed 6 months.

      3.  Officers and members of the faculty of the University of Nevada System may be granted leaves of absence without pay as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.

      Sec. 13.  NRS 287.045 is hereby amended to read as follows:

      287.045  1.  Every state officer or employee who is employed on a permanent and full-time basis on July 1, 1963, shall be eligible immediately to participate in the state’s group insurance program.

      2.  Except as provided in subsection 3, every officer or employee of the state who commences his employment after July 1, 1963, shall be eligible to participate in such program upon the completion of 90 days of full-time employment.

      3.  [University of Nevada professional employees] Professional employees of the University of Nevada System with annual employment contracts shall be eligible to participate in such program upon the effective dates of their respective employment contracts.

      4.  Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date such agency enters into an agreement to participate in the state’s group insurance program, and every officer or employee who commences his employment after that date upon completion of 90 days of full-time employment, shall be eligible to participate in the state’s group insurance program.

      Sec. 14.  NRS 324.030 is hereby amended to read as follows:


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

ê1969 Statutes of Nevada, Page 1429 (Chapter 666, SB 273)ê

 

      324.030  1.  The selection, management and disposal of such land shall be vested in the state commission of industry, agriculture and irrigation, which is hereby created, consisting of the state engineer, the director of the state department of conservation and natural resources and the dean of the college of agriculture of the University of Nevada [.] System.

      2.  The commission may sue and be sued in any action at law brought under the provisions of this chapter in the name of “The State Commission of Industry, Agriculture and Irrigation.”

      Sec. 15.  NRS 333.020 is hereby amended to read as follows:

      333.020  The following words shall have the following meaning within the purview of this chapter, and shall be so construed:

      1.  “Chief” means the chief of the purchasing division of the department of administration.

      2.  “Director” means the director of the department of administration.

      3.  “Purchasing division” means the purchasing division of the department of administration.

      4.  “Using agencies” means any and all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public funds in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, irrigation districts and school districts. The University of Nevada System and the desert research institute of the University of Nevada System are not “using agencies” except as provided in NRS 333.461.

      5.  “Volunteer fire department” means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.

      Sec. 16.  NRS 333.200 is hereby amended to read as follows:

      333.200  1.  The chief shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally or by the using agencies.

      2.  The chief shall:

      (a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.

      (b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices, and experience with the vendors supplying the different classes of supplies.

      (c) Price supplies and materials when purchased and when charged out of stock as used.

      (d) Transfer surplus supplies and materials to points where they can be used advantageously.

      (e) Direct and make test checks of physical inventories.

      (f) Supervise the taking of annual inventories.

      (g) Instruct storekeepers in the prescribed procedures for controlling stored materials.

      3.  The stores records shall be so maintained as to show:


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

ê1969 Statutes of Nevada, Page 1430 (Chapter 666, SB 273)ê

 

      (a) The quantity of each commodity on hand.

      (b) The average unit cost, including transportation charges.

      (c) The total cost of the supply on hand.

      (d) The minimum quantity that should be kept in stock.

      (e) The maximum quantity that should be kept in stock at any one time.

      4.  After all records of previous quantities used by using agencies are compiled, a model stock system shall be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used, and the value of the stock on hand, shall be maintained. However, such inventories of the department of highways, the superintendent of state printing and the University of Nevada System shall be maintained by those agencies respectively in accordance with the uniform rules and regulations as provided in this chapter and as may be hereafter promulgated by the chief.

      Sec. 17.  NRS 333.310 is hereby amended to read as follows:

      333.310  1.  The advertisements shall contain general descriptions of the classes of commodities for which bids are wanted and shall state:

      (a) The names and locations of the departments or institutions for which the purchases are to be made.

      (b) Where and how specifications and quotation forms may be obtained.

      (c) The date and time not later than which bids must be filed.

      (d) The date and time when bids will be opened.

The chief or his designated agent shall pass upon the copy for the advertisement.

      2.  Each such advertisement shall be published in one or more newspapers of general circulation in the state. The selection of the newspapers to carry such advertising shall be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation; except that whenever such advertising relates to any supplies, materials or equipment to be obtained at the request of any county, municipality, irrigation district, school district, the University of Nevada System or the desert research institute of the University of Nevada [,] System, such advertising shall be published in the manner provided in NRS 333.470.

      Sec. 18.  NRS 333.461 is hereby amended to read as follows:

      333.461  The University of Nevada System and the desert research institute of the University of Nevada System shall utilize the facilities of the purchasing division to obtain:

      1.  All items procured by the purchasing division by open-end contracts, including without limitation motor vehicles, petroleum products, tires, tubes, batteries and selected office furniture; and

      2.  Purchasing division warehouse items catalogued and in stock.

      Sec. 19.  NRS 333.470 is hereby amended to read as follows:

      333.470  1.  The University of Nevada [,] System, the desert research institute of the University of Nevada [,] System, and counties, municipalities, irrigation districts and school districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the purchasing division.


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

ê1969 Statutes of Nevada, Page 1431 (Chapter 666, SB 273)ê

 

Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the purchasing division.

      2.  The chief shall issue bulletins from time to time to all state, county and municipal agencies, to all school districts in the State of Nevada, to the University of Nevada System and to the desert research institute of the University of Nevada [,] System, indicating the supplies, materials and equipment available and the prices thereof.

      3.  The specifications for all bids for supplies, materials or equipment to be furnished any political subdivision pursuant to the provisions of subsection 1 shall be so written that all suppliers of the market in the industry or business concerned are given an opportunity to bid pursuant to notice as provided for in this chapter.

      4.  Prior to receiving any bid or awarding any contract or order pursuant to the provisions of this section, the purchasing division shall publish a call for bids in a newspaper of general circulation in the political subdivision or district proposing to obtain such supplies, materials or equipment not less than 15 days prior to the date fixed for submission of bids.

      Sec. 20.  NRS 341.155 is hereby amended to read as follows:

      341.155  1.  It is expressly prescribed to be the duty of the board of regents of the University of Nevada to use the services of the state planning board, as provided in NRS 341.150, for the construction of all buildings, the money for which is appropriated by the legislature, upon the real property of the university.

      2.  With the concurrence of the board of regents of the University of Nevada, the state planning board may enter into agreements with persons, associations or corporations to provide to the University of Nevada System educational consulting services relating to the determination of the future needs and the planning of necessary programs and facility needs at the university.

      3.  Any such contracts shall be for a term not exceeding 5 years and shall provide for payment of a fee for such services not to exceed one-half of 1 percent of the total value of building construction contracts relating to the construction of university campus facilities during the term and in the area covered by the contract.

      Sec. 21.  NRS 341.165 is hereby amended to read as follows:

      341.165  The board is authorized and directed to inspect periodically all state buildings, including all buildings at the University of Nevada [and Nevada Southern,] , Reno, and at the University of Nevada, Las Vegas, and all physical plant facilities at all state institutions. Reports of all such inspections, including findings and recommendations, shall be submitted to the appropriate state agencies, the legislative commission, and each session of the legislature.

      Sec. 22.  NRS 344.050 is hereby amended to read as follows:

      344.050  1.  The superintendent of state printing shall not permit any other than state work to be done in the state printing office.

      2.  All state officers, boards, commissions, trustees, regents and directors required or authorized by law to make reports or to publish circulars, bulletins, printed books, stationery or printed matter of any kind shall:


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

ê1969 Statutes of Nevada, Page 1432 (Chapter 666, SB 273)ê

 

      (a) Have the printing and binding of such material done at the state printing office at the expense of their respective funds or appropriations; or

      (b) Produce the reports or other published matter within their respective agencies by use of copying or duplicating machines other than printing by letterpress or the offset process.

      3.  The following pamphlets, bulletins and leaflets shall be printed:

 

Annual [register] registers of the University of Nevada [.] System.

Nevada mining laws.

Nevada land laws.

Nevada election laws.

Nevada official election returns.

General corporation laws.

Foreign corporation laws.

State school laws.

Fish and game laws.

Pharmacy law.

List of registered physicians.

Insurance laws.

Banking laws.

Necessary briefs, transcripts and other legal work for the public service commission.

 

      4.  The printing of official stationery, cards and other material appropriate to the official duties of members of the legislature shall be done in the state printing office at the expense of the legislative fund.

      5.  Invitations, tickets of admission, programs, menus or the like for any state institution or school shall not be considered state printing, and the superintendent of state printing is directed not to accept the same.

      6.  Nothing in this chapter shall be construed to mean that the superintendent of state printing is required or expected to perform any work other than that which the type, machinery and other printing and binding appliances in the state printing office will permit.

      Sec. 23.  NRS 361.100 is hereby amended to read as follows:

      361.100  All real property owned by any fraternity or sorority, or chapter thereof, when the same is composed of students of the University of Nevada [or Nevada Southern University] , Reno, or the University of Nevada, Las Vegas, and used as a home for its members, shall be exempt from taxation.

      Sec. 24.  NRS 381.170 is hereby amended to read as follows:

      381.170  1.  Any property of the State of Nevada which may be placed on display or on exhibition at any world’s fair or exposition shall be taken into custody by the board of trustees at the conclusion of such world’s fair or exposition and placed and kept in the Nevada state museum, subject to being removed and again exhibited at the discretion of the board of trustees.

      2.  The provisions of this section shall not apply to collections belonging to the Nevada historical society, the Lost City museum, or the University of Nevada [.] System. The board of regents of the University of Nevada shall control the university collection.

      Sec. 25.  NRS 396.010 is hereby amended to read as follows:

      396.010  1.  The seat of the state university, as described in section 4 of article XI of the constitution of the State of Nevada, is hereby located at the City of Reno, Washoe County, State of Nevada [.]


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

ê1969 Statutes of Nevada, Page 1433 (Chapter 666, SB 273)ê

 

4 of article XI of the constitution of the State of Nevada, is hereby located at the City of Reno, Washoe County, State of Nevada [.] , and shall be known as the University of Nevada, Reno.

      2.  A [regional] branch of the University of Nevada is authorized in Clark County, Nevada, which branch shall be called [Nevada Southern University.] the University of Nevada, Las Vegas.

      3.  Extension instruction on the collegiate level, research and service activities may be conducted throughout the state.

      Sec. 26.  NRS 396.020 is hereby amended to read as follows:

      396.020  The legal and corporate name of the state university shall be the University of Nevada. The system of universities, colleges, research and public service units administered under the direction of the board of regents shall collectively be known as the University of Nevada System.

      Sec. 27.  NRS 396.090 is hereby amended to read as follows:

      396.090  [1.]  The board of regents may employ a [clerk] secretary of the board, who shall [not be a teacher in the University of Nevada.

      2.  The clerk shall:

      (a) Receive a salary of $25 per month.

      (b) Keep] keep a full record of all proceedings of the board.

      Sec. 28.  NRS 396.120 is hereby amended to read as follows:

      396.120  [In each odd-numbered year, the board of regents shall:

      1.  Report to the governor all transactions of the board and all other matters pertaining to the university.

      2.  Transmit, with such report, copies of the president’s annual reports.] The secretary of the board of regents shall transmit to the governor a copy of the approved minutes of each regular meeting of the board.

      Sec. 29.  NRS 396.210 is hereby amended to read as follows:

      396.210  1.  After consultation with the faculty, the board of regents shall appoint a [president] chancellor of the University of Nevada [.] System.

      2.  The [president] chancellor shall have a degree from a college or university recognized as equal in rank to those having membership in the Association of American Universities.

      Sec. 30.  NRS 396.220 is hereby amended to read as follows:

      396.220  The board of regents shall have the power to fix the salary of the [president] chancellor of the [university.] University of Nevada System.

      Sec. 31.  NRS 396.230 is hereby amended to read as follows:

      396.230  [1.]  The board of regents shall have the power to prescribe the duties of the [president of the university.

      2.  The president shall, under the direction of the board of regents:

      (a) Manage all matters connected with the university.

      (b) Employ the academic staff.

      (c) Purchase supplies and make monthly statements, supported by vouchers, to the board of regents of all receipts and expenditures.] chancellor and such other officers of the university as the board deems appropriate.

      Sec. 32.  NRS 396.240 is hereby amended to read as follows:

      396.240  [The president of the university shall make a detailed annual report to the board of regents, with a catalogue of students and such other particulars as the board may require or as he may think useful.] The chancellor and other officers of the university shall make such reports to the board of regents as they deem appropriate or as the board of regents may require.


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chancellor and other officers of the university shall make such reports to the board of regents as they deem appropriate or as the board of regents may require.

      Sec. 33.  NRS 396.260 is hereby amended to read as follows:

      396.260  Notwithstanding the provisions of any other law, the board of regents of the University of Nevada System may employ any teacher, instructor or professor authorized to teach in the United States under the teacher exchange programs authorized by the laws of Congress of the United States.

      Sec. 34.  NRS 396.290 is hereby amended to read as follows:

      396.290  All employees of the University of Nevada [,] System, including those persons who were receiving benefits under the provisions of chapter 204, Statutes of Nevada 1915, and chapter 99, Statutes of Nevada 1943, may elect to receive the benefits provided under the contract of integration entered into between the board of regents of the University of Nevada and the public employees’ retirement board on June 30, 1950, pursuant to the provisions of NRS 286.370 or may exercise an option to receive the benefits provided under sections 2 to 9, inclusive, of [this act.] chapter 173, Statutes of Nevada 1969.

      Sec. 35.  NRS 396.320 is hereby amended to read as follows:

      396.320  1.  The willful neglect or failure on the part of any teacher, instructor, professor [or] , president or chancellor in the University of Nevada System to observe and carry out the requirements of this chapter shall be sufficient cause for the dismissal or removal of such person from his position.

      2.  It shall be sufficient cause for the dismissal of any teacher, instructor, professor [or] , president or chancellor in the University of Nevada System when such person advocates, or is a member of an organization which advocates, overthrow of the Government of the United States or of the state by force, violence or other unlawful means.

      Sec. 36.  NRS 396.325 is hereby amended to read as follows:

      396.325  1.  The board of regents [of the University of Nevada] is authorized to create a police department for the University of Nevada System and appoint one or more persons to be members of such department.

      2.  Persons employed and compensated as members of such police department, when so appointed and duly sworn, are peace officers; but no such officer may exercise his powers or authority except:

      (a) Upon the campuses of the University of Nevada [,] System, including that area to the center line of public streets adjacent to a campus;

      (b) When in hot pursuit of a violator leaving such a campus or area; or

      (c) In or about other grounds or properties of the University of Nevada [.] System.

      Sec. 37.  NRS 396.327 is hereby amended to read as follows:

      396.327  Every member of the University of Nevada System police department shall be supplied with, authorized and required to wear a badge bearing the words “University Police, Nevada.”

      Sec. 38.  NRS 396.340 is hereby amended to read as follows:

      396.340  1.  The University of Nevada System was, and now is, established in accordance with the provisions of the constitution of the State of Nevada, and also in accordance with the provisions of an Act of Congress entitled “An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts,” approved July 2, 1862 (c.


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of Nevada, and also in accordance with the provisions of an Act of Congress entitled “An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts,” approved July 2, 1862 (c. 130, 12 Stat. 503), and acts amendatory thereof or supplementary thereto.

      2.  The board of regents of the University of Nevada are the proper trustees of the same to receive and disburse all appropriations made to this state under the provisions of an Act of Congress entitled “An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, established under the provisions of an act of Congress approved July second, eighteen hundred and sixty-two,” approved August 30, 1890 (c. 841, 26 Stat. 419), and all appropriations hereafter to be made under such act.

      3.  The board of regents shall make a report at the end of each fiscal year, in connection with its annual report to the governor, of other university matters, including the amounts received and disbursed under the provisions of this section. The governor shall transmit all annual reports to the legislature.

      4.  The legislature of Nevada hereby gratefully assents to the purposes of all grants of money made heretofore and all which may hereafter be made to the State of Nevada by Congress, under the Act of Congress, the title of which is recited in subsection 2, and agrees that the same shall be used only for the purposes named in the Act of Congress, or acts amendatory thereof or supplemental thereto.

      Sec. 39.  NRS 396.370 is hereby amended to read as follows:

      396.370  1.  The following money is hereby set aside and inviolably appropriated for the support and maintenance of the University of Nevada [,] System, and shall be paid out for the purposes designated by law creating the several funds:

      (a) The interest derived from the investment of all moneys arising from the sale of the 90,000 acres of land granted to the State of Nevada by the Act of Congress entitled “An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts,” approved July 2, 1862 (c. 130, 12 Stat. 503).

      (b) The interest derived from the investment of all moneys arising from the sale of the 72 sections of land granted to the State of Nevada by the Act of Congress entitled “An act concerning certain Lands granted to the State of Nevada,” approved July 4, 1866 (c. 166, 14 Stat. 86), for the establishment and maintenance of a university.

      (c) All money paid as interest on deferred installments on the purchase of lands named in this section which may be sold under contract as provided in NRS 321.240.

      2.  Additional state maintenance and support of the University of Nevada System shall be provided by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.

      Sec. 40.  NRS 396.383 is hereby amended to read as follows:

      396.383  1.  The University of Nevada System accounts payable revolving fund is hereby created.


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revolving fund is hereby created. The board of regents may deposit the moneys of such fund in any state or national bank or banks in the State of Nevada.

      2.  The chief business officer of the university shall:

      (a) Pay from such fund such operating expenses of the university as the board of regents may by rule prescribe.

      (b) Submit claims to the state board of examiners for moneys of the University of Nevada System on deposit in the state treasury or elsewhere to replace moneys paid from the University of Nevada System accounts payable revolving fund.

      Sec. 41.  NRS 396.390 is hereby amended to read as follows:

      396.390  1.  Before payment, all claims of every name and nature involving the payment of money by or under the direction of the board of regents from funds set aside and appropriated shall be passed upon by the state board of examiners.

      2.  The board of regents shall, with the approval of the governor, require all officers and employees of the University of Nevada System whose duties, as prescribed by law, require such officers or employees to approve claims against any public funds to file such claims in the office of the board of regents at the university for transmittal.

      Sec. 42.  NRS 396.420 is hereby amended to read as follows:

      396.420  1.  The board of regents shall have the power to accept and take in the name of the University of Nevada, for the benefit of any component of the University of Nevada System, by grant, gift, devise or bequest, any property for the use of the university, or of any college thereof, or of any professorship, chair or scholarship therein, or for the library, workshops, farms, students’ loan fund, or any other purpose appropriate to the university.

      2.  Such property shall be taken, received, held, managed, invested, and the proceeds thereof used, bestowed and applied by the board of regents for the purposes, provisions and conditions prescribed by the respective grant, gift, devise or bequest.

      3.  Nothing in this chapter shall be deemed to prohibit the State of Nevada from accepting and taking by grant, gift, devise or bequest any property for the use and benefit of the University of Nevada [.] System.

      Sec. 43.  NRS 396.435 is hereby amended to read as follows:

      396.435  1.  The board of regents of the University of Nevada shall have the power by affirmative vote of a majority of its members to adopt, amend, repeal and enforce reasonable regulations governing vehicular and pedestrian traffic on all property owned or used by the University of Nevada [.] System.

      2.  Such regulations shall have the force and effect of law.

      3.  A copy of every such regulation, giving the date that it takes effect, shall be filed with the secretary of state, and copies of the regulations shall be published immediately after adoption and issued in pamphlet form for distribution to faculty and students of the university and to the general public.

      4.  Any person who violates any regulation adopted pursuant to this section is guilty of a misdemeanor.

      Sec. 44.  NRS 396.540 is hereby amended to read as follows:

      396.540  1.  For the purposes of this section:


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      (a) “Bona fide resident” shall be construed in accordance with the provisions of NRS 10.020. The qualification “bona fide” is intended to assure that the residence is genuine and established for purposes other than the avoidance of tuition.

      (b) “Tuition charge” means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.

      2.  The board of regents [of the University of Nevada] may fix a tuition charge for students at [the university and at Nevada Southern University,] all campuses of the University of Nevada System, but tuition shall be free to:

      (a) All students whose families are bona fide residents of the State of Nevada; and

      (b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 6 months prior to their matriculation at the university; and

      (c) All public school teachers who are employed full time by school districts in the State of Nevada; and

      (d) All full-time teachers in private schools in the State of Nevada whose curricula meets the requirements of NRS 394.130.

      3.  In its discretion, the board of regents may grant tuitions free each university semester to worthwhile and deserving students from other states and foreign countries, in number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.

      Sec. 45.  NRS 396.560 is hereby amended to read as follows:

      396.560  1.  Upon the recommendation of [the] a president of the university, the board of regents shall issue to those who worthily complete the full course of study in the school of mines or in the school of agriculture, or in the school of liberal arts, or in any equivalent course that may hereafter be prescribed, a diploma of graduation, conferring the proper academic degree, from the University of Nevada.

      2.  No diploma bearing the distinctive title “University of Nevada” shall be issued to anyone who has not completed the full course of study as set forth in subsection 1.

      Sec. 46.  NRS 396.580 is hereby amended to read as follows:

      396.580  Upon the recommendation of [the] a president of the university, the board of regents shall issue to those who worthily complete the full course of study in any other department of the university, not equivalent to a regular university course, a diploma of graduation, but the diploma shall bear the name of the department from which it is issued, and in no case shall bear the heading of the regular university diploma.

      Sec. 47.  NRS 396.600 is hereby amended to read as follows:

      396.600  The public service division of the University of Nevada System shall consist of the following public service departments:

      1.  State analytical laboratory.

      2.  Agricultural extension.

      3.  Agricultural experiment station.

      4.  Such other departments as the board of regents may designate.


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      Sec. 48.  NRS 396.610 is hereby amended to read as follows:

      396.610  All rules and regulations necessary for the proper administration and enforcement of the public service division of the University of Nevada System shall be made by the [president] presidents, the chancellor and the board of regents. [of the University of Nevada.]

      Sec. 49.  (There is no section of this number.)

      Sec. 50.  NRS 396.690 is hereby amended to read as follows:

      396.690  The assent of the State of Nevada by its legislature is hereby given to the provisions and requirements of an Act of Congress entitled “An Act to provide for cooperative extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July second, eighteen hundred and sixty-two, and of Acts supplementary thereto, and the United States Department of Agriculture,” approved May 8, 1914 (c. 79, 38 Stat. 372), and any acts amendatory thereof and supplemental thereto. The board of regents of the University of Nevada is hereby authorized and empowered to receive the grants of money appropriated under such federal acts, and to organize and conduct agricultural extension work which shall be carried on in connection with the college of agriculture of the University of Nevada [,] System, in accordance with the terms and conditions expressed in such Acts of Congress.

      Sec. 51.  NRS 396.740 is hereby amended to read as follows:

      396.740  The agricultural experiment station, organized and established by the board of regents [at and] in connection with the University of Nevada [,] System, is hereby recognized and shall be continued as a part of the University of Nevada [.] System. The agricultural experiment station shall be conducted for the purposes of acquiring and diffusing among the people useful and practical information on subjects connected with agriculture, and to promote scientific investigation and experiment respecting the principles and applications of agricultural science.

      Sec. 52.  NRS 396.750 is hereby amended to read as follows:

      396.750  The board of regents, [of the University of Nevada,] upon recommendation of the [president,] appropriate officer of the University of Nevada System shall designate and appoint a qualified individual to conduct the agricultural experiment station, and shall grant him such assistants as they deem necessary.

      Sec. 53.  NRS 396.790 is hereby amended to read as follows:

      396.790  1.  The director of the Nevada agricultural experiment station of the University of Nevada [,] System, with the approval of the board of regents, is hereby authorized and directed to enter into cooperative agreements with the United States Department of Agriculture under the provisions of an Act of Congress entitled “An Act to provide for further research into basic laws and principles relating to agriculture and to improve and facilitate the marketing and distribution of agricultural products,” approved August 14, 1946 (c. 966, 60 Stat. 1082; 7 U.S.C. § 427).

      2.  Funds to carry out the provisions of this section will be provided by direct legislative appropriation, which funds shall constitute the Nevada agricultural experiment station fund.

      3.  All claims against the Nevada agricultural experiment station fund shall be certified by the director of the Nevada agricultural experiment station, approved by the board of regents and the state board of examiners, and when so certified and approved, the state controller is authorized to draw his warrants in payment of the same, and the state treasurer is authorized to pay the same.


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ê1969 Statutes of Nevada, Page 1439 (Chapter 666, SB 273)ê

 

station, approved by the board of regents and the state board of examiners, and when so certified and approved, the state controller is authorized to draw his warrants in payment of the same, and the state treasurer is authorized to pay the same.

      Sec. 54.  NRS 396.7951 is hereby amended to read as follows:

      396.7951  The primary purposes of the institute shall be:

      1.  To foster and to conduct fundamental scientific, economic, social or educational investigations, and applied research for industry, governmental or private agencies, or individuals;

      2.  To encourage and foster a desire for research on the part of students and faculty;

      3.  To discover and develop research talent;

      4.  To acquire and disseminate knowledge related to the projects undertaken; and

      5.  In general, to promote all research objectives of the University of Nevada [.] System.

      Sec. 55.  NRS 396.7992 is hereby amended to read as follows:

      396.7992  The board of regents, in the name and on the behalf of the University of Nevada System, may:

      1.  Cause to be formed a nonprofit corporation pursuant to NRS 81.290 to 81.340, inclusive, for the acquisition of real property for the future development and expansion of the University of Nevada, Reno, in Washoe County.

      2.  Provide the name of the corporation.

      3.  Specify it is formed for charitable and education purposes, subject to the basic object provided therefor in subsection 1.

      4.  Specify incidental powers which the corporation may exercise, including without limitation:

      (a) The power to solicit and receive contributions, gifts, grants, devises and bequests of real and personal property, or any combination thereof;

      (b) The powers enumerated in NRS 81.310; and

      (c) The power to do all acts and things as may be necessary or convenient or desirable to carry out the objects and purposes for which such corporation is formed.

      5.  Provide for:

      (a) The location and relocation of the principal office of such corporation;

      (b) The distribution of its assets, after the liquidation of its obligations, if any, to the University of Nevada System or its board of regents, as it may determine, for the benefit of the University of Nevada System upon any dissolution and liquidation of the corporation;

      (c) Its perpetual existence;

      (d) Its governing body and appointments and reappointments of members thereto; and

      (e) The adoption and alteration from time to time of bylaws by the corporation.

      Sec. 56.  NRS 396.801 is hereby amended to read as follows:

      396.801  The board of regents, in the name and on the behalf of the University of Nevada System, may:

      1.  Cause to be formed a nonprofit corporation pursuant to NRS 81.290 to 81.340, inclusive, for the acquisition of real property for the future development and expansion of [Nevada Southern University] University of Nevada, Las Vegas, in Clark County.


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ê1969 Statutes of Nevada, Page 1440 (Chapter 666, SB 273)ê

 

future development and expansion of [Nevada Southern University] University of Nevada, Las Vegas, in Clark County.

      2.  Provide the name of the corporation.

      3.  Specify it is formed for charitable and education purposes, subject to the basic object provided therefor in subsection 1.

      4.  Specify incidental powers which the corporation may exercise, including without limitation:

      (a) The power to solicit and receive contributions, gifts, grants, devises and bequests of real and personal property, or any combination thereof;

      (b) The powers enumerated in NRS 81.310; and

      (c) The power to do all acts and things as may be necessary or convenient or desirable to carry out the objects and purposes for which such corporation is formed.

      5.  Provide for:

      (a) The location and relocation of the principal office of such corporation;

      (b) The distribution of its assets, after the liquidation of its obligations, if any, to the University of Nevada or its board of regents, as it may determine, for the benefit of [Nevada Southern University] University of Nevada, Las Vegas, upon any dissolution and liquidation of the corporation;

      (c) Its perpetual existence;

      (d) Its governing body and appointments and reappointments of members thereto; and

      (e) The adoption and alteration from time to time of bylaws by the corporation.

      Sec. 57.  NRS 396.813 is hereby amended to read as follows:

      396.813  “Board” means the board of regents of the University of Nevada, constituting the governing body of the state university and a body corporate and politic by the name of the “board of regents of the University of Nevada,” is a political subdivision of this state, and means any successor governing body of the university.

      Sec. 58.  NRS 396.830 is hereby amended to read as follows:

      396.830  “President of the university” means the de facto or de jure presiding officer of the University of Nevada and its chief administrative officer, now designated as the chancellor of the University of Nevada System, and formerly designated as the president of the University of Nevada, or his successor in functions, if any. “President of the university” does not mean the chief administrative officer of either the branch of the university in Washoe County or the branch of the university in Clark County, now designated respectively as the “president of the University of Nevada, Reno” and the “president of the University of Nevada, Las Vegas.” The latter officer was formerly designated as the “chancellor of Nevada Southern University.” Both of those officers are responsible and subordinate to the chancellor of the University of Nevada System.

      Sec. 59.  NRS 396.835 is hereby amended to read as follows:

      396.835  “Treasurer of the university” means the de facto or de jure treasurer of the board and ex officio treasurer of the University of Nevada [,] System, or his successor in functions, if any.

      Sec. 60.  NRS 396.838 is hereby amended to read as follows:

      396.838  “University” means the University of Nevada [,] System, the state university constituting a body corporate and politic, a political subdivision of this state, [and] with the seat located in the city of Reno, in the county of Washoe and State of Nevada [,] and with a [regional] branch designated [Nevada Southern] University of Nevada, Las Vegas, and located in Clark County, Nevada, and means any successor educational institution.


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the state university constituting a body corporate and politic, a political subdivision of this state, [and] with the seat located in the city of Reno, in the county of Washoe and State of Nevada [,] and with a [regional] branch designated [Nevada Southern] University of Nevada, Las Vegas, and located in Clark County, Nevada, and means any successor educational institution.

      Sec. 61.  NRS 396.853 is hereby amended to read as follows:

      396.853  1.  Bonds and other securities issued hereunder shall be executed in the name of the university or the board, shall be signed by the chairman of the board, shall be attested by the secretary of the board, shall be countersigned by the [president] chancellor of the university, and shall be countersigned by the treasurer of the university; and the bonds or other securities shall be authenticated by the official seal of the university or the board. Any coupons shall be signed by the treasurer of the university. Facsimile signatures may be used on any coupons.

      2.  Any bonds or other securities, including without limitation any certificates endorsed thereon, may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act, cited as chapter 351 of NRS. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)

      3.  The bonds, any coupons appertaining thereto, and other securities, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the university or the board, as the case may be, 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.

      4.  Any officer authorized or permitted to sign any bonds, any coupons, or any other securities, at the time of their execution and of a signature certificate appertaining thereto, 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 bonds, coupons and other securities appertaining thereto, or any combination thereof.

      Sec. 62.  NRS 396.864 is hereby amended to read as follows:

      396.864  Subject to any contractual limitations binding upon the holders of any issue or series of securities, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, and subject to any prior or superior rights of others, any holder of securities, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of securities similarly situated:

      1.  By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the board or university, or both, the [president] chancellor of the university, and any other of the officers, agents and employees of the board or university, or both, to require and compel the board or university, or both, or any such officers, agents or employees to perform and carry out their respective duties, obligations or other commitments hereunder and their respective covenants and agreements with the holder of any security;

      2.  By action or suit in equity to require the board or university, or both, to account as if they were the trustee of an express trust;

      3.  By action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any facilities and any pledged revenues for the payment of the securities, prescribe sufficient fees derived from the facilities, and collect, receive and apply all pledged revenues or other moneys pledged for the payment of the securities in the same manner as the board itself might do in accordance with the obligations of the university or the board; and

 


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ê1969 Statutes of Nevada, Page 1442 (Chapter 666, SB 273)ê

 

receiver may enter and take possession of any facilities and any pledged revenues for the payment of the securities, prescribe sufficient fees derived from the facilities, and collect, receive and apply all pledged revenues or other moneys pledged for the payment of the securities in the same manner as the board itself might do in accordance with the obligations of the university or the board; and

      4.  By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the holder of any securities and to bring suit thereupon.

      Sec. 63.  NRS 398.100 is hereby amended to read as follows:

      398.100  1.  The members of the commission shall be appointed by the governor for terms of 4 years and until a successor is appointed, and shall include the following persons:

      (a) One member of the board of trustees of the Washoe County School District;

      (b) One member of the board of trustees of the Clark County School District;

      (c) One member of a board of trustees of the remaining 15 county school districts;

      (d) A member of the faculty of the University of Nevada [or Nevada Southern University] , Reno, or of the University of Nevada, Las Vegas, who is recommended by the board of regents; and

      (e) A representative of the state department of education.

      2.  The commission shall appoint an executive director who shall serve as an ex officio member of the commission. The attorney general or his representative shall serve as legal counsel to the commission.

      Sec. 64.  NRS 439.110 is hereby amended to read as follows:

      439.110  1.  Except as provided in subsection 2, the state health officer shall devote his full time to his official duties and shall not engage in any other business or occupation.

      2.  Notwithstanding the provisions of NRS 281.127, the state health officer may cooperate with the University of Nevada System in the preparation and teaching of preservice professional workers in public health, and in a program providing additional professional preparation for public health workers employed by the State of Nevada.

      Sec. 65.  NRS 451.360 is hereby amended to read as follows:

      451.360  The University of Nevada System shall have power to establish a committee on anatomical dissection which shall be composed as follows:

      1.  One doctor of medicine appointed by the Nevada State Medical Association.

      2.  One doctor of dentistry appointed by the Nevada State Dental Association.

      3.  One pathologist appointed by the Nevada State Society of Pathologists.

      4.  One member appointed by the president of the University of Nevada, Reno from the faculty of the University of Nevada [in] , Reno.

      5.  One member appointed by the president of the University of Nevada, Las Vegas from the faculty of [Nevada Southern.] the University of Nevada, Las Vegas.


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ê1969 Statutes of Nevada, Page 1443 (Chapter 666, SB 273)ê

 

      6.  The state health officer or one of his staff appointed by him.

      7.  One member appointed by the Nevada Funeral Service Association.

      Sec. 66.  NRS 451.370 is hereby amended to read as follows:

      451.370  The committee shall keep full and complete minutes of each meeting of the committee and a complete record of all dead human bodies received and distributed by it and of the persons to whom such bodies may be distributed. Such minutes and records shall be open at all times to the inspection of each member of the committee and of the district attorney of any county within the state. A report of the activities of the committee shall be made annually to the [president] presidents of the University of Nevada System and to the state board of health. One of the University of Nevada System committee members shall act as secretary and shall be responsible for preparing and maintaining a complete file of such minutes and records.

      Sec. 67.  NRS 457.030 is hereby amended to read as follows:

      457.030  1.  The Nevada cancer advisory council is hereby established. The council shall consist of 10 members, five of whom shall be doctors of medicine, one a doctor of osteopathy, one a doctor of dental surgery, one a chiropractor, one an attorney at law and one a member of the physical science department of the University of Nevada [.] , Reno, or of the University of Nevada, Las Vegas.

      2.  In addition to the 10 members provided for in subsection 1, the state health officer shall be an ex officio member of the council.

      Sec. 68.  NRS 458.200 is hereby amended to read as follows:

      458.200  One member shall be a professional educator engaged in educational administration or instruction in Nevada for not less than 5 years immediately preceding his appointment. He shall have a master’s degree or the equivalent thereof and be a member of the staff of the University of Nevada System or a county school system of the state.

      Sec. 69.  NRS 544.060 is hereby amended to read as follows:

      544.060  In carrying out the purposes of NRS 544.010 to 544.060, inclusive, the director shall utilize to the fullest possible extent the facilities and technical resources of the desert research institute of the University of Nevada [.] System.

      Sec. 70.  NRS 548.120 is hereby amended to read as follows:

      548.120  1.  The following shall serve, ex officio, as members of the state soil conservation committee:

      (a) The dean of the Max C. Fleischmann College of Agriculture of the University of Nevada [.] , Reno.

      (b) The executive director of the state department of agriculture.

      (c) The director of the state department of conservation and natural resources.

      2.  The governor shall appoint four members from a list of 10 names of persons submitted to him by the Nevada Association of Soil Conservation Districts, not more than one of which persons shall reside in any one county or district, who are or shall have been farm operators within the State of Nevada, to serve with the members designated in subsection 1 as the state soil conservation committee.

      3.  The ex officio members may appoint, in writing, alternates to attend any meeting of the committee, and such alternates shall have full voting powers.


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ê1969 Statutes of Nevada, Page 1444 (Chapter 666, SB 273)ê

 

attend any meeting of the committee, and such alternates shall have full voting powers.

      Sec. 71.  NRS 549.010 is hereby amended to read as follows:

      549.010  In order to provide for continued extension work in agriculture, home economics and rural welfare in the State of Nevada, the director of the agricultural extension department of the public service division of the University of Nevada System and the boards of county commissioners of any or all of the respective counties of the State of Nevada may enter into cooperative agreements and activities subject to the provisions of this chapter.

      Sec. 72.  NRS 549.020 is hereby amended to read as follows:

      549.020  1.  The director of the agricultural extension department of the public service division of the University of Nevada System shall prepare and submit to the board of county commissioners, for each county participating, an annual financial budget covering the county, state and federal funds cooperating in the cost of cooperative extension work in agriculture and home economics.

      2.  Such budget shall be adopted by the board of county commissioners and certified as a part of the annual county budget, and the county tax levy provided for agricultural extension work in the annual county budget shall include a levy of not less than 1 cent on each $100 of taxable property. If the proceeds of the county tax levy of 1 cent are insufficient to meet the county’s share of such cooperative agricultural extension work, as provided in the combined annual financial budget, the board of county commissioners may, by unanimous vote, levy an additional tax so that the total in no instance shall exceed 5 cents on each $100 of the county tax rate.

      3.  The proceeds of such tax shall be placed in the agricultural extension fund in each county treasury and shall be paid out on claims drawn by the agricultural extension agent of the county as designated by the director of the agricultural extension department of the public service division of the University of Nevada [,] System, when approved by such director and countersigned by the [chief business officer] treasurer of the University of Nevada [.] System.

      4.  A record of all such claims approved and paid, segregated by counties, shall be kept by the [chief business officer] treasurer of the University of Nevada [.] System. The cost of maintaining such record shall be paid from state funds provided for by this chapter.

      5.  The state’s cooperative share of the cost of such agricultural extension work, as entered in the budget described in this section, shall not be more than a sum equal to the proceeds of 1 cent of such county tax rate; but when the proceeds of a 1-cent tax rate are insufficient to carry out the provisions of the budget previously adopted, the director of the agricultural extension department of the public service division of the University of Nevada System is authorized to supplement the state’s cooperative share from such funds as may be made available in the public service division fund of the University of Nevada [.] System.

      Sec. 73.  NRS 549.030 is hereby amended to read as follows:

      549.030  1.  A certified copy of the county extension work budget as adopted and approved, as provided in NRS 549.020, shall be filed with the [chief business officer] treasurer of the University of Nevada System within 10 days after its approval by the board of county commissioners.


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ê1969 Statutes of Nevada, Page 1445 (Chapter 666, SB 273)ê

 

the [chief business officer] treasurer of the University of Nevada System within 10 days after its approval by the board of county commissioners.

      2.  Necessary modifications thereof, involving county and state funds, due to leaves of absence without pay, resignations, changes in salary, dismissals, or employment of any cooperative agent, variations in expense accounts, or otherwise, not involving an increase in the total expenditures provided to be paid from such funds, and consistent with the purposes of this chapter, may be made by filing with the [chief business officer] treasurer of the University of Nevada System and the board of county commissioners a revised budget, approved by the director of the agricultural extension department of the public service division of the University of Nevada System and countersigned by the [chief business officer] treasurer of the University of Nevada [.] System.

      Sec. 74.  NRS 549.050 is hereby amended to read as follows:

      549.050  All moneys appropriated as mentioned in NRS 549.040 shall be expended under the direction of the director of the agricultural extension department of the public service division of the University of Nevada System to the extent of the financial budget for cooperation between the state and the respective counties provided for in NRS 549.020.

      Sec. 75.  NRS 550.010 is hereby amended to read as follows:

      550.010  As used in this chapter, unless the context otherwise requires:

      1.  “Board of regents” means the board of regents of the University of Nevada.

      2.  “Director” means the director of the agricultural extension department of the public service division of the University of Nevada [.] System.

      3.  “State 4-H camp” means the state 4-H camp institute and exhibit.

      Sec. 76.  NRS 550.035 is hereby amended to read as follows:

      550.035  The state 4-H camp advisory council is hereby created, to consist of 12 members chosen for terms of 3 years as follows:

      1.  Four members from the leaders of 4-H clubs in this state, elected by the leaders.

      2.  Two members appointed by the president of the University of Nevada [.] , Reno.

      3.  Four members designated from among its members by the Nevada Farm Bureau.

      4.  Two members from the agricultural extension service, elected by the county agents.

      Sec. 77.  NRS 553.040 is hereby amended to read as follows:

      553.040  1.  Every agricultural demonstration farm or plot under the provisions of this chapter shall be conducted by the owner, lessee or manager thereof under the supervision of the agricultural extension department of the public service division of the University of Nevada System and in accordance with the terms of a written project agreement entered into with the agricultural extension department of the public service division of the University of Nevada System and approved by the board of county commissioners of the county in which the agricultural farm or plot is located.


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ê1969 Statutes of Nevada, Page 1446 (Chapter 666, SB 273)ê

 

      2.  The agreement shall include the keeping by such owner, lessee or manager of accurate and systematic records and accounts in the form prescribed by the agricultural extension department of the public service division of the University of Nevada [,] System, which records and accounts shall be subject to inspection, use and publication in furtherance of the purposes of this chapter.

      Sec. 78.  NRS 553.070 is hereby amended to read as follows:

      553.070  1.  Any county desiring to avail itself of the provisions of this chapter shall, by resolution of its board of county commissioners, bind itself to pay to the owner, lessee or manager of such demonstration farm or plot as follows:

      (a) For each demonstration farm, the sum of $10 per acre, but not exceeding the sum of $100 for any such demonstration farm unit.

      (b) For any demonstration plot, a minimum of $25 if [the same] it is less than 3 acres, and $10 per acre if it contains 3 acres or more.

      2.  The sums shall be paid annually for each year the demonstration is to be continued, on the certification by the agricultural extension department of the public service division of the University of Nevada System that such demonstration has been conducted in accordance with the agreement.

      3.  No county shall be obligated under the provisions of this section except in respect to demonstration farms and plots which have been approved by the board of county commissioners as provided in NRS 553.040.

      4.  The authority to provide for such expenditure in the county budget and to disburse the same is hereby granted to the board of county commissioners and the other officials of the several counties.

      Sec. 79.  NRS 553.090 is hereby amended to read as follows:

      553.090  The agricultural extension department of the public service division of the University of Nevada System annually shall prepare the information resulting from such demonstration in a form serviceable to aid and advance agricultural welfare of the state. Such number of copies thereof as may be deemed necessary, not exceeding 10,000 shall be printed by the superintendent of state printing for free distribution.

      Sec. 80.  NRS 555.410 is hereby amended to read as follows:

      555.410  The executive director may, in cooperation with the University of Nevada [,] System, publish information regarding injury which may result from improper application or handling of economic poisons and methods and precautions designed to prevent such injury.

      Sec. 81.  NRS 563.030 is hereby amended to read as follows:

      563.030  One member of the board shall be a member of the teaching staff of the college of agriculture of the University of Nevada [.] System. One member of the board shall be a member of the staff of the agricultural extension department of the public service division of the University of Nevada [.] System. One member of the board shall be a member of the staff of the state board for vocational education. Two members of the board shall be persons interested in the raising and improving of livestock in the State of Nevada, not necessarily stockraisers.

      Sec. 82.  NRS 563.100 is hereby amended to read as follows:

      563.100  1.  The Nevada junior livestock show board shall each year hold a junior livestock show at a place to be determined by the Nevada junior livestock show board.


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ê1969 Statutes of Nevada, Page 1447 (Chapter 666, SB 273)ê

 

hold a junior livestock show at a place to be determined by the Nevada junior livestock show board.

      2.  Entries to the show shall be limited to animals grown and owned by persons under the age of 21 years, who have been certified by the state 4-H club leader or the state supervisor of vocational agricultural education; but students regularly registered in animal husbandry courses at the college of agriculture of the University of Nevada [,] System, over 21 years of age, may make entries, subject to the discretion of the board.

      Sec. 83.  NRS 584.135 is hereby amended to read as follows:

      584.135  1.  The commissioner of food and drugs is authorized and empowered, subject to the provisions of subsection 2, to make and enforce such reasonable rules and regulations, within the meaning and purposes of NRS 584.110 to 584.160, inclusive, as may be necessary in their administration, and which may include the sanitary production, care and handling of milk and cream used in the making of butter.

      2.  The rules and regulations provided for in subsection 1 shall first be approved by the director of the agricultural extension department of the public service division of the University of Nevada [.] System.

      Sec. 84.  NRS 616.081 is hereby amended to read as follows:

      616.081  1.  Members of varsity and freshman athletic teams at the University of Nevada [and Nevada Southern University,] , Reno, and at the University of Nevada, Las Vegas, while engaged in organized practice or actual competition or any activity related thereto shall be deemed for the purpose of this chapter and for no other purpose to be employees of the University of Nevada System at a wage of $50 per month. In the event of injury while engaged in practice, competition or related activity, they are entitled to the benefits of this chapter.

      2.  This section is for the purpose of extending insurance coverage only, and is in no way intended to affect the amateur status of the members or imply that any such members are receiving wages for participation.

      Sec. 85.  NRS 629.040 is hereby amended to read as follows:

      629.040  1.  Within 60 days after March 24, 1951, the board of regents of the University of Nevada shall appoint the state board of examiners in the basic sciences consisting of 3 members. The members of the board shall be appointed one for 1 year, one for 2 years, and one for 3 years, from the dates of their respective appointments. On the expiration of the term of any member, the board or regents of the University of Nevada shall fill the vacancy by appointment for a term of 3 years. Every member shall serve until his successor is appointed and qualified.

      2.  On the death, resignation or removal of any member, the board of regents of the University of Nevada shall fill the vacancy by appointment for the unexpired portion of the term.

      3.  Each member of the board shall:

      (a) Be selected because of his knowledge of the basic sciences.

      (b) Be a professor or an instructor on the faculty of the University of Nevada System or some other institution of learning in the State of Nevada of equal rank.

      (c) Have resided in Nevada not less than 1 year next preceding his appointment.

      4.  No member of the board shall be actively engaged in the practice of the healing art or of any branch thereof.


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ê1969 Statutes of Nevada, Page 1448 (Chapter 666, SB 273)ê

 

      Sec. 86.  NRS 645.345 is hereby amended to read as follows:

      645.345  The commission, with the prior written approval of [the] a dean of the college of business administration of the University of Nevada [,] System, shall:

      1.  Promulgate reasonable regulations defining what constitutes:

      (a) A course of instruction in real estate principles, practices, procedures and ethics, which course of instruction shall include the subjects upon which an applicant is examined in determining his fitness to receive an original real estate broker’s license.

      (b) A school offering such a course.

      2.  Adopt regulations providing for the establishment and maintenance of a uniform and reasonable standard of instruction to be observed in and by such schools.

      Sec. 87.  1.  Wherever there appears in any chapter of the Statutes of Nevada 1969 the name “University of Nevada” in reference to all campuses of the university or to the entire university system, such name shall be deemed to be “University of Nevada System.”

      2.  Wherever there appears in any chapter of the Statutes of Nevada 1969 the name “University of Nevada” in reference to the campus of the university in Washoe County, such name shall be deemed to be “University of Nevada, Reno.”

      3.  Wherever there appears in any chapter of the Statutes of Nevada 1969 the name “Nevada Southern University,” such name shall be deemed to be “University of Nevada, Las Vegas.”

      4.  In preparing the 1969 supplement to Nevada Revised Statutes, the legislative counsel shall make changes in Nevada Revised Statutes to conform to subsections 1, 2 and 3.

      Sec. 88.  This act shall become effective at 12:03 a.m. on July 1, 1969.

 

________

 

 

CHAPTER 667, SB 473

Senate Bill No. 473–Clark County Delegation

CHAPTER 667

AN ACT relating to taxation; providing for the apportionment among counties of the taxable valuation of certain electric light and power companies; and providing other matters properly relating thereto.

 

[Approved April 29, 1969]

 

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

do enact as follows:

 

      Section 1.  NRS 361.320 is hereby amended to read as follows:

      361.320  1.  At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which shall in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state.


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ê1969 Statutes of Nevada, Page 1449 (Chapter 667, SB 473)ê

 

and the property and franchises of all railway express companies operating on any common or contract carrier in this state. Such valuation shall not include the value of vehicles as defined in NRS 371.020.

      2.  [The] Except as otherwise provided in subsections 3 and 4, the foregoing shall be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then proceed to determine the total aggregate mileage operated within the state and within the several counties thereof, and apportion the same upon a mile-unit valuation basis, and the number of miles so apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation so established by the Nevada tax commission.

      3.  Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and such physical property also includes two or more operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:

      (a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.

      (b) Apportion 15 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.

      (c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.

      4.  Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and such physical property also includes two but not more than two operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:

      (a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.

      (b) Apportion 20 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.

      (c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.

      5.  The Nevada tax commission shall prepare and adopt formulas, and cause the same to be incorporated in its records, providing the method or methods pursued in fixing and establishing the full cash value of all franchises and property assessed by it. Such formulas shall be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but such formulas shall in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it.


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ê1969 Statutes of Nevada, Page 1450 (Chapter 667, SB 473)ê

 

      [3.]6.  The word “company” shall be construed to mean and include any person or persons, company, corporation or association engaged in the business described.

      [4.]7.  In case of the omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein such property is situated shall assess the same.

      [5.]8.  All other property shall be assessed by the county assessors, except that the valuation of land, livestock and mobile homes shall be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.

      [6.]9.  On or before the 1st Monday in December the Nevada tax commission shall transmit to the several county assessors the assessed valuation found by it on such classes of property as are enumerated in this section, together with the apportionment of each county of such assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the Nevada tax commission.

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

 

________

 

 

CHAPTER 668, AB 706

Assembly Bill No. 706–Mr. Swallow

CHAPTER 668

AN ACT relating to trade regulations; prohibiting service station games and contests; providing a penalty; and providing other matters properly relating thereto.

 

[Approved April 29, 1969]

 

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

do enact as follows:

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any dealer or seller of gasoline or other motor vehicle fuel who engages in, promotes or in any manner operates, in connection with the sale of goods or services, any contest or game by which a person may, as determined by chance, receive gifts, prizes or gratuities is guilty of a misdemeanor.

      2.  The provisions of subsection 1 apply whether or not a purchase is required in order to participate in such contest or game.

 

________


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ê1969 Statutes of Nevada, Page 1451ê

 

CHAPTER 669, AB 360

Assembly Bill No. 360–Committee on Taxation

CHAPTER 669

AN ACT relating to property tax; clarifying methods and procedures involved in the valuation and assessment of property; and providing other matters properly relating thereto.

 

[Approved April 29, 1969]

 

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

do enact as follows:

 

      Section 1.  NRS 361.227 is hereby amended to read as follows:

      361.227  1.  In determining the full cash value of real property, the county assessor, [and] county board of equalization and the state board of equalization shall [give weight to] compute such full cash value by using each of the following factors for which information is available:

      (a) The [price at which the property was sold to the present owner,] estimate of the value of the vacant land, plus any improvements made [by him] and minus any depreciation [applicable to buildings and other improvements.] computed according to the estimated life of such improvements.

      (b) The market value of the property, as evidenced by: [comparable sales in the vicinity.

      (c) In addition to the value of the land, the replacement cost of any buildings or other improvements less a reasonable allowance for depreciation computed according to the estimated life of such buildings and improvements.

      (d) The value of the property derived from the capitalization, at a rate of return not less than 5.5 percent nor more than 8 percent, of the net income which could reasonably be expected from the rental of the property, taking due account of its location.

      (e) The value of the property for the use to which it is actually put during the fiscal year of assessment.

      2.  Any taxpayer may furnish to the county assessor information concerning any one or more of the factors enumerated in subsection 1, and if he does so, shall furnish such additional information as the county assessor may reasonably require. If the taxpayer does not so furnish information, the determination of value by the county assessor shall be rebuttably presumed to be correct.

      3.]

             (1) Comparable sales in the vicinity;

             (2) The price at which the property was sold to the present owner; and

             (3) The value of the property for the use to which it was actually put during the fiscal year of assessment.

      (c) The value of the property estimated by capitalization of the fair economic income expectancy.

The criteria of applicability for each factor shall be prescribed by regulation of the Nevada tax commission.

      2.  The county assessor shall, upon request of the owner, furnish within 10 days to any owner of property a statement of the value computed [by each method prescribed in subsection 1, and of the items used in each such computation.


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

ê1969 Statutes of Nevada, Page 1452 (Chapter 669, AB 360)ê

 

      4.] from each of the factors used and the items used in each such computation.

      3.  In determining the full cash value of a merchant’s or dealer’s stock in trade, the county assessor shall use the average value over the 12 months immediately preceding the date of assessment. For this purpose, the county assessor may require from such merchant or dealer a verified report of the value of his stock in trade at any time or reasonable number of times during the year.

      Sec. 2.  NRS 361.260 is hereby amended to read as follows:

      361.260  1.  Between July 1 and December 31 in each year, the county assessor, except when otherwise required by special enactment, shall ascertain by diligent inquiry and examination all real and personal property in his county subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the same. He shall then determine the full cash value of all such property and he shall then list and assess the same at 35 percent of its full cash value to the person, firm, corporation, association or company owning it.

      2.  In arriving at the value of all public utilities of an intracounty nature, the intangible or franchise element shall be considered as an addition to the physical value and a portion of the full cash value.

      3.  In addition to the inquiry and examination required in subsection 1, the county assessor shall appraise property using standards approved by the Nevada tax commission, and reappraise all property at least once every 5 years thereafter using the same standards. Such appraisals and reappraisals at 5-year intervals shall be accepted as the examination required under subsection 1, for the intervening 4 years.

      Sec. 3.  NRS 361.265 is hereby amended to read as follows:

      361.265  1.  For the purpose of enabling the county assessor to make assessments, he shall demand from each person or firm, and from the president, cashier, treasurer or managing agent of each corporation, association or company, including all banking institutions, associations or firms within his county, a statement under oath or affirmation on forms to be furnished by the county assessor of all the [real estate and] personal property within the county, owned or claimed by such persons, firms, corporations, associations or companies.

      2.  If the owners of any property not listed by another person shall be absent or unknown, or fail to make the statement under oath or affirmation as herein provided within [5] 15 days after demand is made therefor, the county assessor shall make an estimate of the value of such property and assess the same accordingly. If the name of such absent owner is known to the county assessor, the property shall be assessed in his name. If the name of the owner is unknown to the county assessor, the property shall be assessed to “unknown owner”; but no mistake heretofore or hereafter made in the name of the owner or the supposed owner of real property shall render the assessment or any sale of such property for taxes invalid.

      3.  At the end of each month the county assessor shall report to the district attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section, and the district attorney shall prosecute all persons so offending.

      4.  If any person, officer or agent shall neglect or refuse on demand of the county assessor or his deputy to give under oath or affirmation the statement required by this section, or shall give a false name, or shall refuse to give his name, or shall refuse to swear or affirm, he shall be guilty of a misdemeanor and shall be arrested upon the complaint of the county assessor or his deputy.


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ê1969 Statutes of Nevada, Page 1453 (Chapter 669, AB 360)ê

 

of the county assessor or his deputy to give under oath or affirmation the statement required by this section, or shall give a false name, or shall refuse to give his name, or shall refuse to swear or affirm, he shall be guilty of a misdemeanor and shall be arrested upon the complaint of the county assessor or his deputy.

 

________

 

 

CHAPTER 670, AB 343

Assembly Bill No. 343–Mr. Close

CHAPTER 670

AN ACT relating to wildlife; permitting private entities to maintain a zoo upon approval of the board of county commissioners or city council; and providing other matters properly relating thereto.

 

[Approved April 29, 1969]

 

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

do enact as follows:

 

      Section 1.  NRS 503.590 is hereby amended to read as follows:

      503.590  1.  Except as provided in this section, it 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 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 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 department shall in its discretion determine whether an animal collection qualifies for a license under this subsection. The department may charge a fee for such license 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.


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

ê1969 Statutes of Nevada, Page 1454 (Chapter 670, AB 343)ê

 

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.  Any person, firm, partnership or corporation may maintain any zoo, menagerie or display of live wild animals, wild birds or reptiles, either native or exotic, after first receiving approval from:

      (a) The board of county commissioners, if located in a county outside any incorporated city.

      (b) The city council or other governing body of a city, if located in a city.

The board of county commissioners or the governing body of a city shall grant a permit pursuant to this subsection only if it first finds that the proposed zoo, menagerie or display will be primarily for an educational purpose and will not be part of or adjunct to any commercial enterprise.

      Sec. 2.  This act shall become effective at 12:03 a.m. on July 1, 1969.

 

________

 

 

CHAPTER 671, AB 757

Assembly Bill No. 757–Committee on Ways and Means

CHAPTER 671

AN ACT relating to reports of state agencies; changing the requirement for annual reports to biennial reports.

 

[Approved April 29, 1969]

 

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

do enact as follows:

 

      Section 1.  NRS 210.070 is hereby amended to read as follows:

      210.070  1.  The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.

      2.  He shall be the executive and administrative head of the school, subject to administrative supervision by the director, and as such shall have the following powers and duties:

      (a) To exercise general supervision of and make and revise rules and regulations for the government of the school.

      (b) To make and revise rules and regulations for the preservation of order and the enforcement of discipline.

      (c) To be responsible for and to supervise the fiscal affairs and responsibilities of the school, and to purchase such supplies and equipment as may be necessary from time to time.

      (d) To make quarterly reports to the director, and to supply the director with material on which to base proposed legislation.

      (e) To keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

      (f) To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.010 to 210.290, inclusive.

      (g) To submit [an annual report] a biennial report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the director of the condition, operation and functioning of the school, and anticipated needs of the school.


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

ê1969 Statutes of Nevada, Page 1455 (Chapter 671, AB 757)ê

 

1 of each even-numbered year covering the biennium ending June 30 of such year to the director of the condition, operation and functioning of the school, and anticipated needs of the school.

      (h) To keep the public informed in regard to the activities and operation of the school, and to disseminate other information which will acquaint the public with juvenile correctional problems.

      Sec. 2.  NRS 210.480 is hereby amended to read as follows:

      210.480  1.  The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.

      2.  He shall be the executive and administrative head of the school, subject to administrative supervision by the director, and as such shall have the following powers and duties:

      (a) Exercise general supervision of and make and revise rules and regulations for the government of the school.

      (b) Make and revise rules and regulations for the preservation of order and the enforcement of discipline.

      (c) Be responsible for and supervise the fiscal affairs and responsibilities of the school, and purchase such supplies and equipment as may be necessary from time to time.

      (d) Make quarterly reports to the director, and supply the director with material on which to base proposed legislation.

      (e) Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

      (f) Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.400 to 210.720, inclusive.

      (g) Submit [an annual report] a biennial report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the director of the condition, operation and functioning of the school, and anticipated needs of the school.

      (h) Keep the public informed in regard to the activities and operation of the school, and disseminate other information which will acquaint the public with juvenile correctional problems pertaining to females.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  NRS 228.100 is hereby amended to read as follows:

      228.100  1.  [Annually, on January 1,] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the attorney general shall report to the governor the condition of the affairs of his department, and in such report he shall make such suggestions as shall appear to him calculated to improve the laws of the state.

      2.  The attorney general shall communicate to the governor or either branch of the legislature, when requested, any information concerning his office.

      Sec. 7.  NRS 231.060 is hereby amended to read as follows:

      231.060  The councils shall be to the director advisory bodies only, and as such shall have the following advisory powers and duties:


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

ê1969 Statutes of Nevada, Page 1456 (Chapter 671, AB 757)ê

 

      1.  To be informed on and interested in the entire field of economic development of the state.

      2.  To advise the director concerning the organization and administration of the department.

      3.  To report to the governor [annually] before September 1 of each even-numbered year, for the biennium ending June 30 of such year, on all matters which it may deem pertinent to the department, and concerning any specific matters previously requested by the governor.

      4.  To advise and make recommendations to the governor or the legislature relative to the economic development and publicity policies of the state.

      5.  To promote the coordination of tourist promotion programs conducted by the various chambers of commerce in the state.

      6.  To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.

      7.  To keep minutes of transactions of each meeting, regular or special, which shall be public records and filed with the department.

      Sec. 8.  NRS 233C.090 is hereby amended to read as follows:

      233C.090  1.  The council shall stimulate throughout the state the presentation of the performing and fine arts and encourage artistic expression essential for the well-being of the arts, and shall make [an annual report] , before September 1 of each even-numbered year, a report covering the biennium ending June 30 of such year to the governor and the legislature on their progress in this regard.

      2.  The council is hereby authorized to:

      (a) Hold public and private hearings;

      (b) Enter into contracts, within the limit of funds available therefor, with:

             (1) Individuals, organizations and institutions for services furthering the educational objectives of the council; and

             (2) Local and regional associations for cooperative endeavors furthering the educational objectives of the council’s programs;

      (c) Accept gifts, contributions and bequests of unrestricted funds from individuals, foundations, corporations and other organizations and institutions for the purpose of furthering the educational objectives of the council’s programs; and

      (d) Make any agreement appropriate to carry out the purposes of this chapter.

      3.  The council shall be the sole and official agency of this state to receive and disburse any funds made available to the state by the National Foundation on the Arts pursuant to 20 U.S.C. § 954h.

      4.  The council may request and shall receive from any department, division, board, bureau, commission or agency of the state such assistance and data, as feasible and available, as will enable the council properly to carry out the purposes of this chapter.

      Sec. 9.  NRS 324.050 is hereby amended to read as follows:

      324.050  1.  [At the close of each fiscal year,] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the state register of lands under the Carey Act shall submit to the commission a detailed report of the transactions concerning Carey Act lands.


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

ê1969 Statutes of Nevada, Page 1457 (Chapter 671, AB 757)ê

 

After approval of the commission, such number of copies of the report shall be printed for free distribution as the commission may direct.

      2.  All pending proceedings before the commission and the state engineer, except applications for permits for water rights, shall not be made public or be open to public inspection until the application for temporary withdrawal or a segregation is filed in the Bureau of Land Management.

      Sec. 10.  NRS 353.263 is hereby amended to read as follows:

      353.263  1.  As used in this section, “emergency” means invasion, insurrection, riot, epidemic or natural disaster.

      2.  There is hereby created in the general fund in the state treasury a fund account to be known as the emergency fund account. Moneys for such fund account shall be provided by direct legislative appropriation.

      3.  When the state board of examiners finds that an emergency exists which requires an expenditure for which no appropriation has been made, or in excess of an appropriation made, by the legislature, the board may authorize the expenditure of not more than $50,000 from the emergency fund account to meet such emergency.

      4.  The state board of examiners shall [biennially] , before September 1 of each even-numbered year file a report covering the biennium ending June 30 of such year, with the president of the senate and the speaker of the assembly enumerating the expenditures authorized by the state board of examiners under the provisions of this section.

      Sec. 11.  (Deleted by amendment.)

      Sec. 12.  (Deleted by amendment.)

      Sec. 13.  NRS 396.780 is hereby amended to read as follows:

      396.780  The director and the board of regents shall make a report to the governor [at the end of each fiscal year.] before September 1 of each even-numbered year covering the biennium ending June 30 of such year. The governor shall transmit all annual reports to the legislature.

      Sec. 14.  NRS 397.070 is hereby amended to read as follows:

      397.070  The commission shall:

      1.  Keep accurate accounts of its activities.

      2.  Report to the governor and the legislature [on August 1] before September 1 of any year preceding a regular session of the legislature, setting forth in detail the transactions conducted by it during the [period since its last report.] biennium ending June 30 of such year.

      3.  Make recommendations for any legislative action deemed by it advisable, including amendments to the statutes which may be necessary to carry out the intent and purposes of the compact between the signatory states.

      Sec. 15.  NRS 408.220 is hereby amended to read as follows:

      408.220  [Annually,] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, and at such other times as the board may designate, the engineer shall report all the proceedings of the department to the board.

      Sec. 16.  NRS 423.100 is hereby amended to read as follows:

      423.100  The superintendent shall:

      1.  Make [a biennial report] a report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the director of the condition, operation and function of the Nevada state children’s home.


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

ê1969 Statutes of Nevada, Page 1458 (Chapter 671, AB 757)ê

 

to the director of the condition, operation and function of the Nevada state children’s home.

      2.  Make reports to the state welfare board.

      Sec. 17.  NRS 451.370 is hereby amended to read as follows:

      451.370  The committee shall keep full and complete minutes of each meeting of the committee and a complete record of all dead human bodies received and distributed by it and of the persons to whom such bodies may be distributed. Such minutes and records shall be open at all times to the inspection of each member of the committee and of the district attorney of any county within the state. A report of the activities of the committee shall be made [annually] before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the presidents of the University of Nevada System and to the state board of health. One of the University of Nevada System committee members shall act as secretary and shall be responsible for preparing and maintaining a complete file of such minutes and records.

      Sec. 18.  NRS 477.050 is hereby amended to read as follows:

      477.050  The state fire marshal shall [annually] before September 1 of each even-numbered year, for the biennium ending June 30 of such year, transmit to the governor a full report of his proceedings and such statistics as he may wish to include therein. He shall also recommend any amendments to the law which, in his judgment, are desirable.

      Sec. 19.  NRS 514.070 is hereby amended to read as follows:

      514.070  1.  The board of regents shall cause to be prepared [an annual report] before September 1 of each even-numbered year a report covering the biennium ending June 30 of such year, showing the progress and condition of the bureau of mines, together with such other information as the board may deem necessary or useful, or as the board may require.

      2.  The regular and special reports of the bureau of mines shall be printed as the board of regents may direct, and the reports may be distributed or sold by the board as the interest of the state or science may demand. All moneys obtained by the sale of such reports shall be paid into the state treasury.

      Sec. 20.  NRS 615.180 is hereby amended to read as follows:

      615.180  1.  The administrator shall:

      (a) Subject to the approval of the director, adopt rules and regulations necessary to carry out the purposes of this chapter;

      (b) Establish appropriate administrative units within the division;

      (c) Appoint such personnel and prescribe their duties as he deems necessary for the proper and efficient performance of the functions of the division;

      (d) Prepare and submit to the governor, through the director, [annual] before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and [, prior to each regular session of the legislature,] estimates of sums required to carry out the purposes of this chapter.

      (e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and

      (f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.


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

ê1969 Statutes of Nevada, Page 1459 (Chapter 671, AB 757)ê

 

cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.

      2.  The administrator may delegate to any officer or employee of the division such of his powers and duties as he finds necessary to carry out the purposes of this chapter.

      Sec. 21.  NRS 625.160 is hereby amended to read as follows:

      625.160  [Annually, on or before July 1,] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the board shall report to the fiscal analyst of the legislative counsel bureau all certificates issued or renewed.

      Sec. 22.  NRS 633.040 is hereby amended to read as follows:

      633.040  1.  The board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension and revocation of licenses to practice osteopathy and surgery. The record shall be open to public inspection at all reasonable times. The record shall also contain the name, known place of business and residence, and the date and number of the license of every registered osteopath.

      2.  The board shall file [an annual] before September 1 of each even-numbered year, for the biennium ending June 30 of such year, a statement covering its records so kept with the secretary of state.

      Sec. 23.  NRS 637.080 is hereby amended to read as follows:

      637.080  [On June 30 of each year,] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the board shall submit to the attorney general a written report. The report shall include:

      1.  The names of all ophthalmic dispensers to whom licenses have been granted as provided in this chapter.

      2.  Any cases heard and decisions rendered by the board.

      3.  The recommendations of the board as to future policies.

Each member of the board shall review and sign the report before it is submitted to the attorney general.

      Sec. 24.  NRS 639.060 is hereby amended to read as follows:

      639.060  [Annually,] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the board shall report to the governor upon the condition of pharmacy in the State of Nevada. The report shall contain:

      1.  A full and complete record of the proceedings of the board for the year.

      2.  The names of all pharmacists registered under this chapter.

      3.  A complete statement of all fees received.

      Sec. 25.  NRS 644.160 is hereby amended to read as follows:

      644.160  The board shall make a written [annual] report to the governor before September 1 of each even-numbered year for the biennium ending June 30 of such year concerning the condition, in this state, of cosmetology and the branches thereof. The report shall contain a brief reference to the proceedings had by or before the board in carrying out the provisions of this chapter for the [year] period last past.

      Sec. 26.  NRS 653.100 is hereby amended to read as follows:

      653.100  1.  [Annually] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the board shall make a written report to the governor which shall include the results of an annual audit of the finances of the board.


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

ê1969 Statutes of Nevada, Page 1460 (Chapter 671, AB 757)ê

 

a written report to the governor which shall include the results of an annual audit of the finances of the board.

      2.  A copy of such [annual] report shall be mailed to each registered public health sanitarian.

      Sec. 27.  NRS 673.042 is hereby amended to read as follows:

      673.042  1.  The commissioner shall [make an annual] , before September 1 of each even-numbered year for the biennium ending June 30 of such year, report to the governor on or before July 1 of each year. The report shall:

      (a) Show the condition of all associations reporting to or examined by the commissioner.

      (b) Be accompanied by a detailed statement of all moneys received by the commissioner since his last report and the disposition of such moneys.

      2.  Copies of the reports shall be furnished to each association or company licensed under the provisions of this chapter.

      Sec. 28.  NRS 680.070 is hereby amended to read as follows:

      680.070  [Annually,] Before September 1 of each even-numbered year for the biennium ending June 30 of such year, the commissioner shall report to the director abstracts of all statements received, together with such suggestions as may be pertinent.

      Sec. 29.  This act shall become effective at 12:04 a.m. on July 1, 1969.

 

________

 

 

CHAPTER 672, SB 526

Senate Bill No. 526–Committee on Federal, State and Local Governments

CHAPTER 672

AN ACT fixing the annual salaries of the elected officers of the counties of this state and Carson City on and after January 4, 1971; repealing certain acts; and providing other matters properly relating thereto.

 

[Approved April 29, 1969]

 

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

do enact as follows:

 

      Section 1.  Chapter 245 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  As used in this section:

      (a) “County” includes Carson City.

      (b) “County commissioner” includes the mayor and supervisors of Carson City.

      2.  On and after January 4, 1971, the elected officers of the counties of this state shall receive annual salaries in the amounts specified in the following table. Such annual salaries shall not be increased or diminished during the term for which such county officers have been elected. The annual salaries shall be in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties shall be paid into the county treasury each month without deduction of any nature.


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

ê1969 Statutes of Nevada, Page 1461 (Chapter 672, SB 526)ê

 

ANNUAL SALARIES AFTER JANUARY 4, 1971

 

County

County Commissioner

District Attorney

 

Sheriff

County Clerk

County Assessor

County Recorder

County Treasurer

Class 1-Clark......

                   $8,400

        $22,000

    $21,000

      $18,000

      $18,000

      $18,000

      $18,000

Class 2-Washoe..

                     7,800

           20,500

       19,000

         17,500

         17,500

         17,500

         17,500

Class 3-Carson City         

                  Elko.....

                     4,500

                     4,500

           14,600

           14,000

       14,000

       15,000

         14,000

         14,000

         14,000

         14,500

         14,000

         14,000

                    

         14,000

Class 4-Douglas.

                     4,200

           11,600

       11,600

         11,600

         11,600

         11,600

                    

Class 5-White Pine        

                     4,000

           10,600

       11,400

         10,600

         10,600

         10,600

         10,600

Class 6-Humboldt.............

                     4,000

             9,900

         9,900

           9,900

           9,900

           9,900

           9,900

                  Lyon....

                     4,000

             9,900

         9,900

           9,900

           9,900

           9,900

                    

                  Nye......

                     4,800

             9,900

         9,900

           9,900

           9,900

           9,900

                    

Class 7-Churchill                 

                     3,900

             9,600

         9,600

           9,600

           9,600

           9,600

                    

                  Mineral                 

                     3,900

             9,600

         9,600

           9,600

           9,600

           9,600

                    

Class 8-Pershing

                     3,600

             9,200

         9,200

           9,200

           9,200

           9,200

                    

                  Eureka

                     3,600

             9,000

         9,000

           9,000

           9,000

           9,000

                    

                  Lander

                     3,600

             9,000

         9,000

           9,000

           9,000

           9,000

           9,000

                  Lincoln                 

                     3,600

             9,000

         9,000

           9,000

           9,000

           9,000

           9,000

Class 9-Esmeralda............

                     3,000

             8,400

         8,400

           8,400

      -----------

           8,400

                    

                  Storey..

                     3,000

             8,400

         8,400

           8,400

           8,400

           8,400

                    

 

 

 


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

ê1969 Statutes of Nevada, Page 1462 (Chapter 672, SB 526)ê

 

      Sec. 2.  NRS 122.130 is hereby amended to read as follows:

      122.130  1.  Every person solemnizing a marriage shall make a record thereof, and within 30 days after the marriage shall make and deliver to the county recorder of the county where the license was issued a certificate under his hand containing the particulars mentioned in NRS 122.120.

      2.  The certificate may be in the following form:

 

State of Nevada

 

 

County of.....................................

}

ss.

 

      This is to certify that the undersigned, a minster of the gospel, (judge, justice of the peace of ............................ County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ............. day of ..........................., A.D. 19......, at ..................... (address or church) ................................, ............................. (city) ..........................., join in lawful wedlock A.B. and C.D., with their mutual consent, in the presence of E.F. and G.H., witnesses.

                                                                                                                                            ............................

                                                                                                                                                                 Title

 

      3.  All certificates shall be recorded by the county recorder in a book to be kept by him for that purpose. For recording the certificates he shall receive the fees designated in subsection 2 of NRS 122.060. All such fees shall be deposited in the county general fund.

      Sec. 3.  NRS 244.045 is hereby amended to read as follows:

      244.045  Each county commissioner shall receive [such compensation as is fixed by law.] an annual salary in the amount specified in section 1 of this act.

      Sec. 4.  NRS 245.045 is hereby amended to read as follows:

      245.045  [Except as otherwise provided by law, boards] Boards of county commissioners [shall] have authority to fix the salaries of all appointive county officers and employees [.] by the enactment of ordinances or the adoption of resolutions.

      Sec. 5.  NRS 245.050 is hereby amended to read as follows:

      245.050  [Notwithstanding any present law of this state to the contrary, all] All county officers and regular and temporary employees of the counties shall be paid their salaries as fixed by law, ordinance or resolution in two equal semimonthly payments. The first semimonthly payment for each month shall be for the first half of that particular month, and the second semimonthly payment shall be for the last half of the month; but the first half of the monthly salary shall not be paid before the 15th day of that month and the second half thereof before the last day of that month.

      Sec. 6.  NRS 246.030 is hereby amended to read as follows:

      246.030  1.  All county clerks are authorized to appoint deputies, who shall have power to transact all official business appertaining to the office, to the same extent as their principals.

      2.  County clerks shall be responsible [for the compensation of their deputies, and shall be responsible] on their official bonds for all official malfeasance or nonfeasance of the same.


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

ê1969 Statutes of Nevada, Page 1463 (Chapter 672, SB 526)ê

 

malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of deputies by county clerks.

      3.  All appointments of deputies under the provisions of this section shall be in writing, and shall, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the principal legally holds and exercises his office. Revocations of such appointments shall also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.

      Sec. 7.  NRS 246.050 is hereby amended to read as follows:

      246.050  County clerks shall receive [such compensation as is provided by law.] annual salaries in the amounts specified in section 1 of this act.

      Sec. 8.  NRS 246.070 is hereby amended to read as follows:

      246.070  The several county clerks, who are ex officio clerks of the [courts of record,] district courts, and who are or may be authorized and empowered by any act of Congress to take and certify affidavits, applications and proofs for or relating to the location of the public lands of the United States, [are hereby authorized to] may not retain for their own use the fees and compensations allowed for such services [.] but shall deposit the same in the county general fund.

      Sec. 9.  NRS 247.030 is hereby amended to read as follows:

      247.030  County recorders shall receive [such compensation as is provided by law.] annual salaries in the amounts specified in section 1 of this act.

      Sec. 10.  NRS 247.040 is hereby amended to read as follows:

      247.040  1.  All county recorders are authorized to appoint deputies, who shall have power to transact all official business appertaining to the office, to the same extent as their principals.

      2.  County recorders shall be responsible [for the compensation of their deputies, and shall be responsible] on their official bonds for all official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of deputies by county recorders.

      3.  All appointments of deputies under the provisions of this section shall be in writing, and shall, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the county recorder legally holds and exercises his office. Revocations of such appointments shall also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.

      Sec. 11.  NRS 247.060 is hereby amended to read as follows:

      247.060  A county recorder is empowered to take and certify the acknowledgment and proof of all conveyances affecting any real property, or of any other written instrument, for which he shall receive the same fees as are [now] prescribed by law. All such fees shall be deposited in the county general fund.


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

ê1969 Statutes of Nevada, Page 1464 (Chapter 672, SB 526)ê

 

      Sec. 12.  NRS 247.310 is hereby amended to read as follows:

      247.310  1.  Except as otherwise provided by law, county recorders shall charge the following fees for recording certificates of proof of labor on mining claims:

 

For recording any such certificates that embrace therein one claim       ..................................................................................................... $0.50

For each additional mining claim embraced in the certificate    .................................................................................. .25

 

      2.  If any certificate shall contain more than 100 words, an additional fee of 30 cents shall be charged for each 100 words or fractional part thereof in excess of the first 100 words.

      3.  County recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month. [, except fees which may be retained as compensation.]

      Sec. 13.  Chapter 248 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Sheriffs shall receive annual salaries in the amounts specified in section 1 of this act.

      Sec. 14.  NRS 249.010 is hereby amended to read as follows:

      249.010  1.  [County] Except as provided in subsection 3, county treasurers shall be elected by the qualified electors of their respective counties.

      2.  County treasurers shall be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their respective offices on the 1st Monday of January subsequent to their election.

      3.  The county clerks of Churchill, Douglas, Esmeralda, Eureka, Lyon, Mineral, Nye, Pershing and Storey counties are ex officio county treasurers of their respective counties. The clerk of Carson City is the ex officio treasurer of Carson City.

      Sec. 15.  Chapter 249 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      County treasurers shall receive annual salaries in the amounts specified in section 1 of this act.

      Sec. 16.  NRS 250.010 is hereby amended to read as follows:

      250.010  1.  [County] Except as provided in subsection 3, county assessors shall be elected by the qualified electors of their counties.

      2.  County assessors shall be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their offices on the 1st Monday of January subsequent to their election.

      3.  The sheriff of Esmeralda County is the ex officio county assessor of Esmeralda County.

      Sec. 17.  NRS 250.050 is hereby amended to read as follows:

      250.050  County assessors shall receive [the compensation provided by law.] annual salaries in the amounts specified in section 1 of this act.

      Sec. 18.  NRS 250.060 is hereby amended to read as follows:

      250.060  1.  All county assessors are authorized to appoint deputies, who shall have power to transact all official business appertaining to the offices, to the same extent as the county assessors.


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ê1969 Statutes of Nevada, Page 1465 (Chapter 672, SB 526)ê

 

who shall have power to transact all official business appertaining to the offices, to the same extent as the county assessors.

      2.  County assessors shall be responsible [for the compensation of their duties, and shall be responsible] on their official bonds for all official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of deputies by county assessors.

      3.  All appointments of deputies under the provisions of this section shall be in writing, and shall, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the county assessor legally holds and exercises his office. Revocations of such appointments shall also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.

      Sec. 19.  NRS 251.070 is hereby amended to read as follows:

      251.070  1.  County auditors in counties wherein the total vote at the last general election did not exceed 800, and county auditors in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:

                                                                                     Counties            Counties

                                                                                      Polling               Polling

                                                                                    800 Votes          Over 800

                                                                                      or Less               Votes

For filing treasurer’s receipts and issuing licenses, to be paid by the party........................................................   $0.50 $0.25

For all services rendered by him in the discharge of the duties imposed on him by law, other than those specially enumerated, for each folio..............................       .30    .20

For filing and endorsing each paper.....................       .25    .20

 

      2.  County auditors shall receive no fees for filing and endorsing the property schedules rendered them by the county assessors.

      3.  County auditors shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month. [, except fees which may be retained as compensation.]

      4.  The auditor of Carson City shall be allowed the same fees as are allowed county auditors in counties wherein the total vote at the last general election did not exceed 800.

      Sec. 20.  NRS 252.040 is hereby amended to read as follows:

      252.040  [The district attorney shall receive such compensation as is authorized by law.] District attorneys shall receive annual salaries in the amounts specified in section 1 of this act.

      Sec. 21.  NRS 252.070 is hereby amended to read as follows:

      252.070  1.  All district attorneys are authorized to appoint deputies, who shall have power to transact all official business appertaining to the offices, to the same extent as their principals.

      2.  District attorneys shall be responsible [for the compensation of their deputies, and shall be responsible] on their official bonds for all official malfeasance or nonfeasance of the same.


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ê1969 Statutes of Nevada, Page 1466 (Chapter 672, SB 526)ê

 

official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.

      3.  All appointments of deputies under the provisions of this section shall be in writing, and shall, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the district attorney legally holds and exercises his office. Revocations of such appointments shall also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.

      4.  Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his office may require. The compensation of any such person appointed shall be fixed by the board of county commissioners.

      Sec. 22.  Chapter 252 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      District attorneys may engage in the private practice of law.

      Sec. 23.  NRS 253.010 is hereby amended to read as follows:

      253.010  1.  [Public] Except as provided in subsection 3, public administrators shall be elected by the qualified electors of their respective counties.

      2.  Public administrators shall be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the 1st Monday of January subsequent to their election.

      3.  The district attorneys of Lincoln and White Pine counties are ex officio public administrators of Lincoln County and White Pine County, respectively. The recorder of Carson City shall serve as public administrator of Carson City.

      Sec. 24.  NRS 253.050 is hereby amended to read as follows:

      253.050  1.  For the administration of the estates of deceased persons, public administrators shall be paid as other administrators or executors are paid. The district attorneys of Lincoln and White Pine counties as ex officio public administrators and the recorder of Carson City serving as public administrator of Carson City may retain all fees provided by law received by them as public administrators.

      2.  The public administrator may be compensated by the court for services performed in preserving the personal property of an estate of a deceased person prior to the appointment of an administrator.

      Sec. 25.  NRS 281.010 is hereby amended to read as follows:

      281.010  1.  The following officers shall be elected:

      (a) A governor.

      (b) A lieutenant governor.

      (c) Two United States Senators.

      (d) The number of members of the House of Representatives of the United States to which this state may be entitled.

      (e) The number of presidential electors to which this state may be entitled.

      (f) Five justices of the supreme court.


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ê1969 Statutes of Nevada, Page 1467 (Chapter 672, SB 526)ê

 

      (g) District judges, as provided in NRS 3.010.

      (h) Senators and members of the assembly.

      (i) A secretary of state.

      (j) A state treasurer.

      (k) A state controller.

      (l) An attorney general.

      (m) An inspector of mines.

      (n) Other officers whose elections are provided for by law.

      (o) For each county, and the equivalent officers for Carson City:

             (1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.

             (2) One sheriff.

             (3) One district attorney.

             (4) One public administrator, except where otherwise provided by law.

             (5) One county assessor [.] , except where otherwise provided by law.

             (6) One county treasurer [.] , except where otherwise provided by law.

             (7) One county surveyor.

             (8) The number of county commissioners as provided by law.

             (9) One county recorder, who shall be ex officio county auditor in counties having a population of less than 80,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

             (10) Justices of the peace.

             (11) Constables, except where otherwise provided by law.

      2.  The following officers shall be appointed:

      (a) Notaries public.

      (b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.

      (c) All officers who are not elected.

      Sec. 26.  NRS 364.020 is hereby amended to read as follows:

      364.020  The sheriff, as ex officio license collector, shall [receive, and is hereby authorized to retain (except when he is required to turn the same in to the county treasury for county purposes), as compensation for the collection of licenses, 6 percent of the gross amount on each business license sold.] deposit the gross amount on each business license sold in the county general fund.

      Sec. 27.  Section 2.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 2.010  Board of supervisors: Qualifications; election; term of office; salary.

      1.  The legislative power of Carson City is vested in a board of supervisors consisting of five supervisors, including the mayor.

      2.  The mayor shall be:

      (a) An actual and bona fide resident of Carson City for at least 6 months prior to his election.

      (b) A registered voter within Carson City and a taxpayer on real property located within Carson City.

      3.  Each supervisor shall be:


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ê1969 Statutes of Nevada, Page 1468 (Chapter 672, SB 526)ê

 

      (a) An actual and bona fide resident of Carson City for at least 6 months prior to his election.

      (b) A registered voter within the ward which he represents and a taxpayer on real property located within Carson City.

      (c) A resident of the ward which he represents, except that changes effected in ward boundaries pursuant to the provisions of section 1.060 shall not affect the right of any elected supervisor to continue in office for the term for which he was elected.

      4.  All supervisors, including the mayor, shall be voted upon by the registered voters of Carson City at large and shall serve for terms of 4 years.

      5.  The supervisors, [except the mayor, shall receive a salary of $3,000 per year.] including the mayor, shall receive annual salaries in the amount specified in section 1 of this act.

      Sec. 28.  Section 3.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 3.010  Mayor: Duties.

      1.  The mayor shall:

      (a) Serve as a member of the board and preside over its meetings.

      (b) Be recognized as the head of the Carson City government for all ceremonial purposes and by the governor for purposes of military law.

      (c) Perform such emergency duties as may be necessary for the general health, welfare and safety of Carson City.

      (d) Perform such other duties as may be prescribed by ordinance or by provisions of Nevada Revised Statutes which apply to a mayor or to the chairman of a board of county commissioners.

      2.  The mayor shall receive [a salary of $3,600 per year.] an annual salary as provided in section 2.010.

      Sec. 29.  Section 3.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 3.030  Clerk: Duties; salary.

      1.  The provisions of chapter 246 of NRS apply to the office of clerk.

      2.  The clerk shall:

      (a) Keep the corporate seal and all books and papers belonging to Carson City.

      (b) Attend all meetings of the board and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the board, the clerk shall attest the journal after it has been signed by the mayor.

      (c) Sign all warrants issued.

      (d) Number and countersign all licenses issued by Carson City. All licenses shall be in a form devised by the clerk and approved by the board.

      (e) Establish, with the approval of the board, such bookkeeping controls and accounting systems as are necessary to carry out effectively the duties of his office. He shall keep an accurate account of all warrants and orders in such manner that the board can, at any time, ascertain the actual outstanding indebtedness of Carson City.

      (f) Enter upon the journal the result of the vote of the board upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.


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ê1969 Statutes of Nevada, Page 1469 (Chapter 672, SB 526)ê

 

the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.

      (g) Act as ex officio treasurer. The provisions of chapter 249 of NRS shall apply to the clerk while acting in such capacity.

      (h) Perform such other duties as may be required by the board, or by provisions of Nevada Revised Statutes which apply to a county clerk.

      3.  The clerk shall receive [a salary of $13,200 per year.] an annual salary in the amount specified in section 1 of this act.

      Sec. 30.  Section 3.040 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 3.040  Recorder and auditor: Duties; salary.

      1.  The provisions of chapter 247 of NRS apply to the recorder and auditor.

      2.  Such official shall:

      (a) Serve as public administrator without additional salary but shall be entitled to any fees provided by law for the public administrator. The provisions of chapter 253 of NRS apply to the office of recorder and auditor while performing the duties of public administrator.

      (b) Extend the taxes on the assessment roll without any additional compensation.

      (c) Perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county recorders or auditors.

      3.  No fees may be charged by the recorder and auditor except as provided by law and all such fees are payable in advance, if demanded. If such official does not receive the fees payable to him for services rendered by him, he may have execution therefor in his own name against the person from whom they are due, to be issued from the court, upon the order of the judge or court upon affidavit filed.

      4.  The recorder and auditor is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise and upon approval of the board of supervisors, subject to the following conditions:

      (a) That the mechanical device shall be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.

      (b) That the use of the facsimile signature shall be made only under the direction and supervision of the officer whose signature it represents.

      (c) That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the same.

      (d) That no facsimile signature produced through a mechanical device authorized by the provisions of this section shall be combined with the signature of another officer.

      5.  The recorder and auditor shall receive [a salary of $13,200 per year.] an annual salary in the amount specified in section 1 of this act.

      Sec. 31.  Section 3.050 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 3.050  Assessor: Duties; salary.

      1.  The provisions of chapter 250 of NRS apply to the office of assessor.


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ê1969 Statutes of Nevada, Page 1470 (Chapter 672, SB 526)ê

 

      2.  The assessor shall perform such other duties as may be imposed by the board, or by provisions of Nevada Revised Statutes which apply to county assessors.

      3.  The assessor shall receive [a salary of $13,200 per year.] an annual salary in the amount specified in section 1 of this act.

      Sec. 32.  Section 3.060 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 3.060  Sheriff: Duties; salary.

      1.  The provisions of chapter 248 of NRS apply to the office of sheriff.

      2.  The sheriff shall:

      (a) Diligently enforce all ordinances of Carson City.

      (b) Collect all amounts due on delinquent licenses and pay the amount collected to the treasurer.

      (c) Perform such other duties as may be imposed by the board, or by provisions of Nevada Revised Statutes which apply to county sheriffs.

      3.  The sheriff shall not be answerable upon his official bond for the conduct of deputies appointed under the provisions of this charter, but the board may require of such deputies such bonds as it may deem proper.

      4.  The sheriff shall receive [a salary of $13,200 per year.] an annual salary in the amount specified in section 1 of this act.

      Sec. 33.  Section 3.070 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 3.070  District attorney: Duties; salary.

      1.  The provisions of chapter 252 of NRS apply to the office of district attorney for Carson City.

      2.  The district attorney shall perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county district attorneys.

      3.  The district attorney shall receive [a salary of $13,800 per year.] an annual salary in the amount specified in section 1 of this act.

      Sec. 34.  NRS 245.060 is hereby amended to read as follows:

      245.060  1.  When any county or township officer or any employee of the county shall be entitled to receive his necessary traveling expenses for the transaction of public business, such expenses shall include actual living expenses, [computed as provided in NRS 281.160,] but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance. Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedules or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed 10 cents per mile so traveled.

      2.  All claims for traveling expenses and subsistence allowances shall be approved by the board of county commissioners before payment.

      Sec. 35.  NRS 244.257 is hereby repealed.

      Sec. 36.  The following acts and all acts amendatory thereof are hereby expressly repealed:


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ê1969 Statutes of Nevada, Page 1471 (Chapter 672, SB 526)ê

 

      1.  Chapter 183, Statutes of Nevada 1953, at page 213, entitled “An Act fixing the salaries of and providing for the reimbursement for travel of certain officers of Douglas County, Nevada; providing that the board of county commissioners shall fix the salaries of certain deputies and clerical employees of the county; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto,” approved March 21, 1953.

      2.  Chapter 205, Statutes of Nevada 1957, at page 295, 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.

      3.  Chapter 95, Statutes of Nevada 1953, at page 91, 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.

      4.  Chapter 439, Statutes of Nevada 1959, at page 774, 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.

      5.  Chapter 423, Statutes of Nevada 1965, at page 1143, entitled “An Act fixing 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,” approved April 13, 1965.

      6.  Chapter 396, Statutes of Nevada 1963, at page 981, entitled “An Act fixing minimum and maximum salary limitations for the elected county officers of Ormsby County, Nevada; providing for the appointment and salaries of clerks and deputies of officers of such county; repealing chapter 376, Statutes of Nevada 1957, as amended; and providing other matters properly relating thereto,” approved April 19, 1963.

      7.  Chapter 309, Statutes of Nevada 1963, at page 569, 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.

      8.  Chapter 75, Statutes of Nevada 1957, at page 107, 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.

      9.  Chapter 392, Statutes of Nevada 1965, at page 1019, entitled “An Act fixing 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,” approved April 13, 1965.


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ê1969 Statutes of Nevada, Page 1472 (Chapter 672, SB 526)ê

 

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.

      Sec. 37.  This act shall become effective on January 4, 1971.

 

________

 

 

CHAPTER 673, SB 550

Senate Bill No. 550–Committee on Federal, State and Local Governments

CHAPTER 673

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 29, 1969]

 

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

do enact as follows:

 

      Section 1.  Section 2.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 2.010  Board of supervisors: Qualifications; election; term of office; salary.

      1.  The legislative power of Carson City is vested in a board of supervisors consisting of five supervisors, including the mayor.

      2.  The mayor shall be:

      (a) An actual and bona fide resident of Carson City for at least 6 months prior to his election.

      (b) A registered voter within Carson City and a taxpayer on real property located within Carson City.

      3.  Each supervisor shall be:

      (a) An actual and bona fide resident of Carson City for at least 6 months prior to his election.

      (b) A registered voter within the ward which he represents and a taxpayer on real property located within Carson City.

      (c) A resident of the ward which he represents, except that changes effected in ward boundaries pursuant to the provisions of section 1.060 shall not affect the right of any elected supervisor to continue in office for the term for which he was elected.

      4.  All supervisors, including the mayor, shall be voted upon by the registered voters of Carson City at large and shall serve for terms of 4 years.

      5.  The supervisors, excluding the mayor, [are each entitled to] shall receive [an initial] a salary of $3,000 per year. [The board of supervisors may set the annual salary of the supervisors by ordinance at not less than $2,400 nor more than $3,000.]

      Sec. 2.  Section 3.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 3.010  Mayor: Duties.

      1.  The mayor shall:


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ê1969 Statutes of Nevada, Page 1473 (Chapter 673, SB 550)ê

 

      (a) Serve as a member of the board and preside over its meetings.

      (b) Be recognized as the head of the Carson City government for all ceremonial purposes and by the governor for purposes of military law.

      (c) Perform such emergency duties as may be necessary for the general health, welfare and safety of Carson City.

      (d) Perform such other duties as may be prescribed by ordinance or by provisions of Nevada Revised Statutes which apply to a mayor or to the chairman of a board of county commissioners.

      2.  The mayor [is entitled to] shall receive [an initial] a salary of $3,600 per year. [The board of supervisors may set the annual salary of the mayor by ordinance at not less than $3,000 nor more than $3,600.]

      Sec. 3.  Section 3.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 3.030  Clerk: Duties; salary.

      1.  The provisions of chapter 246 of NRS apply to the office of clerk.

      2.  The clerk shall:

      (a) Keep the corporate seal and all books and papers belonging to Carson City.

      (b) Attend all meetings of the board and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the board, the clerk shall attest the journal after it has been signed by the mayor.

      (c) Sign all warrants issued.

      (d) Number and countersign all licenses issued by Carson City. All licenses shall be in a form devised by the clerk and approved by the board.

      (e) Establish, with the approval of the board, such bookkeeping controls and accounting systems as are necessary to carry out effectively the duties of his office. He shall keep an accurate account of all warrants and orders in such manner that the board can, at any time, ascertain the actual outstanding indebtedness of Carson City.

      (f) Enter upon the journal the result of the vote of the board upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.

      (g) Act as ex officio treasurer. The provisions of chapter 249 of NRS shall apply to the clerk while acting in such capacity.

      (h) Perform such other duties as may be required by the board, or by provisions of Nevada Revised Statutes which apply to a county clerk.

      3.  The clerk [is entitled to] shall receive [an initial] a salary of $13,200 per year. [The board of supervisors may set the annual salary of the clerk by ordinance at not less than $10,500 nor more than $15,500.]

      Sec. 4.  Section 3.040 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 3.040  Recorder and auditor: Duties; salary.

      1.  The provisions of chapter 247 of NRS apply to the recorder and auditor.

      2.  Such official shall:

      (a) Serve as public administrator without additional salary but shall be entitled to any fees provided by law for the public administrator. The provisions of chapter 253 of NRS apply to the office of recorder and auditor while performing the duties of public administrator.


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

ê1969 Statutes of Nevada, Page 1474 (Chapter 673, SB 550)ê

 

provisions of chapter 253 of NRS apply to the office of recorder and auditor while performing the duties of public administrator.

      (b) Extend the taxes on the assessment roll without any additional compensation.

      (c) Perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county recorders or auditors.

      3.  No fees may be charged by the recorder and auditor except as provided by law and all such fees are payable in advance, if demanded. If such official does not receive the fees payable to him for services rendered by him, he may have execution therefor in his own name against the person from whom they are due, to be issued from the court, upon the order of the judge or court upon affidavit filed.

      4.  The recorder and auditor is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise and upon approval of the board of supervisors, subject to the following conditions:

      (a) That the mechanical device shall be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.

      (b) That the use of the facsimile signature shall be made only under the direction and supervision of the officer whose signature it represents.

      (c) That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the same.

      (d) That no facsimile signature produced through a mechanical device authorized by the provisions of this section shall be combined with the signature of another officer.

      5.  The recorder and auditor [is entitled to] shall receive [an initial] a salary of $13,200 per year. [The board of supervisors may set the annual salary of the recorder and auditor by ordinance at not less than $10,000 nor more than $15,500.]

      Sec. 5.  Section 3.050 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 3.050  Assessor: Duties; salary.

      1.  The provisions of chapter 250 of NRS apply to the office of assessor.

      2.  The assessor shall perform such other duties as may be imposed by the board, or by provisions of Nevada Revised Statutes which apply to county assessors.

      3.  The assessor [is entitled to] shall receive [an initial] a salary of $13,200 per year. [The board of supervisors may set the annual salary of the assessor by ordinance at not less than $10,500 nor more than $15,500.]

      Sec. 6.  Section 3.060 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 3.060  Sheriff: Duties; salary.

      1.  The provisions of chapter 248 of NRS apply to the office of sheriff.

      2.  The sheriff shall:

      (a) Diligently enforce all ordinances of Carson City.


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

ê1969 Statutes of Nevada, Page 1475 (Chapter 673, SB 550)ê

 

      (b) Collect all amounts due on delinquent licenses and pay the amount collected to the treasurer.

      (c) Perform such other duties as may be imposed by the board, or by provisions of Nevada Revised Statutes which apply to county sheriffs.

      3.  The sheriff shall not be answerable upon his official bond for the conduct of deputies appointed under the provisions of this charter, but the board may require of such deputies such bonds as it may deem proper.

      4.  The sheriff [is entitled to] shall receive [an initial] a salary of $13,200 per year. [The board of supervisors may set the annual salary of the sheriff by ordinance at not less than $10,500 nor more than $15,500.]

      Sec. 7.  Section 3.070 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:

      Section 3.070  District attorney: Duties; salary.

      1.  The provisions of chapter 252 of NRS apply to the office of district attorney for Carson City.

      2.  The district attorney shall perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county district attorneys.

      3.  The district attorney [is entitled to] shall receive [an initial] a salary of $13,800 per year. [The board of supervisors may set the annual salary of the district attorney by ordinance at not less than $10,500 nor more than $15,500.]

      Sec. 8.  This act shall become effective at 12:03 a.m. on July 1, 1969, and shall expire by limitation at 12 p.m. on January 3, 1971.

 

________

 

 

CHAPTER 674, AB 804

Assembly Bill No. 804–Committee on Judiciary

CHAPTER 674

AN ACT relating to public defenders; requiring the creation of the office of public defender in counties having a population of 75,000 or more; and providing other matters properly relating thereto.

 

[Approved April 29, 1969]

 

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

do enact as follows:

 

      Section 1.  NRS 260.010 is hereby amended to read as follows:

      260.010  1.  [The] In counties having a population of 75,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the boards of county commissioners shall create by ordinance the office of public defender. In counties having a population of less than 75,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, boards of county commissioners shall have the power and jurisdiction in their respective counties to create by ordinance the office of public defender.


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ê1969 Statutes of Nevada, Page 1476 (Chapter 674, AB 804)ê

 

      2.  The office of public defender when created shall be filled by appointment by the board of county commissioners.

      3.  The public defender shall serve at the pleasure of the board of county commissioners.

 

________

 

 

CHAPTER 675, AB 271

Assembly Bill No. 271–Committee on Transportation

CHAPTER 675

AN ACT relating to traffic laws; defining certain terms; establishing traffic controls; requiring certain accident reports; prohibiting intoxicated, reckless and other types of driving; permitting emergency vehicles; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 4, 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 191, inclusive, of this act.

      Sec. 2.  As used in chapter 484, unless the context otherwise requires, the words and terms defined in sections 3 to 74, inclusive, of this act have the meaning ascribed to them in such sections.

      Sec. 3.  “Alley” means a highway:

      1.  Within a city block set apart for public use, vehicular traffic and local convenience.

      2.  Which primarily services access to the rear entrance of abutting property.

      3.  Designed for the special accommodation of abutting property, but not a cul-de-sac.

      Sec. 4.  “Authorized emergency vehicle” means a vehicle permitted to depart from certain traffic laws when equipped and operated in the manner provided by law.

      Sec. 5.  “Bicycle” means a device propelled by human power upon which a person may ride, having two tandem wheels either of which is over 14 inches in diameter, or every such device generally recognized as a bicycle though equipped wth two front or two rear wheels.

      Sec. 6.  “Bus” means a vehicle owned by the state, a political subdivision or a private school or nursery, designed for carrying more than 10 passengers and used for the transportation of persons, or a vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

      Sec. 7.  “Bus stand” means a fixed area in or adjacent to the highway to be occupied exclusively by buses for layover and operating schedules or in receiving or discharging passengers.

      Sec. 8.  “Business district” means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.


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ê1969 Statutes of Nevada, Page 1477 (Chapter 675, AB 271)ê

 

      Sec. 9.  “Center” or “centerline” means a continuous or broken line marked upon the surface of a highway by paint or otherwise to indicate each portion of a highway allocated to traffic proceeding in the two opposite directions, and, if a line is not marked, it is an imaginary line in the highway equally distant from the edges or curbs of the highway.

      Sec. 10.  “Central business district” means all highways within the area described as such by an ordinance of an incorporated city.

      Sec. 11.  “City” means any incorporated city or town, whether incorporated under general or special law.

      Sec. 12.  “Combination of vehicles” means two or more vehicles coupled together.

      Sec. 13.  “Commercial vehicle” means every vehicle designed, maintained or used primarily for the transportation of property.

      Sec. 14.  “Common carrier” means every common carrier of passengers operating between fixed termini, over regular routes and on fixed schedules.

      Sec. 15.  “Controlled-access highway” means every highway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in such manner as may be determined by a public authority.

      Sec. 16.  “Crosswalk” means:

      1.  That part of a highway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traveled portions of highways; or

      2.  Any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

      Sec. 17.  “Curb loading zone” means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

      Sec. 18.  “Department of highways” means the department of highways of the State of Nevada.

      Sec. 19.  “Double parking” or “double standing” or “double stopping” means the parking, standing or stopping of a vehicle upon the highway side of another vehicle parking, standing or stopping, but not illegally within or adjacent to an open parking space.

      Sec. 20.  “Driver” means every person who drives or is in actual physical control of a vehicle.

      Sec. 21.  “Explosives” means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

      Sec. 22.  “Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.


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ê1969 Statutes of Nevada, Page 1478 (Chapter 675, AB 271)ê

 

      Sec. 23.  “Flammable liquid” means any liquid which has a flash point of 70° F., or less, as determined by a tagliabue or equivalent closed-cup test device.

      Sec. 24.  “Freight curb loading zone” means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.

      Sec. 25.  “Highway” means the entire width between the boundary lines of every way maintained by a public authority when any part of such way is open to the use of the public for purposes of vehicular traffic.

      Sec. 26.  “House coach” means a motor vehicle which is designed, constructed and equipped as a dwelling place or living abode, either permanently or temporarily.

      Sec. 27.  “House trailer” means:

      1.  A trailer or a semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on a highway; or

      2.  A trailer or semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subsection 1, but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.

      Sec. 28.  “Intersection” means:

      1.  The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

      2.  Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.

      3.  The junction of an alley with a street, road or highway shall not constitute an intersection.

      Sec. 29.  “Laned highway” means a highway which is divided into two or more clearly marked lanes for vehicular traffic.

      Sec. 30.  “License to drive a motor vehicle” means any license or permit to drive a motor vehicle issued under the laws of this state, including:

      1.  Any temporary license or instruction permit.

      2.  The privilege of any person to drive a motor vehicle whether or not such person holds a valid license.

      3.  Any nonresident’s driving privilege.

      Sec. 31.  “Local authority” means the governing board of a county, city or other political subdivision having authority to enact laws or ordinances or promulgate regulations relating to traffic over a highway.


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ê1969 Statutes of Nevada, Page 1479 (Chapter 675, AB 271)ê

 

      Sec. 32.  “Motor vehicle” means every vehicle which is self-propelled but not operated upon rails.

      Sec. 33.  “Motorcycle” means every motor vehicle equipped with a seat or a saddle for the use of the driver and propelled by a motor or engine of more than 70 cc. displacement which produces more than 6 1/2 horsepower, and is designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

      Sec. 34.  “Nonresident” means every person who is not a resident of this state.

      Sec. 35.  “Nonresident’s driving privilege” means the privilege conferred upon a nonresident by the laws of this state pertaining to the driving by such person of a motor vehicle, or the use of a vehicle owned by such person, in this state.

      Sec. 36.  “Official traffic-control device” means every sign, signal, marking and device not inconsistent with this chapter or prohibited by law, placed or erected by a public authority for the purpose of regulating, warning or guiding traffic.

      Sec. 37.  “Owner” means a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.

      Sec. 38.  “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of merchandise or passengers.

      Sec. 39.  “Parking meter” means a mechanical timing device authorized by an ordinance of a municipality to be used for the purpose of regulating parking.

      Sec. 40.  “Passenger curb loading zone” means an area adjacent to a curb or edge of a highway reserved for the exclusive use of vehicles during the loading or unloading of passengers.

      Sec. 41.  (Deleted by amendment.)

      Sec. 42.  “Pedestrian” means any person afoot.

      Sec. 43.  “Person” means every natural person, firm, copartnership, association or corporation.

      Sec. 44.  “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic laws, ordinances or regulations.

      Sec. 45.  “Power cycle” means every motor vehicle equipped with a seat or saddle for the use of the driver and propelled by a motor or engine of 70 cc. displacement or less which produces not to exceed 6 1/2 horsepower at the rear wheel under full throttle, without a governor or other restriction on the intake or exhaust passages, and designed to travel on not more than three wheels in contact with the ground.

      Sec. 46.  “Private way” or “driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

      Sec. 47.  “Public authority” means the department of highways or the local authority having jurisdiction to enact laws or ordinances or promulgate regulations relating to traffic over a highway.


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ê1969 Statutes of Nevada, Page 1480 (Chapter 675, AB 271)ê

 

local authority having jurisdiction to enact laws or ordinances or promulgate regulations relating to traffic over a highway.

      Sec. 48.  (Deleted by amendment.)

      Sec. 49.  “Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.

      Sec. 50.  “Railroad sign” or “railroad signal” means any sign, signal or device erected by a public authority or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

      Sec. 51.  “Railroad train” means a steam, electric or other motor engine, with or without cars coupled thereto, operated upon stationary rails, except streetcars.

      Sec. 52.  “Residence district” means the territory contiguous to a highway not comprising a business district when the frontage on such for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for residence.

      Sec. 53.  “Revocation of driver’s license” means the termination by formal action of the department of motor vehicles of a person’s license to drive a motor vehicle.

      Sec. 54.  “Right of way” means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

      Sec. 55.  “Road” means the entire width between the boundary lines of every highway outside the territorial limits of a city and open to the use of the public for purposes of vehicular traffic.

      Sec. 56.  “Safety zone” means the area officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.

      Sec. 57.  “School bus” means every motor vehicle owned by or under the control of a public or governmental agency or a private school and regularly operated for the transportation of children to or from school or a school activity or privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity. “School bus” does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the Interstate Commerce Commission or the public service commission of Nevada when such vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.

      Sec. 57.3.  “Security agreement” means a written agreement which reserves or creates a security interest.

      Sec. 57.7.  “Security interest” means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. The term includes the interest of a lessor under a lease intended as security. A security interest is perfected when it is valid against third parties generally, subject only to specific statutory exceptions.

      Sec. 58.  “Semitrailer” means every vehicle so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, except a pole trailer.


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ê1969 Statutes of Nevada, Page 1481 (Chapter 675, AB 271)ê

 

conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, except a pole trailer.

      Sec. 59.  “Sidewalk” means that portion of a highway between the curb lines or the lateral lines of a highway and the adjacent property lines intended for the use of pedestrians.

      Sec. 60.  “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.

      Sec. 61.  “Stop,” when required, means complete cessation from movement.

      Sec. 62.  “Stop” or “stopping” means, when prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.

      Sec. 63.  “Street” means the entire width between the boundary lines of every highway inside the territorial limits of a city when any part of such highway is open to the use of the public for purposes of vehicular traffic.

      Sec. 64.  “Taxicab” means a motor vehicle designed or constructed to accommodate and transport not more than six passengers, including the driver, and used to transport passengers for a charge or fee.

      Sec. 65.  “Taxicab stand” means a fixed area in a highway parallel and adjacent to the curb or edge of the highway and set aside for taxicabs to stand for passengers.

      Sec. 66.  “Through highway” means every highway or portion thereof on which vehicular traffic is given the right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right of way to vehicles on such through highway in obedience to either an authorized stop sign or a yield sign, or other official traffic-control device.

      Sec. 67.  “Tow car” means a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, hoist, tow bar, towline or dolly, or is otherwise exclusively used to render assistance to other vehicles.

      Sec. 68.  “Traffic” means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together using any highway for purposes of travel.

      Sec. 69.  “Traffic-control signal” means any official traffic-control device, whether manually, electrically or mechanically operated, placed or erected by a public authority, by which traffic is alternately directed to stop or proceed.

      Sec. 70.  “Trailer” means every vehicle designed to be drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle, except a pole trailer.

      Sec. 70.5.  “Traveled portion of highway” means that portion of a highway improved, designed or ordinarily used for vehicular traffic, exclusive of the berm or shoulder.

      Sec. 71.  “Truck” means every motor vehicle which is used for the transportation or delivery of goods with a body built and designed for that purpose.


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ê1969 Statutes of Nevada, Page 1482 (Chapter 675, AB 271)ê

 

      Sec. 72.  (Deleted by amendment.)

      Sec. 73.  “Two-directional highway” means a highway upon which vehicles are allowed to proceed in opposite directions.

      Sec. 74.  “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails.

      Sec. 75.  The purposes of this chapter are to:

      1.  Establish traffic laws which are uniform throughout the State of Nevada, whether or not incorporated into local ordinances.

      2.  Minimize the differences between the traffic laws of the State of Nevada and those of other states.

      Sec. 76.  (Deleted by amendment.)

      Sec. 77.  1.  The provisions of this chapter are applicable and uniform throughout this state on all highways to which the public has a right of access or to which persons have access as invitees or licensees.

      2.  Unless otherwise provided, any local authority may enact by ordinance traffic regulations which cover the same subject matter as the various sections of this chapter if the provisions of such ordinance are not in conflict with this chapter.

      3.  A local authority shall not enact an ordinance:

      (a) Governing the driving of vehicles while under the influence of intoxicating liquor or drugs;

      (b) Governing the registration of vehicles and the licensing of drivers;

      (c) Governing the duties and obligations of persons involved in traffic accidents; or

      (d) Providing a penalty for an offense for which the penalty prescribed by this chapter is greater than that imposed for a misdemeanor.

      4.  No person convicted or adjudged guilty of a violation of a traffic ordinance shall be charged or tried in any other court in this state for the same offense.

      Sec. 78.  It is unlawful for any person willfully to fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.

      Sec. 79.  Every person riding an animal or driving any animal-drawn vehicle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, except those provisions which by their nature can have no application.

      Sec. 80.  Unless specifically made applicable, the provisions of this chapter, except those relating to driving under the influence of drugs or intoxicating liquor as provided in section 94 of this act, shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.

      Sec. 81.  1.  The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 83 of this act.

      2.  Every such stop shall be made without obstructing traffic more than is necessary.


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ê1969 Statutes of Nevada, Page 1483 (Chapter 675, AB 271)ê

 

      3.  Any person failing to comply with the provisions of subsection 1 is guilty of a felony.

      Sec. 82.  1.  The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of section 83 of this act.

      2.  Every such stop shall be made without obstructing traffic more than is necessary.

      Sec. 83.  1.  The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall:

      (a) Give his name, address and the registration number of the vehicle he is driving, and shall upon request and if available exhibit his license to operate a motor vehicle to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident; and

      (b) Give such information and upon request manually surrender such license to any police officer at the scene of the accident or who is investigating the accident; and

      (c) Render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.

      2.  If no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection 1 and section 81 of this act, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of a police authority or of the Nevada highway patrol and submit thereto the information specified in subsection 1.

      Sec. 84.  The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or shall attach securely in a conspicuous place in or on such vehicle or property a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.

      Sec. 85.  1.  The driver of a vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately by the quickest means of communication give notice of such accident to the nearest office of a police authority or of the Nevada highway patrol.

      2.  Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection 1 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.


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ê1969 Statutes of Nevada, Page 1484 (Chapter 675, AB 271)ê

 

      Sec. 86.  1.  The driver of a vehicle which is in any manner involved in an accident, resulting in bodily injury to or death of any person or total damage to any vehicle or item of property to an apparent extent of $250 or more, shall, within 10 days after such accident, forward a written report of such accident to the department of motor vehicles.

      2.  The department may require any driver of a vehicle involved in an accident of which written report must be made as provided in this section to file supplemental written reports whenever the original report is insufficient in the opinion of the department.

      3.  A written accident report is not required under this chapter from any person who is physically incapable of making a report, during the period of such incapacity.

      4.  Whenever the driver is physically incapable of making a written report of an accident as required in this section and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within 10 days after knowledge of the accident make such report not made by the driver.

      5.  All written reports required in this section to be forwarded to the department by drivers or owners of vehicles involved in accidents shall be without prejudice to the individual so reporting and shall be for the confidential use of the department or other state agencies having use of the records for accident prevention purposes, except that the department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident.

      6.  No written reports forwarded under the provisions of this section shall be used as evidence in any trial, civil or criminal, arising out of an accident except that the department shall furnish upon demand of any party to such trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law, and, if such report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers. The reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of section 87 of this act.

      Sec. 87.  Any person who gives information in oral or written reports as required in this chapter, knowing or having reason to believe that such information is false, is guilty of a gross misdemeanor.

      Sec. 88.  The state registrar of vital statistics shall on or before the 10th day of each month report in writing to the department of motor vehicles the death of any person resulting from a vehicle accident, giving the time and place of accident and the circumstances relating thereto.

      Sec. 89.  The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident of which written report must be made by the driver or owner thereof as provided in section 86 of this act, shall report to the local police department if such garage or shop is located within a city, otherwise to the office of the county sheriff or the nearest office of the Nevada highway patrol, within 24 hours after such motor vehicle is received by the garage or repair shop, giving the serial number, registration number and the name and address of the owner or operator of such vehicle.


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

ê1969 Statutes of Nevada, Page 1485 (Chapter 675, AB 271)ê

 

vehicle. The provisions of this section shall not apply where the local authority having jurisdiction has enacted an ordinance in substantial compliance with this section.

      Sec. 90.  1.  Every police officer who investigates a vehicle accident of which report must be made as required in this chapter, or who otherwise prepares a written report as a result of an investigation either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses, shall forward a written report of such accident to the department of motor vehicles within 10 days after his investigation of the accident.

      2.  Such written reports required to be forwarded by police officers and the information contained therein shall not be privileged or held confidential.

      3.  Every sheriff, chief of police or office of the Nevada highway patrol receiving any report required under sections 83 to 89, inclusive, of this act shall immediately prepare a copy thereof and forthwith file such copy with the department.

      Sec. 91.  1.  The department of motor vehicles shall prepare and upon request supply to police departments, sheriffs and other appropriate agencies or individuals forms for written accident reports as required in this chapter, suitable with respect to the persons required to make such reports and the purposes to be served. The written reports shall call for sufficiently detailed information to disclose with reference to a vehicle accident the cause, conditions then existing and the persons and vehicles involved.

      2.  Every accident report required to be made in writing shall be made on the appropriate form approved by the department and shall contain all the information required therein unless not available.

      Sec. 92.  The department of motor vehicles shall tabulate and analyze all accident reports received in compliance with this chapter and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of vehicle accidents.

      Sec. 93.  (Deleted by amendment.)

      Sec. 94.  1.  It is unlawful for any person who is under the influence of intoxicating liquor to drive or be in actual physical control of a vehicle within this state.

      2.  It is unlawful for any person who is an habitual user of or under the influence of any narcotic drug as defined in NRS 453.020, dangerous drug as defined in NRS 454.220 or hallucinogenic drug as defined in NRS 454.460, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders him incapable of safely driving or steering a vehicle to drive or steer a vehicle within this state. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this subsection.

      3.  Any person who violates the provisions of this section is guilty of a misdemeanor and such person’s license to operate a vehicle in this state may, by the decision of the court, be suspended by the department of motor vehicles for a period of not less than 30 days nor more than 1 year.


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ê1969 Statutes of Nevada, Page 1486 (Chapter 675, AB 271)ê

 

motor vehicles for a period of not less than 30 days nor more than 1 year.

      4.  Upon a subsequent conviction within 3 years for an offense under the provisions of this section, the person so convicted shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the county jail for not less than 10 days nor more than 6 months or by both such fine and imprisonment. His license to operate a vehicle in this state shall be revoked for 2 years by the department of motor vehicles.

      5.  No judge or justice of the peace in imposing sentences provided for in this section shall suspend the same or any part thereof.

      Sec. 95.  1.  In any criminal prosecution for a violation of section 94 of this act relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant’s blood at the time alleged as shown by chemical analysis of the defendant’s blood, urine, breath or other bodily substance shall give rise to the following presumptions:

      (a) If there was at that time 0.05 percent or less by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor.

      (b) If there was at that time in excess of 0.05 percent but less than 0.15 percent by weight of alcohol in the defendant’s blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

      (c) If there was at that time 0.15 percent or more by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.

      2.  The provisions of subsection 1 shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.

      Sec. 96.  It is unlawful for any person to drive any vehicle in willful or wanton disregard of the safety of persons or property. A violation of this section constitutes reckless driving.

      Sec. 97.  (Deleted by amendment.)

      Sec. 98.  It is unlawful for any person to drive or operate a vehicle of any kind or character at:

      1.  A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway; or

      2.  Such a rate of speed as to endanger the life, limb or property of any person; or

      3.  A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.

      Sec. 99.  A school bus shall not exceed a speed of 50 miles per hour when transporting pupils to and from school or a school activity.

      Sec. 100.  Whenever the word “sign,” “signal,” “marking” or “device” is used in this chapter with reference to an official traffic-control device regulating, warning or guiding traffic, it shall be presumed that such device was properly erected or placed by a public authority.

      Sec. 101.  1.  Except as provided in subsection 2 and pursuant to the power granted in NRS 269.185, the town board or board of county commissioners may, by ordinance, limit the speed of motor vehicles in any unincorporated town or city in the county as may be deemed proper.


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ê1969 Statutes of Nevada, Page 1487 (Chapter 675, AB 271)ê

 

power granted in NRS 269.185, the town board or board of county commissioners may, by ordinance, limit the speed of motor vehicles in any unincorporated town or city in the county as may be deemed proper.

      2.  The department of highways may establish the speed limits for motor vehicles on highways within the boundaries of any unincorporated town or city when such highways were constructed and maintained under the authority granted by chapter 408 of NRS.

      Sec. 102.  1.  The department of highways is authorized to prescribe speed zones, and to install appropriate speed signs controlling vehicular traffic on the state highway system as established in chapter 408 of NRS through hazardous areas, after necessary studies have been made to determine the need therefor, and to eliminate speed zones and remove the signs therefrom whenever the need therefor ceases to exist.

      2.  After the establishment of a speed zone and the installation of appropriate speed control signs, it is unlawful for any person to drive a motor vehicle upon the road and in such speed zone in excess of the speed therein authorized.

      3.  The department shall cause to be displayed, in each school zone where the department has posted a speed limit, signs designating the hours of the day or night or both during which the school zone speed limit is to apply.

      Sec. 103.  1.  A person shall not drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

      2.  Whenever a public authority determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, such authority may establish a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.

      3.  Such speed limit shall be in effect after the erection of appropriate signs.

      Sec. 104.  If any driver drives a motor vehicle at a speed so slow as to impede the forward movement of traffic proceeding immediately behind such vehicle, on any highway whereon a higher speed is lawful, the driver shall, when the width of the highway permits, drive to the extreme right side of the highway until such impeded traffic has passed by.

      Sec. 105.  1.  It is unlawful for any person to drive any vehicle equipped with solid rubber or cushion tires at a speed greater than 10 miles per hour.

      2.  It is unlawful for any person to drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this section.

      3.  The department of highways upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway constructed and maintained under the authority granted by chapter 408 of NRS, and if it thereupon finds that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the department shall determine and declare the maximum speed of vehicles which such structure can safely withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of 100 feet before each end of such structure.


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ê1969 Statutes of Nevada, Page 1488 (Chapter 675, AB 271)ê

 

itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the department shall determine and declare the maximum speed of vehicles which such structure can safely withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of 100 feet before each end of such structure.

      4.  Upon the trial of any person charged with a violation of this section, proof of such determination of the maximum speed by such department and the existence of such signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure.

      Sec. 106.  1.  The department of highways shall adopt a manual and specifications for a uniform system of official traffic-control devices consistent with the provisions of this chapter for use upon highways within this state. Such uniform system shall correlate with and so far as possible conform to the system then current and approved by the American Association of State Highway Officials and the National Joint Committee on Uniform Traffic Control Devices.

      2.  All devices used by local authorities or the department of highways shall conform with the manual and specifications adopted by the department of highways.

      Sec. 107.  1.  Except as provided in subsection 2, local authorities shall place and maintain such official traffic-control devices upon highways under their jurisdiction as are determined necessary to indicate and to carry out the provisions of this chapter and to regulate, warn or guide traffic.

      2.  No traffic-control device shall be placed by a local authority on a highway constructed and maintained by the department of highways under the authority granted by chapter 408 of NRS without prior approval by the department.

      Sec. 108.  1.  Except as provided in subsection 3, a local authority may adopt, by ordinance, regulations with respect to highways under their jurisdiction within the reasonable exercise of the police power:

      (a) Regulating or prohibiting processions or assemblages on the highways.

      (b) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction.

      (c) Designating any highway as a through highway, requiring that all vehicles stop before entering or crossing the same, or designating any intersection as a stop or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to such intersections.

      (d) Designating truck routes.

      (e) Regulating the operation of bicycles and requiring the registration and licensing thereof.

      (f) Adopting such other traffic regulations as are specifically authorized by this chapter.

      2.  An ordinance relating to traffic control enacted under this section shall not be effective until official traffic-control devices giving notice of such local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as may be most appropriate.

      3.  An ordinance enacted under this section shall not be effective with respect to highways constructed and maintained by the department of highways under the authority granted by chapter 408 of NRS until such ordinance has been approved by the board of directors of the department of highways.


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ê1969 Statutes of Nevada, Page 1489 (Chapter 675, AB 271)ê

 

respect to highways constructed and maintained by the department of highways under the authority granted by chapter 408 of NRS until such ordinance has been approved by the board of directors of the department of highways.

      Sec. 109.  1.  The department of highways with respect to highways constructed under the authority of chapter 408 of NRS, and local authorities with respect to highways under their jurisdiction, may determine those zones of highways where overtaking and passing to the left would be hazardous, and may by the erection of official traffic-control devices indicate such zones. When such devices are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.

      2.  Except as provided in subsection 3, a driver shall not drive on the left side of the highway within such zone or on the left side of any pavement striping designed to mark such zone throughout its length.

      3.  A driver may drive across a pavement striping marking such zone to an adjoining highway if he has first given the appropriate turn signal and there will be no impediment to oncoming or following traffic.

      Sec. 110.  1.  It is unlawful for any driver to disobey the instructions of any official traffic-control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a police officer.

      2.  No provision of this chapter for which such devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation such device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular provision of this chapter does not state that such devices are required, such provisions shall be effective even though no devices are erected or in place.

      3.  Whenever devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of a public authority, unless the contrary is established by competent evidence.

      4.  Any device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter unless the contrary is established by competent evidence.

      Sec. 111.  A vehicle shall not be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet.

      Sec. 112.  1.  The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

      2.  The driver of any truck or combination of vehicles 80 inches or more in overall width, which is following a truck, or combination of vehicles 80 inches or more in overall width, shall, whenever conditions permit, leave a space of 500 feet so that an overtaking vehicle may enter and occupy such space without danger, but this shall not prevent a truck or combination of vehicles from overtaking and passing any vehicle or combination of vehicles.


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

ê1969 Statutes of Nevada, Page 1490 (Chapter 675, AB 271)ê

 

combination of vehicles. This subsection does not apply to any vehicle or combination of vehicles while moving on a highway on which there are two or more lanes available for traffic moving in the same direction.

      3.  Motor vehicles being driven upon any highway outside of a business district in a caravan or motorcade, whether or not towing other vehicles, shall be operated to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle or combination of vehicles to enter and occupy such space without danger.

      Sec. 113.  1.  Whenever traffic is controlled by official traffic-control devices exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the manual and specifications adopted by the department of highways, only the colors green, yellow and red shall be used, except for special pedestrian-control devices carrying a word legend as provided in section 117 of this act. Such lights, arrows and combinations thereof indicate and apply to drivers of vehicles and pedestrians as provided in this section.

      2.  When the signal is circular green alone:

      (a) Vehicular traffic facing such a signal may proceed straight through or turn right or left unless another device at such place prohibits either or both such turns. Such vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

      (b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in section 117 of this act.

      3.  Where the signal is circular green with a green turn arrow:

      (a) Vehicular traffic facing such a signal may proceed to make the movement indicated by the green turn arrow or such other movement as is permitted by the circular green signal, but such traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection at the time such signal is exhibited. Drivers turning in the direction of the arrow when displayed with the circular green are thereby advised that so long as a turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.

      (b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in section 117 of this act.

      4.  Where the signal is a green turn arrow alone:

      (a) Vehicular traffic facing such a signal may proceed only in the direction indicated by the arrow signal so long as the arrow is illuminated, but such traffic shall yield the right of way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection.

      (b) Pedestrians facing such a signal shall not enter the highway until permitted to proceed by another device as provided in section 117 of this act.

      5.  Where the signal is a green straight-through arrow alone:

      (a) Vehicular traffic facing such a signal may proceed straight through, but shall not turn right or left. Such vehicular traffic shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.


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

ê1969 Statutes of Nevada, Page 1491 (Chapter 675, AB 271)ê

 

of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

      (b) Pedestrians facing such a signal may proceed across the highway within the appropriate marked or unmarked crosswalk, unless directed otherwise by another device as provided in section 117 of this act.

      6.  Where the signal is a steady yellow signal alone:

      (a) Vehicular traffic facing such a signal is thereby warned that the related green movement is being terminated or that a steady red indication will be exhibited immediately thereafter, and such vehicular traffic shall not enter the intersection when the red signal is exhibited.

      (b) Pedestrians facing such a signal, unless otherwise directed by another device as provided in section 117 of this act, are thereby advised that there is insufficient time to cross the highway.

      7.  Where the signal is a steady red signal alone:

      (a) Except as provided in paragraph (c) of this subsection, vehicular traffic facing such a signal shall stop before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking indicating where the stop shall be made, or in the absence of any such crosswalk, sign or marking, then before entering the intersection, and shall remain stopped or standing until the green signal is shown.

      (b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in section 117 of this act.

      (c) Vehicular traffic facing such a signal and situated on the extreme right of the highway may proceed into the intersection for a right turn only when the intersecting highway is two-directional or one-way to the right, or vehicular traffic facing such a signal and situated on the extreme left of a one-way highway may proceed into the intersection for a left turn only when the intersecting highway is one-way to the left, but shall yield the right of way to pedestrians and other traffic proceeding as directed by the signal at such intersection.

      8.  Where the signal is a steady red with a green turn arrow then:

      (a) Vehicular traffic facing such a signal may enter the intersection only to make the movement indicated by the green turn arrow, but shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Drivers turning in the direction of the arrow are thereby advised that so long as the turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.

      (b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in section 117 of this act.

      9.  If a signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or pavement marking indicating where the stop shall be made, but in the absence of any such device the stop shall be made at the signal.

      10.  Whenever signals are placed over the individual lanes of a highway, such signals shall indicate and apply to drivers of vehicles as follows:


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ê1969 Statutes of Nevada, Page 1492 (Chapter 675, AB 271)ê

 

      (a) A downward-pointing green arrow means that a driver facing such signal may drive in any lane over which the green signal is shown.

      (b) A red “X” symbol means a driver facing such signal shall not enter or drive in any lane over which such red signal is shown.

      Sec. 114.  Whenever an illuminated flashing red or yellow signal is used in conjunction with an official traffic-control device, it shall require obedience by vehicular traffic as follows:

      1.  When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk in an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a required stop.

      2.  When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed past such signal and through the intersection or other hazardous location only with caution.

      Sec. 115.  1.  It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any sign, signal or marking bearing thereon any commercial advertising.

      2.  Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.

      3.  This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.

      Sec. 116.  A person shall not, without lawful authority, attempt to or alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.

      Sec. 117.  1.  Except as provided in section 118 of this act, when official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.

      2.  No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

      3.  Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle until such driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.


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ê1969 Statutes of Nevada, Page 1493 (Chapter 675, AB 271)ê

 

      4.  Whenever signals exhibiting the words “Walk” or “Don’t walk” are in place, such signals shall indicate as follows:

      (a) While the “Walk” indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and shall be given the right of way by the drivers of all vehicles.

      (b) While the “Don’t walk” indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed his crossing during the “Walk” indication shall proceed to a sidewalk, or to a safety zone if one is provided.

      (c) Whenever the word “Wait” still appears in a signal, such indication has the same meaning as assigned in this section to the “Don’t walk” indication.

      (d) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and “Walk” and “Don’t Walk” indications control such pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the “Walk” indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in such manner as provided in this section and in section 113 of this act.

      Sec. 118.  1.  Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the highway.

      2.  Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the highway.

      3.  Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.

      4.  A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.

      5.  When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.

      Sec. 119.  Pedestrians shall move whenever practicable upon the right half of crosswalks.

      Sec. 120.  1.  Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent highway.

      2.  Pedestrians walking along highways where sidewalks are not provided shall walk on the left side of such highways facing the approaching traffic.

      3.  A person shall not stand in a highway for the purpose of soliciting a ride or any business from the driver or any occupant of a vehicle.

      4.  It is unlawful for any pedestrian who is under the influence of intoxicating liquors or any narcotic or stupefying drug to be within the traveled portion of any highway.

      5.  The provisions of this section apply also to riders of animals.

      Sec. 121.  1.  Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly visible official traffic-control or railroad device gives warning of the immediate approach of a train, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of such railroad and shall not proceed until he can do so safely.


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ê1969 Statutes of Nevada, Page 1494 (Chapter 675, AB 271)ê

 

railroad grade crossing and a clearly visible official traffic-control or railroad device gives warning of the immediate approach of a train, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of such railroad and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

      (a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train.

      (b) A crossing gate is lowered or when a flagman gives or continues to give a signal of the approach or passage of a railroad train.

      (c) A railroad train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard.

      (d) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

      2.  A person shall not drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

      Sec. 122.  The department of highways, and local authorities with the approval of the department of highways, may designate dangerous highway grade crossings of railroads and erect official traffic-control devices at such crossings directing a stop. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of such grade crossing and shall proceed only upon exercising due care.

      Sec. 123.  1.  It is unlawful for any person to operate or move any crawler-type tractor, power shovel, derrick, roller, or any vehicle, equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than 9 inches, measured above the level surface of a highway, upon or across any tracks at a railroad grade crossing without first complying with this section.

      2.  Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.

      3.  No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.

      Sec. 124.  1.  A driver shall not turn a vehicle from a direct course upon a highway unless and until such movement can be made with reasonable safety, and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by such movement or after giving an appropriate signal if any other vehicle may be affected by such movement.


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

ê1969 Statutes of Nevada, Page 1495 (Chapter 675, AB 271)ê

 

      2.  A signal of intention to turn right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning regardless of the weather.

      3.  A driver shall not stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear.

      Sec. 125.  Upon the immediate approach of an authorized emergency vehicle, making use of audible and visual signals meeting the requirements of section 178 of this act, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

      Sec. 126.  The fact that the speed of a vehicle is lower than the prescribed limits does not relieve a driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding highway, or when special hazards exist or may exist with respect to pedestrians, or other traffic or by reason of weather or other highway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering a highway in compliance with legal requirements and the duty of all persons to use due care.

      Sec. 127.  1.  Except as otherwise provided in this section, the driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying any explosive or flammable liquid as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, and shall not proceed until he can do so safely.

      2.  After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.

      3.  When stopping is required at a railroad crossing the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the highway is marked for four or more lanes of traffic.

      4.  No such stop need be made at a railroad crossing:

      (a) Where a police officer or official traffic-control device controls the movement of traffic.

      (b) Which is marked with a device indicating that the crossing is abandoned.

      Sec. 128.  1.  For the purpose of this section, a “temporary roadblock” means any structure, device or means used by police officers for the purpose of controlling all traffic through a point on the highway whereby all vehicles may be slowed or stopped for the purpose of identifying the occupants.


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

ê1969 Statutes of Nevada, Page 1496 (Chapter 675, AB 271)ê

 

the purpose of controlling all traffic through a point on the highway whereby all vehicles may be slowed or stopped for the purpose of identifying the occupants.

      2.  The police officers in this state may establish, in their respective jurisdictions, or in other jurisdictions within the state, temporary roadblocks upon the highways of this state for the purpose of apprehending persons known to such officers to be wanted for violation of the laws of this state, or of any other state, or of the United States, and using the highways of this state for the purpose of escape.

      3.  For the purpose of warning and protecting the traveling public, the minimum requirements to be met by such officers establishing temporary roadblocks are:

      (a) The temporary roadblock shall be established at a point on the highway clearly visible at a distance of not less than 100 yards in either direction.

      (b) At the point of the temporary roadblock, a sign shall be placed on the centerline of the highway displaying the word “Stop” in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards, in both directions, either in daytime or darkness.

      (c) At the same point of the temporary roadblock, at least one red light, on and burning, must be placed at the side of the highway, which shall be a flashing or intermittent beam of light, clearly visible to the oncoming traffic at a distance of not less than 100 yards.

      (d) At a distance of not less than one-quarter of a mile from the point of the temporary roadblock, warning signs shall be placed at the side of the highway, containing any wording of sufficient size and luminosity to warn the oncoming traffic that a “police stop” lies ahead. A burning beam light, flare or lantern shall be placed near such signs for the purpose of attracting the attention of the traffic to the sign.

      4.  This section does not limit the existing authority of police officers in the performance of their duties involving traffic control.

      5.  It is unlawful for any person to proceed or travel through a roadblock without subjecting himself to the traffic control so established.

      Sec. 129.  1.  The department of highways and local authorities, with reference to highways under their respective jurisdictions, may designate through highways and erect official traffic-control devices in the form of stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such intersections.

      2.  Every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, shall stop at a clearly marked stop line, or if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering the intersection.

      3.  The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the nearest side of the intersection or, if there is no crosswalk, at a clearly marked stop line, or if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway.

      Sec. 130.  1.  Where proper signs have been erected, the driver of a vehicle shall stop or yield at the entrance to a through highway and shall yield the right of way to other vehicles which have entered the intersection from such through highway or which are approaching so closely on such through highway as to constitute an immediate hazard, but such driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection on such through highway shall yield the right of way to the vehicles so proceeding into or across the through highway.


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

ê1969 Statutes of Nevada, Page 1497 (Chapter 675, AB 271)ê

 

vehicle shall stop or yield at the entrance to a through highway and shall yield the right of way to other vehicles which have entered the intersection from such through highway or which are approaching so closely on such through highway as to constitute an immediate hazard, but such driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection on such through highway shall yield the right of way to the vehicles so proceeding into or across the through highway.

      2.  The driver of a vehicle shall stop in obedience to a stop sign or yield in compliance with a yield sign at an intersection if a stop sign or a yield sign is erected at one or more entrances thereto although not a part of a through highway and shall proceed cautiously, yielding to vehicles not so obligated to stop or yield and which are within the intersection or approaching so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.

      Sec. 131.  The driver of a vehicle about to enter or cross a highway from a private way shall yield the right of way to all vehicles approaching on such highway.

      Sec. 132.  1.  The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway.

      2.  When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.

      3.  This section shall not apply at intersections controlled by official traffic-control devices or to vehicles approaching each other from opposite directions, when the driver of one of such vehicles is intended to or is making a left turn.

      Sec. 133.  The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle which has approached or is approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but such driver, having so yielded and having given a signal when and as required, may make such left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right of way to the vehicle making the left turn.

      Sec. 134.  When the driver of a vehicle intends to turn at an intersection:

      1.  When the turn is a right turn, both the approach for the right turn and the right turn shall be made as close as practicable to the right-hand curb or edge of the highway.

      2.  Where both intersecting highways are two-directional, the approach for a left turn shall be made in that portion of the right half of the highway nearest the centerline thereof; and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the centerline of the highway being entered; and in all cases, except where otherwise directed by official traffic-control devices, simultaneous left turns by opposing traffic shall be made in front of each other.

      3.  When the turn is a left turn from a two-directional highway into a one-way highway, the approach for a left turn shall be made in that portion of the right half of the highway nearest the centerline thereof and the turn shall be made by turning from the right of such centerline where it enters the intersection as close as practicable to the left-hand curb of the one-way highway.


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

ê1969 Statutes of Nevada, Page 1498 (Chapter 675, AB 271)ê

 

and the turn shall be made by turning from the right of such centerline where it enters the intersection as close as practicable to the left-hand curb of the one-way highway.

      4.  When making a left turn from a one-way highway into a two-directional highway, such turn shall be made by passing to the right of the centerline of the highway being entered upon leaving the intersection, and the approach of such turn shall be made as close as practicable to the left-hand curb of the one-way highway.

      5.  When making a left turn where both intersecting highways are one-way, both the approach for the left turn and the left turn shall be made as close as practicable to the left-hand curb or edge of the highway.

      Sec. 135.  Whenever official traffic-control devices are erected indicating that no right or left turn is permitted, it is unlawful for any driver of a vehicle to disobey the directions of any such sign.

      Sec. 136.  The driver of a vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any highway in a business district, or any intersection controlled by an official traffic-control device. Such U-turn may be made upon any other highway only at an intersection, and then only from the right-hand side of the highway when such movement can be made in safety without interfering with other traffic, unless a local authority has prohibited such turning by ordinance. This section does not prohibit a U-turn on roads where such turns can be made with safety.

      Sec. 137.  A person, except when stopping, standing or parking where no parking is permitted, shall not start a vehicle which is stopped, standing or parked on a highway nor enter upon a highway unless and until such movement can be made with safety.

      Sec. 138.  The driver of a vehicle:

      1.  Shall not back the vehicle unless such movement can be made with reasonable safety and without interfering with other traffic; and

      2.  Shall not back into an intersection, on or over a crosswalk, or around a street corner; and

      3.  Shall in every case yield the right of way to moving traffic and pedestrians.

      Sec. 139.  Any signal required by this chapter to be made by a driver when making a turn or a stop shall be given either by means of a hand and arm or by a signal lamp or signal device of a type approved by the department of motor vehicles, but when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle then such signals shall be given by a signal lamp or signal device.

      Sec. 140.  All signals given by hand and arm shall be given by hand and arm extended beyond the left side of the vehicle in the following manner, and shall indicate the turns that follow:

      1.  Left turn: Hand and arm extended horizontally.

      2.  Right turn: Hand and arm extended upward.

      3.  Stop or decrease speed: Hand and arm extended downward.

      4.  Reentering lane of traffic from parked position: Hand and arm extended horizontally.

      Sec. 141.  Upon all highways of sufficient width a vehicle shall be driven upon the right half of the highway, except as follows:


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

ê1969 Statutes of Nevada, Page 1499 (Chapter 675, AB 271)ê

 

      1.  When overtaking and passing another vehicle proceeding in the same direction under the laws governing such movements;

      2.  When the right half of the highway is closed to traffic;

      3.  Upon a highway divided into three lanes for traffic under the laws applicable thereon; or

      4.  Upon a highway designated and posted for one-way traffic; or

      5.  When the highway is not of sufficient width.

      Sec. 142.  Drivers of vehicles proceeding in opposite directions shall pass each other keeping to the right, and upon highways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the paved portion of the highway as nearly as possible.

      Sec. 143.  1.  The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle.

      2.  Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

      Sec. 144.  1.  The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

      (a) When the driver of the vehicle overtaken is making or signaling to make a left turn.

      (b) Upon a highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction.

      (c) Upon any highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

      2.  The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.

      3.  The driver of a vehicle shall not overtake and pass another vehicle upon the right when such movement requires driving off the paved portion of the highway.

      Sec. 145.  1.  A vehicle shall not be driven to the left side of the center of a two-lane, two-directional highway and overtaking and passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.

      2.  A vehicle shall not be driven to the left side of the highway at anytime:

      (a) When approaching the crest of a grade or upon a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.

      (b) When approaching within 100 feet or traversing any intersection or railroad grade crossing.


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

ê1969 Statutes of Nevada, Page 1500 (Chapter 675, AB 271)ê

 

      (c) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

      3.  Subsection 2 does not apply upon a one-way highway.

      Sec. 146.  1.  Upon a highway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated.

      2.  A vehicle passing around a rotary traffic island shall be driven only to the right of such island.

      Sec. 147.  Whenever any highway has been divided into three clearly marked lanes for traffic the following rules apply:

      1.  Vehicles shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

      2.  A vehicle shall not be driven in a center lane except:

      (a) When overtaking and passing another vehicle where the highway is clearly visible and such center lane is clear of traffic for a safe distance;

      (b) In preparation for a left turn; or

      (c) Where such center lane is at the time allocated exclusively to traffic moving in the direction in which the vehicle is proceeding, and is posted to give notice of such allocation.

      Sec. 148.  Whenever any highway has been divided into two highways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand highway and a vehicle shall not be driven over, across or within any such dividing space, barrier or section nor make any left turn, semicircular turn or U-turn, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by a public authority.

      Sec. 149.  When official traffic-control devices are erected giving notice thereof, a person shall not drive a vehicle onto or from any controlled-access highway except at those entrances and exits which are indicated by such devices.

      Sec. 150.  The department of highways and local authorities may with respect to any controlled-access highway under their respective jurisdictions prohibit the use of any such highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle.

      Sec. 151.  Upon those highways which have official traffic-control devices permitting angle parking, a person shall not stop, stand or park a vehicle other than at the angle to the curb or edge of the highway indicated by such devices.

      Sec. 152.  1.  Except as otherwise provided in this section, every vehicle stopped or parked upon a highway where there are adjacent curbs shall be stopped or parked with the right-hand wheels of such vehicle parallel to and within 18 inches of the right-hand curb.

      2.  Local authorities may by ordinance permit parking of vehicles with the left-hand wheels adjacent to and within 18 inches of the left-hand curb of a one-way highway.

      3.  Local authorities may by ordinance permit angle parking on any highway, except that angle parking shall not be permitted on any highway constructed and maintained by the department of highways under the authority granted by chapter 408 of NRS unless the department has determined that such highway is of sufficient width to permit angle parking without interfering with the free movement of traffic.


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

ê1969 Statutes of Nevada, Page 1501 (Chapter 675, AB 271)ê

 

determined that such highway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

      4.  The department of highways with respect to highways under its jurisdiction may place official traffic-control devices prohibiting or restricting the stopping, standing or parking of vehicles on any such highway where, in its opinion, such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. It is unlawful for any person to stop, stand or park any vehicle in violation of the restrictions stated on such devices.

      Sec. 153.  1.  Except as provided in subsection 2, owners of motor vehicles displaying a special parking permit issued pursuant to NRS 482.384 may park such motor vehicles for not more than 2 hours at any one time in parking zones restricted as to the length of time parking is permitted, without penalty, removal of such vehicle or imprisonment, if such parking is otherwise consistent with public safety.

      2.  This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for off-highway parking without paying the required fee for the time during which such vehicle is so parked.

      Sec. 154.  (Deleted by amendment.)

      Sec. 155.  1.  Except as otherwise provided by law, whenever a vehicle equipped with all reflectors required by law is lawfully parked at nighttime upon any highway, no lights need be displayed upon such parked vehicle.

      2.  Whenever lights are displayed upon a vehicle lawfully parked at nighttime upon any highway, such lights shall be depressed or dimmed, in the event cowl or parking lamps are not used.

      Sec. 156.  1.  A person shall not stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or, official traffic-control device, in any of the following places:

      (a) On a sidewalk;

      (b) In front of a public or private driveway;

      (c) Within an intersection;

      (d) Within 15 feet of a fire hydrant;

      (e) On a crosswalk;

      (f) Within 20 feet of a crosswalk at an intersection;

      (g) Within 30 feet upon the approach to any official traffic-control signal located at the side of a highway;

      (h) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone.

      (i) Within 50 feet of the nearest rail of a railroad;

      (j) Within 20 feet of a driveway entrance to any fire station and, on the side of a highway opposite the entrance to any fire station, within 75 feet of such entrance;

      (k) Alongside or opposite any highway excavation or obstruction when such stopping, standing or parking would obstruct traffic;

      (l) On the highway side of any vehicle stopped or parked at the edge of or curb of a highway;


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

ê1969 Statutes of Nevada, Page 1502 (Chapter 675, AB 271)ê

 

      (m) Upon any bridge or other elevated structure or within a highway tunnel;

      (n) Within 5 feet of a public or private driveway; and

      (o) At any place where official traffic-control devices prohibit stopping, standing or parking.

      2.  A person shall not move a vehicle not owned by such person into any such prohibited area or away from a curb such distance as is unlawful.

      3.  A local authority may place official traffic-control devices prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking vehicles would unduly interfere with the free movement of traffic thereon. It is unlawful for any person to stop, stand or park any vehicle in violation of the restrictions stated on such devices.

      Sec. 157.  The person driving or in charge of any motor vehicle, except a commercial vehicle loading or unloading goods shall not permit it to stand unattended without first stopping the engine, locking the ignition and removing the key.

      Sec. 158.  A vehicle shall not be permitted to stand unattended upon any perceptible grade without stopping the engine and effectively setting the brake thereon and turning the front wheels to the curb or side of the highway.

      Sec. 159.  1.  A person shall not drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle.

      2.  A passenger in a vehicle shall not ride in such position as to interfere with the driver’s view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.

      3.  A vehicle shall not be operated upon any highway unless the driver’s vision through any required glass equipment is normal.

      Sec. 160.  1.  Upon any highway outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park or so leave such vehicle off such part of the highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of 200 feet in each direction upon such highway.

      2.  This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.

      Sec. 161.  1.  Unless otherwise provided by ordinance of the local authority having jurisdiction, a person shall not:

      (a) Stop, stand or park a vehicle within an alley in a business district except for the expeditious loading or unloading of goods.

      (b) Stop, stand or park a vehicle in any other alley in such a manner, or under such conditions as to leave available less than 10 feet of the width of the alley for the free movement of vehicular traffic.


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

ê1969 Statutes of Nevada, Page 1503 (Chapter 675, AB 271)ê

 

or under such conditions as to leave available less than 10 feet of the width of the alley for the free movement of vehicular traffic.

      2.  A person shall not stop, stand or park a vehicle within an alley in such position as to block the driveway or entrance to any abutting property.

      Sec. 162.  1.  Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of this chapter, such officer may move such vehicle, or require the driver or person in charge of the vehicle to move it to a position off the paved or improved or main, traveled part of such highway.

      2.  Whenever any police officer finds a vehicle unattended upon any highway, bridge or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle in any manner provided by law.

      Sec. 163.  Unless otherwise provided by ordinance of the local authority having jurisdiction, a person, except physicians or other persons on emergency calls, shall not park a vehicle on any highway which has an official traffic-control device prohibiting all-night parking for a period of time longer than 30 minutes between the hours of 2 a.m. and 5 a.m. of any day.

      Sec. 164.  No person shall park a vehicle upon any highway for the principal purpose of:

      1.  Displaying such vehicle for sale.

      2.  Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency.

      3.  Soliciting business.

      4.  Selling merchandise from such vehicle except in a duly established market place, or one so authorized or licensed by the local authority.

      5.  Storage, or as junkage or dead storage, for more than 24 hours.

      Sec. 165.  When official traffic-control devices are erected giving notice thereof, a person shall not park a vehicle upon either side of any highway adjacent to any school.

      Sec. 166.  When official traffic-control devices are erected prohibiting parking upon a narrow highway, a person shall not park a vehicle upon any such highway.

      Sec. 167.  When official traffic-control devices are erected giving notice thereof, a person shall not stand or park a vehicle upon the left-hand side of a one-way street.

      Sec. 168.  If a laned roadway is restricted to one direction, a person shall not stand or park a vehicle upon the left-hand side of such one-way roadway unless official traffic-control devices are erected permitting such standing or parking.

      Sec. 169.  When official traffic-control devices are erected at hazardous or congested places, a person shall not stop, stand or park a vehicle in any such designated place.

      Sec. 170.  A person shall not stop, stand or park a vehicle for any purpose or period of time except for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such passenger curb loading zone are effective.


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

ê1969 Statutes of Nevada, Page 1504 (Chapter 675, AB 271)ê

 

      Sec. 171.  1.  A person shall not stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect.

      2.  The driver of a vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading passengers, when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter such zone.

      Sec. 172.  A person shall not stop, stand or park a vehicle for any purpose or length of time in any restricted parking zone other than for the purpose to which parking in such zone is restricted, except that a driver of a passenger vehicle may stop temporarily in such zone for the purpose of and while actually engaged in loading or unloading of passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter the zone for the purpose of parking in accordance with the purpose to which parking is restricted.

      Sec. 173.  The operator of a bus or taxicab shall not stop, stand or park upon any highway in any business district at any place other than a bus stop or taxicab stand, respectively, except that this provision does not prohibit the driver of any such vehicle from temporarily stopping in accordance with other stopping, standing or parking regulations at any place for the purpose of and while engaged in the expeditious unloading or loading of passengers.

      Sec. 174.  A person shall not stop, stand or park a vehicle other than a bus in a bus stop, or a taxicab in a taxicab stand, when such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop there and for the purpose of and while actually engaged in expeditiously loading or unloading of passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.

      Sec. 175.  A person shall not park a vehicle at any time on any of the following parts of highways, sidewalks or sidewalk areas, where official traffic-control devices are erected giving notice thereof:

      1.  In front of a theater entrance.

      2.  In front of the entrance or exit of a hotel.

      3.  In front of the entrance to any building where any such device has been erected by a local authority.

      Sec. 176.  1.  A local authority may erect, pursuant to ordinance, official traffic-control devices regulating the stopping, standing or parking of vehicles on any highway under its jurisdiction.

      2.  When devices are erected giving notice thereof, it is unlawful for any person to stop, stand or park a vehicle for longer than the time designated by any such sign.

      Sec. 177.  1.  When parking meters are erected by any local authority pursuant to an adopted ordinance giving notice thereof, it is unlawful for any person to stop, stand or park a vehicle in any metered parking zone for a period of time longer than designated by such parking meters upon a deposit of a coin of United States currency of the designated denomination.


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

ê1969 Statutes of Nevada, Page 1505 (Chapter 675, AB 271)ê

 

      2.  Every vehicle shall be parked wholly within the metered parking space for which the meter shows parking privilege has been granted.

      3.  It is unlawful for any unauthorized person to remove, deface, tamper with, open, willfully break, destroy or damage any parking meter, or willfully to manipulate any parking meter in such a manner that the indicator will fail to show the correct amount of unexpired time before a violation occurs.

      Sec. 178.  1.  Except as provided in section 179 of this act, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:

      (a) A police or fire department.

      (b) A sheriff’s office.

      (c) The Nevada highway patrol.

      (d) A public ambulance agency.

      (e) A public lifeguard or lifesaving agency.

      2.  A vehicle publicly maintained in whole or in part by the state, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriff’s office or traffic law enforcement department, is an authorized emergency vehicle under the following conditions:

      (a) When such vehicle has such a permit from the department of motor vehicles;

      (b) Where such person operates such vehicle so owned by him in responding to emergency calls or fire alarms or highway patrol duty or operates such vehicle in the pursuit of actual or suspected violators of the law; and

      (c) When the state, county or city does not furnish to such officer a publicly owned vehicle for the purposes stated in paragraph (b).

      3.  When a vehicle is operated as an authorized emergency vehicle it shall display a flashing red light and an audible siren which have been approved by the department of motor vehicles.

      Sec. 179.  1.  The department of motor vehicles may issue authorized emergency vehicle permits to vehicles required to be operated primarily for the immediate preservation of life or property or for the apprehension of law violators. Such permits shall not be issued to vehicles when there are available comparable emergency-type services provided by agencies referred to in section 178 of this act.

      2.  The issuance of authorized emergency vehicle permits to vehicles under this section shall be limited to:

      (a) Agencies designated in section 178 of this act.

      (b) Vehicles owned or operated by an agency of the United States engaged primarily in law enforcement work; and

      (c) Ambulances designed and operated excusively as such.

      3.  The following are not emergency vehicles and shall not be permitted to operate as such:

      (a) Tow cars;

      (b) Public utility vehicles;

      (c) Vehicles used in merchant patrols;

      (d) Vehicles used in private escort service;

      (e) Privately owned vehicles of volunteer firemen;


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

ê1969 Statutes of Nevada, Page 1506 (Chapter 675, AB 271)ê

 

      (f) Privately owned vehicles of reserve members of a police department or a sheriff’s office; and

      (g) Vehicles of private detectives.

      Sec. 180.  1.  The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth, subject to the conditions stated, in this section.

      2.  The driver of an authorized emergency vehicle may:

      (a) Park or stand, without regard to the provisions of this chapter.

      (b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.

      (c) Exceed any speed limits so long as he does not endanger life or property.

      (d) Disregard regulations governing direction of movement or turning in specified directions.

      3.  The exemptions granted in this section to an authorized emergency vehicle apply only when such vehicle is making use of audible and visual signals as required by law.

      4.  The provisions of this section do not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, and such provisions do not protect the driver from the consequences of his reckless disregard for the safety of others.

      Sec. 181.  1.  Except as provided in subsection 2, the driver of any vehicle upon a highway, street or road, when meeting or overtaking, from either direction, any school bus, equipped with signs and signals required by law, which has stopped on the highway, street or road for the purpose of receiving or discharging any pupil and is displaying a flashing red light signal visible from the front and rear, shall bring his vehicle to a stop immediately and shall not proceed past the school bus until the flashing red signal ceases operation.

      2.  The driver of a vehicle upon a highway, street or road with separate roadways need not stop upon meeting or passing a school bus which is upon the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus when the school bus is stopped at an intersection or a place where traffic is controlled by a traffic officer or an official traffic signal.

      3.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 182.  1.  The operator of a motor vehicle shall not drive between the vehicles, persons or animals comprising a funeral or other authorized procession when such funeral or procession vehicles are properly identified by pennants or other authorized insignia and while such funeral or procession is in motion, except when otherwise directed by a police officer.

      2.  This section does not apply to authorized emergency vehicles.

      Sec. 183.  All vehicles, persons or animals comprising a funeral or other procession shall proceed as near to the right-hand edge of the highway as practicable and shall follow the preceding vehicles, persons or animals in such procession as closely as is practicable and safe.

      Sec. 184.  1.  A procession or parade, except the forces of the United States Armed Services, the military forces of this state and the forces of the police and fire departments, shall not occupy, march or proceed along any highway except in accordance with the permit issued by the proper public authority.


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

ê1969 Statutes of Nevada, Page 1507 (Chapter 675, AB 271)ê

 

United States Armed Services, the military forces of this state and the forces of the police and fire departments, shall not occupy, march or proceed along any highway except in accordance with the permit issued by the proper public authority.

      2.  A sound truck or other vehicle equipped with an amplifier or loudspeaker shall not be driven upon any highway for the purpose of selling, offering for sale or advertising in any fashion except in accordance with a permit issued by the proper public authority.

      3.  An oversized or overweight vehicle or equipment shall not be driven, occupy or proceed upon any highway except in accordance with a permit issued by the proper public authority.

      Sec. 185.  The driver of any motor vehicle other than an authorized emergency vehicle on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or driving to or park such vehicle within 500 feet of fire apparatus which stopped in answer to a fire alarm.

      Sec. 186.  A vehicle shall not be driven over any unprotected hose of a fire department when laid down on any highway or private way or place for use at any fire or alarm of fire or practice runs, without the consent of the fire department official in command.

      Sec. 187.  The driver of a vehicle shall not drive upon or within any sidewalk area except at a permanent or temporary driveway or alley entrance.

      Sec. 188.  A person shall not ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision does not apply to an employee engaged in the necessary discharge of a duty, or to a person or persons riding within truck bodies and space intended for merchandise.

      Sec. 189.  A person shall not board or alight from any vehicle while such vehicle is in motion.

      Sec. 190.  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, 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.

      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. 191.  1.  A person shall not drive, move, stop or park any vehicle or combination of vehicles, and an owner shall not cause or knowingly permit any vehicle or combination of vehicles to be driven, moved, stopped or parked, on any highway if such vehicle or combination of vehicles exceeds in size or weight or gross loaded weight the maximum limitation specified by law as to such size, weight and gross loaded weight unless such person or owner is authorized to drive, move, stop or park such vehicle or combination of vehicles by a special permit issued by the proper public authority.


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

ê1969 Statutes of Nevada, Page 1508 (Chapter 675, AB 271)ê

 

moved, stopped or parked, on any highway if such vehicle or combination of vehicles exceeds in size or weight or gross loaded weight the maximum limitation specified by law as to such size, weight and gross loaded weight unless such person or owner is authorized to drive, move, stop or park such vehicle or combination of vehicles by a special permit issued by the proper public authority.

      2.  This section does not apply to fire apparatus, highway machinery, snowplows or to a farm tractor or other implement of husbandry temporarily moved upon a highway.

      Sec. 192.  NRS 108.267 is hereby amended to read as follows:

      108.267  As used in NRS 108.270 to 108.360, inclusive, “trailer” means every vehicle defined in NRS 482.110, 482.125 and [484.0025.] section 27 of this act.

      Sec. 193.  NRS 483.460 is hereby amended to read as follows:

      483.460  Unless otherwise provided by law, the department shall forthwith revoke, for a period of 1 year, the license of any driver upon receiving a record of such driver’s conviction of any of the following offenses, when such conviction has become final:

      1.  Manslaughter resulting from the driving of a motor vehicle.

      2.  A second conviction of driving a motor vehicle while under the influence of intoxicating liquor or the influence of any narcotic drug as defined in NRS 453.020, dangerous drug as defined in NRS 454.220 or hallucinogenic drug as defined in NRS 454.460, or of inhalation, ingestion, application or other use of any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders the driver incapable of safely driving; but the revocation provided for in this subsection shall in no event exceed the time fixed as provided in subsection 4 of [NRS 484.050.] section 94 of this act.

      3.  Any felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

      4.  Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another.

      5.  Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of [Assembly Bill No. 270 of the 55th session of the Nevada legislature,] chapter 309, Statutes of Nevada 1969, or under any other law relating to the ownership or driving of motor vehicles.

      6.  Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

      Sec. 194.  (Deleted by amendment.)

      Sec. 195.  (Deleted by amendment.)

      Sec. 196.  NRS 484.524 is hereby amended to read as follows:

      484.524  Any person operating or moving any vehicle or equipment over any [public road] highway who violates any length limitation in this chapter is guilty of a misdemeanor.

      Sec. 197.  NRS 484.640 is hereby amended to read as follows:

      484.640  1.  It shall be unlawful for any person to operate or move any vehicle or equipment designated in NRS 484.600 over any [public road or] highway without first obtaining a permit, or to violate or evade any of the terms or conditions of such permit when issued, and any person violating any of the provisions of NRS 484.600 to 484.630, inclusive, shall be guilty of a misdemeanor.


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ê1969 Statutes of Nevada, Page 1509 (Chapter 675, AB 271)ê

 

road or] highway without first obtaining a permit, or to violate or evade any of the terms or conditions of such permit when issued, and any person violating any of the provisions of NRS 484.600 to 484.630, inclusive, shall be guilty of a misdemeanor.

      2.  Any person operating or moving any vehicle or equipment designated in NRS 484.600 over any [public road] highway under the authorization of a continuous permit and who violates any weight limitation in excess of the weight authorized by the permit shall be punished, upon conviction, as provided in NRS 484.590.

      Sec. 198.  NRS 484.710 is hereby amended to read as follows:

      484.710  1.  It shall be unlawful for any person to remove any barrier or sign stating that a [road, street or] highway is closed to traffic.

      2.  It shall be unlawful to pass over a [road] highway that is marked, signed or barricaded to indicate that it is closed to traffic.

      Sec. 199.  NRS 484.721 is hereby amended to read as follows:

      484.721  1.  Any peace officer may, without a warrant, arrest a person if he has reasonable cause for believing that such person has committed any of the following offenses:

      (a) Homicide by vehicle;

      (b) Driving, or being in actual physical control of, a vehicle while under the influence of intoxicating liquor;

      (c) Driving a vehicle while under the influence of any narcotic drug, or driving a vehicle while under the influence of any other drug to a degree which renders the person incapable of safely driving a vehicle;

      (d) Failure to stop, or failure to give information, or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries, as prescribed in [NRS 484.010;] section 82 of this act;

      (e) Failure to stop, or failure to give information, in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway, as prescribed in [NRS 484.020 and 484.025;] sections 83, 84 and 86 of this act; or

      (f) Reckless driving.

      2.  Whenever any person is arrested as authorized in this section he shall be taken without unnecessary delay before the proper magistrate as specified in NRS 484.727, except that in the case of either of the offenses designated in paragraphs (e) and (f) a peace officer shall have the same discretion as is provided in other cases in NRS 484.723.

      Sec. 200.  NRS 484.723 is hereby amended to read as follows:

      484.723  Whenever any person is halted by a peace officer for any violation of this chapter and is not required to be taken before a magistrate, the person shall, in the discretion of the peace officer, either be given a traffic citation, or be taken without unnecessary delay before the proper magistrate. He shall be taken before the magistrate in any of the following cases:

      1.  When the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court;

      2.  When the person is charged with a violation of NRS 484.510, relating to the refusal of a driver of a vehicle to submit such vehicle to an inspection and test;


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

ê1969 Statutes of Nevada, Page 1510 (Chapter 675, AB 271)ê

 

      3.  When the person is charged with a violation of NRS 484.580, relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom; or

      4.  When the person is charged with a violation of [NRS 484.040 or 484.050, relating to driving under the influence of intoxicating liquor or drugs.] section 94 of this act.

      Sec. 201.  NRS 484.0011 to 484.265, inclusive, 484.683, 484.686, 484.693, 484.696, 484.709 and 484.713 are hereby repealed.

      Sec. 202.  This act shall become effective at 12:01 a.m. on July 1, 1969.

 

________

 

 

CHAPTER 676, AB 682

Assembly Bill No. 682–Mr. Jacobsen

CHAPTER 676

AN ACT to amend an act entitled “An Act fixing the salaries of and providing for the reimbursement for travel of certain officers of Douglas County, Nevada; providing that the board of county commissioners shall fix the salaries of certain deputies and clerical employees of the county; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto,” approved March 21, 1953, as amended.

 

[Approved May 4, 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 183, Statutes of Nevada 1953, as last amended by chapter 39, Statutes of Nevada 1967, at page 68, is hereby amended to read as follows:

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

      The sheriff shall receive the sum of $9,000 per annum, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of his official duties in the county. The sheriff may, with the consent and approval of the board of county commissioners, appoint one undersheriff, one or more lieutenants, one or more sergeants and one or more deputy sheriffs, who shall receive such salaries and mileage as shall be fixed, from time to time, by the board of county commissioners. Such salaries shall be in full payment for all services performed by the sheriff, undersheriff, lieutenants, sergeants and deputies.] The officers of Douglas County, Nevada, named in sections 1.5 to 5, inclusive, and section 7 of this act shall receive, in full payment for all services rendered by them, the salaries specified in sections 1.5 to 5, inclusive, and section 7 of this act.

      Sec. 2.  The above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 213, is hereby amended by adding thereto a new section designated section 1.5, which shall immediately follow section 1 and shall read as follows:

      Section 1.5.  The sheriff shall receive the sum of $10,500 per annum, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of his official duties in the county.


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ê1969 Statutes of Nevada, Page 1511 (Chapter 676, AB 682)ê

 

and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of his official duties in the county. The sheriff may, with the consent and approval of the board of county commissioners, appoint one undersheriff, one or more lieutenants, one or more sergeants and one or more deputy sheriffs, who shall receive such salaries and mileage as shall be fixed, from time to time, by the board of county commissioners. Such salaries shall be in full payment for all services performed by the sheriff, undersheriff, lieutenants, sergeants and deputies.

      Sec. 3.  Section 2 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 320, Statutes of Nevada 1965, at page 671, is hereby amended to read as follows:

      Section 2.  The Assessor shall receive the sum of [$9,000] $10,500 per annum. [The assessor may employ one deputy appraiser at a wage of not to exceed $3 per hour.] Such salary [and wages] shall be in full payment for all services now required by law to be performed by the assessor. [and deputy appraiser.] For all traveling and mileage expenses incurred by [such officers] the assessor in the discharge of [their] his official duties within the county, [such officers] the assessor shall be reimbursed at the rate of 10 cents per mile.

      Sec. 4.  Section 3 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 320, Statutes of Nevada 1965, at page 671, is hereby amended to read as follows:

      Section 3.  The county clerk and county treasurer shall receive the sum of [$9,000] $10,500 per annum. Such salary shall be in full payment for all services now required by law to be performed by the county clerk and county treasurer, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.

      Sec. 5.  Section 4 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 320, Statutes of Nevada 1965, at page 672, is hereby amended to read as follows:

      Section 4.  The county recorder and county auditor shall receive the sum of [$9,000] $10,500 per annum. Such salary shall be in full payment for all services now required by law to be performed by the county recorder and county auditor, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.

      Sec. 6.  Section 5 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 320, Statutes of Nevada 1965, at page 672, is hereby amended to read as follows:

      Section 5.  The district attorney shall receive the sum of [$9,000] $10,500 per annum. Such salary shall be in full payment for all services now required by law to be performed by the district attorney, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county. The district attorney shall prosecute all criminal cases, attend the trials of the same at any place in Douglas County, and shall be the legal advisor for the county.

      Sec. 7.  Section 7 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 320, Statutes of Nevada 1965, at page 672, is hereby amended to read as follows:

      Section 7.  The county commissioners of Douglas County shall receive the sum of [$3,600] $4,200 per annum each, payable monthly in 12 equal payments, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of their official duties in the county.


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ê1969 Statutes of Nevada, Page 1512 (Chapter 676, AB 682)ê

 

receive the sum of [$3,600] $4,200 per annum each, payable monthly in 12 equal payments, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of their official duties in the county.

 

________

 

 

CHAPTER 677, AB 698

Assembly Bill No. 698–Committee on Ways and Means

CHAPTER 677

AN ACT relating to state printing; abolishing the office of superintendent of state printing; creating the department of state printing; and providing other matters properly relating thereto.

 

[Approved May 4, 1969]

 

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

do enact as follows:

 

      Section 1.  Chapter 344 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 5, inclusive, of this act, have the meanings ascribed to them in such sections.

      Sec. 3.  “Department” means the department of state printing.

      Sec. 4.  “Multiple duplication equipment” means stencil duplicators and offset duplicators and equipment of a similar type, and all related equipment.

      Sec. 5.  “Superintendent” means the superintendent of the department of state printing.

      Sec. 6.  1.  There is hereby created the department of state printing.

      2.  The department shall consist of a superintendent and the following divisions:

      (a) Printing division.

      (b) Reproduction division.

      3.  The superintendent may create within the divisions of the department necessary working units relating but not limited to the composing room, the letterpress room, the bindery and the offset press room.

      Sec. 7.  1.  The office of superintendent of the department of state printing is hereby created.

      2.  The superintendent shall be appointed by and be responsible to the governor. He shall be in the unclassified service of the state.

      3.  No person is eligible for the office of superintendent who has not had 5 years’ experience in the art of printing, including 2 years of supervisory or administrative experience beyond the level of foreman.

      Sec. 8.  1.  The superintendent shall receive an annual salary fixed by the governor in an amount not to exceed that specified in NRS 281.115.

      2.  Before entering into office, the superintendent shall execute a surety bond, payable to the state in the sum of $10,000, conditioned for the faithful performance of all duties which may be required of him by law.


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ê1969 Statutes of Nevada, Page 1513 (Chapter 677, AB 698)ê

 

      Sec. 9.  1.  No state agency may purchase any multiple duplication equipment without the prior approval of the superintendent.

      2.  Before the superintendent approves such purchase, he shall first determine that such agency’s need for such equipment justifies such purchase and that the purchase of such equipment will not diminish the efficiency of the department.

      3.  The superintendent may order the transfer of all multiple duplication equipment from any agency to the department or to any other agency. He may declare any such equipment surplus and may order the disposition of such equipment in the manner provided by law.

      Sec. 10.  NRS 344.040 is hereby amended to read as follows:

      344.040  [1.]  The superintendent [of state printing shall have the entire charge and superintendence of the state printing and all matters pertaining to his office.

      2.  He shall take charge of and be responsible for all manuscripts or other matter which may be placed in his hands to be printed, and shall cause the same to be executed promptly.

      3.  He shall receive and execute promptly all orders for printing required to be done by the various state officers, boards and commissions.

      4.  Biennially and prior to the meeting of the legislature, he shall make a report to the governor. His report shall embrace a record of the complete transactions of his office.] shall:

      1.  Supervise the operations of the department.

      2.  Take charge of and be responsible for all manuscripts or other matter which may be delivered to him for printing or reproduction.

      3.  Receive and promptly execute all orders for printing or reproduction required by the various state officers, boards and commissions.

      4.  Submit a biennial report to the legislative commission and the governor concerning the complete transactions of the department.

      5.  Appoint as chiefs of the printing and reproduction divisions persons who are skilled in these respective arts and who have demonstrated supervisory and administrative ability. The chiefs of the divisions shall be in the classified service of the state.

      6.  Maintain perpetual inventory records of equipment in the department. He shall include in his biennial report required by subsection 4 a statement of all changes in the equipment inventory made since the submission of his last report.

      Sec. 11.  NRS 344.050 is hereby amended to read as follows:

      344.050  1.  The superintendent [of state printing] shall not permit any other than state work to be done in the [state printing office.] department.

      2.  All state officers, boards, commissions, trustees, regents and directors required or authorized by law to make reports or to publish circulars, bulletins, printed books, stationery or printed matter of any kind shall:

      (a) Have the printing, reproduction and binding of such material done [at] by the [state printing office] department, at the expense of their respective funds or appropriation; or

      (b) Produce the reports or other published matter within their respective agencies by use of copying or duplicating machines other than printing by letterpress or the offset process.

      3.  [The following pamphlets, bulletins and leaflets shall be printed:


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

ê1969 Statutes of Nevada, Page 1514 (Chapter 677, AB 698)ê

 

Annual registers of the University of Nevada System.

Nevada mining laws.

Nevada land laws.

Nevada election laws.

Nevada official election returns.

General corporation laws.

Foreign corporation laws.

State school laws.

Fish and game laws.

Pharmacy law.

List of registered physicians.

Insurance laws.

Banking laws.

Necessary briefs, transcripts and other legal work for the public service commission.

 

      4.]  The printing of official stationery, cards and other material appropriate to the official duties of members of the legislature shall be done in the [state printing office] department at the expense of the legislative fund.

      [5.]4.  Invitations, tickets of admission, programs, menus or the like for any state institution or school shall not be considered state printing, and the superintendent [of state printing] is directed not to accept the same.

      [6.]5.  Nothing in this chapter shall be construed to mean that the superintendent [of state printing] is required or expected to perform any work other than that which the type, machinery and other printing, reproduction and binding appliances in the [state printing office] department will permit.

      Sec. 12.  NRS 344.060 is hereby amended to read as follows:

      344.060  The superintendent [of state printing] shall cause to be affixed to all public printing, except work produced in the reproduction division, the union label recognized by the International Typographical Union. He is authorized to purchase such cuts for that purpose as in his discretion are necessary.

      Sec. 13.  NRS 344.070 is hereby amended to read as follows:

      344.070  1.  The superintendent [of state printing] is authorized to secure copyright under the laws of the United States in all publications issued by the State of Nevada, the copyright to be secured in the name of the State of Nevada.

      2.  All costs and charges incurred in copyrighting such publications shall be charged against the state printing and reproduction fund, and shall be paid in the same way as other charges are paid by the state.

      Sec. 14.  NRS 344.080 is hereby amended to read as follows:

      344.080  1.  The superintendent [of state printing] shall employ such compositors, machine operators, pressmen and assistants as the exigency of the work from time to time requires, and he may at any time discharge such employees. At no time shall he employ more compositors, machine operators, pressmen and assistants that the necessities of the [state printing office] department may require.

      2.  [At no time shall the superintendent of state printing pay such compositors, machine operators, pressmen and assistants a higher rate of wages than is recognized by the employing printers of the State of Nevada, or than the nature of the employment may require.


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

ê1969 Statutes of Nevada, Page 1515 (Chapter 677, AB 698)ê

 

compositors, machine operators, pressmen and assistants a higher rate of wages than is recognized by the employing printers of the State of Nevada, or than the nature of the employment may require. The chief assistant in the state printing office shall be in the unclassified service of the state and shall receive an annual salary in the amount specified in NRS 281.115.] The compensation of such compositors, machine operators, pressmen and assistants shall be fixed by the personnel division of the department of administration, but at no time shall such employees receive a higher rate of wages than is recognized by the employing printers of the State of Nevada or than the nature of the employment may require.

      3.  Except as otherwise provided in this subsection, all clerical employees and such other persons as are employed for work not directly related to the printing crafts shall be in the classified service of the state. Until the superintendent is appointed pursuant to section 7 of this act the chief assistant to the superintendent shall be in the unclassified service of the state and shall receive an annual salary in an amount not to exceed that specified in NRS 281.115. With the appointment of the superintendent, the chief assistant shall be in the classified service of the state and shall receive a salary fixed by the personnel division of the department of administration in an amount not less than that specified in NRS 281.115.

      4.  On the first business day after the 1st and 15th days of each month the superintendent [of state printing] shall submit to the state board of examiners a statement of the salary or wages due each employee for the semimonthly period immediately preceding. The state board of examiners shall then immediately consider the payroll, and after its approval by the board, or a majority thereof, the state controller shall draw his warrants on the state treasurer in payment of the salaries or wages in the same manner as other salaries are paid.

      Sec. 15.  NRS 344.090 is hereby amended to read as follows:

      344.090  1.  There is hereby created in the state treasury a fund to be known as the state printing fund.

      2.  The state printing fund shall consist of the funds appropriated to carry out the provisions of this chapter, and all moneys received in the state printing fund from any source whatever in payment of all printing, reproduction and binding done in the [state printing office.] department.

      3.  All expenses for the support of the [state printing office,] department, including the salary of the superintendent, [of state printing,] shall be paid from the state printing fund.

      4.  At the end of each fiscal year, the superintendent [of state printing] shall report to the state treasurer:

      (a) The value of the inventory of supplies and materials held by the superintendent;

      (b) The amount receivable for work performed; and

      (c) The amount payable for supplies, materials or equipment received or on order.

To the extent that the sum of the cash balance of the state printing fund plus the value of inventory and amount receivable, minus the amount payable, exceeds [$125,000,] $175,000, the cash balance of the state printing fund shall revert to the general fund.

      Sec. 16.  NRS 344.095 is hereby amended to read as follows:


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

ê1969 Statutes of Nevada, Page 1516 (Chapter 677, AB 698)ê

 

      344.095  1.  The construction costs of $590,017 for the [state printing office and plant] plant of the department shall be repaid over a 20-year period at 3 percent interest from the state printing fund to the general fund in the state treasury.

      2.  The state controller shall for this purpose:

      (a) Establish the necessary schedule of equal payments, including both installments of principal and annual interest, over the prescribed period; and

      (b) On June 30 of each year transfer the amount of one payment from the state printing fund to the general fund in the state treasury, until the prescribed amount and interest has been fully paid.

      Sec. 17.  NRS 344.100 is hereby amended to read as follows:

      344.100  The state controller and the state treasurer are authorized and directed to transfer from the general fund to the state printing fund any and all moneys appropriated from time to time by the legislature for the support of the [state printing office.] department.

      Sec. 18.  NRS 344.110 is hereby amended to read as follows:

      344.110  1.  The superintendent [of state printing] shall determine the charge to be made for all printing, reproduction and binding, and shall fix a price from time to time that will cover all costs of material and doing the work. For this purpose, he shall establish and maintain a double-entry cost system, showing at least:

      (a) Direct labor costs;

      (b) Direct material costs; and

      (c) Overhead.

      2.  The superintendent [of state printing] shall render bills for each item of printing, reproduction and binding or other charge against the officer or institution ordering the same. The bills shall be audited by the state board of examiners and paid out of the appropriation or fund of the officer or institution chargeable with the same on warrants drawn by the state controller.

      Sec. 19.  NRS 344.120 is hereby amended to read as follows:

      344.120  At the end of each month the superintendent [of state printing] shall pay all moneys received under the provisions of this chapter into the state treasury to the credit of the state printing fund.

      Sec. 20.  NRS 344.130 is hereby amended to read as follows:

      344.130  Except as provided in NRS 616.215, the superintendent [of state printing] shall receive, print, reproduce and bind only such matter and material as may be submitted by those state offices, departments, boards, commissions, institutions and agencies whose funds are deposited, in whole or in part, in the state treasury, and paid out on claims as other claims against the state are paid.

      Sec. 21.  NRS 344.140 is hereby amended to read as follows:

      344.140  All officers, boards, commissioners, trustees, superintendents, regents and directors required by law to make reports to the governor or to the legislature, except the state controller, the state treasurer, the Nevada tax commission, the commissioner of insurance, the board of control of the agricultural experiment station, and the commissioners on uniform state laws, shall send the original drafts of their reports to the superintendent, [of state printing,] who shall order such a number of each of the reports, or part or parts of each of the reports, printed as in his judgment will meet the requirements of law.


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ê1969 Statutes of Nevada, Page 1517 (Chapter 677, AB 698)ê

 

his judgment will meet the requirements of law. The superintendent [of state printing] shall especially see that no matter be printed in more than one report, unless of great public interest.

      Sec. 22.  NRS 344.150 is hereby amended to read as follows:

      344.150  All officers, boards, commissioners, trustees, superintendents, regents and directors are required and directed to have all forms, blanks, envelopes and letterheads necessary for the successful working of the various department, institutions and offices printed [at] by the [state printing office.] department. The superintendent [of state printing] is directed to accept all such work, and to execute and deliver it as promptly as possible.

      Sec. 23.  NRS 344.160 is hereby amended to read as follows:

      344.160  1.  Should any state officer, commissioner, trustee or superintendent consider that the requirements of his office, department or institution demand stationery, blanks, forms or work of any character which cannot be performed in the [state printing office,] department, and if it appear that, through lack of necessary machinery or appliances, the work cannot be done satisfactorily in the [state printing office,] department, the superintendent [of state printing] shall authorize the state officer, commissioner, trustee or superintendent to have the work performed in a commercial printing establishment, the cost of the same to be paid out of the contingent fund provided for the expenses of state officers or out of the fund provided for the support of the commission or institution requiring the work, as the case may be.

      2.  The state controller is directed not to draw his warrant in payment for any printed matter except such as is authorized by subsection 1.

      Sec. 24.  NRS 344.170 is hereby amended to read as follows:

      344.170  1.  Whenever any printed matter printed in the [state printing office] department or in any privately owned and operated printing establishment in the State of Nevada, for any state department, board or farm bureau requires the use of photoengraved plates consisting of copper and zinc halftones and etchings, or halftones and etchings composed of any other metal, the same shall be purchased from some bona fide commercial establishment making or manufacturing the same within the State of Nevada.

      2.  If there is no commercial establishment adequately equipped to furnish such halftones and etchings, then the same may be purchased from any commercial establishment outside of the State of Nevada.

      3.  The state board of examiners shall not approve any claim for payment for work done by any establishment in violation of the provisions of this section.

      4.  The provisions of this section are contingent upon satisfactory services being rendered by all such commercial establishments within the State of Nevada making or manufacturing such halftones or etchings and reasonable charges made therefor. Reasonable charges [shall mean] means a charge not in excess of the amount necessary to be paid for the purchase of such halftones and etchings in similar commercial establishments in other states.

      Sec. 25.  NRS 2.340 is hereby amended to read as follows:

      2.340  1.  The superintendent of [state printing] the department of state printing shall furnish the reporters of decisions with proofsheets for their verification and correction before publication in permanent form.


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ê1969 Statutes of Nevada, Page 1518 (Chapter 677, AB 698)ê

 

their verification and correction before publication in permanent form. The superintendent of [state printing] the department of state printing then shall print immediately each complete supreme court decision in pamphlet form and shall furnish the clerk of the supreme court with as many pamphlet copies of each decision as the clerk determines are necessary for distribution to licensed attorneys, district judges and newspapers of this state. Each decision shall be printed and pamphlet copies returned to the clerk of the supreme court within 14 days, not including the day of delivery, after such decision has been furnished to the superintendent of [state printing] the department of state printing by the clerk of the court. For good cause shown, the chief justice of the supreme court may extend the time within which such decision or decisions may be published.

      2.  At the time of delivering the copy of any decision to the superintendent of [state printing] the department of state printing pursuant to the provisions of NRS 2.320, which shall be immediately after such decision is filed, the clerk of the supreme court shall take a receipt for the same, which receipt shall set forth the date of delivery and the title and number of the case.

      Sec. 26.  NRS 2.380 is hereby amended to read as follows:

      2.380  The superintendent of [state printing] the department of state printing shall cause to be printed upon good paper and in a workmanlike manner, bound in buckram and delivered to the secretary of state a number of copies of each volume of decisions published after February 16, 1967, not less than 750 and sufficient in the opinion of the secretary of state to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.

      Sec. 27.  NRS 205.130 is hereby amended to read as follows:

      205.130  1.  Every person who for himself, or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money or for the payment of any labor claim or claims, or delivery of other valuable property, directed to or drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when in fact such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be guilty of a misdemeanor unless such instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, in which case such person shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment. Any person having been previously convicted three times of a misdemeanor under the provisions of this section, or of any offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who shall violate this section shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.


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ê1969 Statutes of Nevada, Page 1519 (Chapter 677, AB 698)ê

 

      2.  The word “credit” as used herein shall be construed to be an arrangement or understanding with the person, firm, corporation, bank or depositary for the payment of such check, order or draft.

      3.  As against the maker or drawer thereof, the making, drawing, uttering or delivering of any check for the purpose of obtaining money, merchandise, property, credit, thing of value or payment of obligation upon any bank, depositary, person, firm or corporation, payment of which is refused by the drawee when presented in the usual course of business because of insufficient funds, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depositary, if such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the protest fees, within 10 days after notice has been sent to the maker or drawer that such check, draft or order has not been paid by the drawee. Such notice shall be sent to the maker or drawer by registered mail, return receipt requested, at the address on the check, draft or order. Return of the notice because of nondelivery to the maker or drawer raises a rebuttable presumption of intent to defraud. Refusal of payment by the drawee because of a nonexistent account is prima facie evidence of intent to defraud.

      4.  If, pursuant to the provisions of this section, a complainant causes a criminal action to be commenced against a person charging such person with a violation of this section, and thereafter the complainant refuses to testify in such action, it shall be presumed from such fact or facts that the complainant has engaged in an act of malicious prosecution or abuse of process.

      5.  A notice in boldface type clearly legible and in substantially the following form shall be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:

 

       The issuance of a check or checks without funds or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both such fine and imprisonment, and the issuance of such a check or checks in an amount of $100 or more or by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

 

Such notice shall be prepared and copies thereof supplied on demand by the superintendent of [state printing. The superintendent of state printing shall be entitled to] the department of state printing, who may charge a fee based on cost for each copy of such notice supplied to any person.

      Sec. 28.  NRS 218.280 is hereby amended to read as follows:

      218.280  All bills and resolutions shall be introduced in triplicate; and one copy of each bill or resolution shall be marked “original,” one shall be marked “duplicate,” and one shall be marked “triplicate.” The copy marked “duplicate” shall be sent to the superintendent of [state printing] the department of state printing for the purpose of printing, and the copy marked “triplicate” shall be referred to the legislative counsel.


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ê1969 Statutes of Nevada, Page 1520 (Chapter 677, AB 698)ê

 

printing] the department of state printing for the purpose of printing, and the copy marked “triplicate” shall be referred to the legislative counsel.

      Sec. 29.  NRS 218.290 is hereby amended to read as follows:

      218.290  1.  The superintendent of [state printing] the department of state printing shall print as many copies of every bill, resolution or fiscal note for any bill introduced in either house of the legislature as shall be authorized by the secretary of the senate and the chief clerk of the assembly.

      2.  In printing bills and resolutions the superintendent of [state printing] the department of state printing is authorized:

      (a) To set the style and form of the printing.

      (b) To correct all errors in spelling or punctuation in the copy furnished him.

      (c) To supply the enacting clause if omitted.

      3.  No change shall be made by the superintendent of [state printing] the department of state printing which shall in any way vary the apparent meaning of a bill or resolution.

      Sec. 30.  NRS 218.300 is hereby amended to read as follows:

      218.300  The superintendent of [state printing] the department of state printing shall, immediately after receipt of the copy of any bill or resolution, print, in addition to the regular authorized number, one copy thereof upon heavy buff paper, which copy shall be delivered to the secretary of the senate or to the chief clerk of the assembly. Before the third reading and final passage of the bill or resolution, the legislative counsel shall carefully compare the printed or reprinted copy of the bill or resolution with the triplicate copy thereof and the original amendments as adopted by the house, and, if the printed or reprinted copy is found to be in all respects correct, the legislative counsel shall then certify to the correctness of the bound copy and shall deliver the same to the secretary of the senate or the chief clerk of the assembly as the case may be; whereupon the bound copy printed upon buff paper, so compared and certified, shall be ready for third reading and final passage.

      Sec. 31.  NRS 218.350 is hereby amended to read as follows:

      218.350  1.  The legislative counsel shall transmit copies of passed bills or resolutions without delay, in the order of their receipt, to the superintendent of [state printing,] the department of state printing, taking his receipt therefor. The receipt shall bear the date of delivery and give the bill or resolution number.

      2.  The superintendent of [state printing] the department of state printing shall without delay enroll (print) the bills or resolutions in the order of their receipt by him, and they shall be printed in enrolled form, retaining symbols indicating amendments to existing law only. In printing enrolled bills amending existing law, the superintendent of [state printing,] the department of state printing, in cooperation with the legislative counsel, shall cause to be printed between brackets the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendment; and shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by the passage of such amendment.

      3.  In ascertaining the correct reading, status and interpretation of an enrolled bill amending existing law, the matter inserted within brackets shall be omitted, and the matter in italics shall be read and interpreted as part of the enrolled bill.


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ê1969 Statutes of Nevada, Page 1521 (Chapter 677, AB 698)ê

 

enrolled bill amending existing law, the matter inserted within brackets shall be omitted, and the matter in italics shall be read and interpreted as part of the enrolled bill.

      4.  At least one enrolled copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills and resolutions, shall be printed on bond paper, and the superintendent of [state printing] the department of state printing shall deliver the enrolled copy of the bill or resolution to the legislative counsel. The legislative counsel shall then carefully compare the enrolled copy with the official engrossed copy, and if the enrolled copy is found to be correct the legislative counsel shall present it to the proper officers for their signatures. When the officers sign their names thereon, as required by law, it is enrolled. The official engrossed copy may by resolution be used as the enrolled bill.

      Sec. 32.  NRS 218.450 is hereby amended to read as follows:

      218.450  The superintendent of [state printing] the department of state printing shall:

      1.  Maintain a bill filing and mailing room.

      2.  File all bills, resolutions, daily journals and other papers as may be ordered by the senate or assembly.

      3.  Receive from the senate or assembly all matter ordered by either house to be printed and bound, or either printed or bound, and shall keep a record of the same and of the order in which it may be received. When the work is executed he shall deliver the finished sheets or volumes to the sergeant-at-arms of either house as the case may be, or to any person authorized to receive them.

      4.  Receive from the legislative counsel and print, or preset the type for printing, legislative measures prior to their introduction.

      5.  Perform such duties in connection with the filing and distribution of bills, resolutions, daily journals and other papers as may be required by law or the rules or special orders of either house of the legislature.

      Sec. 33.  NRS 218.460 is hereby amended to read as follows:

      218.460  1.  All requests for mailing or distribution of bills and legislative publications shall be filed with the superintendent of [state printing.] the department of state printing. He shall print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements.

      2.  No complete set of bills or other legislative publications shall be delivered except upon payment therefor of a sum fixed by the superintendent of [state printing,] the department of state printing, nor shall more than two copies of any single bill or other legislative publication be distributed free to any person, office or organization, except to:

      (a) Members of the legislature.

      (b) The secretary of the senate and the chief clerk of the assembly for the proper functioning of their respective houses.

      (c) The legislative counsel bureau.

      (d) Offices of all elected state, county, township, school and municipal officials.

      (e) Offices of all state agencies and departments.

      (f) Justices and the clerk of the supreme court.

      (g) Judges and clerks of the district courts.

      (h) The Library of Congress.


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ê1969 Statutes of Nevada, Page 1522 (Chapter 677, AB 698)ê

 

      (i) County and city libraries and libraries of the University of Nevada System.

      (j) Accredited members of the press.

      3.  The superintendent of [state printing] the department of state printing shall fix the cost of such bills and publications, including postage, and such moneys as may be received by him shall be remitted to the state printing fund.

      4.  The costs of such distributions, including postage, shall be paid from the legislative fund.

      Sec. 34.  NRS 218.470 is hereby amended to read as follows:

      218.470  1.  During each session of the legislature, the superintendent of [state printing] the department of state printing shall print daily in separate book form a sufficient number of copies of the journal of the previous day’s proceedings of each house to supply the members and officers of both houses. The secretary of the senate and the chief clerk of the assembly shall determine the number of copies necessary for their respective houses.

      2.  One copy of the daily journal of each house, upon its approval by the house, shall be authenticated as so approved by the presiding officer and the secretary or chief clerk as the case may be. Upon final adjournment of the legislature the authenticated copies of the daily journal of each house for the entire session shall be properly bound in separate volumes and deposited in the office of the secretary of state as the official journals of both houses of the legislature.

      Sec. 35.  NRS 218.480 is hereby amended to read as follows:

      218.480  1.  Whenever any message, report or other document in pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of [state printing] the department of state printing for binding with the journals of the senate and assembly.

      2.  At the end of each session of the legislature, 125 copies of the journals shall be printed, indexed and bound in book form in the same style as those of the 1927 session of the legislature. The journal of each house shall be bound separately.

      3.  At the end of each session of the legislature, 50 copies of the appendices shall be printed and bound in book form in the same style as those of the 1927 session of the legislature.

      4.  The director of the legislative counsel bureau shall direct the compilation of the journal indices, and shall deliver the completed journal indices to the superintendent of the department of state printing.

      5.  The bound volumes shall be delivered to the secretary of state and shall constitute the journals of the senate and the assembly.

      6.  Each member of the legislature of which such journals are the record shall be entitled to one copy of the senate journal and one copy of the assembly journal.

      Sec. 36.  NRS 218.500 is hereby amended to read as follows:

      218.500  1.  The secretary of state shall furnish to the superintendent of [state printing,] the department of state printing, within 3 days from the time he receives the same from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.


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ê1969 Statutes of Nevada, Page 1523 (Chapter 677, AB 698)ê

 

      2.  The superintendent of [state printing] the department of state printing shall:

      (a) Distribute one copy of each act as printed to each county clerk, county auditor, district judge, district attorney and justice of the peace in this state, and an appropriate number of copies to the director of the legislative counsel bureau.

      (b) Immediately upon the adjournment of the session, collect, print and bind advance sheets of all acts, resolutions and memorials passed at the session.

      (c) Distribute one copy of the advance sheets, without charge, to each county clerk, county auditor, district judge, district attorney and justice of the peace in the state, and an appropriate number of copies to the director of the legislative counsel bureau; and establish the price at which the advance sheets shall be sold to other persons.

      3.  The director of the legislative counsel bureau shall, immediately upon the adjournment of the session, prepare and deliver to the superintendent of [state printing] the department of state printing an index of all acts, resolutions and memorials passed at the session.

      4.  The superintendent of [state printing,] the department of state printing, upon receipt of the index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.

      Sec. 37.  NRS 218.520 is hereby amended to read as follows:

      218.520  1.  The superintendent of [state printing] the department of state printing is authorized to set the style and form of the printing of the bound volumes of the Statutes of Nevada.

      2.  In printing the section or part of the law reenacted in an amendatory law, he shall cause to be printed between brackets or in strike-out type the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendments as the same appears in the enrolled bill. He shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by passage of such amendment.

      3.  In ascertaining the correct reading, status and interpretation of an amendatory law, the matter in italics shall be read and interpreted as part of the law.

      Sec. 38.  NRS 220.130 is hereby amended to read as follows:

      220.130  1.  Upon completion of Nevada Revised Statutes, the legislative counsel is authorized and directed to have the same printed, lithoprinted or reproduced by any other process [at] by the [state printing office.] department of state printing. The legislative commission shall determine the number of copies which shall be printed or reproduced of each page of:

      (a) Each volume of Nevada Revised Statutes;

      (b) Each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision; and

      (c) Each volume of the digest of cases decided by the Nevada supreme court.

      2.  Upon completion of the final printing or other reproduction the separate volumes shall be bound as required in this chapter and retained by the legislative counsel for safekeeping and disposition. The secretary of state shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the general fund.


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ê1969 Statutes of Nevada, Page 1524 (Chapter 677, AB 698)ê

 

of state shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the general fund.

      3.  A master copy of Nevada Revised Statutes shall be kept in the office of the legislative counsel, and the master copy shall not be removed from the office except in the custody of the legislative counsel.

      Sec. 39.  NRS 220.140 is hereby amended to read as follows:

      220.140  The legislative counsel bureau shall reimburse the superintendent of [state printing] the department of state printing from the appropriations heretofore and hereafter made for the cost of printing or reproduction required by this chapter.

      Sec. 40.  NRS 281.010 is hereby amended to read as follows:

      281.010  1.  The following officers shall be elected:

      (a) A governor.

      (b) A lieutenant governor.

      (c) Two United States Senators.

      (d) The number of members of the House of Representatives of the United States to which this state may be entitled.

      (e) The number of presidential electors to which this state may be entitled.

      (f) Five justices of the supreme court.

      (g) District judges, as provided in NRS 3.010.

      (h) Senators and members of the assembly.

      (i) A secretary of state.

      (j) A state treasurer.

      (k) A state controller.

      (l) An attorney general.

      (m) [A superintendent of state printing.

      (n)] An inspector of mines.

      [(o)](n) Other officers whose elections are provided for by law.

      [(p)](o) For each county, and the equivalent officers for Carson City:

             (1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.

             (2) One sheriff.

             (3) One district attorney.

             (4) One public administrator, except where otherwise provided by law.

             (5) One county assessor.

             (6) One county treasurer.

             (7) One county surveyor.

             (8) The number of county commissioners as provided by law.

             (9) One county recorder, who shall be ex officio county auditor.

             (10) Justices of the peace.

             (11) Constables, except where otherwise provided by law.

      2.  The following officers shall be appointed:

      (a) Notaries public.

      (b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.

      (c) All officers who are not elected.


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ê1969 Statutes of Nevada, Page 1525 (Chapter 677, AB 698)ê

 

      Sec. 41.  (Deleted by amendment.)

      Sec. 42.  NRS 345.020 is hereby amended to read as follows:

      345.020  Upon receipt of copies of each volume of Nevada Reports from the superintendent of [state printing,] the department of state printing, as provided in NRS 2.380, the secretary of state shall distribute them as follows:

      1.  To each of the judges of the District Court of the United States for the District of Nevada, one copy.

      2.  To the Nevada state library, two copies.

      3.  To each state officer, justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, and justice of the peace in this state, one copy.

      4.  To each public library in this state, one copy.

      5.  To the Nevada historical society, one copy.

      Sec. 43.  NRS 360.110 is hereby amended to read as follows:

      360.110  All forms, blanks, envelopes, letterheads, circulars and reports required to be printed by the Nevada tax commission shall be printed [at] by the [state printing office] department of state printing under the general provisions of chapter 344 of NRS.

      Sec. 44.  NRS 382.050 is hereby amended to read as follows:

      382.050  1.  The superintendent of [state printing] the department of state printing shall cause such number of copies of historical papers issued by the society to be printed as may be ordered by the society. When printed, the copies shall be delivered to the executive secretary of the Nevada historical society to be sold for the society’s benefit, to be exchanged, or to be distributed to its members.

      2.  All plates for illustrating any volume shall be furnished to the superintendent of [state printing] the department of state printing by the society, and the costs of printing, binding and transportation shall be paid by the society.

      3.  The society may sell pamphlets or books prepared solely by or printed for the society which shall be for the purpose of disseminating general or historical information only. The society may deposit the proceeds of such sales in an insured commercial bank account.

      4.  Funds received by the society from donations, grants or any other source may be deposited in the account provided for in subsection 3. Expenditures of such funds shall be limited to the purpose of the donation, grant or other source of the fund.

      5.  Checks on the account provided for in subsection 3 may be drawn, and negotiable items endorsed for deposit, by two signatures, one of which shall be that of a trustee and one of which may be that of an employee. All other claims and disbursements on behalf of the society shall be signed by at least two trustees.

      Sec. 45.  NRS 385.130 is hereby amended to read as follows:

      385.130  The board shall cause the superintendent of [state printing] the department of state printing to do any printing required by the board, such as Title 34 of NRS, state courses of study, the proceedings of teachers’ institutes, blank forms, and such other matter as the board may require. Textbooks shall not be printed by the superintendent of [state printing.] the department of state printing.

      Sec. 46.  NRS 385.140 is hereby amended to read as follows:


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ê1969 Statutes of Nevada, Page 1526 (Chapter 677, AB 698)ê

 

      385.140  The board may publish a bulletin as the official organ of the state department of education. The bulletin may be mimeographed, printed, or reproduced by any other method in the [state printing office,] department of state printing, within the funds available for such purpose.

      Sec. 47.  NRS 385.210 is hereby amended to read as follows:

      385.210  The superintendent of public instruction shall:

      1.  Prepare a convenient form of school register for the purpose of securing accurate returns from the teachers of public schools, and shall furnish such registers to each school board to be delivered as needed to each of the teachers of its schools.

      2.  Prepare pamphlet copies of the school law, and shall transmit a copy to each school, school trustee, and other school officer in the state. When additions or amendments are made to the school law, he shall have them printed and transmitted immediately thereafter. Each pamphlet shall be marked “State property-to be turned over to your successor in office.”

      3.  Prepare and have printed teachers’ contracts, school registers, and other necessary forms and supplies, and shall supply the same to school trustees and teachers.

      4.  Have done [at the state printing office] , by the department of state printing in accordance with law, all printing required in the performance of his duties.

      Sec. 48.  NRS 396.620 is hereby amended to read as follows:

      396.620  1.  In addition to his other duties as fixed by law, the president of the university shall cause to be analyzed by an assistant, teacher or teachers employed at the university any ores, minerals, soil or water taken from within the boundaries of the State of Nevada, and sent by any citizen of the State of Nevada for that purpose. The work shall be restricted to both Nevada samples and citizens, and limited in number as prescribed in NRS 396.620 to 396.660, inclusive. Persons sending samples from post offices in states bordering Nevada may be required to furnish evidence that their samples are taken in Nevada and that they are Nevada citizens. Any citizen of the state may send any such substance as has been described, within the limitations as provided, and have the same analyzed free of charge, and the results of the same mailed to him within 10 working days after it has been received, provided he has supplied the university with the information for its records as provided in this section. The report sent him shall also contain as nearly as possible an explanation of their uses and market value.

      2.  There shall be kept at the university a record, open for inspection, under such rules as may be made by the board of regents, of all minerals, ores or other matters so sent, with a history of such minerals or other matters, stating the name and residence of the person or persons from whom received, as nearly as possible the location from which the material was taken, including the district and county, and all other matters touching the same that may be beneficial. This information for the records may be required to be filed with the university before any work is done on the material sent, and the 10-day limit for reports will count from the time such data is received at the university. Blanks for the same shall be printed [at the state printing office] by the department of state printing and distributed free.


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ê1969 Statutes of Nevada, Page 1527 (Chapter 677, AB 698)ê

 

      3.  A portion of the sample analyzed shall be kept at the university for a period of 3 months after the report is sent out, in case any question should arise in relation to the report or additional information be desired, after which period samples may be destroyed or used for any desirable purpose.

      Sec. 49.  NRS 408.230 is hereby amended to read as follows:

      408.230  The superintendent of [state printing] the department of state printing shall prepare and furnish such stationery and printing, including all such reports, statistics, forms, instruments and accounts as may be necessary for the use of the department and its offices upon the requisition of the engineer. Charges and payments for such shall be made as provided in NRS 344.110.

      Sec. 50.  NRS 501.205 is hereby amended to read as follows:

      501.205  The superintendent of [state printing] the department of state printing shall furnish all printing required for the commission under the provisions of this Title, as provided in chapter 344 of NRS.

      Sec. 51.  NRS 533.140 is hereby amended to read as follows:

      533.140  1.  As soon as practicable after the expiration of the period fixed in which proofs may be filed, the state engineer shall assemble all proofs which have been filed with him, and prepare and certify an abstract of all such proofs, which shall be printed in the [state printing office.] department of state printing. The state engineer shall also prepare from the proofs and evidence taken or given before him or obtained by him, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.

      2.  When the abstract of proofs and the preliminary order of determination shall be completed, the state engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with him and the proofs of claims shall be open to the inspection of all interested persons, the period of inspection to be not less than 20 days. The notice shall be deemed an order of the state engineer as to the matters contained therein.

      3.  A copy of the notice, together with a printed copy of the preliminary order of determination and a printed copy of the abstract of proofs, shall be delivered by the state engineer, or sent by registered or certified mail, at least 30 days prior to the first day of such period of inspection, to each person who has appeared and filed proof, as herein provided.

      4.  The state engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proof as have been filed with or taken by him in accordance with this chapter.

      Sec. 52.  NRS 533.160 is hereby amended to read as follows:

      533.160  1.  As soon as practicable after the hearing of objections to the preliminary order of determination, the state engineer shall make and cause to be entered of record in his office an order of determination, defining the several rights to the waters of the stream or stream system. The order of determination, when filed with the clerk of the district court as provided in NRS 533.165, shall have the legal effect of a complaint in a civil action.

      2.  The order of determination shall be certified by the state engineer and as many copies as required printed in the [state printing office.]


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ê1969 Statutes of Nevada, Page 1528 (Chapter 677, AB 698)ê

 

department of state printing. A copy of the order of determination shall be sent by registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145.

      Sec. 53.  NRS 584.235 is hereby amended to read as follows:

      584.235  The commissioner of food and drugs shall make uniform rules and regulations for the proper enforcement of NRS 584.215 to 584.285, inclusive, and the same shall be printed in the [state printing office] department of state printing and distributed by the commissioner of food and drugs upon application therefor to licensed or other dairymen, creameries and other persons interested in the same.

      Sec. 54.  NRS 598.030 is hereby amended to read as follows:

      598.030  1.  As used in this section:

      (a) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.

      (b) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant’s premises.

      (c) “Premises” means any establishment or part thereto wherein merchandise is displayed, held or offered for sale.

      2.  Any merchant shall have the right to request any individual on his premises to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant shall be criminally or civilly liable on account of having made such a request.

      3.  Any merchant who has probable cause for believing that merchandise has been wrongfully taken by an individual and that he can recover such merchandise by taking such individual into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the individual into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. Such taking into custody and detention by a merchant shall not render such merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such taking into custody and detention are unreasonable under all the circumstances.

      4.  No merchant shall be entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:

 

       Any merchant or his agent who has probable cause for believing that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of notifying a peace officer. Nevada Revised Statutes, section 598.030.

 

Such notice shall be prepared and copies thereof supplied on demand by the superintendent of [state printing.] the department of state printing. The superintendent of [state printing] the department of state printing shall be entitled to charge a fee based on cost for each copy of such notice supplied to any person.


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ê1969 Statutes of Nevada, Page 1529 (Chapter 677, AB 698)ê

 

shall be entitled to charge a fee based on cost for each copy of such notice supplied to any person.

      Sec. 55.  NRS 607.090 is hereby amended to read as follows:

      607.090  All forms, blanks, envelopes, letterheads, circulars, bulletins and reports required to be printed by the labor commissioner shall be printed [at the state printing office] by the department of state printing as required by the provisions of chapter 344 of NRS.

      Sec. 56.  NRS 607.100 is hereby amended to read as follows:

      607.100  With the approval of the state board of examiners, the labor commissioner is authorized to compile and issue such bulletins pertaining to labor and industries of the state as he may deem necessary. When approved for printing and distribution, such bulletins shall be printed [at the state printing office.] by the department of state printing.

      Sec. 57.  NRS 616.215 is hereby amended to read as follows:

      616.215  Except in cases of emergency, all necessary printing, including forms, blanks, envelopes, letterheads, circulars, pamphlets, bulletins and reports required to be printed by the commission shall be done [at the state printing office.] by the department of state printing.

      Sec. 58.  NRS 626.240 is hereby amended to read as follows:

      626.240  1.  The inspector of mines shall prescribe a form of license to be issued by the district examining boards.

      2.  Within the provisions of chapter 344 of NRS, the superintendent of [state printing] the department of state printing shall:

      (a) Supply the forms required by the inspector of mines.

      (b) Furnish such other printed matter in quantities required to carry out the provisions of this chapter.

      Sec. 59.  NRS 703.200 is hereby amended to read as follows:

      703.200  Except in cases of emergency, all the necessary printing of the commission shall be done [at the state printing office.] by the department of state printing. The superintendent of [state printing] the department of state printing shall have such printing done as expeditiously as possible.

      Sec. 60.  (Deleted by amendment.)

      Sec. 61.  NRS 344.010 and 344.020 are hereby repealed.

      Sec. 62.  The superintendent of state printing shall be ex officio superintendent of the department of state printing.

      Sec. 63.  1.  Sections 9, 62 and 63 of this act shall be effective upon passage and approval.

      2.  Sections 7 and 61 of this act shall become effective upon the expiration of the present term of the superintendent of state printing, or upon the present incumbent’s vacating the office, whichever occurs first.

      3.  Sections 1 to 6, inclusive, and sections 10 to 60, inclusive, of this act, shall become effective at 12:04 a.m. on July 1, 1969.

 

________


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ê1969 Statutes of Nevada, Page 1530ê

 

CHAPTER 678, AB 763

Assembly Bill No. 763–Committee on Government Affairs

CHAPTER 678

AN ACT relating to county populations; changing the population basis for the exercise of powers by local governments when based upon population; and providing other matters properly relating thereto.

 

[Approved May 4, 1969]

 

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

do enact as follows:

 

      Section 1.  NRS 6.045 is hereby amended to read as follows:

      6.045  1.  The district court in and for any county with a population of [75,000] 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may by rule of court designate the clerk of the court or one of his deputies as jury commissioner, and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.

      2.  If a jury commissioner is so selected, he shall in January of each year estimate the number of trial jurors which will be required for attendance on the district court until the next annual selection, and shall select such number from the qualified electors of the county not exempt by law from jury duty, whether registered as voters or not. He shall keep a record of the name, occupation and address of each person so selected.

      Sec. 2.  NRS 62.123 is hereby amended to read as follows:

      62.123  1.  The judge or judges of each judicial district which includes a county having a population of [120,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall appoint a director of juvenile services directly responsible to the court to coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to, the welfare division of the department of health, welfare and rehabilitation, the public schools of the judicial district, all law enforcement agencies of the judicial district, the probation committee, and detention home or facilities of the judicial district. The director of juvenile services shall serve as administrative officer of the juvenile court and shall relieve the judge or judges of all administrative duties in connection therewith.

      2.  The director of juvenile services shall be appointed with the consent of the board or boards of county commissioners of the county or counties served by the judicial district from a list of candidates provided to the board or boards by the probation committee.

      3.  The director of juvenile services shall serve at the pleasure of the court and be subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the judge to answer thereto.

      4.  The director of juvenile services shall have such staff of employees to assist in the performance of his duties as the probation committee finds necessary.

      5.  The salaries of the director of juvenile services and his staff of employees shall be fixed by the board or boards of county commissioners of the county or counties served by the judicial district.


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ê1969 Statutes of Nevada, Page 1531 (Chapter 678, AB 763)ê

 

employees shall be fixed by the board or boards of county commissioners of the county or counties served by the judicial district.

      Sec. 3.  NRS 62.180 is hereby amended to read as follows:

      62.180  1.  Provisions shall be made for the temporary detention of children in a detention home to be conducted as an agency of the court or in some other appropriate public institution or agency; or the court may arrange for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.

      2.  Authority hereby is granted for any county to provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home for the temporary detention of children, subject to the provisions of this chapter; provided:

      (a) That in counties of over [20,000] 100,000 population, the boards of county commissioners are directed to provide the detention facilities, as aforesaid, within 2 years after March 15, 1949; and

      (b) That two or more counties, without regard to their respective populations, may provide a combined detention home, as aforesaid, under suitable terms agreed upon between the respective boards of county commissioners and the juvenile court judges regularly sitting in the judicial districts covering the counties.

      3.  Any detention home, built and maintained under the authority of this chapter, shall be constructed and conducted as nearly like a home as possible, and shall not be deemed to be or treated as a penal institution, nor, in counties of over [20,000] 100,000 population, shall it be adjoining or on the same grounds as a prison, jail or lockup.

      4.  Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 4.  NRS 244.013 is hereby amended to read as follows:

      244.013  1.  In each county having a population of [50,000] 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, five county commissioners shall be elected in the manner provided in this section and NRS 244.033.

      2.  Two county commissioners shall be elected from among the residents of the incorporated city within the county at which the county seat is located by the residents of such city.

      3.  One county commissioner shall be elected from among the residents of the other incorporated cities in the county by the residents of such cities.

      4.  One county commissioner shall be elected from among the residents of the unincorporated areas of the county by the residents of such areas.

      5.  One county commissioner shall be elected at large within the county.

      Sec. 5.  NRS 244.025 is hereby amended to read as follows:

      244.025  1.  County commissioners shall be elected by the qualified electors of their respective counties.


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

ê1969 Statutes of Nevada, Page 1532 (Chapter 678, AB 763)ê

 

      2.  At the general election held in 1968 and at the general election every 4 years thereafter, two persons shall be elected to serve on the board of county commissioners for terms of 4 years.

      3.  At the general election held in 1970 and at the general election held every 4 years thereafter, one person shall be elected to serve on the board of county commissioners for a term of 4 years.

      4.  This section shall not apply to counties having a population of [50,000 or more.] 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 6.  NRS 244.033 is hereby amended to read as follows:

      244.033  1.  Terms of county commissioners in counties having a population of [50,000 or more] 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall be as provided in this section.

      2.  At the general election in 1960 there shall be elected:

      (a) One person who resides at the county seat and one person who resides in an unincorporated area of the county for terms of 2 years.

      (b) One person who resides at the county seat and one person who resides in an incorporated city which is not the county seat for terms of 4 years.

      3.  At the general election in 1962 there shall be elected one person who resides at the county seat, one person who resides in an unincorporated area of the county and one person at large within the county for terms of 4 years.

      4.  Thereafter, at each general election, the office of county commissioner shall be filled for terms of 4 years in the order in which the terms of office expire.

      Sec. 7.  NRS 244.050 is hereby amended to read as follows:

      244.050  1.  Whenever a number of registered voters equal to 35 percent or more of the number of persons registered to vote at the last preceding general election in any county in this state having less than [50,000 population] 100,000 population as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall petition the board of county commissioners of their county to divide the county into three commissioner districts, the question shall be submitted to the qualified electors of the county for approval or disapproval at the next succeeding general election. If a majority of the voters voting on such question approve the division, the board of county commissioners shall divide the county into three commissioner districts on or before the 1st Monday in July preceding each general election. Such division shall be made to conform to the established boundaries of election precincts or wards, and each election precinct or ward shall be wholly within one of the commissioner districts herein provided for. Each commissioner district shall embrace, as near as may be, one-third of the voting population of the county, to be determined by the vote cast at the last general election, and shall consist of adjoining precincts; but in case not more than three election precincts or wards exist in the county, then each election precinct or ward shall constitute a commissioner district.


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

ê1969 Statutes of Nevada, Page 1533 (Chapter 678, AB 763)ê

 

      2.  The board of county commissioners shall provide by resolution for the dates of election of commissioners from newly created districts, in such manner as to secure the earliest representation of each district as the terms of incumbent commissioners expire.

      3.  The board of county commissioners shall cause to be published in some newspaper in the county, if there be one, and if not, then by posting at the door of the courthouse and one or more conspicuous places in each of the commissioner districts, a notice specifying the election precincts or wards embraced in each of the commissioner districts so established. Such notice shall be posted or published for a period of not less than 20 days prior to each general election.

      4.  County commissioners shall be elected at large by the qualified electors of the county.

      5.  Such commissioner districts, regardless of when created, may be abolished by petition and election in the same manner as provided for their creation in subsection 1.

      6.  Upon the abolition of commissioner districts the incumbent county commissioners shall be entitled to serve the remainder of the terms for which they were elected or appointed, and thereafter county commissioners shall be elected at large from within the county.

      Sec. 8.  NRS 244.164 is hereby amended to read as follows:

      244.164  1.  In each county having a population of [120,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of county commissioners shall have the power to create the office of registrar of voters, to prescribe the qualifications, duties and compensation of such office and to make appointments to such office.

      2.  The registrar of voters, upon appointment as provided in subsection 1, shall assume all of the powers and duties heretofore vested in and imposed upon the county clerk of such county with respect to elections, except the duties imposed by virtue of NRS 293.393 to make out and deliver certificates of election.

      Sec. 9.  NRS 244.3081 is hereby amended to read as follows:

      244.3081  1.  In addition to powers elsewhere conferred upon counties, any county having a population of [75,000] 100,000 or more, as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce, is authorized and empowered:

      (a) To establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better recreational and park facilities and buildings therefor, and improvements incidental thereto;

      (b) To equip and furnish the same;

      (c) To acquire suitable sites or grounds, or any interests therein, for any such recreational or park facilities; and

      (d) To operate and maintain such facilities and to sell and otherwise dispose of such facilities.

      2.  Recreational and park facilities shall be deemed to include, without limiting the generality of the provisions of subsection 1, such buildings, incidental improvements, equipment, furnishings, sites and grounds, or interest therein, as are used for such recreational and park purposes.


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ê1969 Statutes of Nevada, Page 1534 (Chapter 678, AB 763)ê

 

      Sec. 10.  NRS 244.366 is hereby amended to read as follows:

      244.366  1.  The board of county commissioners of any county having a population of [85,000 or more] 200,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall have the power, outside of the limits of incorporated cities and towns:

      (a) To construct, acquire by gift, purchase or the exercise of eminent domain, otherwise acquire, reconstruct, improve, extend, better and repair water and sewer facilities, such as:

             (1) A water system, including but not limited to water mains, conduits, aqueducts, pipelines, ditches, canals, pumping stations, and all appurtenances and machinery necessary or useful and convenient for obtaining, transporting or transferring water.

             (2) A water treatment plant, including but not limited to reservoirs, storage facilities, and all appurtenances necessary or useful and convenient thereto for the collection, storage and treatment, purification and disposal of water for domestic uses and purposes.

             (3) A storm sewer or sanitary sewage collection system, including but not limited to intercepting sewers, outfall sewers, force mains, collecting sewers, storm sewers, combined sanitary and storm sewers, pumping stations, ejector stations, and all other appurtenances necessary, useful or convenient for the collection, transportation and disposal of sewage.

             (4) A sewage treatment plant, including but not limited to structures, buildings, machinery, equipment, connections and all appurtenances necessary, useful or convenient for the treatment, purification or disposal of sewage.

      (b) To acquire, by gift, purchase or the exercise of the right of eminent domain, lands or rights in land or water rights in connection therewith, including but not limited to easements, rights-of-way, contract rights, leases, franchises, approaches, dams and reservoirs.

      (c) To operate and maintain any such water facilities, sewer facilities, lands, rights in land and water rights.

      (d) To sell, lease, donate for public use and otherwise dispose of such water facilities, sewer facilities, lands, rights in land and water rights.

      (e) To prescribe and collect rates, fees, tolls or charges, including but not limited to the levy or assessments of such rates, fees, tolls or charges against governmental units, departments or agencies, including the State of Nevada and political subdivisions thereof, for the services, facilities and commodities furnished by such water facilities and sewer facilities, and to provide methods of collections, and penalties, including but not limited to denial of service, for nonpayment of such rates, fees, tolls or charges.

      (f) To provide it is unlawful for any persons, associations and corporations owning, occupying or in any way controlling any building or other structure, any part of which is within 400 feet of any street, alley, court, passageway, other public highway, right-of-way, easement or other alley owned or occupied by the county in which a public sewer is then in existence and use, to construct, otherwise acquire, to cause or permit to be constructed or otherwise acquired, or to use or continue to use any private sewage disposal plant, privy vault, septic tank, cesspool or other private sewage system, upon such terms and conditions as the board of county commissioners may provide.


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

ê1969 Statutes of Nevada, Page 1535 (Chapter 678, AB 763)ê

 

      (g) To provide for the disconnection of plumbing facilities from any such private sewage facilities and for the discontinuance and elimination of such private sewage facilities.

      2.  The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.

      3.  This section being necessary to secure and preserve the public health, safety and convenience and welfare, it shall be liberally construed to effect its purpose.

      4.  Any person, association or corporation violating any of the provisions of any ordinance adopted pursuant to this section shall be guilty of a misdemeanor.

      Sec. 11.  NRS 244.645 is hereby amended to read as follows:

      244.645  1.  Whenever the board of county commissioners of any county or the board of supervisors of Carson City desires the powers granted in NRS 244.640 to 244.780, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive. After approval of the resolution, the county or city clerk shall:

      (a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county or city; and

      (b) In the case of a county, cause a certified copy of the resolution to be mailed by registered mail to the mayor or other chief executive officer of each incorporated city within the county.

      2.  In counties having a population of [120,000] 200,000 or more, the county fair and recreation board shall be selected as provided in NRS 244.7802. In counties having a population of [30,000 or more and less than 120,000,] 100,000 or more and less than 200,000, the most populous incorporated city in the county shall be represented on the county fair and recreation board by two members, and the next most populous incorporated city by one member. In counties having a population of 11,000 or more and less than [30,000,] 100,000, and in which there is one or more incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member and any incorporated city which is the county seat shall be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered mail to the county clerk. In counties having a population of less than 11,000, any incorporated city which is the county seat shall be represented by one member, who shall be appointed and certified as provided in this section, and the board of county commissioners shall appoint three representatives as follows:

 


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

ê1969 Statutes of Nevada, Page 1536 (Chapter 678, AB 763)ê

 

and the board of county commissioners shall appoint three representatives as follows:

      (a) One member to represent the motel operators in the county.

      (b) One member to represent the hotel operators in the county.

      (c) One member to represent the other commercial interests in the county.

      3.  In counties having a population of [30,000 or more and less than 120,000,] 100,000 or more and less than 200,000, two members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office. In counties having a population of less than [30,000,] 100,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.

      4.  Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      5.  In Carson City the board of supervisors shall appoint five representatives to the fair and recreation board established as provided in subsection 1 as follows:

      (a) Two members to represent the hotel and motel operators in the city.

      (b) One member to represent the other commercial interests in the city.

      (c) One member who is a member of the board of supervisors.

      (d) One member to represent the city at large.

      Sec. 12.  NRS 244.660 is hereby amended to read as follows:

      244.660  1.  Whenever any county fair and recreation board has been organized or reorganized, each member thereof shall file with the county clerk:

      (a) His oath of office.

      (b) A corporate surety bond furnished at county expense, in an amount not to exceed $1,000, and conditioned for the faithful performance of his duties as a member of the board.

      2.  Except as provided in subsection 3, no member shall receive any compensation as an employee of the board or otherwise, and no member of the board shall be interested in any contract or transaction with the board or the county except in his official representative capacity.

      3.  Each member of a board created and existing in a county having a population of [120,000] 200,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall receive $100 per month or $25 for each regular board meeting attended, whichever is less.

      Sec. 13.  NRS 244.687 is hereby amended to read as follows:

      244.687  Notwithstanding any other provision of law, no county fair and recreation board in a county having a population of [30,000 or more and less than 120,000] 100,000 or more and less than 200,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall acquire, purchase, lease, sell, or dispose of any real property or engage in any other transac tion relating to real property without prior approval of the board of county commissioners.


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ê1969 Statutes of Nevada, Page 1537 (Chapter 678, AB 763)ê

 

tion relating to real property without prior approval of the board of county commissioners.

      Sec. 14.  NRS 244.760 is hereby amended to read as follows:

      244.760  1.  Except for revenue bonds, the maximum bonding limit of any county having a population of [120,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, for such county recreational purposes under the provisions of NRS 244.640 to 244.780, inclusive, shall be 5 percent of the total last-assessed valuation of the taxable property of the county, and no such county shall issue bonds for such recreational purposes, excluding revenue bonds, in an amount which will increase the total bonded indebtedness of the county incurred for all purposes to an amount in excess of 10 percent of the valuation.

      2.  Except for revenue bonds, the maximum bonding limit of any county having a population of less than [120,000,] 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, for such county recreational purposes under the provisions of NRS 244.640 to 244.780, inclusive, shall be 3 percent of the total last-assessed valuation of the taxable property of the county, and no such county shall issue bonds for such recreational purposes, excluding revenue bonds, in an amount which will increase the total bonded indebtedness of the county incurred for all purposes to an amount in excess of 10 percent of the valuation.

      Sec. 15.  NRS 244.7801 is hereby amended to read as follows:

      244.7801  The provisions of NRS 244.7801 to 244.7806, inclusive, apply to any county having a population of [120,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 16.  NRS 244.7803 is hereby amended to read as follows:

      244.7803  [In counties having a population of 120,000 or more, the] The county fair and recreation board as constituted pursuant to NRS 244.7802 shall, by resolution, designate the name by which the fair and recreation board of that county shall be known, and the name designated may contain the name of the largest incorporated city within the county. It shall be lawful for the fair and recreation board of such county to use such designated name for all purposes, including the right to contract, to sue and be sued, and to perform all of its functions and exercise all of its powers.

      Sec. 17.  NRS 258.065 is hereby amended to read as follows:

      258.065  1.  In any township in this state [wherein the population at the last preceding federal decennial census was 25,000 or more,] having a population of 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of county commissioners may appoint for the constable of any such township a clerk, and provide compensation therefor.

      2.  The constable’s clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of such township and county.


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ê1969 Statutes of Nevada, Page 1538 (Chapter 678, AB 763)ê

 

      3.  The constable’s clerk shall do all clerical work in connection with keeping the records and files of the office, and shall perform such other duties in connection with the office as the constable shall prescribe.

      Sec. 18.  NRS 268.570 is hereby amended to read as follows:

      268.570  The provisions of NRS 268.570 to 268.608, inclusive, shall apply only to cities located in counties having a population of [120,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 19.  NRS 268.610 is hereby amended to read as follows:

      268.610  The provisions of NRS 268.610 to 268.670, inclusive, shall apply only to cities located in counties having a population of less than [120,000,] 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 20.  NRS 268.626 is hereby amended to read as follows:

      268.626  There is hereby created, in each county of the state having a population according to the most recent decennial census of the Bureau of the Census of the United States Department of Commerce of [25,000 or more and less than 120,000,] 100,000 or more and less than 200,000, a city annexation commission which shall consist of members to be selected as follows:

      1.  Two members representing the county, one of whom shall be the chairman of the board of county commissioners and the other a member of the board to be chosen by the board.

      2.  One member representing each city, who shall be a member of the governing body to be chosen by the governing body.

      3.  If the provisions of subsections 1 and 2 result in an even number of members, one member shall be added who shall be a resident owner of real property in the county chosen by the members of the commission already selected. If at the expiration of 90 days after the end of the month in which commission members are to be selected, as provided in NRS 268.628, no additional member has been chosen, the governor shall appoint some person qualified as provided in this subsection.

      Sec. 21.  NRS 269.0165 is hereby amended to read as follows:

      269.0165  1.  A town board form of government may be adopted by means of initiative petition of the residents of such town.

      2.  The procedures established by NRS 295.085 to 295.125, inclusive, for the adoption of county ordinances by initiative petition shall be followed by such residents and each document of the petition shall set forth briefly the proposal to establish a town board form of government. The election required to be held if the proposal is not adopted by the board of county commissioners shall be held not less than 30 days nor more than 60 days after the date of the final vote thereon.

      3.  Members of the town board shall be appointed and elected as provided in:

      (a) NRS 269.017, if the proposal to adopt the town board form of government is approved by the board of county commissioners; or

      (b) Section 1 of [this act,] Senate Bill No. 178 of the 55th session of the Nevada legislature, if such proposal is submitted to the electors for their approval.


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ê1969 Statutes of Nevada, Page 1539 (Chapter 678, AB 763)ê

 

      4.  This section does not apply to any county having a population of [50,000] 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 22.  NRS 277.060 is hereby amended to read as follows:

      277.060  1.  In any county having a population of [85,000 or more,] 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, any county, city, town, unincorporated city or town, water district, sewer or sanitation district or other political subdivision of the state authorized by law to acquire, operate and maintain water or sewage facilities, or both, or to improve a governmental service in connection therewith, may contract with one or more of such political subdivisions, provided such contract shall be authorized by each party thereto with the approval of its legislative body or other authority having the power to enter into or approve such contract.

      2.  Any such contract shall set forth fully the purposes, powers, rights, obligations and responsibilities, financial and otherwise, of the contracting parties.

      3.  The contract may:

      (a) Include, among other things, the renting of machinery and equipment, mobile or otherwise.

      (b) Provide for the payment for water facilities, sewer facilities, lands, rights in land and water rights sold, leased or otherwise alienated, such payment to be made within a period of time not exceeding 30 years from the date of the contract from the rates, fees, tolls or charges derived from the operation of the water or sewer facilities, or both, upon such terms and conditions as may be specified in the contract, without such obligation being authorized by any qualified electors of any political subdivision which is a party to the contract.

      4.  The equipment and employees of any such political subdivision, while engaged in performing any such governmental service, activity or undertaking under such a contact, shall have and retain all the rights, privileges and immunities of, and shall be deemed to be engaged in the service and employment of, such political subdivision, notwithstanding such governmental service, activity or undertaking is being performed in or for another such political subdivision.

      5.  The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objective, and not an exclusive one.

      6.  This section being necessary to secure and preserve the public health, safety and convenience and welfare, it shall be liberally construed to effect its purpose.

      Sec. 23.  NRS 278.345 is hereby amended to read as follows:

      278.345  Whenever any subdivider proposes to subdivide any lands within an incorporated city in a county having a population of [120,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, which does not have a regional planning commission, the subdivider shall file a tentative map of his proposed subdivision with the county planning commission.


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ê1969 Statutes of Nevada, Page 1540 (Chapter 678, AB 763)ê

 

the Bureau of the Census of the United States Department of Commerce, which does not have a regional planning commission, the subdivider shall file a tentative map of his proposed subdivision with the county planning commission. The county planning commission shall have not to exceed 30 days’ time for action on the map and report to the governing body of the city in which the subdivision is situated. The governing body of the city shall take into consideration the report of the county planning commission before approving the final map of any subdivision.

      Sec. 24.  NRS 293.460 is hereby amended to read as follows:

      293.460  1.  In counties having a population of less than [80,000] 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:

      (a) Each voting board officer serving shall receive $10 from the county treasury for the first 8 hours, and $2 per hour thereafter, for all services required to be rendered during the election, including those services rendered prior to the opening of the polls and after the closing thereof.

      (b) Each county board officer shall receive the sum of $10 for the first 8 hours, and $2 per hour thereafter.

      (c) Where an election board acts as both voting board and counting board, each member shall receive $10 for the time he acts as a voting board member, and $2 per hour for each hour he acts as a counting board member.

      (d) Where voting machines are used, each election board officer shall receive the sum of $20 for his services.

      (e) Specially appointed deputy sheriffs shall receive $10 as compensation for rendering the services required of the deputy sheriff on election day.

      2.  In counties having a population of [80,000] 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the compensation of voting board officers, counting board officers, specially appointed deputy sheriffs and other election board officers shall be fixed by county ordinance.

      Sec. 25.  NRS 318.0953 is hereby amended to read as follows:

      318.0953  1.  In every county having a population of [120,000] 200,000 or more, as shown by the most recent decennial census of the Bureau of the Census of the United States Department of Commerce, the board of county commissioners shall be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing sanitary sewer facilities as provided in NRS 318.140 or, prior to May 1, 1967, in chapter 311 of NRS, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter.

      2.  When the board of trustees of any district is so constituted, the following special provisions shall apply and supersede the corresponding provisions of NRS 318.080 to 318.095, inclusive:

      (a) The members need not file the oath of office or bond required by NRS 318.080.


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ê1969 Statutes of Nevada, Page 1541 (Chapter 678, AB 763)ê

 

      (b) The members of the board of county commissioners shall receive no additional compensation as trustees of the district.

      (c) The chairman of the board of county commissioners shall be chairman of the board and president of the district.

      (d) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices. No additional bond may be required of the county treasurer as ex officio district treasurer.

      (e) No member of the board of county commissioners may be removed from the office of trustee under the authority of subsection 4 of NRS 318.080, but any such member shall be automatically removed from such office upon his removal from the office of county commissioner in the manner provided by law.

      Sec. 26.  NRS 373.040 is hereby amended to read as follows:

      373.040  1.  In counties having a population of [25,000] 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall be composed of representatives selected as follows:

      (a) Two by the board.

      (b) Two by the governing body of the largest city.

      (c) One by the governing body of each additional city in the county.

      2.  In counties having a population of less than [25,000] 100,000 as so determined, the commission shall be composed of representatives selected as follows:

      (a) If the county contains a city:

             (1) Two by the board.

             (2) One by the governing body of the largest city.

      (b) If the county contains no city, the board shall select:

             (1) Two members of the board; and

             (2) One representative of the public, who shall be a resident of the largest town, if any, in the county.

      3.  In Carson City, the commission shall be composed of representatives selected by the board of supervisors as follows:

      (a) Two members of the board of supervisors.

      (b) One representative of the city at large.

      4.  The first representative shall be selected within 30 days after passage of the ordinance creating the commission, and shall serve until the next-ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance shall be selected within 30 days after the first meeting of the governing body, and shall serve until the next-ensuing December 31 of an even-numbered year. Their successors shall serve for terms of 2 years, and vacancies shall be filled for the unexpired term.

      Sec. 27.  NRS 373.140 is hereby amended to read as follows:

      373.140  1.  After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction projects in the county which are proposed to be financed from the county motor vehicle fuel tax shall be first submitted to the regional street and highway commission.


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ê1969 Statutes of Nevada, Page 1542 (Chapter 678, AB 763)ê

 

      2.  Where the project is within the area covered by the streets and highways plan described in NRS 373.030, the commission shall evaluate it in terms of:

      (a) The priorities established by the plan;

      (b) The relation of the proposed construction to other projects already constructed or authorized;

      (c) The relative need for the project in comparison with others proposed; and

      (d) The funds available.

If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized by this chapter (except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities, or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160) and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130. If the board authorizes the project the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project shall be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by the streets and highways plan described in NRS 373.030.

      3.  Where the project is outside the area covered by the plan, the commission shall evaluate it in terms of:

      (a) Its relation to the streets and highways plan;

      (b) The relation of the proposed construction to other projects constructed or authorized;

      (c) The relative need for the proposed construction in relation to others proposed by the same city or town; and

      (d) The availability of funds.

If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.

      4.  In counties having a population of less than [25,000,] 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall:

      (a) Certify the adoption of the plan;

      (b) Submit a copy of the plan to the Nevada tax commission; and

      (c) Certify its compliance with subsections 2 and 3 in the adoption of the plan.

      Sec. 28.  NRS 373.143 is hereby amended to read as follows:

      373.143  In counties having a population of less than [25,000,] 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall submit an annual report to the Nevada tax commission for the fiscal year showing the amount of receipts from the county motor vehicle fuel tax and the nature of the expenditures for each project.

      Sec. 29.  NRS 373.145 is hereby amended to read as follows:


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ê1969 Statutes of Nevada, Page 1543 (Chapter 678, AB 763)ê

 

      373.145  In counties having a population of less than [25,000,] 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall, before commencement of the work on any project, submit specifications and plans of such project to the state highway engineer for review. The commission is not required to follow any suggestion made by the state highway engineer.

      Sec. 30.  NRS 450.060 is hereby amended to read as follows:

      450.060  In all counties where existing hospitals are taken over by a board of hospital trustees, as provided in this chapter, additional necessary buildings and sites may be acquired only by holding an election and voting a bond issue according to the terms of this chapter, the same as if no hospital then existed; but in counties having a population of [25,000 persons or more,] 100,000 persons or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in cases where buildings or parts thereof have been constructed but remain unfinished and unequipped, the board of hospital trustees may complete the building or buildings or part or parts thereof and furnish and equip the same from the board’s current receipts, without a bond issue.

      Sec. 31.  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, 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] 100,000 or whose population is 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital 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,] 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital trustees shall be elected from the county at large for terms of 4 years.


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ê1969 Statutes of Nevada, Page 1544 (Chapter 678, AB 763)ê

 

120,000,] 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital trustees shall be elected from the county at large for terms of 4 years.

      Sec. 32.  NRS 450.090 is hereby amended to read as follows:

      450.090  1.  In any county having [50,000] 100,000 or more population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of hospital trustees for the public hospital shall be composed of the five regularly elected or appointed members, and, in addition, three county commissioners selected by the chairman of the board of county commissioners shall be voting members thereof, and shall serve during their terms of office as county commissioners.

      2.  In any county having less than [50,000] 100,000 population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of hospital trustees for the public hospital shall be composed of the five regularly elected or appointed members, and, in addition, the board of county commissioners may, by resolution, provide that one county commissioner selected by the chairman of the board of county commissioners shall be a voting member of the board of hospital trustees during his term of office as county commissioner.

      Sec. 33.  NRS 481.057 is hereby amended to read as follows:

      481.057  In counties with a population in excess of [75,000,] 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the director may arrange for the office of the drivers’ license division to remain open on Saturdays and Sundays and at hours other than 8 a.m. to 5 p.m.

      Sec. 34.  NRS 482.160 is hereby amended to read as follows:

      482.160  1.  The director may adopt and enforce such administrative rules and regulations as may be necessary to carry out the provisions of this chapter.

      2.  The director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department under this chapter. The director shall designate the county assessor of each county with a population of less than [25,000,] 100,000, as determined by the last preceding national census compiled by the Bureau of the Census of the Department of Commerce of the United States, as agent to assist in carrying out the duties of the department in such county.

      3.  The contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates shall provide for compensation based upon the reasonable value of the services of such agent but shall not exceed $1 for each registration.

      Sec. 35.  NRS 482.225 is hereby amended to read as follows:

      482.225  1.  Whenever application shall be made to the department for registration of a vehicle purchased outside the state and not previously registered within this state where the registrant or owner at the time of purchase was not a resident of or employed in this state, the department shall notify the representative of the Nevada tax commission or the commission’s agent of the owner’s or registrant’s intent to register such vehicle.


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ê1969 Statutes of Nevada, Page 1545 (Chapter 678, AB 763)ê

 

shall notify the representative of the Nevada tax commission or the commission’s agent of the owner’s or registrant’s intent to register such vehicle. The commission’s representative or its agent shall determine and collect any use tax due, and shall remit the taxes he collects to the Nevada tax commission.

      2.  If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of such vehicle, it shall be presumed that such vehicle was purchased for use within the state and the representative or agent of the Nevada tax commission shall collect such tax and remit it to the Nevada tax commission.

      3.  Until notified by the Nevada tax commission’s representative or its agent of payment of or exemption from the tax, the department shall refuse to register the vehicle.

      4.  In counties with a population of [25,000] 100,000 or more, where the department has established branch offices, space shall be provided by the department for a representative of the Nevada tax commission, who shall determine and collect the use tax on vehicles as provided in subsections 1 and 2. In any county with a population of less than [25,000,] 100,000, as determined by the last preceding national census compiled by the Bureau of the Census of the United States Department of Commerce, the commission may designate the county assessor, the department or the agent of the department as the agent of the Nevada tax commission for the collection of use tax.

      5.  For purposes of collection of use tax under the provisions of chapter 706 of NRS, the Nevada tax commission may designate the department as agent.

      6.  If the taxpayer can controvert the presumption stated in subsection 2 that he purchased the vehicle for use in this state, he must pay the tax to the Nevada tax commission’s representative, and must substantiate his claim for exemption by a statement in writing, signed by the registrant or owner, or his authorized representative, and forward such statement to the Nevada tax commission together with his claim for refund of tax erroneously or illegally collected.

      7.  If the Nevada tax commission finds that the tax has been erroneously or illegally collected, such tax shall be refunded as provided in NRS 372.630 to 372.720, inclusive.

      Sec. 36.  NRS 543.250 is hereby amended to read as follows:

      543.250  1.  The board of county commissioners of any county having a population of [100,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, is hereby vested with jurisdiction, power and authority to create districts.

      2.  No member of a board of county commissioners or board of directors shall be disqualified to perform any duty imposed by NRS 543.160 to 543.840, inclusive, by reason of ownership of property within any proposed district.

      Sec. 37.  Wherever there appears in any chapter of Statutes of Nevada 1969, or in any section of Nevada Revised Statutes not amended by this act, a county classification based upon a minimum population of 25,000 or more but less than 100,000, such minimum population shall be deemed to read 100,000, and where the county classification is based upon a minimum population of 100,000 or more, such minimum population shall be deemed to read 200,000; and in preparing the 1969 supplement to Nevada Revised Statutes, the legislative counsel shall change such county population classifications to correspond therewith.


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

ê1969 Statutes of Nevada, Page 1546 (Chapter 678, AB 763)ê

 

deemed to read 100,000, and where the county classification is based upon a minimum population of 100,000 or more, such minimum population shall be deemed to read 200,000; and in preparing the 1969 supplement to Nevada Revised Statutes, the legislative counsel shall change such county population classifications to correspond therewith.

      Sec. 38.  This act shall become effective in 1970 on the date when the Secretary of Commerce reports the 1970 census of population to the President of the United States as required in 13 U.S.C. 141 (b).

 

________

 

 

CHAPTER 679, SB 530

Senate Bill No. 530–Committee on Public Resources

CHAPTER 679

AN ACT relating to the administration of the fish and game laws; creating the state fish and game advisory board; making the state board of fish and game commissioners appointive; creating the Nevada department of fish and game; separating enforcement authority from policymaking authority; and providing other matters properly relating thereto.

 

[Approved May 4, 1969]

 

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

do enact as follows:

 

      Section 1.  NRS 501.120 is hereby amended to read as follows:

      501.120  There is hereby created the state [board of fish and game commissioners,] fish and game advisory board, which shall consist of 17 members, one from each of the counties of the state [.] and one from Carson City, who shall be appointed by the governor on or before June 15, 1969.

      Sec. 2.  NRS 501.125 is hereby amended to read as follows:

      501.125  Each member [shall be a citizen of the State of Nevada, and an actual, bona fide resident of the county from which he is selected.] of the state board and the commission shall have demonstrated an active interest in wildlife affairs over a period of at least 5 years.

      Sec. 3.  NRS 501.130 is hereby amended to read as follows:

      501.130  1.  [At the general election in 1948, there shall be elected in each county of the state, on a nonpartisan ballot, one person as state fish and game commissioner.

      2.  The term of office of each commissioner first elected at the 1948 general election shall be:

      (a) From the counties of Elko, Lincoln, Nye, Esmeralda, Lyon, Eureka, Pershing and Washoe, 2 years.

      (b) From Carson City and the counties of White Pine, Clark, Mineral, Douglas, Lander, Churchill, Humboldt and Storey, 4 years.

      3.  After the expiration of the terms designated in subsection 2, the term of office of each commissioner shall be 4 years.] The commission shall consist of nine persons:

      (a) The two state board members from Clark and Washoe counties, respectively;


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ê1969 Statutes of Nevada, Page 1547 (Chapter 679, SB 530)ê

 

      (b) Six state board members, who shall be selected by caucus of the remaining 15 state board members; and

      (c) One person appointed at large by the governor, initially on or before June 15, 1969.

      2.  The initial terms of the members of the commission shall be as follows:

      (a) The six members selected by caucus to serve until December 31, 1973.

      (b) The three remaining members to serve until December 31, 1971.

      3.  After the expiration of the terms provided in subsection 2, the term of each succeeding commissioner shall be 4 years, and succession shall be determined as follows:

      (a) The governor shall make appointments to the class of three commissioners, as provided in subsection 2 and in NRS 501.120.

      (b) The caucus shall make appointments to the class of six commissioners, as provided in subsection 2.

      Sec. 4.  NRS 501.135 is hereby amended to read as follows:

      501.135  1.  Members [shall serve without salary, but shall be allowed the per diem expense allowances and travel expenses as fixed by law.] of the state board and the commission are entitled to receive $25 per day while performing official duties for the state board or the commission, plus the per diem allowance and travel expenses provided by law.

      2.  Compensation and expenses shall be paid from the fish and game fund.

      Sec. 5.  NRS 501.140 is hereby amended to read as follows:

      501.140  1.  In the event of a vacancy on the [commission] state board caused by death, resignation, [failure of election,] or a conflicting change of residence [to a county other than that which the member was elected to represent,] or other cause, the governor shall [, within 30 days, appoint an actual and bona fide resident within the county affected by the vacancy until the vacancy can be filled by election.] appoint a member to fill the unexpired portion of the term.

      2.  The governor may declare a vacancy for any of the causes provided. [, and make his appointment after reviewing the case as presented to him by the county game management board or by a representative sportsmen’s organization within the county affected.]

      Sec. 6.  NRS 501.150 is hereby amended to read as follows:

      501.150  1.  The commission shall hold regular meetings [at its principal place of business semiannually in each year, and the first regular meeting shall be held prior to March 15 of each year.] monthly at the headquarters office of the department or at such other locations as the commission may designate.

      2.  Special meetings of the commission may be held at such times and places as may be deemed necessary and proper.

      3.  [Nine] Five members of the commission shall constitute a quorum for the transaction of any and all business which may come before the commission.

      Sec. 7.  NRS 501.155 is hereby amended to read as follows:

      501.155  1.  [Each 2 years after July 1, 1947, the commission shall meet and organize by the election of an executive board of five members from the membership of the commission.


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ê1969 Statutes of Nevada, Page 1548 (Chapter 679, SB 530)ê

 

from the membership of the commission. One member of the executive board shall be elected from each of the five districts as defined in NRS 501.335.

      2.  The executive board shall elect one member of the executive board as chairman, and one member of the executive board as secretary. The chairman and secretary shall act as chairman and secretary, respectively, of the commission.] The nine members of the state board who are not designated members of the commission as provided in NRS 501.130 shall become members of the county game management boards in their respective counties and shall be appointed for the following terms:

      (a) Five members to serve until December 31, 1973.

      (b) Four members to serve until December 31, 1971.

      2.  After the expiration of the terms provided in subsection 1, the term of each succeeding member shall be 4 years.

      Sec. 8.  NRS 501.160 is hereby amended to read as follows:

      501.160  [The executive board shall meet at such times and places as may be deemed necessary and proper.] The state board shall meet at the call of the chairman of the commission not less than twice nor more than four times a year at the headquarters office of the department or at such other locations as the chairman may designate.

      Sec. 9.  NRS 501.165 is hereby amended to read as follows:

      501.165  The [executive board shall have such powers and duties as may be conferred upon it by the commission, commensurate with this Title, and shall be responsible to and subject to the direction of the commission.] state board shall:

      1.  Serve as an advisory board only.

      2.  Serve as liaison between the several county game management boards and the commission.

      Sec. 10.  NRS 501.180 is hereby amended to read as follows:

      501.180  1.  [The commission may appoint a state director of fish and game, a technical advisor on fish and game, and such technical assistants and other assistants and clerks and state game wardens as it may deem necessary to conduct its business and enforce the provisions of this Title and of chapter 488 of NRS, who shall have such duties as may be fixed and determined by the commission. The state director of fish and game shall receive an annual salary in the amount specified in NRS 281.115. Compensation of other employees shall be fixed and determined by the commission.

      2.  When so appointed the state director and game wardens shall be clothed with all the police powers necessary to enforce the provisions of this Title and of chapter 488 of NRS. State game wardens appointed under the authority of this Title and regularly employed by the commission are empowered to act as peace officers for the service of legal process, including warrants and subpenas, as may be required in the performance of their duties in the enforcement of the fish and game laws and regulations and the Nevada Boat Act. Nothing in this subsection shall be construed to include such state game wardens within the provisions of subsections 1 or 3 of NRS 286.510, but their retirement from service under the provisions of chapter 286 of NRS at the age of 60 years shall be governed by the provisions of subsection 2 of NRS 286.510.

      3.  The commission may appoint a superintendent of hatcheries who is skilled and expert in the science of fish breeding, and shall exercise control and general supervision over him.]


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ê1969 Statutes of Nevada, Page 1549 (Chapter 679, SB 530)ê

 

is skilled and expert in the science of fish breeding, and shall exercise control and general supervision over him.] The commission shall appoint a director of the Nevada department of fish and game, who shall be its chief administrative officer. He is entitled to receive an annual salary as provided in NRS 281.115.

      2.  The director shall be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      3.  The director shall:

      (a) Be a graduate from a recognized school in the field of fish and game, resources management or a closely related field.

      (b) Possess at least 5 years’ experience in the field of resources management.

      Sec. 11.  NRS 501.183 is hereby amended to read as follows:

      501.183  The commission may require any officer or employee of the [commission] department to furnish a surety bond at the expense of the [commission] department in the amount and form approved by the commission in accordance with the provisions of chapter 282 of NRS. Any bond required under this section shall be issued by a surety company and shall not be issued under the provisions of NRS 282.230 to 282.350, inclusive.

      Sec. 12.  NRS 501.210 is hereby amended to read as follows:

      501.210  [The members of the commission, individually and collectively, shall have full power and authority to enforce all laws of the State of Nevada respecting the protection, preservation and propagation of fish, game animals and game birds within the state.]

      1.  Those regular employees and others designated by the director as fish and game wardens shall have full power and authority to enforce all provisions of this Title and of chapter 488 of NRS.

      2.  Such wardens may act as peace officers for the service of such legal process, including warrants and subpenas, as may be required in the performance of their duties in the enforcement of this Title and of chapter 488 of NRS.

      3.  Nothing in subsection 2 shall be construed to include employees designated as wardens within the provisions of subsections 1 or 3 of NRS 286.510, but their retirement from service under the provisions of chapter 286 of NRS at the age of 60 years shall be governed by the provisions of subsection 2 of NRS 286.510.

      Sec. 13.  NRS 501.215 is hereby amended to read as follows:

      501.215  [The commission shall have the exclusive power to expend and disburse all funds of the State of Nevada acquired for the protection, preservation or propagation of fish and game, and derived from state appropriations, gifts, license fees or otherwise, in the manner provided in this Title.] The department shall receive, deposit and expend all moneys provided by law for the administration of this Title and of chapter 488 of NRS, pursuant to the authority contained in NRS 501.255 and 501.256 and in accordance with commission policy.

      Sec. 14.  NRS 501.227 is hereby amended to read as follows:

      501.227  1.  The [commission] department may, if such leases or sales do not interfere with the use of such real property for wildlife management or for hunting or fishing thereon:

      (a) Lease, for a term not exceeding 5 years, grazing or pasturage rights in and to real property which it owns, holds by reason of leases or controls by reason of any other legal agreement.


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ê1969 Statutes of Nevada, Page 1550 (Chapter 679, SB 530)ê

 

rights in and to real property which it owns, holds by reason of leases or controls by reason of any other legal agreement.

      (b) Sell the timber and all other crops or agricultural products of whatever kind produced on such real property.

      2.  Except as provided in subsection 3, whenever the [commission] department intends to lease grazing or pasturage rights or to sell or offer for sale timber or any agricultural products as provided in subsection 1, the [commission] department shall do so only by advertising for bids, reserving in such advertising the right to reject any or all bids.

      3.  Notwithstanding any other provisions of this section, the [commission] department may enter into a lease with or make a sale to a state agency without advertising for bids if the rent agreed to be paid for such lease or the sale price agreed to be paid for any timber or agricultural commodities to be sold is, in the opinion of the [commission,] department, equal to the amount that would be obtained by advertising for bids.

      4.  If the [commission] department finds that the highest or best bid is less than the amount that should be paid, the [commission] department may reject all bids and negotiate with interested persons for such lease or sale, but in no event shall any negotiated price be accepted if less in amount than the highest bid therefor tendered for the same lease or sale.

      5.  If the [commission] department has purchased real property and the deed therefor contains a covenant or provision giving to the grantor an option to meet the highest bid for any lease by the [commission] department of grazing or pasturage rights to such real property or the sale of timber or agricultural products from such real property, the [commission] department shall comply with the terms of such covenant or provision in the deed.

      6.  Subject to the provisions of subsection 8, the [commission] department may enter into a lease or leases with the highest responsible bidder for the extraction of minerals, oil, gas and other hydrocarbons for a term of 20 years, and for so long thereafter as the lessees continue mining, drilling or continue to produce oil in commercial quantities. The compensation to be paid for such leases may be either:

      (a) An agreed amount; or

      (b) Based upon a royalty basis; or

      (c) An agreed amount plus a royalty payment based upon units of production.

      7.  Subject to the provisions of subsection 8, the [commission] department shall have the same authority to lease or sell thermal power as is provided in this section, but the [commission] department may, in its discretion, enter into leases for the production of thermal power for terms not exceeding 99 years.

      8.  Any lease or leases executed pursuant to the provisions of subsections 6 or 7 shall, before becoming effective, be approved by the governor.

      Sec. 15.  NRS 501.230 is hereby amended to read as follows:

      501.230  1.  The [commission is authorized to enter into cooperative agreements with the Federal Government or any agency thereof for the conservation, restoration and management of fish resources of and in this state.


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ê1969 Statutes of Nevada, Page 1551 (Chapter 679, SB 530)ê

 

conservation, restoration and management of fish resources of and in this state.

      2.  The chairman of the commission is designated as the agent of the State of Nevada to negotiate and execute any such contracts of cooperation now authorized or which may be authorized by congressional enactment.

      3.  The commission may adopt such regulations as are necessary and proper to administer and enforce the provisions of any such cooperative agreement.] department is authorized to enter into cooperative or reciprocal agreements with the Federal Government or any agency thereof, adjoining states or any agency thereof, any other agency of this state, any county or other political subdivision of this state, to the extent permitted by the provisions of chapter 277 of NRS, any public or private corporation, or any person, for the purpose of implementing commission policy.

      2.  Such agreements shall not relieve any party thereto of any liability, independent of such agreements, existing under any provision of law.

      Sec. 16.  NRS 501.243 is hereby amended to read as follows:

      501.243  1.  [On and after July 1, 1965, the commission] The department shall execute, administer and enforce and perform the functions and duties provided in chapter 488 of NRS (Nevada Boat Act).

      2.  The commission has the power and authority to:

      (a) Promulgate [and enforce] rules and regulations governing the use of waters for recreational purposes, which waters are open to the public and are not under the direct control of any other state or federal agency for recreational use.

      (b) Enter into cooperative agreements with federal, state and county agencies having regulatory powers pertaining to the use of public waters for recreational purposes for the purpose of coordinating such rules and regulations.

      Sec. 17.  NRS 501.245 is hereby amended to read as follows:

      501.245  [After information has been filed with the commission by the owner or tenant of any land or property that such land or property is being damaged or destroyed, or is in danger of being damaged or destroyed, by game animals, game birds or fur-bearing animals, the commission may, after thorough investigation and pursuant to such regulations as it may promulgate,] After the owner or tenant of any land or property has filed a written report with the department indicating that such land or property is being damaged or destroyed, or is in danger of being damaged or destroyed, by game animals, game birds or fur-bearing animals, the department may, after thorough investigation and pursuant to such regulations as the commission may promulgate, cause such action to be taken as it may deem necessary, desirable and practical to prevent or alleviate such damage or threatened damage to such land or property.

      Sec. 18.  NRS 501.250 is hereby amended to read as follows:

      501.250  Whenever in this Title [the commission is required to make publication of any official order or regulation with regard to open or closed seasons, bag limits, hours or other regulatory matters, such publication shall be made by insertion of a legal notice in a newspaper of general circulation in the State of Nevada or in the locality to which the order or regulation applies.


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ê1969 Statutes of Nevada, Page 1552 (Chapter 679, SB 530)ê

 

order or regulation applies. Such legal notice shall be published once in such newspaper and the order or regulation shall become effective as soon as such publication is accomplished, unless otherwise specified in the order or regulation.] or by the provisions of chapter 488 of NRS the commission is required to publish any official order or regulation, it shall:

      1.  Comply with chapter 233B of NRS with regard to all such orders or regulations dealing with subjects other than open or closed seasons, bag limits or hours.

      2.  With regard to open or closed seasons, bag limits or hours, publish once in each case, in a newspaper of general circulation in the State of Nevada or in the locality to which the order or regulation applies:

      (a) A notice of intention to establish such order or regulation at an open meeting to be held at least 20 days following such publication; and

      (b) Upon the establishment of such order or regulation a notice of that fact, which publication date shall become the effective date of such order or regulation, unless otherwise provided in such order or regulation.

      Sec. 19.  NRS 501.255 is hereby amended to read as follows:

      501.255  1.  There is hereby created a fund to be known as and called the fish and game fund, which fund shall be kept in the state treasury, and, subject to the provisions of subsection 2, shall consist of all moneys received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075, remittances from the state treasurer received pursuant to the provisions of NRS 365.535, and moneys from all other sources [for fish and game propagation] as provided by law, including appropriations made by the legislature.

      2.  The moneys received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075, remittances from the state treasurer received pursuant to the provisions of NRS 365.535 and moneys received from all other sources except appropriations, gifts and federal funds obtained under NRS 501.115 and 501.117, shall, upon receipt, be deposited at interest, with the written approval of the state board of finance, in any state or national bank or banks or savings associations in the State of Nevada. The principal so deposited shall be transferred annually to the fish and game fund between June 1 and [June 30] July 31 for use of the [commission] department during the next succeeding fiscal year.

      3.  The [fish and game fund shall be used for and be subject to:

      (a) The payment of the expenses of propagating, restoring and introducing fish in the public waters of this state.

      (b) The propagation, protection, restoration and transferring of game birds and animals in this state.

      (c) The payment of the expenses incurred in the prosecution of offenders against the fish and game laws and fish and game license laws of the state.

      (d) The cost of acquisition, construction, management and maintenance of fish hatcheries in the state.

      (e) All other necessary expenses attendant upon the protection and propagation of fish and game.] department may use so much of any such available moneys as may be necessary for:


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ê1969 Statutes of Nevada, Page 1553 (Chapter 679, SB 530)ê

 

      (a) The payment of the expenses of protecting, propagating, restoring, introducing, transplanting and managing of wildlife in or into this state.

      (b) The payment of the expenses incurred in the administration and enforcement of the provisions of this Title.

      (c) The acquisition of lands, water rights, easements and other property for the protection, management and propagation of wildlife in this state.

      (d) The payment of the expenses incurred in the development, maintenance, operation and repair of wildlife installations and facilities.

      (e) All other necessary expenses to effect and aid in the enforcement and administration of this Title, including such other acts of expenditure as may be found to be urgent and necessary to assist and effect control in the propagation, protection and management of wildlife and wildlife management areas.

      (f) The payment of the expenses incurred in the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act), but total expenditures from the fish and game fund for this purpose shall not exceed the total sums received by the [commission] department pursuant to the provisions of NRS 365.535 and 488.075.

      4.  All moneys in the fish and game fund shall be used for the purposes specified in this section and not diverted to any other fund or use, and shall not revert to general state funds.

      Sec. 20.  NRS 501.256 is hereby amended to read as follows:

      501.256  1.  The fish and game reserve fund is hereby created. Such fund shall consist of the interest paid on deposits made pursuant to the provisions of subsection 2 of NRS 501.255, which interest shall be transferred annually between June 1 and [June 30] July 31 to the fish and game reserve fund until such fund totals $150,000, and thereafter as may be necessary to maintain the reserve fund at $150,000. The interest paid on such deposits above the amount necessary to maintain the reserve fund at $150,000 shall be transferred annually between June 1 and [June 30] July 31 to the fish and game fund.

      2.  The moneys in the fish and game reserve fund shall be deposited at interest, with the written approval of the state board of finance, in any state or national bank or banks or savings associations in the State of Nevada.

      3.  Moneys in the fish and game reserve fund may be expended at such times and in such amounts as may be necessary for:

      (a) The acquisition of lands, water rights, easements and other property to be used for [fish and game] wildlife management.

      (b) Any expenses which may be necessary for the propagation, protection, restoration [and transferring of fish and game birds and animals in this state.] , introduction and transplanting of wildlife in or into this state.

      (c) The financing of any emergency measures which may be necessary for the protection, management and propagation of [fish and game] wildlife in this state.

      4.  No moneys in the fish and game reserve fund shall be transferred to the general fund in the state treasury at any time.

      Sec. 21.  NRS 501.257 is hereby amended to read as follows:

      501.257  A petty cash fund in the amount of $50 for the payment of minor expenses of the [commission] department is hereby created.


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ê1969 Statutes of Nevada, Page 1554 (Chapter 679, SB 530)ê

 

of minor expenses of the [commission] department is hereby created. Such fund shall be kept in the custody of an employee designated by the [commission] director and shall be replenished periodically from the fish and game fund upon approval of expenditures as required by [NRS 501.170] law and submission of vouchers or other documents to indicate payment as may be prescribed. [by the commission.]

      Sec. 22.  NRS 501.2571 is hereby amended to read as follows:

      501.2571  A change fund in the amount of $200 is hereby created. Such fund shall be kept in the custody of an employee designated by the [commission] director and shall be used for the making of change incidental to the business of the [commission.] department.

      Sec. 23.  NRS 501.260 is hereby amended to read as follows:

      501.260  1.  There is hereby created a county game management board in each of the several counties.

      2.  Each county board shall consist of [the member of the commission from that county, who shall have no vote, and three members, appointed or elected as provided in NRS 501.265.] three members.

      3.  The chairman of such board shall be the member of the state board from such county in those counties where such member is not a member of the commission. In other counties the chairman shall be selected by each board.

      Sec. 24.  NRS 501.265 is hereby amended to read as follows:

      501.265  1.  [Except as provided in subsection 2, the three voting members of the county board shall be appointed by the board of county commissioners upon the recommendation of the organized sportsmen of the county.

      2.  Upon the filing of a petition containing the signatures of 10 percent or more of the qualified electors who voted for the office of district attorney in any county at the last general election, within 30 days preceding the last day for filing of declaration of candidacies as in any general election, requesting that the members of the county board be elected, the county clerk shall declare an election to fill the vacancies on the board resulting from the expiration of the regular terms of the members of the board, and shall accept nomination of candidacies for these positions, and shall place the names of the candidates on the regular general election ballot, doing all things that are necessary and required in such matters under the general election laws. Such duly elected members of the board shall be chosen on a nonpartisan ballot and shall be elected to serve for a term of 2 years from the 1st Monday in January next succeeding their election. If the term of an elected board member expires without the election of a successor, the board of county commissioners shall appoint a successor in accordance with the provisions of subsection 1.] Each member of the board, except those persons who are members by virtue of NRS 501.155, shall be appointed by the board of county commissioners upon the recommendation of the organized sportsmen of the county.

      2.  The names and addresses of the members so appointed shall be reported to the commission by the board of county commissioners.

      3.  As soon as practicable after the effective date of this act, the boards of county commissioners shall, in the remaining counties of the state, appoint members to the boards of their respective counties as follows:

 


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ê1969 Statutes of Nevada, Page 1555 (Chapter 679, SB 530)ê

 

state, appoint members to the boards of their respective counties as follows:

      (a) Two members to serve until December 31, 1973.

      (b) One member to serve until December 31, 1971.

      4.  After the expiration of the terms provided in subsections 1 and 2:

      (a) The term of each succeeding board member shall be 4 years.

      (b) The number of appointments to be made by the several boards of county commissioners from time to time shall be dependent upon the particular distribution of appointments among the counties resulting under the provisions of NRS 501.155.

      Sec. 25.  NRS 501.270 is hereby amended to read as follows:

      501.270  The members of the county board shall be citizens of Nevada and actual, bona fide residents of the county from which appointed. [or elected.]

      Sec. 26.  NRS 501.275 is hereby amended to read as follows:

      501.275  [Immediately after March 30, 1953, the board of county commissioners of each county shall appoint two members whose terms shall expire on July 1, 1954; the board of county commissioners shall appoint a third member whose term shall expire on July 1, 1955. The term of the member appointed to fill the vacancy in the membership of the board occurring on July 1, 1961, and the terms of the members appointed to fill the vacancies in the membership of the board occurring on July 1, 1962, shall expire on the 1st Monday in January 1963. The term of office of each member after the expiration of such terms shall be 2 years.]

      1.  As soon as practicable after the effective date of this act, the boards of county commissioners shall, in those counties where one county game management board member has already been appointed under the provisions of NRS 501.155, appoint members to the boards of their respective counties as follows:

      (a) One member to serve until December 31, 1973.

      (b) One member to serve until December 31, 1971.

      2.  As soon as practicable after the effective date of this act, the boards of county commissioners shall, in the remaining counties of the state, appoint members to the boards of their respective counties as follows:

      (a) Two members to serve until December 31, 1973.

      (b) One member to serve until December 31, 1971.

      3.  After the expiration of the terms provided in subsections 1 and 2:

      (a) The term of each succeeding board member shall be 4 years.

      (b) The number of appointments to be made by the several boards of county commissioners from time to time shall be dependent upon the particular distribution of appointments among the counties resulting under the provisions of NRS 501.155.

      Sec. 27.  NRS 501.280 is hereby amended to read as follows:

      501.280  1.  [In making all appointments to fill vacancies for succeeding full terms the board of county commissioners shall give consideration to the recommendations of persons for appointment received from all recognized sportsmen’s organizations in the county.


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ê1969 Statutes of Nevada, Page 1556 (Chapter 679, SB 530)ê

 

      2.  The board of county commissioners upon appointment of members shall notify the commission of the members’ names and residence addresses.] Vacancies on any board, except as provided in subsection 2, shall be filled by the affected board of county commissioners on the basis of the recommendation of the organized sportsmen of the county.

      2.  A vacancy in the term of any board member who is also a member of the state board shall be filled by the governor.

      Sec. 28.  NRS 501.290 is hereby amended to read as follows:

      501.290  [The county board shall meet at least once every month on the day before the first monthly meeting of the board of county commissioners. If this day shall fall on a Sunday or a holiday, the meeting shall be held on the day prior to such Sunday or holiday.] The board shall meet quarterly at least 30 days prior to each quarterly meeting of the commission and at such other times as the chairman may call or the commission may request.

      Sec. 29.  NRS 501.310 is hereby amended to read as follows:

      501.310  [1.]  There is hereby created in each of the counties of this state a county fund to be known as and called the county fish and game fund. The county fish and game fund shall be kept in the county treasury, and all moneys received from the [commission] department shall be placed in such fund.

      [2.  The county fish and game fund shall be subject to:

      (a) The orders of the county board for the expenses of propagating, protecting, restoring and introducing fish and game.

      (b) The payment of the expenses incurred in the prosecution of offenders against the fish and game laws and fish and game license laws of the state.

      (c) The payment of the cost of purchase of licenses and all other books and blanks required in the county.

      (d) The cost of acquisition, construction and maintenance of fish hatcheries in the county, and for all other necessary expenses connected therewith, approved by the county board.

      3.  Upon approval of the county board, the county auditor is directed to draw his warrant on the county treasurer for the respective amounts.]

      Sec. 30.  NRS 501.320 is hereby amended to read as follows:

      501.320  1.  Annually, not later than May 1, [the] each county board shall prepare a budget for the period ending June 30 of the following year, setting forth in detail its proposed expenditures for the preservation and propagation of fish and game within its county, and submit the same to the commission [.] accompanied by a statement of the previous year’s expenditures, certified by the county auditor.

      2.  The commission shall examine the budget in conjunction with its technical adviser, and may increase, decrease, alter or amend the same.

      3.  Upon approval of the budget, the [commission] department shall transmit a copy of the approved budget to the county board, and at the same time withdraw from the fish and game fund and transmit to the county board the sum of money required under the approved budget for disposition by the county board in accordance with the approved budget. All money so received shall be placed in the county fish and game fund.


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ê1969 Statutes of Nevada, Page 1557 (Chapter 679, SB 530)ê

 

      Sec. 31.  Chapter 501 of NRS is hereby amended by adding thereto the provisions set forth as sections 32 to 49, inclusive, of this act.

      Sec. 32.  (Deleted by amendment.)

      Sec. 33.  (Deleted by amendment.)

      Sec. 34.  (Deleted by amendment.)

      Sec. 35.  (Deleted by amendment.)

      Sec. 36.  (Deleted by amendment.)

      Sec. 37.  As used in this Title, “state board” means the state fish and game advisory board.

      Sec. 38.  (Deleted by amendment.)

      Sec. 39.  1.  There is hereby created the state board of fish and game commissioners, which shall consist of nine members, who shall be designated as provided in NRS 501.130.

      2.  Commission members shall serve the natural resources interests of the state as expressed in NRS 501.100.

      3.  The commission shall select one of its members as chairman.

      Sec. 39.5.  In the event of a vacancy on the commission caused by death, resignation or a conflicting change of residence or other cause, the original appointing authority for that member shall appoint a member to fill the unexpired portion of the term.

      Sec. 40.  The commission shall:

      1.  Establish broad policies for:

      (a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.

      (b) The promotion of the safety of persons and property using or used in the operation of vessels on the waters of the state.

      (c) The promotion of uniformity of laws relating to such policy matters.

      (d) The designation of fish and game wardens and for their training.

      2.  Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.

      3.  Cover by such established policies the following areas of interest, but coverage is not necessarily limited to the following:

      (a) The management of big and small game animals, upland and migratory game birds, fur-bearing animals, game fish, and protected and unprotected animals, birds, fish, reptiles and amphibians.

      (b) The control of wildlife depredations.

      (c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife, the entry, access to, and occupancy and use of such property, including leases of grazing rights, sale of agricultural and timber products or exploration for or extraction of minerals, oil, gas or thermal power on lands controlled by the department under cooperative agreements or owned or leased by the department.

      (d) The control of nonresident hunters.

      (e) The introduction, transplanting or exporting of wildlife.

      (f) Cooperation with federal, state and local agencies on wildlife and boating programs.

      (g) The establishment and operation of private and commercial game farms, hunting preserves, hatcheries and guide services.


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

ê1969 Statutes of Nevada, Page 1558 (Chapter 679, SB 530)ê

 

      (h) The hunting, fishing or trapping privileges of any person convicted of two violations within a 5-year period.

      4.  Establish rules and regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including but not limited to the following:

      (a) Regular and special seasons for hunting game animals and game birds, for hunting or trapping fur-bearing animals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. Such regulations shall be established after first considering the recommendations of the department, the county game management boards and others who wish to present their views at the open meeting as provided by law.

      (b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.

      (c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.

      (d) Nonresident quotas for big game and, if necessary, quotas for other game species for the regular and special seasons. The opening and closing dates of such seasons shall not discriminate between residents and nonresidents, but nonresident hunting seasons may be created by the commission by periods.

      5.  Approve the biennial budget of the department on the basis of conformity to commission policy, the provisions of this Title and of chapter 488 of NRS.

      6.  Be the appointing power of the director of the department under the provisions of this Title and of chapter 284 of NRS.

      Sec. 41.  The commission may enter into cooperative agreements with adjoining states for the management of interstate wildlife populations and for the establishment of uniform boating regulations.

      Sec. 42.  There is hereby created the Nevada department of fish and game, which shall administer the fish and game laws of this state and chapter 488 of NRS.

      Sec. 43.  The director shall:

      1.  Implement the policies, regulations and budget decisions of the commission.

      2.  Direct and supervise all administrative and operational activities of the department, and all programs administered by the department as provided by law. He shall devote his entire time to the duties of his office and shall follow no other gainful employment or occupation.

      3.  Within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.

      4.  Appoint or remove, pursuant to the provisions of chapter 284 of NRS, such technical, clerical and operational staff as the execution of his duties and the operation of the department may require, and all such employees shall be responsible to him for the proper carrying out of the duties and responsibilities of their respective positions.


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

ê1969 Statutes of Nevada, Page 1559 (Chapter 679, SB 530)ê

 

duties and the operation of the department may require, and all such employees shall be responsible to him for the proper carrying out of the duties and responsibilities of their respective positions. The director shall designate a number of such employees as fish and game wardens.

      5.  Submit a biennial report to the governor, the legislature and the commission of the work of the department, with recommendations that he may deem necessary. The report shall set forth the facts relating to the condition of the wildlife, boating and related matters in the State of Nevada.

      6.  Submit technical and other reports to the commission as may be necessary or as may be requested, which shall enable the commission to establish policy, establish regulations and approve budgets.

      7.  Have full control of and be responsible for, through proper inventory control, all property of the state acquired and held for the purposes contemplated by this Title and by chapter 488 of NRS.

      8.  Act as nonvoting secretary to the commission.

      Sec. 44.  The director may:

      1.  In cases of emergency, exercise the powers of the commission until such time as the commission shall meet or the emergency end. It is expressly provided that no expenditure or commitment over $2,500 may be made without advance approval of the commission.

      2.  Designate an employee or employees of the department to act as his deputy or deputies. In the director’s absence or inability to discharge the powers and duties of his office, such powers and duties shall vest and be imposed upon his deputy or deputies.

      3.  Designate persons outside the department as fish and game wardens if, in his opinion, the need for such is established, provided they are designated in accordance with the policy controlling such designations established by the commission.

      Sec. 45.  1.  The headquarters office of the department shall be maintained at Reno. Other offices may be established throughout the state in number and location as will, in the opinion of the director, provide an efficient departmental operation.

      2.  The director may enter into such leases and other agreements as may be necessary for the establishment of such offices. Such leases shall be executed with the assistance of the buildings and grounds division of the department of administration as provided by law.

      Sec. 46.  The department may:

      1.  Collect and disseminate, throughout the state, information calculated to educate and benefit the people of the state regarding wildlife and boating, and information pertaining to any program administered by the department.

      2.  Publish wildlife journals, for which a specific charge may be made or an annual subscription rate of not more than $5 may be charged, with the proceeds to be deposited in the fish and game fund.

      Sec. 47.  County board members who have been appointed by county commissioners may be removed by the boards of county commissioners of the counties served for cause, including, but not limited to, absences from three consecutive, duly called county board meetings, unless excused by their respective board chairmen.


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

ê1969 Statutes of Nevada, Page 1560 (Chapter 679, SB 530)ê

 

      Sec. 48.  County boards shall solicit and evaluate local opinion and advise the commission on matters relating to the management of wildlife within their respective counties.

      Sec. 49.  1.  County boards shall submit season recommendations on fishing and hunting, which shall be considered by the commission in its deliberation on and establishment of regulations covering open or closed seasons, bag limits and hours, and which may be overruled by the commission by a majority vote of the full commission only.

      2.  The chairman or county board member appointed by him shall attend commission meetings at which seasons are set or bag limits or hours established and is entitled to receive such travel and per diem expenses as are allowed by law.

      Sec. 50.  NRS 361.055 is hereby amended to read as follows:

      361.055  1.  All lands and other property owned by the state are exempt from taxation, except real property acquired by the [state board of fish and game commissioners pursuant to NRS 501.225] Nevada department of fish and game which is or was subject to taxation under the provisions of this chapter at the time of acquisition and except as provided in subsection 4.

      2.  In lieu of payment of taxes on each parcel of real property acquired by it which is subject to assessment and taxation pursuant to subsection 1, the [state board of fish and game commissioners] department shall make annual payment to the county tax receiver of the county wherein each such parcel of real property is located of an amount equal to the total taxes levied and assessed against each such parcel of real property in the year in which title to the same was acquired by the [state board of fish and game commissioners.] department.

      3.  Such payments in lieu of taxes shall be collected and accounted for in the same manner as taxes levied and assessed against real property pursuant to this chapter are collected and accounted for.

      4.  All real estate owned by the State of Nevada located in each county shall be listed in a separate tax list and assessment roll book of that county at its full cash value. If the total value of such real estate owned by the state in a county is greater than 17 percent of the total value of all other real estate listed in the county’s tax list and assessment roll books, that portion of the value of the real estate owned by the state which is in excess of such 17 percent may be taxed by the county as other property is taxed.

      5.  Moneys received pursuant to this section shall be apportioned each year to the counties, school districts and cities wherein each such parcel of real property is located in the proportion that the tax rate of each such political subdivision bears to the total combined tax rate in effect for such year.

      Sec. 51.  NRS 365.535 is hereby amended to read as follows:

      365.535  1.  The legislature finds as a fact that of the total amount of excise taxes paid annually on all motor vehicle fuel sold, distributed or used in this state not less than $100,000 represents the excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes. It is declared to be the policy of the State of Nevada to apply the motor vehicle fuel tax paid on fuel so used, which is hereby declared to be not refundable to the consumer, for the improvement of boating and other outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act).


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

ê1969 Statutes of Nevada, Page 1561 (Chapter 679, SB 530)ê

 

outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act).

      2.  Beginning with the fiscal year commencing July 1, 1969, and in each fiscal year thereafter, the state treasurer shall, upon receipt of the tax moneys from the tax commission collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive:

      (a) Remit the sum of $30,000 to the [state board of fish and game commissioners] Nevada department of fish and game for deposit and use as provided in subsection 2 of NRS 501.255. All moneys so received by the [state board of fish and game commissioners] department shall be expended only for the administration and enforcement of the provisions of chapter 488 of NRS.

      (b) Deposit in the general fund in the state treasury to the credit of the division of state parks of the state department of conservation and natural resources the sum of $70,000. All moneys so deposited to the credit of the division of state parks of the state department of conservation and natural resources shall be expended only as authorized by the legislature for the improvement of boating facilities and other outdoor recreational facilities associated with boating.

      3.  Remittances and deposits required to be made by the state treasurer pursuant to the provisions of subsection 2 may be made quarterly or oftener if convenient to the state treasurer.

      Sec. 52.  NRS 616.077 is hereby amended to read as follows:

      616.077  Members of [the state board of fish and game commissioners and] the county game management boards, who serve without compensation pursuant to the provisions of NRS [501.135 and] 501.285, while engaged in their designated duty as such members, shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this chapter upon [the state board of fish and game commissioners and] the county game management boards [,] complying therewith.

      Sec. 53.  Notwithstanding the provisions of NRS 501.180, the commission may, in its discretion, appoint the state director of fish and game, incumbent on the effective date of this act, as director of the Nevada department of fish and game.

      Sec. 54.  The terms of all incumbent members of the commission and of the several county boards shall end on the effective date of this act.

      Sec. 55.  Recognizing that it is the intent of this legislature to vest policymaking authority in the commission and administrative and enforcement authority in the department, the legislative counsel shall, in preparing the 1969 supplement to Nevada Revised Statutes, make the appropriate changes of name or word where the name “state board of fish and game commissioners” or the word “commission” or the name “Nevada department of fish and game” or the word “department” needs correction to conform to such legislative intent.

      Sec. 56.  NRS 501.145, 501.170, 501.175, 501.185, 501.190, 501.195, 501.205, 501.225, 501.235, 501.295, 501.300, 501.305 and 501.315 are hereby repealed. Notwithstanding the provisions of section 109 of Senate Bill No. 533 of the 55th session of the Nevada legislature, NRS 501.155 is not repealed and is amended pursuant to the provisions of section 7 of this act.


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

ê1969 Statutes of Nevada, Page 1562 (Chapter 679, SB 530)ê

 

501.155 is not repealed and is amended pursuant to the provisions of section 7 of this act.

      Sec. 57.  The act shall become effective at 12:02 a.m. on July 1, 1969.

 

________

 

 

CHAPTER 680, SB 538

Senate Bill No. 538–Committee on Finance

CHAPTER 680

AN ACT relating to salaries and compensation of certain officers and employees in the unclassified service of the State of Nevada; increasing annual salaries and fixing maximum annual salaries; making an appropriation; repealing parts of certain acts; and providing other matters properly relating thereto.

 

[Approved May 4, 1969]

 

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

do enact as follows:

 

      Section 1.  NRS 281.115 is hereby amended to read as follows:

      281.115  The following state officers and employees in the unclassified service of the State of Nevada shall receive annual salaries [in] not to exceed the amounts set forth following their specified titles:

 

[Adjutant general’s office:

             Adjutant general............................................................................    $15,000

             Liaison officer................................................................................         7,920

             Deputy adjutant general..............................................................         7,200

             Security officer...............................................................................         3,660

Attorney general’s office:

             Chief deputy attorney general....................................................       16,000

             Chief assistant................................................................................       14,548

             Chief counsel, department of highways....................................       14,500

             Deputy, Nevada gaming commission........................................       14,000

             Deputy, welfare division, department of health, welfare and rehabilitation.....................................................................       14,000

             Deputy, department of commerce.............................................       12,800

             Deputy, state department of conservation and natural resources           ............................................................................................. 12,800

             Deputy, department of motor vehicles......................................       11,400

             Deputies, four in number, the total annual salaries of whom shall not exceed.................................................................................       46,400

             Legal analyst..................................................................................       11,500

             Investigator.....................................................................................       11,000

Colorado River commission of Nevada:

             Secretary.........................................................................................       14,400

Department of administration:

             Director............................................................................................       18,000

             Budget division:

                          Deputy budget administrator.........................................       13,860

                          Chief assistant budget administrator............................       11,500


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

ê1969 Statutes of Nevada, Page 1563 (Chapter 680, SB 538)ê

 

             Buildings and grounds division:

                          Superintendent of buildings and grounds.....................    $11,500

                          Deputy superintendent of buildings and grounds.......         8,700

                          Chief assistant...................................................................         8,490

                          Marlette Lake water system supervisor........................         6,900

             Central data processing division:

                          Chief...................................................................................       14,700

             Purchasing division:

                          Chief...................................................................................       13,860

Department of civil defense and disaster assistance:

             Director of civil defense and disaster assistance......................       11,000

Department of commerce:

             Director............................................................................................       17,600

             Banking division:

                          Superintendent of banks.................................................       15,000

                          Assistant superintendent of banks................................       11,500

             Insurance division:

                          Commissioner of insurance............................................       15,000

                          Chief deputy commissioner of insurance....................       11,500

                          Chief assistant...................................................................         9,540

             Real estate division:

                          Real estate administrator................................................       12,600

                          Chief investigator.............................................................         9,660

                          Chief assistant...................................................................         7,800

                          Special investigator..........................................................         7,800

             Savings and loan division:

                          Commissioner of savings associations.........................       15,000

                          Deputy commissioner of savings associations............       11,500

                          Chief assistant...................................................................         8,700

Department of economic development:

             Director............................................................................................       12,000

             Deputy director..............................................................................         8,640

Department of health, welfare and rehabilitation:

             Director............................................................................................       17,600

             Alcoholism division:

                          Administrator....................................................................       10,460

             Children’s home division:

                          Superintendent..................................................................       10,500

                          Chief assistant...................................................................         5,970

             Mental hygiene and mental retardation division:

                          Superintendent and medical director of the Nevada state hospital..................................................................       26,000

             Nevada girls training center division:

                          Superintendent..................................................................       13,225

             Nevada youth training center division:

                          Superintendent..................................................................       13,225

             Rehabilitation division:

                          OASI medical consultant (one-half time)....................       11,000

Department of highways:

             State highway engineer.................................................................       19,000

             Deputy highway engineer.............................................................       17,900 Department of motor vehicles:

 


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

ê1969 Statutes of Nevada, Page 1564 (Chapter 680, SB 538)ê

 

Department of motor vehicles:

             Director............................................................................................    $14,200

             Deputy director..............................................................................       11,500

Employment security department:

             Executive director..........................................................................       16,000

Governor’s office:

             Administrative assistant...............................................................       18,400

             Special assistant.............................................................................       14,000

             Press officer....................................................................................       12,000

             Secretary.........................................................................................         8,400

             Administrative secretary..............................................................         7,082

             Receptionist....................................................................................         6,300

             Principal clerk-stenographers, three in number, the total annual salaries of whom shall not exceed...............................................       17,487

             Senior clerk stenographer.............................................................         4,813

Indian affairs commission:

             Executive director..........................................................................         7,500

Labor commissioner’s office:

             Labor commissioner.....................................................................       11,500

             Deputy labor commissioner.........................................................         8,400

Lost City museum:

             Curator............................................................................................         7,236

             Attendant........................................................................................         3,000

             Relief attendant.............................................................................            360

Nevada athletic commission:

             Executive secretary.......................................................................         8,400

Nevada commission on equal rights of citizens:

             Secretary.........................................................................................       10,500

             Assistant secretary.........................................................................         7,500

Nevada commissioner for veteran affairs:

             Commissioner................................................................................       10,500

             Deputy commissioner...................................................................         9,500

Nevada gaming commission:

             Executive secretary.......................................................................       15,000

             Research and planning: Certified or registered public accountants, each.............................................................................................       14,000

             Assistant executive secretary......................................................       10,909

             Tax administrators I.....................................................................       10,381

             Tax administrators II....................................................................         9,404

             Confidential secretaries................................................................         8,137

             Tax and license examiners..........................................................         7,583

             Tax and license examiners..........................................................         6,738

             Research assistants.......................................................................         7,055

             Program specialists........................................................................         6,738

             Administrative assistants.............................................................         6,738

Nevada historical society:

             Executive secretary.......................................................................         8,700

             Assistant executive secretary......................................................         6,600

             Research librarian..........................................................................         3,000 Nevada industrial commission:

 


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

ê1969 Statutes of Nevada, Page 1565 (Chapter 680, SB 538)ê

 

Nevada industrial commission:

             Chairman........................................................................................    $16,000

             Commissioner representative of labor.......................................       13,860

             Commissioner representative of employers.............................       13,860

Nevada state prison:

             Warden............................................................................................       15,000

             Deputy warden...............................................................................       12,600

Nevada state museum:

             Director............................................................................................       10,000

             Curator of biology.........................................................................         8,400

             Exhibit technician..........................................................................         5,700

Nevada tax commission:

             Secretary.........................................................................................       16,000

Office of economic opportunity:

             Director............................................................................................       15,000

             Deputy director..............................................................................         9,500

Public employees’ retirement board:

             Executive secretary.......................................................................       16,000

             Assistant executive secretary......................................................       10,940

Public service commission of Nevada:

             Chairman........................................................................................       16,000

             Commissioners (other than chairman) each............................       14,400

             Branch manager............................................................................       10,440

Secretary of state’s office:

             Deputy secretary of state.............................................................       11,000

             Deputy secretary of state (securities).........................................       11,000

             Chief assistant................................................................................         6,900

State board of fish and game commissioners:

             State director of fish and game...................................................       14,520

State board of parole commissioners:

             Chief parole and probation officer............................................       13,500

State controller’s office:

             Deputy state controller.................................................................       11,000

             Accountant.....................................................................................         9,000

State department of conservation and natural resources:

             Director............................................................................................       17,600

             Assistant director...........................................................................       14,700

             Assistant director (federal land laws).........................................       14,700

             Division of water resources:

                          State engineer....................................................................       14,700

                          District supervisor, water commissioners (one-half time)             ................................................................................. 6,600

             Division of forestry:

                          State forester firewarden.................................................       12,500

             Division of state parks:

                          Administrator of the Nevada state park system.........       12,500

                          Deputy administrator.......................................................       11,000 State department of education:

 


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

ê1969 Statutes of Nevada, Page 1566 (Chapter 680, SB 538)ê

 

State department of education:

             Superintendent of public instruction..........................................    $20,000

             Deputy superintendent of public instruction............................       16,000

             Associate superintendent of public instruction for administration          ............................................................................................. 15,000

State gaming control board:

             Members, each...............................................................................       15,840

             Audit division:

                          Chief...................................................................................       14,400

                          Agents.................................................................................       11,464

                          Agents.................................................................................       10,909

                          Agents.................................................................................         8,533

                          Agents.................................................................................         7,900

                          Statistical analysts............................................................         5,814

             Enforcement division:

                          Chief...................................................................................       13,945

                          Agents.................................................................................       10,909

                          Agents (electronics)..........................................................       10,645

                          Agents.................................................................................       10,381

                          Agents.................................................................................         9,880

                          Agents.................................................................................         9,404

                          Agents.................................................................................         8,956

                          Agents.................................................................................         8,533

                          Statistical analysts............................................................         6,104

             Investigative division:

                          Chief...................................................................................       14,400

                          Agents.................................................................................       12,652

                          Agents.................................................................................       11,474

                          Agents.................................................................................       11,464

                          Agents.................................................................................       10,909

                          Agents.................................................................................         8,137

                          Temporary investigators, the total annual salaries of whom shall not exceed.............................................................       17,500

             Office services:

                          Manager, Carson City.....................................................       12,696

                          Manager, Las Vegas........................................................       10,968

                          Public information officer...............................................       12,696

                          Files supervisor..................................................................         7,398

                          Administrative assistant..................................................         7,213

                          Confidential secretary.....................................................         6,104

                          Administrative assistant..................................................         6,104

                          Legal researcher (one-half time)....................................         2,923

State planning board:

             Manager and technical supervisor.............................................       16,000

             Deputy manager............................................................................       13,860

State printing office:

             Chief assistant................................................................................         6,324

State treasurer’s office:

             Deputy state treasurer...................................................................       11,000

             Chief assistant................................................................................        7,200] Adjutant general’s office:

 


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

ê1969 Statutes of Nevada, Page 1567 (Chapter 680, SB 538)ê

 

Adjutant general’s office:

             Adjutant general...........................................................................    $15,750

             Administrative assistant...............................................................         8,744

             Property and fiscal officer..........................................................         7,949

Attorney general’s office:

             Chief deputy attorney general....................................................       17,664

             Chief assistant...............................................................................       16,061

             Chief counsel, department of highways....................................       16,008

             Deputy, Nevada gaming commission.........................................       16,800

             Deputy, welfare division, department of health, welfare and rehabilitation....................................................................       15,456

             Deputy, department of commerce...............................................       14,131

             Deputy, state department of conservation and natural resources          ............................................................................................. 14,131

             Deputy, department of motor vehicles.......................................       12,586

             Deputy, Las Vegas.........................................................................       12,806

             Deputy, public service commission of Nevada........................       15,456

             Deputy, office.................................................................................       12,806

             Deputy, office.................................................................................       12,806

             Legal analyst..................................................................................       12,696

             Investigator....................................................................................       12,144

             Deputy, office of director, department of health, welfare and rehabilitation....................................................................       12,696

             Deputy, office.................................................................................       12,696

             Deputy, Nevada tax commission.................................................       12,696

             Department of highways:

                          Deputy................................................................................       14,849

                          Deputy................................................................................       14,849

                          Deputy................................................................................       14,849

                          Deputy................................................................................       14,849

                          Legal research assistant.................................................         9,237

Colorado River commission of Nevada:

             Administrator.................................................................................       20,000

             Secretary.........................................................................................       15,000

Commission on crimes, delinquency and corrections:

             Director...........................................................................................       14,904

             Training coordinator...................................................................       12,500

Data processing commission:

             Manager..........................................................................................       14,000

Department of administration:

             Director...........................................................................................       19,872

             Budget division:

                          Deputy budget administrator.........................................       15,301

                          Chief assistant budget administrator...........................       12,696

             Buildings and grounds division:

                          Superintendent of buildings and grounds..................       12,696

                          Deputy superintendent of buildings and grounds.....         9,605

                          Chief assistant..................................................................         9,373

                          Marlette Lake water system supervisor........................         7,618

             Central data processing division:

                          Chief...................................................................................       16,229


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

ê1969 Statutes of Nevada, Page 1568 (Chapter 680, SB 538)ê

 

             Purchasing division:

                          Chief...................................................................................    $15,301

                          Deputy................................................................................       11,636

Department of civil defense and disaster assistance:

             Director of civil defense and disaster assistance....................       12,144

Department of commerce:

             Director...........................................................................................       19,430

             Banking division:

                          Superintendent of banks.................................................       16,560

                          Assistant superintendent of banks................................       12,696

             Insurance division:

                          Commissioner of insurance............................................       16,560

                          Chief deputy commissioner of insurance.....................       12,696

                          Chief assistant, Las Vegas..............................................       10,532

             Real estate division:

                          Real estate administrator...............................................       13,910

                          Chief investigator............................................................       10,665

                          Chief assistant..................................................................         8,611

                          Special investigator.........................................................         8,611

             Savings and loan division:

                          Commissioner of savings associations.........................       16,560

                          Deputy commissioner of savings associations, Las Vegas           ................................................................................. 12,696

Department of economic development:

             Director...........................................................................................       13,248

             Deputy director..............................................................................         9,539

             Deputy, tourism..............................................................................       12,000

             Deputy, industry............................................................................       12,000

Department of health, welfare and rehabilitation:

             Director...........................................................................................       19,430

             Alcoholism division:

                          Administrator....................................................................       11,548

             Children’s home division:

                          Superintendent.................................................................       14,600

             Mental hygiene and mental retardation division:

                          Superintendent and medical director of the Nevada state hospital..................................................................       28,704

                          Medical director of the Southern Nevada comprehensive mental health center.........................................................       26,000

             Nevada girls training center division:

                          Superintendent.................................................................       14,600

             Nevada youth training center division:

                          Superintendent.................................................................       14,600

             Rehabilitation division:

                          OASI medical consultant (one-half time).....................       12,144

Department of highways:

             State highway engineer...............................................................       20,976

             Deputy highway engineer............................................................       19,762

             Deputy highway engineer............................................................       19,762

             Business manager..........................................................................       19,762 Department of motor vehicles:

 


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ê1969 Statutes of Nevada, Page 1569 (Chapter 680, SB 538)ê

 

Department of motor vehicles:

             Director...........................................................................................    $17,664

             Deputy director..............................................................................       12,696

             Highway safety coordinator.......................................................       13,248

Department of parole and probation:

             Chief parole and probation officer...........................................       14,904

             Administrator, narcotic and dangerous drug division..........       13,248

Department of state printing:

             Superintendent (if appointed prior to January 4, 1971).......       15,000

             Superintendent (after January 4, 1971)...................................       18,000

             Chief assistant...............................................................................         6,982

Employment security department:

             Executive director.........................................................................       17,664

             Chief assistant...............................................................................         6,800

Governor’s mansion maintenance:

             Extra help.......................................................................................         2,650

             Cook.................................................................................................         5,520

Governor’s office:

             Administrative assistant...............................................................       18,000

             Administrative assistant...............................................................       18,000

             Press secretary...............................................................................       14,000

             Secretary to the governor............................................................         9,274

             Administrative secretaries, four in number, the total annual salaries of whom shall not exceed....................................................       27,112

             Receptionist and extradition clerk............................................         6,955

             Special assistant, Las Vegas.......................................................       14,000

Indian affairs commission:

             Executive director.........................................................................       11,502

Inspector of mines office:

             Chief assistant...............................................................................         6,774

Labor commissioner’s office:

             Labor commissioner......................................................................       14,000

             Deputy labor commissioner, Las Vegas....................................         9,274

             Chief assistant...............................................................................         8,241

Lost City museum:

             Curator............................................................................................         7,989

             Attendant........................................................................................         3,312

Nevada athletic commission:

             Executive secretary.......................................................................         9,274

Nevada commission on equal rights of citizens:

             Secretary.........................................................................................       11,502

             Assistant secretary........................................................................         8,280

Nevada commissioner for veteran affairs:

             Commissioner.................................................................................       11,592

             Deputy commissioner, Las Vegas...............................................       10,488

Nevada department of fish and game:

             Director...........................................................................................       16,030

Nevada education communications commission:

             Administrator.................................................................................       15,456 Nevada gaming commission:

 


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ê1969 Statutes of Nevada, Page 1570 (Chapter 680, SB 538)ê

 

Nevada gaming commission:

             Executive secretary.......................................................................    $17,000

             Research and planning: Certified or registered public accountants, each.....................................................................................       15,456

             Assistant executive secretary......................................................       12,044

             Tax administrators........................................................................       11,461

             Confidential secretaries..............................................................         8,983

             Tax and license examiners...........................................................         8,372

             Senior key punch operator..........................................................         6,487

             Research assistant.........................................................................         7,789

             Program specialists......................................................................         7,439

             Administrative assistants.............................................................         7,439

             Financial analyst..........................................................................       15,456

Nevada historical society:

             Executive secretary.......................................................................         9,605

             Assistant executive secretary......................................................         7,286

             Research librarian (part time)....................................................         3,312

Nevada industrial commission:

             Chairman........................................................................................       17,664

             Commissioner representative of labor......................................       16,000

             Commissioner representative of employers..............................       16,000

Nevada state museum:

             Director...........................................................................................       11,040

Nevada state prison:

             Warden............................................................................................       16,560

             Deputy warden...............................................................................       13,910

Nevada tax commission:

             Secretary.........................................................................................       17,664

             Assistant secretary........................................................................       15,300

Office of economic opportunity:

             Director...........................................................................................       11,502

             Deputy director..............................................................................       10,488

Public employees’ retirement board:

             Executive secretary.......................................................................       17,664

             Assistant executive secretary......................................................       12,078

             Chief assistant...............................................................................       10,068

Public service commission of Nevada:

             Chairman........................................................................................       17,664

             Commissioners (other than chairman) each............................       16,800

             Branch manager............................................................................       11,526

Secretary of state’s office:

             Deputy secretary of state.............................................................       12,144

             Deputy secretary of state (securities)........................................       12,144

             Chief assistant...............................................................................         7,618

State controller’s office:

             Deputy state controller................................................................       13,910

             Accountant.....................................................................................         9,936

State department of conservation and natural resources:

             Director...........................................................................................       19,430

             Assistant director..........................................................................       16,229


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ê1969 Statutes of Nevada, Page 1571 (Chapter 680, SB 538)ê

 

             Division of water resources:

                          State engineer...................................................................    $16,510

                          District supervisor, water commissioners (one-half time)            ................................................................................. 7,286

             Division of forestry:

                          State forester firewarden................................................       13,800

             Division of state parks:

                          Administrator of the Nevada state park system..........       13,800

                          Deputy administrator......................................................       13,067

State department of education:

             Superintendent of public instruction........................................       22,080

             Deputy superintendent of public instruction...........................       17,664

             Associate superintendent of public instruction for administration       ............................................................................................. 16,560

             Western states small school coordinator..................................       16,000

State gaming control board:

             Chairman........................................................................................       18,500

             Members (other than chairman) each.......................................       18,000

             Audit division:

                          Chief...................................................................................       15,898

                          Deputy................................................................................       12,656

                          Auditors..............................................................................       12,044

             Enforcement division:

                          Chief...................................................................................       15,395

                          Deputy................................................................................       12,044

                          Agents.................................................................................       11,461

             Investigative division:

                          Chief...................................................................................       15,898

                          Deputy................................................................................       13,968

                          Investigators......................................................................       12,667

             Office services:

                          Manager, Carson City.....................................................       14,016

                          Securities officer..............................................................       20,000

                          Files supervisor................................................................         8,167

                          Administrative secretaries..............................................         8,255

                          Principal clerk, typist or stenographer........................         6,800

                          Senior clerk, typist or stenographer.............................         5,093

                          Statistical analyst............................................................         7,087

                          Student (part time)...........................................................         3,096

State planning board:

             Manager and technical supervisor............................................       17,664

             Deputy manager............................................................................       15,301

             Chief assistant...............................................................................         9,098

State treasurer’s office:

             Deputy state treasurer..................................................................       12,144

             Chief assistant...............................................................................         7,949

Taxicab authority:

             Taxicab administrator..................................................................       16,000

 

      Sec. 2.  1.  Except as otherwise provided in section 3, of this act, there is hereby appropriated from the general fund in the state treasury, for the fiscal periods from July 1, 1969, to June 30, 1970, and from July 1, 1970, to June 30, 1971, the sums of $107,276 and $107,276, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between the appropriated funds of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 55th session of the legislature, and the salary requirements of unclassified personnel of such departments, commissions and agencies occasioned by the amendment of NRS 281.115 by the 55th session of the legislature.


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ê1969 Statutes of Nevada, Page 1572 (Chapter 680, SB 538)ê

 

fiscal periods from July 1, 1969, to June 30, 1970, and from July 1, 1970, to June 30, 1971, the sums of $107,276 and $107,276, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between the appropriated funds of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 55th session of the legislature, and the salary requirements of unclassified personnel of such departments, commissions and agencies occasioned by the amendment of NRS 281.115 by the 55th session of the legislature.

      2.  The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the funds herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the unclassified salary needs of such respective departments, commissions and agencies.

      Sec. 3.  1.  There is hereby appropriated from the state highway fund for the fiscal periods from July 1, 1969, to June 30, 1970, and from July 1, 1970, to June 30, 1971, the sums of $8,610 and $8,610, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may exist between the appropriated funds of the department of motor vehicles, the public service commission of Nevada and the office of the attorney general as fixed by the 55th session of the legislature, and the salary requirements of unclassified personnel of the above-named agencies occasioned by the amendment of NRS 281.115 by the 55th session of the legislature.

      2.  The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the agencies specified in subsection 1 out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amounts of money required to meet and pay the unclassified salary needs of such agencies.

      Sec. 4.  The balance of any moneys appropriated by sections 2 and 3 of this act for a specific fiscal year remaining unexpended at the end of such fiscal year shall, on September 30 following, revert to the fund from which such moneys were appropriated.

      Sec. 5.  1.  Except as otherwise stated in this subsection this act shall become effective at 12:02 a.m. on July 1, 1969. The provisions of section 1 of this act fixing the maximum annual salary of the taxicab administrator shall become effective upon passage and approval of this act.

      2.  Upon the effective date of this act, if the following bills of the 55th session of the Nevada legislature have been passed and approved, the following sections of such bills are hereby repealed:

      (a) Assembly Bill No. 411, section 1;

      (b) Assembly Bill No. 510, section 104;

      (c) Assembly Bill No. 748, section 2;

      (d) Assembly Bill No. 759, section 2;

      (e) Assembly Bill No. 760, section 2;


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ê1969 Statutes of Nevada, Page 1573 (Chapter 680, SB 538)ê

 

      (f) Assembly Bill No. 761, section 2;

      (g) Senate Bill No. 60, section 1;

      (h) Senate Bill No. 159, section 20;

      (i) Senate Bill No. 192, section 3; and

      (j) Senate Bill No. 374, section 74.

 

________

 

 

CHAPTER 681, SB 152

Senate Bill No. 152–Committee on Federal, State and Local Governments

CHAPTER 681

AN ACT relating to public securities and obligations; to amend the State Securities Law, the University Securities Law, the Local Government Securities Law and other laws pertaining to public securities and obligations; to amend and repeal sections of NRS and of the city charters of Elko, Henderson, North Las Vegas, Reno, Sparks and Wells to conform to such laws and to refer correctly thereto; relating to debt limitations; relating to bond elections and other elections pertaining to loans to the state and its political subdivisions; otherwise concerning the borrowing of money, the issuance of such securities, the other incurrence of obligations, the facilities and other properties pertaining thereto, and the levy, collection and use of general (ad valorem) property taxes, special assessments, rates, tolls, charges and other revenues and pledges and liens relating thereto; otherwise concerning powers, duties, rights, privileges, liabilities, limitations and other details in connection therewith; and providing other matters properly relating thereto.

 

[Approved May 4, 1969]

 

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

do enact as follows:

 

      Section 1.  NRS 244.560 is hereby amended to read as follows:

      244.560  In addition to powers elsewhere conferred upon the board of county commissioners, the board of county commissioners of any county [having a population, according to the 1950 United States census or any subsequent United States decennial census, of between 8,000 and 15,000] is authorized and empowered:

      1.  To establish, construct, purchase, otherwise acquire, improve and extend swimming pools, facilities and buildings therefor;

      2.  To equip and furnish the same;

      3.  To acquire a suitable site or ground for any of the facilities; and

      4.  To issue bonds therefor [,] (or any combination thereof), at one time, or from time to time.

      Sec. 2.  NRS 244.565 is hereby amended to read as follows:

      244.565  [1.]  Whenever the board of county commissioners shall, by resolution [,] or ordinance, as the board may decide, determine that the interest of the county and the public interest, necessity or desirability demand the creation of a bonded indebtedness [, or other obligations,] by the issuance of general obligation bonds, or the incurrence of special obligations by the issuance of revenue bonds, or the making of any contract creating an indebtedness with the United States of America, or any agency or instrumentality, corporation or otherwise, thereof, or any other person or corporation, public or private, [in excess of $5,000,] for any purpose authorized by NRS 244.560 to [244.635,] 244.625, inclusive, the board shall order the submission of a question authorizing the issuance of such [bonds, other obligations, or the creation of such] general obligation bonds or such revenue bonds or making such a contract creating an indebtedness to the qualified electors of the county at an election held for that purpose.


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

ê1969 Statutes of Nevada, Page 1574 (Chapter 681, SB 152)ê

 

purpose authorized by NRS 244.560 to [244.635,] 244.625, inclusive, the board shall order the submission of a question authorizing the issuance of such [bonds, other obligations, or the creation of such] general obligation bonds or such revenue bonds or making such a contract creating an indebtedness to the qualified electors of the county at an election held for that purpose. [Any such election may be held separately, or may be consolidated or held concurrently with any other election held in accordance with the laws of the State of Nevada.

      2.  The declaration of public interest, necessity or desirability herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest, necessity or desirability, shall recite:

      (a) The objects and purposes for which the indebtedness is proposed to be incurred;

      (b) The estimated costs of the facilities or improvements, as the case may be;

      (c) The amount of the principal of the indebtedness to be incurred therefor; and

      (d) The maximum rate of interest to