[Rev. 10/29/2015 1:28:32 PM]

Link to Page 960

 

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ê1971 Statutes of Nevada, Page 961 (Chapter 494, AB 220)ê

 

       (The matter in italics in the proposed amendment is proposed new language; the matter in brackets [   ] is the language proposed to be omitted.)

 

      Sec. 3.  1.  Whenever the term “county clerk” is used in this chapter it means “registrar of voters” in those counties where such office has been created pursuant to the provisions of NRS 244.164.

      2.  Not less than 35 days before the date of the special election, the secretary of state shall prepare and transmit by mail to the county clerk of each county in this state a sufficient number of certified copies of the special election proclamation for such county clerk, to carry out the duties imposed upon him by the provisions of this act.

      Sec. 4.  1.  Not less than 10 days before the date of the special election, each county clerk shall cause one certified copy of the special election proclamation to be posted in each precinct and voting district within the county outside of incorporated cities.

      2.  The county clerk shall cause the special election proclamation to be published once a week for 2 consecutive weeks prior to the date of the special election in a newspaper published within the county and having a general circulation therein or if no newspaper is published within the county then in a newspaper published in the State of Nevada and having a general circulation in the county.

      Sec. 5.  1.  Each county clerk shall cause to be published at least once, the publication to be not more than 32 days nor less than 22 days next preceding the date of the special election, in a newspaper published within the county and having a general circulation therein, or if no newspaper is published within the county then in a newspaper published in the State of Nevada and having a general circulation in the county, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.

      2.  Except as provided in subsection 3, the office of the county clerk shall be open for the registration of qualified electors for the special election from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted.

      3.  During the 5 days preceding the close of registration before the special election, the office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sunday and any legal holidays excepted.

      4.  In cities having a city election on June 8, 1971, the period open for registration of voters shall coincide with that provided for such city election, and in other areas the office of the county clerk shall be open for registration of voters for the special election from and including the 30th day next preceding such election up to but excluding the 20th day next preceding such election and during regular office hours except on Sundays and legal holidays.

      5.  The provisions of NRS 293.557 shall not apply and no list of registered voters shall be published at state or county expense.

      Sec. 6.  1.  Any qualified elector who is properly registered shall be qualified to vote on the question submitted at the special election. Absent voting shall be permitted thereon. Voting machines may be used for the submission of the question.


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ê1971 Statutes of Nevada, Page 962 (Chapter 494, AB 220)ê

 

      2.  The county clerk may consolidate or otherwise modify precincts or voting districts, shall designate the polling places, shall appoint election board officers for each precinct or voting district in such number as he may determine, and shall fix their duties and compensation, which compensation shall not exceed that specified in NRS 293.460.

      Sec. 7.  1.  At the time of issuing the special election proclamation, the secretary of state shall designate the color, size and form of all ballots and shall furnish the county clerks with the paper for the ballots. If possible, the paper shall be watermarked with a design furnished by the secretary of state in such manner that the watermark shall be plainly discernible on the outside of the ballot when folded properly.

      2.  The ballots shall be printed at the expense of the respective counties.

      3.  Any variance from the form prescribed by the secretary of state in any ballot cast at the special election shall not be so construed as to invalidate the same, provided it can be ascertained with reasonable certainty therefrom whether the voter intended to vote for or against the question by such ballot.

      Sec. 8.  1.  The paper ballots to be used at the special election shall contain the question to be voted upon and an explanation of the question as follows:

 

       Shall section 1 of article 2 of the constitution of the State of Nevada be amended to reduce the minimum voting age from 21 years to 18 years?

                                                                                                       Yes...............

                                                                                                       No................

(Explanation of Question)

 

       The proposed amendment to section 1 of article 2 of the constitution of the State of Nevada would reduce the minimum voting age to 18 years. A “yes” vote is a vote to reduce the minimum voting age to 18 years. A “no” vote is a vote not to reduce the minimum voting age to 18 years and to leave the minimum voting age at 21 years.

 

      2.  The ballot labels to be used on voting machines used in voting on the question shall be in substantially the following form:

 

       Shall the Nevada constitution be amended to reduce the minimum voting age to 18 years?

                                            Yes............                 No.............

 

      Sec. 9.  1.  The times for opening and closing the polls shall be as specified in NRS 293.273.

      2.  As soon as the polls are closed, the election board officers shall proceed to count the vote. The counting procedure shall be public and continue without adjournment until completed and shall be substantially in form and manner as provided by law for general elections in this state. The returns shall be completed by the election board officers and transmitted to the county clerk within 5 days after the closing of the polls at the special election.


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ê1971 Statutes of Nevada, Page 963 (Chapter 494, AB 220)ê

 

      Sec. 10.  1.  When the returns of the special election have been received by the county clerk, the board of county commissioners in each county shall convene specially not less than 3 days after the county clerk has received the special election returns, and shall forthwith proceed to canvass the returns.

      2.  The county clerk shall, as soon as the result is declared, enter upon the records of such board an abstract of the result, which shall contain the number of votes cast for and against the question. The board of county commissioners, after making such abstract of votes, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract and transmit the same by mail to the secretary of state in sufficient time to arrive at the office of the secretary of state on or before June 24, 1971.

      Sec. 11.  1.  On June 28, 1971, the justices of the supreme court, or a majority thereof, shall meet with the secretary of state, and shall open and canvass the vote for and against the question submitted and shall forthwith declare the results.

      2.  If a majority of the votes cast is for the question submitted the amendment of section 1 of article 2 of the constitution of the State of Nevada shall become effective immediately. If a majority of the votes cast is against the question submitted the question shall have failed and the amendment of section 1 of article 2 of the constitution of the State of Nevada shall not become effective.

      Sec. 12.  1.  The general election laws of this state consistent with the provisions of this act are hereby made applicable to the special election, and all election board officers shall perform all duties at the special election which are prescribed by the general election laws so far as the same are applicable to the special election.

      2.  Any county commissioner, sheriff, deputy sheriff, county clerk, election board officer, deputy registrar, or other officer who shall willfully or intentionally fail, neglect or omit to perform the duties prescribed by law for holding the special election is guilty of a misdemeanor in office, and shall, on conviction thereof, be punished by a fine not exceeding $500 or by imprisonment in the county jail not exceeding 6 months, or by both such fine and imprisonment, and shall forfeit and be removed from any office of profit or trust held by him at the time of such conviction.

      Sec. 13.  Any informalities, omissions or defects in publications, proclamations, notices or in making same, as provided in this act, or in the other proceedings by the officers thereof under which the special election shall be held shall not be so construed as to render invalid the adoption by a majority of the registered voters of the state voting on the question, provided it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether such question was adopted or rejected by a majority of such registered voters voting thereon at the special election.

      Sec. 14.  1.  There is here appropriated from the general fund in the state treasury for the support of the office of the secretary of state the sum of $2,500 for the payment of the necessary costs incurred by the secretary of state in carrying out the provisions of this act.


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ê1971 Statutes of Nevada, Page 964 (Chapter 494, AB 220)ê

 

      2.  There is hereby appropriated from the general fund in the state treasury the sum of $67,950 to be used to pay the counties of this state and Carson City for the actual costs incurred by them in conducting the special election. The moneys appropriated by this subsection shall be allocated as follows:

 

             County (including Carson City)                                                                 Amount

Carson City.....................................................................................................    $2,000

Churchill..........................................................................................................       3,500

Clark................................................................................................................    25,000

Douglas............................................................................................................          400

Elko..................................................................................................................       4,500

Esmeralda.......................................................................................................          750

Eureka.............................................................................................................          750

Humboldt........................................................................................................       2,000

Lander.............................................................................................................          750

Lincoln.............................................................................................................       1,500

Lyon.................................................................................................................       2,000

Mineral............................................................................................................       4,000

Nye...................................................................................................................       2,500

Pershing...........................................................................................................       3,000

Storey...............................................................................................................          800

Washoe............................................................................................................    10,000

White Pine.......................................................................................................       4,500

 

      3.  Immediately after ascertaining the actual costs of the special election incurred by the county and Carson City, each board of county commissioners and the board of supervisors of Carson City shall certify the same to the state board of examiners by claim, which claim shall be paid as other claims against the state are paid, but the state board of examiners shall approve each such claim only for the actual costs incurred by each county and not to exceed the amount allocated to each county in subsection 2. Any costs incurred by a county in excess of the amount so allocated in subsection 2 shall be paid by the county.

      4.  Any balances of the moneys appropriated by subsections 1 and 2 remaining unexpended on September 1, 1971, shall revert to the general fund of the state on September 1, 1971.

      Sec. 15.  This act shall become effective upon passage and approval.

 

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ê1971 Statutes of Nevada, Page 965ê

 

CHAPTER 495, SB 343

Senate Bill No. 343–Committee on Commerce

CHAPTER 495

AN ACT revising the law governing state banks and banking; defining words and terms; providing for state supervision and control, the organization and licensing of state banks and branch offices; specifying corporate requirements and powers; regulating deposits, withdrawals and collections; providing for examinations and reports; authorizing sales, mergers, consolidation and conversion; establishing methods for liquidation and reorganization; prohibiting certain practices and providing penalties; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 657 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  As used in this Title, except as otherwise specifically provided or the context otherwise requires, the words and terms defined in section 3 to 10, inclusive, of this act have the meanings ascribed to them in such sections.

      Sec. 3.  “Bank,” “commercial bank” or “banking corporation” refers to corporations conducting the business of receiving money as demand deposits and otherwise carrying on a banking or banking and trust business.

      Sec. 4.  “Banking division” means the banking division of the department of commerce.

      Sec. 5.  “Demand deposits” means all deposits the immediate withdrawal of which can be legally required upon a proper written request for such payment.

      Sec. 6.  “Insolvency” means any one or more of the following:

      1.  When a bank cannot meet its deposit liabilities as they become due in the regular course of business.

      2.  When the actual cash market value of a bank’s assets is insufficient to pay its liabilities to depositors and other creditors.

      3.  When a bank’s reserve falls under the amount required by this Title, and it fails to make good such reserve within 30 days after being required to do so by the superintendent.

      4.  Whenever the undivided profits and surplus are inadequate to cover losses of the bank and an impairment of the capital stock is created.

      Sec. 7.  “Net earnings” means the excess of the gross earnings of any bank over the expenses and losses chargeable against such earnings.

      Sec. 8.  “Superintendent” means the superintendent of banks.

      Sec. 9.  “Surplus” means a fund created pursuant to the provisions of this Title by a bank from payments by stockholders or from the bank’s net earnings or undivided profits which, to the amount specified and by any additions thereto set apart and designated as such, is not available for the payment of dividends and cannot be used for the payment of expenses or losses while such bank has undivided profits.

      Sec. 10.  “Time deposits” means all deposits the payment of which cannot be legally required within 30 days.


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ê1971 Statutes of Nevada, Page 966 (Chapter 495, SB 343)ê

 

      Sec. 11.  All provisions of chapter 78 of NRS not in conflict with this Title are hereby adopted as a part of this Title.

      Sec. 12.  The powers, privileges, duties and restrictions conferred and imposed upon any corporation, association or individual, existing and doing business under the laws of this state, are hereby abridged, enlarged or modified, as each particular case may require, to conform to the provisions of this Title, notwithstanding anything to the contrary in its respective articles of incorporation or charter.

      Sec. 13.  Chapter 658 of NRS is hereby amended to adding thereto the provisions set forth as sections 14 to 32, inclusive, of this act.

      Sec. 14.  The superintendent and the banking division shall administer the provisions of this Title, subject to administrative supervision by the director of the department of commerce.

      Sec. 15.  The superintendent shall be a person who has had practical banking experience. He shall not, either directly or indirectly, be interested in any bank or corporation to which this Title is applicable, except as a depositor, nor engage in business as a personal loan broker.

      Sec. 16.  1.  After appointment and before entering upon the discharge of the duties of his office, the superintendent shall:

      (a) Take and subscribe to an official oath.

      (b) Execute to the State of Nevada a good and sufficient bond for the faithful performance of his duties, in an amount not less than $50,000, which bond shall be approved in writing annually as to adequacy by the state board of examiners, and approved as to form by the attorney general. The bond shall be filed with the director of the department of commerce.

      2.  In every case where the superintendent is called upon to take charge of the affairs or assets of a bank or banks, in accordance with the provisions of this Title, the state board of finance shall require him to give an additional bond in such sum as may be fixed by the state board of finance. Such bonds shall be approved in like manner as his official bond provided for in subsection 1 and filed with the director of the department of commerce.

      Sec. 17.  The banking division shall be furnished with suitable offices for the performance of its duties in accordance with this Title.

      Sec. 18.  1.  Within the provisions of chapter 284 of NRS, the superintendent may appoint deputy superintendents of banks, examiners, assistants, clerks, stenographers and other employees necessary to assist him in the performance of his duties.

      2.  Such employees shall receive such salaries as may be authorized under the provisions of chapter 284 of NRS and other statutes and shall perform such duties as may be assigned to them by the superintendent.

      Sec. 19.  Every deputy superintendent of banks shall, before entering upon the discharge of his duties, take and subscribe to the constitutional oath of office.

      Sec. 20.  The superintendent and his staff shall be allowed traveling expenses and subsistence allowances as provided in NRS 281.160.

      Sec. 21.  The state board of finance shall act in an advisory capacity to the banking division in the administration of the provisions of this Title and perform such other functions as are required by such provisions.


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ê1971 Statutes of Nevada, Page 967 (Chapter 495, SB 343)ê

 

      Sec. 22.  1.  The superintendent shall charge and collect the following examination and survey fees in connection with his official duties:

      (a) For examination of state banks:

             (1) A fee of $100 for each parent bank, payable on June 30 and December 31 of each year.

             (2) A fee of $25 for each branch bank, payable on June 30 and December 31 of each year.

             (3) A fee of 4 cents per $1,000 of the total assets of all banks, payable semiannually on the basis of the call report of condition as of June 30 and December 31 of each year.

      (b) For surveys of new branch bank sites or new bank applications:

             (1) $100 per day, plus per diem expenses and travel allowance, for the examiner-in-charge.

             (2) $50 per day, plus per diem expenses and travel allowance, for each assistant of the examiner-in-charge.

      (c) For a special bank examination:

             (1) $100 per day, plus per diem expenses and travel allowance, for the examiner-in-charge.

             (2) $50 per day, plus per diem expenses and travel allowance, for each assistant of the examiner-in-charge.

      (d) For examination of trust departments of state banks:

             (1) $125 per day, plus per diem expenses and travel allowance, for the examiner-in-charge.

             (2) $50 per day, plus per idem expenses and travel allowance, for each assistant of the examiner-in-charge.

      2.  All moneys collected under this section shall be paid into the general fund in the state treasury.

      Sec. 23.  In addition to the other powers conferred upon him by this Title, the superintendent shall:

      1.  Be charged with the enforcement of the provisions of this Title, subject to administrative supervision by the director of the department of commerce; and

      2.  Have the power to make and publish rules and regulations for the governing of banks doing business under the provisions of this Title.

      Sec. 24.  1.  Particularly, the superintendent shall make summary orders in writing as provided in subsections 2 to 5, inclusive.

      2.  Whenever any banking corporation violates its charter or any law, or, in the opinion of the superintendent, is conducting its business in an unauthorized or unsafe manner, the superintendent shall forthwith issue an order, in writing, directing the discontinuance of such unauthorized or unsafe practices and requiring the delinquent bank to appear before him, at a time and place fixed in the order, to present any explanation in defense of the practices directed to be discontinued in the order.

      3.  Whenever it appears to the superintendent that the capital stock of any bank has been reduced in value below the requirements of law, or of its certificate of incorporation, he shall forthwith issue an order directing that such bank make good such deficiency forthwith or within a time specified in such order.

      4.  Whenever it appears to the superintendent that either the total reserves or reserves on hand of any bank are below the amount required by law to be maintained, or that such bank is not keeping its reserves on hand as required by this Title, he shall forthwith issue an order directing that such bank make good such reserves forthwith, or within the time specified within such order, or that it keep its reserves on hand as required by this Title.


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ê1971 Statutes of Nevada, Page 968 (Chapter 495, SB 343)ê

 

reserves or reserves on hand of any bank are below the amount required by law to be maintained, or that such bank is not keeping its reserves on hand as required by this Title, he shall forthwith issue an order directing that such bank make good such reserves forthwith, or within the time specified within such order, or that it keep its reserves on hand as required by this Title.

      5.  Whenever it appears to the superintendent that any bank to which this Title is applicable does not keep its books or accounts in such manner as to enable the superintendent readily to ascertain its true condition, he shall issue an order requiring such bank, or the officers thereof, or any of them, to open and keep such books or accounts as he may, in his discretion, determine and prescribe for the purpose of keeping accurate and convenient records of the transactions and accounts of such bank.

      Sec. 25.  1.  Any bank aggrieved by any decision or order issued by the superintendent or any member of his staff shall appeal to the state board of finance if a review of such decision or order is desired.

      2.  The procedure set forth in section 38 of this act shall govern all such appeals.

      Sec. 26.  All licenses, orders and certificates issued by the superintendent shall be attested by the seal of the banking division and by the signature of the superintendent.

      Sec. 27.  1.  The superintendent may offer, under such conditions as he may deem proper, rewards not to exceed the sum of $500 in any one case for the arrest and conviction of any officer, director, agent or employee of any bank charged with violating any of the laws of this state relating to banks and banking for which a criminal penalty is provided, or for the arrest and conviction of any person charged with stealing, with or without force, any money, property or thing of value of any bank.

      2.  The state treasurer shall pay out of the general fund in the state treasury all such rewards when they are approved by the state board of examiners in the usual manner for allowing other claims against the state.

      Sec. 28.  Any member of the state board of finance, the superintendent or any member of his staff, who willfully neglects to perform any duty required by this Title, or who knowingly makes any false statement concerning any bank, or any injurious statement concerning any bank, except in the exercise of his duty, or who is guilty of malfeasance or corruption in office, shall, upon conviction thereof, be guilty of a felony and punished by a fine of not more than $1,000 or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment, and in addition shall be removed from office.

      Sec. 29.  1.  Except as otherwise provided in subsection 2, no officer or employee of the banking division shall be an officer, director, trustee, attorney or shareholder in any bank in the State of Nevada or receive, directly or indirectly, any payment from any such bank or be indebted to any state bank, or engaged in the negotiation of loans for others with any such bank.

      2.  Any officer or employee of the banking division may be a depositor on the same terms as are available to the public generally, or may be indebted to a bank upon:

      (a) A mortgage loan upon his own home.


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ê1971 Statutes of Nevada, Page 969 (Chapter 495, SB 343)ê

 

      (b) A secured installment debt transferred to a bank in regular course of business by a seller of merchandise purchased by the officer or employee.

      Sec. 30.  Notwithstanding any other provisions of this Title, the state board of finance, in the exercise of its authority to review the action of the superintendent, shall be bound by the requirements, conditions and limitations imposed by this Title on the superintendent as to the certification of new banks or the establishment of branch banks.

      Sec. 31.  In addition to the express powers, duties and functions given to the superintendent by this Title, the superintendent has such other powers and rights as may be necessary or incident to the proper discharge of his duties.

      Sec. 32.  1.  The superintendent may sue and prosecute or defend in any action or proceeding in any court of this state or any other state and in any court of the United States for the enforcement or protection of any right or pursuit of any remedy necessary or proper in connection with the subjects committed to him for administration or in connection with any bank or the rights, liabilities, property or assets thereof, under his supervision.

      2.  The superintendent shall not be liable to be sued except as other departments and agencies of the state may be liable under the general law.

      Sec. 33.  Chapter 659 of NRS is hereby amended by adding thereto the provisions set forth as sections 34 to 45, inclusive, of this act.

      Sec. 34.  Any number of persons, not less than three, who may be desirous of forming a bank and engaging in the business of establishing, maintaining and operating banks of discount and deposit, savings, time and demand deposits, or engaging in the business of establishing, maintaining and operating offices of loan and deposits, or operating banks engaged in doing a trust and fiduciary business, shall be incorporated as a banking corporation in the manner provided in this Title.

      Sec. 35.  The articles of incorporation shall set forth:

      1.  The name of the corporation. No name shall be used which is already in use by another existing corporation organized under the laws of this state or of the Congress, or so nearly similar thereto as to lead to uncertainty or confusion.

      2.  The location of its principal office in this state.

      3.  The nature of its business.

      4.  The names and post office addresses of subscribers for stock, and the number of shares subscribed by each. The aggregate of such subscriptions shall be the amount of the capital with which the bank will commence business.

      5.  The period, if any, limited for the duration of the banking corporation.

      Sec. 36.  1.  The articles of incorporation shall be signed by the original incorporators, or a majority of them, and shall be proved or acknowledged before an officer duly authorized under the laws of this state to take proof or acknowledgment of deeds, and shall be filed in the office of the secretary of state.

      2.  The secretary of state shall forthwith transmit to the superintendent a copy of the articles of incorporation, and shall not issue a corporation charter certificate or record the articles of incorporation until authorized to do so by the superintendent as provided in section 39 of this act.


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ê1971 Statutes of Nevada, Page 970 (Chapter 495, SB 343)ê

 

a copy of the articles of incorporation, and shall not issue a corporation charter certificate or record the articles of incorporation until authorized to do so by the superintendent as provided in section 39 of this act.

      Sec. 37.  1.  Upon receipt of a copy of the articles of incorporation of the proposed bank, the superintendent shall at once examine into all of the facts connected with the formation of such proposed banking corporation, including its location and proposed stockholders. If it appears that such corporation, if formed, will be lawfully entitled to commence the business of banking, the superintendent shall so certify to the secretary of state, unless upon examination and investigation he finds that:

      (a) The proposed corporation is formed for any other than legitimate banking business;

      (b) The character, general fitness and responsibility of the persons proposed as stockholders, directors, officers and other managerial officials of such corporation are not such as to command the confidence of the community in which such bank is proposed to be located;

      (c) The probable volume of business and reasonable public demand in such community is not sufficient to assure and maintain the solvency of the new bank and of the then-existing bank or banks in the community;

      (d) The name of the proposed corporation is likely to mislead the public as to its character or purpose; or

      (e) The proposed name is the same as the one already adopted or appropriated by an existing bank in this state, or so similar thereto as to be likely to mislead the public.

      2.  The superintendent shall not make the certification to the secretary of state until he has ascertained that the establishment of such bank will meet the needs and promote the convenience of the community to be served by the bank.

      Sec. 38.  1.  Any person aggrieved by any decision of the superintendent made under section 37 of this act shall appeal to the state board of finance, if a review of such decision is desired. If an appeal is taken, the state board of finance shall conduct a full hearing in accordance with the provisions of the Nevada Administrative Procedure Act.

      2.  Any person aggrieved by a final decision of the state board of finance may obtain a review of such decision solely on the record made before the state board of finance, with no trial de novo, limited or otherwise, by filing a petition in the district court as provided in subsection 2 of NRS 233B.130.

      Sec. 39.  1.  Upon receipt of the certification from the superintendent, the secretary of state shall, if the articles of incorporation are in accordance with law, issue the articles and cause them to be recorded in his office. The secretary of state shall, upon the payment of the organization fees, certify under his official seal two copies of the articles of incorporation. One of such copies shall forthwith be filed in the office of the county clerk of the county where the principal office of such banking corporation in this state is to be located. The other certified copy shall be filed in the office of the superintendent.

      2.  Upon completion of the requirements of subsection 1, the banking corporation shall be legally constituted a corporation under the name stated in the articles of incorporation.


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ê1971 Statutes of Nevada, Page 971 (Chapter 495, SB 343)ê

 

      3.  The articles of incorporation, or a copy thereof, duly certified by the secretary of state or the county clerk of the county in which such articles are recorded, or by the superintendent, under their respective seals, shall be evidence in all courts and places, and shall, in all judicial proceedings, be prima facie evidence of the complete organization and incorporation of the banking corporation purporting thereby to have been established.

      4.  The corporation charter certificate of any bank is void if such bank fails to complete its organization and open for business to the public within 6 months after the date of filing its articles of incorporation with the secretary of state. The superintendent may extend such 6-month limitation for good cause.

      Sec. 40.  1.  Subject to subsection 2, the capital stock of every bank shall be fully paid in, in cash, before it is authorized by the superintendent to commence business. The full payment in cash of the capital stock shall be certified to the superintendent under oath by the president and cashier of the bank.

      2.  The stock sold by any bank in process of organization, or for an increase of the capital stock, shall be accounted for to the bank in the full amount paid for the same. No commission or fee shall be paid to any person, association or corporation for selling such stock. The superintendent shall refuse any bank the authority to commence business if commissions or fees have been paid, or have been contracted to be paid by the bank, or by anyone in its behalf, to any person, association or corporation for securing subscriptions for or selling stock in such bank.

      Sec. 41.  Before the banking corporation begins the business of banking, banking and trust or fiduciary business, it shall file with the superintendent:

      1.  A statement under oath by the president or cashier, containing the names of all the directors and officers, with the date of their election or appointment, terms of office, residences and post office address of each, the amount of capital stock of which each is the owner in good faith and the amount of money paid in on account of the capital stock. Nothing shall be received in payment of capital stock but money.

      2.  Proof that the bank is a member of the Federal Deposit Insurance Corporation.

      Sec. 42.  1.  Upon filing of the statement and proof by the banking corporation, as required by section 41 of this act, the superintendent shall examine into its affairs, ascertain especially the amount of money paid in on account of its capital, the name and place of residence of each director, the amount of capital stock of which each is the owner in good faith, and whether such banking corporation has complied with all the provisions of law required to entitle it to engage in business.

      2.  If upon such examination the superintendent finds that the banking corporation is lawfully entitled to commence the business of banking, banking and trust or fiduciary business, he shall give to such banking corporation a certificate signed by the superintendent that such corporation has complied with all the provisions of the law required, before commencing the business of banking, and that such corporation is authorized to commence business.


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ê1971 Statutes of Nevada, Page 972 (Chapter 495, SB 343)ê

 

      Sec. 43.  No banking corporation shall transact any business except such as is incidental and necessarily preliminary to its organization until it has been authorized to do so by the superintendent.

      Sec. 44.  1.  No corporation, except a bank doing business under the laws of the United States, shall engage in the banking business in this state without first obtaining from the superintendent, as provided in this section, a license authorizing such corporation to use the name and transact the business of a bank. The transacting of any banking business without such authority is a gross misdemeanor.

      2.  The amount of fees to be paid for such license shall be regulated in proportion to its authorized capitalization, as follows:

      (a) A bank having a capitalization of more than $250,000 and up to and including $500,000 shall pay a license fee of $500.

      (b) A bank having a capitalization of more than $500,000 and up to and including $1,000,000 shall pay a license fee of $750.

      (c) A bank having a capitalization of more than $1,000,000 shall pay a license fee of $1,000.

      3.  In addition to the provisions of subsection 2, every such bank shall pay a license fee of $100 for each branch bank or branch office maintained by it.

      4.  Every such bank shall pay annually thereafter, on April 1 of each year, a license fee equal to the original license fee provided in this section.

      5.  All moneys collected under the provisions of this section shall be paid into the general fund in the state treasury, and the state treasurer is required to issue his receipt therefor.

      6.  The provisions of this section do not apply to any bank while any portion of its deposits are restricted as to withdrawal pursuant to the provisions of this Title authorizing such restriction of withdrawals.

      Sec. 45.  1.  After July 1, 1971, a corporation shall not be chartered under the laws of this state with the words “bank” or “banking” as part of its name except corporations reporting to and under the supervision of the superintendent, or corporations under the supervision of the commissioner of insurance. A corporate name shall not be amended to include the words “bank” or “banking” unless the corporation is under such supervision.

      2.  No person, association, firm or corporation domiciled within the State of Nevada, except corporations reporting to and under the supervision of the superintendent or under the supervision of the commissioner of insurance, shall advertise or put forth any sign as bank, banking or banker or use the word “bank,” “banking” or “banker” as part of its name and title.

      3.  Any violation of the provisions of this section is a misdemeanor, and upon conviction thereof the offender shall be fined in a sum not exceeding $500 for each offense.

      Sec. 46.  Chapter 660 of NRS is hereby amended by adding thereto the provisions set forth as sections 47 to 49, inclusive, of this act.

      Sec. 47.  1.  Banks organized under this Title may maintain branch offices but the location of the principal office and the parent bank shall be within the State of Nevada.


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ê1971 Statutes of Nevada, Page 973 (Chapter 495, SB 343)ê

 

      2.  Additional branch offices may be from time to time established by the board of directors with the written consent of the superintendent.

      3.  A bank may discontinue a branch office upon resolution of its board of directors. Upon the adoption of such a resolution, the bank shall file a certification with the superintendent specifying the location of the branch office to be discontinued and the date upon which it is proposed that the discontinuance is to be effective. This certificate must state the reasons for the closing of such branch office and indicate that the needs and conveniences of the community would still be adequately met. Notice stating the intention to discontinue such branch office shall be published in a newspaper serving such community once a week for 4 consecutive weeks before any certificate requesting discontinuance is filed with the superintendent. No such branch office may be discontinued until approved by the superintendent, who shall first hold a public hearing thereon, if so requested by any interested person.

      4.  Any action taken by the superintendent pursuant to this section shall be subject to review in the same manner as provided in section 38 of this act.

      Sec. 48.  1.  As used in this section “service center” is a place where functions of a bank are performed that do not involve the receiving of deposits, making of loans or withdrawals or the handling of cash.

      2.  Banks organized under this Title may establish and maintain one or more service centers according to their needs.

      3.  A service center may be established by a bank by the vote of its board of directors. The bank shall inform the superintendent in writing of its intention to establish a service center and the location thereof.

      4.  A service center does not constitute branch banking. No license, certificate or prior approval of the superintendent, of the banking division or of the department of commerce is necessary before a service center may be established.

      Sec. 49.  1.  Any bank organized under the laws of this state possessing a capital and surplus of $1,000,000 or more may file an application with the superintendent for permission to establish, upon conditions and under such regulations as may be prescribed by the superintendent, branches in foreign countries or dependencies or singular possessions of the United States for the furtherance of the foreign commerce of the United States, and to act, if required to do so, as fiscal agents of the United States.

      2.  The application shall specify:

      (a) The name, capital and surplus of the bank filing it.

      (b) The powers applied for.

      (c) The place or places where the banking operations are to be carried on.

      3.  The superintendent may:

      (a) Approve or reject such application in whole or in part if for any reason the granting of such application is deemed inexpedient.

      (b) From time to time to increase or decrease the number of places where such banking operations may be carried on.

      4.  Every bank operating foreign branches shall be required to furnish information concerning the condition of such branches to the superintendent upon demand, and the superintendent may order special examinations of such branches at such time or times as he may deem best.


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ê1971 Statutes of Nevada, Page 974 (Chapter 495, SB 343)ê

 

information concerning the condition of such branches to the superintendent upon demand, and the superintendent may order special examinations of such branches at such time or times as he may deem best.

      5.  Each bank shall conduct the accounts of each foreign branch independently of the accounts of other foreign branches established by it and of its home office, and shall at the end of each year transfer to its general ledger the profit or loss accrued at each branch as a separate item.

      Sec. 50.  Chapter 661 of NRS is hereby amended by adding thereto the provisions set forth as sections 51 to 74, inclusive, of this act.

      Sec. 51.  After July 1, 1971, no bank shall be:

      1.  Organized with a less capital than $250,000, or in such greater amount as may be required by the superintendent, and paid-up surplus of $50,000, or in such greater amount as may be required by the superintendent, and the full amount of the capital and surplus of any bank must be paid in cash, exclusive of all organization expenses, except as otherwise provided in this Title, before it shall be authorized to commence the business of banking.

      2.  Organized or authorized to do banking or banking and trust business unless it is a member in good standing of the Federal Deposit Insurance Corporation.

      Sec. 52.  1.  The paid-up capital, together with the surplus, undivided profits, capital notes, debentures and reserves for losses of any state bank, shall, subject to the limitations of section 51 of this act, be at least 6 percent of the total deposit liability of the bank as may be determined by the superintendent. In determining the amount of paid-up capital, surplus, undivided profits, capital notes, debentures and reserves for losses that will be required, the superintendent shall give due consideration to the character and liquidity of the assets of the bank and to the standards regarding capital requirements established by other state and federal banking supervising agencies.

      2.  The superintendent shall, for the purpose of determining capital requirements for any state bank, include capital, surplus, undivided profits, capital notes, debentures and any reserve for losses, and may include as capital 6 percent of the par value of all unpledged United States Government bonds owned by the bank.

      3.  The deposit liability for the purposes of this section shall be the average of daily deposit liabilities for the preceding 60 calendar days.

      4.  Nothing in this section prohibits the acceptance of deposits by any bank while it is proceeding expeditiously, as determined by the superintendent, to comply with the provisions of this section.

      Sec. 53.  1.  A banking corporation doing business under the provisions of this Title may increase its capital stock as provided by law for other corporations.

      2.  A bank may, with the approval of the superintendent and by the vote of the holders of at least two-thirds of the stock of the particular class or classes of stock entitled to vote on such proposal, amend its charter to authorize an increase in the authorized but unissued common stock of the bank, in an amount not to exceed 10 percent of the outstanding shares of such class or classes of stock. Any such authorized increase of stock shall be free from preemptive rights.

      3.  The authorized but unissued stock may be issued from time to time to officers or employees of the bank pursuant to a stock option or stock purchase plan adopted in accordance with this Title.


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ê1971 Statutes of Nevada, Page 975 (Chapter 495, SB 343)ê

 

time to officers or employees of the bank pursuant to a stock option or stock purchase plan adopted in accordance with this Title.

      Sec. 54.  1.  Except as provided in subsection 2, a corporation doing business under the provisions of this Title may reduce its capital stock in the manner provided for other corporations upon a vote in favor of the decrease of two-thirds in interest of each class of stockholders with voting powers.

      2.  No bank shall reduce its capital stock to an amount less than the minimum required by law. Such reduction shall not be valid or warrant the cancellation of stock certificates until it has been approved by the superintendent. Such approval shall not be given except upon a finding by the superintendent that the security of existing creditors of the corporation will not be impaired.

      Sec. 55.  The common stockholders of any bank organized after July 1, 1971, under the laws of the State of Nevada shall pay in, in cash, a surplus fund equal to 20 percent of its common capital stock before the bank is authorized to commence business.

      Sec. 56.  Persons holding stock as executors, administrators, guardians or trustees shall not personally be subject to any liabilities as stockholders, but the estates and funds in their hands shall be liable in like manner and to the same extent as the testator, testate, ward or person interested in such trust fund would be, if living and competent to hold stock in his own name.

      Sec. 57.  1.  Whenever any stockholder, or his assignee, fails to pay any installment on the stock when such installment is required by law to be paid, the directors of the bank shall sell the stock of such delinquent stockholder at public or private sale, as they may deem best, having first given the delinquent stockholder 20 days’ notice, personally or by mail, at his last-known address.

      2.  If no person can be found who will pay for such stock the amount due thereon, together with any additional indebtedness of the stockholder to the bank, the amount previously paid shall be forfeited to the bank. Such stock shall be sold, as the directors may order, within 30 days of the time of such forfeiture and, if not sold, it shall be canceled and deducted from the capital stock of the bank.

      Sec. 58.  1.  If the capital of any bank has become impaired and the surplus and undivided profits of such bank are insufficient to make such impairment good, the superintendent shall notify such bank to make the impairment good within 60 days of such notice by an assessment upon the stockholders of the bank.

      2.  The officers and directors of the bank receiving such notice shall immediately call a special meeting of the stockholders for the purpose of making an assessment upon its stockholders payable in cash sufficient to cover the impairment of the capital. The assessment shall be made at such meeting unless the capital of the bank is reduced to the extent of the impairment as provided in section 54 of this act.

      3.  If any stockholder of such bank neglects or refuses to pay the required assessment, the board of directors shall, to make good the deficiency, cause a sufficient amount of the capital stock of such stockholder or stockholders to be sold at public auction, upon 30 days’ notice. Such notice shall be given by posting a notice of the sale in the office of the bank and by publishing the notice in a newspaper in the place where the bank is located, or if there is no newspaper there, then in a newspaper circulating in the county in which the bank is located.


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ê1971 Statutes of Nevada, Page 976 (Chapter 495, SB 343)ê

 

bank and by publishing the notice in a newspaper in the place where the bank is located, or if there is no newspaper there, then in a newspaper circulating in the county in which the bank is located. The balance, if any, over and above the deficiency, shall be returned to the delinquent shareholder or shareholders.

      4.  If, within 3 months after receiving notice from the superintendent, the bank fails to make good the deficiency in its capital stock, the superintendent may forthwith take possession of the property and business of such bank until its affairs are finally liquidated as provided by law.

      5.  A sale of stock as provided in this section shall effect an absolute cancellation of the outstanding certificate or certificates evidencing the stock so sold, and the certificate shall be void. A new certificate shall be issued by the bank to the purchaser of such stock.

      Sec. 59.  The holders of capital stock of any corporation organized under the provisions of this Title, after they have fully paid therefor, shall be under no stockholder’s liability to the creditors of such corporation; but where the capital stock of any bank has been impaired, an assessment upon the stockholders as provided in section 58 of this act may be levied to make such impairment good, and the stock of any shareholder of such bank may be sold as provided in section 58 of this act, if the assessment is not paid.

      Sec. 60.  1.  Notwithstanding any other provision of law, any banking corporation organized under the laws of this state may, with the approval of the superintendent and by vote of shareholders owning a majority of the stock of such corporation, upon not less than 10 days’ notice given by registered or certified mail pursuant to action taken by its board of directors, issue preferred stock of one or more classes, in such amount and with such par value as is approved by the superintendent, and make such amendments to its articles of incorporation as may be necessary for this purpose; but, in the case of a newly organized banking corporation which has not yet issued common stock, the requirements of notice to and vote of shareholders shall not apply.

      2.  No issue of preferred stock shall be valid until the par value of all stock so issued is paid in.

      3.  Any preferred stock lawfully issued by a banking corporation organized under the laws of this state shall be included in determining whether such banking corporation has complied with the minimum capital requirements provided by this Title.

      4.  Such preferred stock shall in no case be subject to any assessment.

      5.  The holders of such preferred stock shall not be held individually responsible as such holders for any debts, contract or engagements of such banking corporation, and shall not be held liable for assessments to restore impairments in the capital of such corporation.

      6.  Preferred stock shall have such voting rights and be subject to retirement in such manner and upon such terms and conditions as may be provided in the articles of incorporation of new banks or amendments to the articles of incorporation of existing banks.

      7.  No dividends shall be declared or paid on common stock until all cumulative dividends on the preferred stock have been paid in full; and if the bank is liquidated, either through voluntary or involuntary proceedings, and if all depositors and creditors are paid in full, then the preferred stockholders shall be paid the full par value of their stock, plus all cumulated dividends prior to any distribution to holders of common stock.


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ê1971 Statutes of Nevada, Page 977 (Chapter 495, SB 343)ê

 

preferred stockholders shall be paid the full par value of their stock, plus all cumulated dividends prior to any distribution to holders of common stock.

      Sec. 61.  1.  The president and cashier of every bank shall cause to be kept at all times in the banking room where the bank’s business is transacted, a full and correct list of the names and places of residence of its stockholders, and the number of shares held by each.

      2.  Such list shall be open to the inspection of the officers authorized to assess taxes under state authority during the business hours of each day in which business may be legally transacted.

      3.  On the 1st Monday in January of each year, a copy of such list, verified by the oath of the president or cashier, shall be transmitted to the superintendent and shall be filed in his office for the confidential use of the superintendent.

      Sec. 62.  1.  As used in this section, “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policy of the bank, or a change in the ownership of as much as 10 percent of the outstanding voting stock in any bank.

      2.  Whenever a change occurs in the outstanding voting stock of any bank which will result in a change in the control of the bank, the president or other chief executive officer of such bank shall report such facts to the superintendent within 24 hours after obtaining knowledge of such change in the control of the bank.

      3.  Whenever a loan or loans are made by a bank, which loan or loans are, or are to be, secured by 10 percent or more of the voting stock of a Nevada bank, the president or other chief executive officer of the bank which makes the loan or loans shall report such fact to the superintendent within 24 hours after obtaining knowledge of such loan or loans, except when the borrower has been the owner of record of the stock for a period of 1 year or more, or the stock is of a newly organized bank prior to its opening.

      4.  The reports required in subsections 2 and 3 shall be in addition to any reports required by any other law and shall contain whatever information is available to inform the superintendent of the effect of the transaction upon control of the bank whose stock is involved, and shall contain, when known by the person making the report:

      (a) The number of shares involved;

      (b) The identity of the sellers or transferors and purchasers or transferees of record;

      (c) The identity of the beneficial owners of the shares involved;

      (d) The purchase price;

      (e) The total number of shares owned by the sellers or transferors and purchasers or transferees of record, both immediately prior to and after the transaction being reported;

      (f) The total number of shares owned by the beneficial owners of the shares involved, both immediately prior to and after the transaction being reported;

      (g) The identity of borrowers;

      (h) The name of the bank issuing the stock securing the loan; and

      (i) The number of shares securing the loan and the amount of the loan or loans.


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ê1971 Statutes of Nevada, Page 978 (Chapter 495, SB 343)ê

 

      5.  Each bank shall report to the superintendent within 24 hours any changes in chief executive officers or directors, including in its report a statement of the past and current business and professional affiliations of new chief executive officers or directors. Any new chief executive officer shall furnish to the superintendent a complete financial statement as may be required by the superintendent.

      Sec. 63.  The affairs and business of any banking corporation organized under the laws of this state shall be managed or controlled by a board of directors of not less than five in number, who shall be selected from the stockholders at the first annual meeting of stockholders, to be held no later than March 31 of each year, and in such manner as may be provided by the bylaws of the corporation.

      Sec. 64.  1.  No person shall be eligible to serve as a director of any bank, organized or existing under the laws of this state, unless he is a bona fide owner of $1,000 of the stock of such bank, fully paid and not hypothecated.

      2.  A majority of the board of directors of every bank shall be residents of the State of Nevada, and at least one of the directors shall reside in the county where its principal place of business is to be conducted.

      Sec. 65.  1.  A director, when selected, shall take an oath that:

      (a) He will, so far as the duty devolves upon him, diligently and honestly administer the affairs of such bank, and will not knowingly violate, or willingly permit to be violated, any of the provisions of this Title.

      (b) He is the owner, in good faith and in his own right, of the number of shares of stock required by this Title standing in his name on the books of the corporation, and that the same is not hypothecated or in any way pledged as security for any loan or debt.

      2.  Such oath, subscribed by the director making it and certified by the notary public before whom it was taken, shall be immediately transmitted to the superintendent and shall be filed and preserved in his office.

      Sec. 66.  1.  The board of directors shall meet at least once each month in regular meeting and, at least quarterly, a thorough examination of the books, records, funds and securities held by the bank shall be made. Such examination may be dispensed with if an annual audit is made of such books, records, funds and securities.

      2.  At each meeting of the directors, regular or special, the minutes of the previous meeting shall be read and corrected, as may be desired, and thereupon signed by each director present.

      Sec. 67.  1.  The directors shall elect from their number a president, and shall appoint a vice president or vice presidents, a cashier, a secretary and such other officers as may be provided for in the bylaws.

      2.  Such officers shall hold their offices for the term of 1 year and until their successors have been elected or appointed and qualified, unless sooner removed by the board of directors.

      Sec. 68.  1.  The active officers and employees of any bank before entering upon their duties shall give bond to the bank in a surety company authorized to do business in Nevada, in the amount required by the directors and upon such form as may be approved by the superintendent, the premium for such bond to be paid by the bank.

      2.  The superintendent or directors of such bank may require an increase of the amount of such bond whenever they deem it necessary.


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ê1971 Statutes of Nevada, Page 979 (Chapter 495, SB 343)ê

 

increase of the amount of such bond whenever they deem it necessary. If injured by the breach of any bond given hereunder, the bank so injured may commence an action and recover such damages as it may have sustained.

      Sec. 69.  Any director, officer or other person who participates in any violation of the laws of this state relative to banks is liable for all damage which the bank, its stockholders, depositors or creditors sustain in consequence of such violation.

      Sec. 70.  Any overdraft indebtedness must be converted into a solvent note or actually paid within 30 days.

      Sec. 71.  (There is no section 71.)

      Sec. 72.  Any losses in excess of its undivided profits sustained by any bank operating under the provisions of this Title may be charged to its surplus fund; but its surplus fund shall thereafter be reimbursed from its earnings until the minimum for such fund required under the provisions of this Title has been reestablished, and no dividends shall be paid while such fund is less than such minimum.

      Sec. 73.  1.  No bank or bank officer or director thereof shall withdraw or permit to be withdrawn, either in the form of dividends or otherwise, any portion of its capital.

      2.  If losses have at any time been sustained by such bank equal to or exceeding its undivided profits then on hand, no dividend shall be paid; and no dividend shall be declared by any bank while it continues its banking business to any amount greater than its profits on hand, deducting therefrom its losses, to be ascertained by a careful estimate of the actual value of its assets at the time of making such dividends.

      3.  Nothing in this section prevents the reduction of the capital stock of any bank in the manner prescribed in this Title.

      Sec. 74.  1.  As used in this section, “net profits” means the remainder of all earnings from operations plus actual recoveries on loans and investments and other assets, after deducting from the total thereof all operating expenses, actual losses, transfers to reserve for loan losses and all federal and state taxes.

      2.  The directors of any state bank may, from time to time, declare a dividend of so much of the net profits of the bank as they judge expedient, except that until the surplus fund of such bank equals its common capital, no dividends shall be declared unless there has first been carried to the surplus fund 10 percent of the previous year’s net profit. No dividends shall be paid unless the capital and surplus of the bank equal not less than the minimum capital requirements of section 52 of this act.

      Sec. 75.  Chapter 662 of NRS is hereby amended by adding thereto the provisions set forth as sections 76 to 107, inclusive, of this act.

      Sec. 76.  1.  In addition to the powers conferred by law upon private corporations, a bank has the power to:

      (a) Exercise by its board of directors or duly authorized officers and agents, subject to law, all powers necessary to carry on the business of banking, by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness, by receiving deposits, by buying and selling exchange, coin and bullion and by loaning money on personal security or real and personal property. Loans secured by real property shall not exceed 80 percent of the appraised value of the real property, nor shall such loans have a maturity date in excess of 30 years.


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ê1971 Statutes of Nevada, Page 980 (Chapter 495, SB 343)ê

 

property, nor shall such loans have a maturity date in excess of 30 years. At the time of making loans, banks may take and receive interest or discounts in advance where the effective rates of interest or discounts collected do not exceed the maximum rates of interest as provided by law.

      (b) Adopt regulations for their own government not inconsistent with the constitution and laws of this state.

      (c) Issue, advise and confirm letters of credit authorizing the beneficiaries thereof to draw upon the bank or its correspondents.

      (d) Receive money for transmission.

      (e) Establish and become a member of a clearing house association and to pledge assets required for its qualification.

      (f) Exercise any authority and perform all acts that a national bank may exercise or perform, with the consent and written approval of the superintendent.

      (g) Provide for the performance of bank service corporation services, such as data processing service and bookkeeping, subject to such rules and regulations as may be adopted by the superintendent.

      2.  A bank may purchase, hold and convey real property for the following purposes:

      (a) Such as is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion, which investment shall not exceed 60 percent of its paid-in capital stock and permanent surplus; but the superintendent may, in his discretion, authorize any bank located in a city having a population of more than 5,000 according to the last preceding national census of the Bureau of the Census of the United States Department of Commerce, to invest more than 60 percent of its capital and permanent surplus in its banking houses, furniture and fixtures.

      (b) Such as is mortgaged to it in good faith by way of security for loans made or moneys due to the bank.

      3.  Nothing in this section prohibits any bank from holding or disposing of any real property it may acquire through the collection of debts due it; but no such real property shall be held for a longer time than 10 years. It must be sold at private or public sale within 30 days thereafter. During the time that the bank holds such real property, the bank shall charge off such real property on a schedule of not less than 10 percent per year, or at such greater percentage per year as the superintendent may require.

      Sec. 77.  Subject to the approval of the superintendent, and on the authority of a majority of its board of directors, a bank may:

      1.  Enter into such contracts, incur such obligations and generally do and perform any and all such acts and things whatsoever as may be necessary or appropriate in order to take advantage of any and all memberships, loans, subscriptions, contracts, grants, rights or privileges which may at any time be available to inure to banking institutions, or to their depositors, creditors, stockholders, conservators, receivers or liquidators, by virtue of those provisions of the Federal Deposit Insurance Act (12 U.S.C. §§ 1811-1831) which creates the Federal Deposit Insurance Corporation and provides for the insurance of deposits, or of any other provisions of that or any other act or resolution of the Congress to aid, regulate or safeguard banking institutions and their depositors, including any amendments to such acts, laws or resolutions or substitutions therefor.


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ê1971 Statutes of Nevada, Page 981 (Chapter 495, SB 343)ê

 

or safeguard banking institutions and their depositors, including any amendments to such acts, laws or resolutions or substitutions therefor.

      2.  Subscribe for and acquire any stock, debentures, bonds or other types of securities of the Federal Deposit Insurance Corporation and shall comply with the lawful regulations and requirements from time to time issued or made by the Federal Deposit Insurance Corporation.

      Sec. 78.  1.  A bank may maintain separate departments and deposit in its commercial department to the credit of its trust department all uninvested fiduciary funds of cash and secure, under rules and regulations of the superintendent, all such deposits in the name of the trust department, whether in consolidated deposits or for separate fiduciary accounts, by segregating and delivering to the trust department such securities as may be eligible for the security of funds of the State of Nevada under subsection 1 of NRS 356.020. The amount, in par value, of such deposit of securities by each depository bank shall be at least the amount of the deposit with such depository bank. Such securities shall be held by the trust department as security for the full payment or repayment of all such deposits and shall be kept separate and apart from other assets of the trust department. Until all such deposits have been accounted for to the trust department or to the individual fiduciary account, no creditor of the bank shall have any claim or right to such security.

      2.  When fiduciary funds are deposited by the trust department in the commercial department of the bank, the deposit thereof shall not be deemed to constitute a use of such funds in the general business of the bank and the bank in such instance shall not be liable for interest on such funds.

      3.  To the extent and in the amount such deposits may be insured by the Federal Deposit Insurance Corporation, the amount of security required for such deposits by this section may be reduced.

      4.  The superintendent may make such rules and regulations as he may deem necessary for the enforcement of the provisions of this section.

      Sec. 79.  1.  As used in this section “dealing in investment securities” does not include the purchasing and selling of securities without recourse solely upon order and for the account of customers.

      2.  Banking corporation shall not engage in the business of dealing in any investment securities, either directly or through subsidiary corporations, except as otherwise provided in this Title for the investment in public securities or private securities.

      3.  Any provision contained in the articles of incorporation issued to any banking corporation prior to July 1, 1971, which is in conflict with this section is revoked.

      Sec. 80.  1.  Notwithstanding any restrictions or limitations on investment contained in any law of this state, a bank may, without limitation, invest its funds in public securities which include:

      (a) Obligations of the United States, its agencies or other obligations guaranteed by the United States Government.

      (b) Any bonds, general or revenue obligations or other debt obligations of any state of the United States or of any city, town, county, school district, improvement district, municipal corporation or quasi-municipal corporation of any state in the United States or other political subdivision of any such state.


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ê1971 Statutes of Nevada, Page 982 (Chapter 495, SB 343)ê

 

      (c) The bonds, debentures, securities or other similar obligations issued pursuant to:

             (1) The Federal Farm Loan Act, as amended;

             (2) The Farm Credit Act of 1933, as amended;

             (3) The Federal Home Loan Bank Act of 1932, as amended;

             (4) Any other federal act or authority, the bonds, debentures, securities or other similar obligations of which have been approved by the superintendent for investment.

      2.  This section is cumulative to all other laws relating to the investment of bank funds.

      Sec. 81.  1.  As used in this section, “private security” means a marketable obligation in the form of a bond, note or debenture which is commonly regarded as an investment security. It does not include investments which are predominantly speculative in nature.

      2.  A bank may purchase a private security for its own account when in its prudent banking judgment, which may be based in part upon estimates which is believes to be reliable, it determines that:

      (a) There is adequate evidence that the obligor will be able to perform all that it undertakes to perform in connection with the security, including all debt service requirements; and

      (b) The security may be sold with reasonable promptness at a price which corresponds reasonably to its fair value.

      3.  A bank may purchase a private security for its own account, although its judgment with respect to the obligor’s ability to perform is based predominantly upon estimates which it believes to be reliable. Although the appraisal of the prospects of any obligor will generally be based in part upon estimates, it is the purpose of this subsection to permit a bank to exercise a broader range of judgment with respect to a more restricted portion of its investment portfolio. This authority may be exercised not only in the absence of a record of performance, but also when there are prospects for improved performance.

      4.  A bank may consider as a factor in reaching its prudent banking judgment with respect to a private security, a ruling published by the superintendent on the eligibility of such security for purchase. Consideration shall be given, however, to the possibility that circumstances on which the ruling was based, may have changed since the time of the ruling.

      5.  Subject to the limitations of section 91.2 of this act, the investment in any private securities of any one obligor shall at no time be more than 25 percent of the unimpaired capital and permanent surplus of any bank.

      Sec. 81.2.  1.  Notwithstanding any restrictions or limitations on securities for deposits of public funds contained in any law of this state, the bonds, debentures, securities or other similar obligations issued pursuant to:

      (a) The Federal Farm Loan Act, as amended;

      (b) The Farm Credit Act of 1933, as amended;

      (c) The Federal Home Loan Bank Act of 1932, as amended; and

      (d) Any other federal act or authority, the bonds, debentures, securities or other similar obligations of which have been approved by the superintendent for investment,

shall be, without limitation, authorized securities for all deposits of public funds for the State of Nevada, of agencies of the State of Nevada, of counties of the State of Nevada, and of municipalities and other political subdivisions of the State of Nevada.


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ê1971 Statutes of Nevada, Page 983 (Chapter 495, SB 343)ê

 

funds for the State of Nevada, of agencies of the State of Nevada, of counties of the State of Nevada, and of municipalities and other political subdivisions of the State of Nevada.

      2.  This section is cumulative to all other laws relating to securities for deposits of such funds.

      Sec. 81.4.  1.  A bank shall not be required to maintain a reserve against deposits secured by any obligations of the United States, its agencies or any other obligations guaranteed by the United States Government or any of its agencies equal in par value to the amount of such deposits.

      2.  Such obligations shall be valid security for all loans and deposits.

      Sec. 81.6.  1.  To the same extent that a bank may invest its funds in obligations of the United States, a bank may invest its funds and may invest the money in its custody or possession which is eligible for investment:

      (a) In bonds or notes secured by a mortgage or deed of trust insured or guaranteed by the Federal Housing Administrator or the Veterans’ Administration.

      (b) In mortgages on real property which have been accepted for insurance by the Federal Housing Administrator or Veterans’ Administration; and

      (c) In obligations of national mortgage associations or bonds, debentures, consolidated bonds or other obligations of any federal home loan bank or banks.

      2.  A bank may make such loans:

      (a) Secured by real property, as the Federal Housing Administrator or Veterans’ Administration has insured or has made a commitment to insure, and may obtain such insurance.

      (b) As are insured or guaranteed by the Federal Housing Administrator, and on being approved as eligible for credit insurance by the Veterans’ Administration, may make such loans as are insured or guaranteed by the Veterans’ Administration.

      3.  Whenever by statute of this state:

      (a) Collateral is required as security for the deposit of public funds;

      (b) Deposits are required to be made with any public officer or department; or

      (c) An investment of capital or surplus, or a reserve or other fund is required to be maintained, consisting of designated securities,

bonds, and notes secured by a mortgage or deed of trust insured by the Federal Housing Administrator or Veterans’ Administration, debentures issued by the Federal Housing Administrator and obligations of national mortgage associations shall be eligible for such purposes.

      4.  No law of this state prescribing the nature, amount or form of security, or requiring security upon which loans or investments may be made, or prescribing or limiting the rates of time of payment of the interest any obligation may bear, or prescribing or limiting the period for which loans or investments may be made, applies to loans or investments made pursuant to this section.

      Sec. 82.  1.  Subject to any applicable rules or regulations of the superintendent, a bank may grant options to purchase, sell or enter into agreements to sell shares of its capital stock to its officers or employees, or both, for a consideration of not less than 100 percent of the fair market value of the shares on the date the option is granted, or, if pursuant to a stock purchase plan, 85 percent of the fair market value of the shares on the date the purchase price is fixed, pursuant to the terms of an officer-employee stock purchase plan which has been adopted by the board of directors of the bank and approved by the holders of at least two-thirds of the particular class or classes of stock entitled to vote on such proposal and by the superintendent.


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value of the shares on the date the option is granted, or, if pursuant to a stock purchase plan, 85 percent of the fair market value of the shares on the date the purchase price is fixed, pursuant to the terms of an officer-employee stock purchase plan which has been adopted by the board of directors of the bank and approved by the holders of at least two-thirds of the particular class or classes of stock entitled to vote on such proposal and by the superintendent. In no event shall the option to purchase such shares be for a consideration less than the par value thereof.

      2.  Stock options issued pursuant to subsection 1 shall qualify as restricted stock options under the Internal Revenue Code of 1954, and corresponding provisions of subsequent United States law.

      Sec. 83.  A bank may issue capital notes or debentures, convertible or otherwise, subject to such regulations as the superintendent may adopt with respect thereto.

      Sec. 84.  (There is no section 84.)

      Sec. 85.  (There is no section 85.)

      Sec. 86.  (There is no section 86.)

      Sec. 87.  (There is no section 87.)

      Sec. 88.  1.  No bank shall make any loan or discount on the security of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase is necessary to prevent loss upon a debt previously contracted in good faith. Stock so purchased or acquired shall, within 12 months from the time of its purchase, be sold or disposed of at public or private sale. After the expiration of 12 months, any such stock not so disposed of shall be charged to profit and loss and shall not be considered as part of the assets of the bank.

      2.  Any bank may sell or become the owner of any property which may come into its possession as collateral security for any debt or obligation due it, according to the terms of any contract depositing such collateral security, and if there is no such contract, then such collateral security may be sold in the manner provided by law. Any such property other than real property must be sold within 2 years from the date of its acquisition.

      Sec. 89.  (There is no section 89.)

      Sec. 90.  1.  Except as otherwise provided in this section and subject to the provisions of sections 81 and 88 of this act, no bank shall make any investment in capital stock of any other state or national bank.

      2.  A bank doing business under this Title may subscribe to or purchase, upon such terms as may be agreed upon, the capital stock of banks organized under the Act of Congress known as the Edge Act or the capital stock of central reserve banks whose capital stock exceeds $1,000,000.

      3.  In order to constitute a central reserve bank as contemplated by this Title, at least 50 percent of the capital stock of such bank shall be owned by other banks. The investment by any bank in the capital stock of such central reserve bank or a bank organized under the Edge Act, shall at no time exceed 10 percent of the paid-in capital and permanent surplus of the bank making the investment.

      4.  A bank shall not invest in the stocks of other corporations, firms, partnerships or companies except as otherwise provided in this Title, unless such stock is purchased to protect the bank from loss.

      5.  Any stocks owned or acquired after July 1, 1971, in excess of the limitations imposed by this section shall be disposed of at public or private sale within 12 months after the date of acquiring the same, and if not so disposed of they shall be charged to profit and loss account, and no longer carried on the books as an asset.


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ê1971 Statutes of Nevada, Page 985 (Chapter 495, SB 343)ê

 

limitations imposed by this section shall be disposed of at public or private sale within 12 months after the date of acquiring the same, and if not so disposed of they shall be charged to profit and loss account, and no longer carried on the books as an asset. The limit of time in which such stocks are disposed of or charged off the books of the bank may be extended by the superintendent if in his judgment it is for the best interest of the bank that such extension be granted.

      6.  A bank may subscribe to, purchase or become the owner of stock in:

      (a) Federal reserve banks as established by Act of Congress approved December 23, 1913, being c. 6, 38 Stat. 251, or any amendment thereof; or

      (b) Any governmental agency or liquidating or financial corporation created by the Congress of the United States.

      7.  A bank may invest up to 50 percent of its surplus in the stock of corporations engaged in related banking fields.

      Sec. 91.  1.  Subject to the limitations of section 91.2 of this act, the total outstanding loans of any bank to any person, company, corporation or firm, including in the loans to any unincorporated company or firm the loans to the several members thereof, shall not at any time exceed 25 percent of the capital and surplus of such bank, actually paid in; but the discount of bills of exchange drawn in good faith against actual existing values, as collateral security, and a discount or purchase of commercial or business paper, actually owned by the persons, shall not be considered as money loaned.

      2.  Neither the limitation on loans by banks contained in this section nor any other similar limitations contained in any law of this state relating to banks or banking apply to any loan or loans made by any bank to the extent that they are secured or covered by guarantees or by commitments or agreements to take over or to purchase made by any Federal Reserve Bank or by the United States or any department, bureau, board, commission or establishment of the United States, including any corporation wholly owned, directly or indirectly, by the United States.

      Sec. 91.2.  The combination of investments in private securities provided for in subsection 5 of section 81 of this act, and outstanding loans provided for in subsection 1 of section 91 of this act, of any bank to any one obligor, person, company, corporation or firm, including any unincorporated company or firm and to the several members thereof, shall not at any time exceed 25 percent of the unimpaired capital and permanent surplus of such bank.

      Sec. 92.  Any bank organized under the laws of the State of Nevada and any national bank doing business in the State of Nevada may charge a rate of add-on interest amounting to 8 percent on loans which do not exceed $500 and a rate of add-on interest of 7 percent on loans exceeding $500 but not exceeding $1,500.

      Sec. 93.  1.  Any bank may secure funds deposited with such bank by the United States, the State of Nevada or a political subdivision of this state by pledging acceptable assets of the bank as collateral security.

      2.  Any bank may borrow money for temporary purposes, not to exceed the amount of its paid-up capital and surplus, and may pledge any of its assets as collateral security therefor.


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ê1971 Statutes of Nevada, Page 986 (Chapter 495, SB 343)ê

 

      3.  With the written consent of the superintendent and the state board of finance in each instance, a bank may borrow to the amount of 50 percent in excess of its paid-up capital and surplus, and pledge assets of the bank as collateral security therefor. Any indebtedness, however, contracted in excess of the amount limited in this subsection shall be void in its entirety.

      4.  The purchase of federal reserve funds by a bank from another bank shall be deemed a transfer from a seller’s account in a Federal Reserve Bank to the buyer’s account therein, and such transfer shall be considered a purchase and sale of such funds. Any such transfer does not create an obligation on the part of the buyer subject to section 91 of this act, or a borrowing subject to the limitations of this section, but shall be considered a purchase and sale of such funds.

      Sec. 94.  (There is no section 94.)

      Sec. 95.  1.  Each bank doing business under the laws of this state shall have on hand, in cash, such a sum of money as may be determined by the superintendent as necessary to meet the operating requirements of the bank and, in addition thereto, a sum consisting of demand balances due from good and solvent banks, selected from time to time with the approval of the superintendent. The total sum of such cash and balances due shall not be less than 10 percent of average demand deposits and 5 percent of average time deposits from the preceding 15 calendar days. If the Federal Reserve Bank reduces its reserve requirements below the reserve requirements of this subsection, the superintendent may reduce the reserve requirements for a bank organized under this Title to correspond with the reserve requirements of the Federal Reserve Bank, but the superintendent shall not reduce such reserve requirements below that established by the Federal Reserve Bank. When a bank has pledged securities for the protection of public funds under the provisions of NRS 356.020, the superintendent shall waive the reserve requirements on the amount of the public deposit.

      2.  Whenever the available funds in any bank are below the required amount, such bank shall not:

      (a) Make any new loans or discounts otherwise than the discounting or purchasing of bills of exchange, payable at sight.

      (b) Pay or declare any dividends of its profits until the required proportion between the aggregate of its deposits and its lawful money reserves have been restored.

      3.  The superintendent shall immediately notify any bank whose lawful money reserve is below the amount required to be kept on hand to make good such reserve. If such bank fails to do so for a period of 60 days after such notice, it shall be deemed to be insolvent, and the superintendent shall take possession of the same and proceed in the manner provided in this Title relating to insolvent banks.

      4.  The superintendent shall refuse to consider, as a part of a bank’s reserve, balances due from any bank which refuses or neglects to furnish him with such information as he may require from time to time relating to its business with any other bank doing business under this Title when such information would enable the superintendent to determine the bank’s solvency.


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ê1971 Statutes of Nevada, Page 987 (Chapter 495, SB 343)ê

 

      5.  Any bank subject to the provisions of this Title may become a member of the Federal Reserve Bank in the district in which such bank is located, and may then deposit in such Federal Reserve Bank any of its available funds, including any part of the reserve required by this Title. The provisions of this Title limiting the amount that may be deposited by a bank in a depository bank, and the requirements of this Title relative to the reserve that must be maintained by the depository bank against such bank deposits, do not apply to such deposit in such federal Reserve Bank.

      Sec. 96.  1.  Notwithstanding the provisions of any section of this Title, any bank incorporated under the laws of this state which is on July 1, 1971, or which may thereafter become, a member of a Federal Reserve Bank, is, by this section, vested with all the powers conferred upon a member bank of a Federal Reserve Bank by the terms of the Federal Reserve Act, or by the regulations of the Board of Governors of the Federal Reserve System made pursuant to the Federal Reserve Act.

      2.  A compliance on the part of any such bank with the reserve requirements of the Federal Reserve Act shall be a full compliance with those provisions of the laws of this state which require banks to maintain cash balances in their vaults or with other banks, and no such bank shall be required to carry or maintain a reserve other than such as is required under the terms of the Federal Reserve Act.

      Sec. 97.  1.  As used in this section:

      (a) “Board of Governors of the Federal Reserve System” means the Board of Governors of the Federal Reserve System created and described in the Federal Reserve Act.

      (b) “Federal Reserve Act” means the Act of Congress, approved December 23, 1913, being c. 6, 38 Stat. 251, as heretofore and hereafter amended.

      (c) “Federal Reserve Bank” means the Federal Reserve Banks created and organized under authority of the Federal Reserve Act.

      (d) “Member bank” means any national bank, state bank or banking and trust company which has become or which becomes a member of one of the Federal Reserve Banks created by the Federal Reserve Act.

      2.  Any bank incorporated under the laws of this state shall have the power to subscribe to the capital stock and become a member of a Federal Reserve Bank.

      3.  Any bank incorporated under the laws of this state which is, or which becomes, a member of a Federal Reserve Bank is, by this section, vested with all powers conferred upon member banks of the Federal Reserve Banks by the terms of the Federal Reserve Act as fully and completely as if such powers were specifically enumerated and described in this section, and all such powers shall be exercised subject to all restrictions and limitations imposed by the Federal Reserve Act, or by regulations of the Board of Governors of the Federal Reserve System made pursuant thereto. The right, however, is expressly reserved to revoke or to amend the powers conferred in this section.

      4.  A compliance on the part of any such bank with the reserve requirements of the Federal Reserve Act shall be held to be a full compliance with those provisions of the laws of this state which require banks to maintain cash balances in their vaults or with other banks, and no such bank shall be required to carry or maintain a reserve other than such as is required under the terms of the Federal Reserve Act.


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ê1971 Statutes of Nevada, Page 988 (Chapter 495, SB 343)ê

 

to maintain cash balances in their vaults or with other banks, and no such bank shall be required to carry or maintain a reserve other than such as is required under the terms of the Federal Reserve Act.

      5.  Any such bank shall continue to be subject to the supervision and examinations required by the laws of this state, except that the Board of Governors of the Federal Reserve System shall have the right, if it deems necessary, to make examinations. The authorities of this state having supervision over such bank may disclose to the Board of Governors of the Federal Reserve System, or to examiners duly appointed by it, all information in reference to the affairs of any bank which has become, or desires to become, a member of a Federal Reserve Bank.

      Sec. 98.  1.  Any bank organized under the provisions of this Title may carry on a savings business as prescribed in this Title.

      2.  Any bank conducting a savings business may receive deposits on such terms as are authorized by its board of directors.

      3.  A receipt or a passbook shall be issued to each depositor in a bank for all money deposited on open account. Such receipt or passbook shall contain the rules and regulations adopted by such bank governing such deposit or if the passbook does not contain such rules and regulations, they shall be printed and conspicuously posted in some place accessible and visible to all persons in the business office of the bank, and such rules and regulations shall be accepted by the depositor, and thereupon shall be deemed agreed to by him. Payments from such account to such depositor shall be made only upon his written order. Banks issuing savings deposit receipts shall, not less often than quarterly, deliver or mail to such depositor a statement, showing the balance on deposit in such account and each deposit made by and each payment made to such depositor during the calendar quarter.

      4.  Nothing in this Title prohibits a bank from issuing time certificates of deposit.

      Sec. 99.  In order to prevent accumulation of unnecessary amounts of currency in the vaults of the banks chartered by this state, all checks drawn on such banks shall be payable, unless specified on the face thereof to the contrary by the maker or makers of the checks at the option of the drawee bank, in exchange drawn on the reserve deposits of such drawee bank when any such check is presented by or through any federal reserve bank, post office, or express company, or any respective agents thereof.

      Sec. 100.  1.  Any bank organized under this Title may state in its articles of incorporation that it will carry on a trust company business in connection with the banking business, and in addition to the powers conferred upon banks may:

      (a) Act as trustee under any mortgage or bond of any person, firm or corporation, or of any municipality or body politic.

      (b) Accept and execute any municipal or corporate or individual trust not inconsistent with the laws of this state.

      (c) Act under the order or appointment of any court as guardian, administrator, receiver or trustee.

      (d) Act as executor or trustee under any will.

      (e) Act as fiscal or transfer agent of any state, municipality, body politic or corporation, and in such capacity to receive and disburse money and register, transfer and countersign certificates of stock, bonds and other evidences of indebtedness.


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ê1971 Statutes of Nevada, Page 989 (Chapter 495, SB 343)ê

 

or corporation, and in such capacity to receive and disburse money and register, transfer and countersign certificates of stock, bonds and other evidences of indebtedness.

      (f) Act as local or resident agent of foreign corporations.

      2.  No bank shall act as agent for any insurance company.

      3.  Any such bank holding any asset as a fiduciary shall:

      (a) Segregate all such assets from any other assets of the bank and from the assets of any other trust, except as may be expressly provided otherwise by law or by the writing creating the trust.

      (b) Record such assets in a separate set of books maintained for fiduciary activities.

      Sec. 101.  No banking or other corporation, unless it is organized under the laws of and has its principal place of business in this state, or is a national banking association which has its principal place of business located within this state, nor any officer, employee or agent of such corporation acting in its behalf, shall after July 1, 1971, be appointed to act as executor, administrator, guardian of minors or estates, receiver, depositary or trustee under appointment of any court or by authority of any law of this state unless it associates as cofiduciary a banking corporation whose principal place of business is in this state.

      Sec. 102.  Subject to the provisions of NRS 104.4303, all banks organized pursuant to the provisions of this Title or doing business in this state shall be closed, and no business shall be transacted with the public, on Saturdays, Sundays or legal holidays, except for limited services as approved by the superintendent.

      Sec. 103.  As used in sections 104 to 107, inclusive, of this act, unless the context otherwise requires:

      1.  “Bank” includes national banks to the extent that sections 104 to 107, inclusive, do not conflict with or infringe upon federal law.

      2.  “Emergency” means any condition or occurrence which may interfere physically with the conduct of normal business operations at one or more or all of the offices of a bank, or which poses an imminent or existing threat to the safety or security of persons or property, or both. Without limiting the generality of the foregoing, an emergency may arise as a result of any one or more of the following: Fire, Flood, earthquake, hurricanes, wind, rain or snowstorms, labor disputes and strikes, power failures, transportation failures, interruption of communication facilities, shortages of fuel, housing, food, transportation or labor, robbery or attempted robbery, actual or threatened enemy attack, epidemics or other catastrophes, riots, civil commotions and other acts of lawlessness or violence, actual or threatened.

      3.  “Office” means any place at which a bank transacts its business or conducts operations related to its business.

      4.  “Officers” means the person or persons designated by the board of directors or other governing body of a bank, to act for the bank in carrying out the provisions of sections 104 to 107, inclusive, of this act, or in the absence of any such designation or the absence of the officer or officers so designated, the president or any other officer currently in charge of the bank or of the office or offices in question.

      Sec. 104.  1.  Whenever the superintendent is of the opinion that an emergency exists, or that there is a reasonable probability that an emergency may develop, in this state or any part of this state, the superintendent may, by proclamation, authorize banks located in the affected area or areas to close any or all of their offices.


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ê1971 Statutes of Nevada, Page 990 (Chapter 495, SB 343)ê

 

emergency exists, or that there is a reasonable probability that an emergency may develop, in this state or any part of this state, the superintendent may, by proclamation, authorize banks located in the affected area or areas to close any or all of their offices.

      2.  In addition, if the superintendent is of the opinion that an emergency exists, or that there is a reasonable probability that an emergency may develop, which affects or may affect a particular bank or banks, or a particular office or offices thereof, but not banks located in the area generally, he may authorize the particular bank or banks, or office or offices so affected, to close.

      3.  The office or offices so closed shall remain closed until the superintendent proclaims that the emergency has ended, or until such earlier time as the officers of the bank determine that one or more of such offices should reopen. In either event, the bank or office which was closed may remain closed for such further time thereafter as may reasonably be required to reopen.

      Sec. 105.  1.  Whenever the officers of a bank are of the opinion that an emergency exists, or that there is a reasonable probability that an emergency may develop, which affects or may affect one or more or all of a bank’s offices, they shall have the authority in the reasonable and proper exercise of their discretion not to open any one or more or all of such offices during the continuation of such emergency, even if the superintendent has not issued and does not issue a proclamation of emergency.

      2.  The office or offices so closed shall remain closed until such time as the officers determine that the emergency has ended, and for such further time thereafter as may reasonably be required to reopen; but such office or offices shall not remain closed for more than 48 consecutive hours, excluding other legal holidays, without requesting the approval of the superintendent.

      3.  The officers of a bank may close any one or more or all of the bank’s offices on any day or days designated, by proclamation of the President of the United States or the governor of this state, as a day or days of mourning, rejoicing or other special observance.

      Sec. 106.  A bank closing an office or offices pursuant to subsection 1 of section 105 of this act shall give as prompt notice of its action as conditions will permit, by any means available, to the superintendent, or in the case of a national bank, to the Comptroller of the Currency.

      Sec. 107.  1.  Any day on which a bank, or any one or more of its offices, is closed during all or any part of its normal banking hours pursuant to the authorization granted under sections 103 to 107, inclusive, of this act shall be, with respect to such bank or, if not all of its offices are closed, then with respect to any office or offices which are closed, a legal holiday for all purposes with respect to any banking business of any character. No liability or loss of rights of any kind on the part of any bank, or director, officer or employee thereof, shall accrue or result by virtue of any such closing.

      2.  Sections 103 to 107, inclusive, of this act are in addition to, and not in substitution for or limitation of, any other law of this state or of the United States, authorizing the closing of a bank or excusing the delay of a bank in the performance of its duties and obligations because of emergencies or conditions beyond the bank’s control, or otherwise.


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ê1971 Statutes of Nevada, Page 991 (Chapter 495, SB 343)ê

 

      Sec. 108.  Chapter 663 of NRS is hereby amended by adding thereto the provisions set forth as sections 109 to 116, inclusive, of this act.

      Sec. 109.  1.  When a deposit has been made, or is made after July 1, 1971, by any person, in any bank or other depository transacting business in this state, in the name of such depositor and one, two or more persons, and in form to be paid to the survivor or survivors of them, such deposit and any additions thereto made by any of such persons, after the making thereof, shall become the property of such persons as joint tenants, and such deposits, together with all dividends thereon, shall be held for the exclusive use of such persons and may be paid to any of them during the lifetime of all or to the survivor or survivors after the death of any of them. Such payments and receipts or acquittances of the person or persons to whom such payment is made shall be a valid and sufficient release and discharge to such bank or other depository for all payments made on account of such deposit.

      2.  The making of the deposit in such form shall, in the absence of fraud or undue influence, be conclusive evidence, in any action or proceeding to which either such bank or other depository, or a surviving depositor, is a party, of the intention of the depositors to vest such deposit and the additions thereto in such survivor or survivors.

      Sec. 110.  Whenever any deposit is made in any bank doing business within this state by any person in trust for another, and no other or further notice of the existence and terms of a legal and valid trust has been given in writing to the bank, upon the death of the trustee the deposit or any part thereof, together with the dividends or interest thereon, may be paid to the person for whom the deposit was made.

      Sec. 111.  No bank shall pay interest on time deposits, directly or indirectly, at a greater rate than that fixed by the superintendent; but the superintendent may fix an interest rate not in excess of that allowed by the Board of Governors of the Federal Reserve System for the member banks of the Federal Reserve System in the State of Nevada.

      Sec. 112.  Notwithstanding any provision of law of this state or of any political subdivision thereof requiring security for deposits in the form of collateral, surety bond or in any other form, security for such deposits shall not be required to the extent such deposits are insured under the provisions of the Federal Deposit Insurance Act, as now or hereafter amended.

      Sec. 113.  Any bank or officer of any bank whose authority to transact a banking business has been revoked as provided in this Title, receiving any deposit of whatever nature after such revocation, shall be subject to the same penalty as provided in this Title for those who transact a banking business without authority.

      Sec. 114.  1.  When any deposit is made in a bank by a minor, the bank may pay to such depositor such sums as may be due him, and the receipt of such minor to such bank is valid.

      2.  A bank may operate a deposit account in the name of a minor or in the name of two or more persons one or more of whom are minors with the same effect upon its liability as if such minors were of full age.

      3.  A bank may lease a safe deposit box to, and in connection therewith deal with, a minor with the same effect as if leasing to and dealing with a person of full legal capacity.


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ê1971 Statutes of Nevada, Page 992 (Chapter 495, SB 343)ê

 

      4.  An institution may rent a safe deposit box or other receptacle for safe deposit of property to, and receive property for safe deposit from, a married minor and spouse, whether adult or minor, jointly.

      5.  This section does not affect the law governing transactions with minors in cases outside the scope of this section.

      Sec. 115.  1.  A bank may arrange for the collection of savings from school children by the principal of the school, by the teachers, or by collectors pursuant to regulations issued by the superintendent and approved, in the case of public schools, by the board of trustees of the school district in which the school is situated. The principal, teacher or person authorized by the bank to make collections from the school children shall be the agent of the bank to make collections from the school children, and the bank is liable to the pupil for all deposits made with such principal, teacher or other authorized person to the same extent as if the deposits were made directly with the bank.

      2.  The acceptance of deposits in furtherance of a school thrift or savings plan by an officer, employee or agent of a bank at any school is not the establishment or operation of a branch facility.

      Sec. 116.  1.  If the rental due on a safe deposit box has not been paid for 90 days, the lessor may send a notice by registered or certified mail to the last-known address of the lessee stating that the safe deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of any officer of the lessor and a notary public. The contents shall be sealed in a package by the notary public, who shall write on the outside the name of the lessee and the date of the opening in the presence of the officer. The notary public and the officer shall execute a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents. The certificate shall be included in the package and a copy of the certificate shall be sent by registered or certified mail to the last-known address of the lessee. The package shall then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box.

      2.  Any documents or writings of a private nature, having little or no apparent value, need not be offered for sale, but shall be retained, unless claimed by the owner, for the period of 6 months, after which they may be destroyed.

      3.  If the contents of the safe deposit box have not been claimed within 6 months of the mailing of the certificate, the lessor may send a further notice to the last-known address of the lessee stating that, unless the accumulated charges are paid within 30 days, the contents of the box will be sold at public or private sale at a specified time and place, or, in the case of securities listed on a stock exchange, will be sold upon the exchange on or after a specified date and that unsalable items will be destroyed. The time, place and manner of sale shall also be posted conspicuously on the premises of the lessor and advertised once in a newspaper of general circulation in the community. If the articles are not claimed, they may then be sold in accordance with the notice.


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ê1971 Statutes of Nevada, Page 993 (Chapter 495, SB 343)ê

 

      4.  The balance of the proceeds, after deducting accumulated charges, including the expense of advertising and conducting the sale, together with any money discovered in the box shall be deposited to the credit of the lessee in any account maintained by him, or if none, shall be a deposit account with the bank operating the safe deposit facility, or in the case of a subsidiary safe deposit company, a bank owning stock therein, and shall be identified on the books of the bank as arising from the sale of contents of a safe deposit box. Any items remaining unsold may be destroyed.

      Sec. 117.  Chapter 664 of NRS is hereby amended by adding thereto the provisions set forth as sections 118 to 120, inclusive, of this act.

      Sec. 118.  1.  The banking division may, upon a proper application in writing showing good cause therefor, authorize any bank in this state or organized under this Title to restrict, for a limited period, the percentage of withdrawals from all of the accounts of such bank.

      2.  Whenever, in the interest of public business, any bank doing business in this state deems it necessary to curtail or restrict the withdrawals of its patrons for a limited period, such bank, through its proper officers, may make application in writing, setting forth the reasons therefor, to the banking division requesting an order or authorization from the banking division to restrict, for a limited period, withdrawals by the depositors of the bank to a specific percentage of their respective deposits.

      3.  Upon receipt of such application by the banking division, and good cause appearing therefor, the division may issue to the applicant an authorization specifying therein the percentage of all deposits which the bank may pay to its depositors, and the period to which such restriction or limitation may extend. For good cause shown, the banking division may shorten, cancel, extend or renew such authorization whenever the division deems such action proper in the interest of public business.

      4.  Any bank obtaining any order or authorization authorized by this section shall post and maintain, during the period of restriction, in a conspicuous place in or upon its banking premises, a certified copy of each order or authorization.

      5.  The banking division may authorize all such banks thereafter to receive new deposits, which shall be segregated from the old deposits, and the new deposits shall not be subject to any restriction as to the withdrawal thereof, except as provided in the terms of any time certificate of deposit or savings passbook; and the new deposits shall be invested in such liquid assets as may be approved by the banking division in order that such banks may at all times have sufficient funds available to meet the demands on such new deposits in accordance herewith.

      Sec. 119.  Any time that a certified check is required in any legal document or transaction, the effectiveness of which document or transaction is governed by the laws of this state, a bank may issue a cashier’s check which shall be accepted in lieu of a certified check and which shall have the same force and effect as a certified check.

      Sec. 120.  1.  It is unlawful for any officer, clerk or agent of any bank doing business under this Title to certify any check, draft or order drawn upon such bank, unless the person, firm or corporation drawing such check, draft or order, has on deposit with the bank at the time such check, draft or order is certified, an amount of money equal to the sum specified in the check, draft or order.


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ê1971 Statutes of Nevada, Page 994 (Chapter 495, SB 343)ê

 

check, draft or order, has on deposit with the bank at the time such check, draft or order is certified, an amount of money equal to the sum specified in the check, draft or order.

      2.  Any check, draft or order so certified by a duly authorized officer shall be a good and valid obligation against such bank, but the officer, clerk or agent of any bank violating the provisions of this section is guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than $1,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.

      Sec. 121.  Chapter 665 of NRS is hereby amended by adding thereto the provisions set forth as sections 122 to 138, inclusive, of this act.

      Sec. 122.  1.  For the purpose of carrying into effect the provisions of this Title, the superintendent shall provide the necessary forms for all examinations and reports as required in this Title.

      2.  All reports received by the superintendent shall be preserved in his office.

      Sec. 123.  1.  The superintendent shall make a thorough examination of and into the affairs of every bank doing business under this Title, as often as the superintendent may deem necessary, and at least twice within each 18-month period, commencing on July 1, 1971, one examination of which may be conducted jointly with any federal agency having jurisdiction or making an examination of state banks.

      2.  The superintendent may adopt as his report the written report of the federal agency with which the joint examination provided for in subsection 1 was conducted.

      Sec. 124.  1.  The results of such examinations and inquiries shall be reduced to a written report and signed by the superintendent or his deputies.

      2.  The report shall contain a true and detailed statement of the condition of such bank, and shall also contain:

      (a) A full statement of any violation of any of the provisions of this Title.

      (b) A description of and comment on all assets and liabilities which in the opinion of the superintendent may be subject to criticism.

      (c) A classification of assets showing which are of doubtful collectability.

      Sec. 125.  Upon the preparation of the report as provided in section 124 of this act, the superintendent shall forthwith serve a copy thereof on the president or secretary of the board of directors of the bank, and may make copies available to each member of such board. If, in the judgment of the superintendent, the report discloses any violation of the provisions of this Title on the part of the bank, or if it appears from the report that there are certain conditions existing which should be corrected by the bank, the superintendent may, in writing, call the matter to the attention of each member of the board of directors with instructions to correct the condition.

      Sec. 126.  1.  All examination reports and all information obtained by the superintendent and his staff in conducting examinations of banks is confidential and privileged information and, except as otherwise provided in this Title, shall not be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body or other entity.


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ê1971 Statutes of Nevada, Page 995 (Chapter 495, SB 343)ê

 

in this Title, shall not be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body or other entity.

      2.  No employee or other member of the staff of the superintendent shall disclose or permit disclosure of any confidential or privileged information to anyone other than an employee or member of the staff of the superintendent entitled to such information for the proper performance of his official duties, unless authorized to do so by the superintendent in accordance with the provisions of this Title.

      Sec. 127.  1.  The superintendent may make state bank examination reports prepared by his office available to:

      (a) Any federal agency having jurisdiction over state banks and which makes examination of state banks.

      (b) The director of the department of commerce for his confidential use.

      (c) The state board of finance for its confidential use, when such report is necessary for the state board of finance to perform its duties under this Title.

      2.  All such examination reports made available shall remain the property of the banking division, and no person, agency or authority to whom such reports are made available, or any officer, director or employee thereof, shall disclose any of such reports or any information contained therein, except in published statistical material that does not disclose the affairs of any individual or corporation.

      Sec. 128.  1.  The report of examination made by an examiner of the banking division is designed for use in the supervision of the bank. The bank’s copy of the report is the property of the superintendent and is furnished to the bank solely for its confidential use.

      2.  The bank’s directors, in keeping with their responsibilities both to depositors and to stockholders, shall thoroughly review the report. Under no circumstances shall the bank, or any of its directors, officers or employees disclose or make public in any manner the report or any portion thereof. Such report shall not be made available to other banking institutions in connection with proposed transactions such as mergers and consolidations. Such report shall not be made available to a clearing house association, but a bank may voluntarily disclose information concerning its affairs to such clearing house association where such disclosure is through reports prepared by the bank or by others at the request of the bank.

      Sec. 129.  1.  The superintendent shall keep a record in his office of his official acts, rulings and transactions.

      2.  Where any disclosure of the records in his office or of any report or other transaction might injuriously affect any bank actually operating, such disclosure shall not be made or required except as may be done under the provisions of law in similar cases.

      Sec. 130.  In all civil actions in the courts of this state wherein any of the records of the superintendent are involved as evidence or otherwise, a certified copy of such record signed and sealed by the superintendent, is admissible in evidence to the same effect as if produced in court at trial by the proper custodian of the records.


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ê1971 Statutes of Nevada, Page 996 (Chapter 495, SB 343)ê

 

      Sec. 131.  1.  Every bank shall make at least three reports, upon call, each year, and more often if requested, to the superintendent. The reports shall be prepared by the cashier or by any competent person approved by the superintendent, and shall be substantially in the form of similar reports required periodically of national banking associations by the Comptroller of the Currency.

      2.  Such reports shall be verified by the oath or affirmation of its president or vice president and cashier, the person by whom the reports were prepared, and by at least three of the directors.

      3.  Each report shall:

      (a) Exhibit in detail, and under the appropriate heads, the resources and liabilities and a profit and loss account of such bank at the close of business on any past day specified by the superintendent.

      (b) Be transmitted to the superintendent within 10 days after the receipt of a request or requisition therefor by him.

      (c) Be published in condensed form, according to the requirements of the superintendent, within 10 days after the report is made, in a newspaper published in the county in which such bank is established, for one insertion, at the expense of the bank. Such proof of publication shall be furnished within 5 days after the date of publication as may be required by the superintendent.

      4.  The superintendent may call for special reports, which need not be published, from any bank whenever, in his judgment, such reports are necessary in order to gain a full and complete knowledge of its condition.

      5.  The prior date specified by the superintendent for reports, other than special reports, shall be the day designated by the Comptroller of the Currency for reports of national banking associations.

      Sec. 132.  1.  Every bank which fails to make and transmit or to publish any report required under this Title shall be subject to a penalty of $50 for each day after the period mentioned in section 131 of this act that it delays to make and transmit its report or proof of publication.

      2.  Whenever any bank delays or refuses to pay the penalty imposed in this section for a failure to make and transmit or to publish a report, the superintendent may maintain an action, in the name of the state, against the delinquent bank for the recovery of such penalty. All sums collected by such action shall be paid into the state permanent school fund.

      Sec. 133.  1.  The state bank examiners shall verify all reports made to the superintendent by the officers and directors of any banking corporation, as required by this Title or by the superintendent.

      2.  The officers of every bank shall submit and surrender its books, assets, papers and concerns to the examiners appointed by the superintendent, who shall retain the custody and possession of such books, assets, papers and concerns for such length of time as may be required for the purpose of making an examination as required by this Title.

      3.  If any officer refuses to surrender such books, assets, papers and concerns, or refuses to be examined under oath touching the affairs of such bank, the superintendent may forthwith take possession of the property and business of the bank and liquidate its affairs in accordance with the provisions of this Title.


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ê1971 Statutes of Nevada, Page 997 (Chapter 495, SB 343)ê

 

      Sec. 134.  In making examinations as required by this Title, the superintendent and any duly appointed examiner may administer oaths to examine any officer, director, agent, employee, customer, depositor, shareholder of the bank, or any other person or persons, touching the affairs and business of the bank being examined. Any examiner may summon in writing any officer, director, agent, employee, customer, depositor, shareholder or any person or persons resident of this state to appear before him and testify in relation to the affairs and business of such bank.

      Sec. 135.  Each official communication directed by the superintendent or any state bank examiner to any bank, or to any officer thereof, relating to an examination or investigation conducted or made by the superintendent or containing suggestions or recommendations as to the conduct of the bank shall, if required by the authority submitting the same, be submitted by the officer or director receiving it to the executive committee, if there is one, or board of directors of such bank and duly noted in the minutes of such meeting. The receipt and submission of such notice to the executive committee or board of directors shall be certified to the superintendent, within such time as he may require, by three members of such committee or board.

      Sec. 136.  1.  If any assets of a bank are of a doubtful or disputed value, the superintendent may have an appraisal of such assets made. In making such appraisal, the superintendent shall designate one agent as an appraiser; the bank shall designate one agent as an appraiser; and the two chosen appraisers shall designate a third.

      2.  The selected appraisers shall make an appraisal of the assets designated as doubtful or disputed, and file a written report of their appraisal with the bank and with the superintendent. In making such appraisal, the appraisers shall determine the actual cash market value of such assets. The appraisal, when made, shall be accepted as the value of such assets for the purpose of examination or for the purpose of determining the actual cash market value of such assets.

      3.  The appraisers shall not be interested in any way, either in the bank or as an employee of the superintendent, and all expenses of such appraisal shall be paid by the bank whose assets are appraised.

      4.  If any bank fails to appoint an appraiser within 10 days after the date on which the superintendent designates an appraiser pursuant to subsection 1, the superintendent may apply to the district court of the county in which the bank is located for the appointment of such an appraiser, and the court shall make the appointment for the bank.

      Sec. 137.  1.  Every state bank shall retain its business records for such periods as are or may be prescribed by or in accordance with the terms of this section.

      2.  Each state bank shall retain permanently the minute books of meetings of its stockholders and directors, its capital stock ledger and capital stock certificate ledger or stubs, its general ledger, its investment ledger, its copies of bank examination reports, and all records which the superintendent in accordance with this section requires to be retained permanently.

      3.  All other bank records shall be retained for such periods as the superintendent may in accordance with this section prescribe.


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ê1971 Statutes of Nevada, Page 998 (Chapter 495, SB 343)ê

 

      4.  The superintendent shall, from time to time, issue regulations classifying all records kept by state banks and prescribe the period for which records in each class shall be retained. Such periods may be permanent or for a lesser term of years. The superintendent shall keep such regulations current and shall revise them at least once every 3 years. In issuing and revising such regulations, the superintendent shall consider:

      (a) Actions at law and administrative proceedings in which the production of bank records might be necessary or desirable.

      (b) State and federal statutes of limitation applicable to such actions or proceedings.

      (c) The availability of information contained in bank records from other sources.

      (d) Such other matters as the superintendent considers pertinent in order that his regulations will require banks to retain their records for as short a period as is commensurate with the interests of bank customers and shareholders and of the people of this state in having bank records available.

      5.  Any state bank may dispose of any record which has been retained for the period prescribed by or in accordance with the terms of this section for retention of records of its class, and shall thereafter be under no duty to produce such record in any action or proceeding.

      6.  Any state bank may cause any or all records required to be kept pursuant to this section to be reproduced by the microphotographic process and any such reproduction shall have the same force and effect as the original. Upon completion of a microphotographic duplication, the original of any record may be destroyed.

      7.  To the extent that they are not in contravention of any law of the United States, the provisions of this section apply to all banks doing business in this state.

      Sec. 138.  The superintendent may require the immediate removal from office of any officer, director or employee of any bank doing business under this Title who is found to be dishonest, incompetent or reckless in the management of the affairs of the bank, or who persistently violates the laws of this state or the lawful orders, instructions and regulations issued by the superintendent.

      Sec. 139.  Chapter 666 of NRS is hereby amended by adding thereto the provisions set forth as sections 140 to 144, inclusive, of this act.

      Sec. 140.  1.  A state bank may merge or consolidate with, or transfer its assets and liabilities to, another state bank. Before such merger, consolidation or transfer becomes effective, each bank concerned in such merger, consolidation or transfer shall file with the superintendent certified copies of the minutes of all proceedings had by its directors and stockholders regarding such merger, consolidation or transfer.

      2.  The minutes of the proceedings had by the stockholders of each such bank shall set forth that holders of at least two-thirds of the stock voted in the affirmative on the proposition of merger, consolidation or transfer. Such minutes shall also contain or have attached thereto a complete copy of the agreement made and entered into between the banks, with reference to such merger, consolidation or transfer.

      3.  When the certified copies of all such minutes have been filed, the superintendent shall conduct an investigation of each bank to determine:


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ê1971 Statutes of Nevada, Page 999 (Chapter 495, SB 343)ê

 

      (a) Whether the interests of the depositors, creditors and stockholders of each bank are protected.

      (b) That the merger, consolidation or transfer is in the public interest.

      (c) That the merger, consolidation or transfer is made for legitimate purposes.

      4.  The superintendent’s consent to or rejection of such merger, consolidation or transfer shall be based upon such investigation. No such merger, consolidation or transfer shall be made without the consent of the superintendent. The expense of such investigation shall be paid by the banks.

      5.  Notice of such merger, consolidation or transfer shall be published once a week for 4 consecutive weeks, before or after the merger, consolidation or transfer shall be effective at the discretion of the superintendent, in a newspaper published in a city, town or county in which each of such banks is located, and a certified copy of such notice shall be filed with the superintendent.

      6.  In any such merger, consolidation or transfer, all rights of creditors and all liens upon any property of the constituent banks shall be preserved unimpaired, limited in lien to the property affected by such liens immediately prior to the time of the merger, consolidation or transfer. All debts, liabilities and duties of the respective constituent banks shall thenceforth attach to the surviving, consolidated or transferee bank and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

      7.  In the case of a merger, consolidation or transfer pursuant to the provisions of this section, if any stockholder of any constituent bank votes against the agreement, objects to the agreement in writing at or prior to the taking of the vote thereon, and such stockholder, within 20 days after the date on which the agreement is filed as provided in this section, demands in writing from the surviving or consolidated bank payment of his shares, the surviving, consolidated or transferee bank shall, within 30 days thereafter, pay to such stockholder the fair cash value of his shares as of the day before the vote on the agreement of merger, consolidation or transfer was taken, exclusive of any element of value arising from the expectation or accomplishment of the merger, consolidation or transfer.

      Sec. 141.  1.  When an agreement of consolidation is made and a certified copy thereof is filed with the secretary of state, together with a certified copy of the approval of the superintendent of such consolidation, the banks which are parties to the consolidation shall become one bank, possessed of the rights, privileges, powers and franchises of the several banks, but subject to all the provisions of law under which it is created.

      2.  The directors and other officers named in the agreement of consolidation shall serve until the first annual meeting for election of officers and directors, the date for which shall be named in the agreement.

      3.  On filing such agreement, the property and rights of every kind of the several banks are thereby transferred and vested in such new bank, and are as fully its property as they were of the banks which were parties to the agreement.

      Sec. 142.  1.  A state bank may consolidate, convert into or merge with a national bank upon the vote of the holders of two-thirds of each class of voting stock of the state bank.


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ê1971 Statutes of Nevada, Page 1000 (Chapter 495, SB 343)ê

 

      2.  Except as provided in subsection 4, the rights and liabilities of a state bank which consolidates, converts into or merges with a national bank, and the rights and liabilities of its stockholders, shall be the same as the rights and liabilities prescribed by the law of the United States for national banks and their stockholders at the time of such consolidation, conversion or merger.

      3.  Upon such consolidation, conversion or merger, the resulting national bank shall be the same business as each consolidating, converting or merging bank, with all the property rights, power and duties of each consolidating, converting or merging bank, except as affected by the law of the United States and by the charter and bylaws of the resulting bank. Any reference to a consolidating, converting or merging bank in any writing, whether executed or which takes effect before or after the consolidation, conversion or merger, is applicable to the resulting bank if not inconsistent with the other provisions of such writing.

      4.  The holders of shares of the stock of a state bank which were voted against a consolidation or merger into a national bank are entitled to receive their value in cash, if and when the consolidation or merger becomes effective, upon written demand made to the resulting national bank at any time within 30 days after the effective date of the consolidation or merger, accompanied by the surrender of the stock certificate or certificates. The value of such shares shall be determined, as of the date of the meeting of the stockholders approving the consolidation or merger, by three appraisers, one to be selected by the owners of two-thirds of the dissenting shares involved, one by the board of directors of the resulting national bank, and the third by the two so chosen. The valuation agreed upon by any two appraisers shall govern. If the appraisal is not completed within 90 days after the consolidation or merger becomes effective, the Comptroller of the Currency shall cause an appraisal to be made.

      5.  The amount fixed as the value of the shares of stock of the consolidating or merging bank at the time of the meeting of the stockholders approving the consolidation or merger, and the amount fixed by the appraisal as provided by subsection 4, where the fixed value is not accepted, shall constitute a debt of the resulting national bank.

      6.  Upon the completion of such consolidation, conversion or merger, the license to operate as a state bank shall automatically terminate.

      Sec. 143.  1.  Any national bank doing business in this state may merge or consolidate with a state bank or incorporate as a state bank as provided in this Title for the organization of banks.

      2.  The superintendent may accept good assets of such national bank, at their actual cash value, in lieu of cash payments for the stock of such state bank.

      Sec. 144.  When any bank organized under the laws of this state or Acts of Congress, and doing business in this state, consolidates or merges with or sells to and transfers its assets and liabilities to any other bank doing business in this state, as provided by the laws of this state or Acts of Congress, all the then-existing fiduciary rights, powers, duties and liabilities of such consolidating, merging or transferring bank or banks shall, upon the effective date of such consolidation, merger or sale and transfer, vest in and thereafter be performed by the transferee bank or the consolidated or merged bank.


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ê1971 Statutes of Nevada, Page 1001 (Chapter 495, SB 343)ê

 

      Sec. 145.  Chapter 667 of NRS is hereby amended by adding thereto the provisions set forth as sections 146 to 167, inclusive, of this act.

      Sec. 146.  1.  A bank may go into voluntary liquidation and be closed, and may surrender its charter and franchise as a corporation of this state by the affirmative votes of its stockholders owning two-thirds of its stock. Such vote shall be taken at a meeting of the stockholders duly called by resolution of the board of directors. Written notice of the meeting, which notice shall state the purpose of the meeting, shall be mailed to each stockholder, or in case of his death, to his legal representative or heirs at law, addressed to his last-known residence 10 days prior to the date of the meeting.

      2.  When the stockholders decide to liquidate such bank, a certified copy of all proceedings of the meeting at which such action is taken, verified by the oath of the president and cashier, shall be transmitted to the superintendent for his approval. If the superintendent approves the liquidation, he shall issue to such bank, under his seal, a permit for such purpose. No such permit shall be issued by the superintendent until he is satisfied that provision has been made by the bank to satisfy and pay off all depositors and all creditors of such bank. If he is not satisfied, the superintendent shall not issue a permit, but he may take possession of the bank, its assets and business, and liquidate such bank in the manner provided by this chapter.

      3.  When the superintendent approves the voluntary liquidation of a bank, the directors of such bank shall cause to be published in a newspaper in the city, town or county in which the bank is located, a notice that the bank is closing its affairs and going into liquidation, and that its depositors and creditors are to present their claims for payment.

      4.  When any bank is in the process of voluntary liquidation, it shall be subject to examination by the superintendent, and the bank shall furnish such reports, from time to time, as may be called for by the superintendent.

      5.  All unclaimed deposits and dividends remaining in the hands of such bank shall be subject to the provisions of this chapter.

      6.  Any bank may sell and transfer to any other state or national bank all of its assets of every kind upon such terms as may be agreed upon and approved by the superintendent and by two-thirds vote of the bank’s board of directors. A certified copy of the minutes of any meeting at which such action is taken, under the oath of the president and cashier, together with a copy of the contract of sale and transfer, shall be filed with the superintendent.

      7.  If a voluntary liquidation or the sale and transfer of the assets of any bank is approved by the superintendent, a certified copy of such approval under seal of the superintendent, filed in the office of the secretary of state, shall authorize the cancellation of the charter certificate of such bank, subject to its continued existence, as provided by law.

      Sec. 147.  1.  The superintendent may forthwith take possession of the business and property of any bank to which this Title is applicable when it appears that such bank:

      (a) Has violated its charter or any laws applicable thereto.

      (b) Is conducting its business in an unauthorized or unsafe manner.


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ê1971 Statutes of Nevada, Page 1002 (Chapter 495, SB 343)ê

 

      (c) Is in an unsafe or unsound condition to transact its business.

      (d) Has an impairment of its capital stock.

      (e) Has refused to pay its depositors in accordance with the terms on which such deposits were received, or has refused to pay its holders of certificates of indebtedness or investment in accordance with the terms upon which such certificates of indebtedness or investment were sold.

      (f) Has become otherwise insolvent.

      (g) Has neglected or refused to comply with the terms of a duly issued lawful order of the superintendent.

      (h) Has refused, upon proper demand, to submit its records, affairs and concerns for inspection and examination of a duly appointed or authorized examiner of the superintendent.

      (i) Has made a voluntary assignment of its assets to trustees.

      2.  The superintendent also may forthwith take possession of the business and property of any bank to which this Title is applicable when it appears that the officers of such bank have refused to be examined upon oath regarding its affairs.

      3.  A bank which has been taken possession of by the superintendent pursuant to subsection 1 or 2, may resume business as provided in section 166 of this act.

      Sec. 148.  1.  After July 1, 1971, the Federal Deposit Insurance Corporation created by the Federal Deposit Insurance Act (12 U.S.C. Sec. 1811; 64 Stat. 873) may act without bond as receiver or liquidator of any state bank which has been closed because of inability to meet the demands of its depositors.

      2.  The appropriate state authority having the right to appoint a receiver or liquidator of a state bank may, upon such closing, tender to the Federal Deposit Insurance Corporation the appointment as receiver or liquidator of such bank. If the Federal Deposit Insurance Corporation accepts the appointment, it shall have and possess all the powers and privileges provided by the laws of this state with respect to a receiver or liquidator, respectively, of a state bank, its depositors and other creditors, and shall be subject to all the duties of such receiver or liquidator, except insofar as such powers, privileges or duties are in conflict with the provisions of the Federal Deposit Insurance Act.

      Sec. 149.  Upon the acceptance of the appointment as receiver or liquidator by the Federal Deposit Insurance Corporation, the possession of and title to all the assets, business and property of such bank of every kind and nature shall pass to and vest in the Federal Deposit Insurance Corporation without the execution of any instruments of conveyance, assignment, transfer or endorsement.

      Sec. 150.  Among its other powers, the Federal Deposit Insurance Corporation, in the performance of its powers and duties as receiver or liquidator, may, upon the order of a court of record of competent jurisdiction, enforce the individual liability of the stockholders and directors of any such bank.

      Sec. 151.  1.  When any state bank has been closed as provided in section 148 of this act, and the Federal Deposit Insurance Corporation pays, or makes available for payment, the insured deposit liabilities of such closed bank, the Federal Deposit Insurance Corporation, whether or not it has become receiver or liquidator of such closed bank, shall be subrogated to all rights against such closed bank of the owners of such deposits in the same manner and to the same extent as subrogation of the Federal Deposit Insurance Corporation is provided for in the Federal Deposit Insurance Act in the case of the closing of a national bank.


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ê1971 Statutes of Nevada, Page 1003 (Chapter 495, SB 343)ê

 

it has become receiver or liquidator of such closed bank, shall be subrogated to all rights against such closed bank of the owners of such deposits in the same manner and to the same extent as subrogation of the Federal Deposit Insurance Corporation is provided for in the Federal Deposit Insurance Act in the case of the closing of a national bank.

      2.  The rights of depositors and other creditors of such closed bank shall be determined in accordance with the applicable provisions of the laws of this state.

      Sec. 152.  1.  Any state bank which is, or may hereafter be, closed on account of inability to meet the demands of its depositors, by action of the superintendent, by action of a court, by action of its directors or due to its insolvency or suspension, the superintendent, or the receiver or liquidator of such bank with the permission of the superintendent, may borrow from the Federal Deposit Insurance Corporation and furnish any part or all of the assets of the bank to the Federal Deposit Insurance Corporation as security for a loan from it; but where the Federal Deposit Insurance Corporation is acting as such receiver or liquidator, the order of a court of record of competent jurisdiction shall be first obtained approving such loan.

      2.  The superintendent, or the receiver or liquidator of any state bank with the permission of the superintendent, upon the order of a court of record of competent jurisdiction, may sell to the Federal Deposit Insurance Corporation any part or all of the assets of such bank.

      3.  The provisions of this section do not limit the power of any bank, the superintendent, receivers or liquidators to pledge or sell assets in accordance with any other existing law.

      Sec. 153.  1.  The superintendent shall furnish to the Federal Deposit Insurance Corporation, or to any official or examiner thereof, a copy of all examinations made of any state bank and of all reports made by such bank. The superintendent shall give access to and disclose to the Federal Deposit Insurance Corporation, or to any official or examiner thereof, all information possessed by the office of the banking division with reference to the conditions or affairs of any state bank.

      2.  Nothing in this section limits:

      (a) The duty of any bank in this state from complying with the provisions of the Federal Deposit Insurance Act, its amendments or substitutions, or the requirements of the Federal Deposit Insurance Corporation relative to examinations and reports; or

      (b) The powers of the superintendent with reference to examinations and reports pursuant to the provisions of this Title.

      Sec. 154.  All books, papers and records of a bank which has been finally liquidated shall be deposited by the receiver in the office of the county clerk of the county in which the office of such bank in located, or in such other place as in his judgment will provide for the proper safekeeping and protection of such books, papers and records. Such books, papers and records shall be held subject to the orders of the superintendent and the county clerk of the county in which such bank was located.

      Sec. 155.  1.  Subject to the provisions of subsection 3, after the expiration of 10 years from the date of filing in the office of the county clerk of a final order approving the liquidation of any insolvent bank and the delivery to the county clerk or into his custody of the records of such bank, such records may be destroyed by the county clerk by burning them in the presence of the county recorder and the sheriff of the county, who shall join with the county clerk in the execution of a certificate as to the destruction of such records.


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ê1971 Statutes of Nevada, Page 1004 (Chapter 495, SB 343)ê

 

the delivery to the county clerk or into his custody of the records of such bank, such records may be destroyed by the county clerk by burning them in the presence of the county recorder and the sheriff of the county, who shall join with the county clerk in the execution of a certificate as to the destruction of such records. The certificate shall be filed by the county clerk in the court records of the liquidation of the insolvent bank.

      2.  Subject to the provisions of subsection 3, after the expiration of 10 years from the filing by the superintendent of a final report of liquidation of any insolvent bank, the superintendent, with the consent of the state board of finance, may destroy, by burning, the records of any insolvent bank held in the office of the superintendent in connection with the liquidation of such bank; but if there are any unpaid dividends of the insolvent bank the superintendent shall preserve the deposit ledger or other evidence of indebtedness of such bank which refer to the unpaid dividends until the dividends have been paid.

      3.  Neither the county clerk of any county or the superintendent shall destroy any of the formal records of liquidation, nor shall the superintendent destroy any of the records made in his office with reference to the liquidation of any insolvent bank.

      Sec. 156.  When any bank created under the laws of this state, which has been or is appointed trustee in any indenture, deed of trust or other instrument of like character, executed to secure the payment of any bonds, notes or other evidences of indebtedness, is taken over for liquidation by the superintendent, by the Federal Deposit Insurance Corporation or by any other legally constituted authority, the powers and duties of such bank as trustee in any such instrument shall cease upon the entry of an order of the district court appointing a successor trustee pursuant to a petition as provided for in sections 157 to 163, inclusive, of this act.

      Sec. 157.  In all cases to which section 156 of this act is applicable, the district court for the county in which such indenture, deed of trust or other instrument of like character is recorded shall, upon the verified petition of any person interested in any such trust, either as trustee, beneficiary or otherwise, which interest shall be set out in the petition, issue its order directing service on all interested parties, either personally or by the publication in some newspaper published in the county, or in some adjoining county if no newspaper is published in the county where such application is made, of a notice directed to all persons concerned, commanding and requiring all persons having any interest in such trust, to appear in court on a day designated in the order and notice, not less than 30 days from the date of the order and notice, to show cause why a new trustee should not be appointed.

      Sec. 158.  Such notice shall be published in the manner required by the Nevada Rules of Civil Procedure for service of summons by publication, and shall set forth the names of the parties to the indenture, deed of trust or other such instrument, the date thereof, and the place or places where such instrument is recorded.

      Sec. 159.  If, upon the day fixed in the order and notice, no person appears and objects to the appointment of a substitute trustee, the district court shall, upon such terms as it deems advisable to serve the best interest of all interested parties, appoint some competent person, or corporation authorized to act as a trustee, as a substitute trustee.


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ê1971 Statutes of Nevada, Page 1005 (Chapter 495, SB 343)ê

 

authorized to act as a trustee, as a substitute trustee. Such appointed trustee shall be vested with and shall exercise all the powers conferred upon the trustee named in the instrument.

      Sec. 160.  If, upon the day fixed in the order and notice, objection is made to the appointment of a new trustee, the court shall hear and determine the matter. An appeal may be taken from the decision of the court by any party who made an appearance in the proceeding.

      Sec. 161.  The final order of appointment of any such new trustee upon its entry shall be recorded in the office of the county recorder in the county or counties in which the instrument under which such appointment has been made is recorded, and a minute of the same shall be entered by the county recorder on the margin of the record where the original instrument is recorded.

      Sec. 162.  The petition and the order appointing such new trustee may include, relate to and apply to any number of indentures, deeds of trust or other instruments, wherein the same trustee is named.

      Sec. 163.  Sections 156 to 162, inclusive, of this act are in addition to and not in substitution for any other remedy provided by law.

      Sec. 164.  If the superintendent, the Federal Deposit Insurance Corporation or any liquidating agent appointed pursuant to the provisions of sections 148 to 153, inclusive, of this act, exercises the power of sale set up in any mortgage, deed of trust or other written instrument for the security of the payment of money in which any bank then in liquidation was named trustee, the exercise of the power of sale and the acts of resigning the trust, of the superintendent, the Federal Deposit Insurance Corporation or such appointed liquidating agent are of the same force and effect as if done by the bank named as trustee in the mortgage, deed of trust or other instrument.

      Sec. 165.  1.  The superintendent shall, on or before July 1, 1971, and on January 1 and July 1 of each year thereafter, file with the secretary of state a report showing all banks under liquidation in the State of Nevada, the names of any and all auditors together with the amounts paid to them for auditing each of such banks, and the names of any and all attorneys employed in connection with the liquidation of such banks together with the amount paid or contracted to be paid to each of such attorneys. If any attorney has been employed on a fee contingent upon recovery, the report shall contain in substance the contract.

      2.  Within 5 days after the receipt of such report, the secretary of state shall cause such report to be published one time in some newspaper published in each county in which a bank or banks are under liquidation. If there is no newspaper published in such county or counties, the secretary of state shall cause a copy of such report to be posted at the courthouse door in such county.

      Sec. 166.  When the superintendent or the Federal Deposit Insurance Corporation has taken possession of any bank, such bank may, with the consent of the superintendent, resume business upon such terms and conditions as may be approved by the superintendent and the Federal Deposit Insurance Corporation.

      Sec. 167.  1.  When any bank is authorized to dissolve, and has taken the necessary steps to effect dissolution in accordance with the laws of this state or the laws of the United States, but prior to actual dissolution, a majority of the directors of such national or state bank, upon authority in writing of the owners of two-thirds of its capital stock and with the approval of the superintendent, may execute articles of incorporation as provided in this Title for the organization of a new bank, which articles shall further set forth the authority derived from the stockholders of such national or state bank.


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ê1971 Statutes of Nevada, Page 1006 (Chapter 495, SB 343)ê

 

state or the laws of the United States, but prior to actual dissolution, a majority of the directors of such national or state bank, upon authority in writing of the owners of two-thirds of its capital stock and with the approval of the superintendent, may execute articles of incorporation as provided in this Title for the organization of a new bank, which articles shall further set forth the authority derived from the stockholders of such national or state bank.

      2.  Upon filing such articles of incorporation in the same manner as provided for the organization of new banks, such reorganized bank shall be a bank under the laws of this state. Upon such reorganization, all assets, real and personal, of the dissolved national or state bank shall, by operation of law, vest in and become the property of such reorganized state bank, subject to all liabilities of such national or state bank existing prior to such reorganization.

      Sec. 168.  Chapter 668 of NRS is hereby amended by adding thereto the provisions set forth as sections 169 to 179, inclusive, of this act.

      Sec. 169.  Every president, director, manager, cashier or other officer or employee of any bank who knowingly prepares, signs, approves or concurs in any account, statement, return, report or document respecting the affairs of the bank, containing any false or deceptive statement, or any return or report required by this Title which does not set forth the true financial condition of the bank, including in such report or return all the information required by the provisions of this Title, is:

      1.  Guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  Liable for all damages which the bank, its stockholders, creditors or depositors suffer in consequence thereof, and is subject to removal upon order of the superintendent.

      Sec. 170.  1.  It is unlawful for any director, manager, officer or employee of any bank to become an endorser or surety for loans to any other person, or in any manner become obligor for money borrowed from or loaned by such bank.

      2.  The office or position of any director, officer or employee who acts in contravention to the provisions of this section shall be immediately declared vacant by the superintendent, and no such director, officer or employee shall be elected or appointed to such vacancy while such indebtedness exists.

      Sec. 171.  It is unlawful for any director, officer or employee of any bank, directly or indirectly, for himself or as the agent of others, to borrow money in excess of $250 from such bank, unless he gives good and sufficient security for the repayment of such loan, which loan and security must be approved by a majority vote of the directors, in regular or in special meeting assembled, the applicant not voting. All the proceedings relating thereto shall be recorded at length in the records of the bank, and shall immediately be reported in writing to the superintendent.

      Sec. 172.  1.  It is unlawful for any president, director, manager, cashier or other officer or employee of any bank to permit the bank to remain open for business, or to assent to the reception of deposits or the creation of debts by such banking institution, after he has knowledge of the fact that it is insolvent or in failing circumstances.


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ê1971 Statutes of Nevada, Page 1007 (Chapter 495, SB 343)ê

 

the fact that it is insolvent or in failing circumstances. Every such officer, director, manager or agent of such bank shall examine into the affairs of the bank and shall know its condition. Upon the failure of any such person to discharge such duty of examination, he shall, for the purpose of this Title, be held to have had knowledge of the insolvency of such bank, or that it was in failing circumstances, and shall be deemed to have assented to the receipt of deposits while such bank was so insolvent or in failing circumstances. Every person violating the provisions of this subsection shall be individually responsible for deposits so received, and all such debts so contracted; but any director who has paid more than his share of such liabilities has a remedy at law against such other persons who have not paid their full share of such liabilities for contribution.

      2.  It is unlawful for any president, director, manager, cashier or other officer or employee of any bank willfully to give or concur in giving to any creditor of the bank and fraudulent, undue or unfair preference over other creditors, by giving security to such creditor, or by changing the nature of his claim, or otherwise; but this subsection does not prohibit such bank from giving security for public moneys of the State of Nevada or any political subdivision thereof, the Nevada industrial commission, or of the United States, or any officer, agent, agency or department thereof, in the manner provided by law.

      3.  Every person violating the provisions of this section, or who is an accessory to, or permits or connives at, the receiving or accepting of any such deposits, or the giving of such preferences, is guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment, and is liable for all damages sustained by any person in consequence thereof.

      Sec. 173.  Every president, director, cashier, teller, clerk, officer or agent of any bank who embezzles, abstracts or willfully misapplies any moneys, funds, securities or credits of any bank, or who issues or puts forth any certificate of deposit, draws any draft, bill of exchange or mortgage, or who makes use of any bank in any manner, with intent in either case to injure or defraud any bank or individual, person, company or corporation, or to deceive any bank, or officer of any bank, and any person who, with like intent, aids or abets any officer, clerk or agent in any violation of this section, shall be punished:

      1.  Where the amount involved is $100 or more, 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.

      2.  Where the amount involved is less than $100, for a misdemeanor.

      Sec. 174.  Every officer, director or employee of a bank required by this Title to take an oath or affirmation who willfully swears or affirms falsely is guilty of perjury, and upon conviction thereof shall be punished as provided by the laws of this state for cases of perjury.

      Sec. 175.  No bank or officer of any bank shall advertise in any manner or publish any statement of the capital stock authorized or subscribed, unless the amount of capital stock actually paid up is advertised or published therewith.

      Sec. 176.  If any person fails to keep secret the facts and information obtained in the course of, or as a result of, an examination of a bank, except when the duty of such examiner or employee requires him to report upon or take official action regarding the affairs of such bank, he is guilty of a misdemeanor.


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ê1971 Statutes of Nevada, Page 1008 (Chapter 495, SB 343)ê

 

except when the duty of such examiner or employee requires him to report upon or take official action regarding the affairs of such bank, he is guilty of a misdemeanor.

      Sec. 177.  1.  If any bank examiner knowingly and willfully makes any false or fraudulent report of the condition of any bank which has been examined by him, with the intent to aid or abet the officers or agents of such bank in continuing to operate an insolvent bank, or if any such examiner keeps or accepts any bribe or gratuity given for the purpose of inducing him not to file any report of examination of any bank examined by him, or neglects to make an examination of any bank because of having received or accepted any bribe or gratuity, he is guilty of a felony, and upon conviction thereof shall be imprisoned in the state prison for not less than 1 year nor more than 10 years.

      2.  Any person who knowingly aids or abets a bank examiner or any other person in doing or performing any of the acts prohibited in subsection 1 is guilty of a felony and upon conviction thereof shall be imprisoned in the state prison for not less than 1 year nor more than 10 years.

      3.  Any person, having knowledge of a report made by a bank examiner of the condition of any bank, who falsifies, changes, alters or suppresses any such report with the intent to aid or abet the officers or agents of a bank in continuing to operate an insolvent bank, or if any such person keeps or accepts any bribe or gratuity given for the purpose of inducing him not to file any such report of examination or to falsify, change, alter or suppress any such report of examination, is guilty of a felony and upon conviction thereof shall be imprisoned in the state prison for not less than 1 year nor more than 10 years.

      Sec. 178.  Any person who willfully and maliciously makes, circulates or transmits to another or others any statement, rumor or suggestion, written, printed or by word of mouth, which is directly or by inference derogatory to the financial condition, or affects the solvency or financial standing of any bank, or who counsels, aids, procures or induces another to state, transmit or circulate any such statement or rumor is guilty of a gross misdemeanor, and upon conviction thereof shall be fined or imprisoned, or both, in the discretion of the court.

      Sec. 179.  Where no other punishment is provided in this Title, any person violating any of the provision of this Title is guilty of a misdemeanor.

      Sec. 180.  NRS 104.4405 is hereby amended to read as follows:

      104.4405  1.  A payor or collecting bank’s authority to accept, pay or collect an item or to account for proceeds of its collection if otherwise effective is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes such authority to accept, pay, collect or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.

      2.  Even with knowledge of the death of a customer or of any person authorized to sign checks or make withdrawals a bank may, for 10 days after the date of death, pay or certify checks drawn by the decedent on or prior to that date unless the bank has received [notice pursuant to NRS 663.010 or] notice of an adverse claim supported by a court order or by a surety bond acceptable to it which need not exceed double the amount claimed.


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ê1971 Statutes of Nevada, Page 1009 (Chapter 495, SB 343)ê

 

NRS 663.010 or] notice of an adverse claim supported by a court order or by a surety bond acceptable to it which need not exceed double the amount claimed.

      3.  Even with knowledge of the incompetence of a customer, whether adjudicated or not, a bank may, if the item would have been effective prior to such incompetence, accept, pay, collect and account for the proceeds of any item drawn by any other customer or person authorized by such other customer, unless the bank has received [notice pursuant to NRS 663.010 or] notice of an adverse claim supported by a court order or by a surety bond acceptable to it which need not exceed double the amount claimed.

      4.  A bank may refuse to pay a check, draft or other order for the withdrawal of money from an account, whether commercial or savings, if it believes or receives an affidavit stating that the person drawing, endorsing or presenting the instrument is or was at the time of signing, endorsing or presenting it so under the influence of liquor or drugs or so mentally or physically disabled as to raise doubt whether such person is or was competent to transact business. No damages shall be awarded in any action against the bank, or its officers or other employees, for refusing in good faith to pay any such instrument for that reason or in relying upon such affidavit.

      Sec. 181.  NRS 142.020 is hereby amended to read as follows:

      142.020  1.  Subject to the provisions of subsection 6, every person to whom letters testamentary (unless the will otherwise provides) or letters of administration shall have been directed to issue shall, before receiving the letters, execute a bond to the State of Nevada, with two or more sureties to be approved by the district judge. In form the bond shall be joint and several, and the penalties shall not be less than the value of the personal property, including rents and profits belonging to the estate, which value shall be ascertained by the court by the examination on oath of the party applying, and of any other persons the judge may think proper to examine.

      2.  The district judge shall require an additional bond whenever the sale of any real estate belonging to an estate is ordered by him to be sold, in an amount necessary to make the total penalty the amount provided in subsection 1, treating the expected proceeds of the sale as personal property.

      3.  The bond shall be conditioned that the executor or administrator will faithfully execute the duties of the trust according to law, and shall be recorded by the clerk.

      4.  Nothing contained in this Title affects the right of any court or judge to accept as sole surety upon any bond or undertaking a surety company duly qualified to act as sole surety upon bonds or undertakings within this state.

      5.  Personal assets of an estate may be deposited with a domestic banking or trust corporation upon such terms as may be prescribed by order of the court having jurisdiction of the estate. The deposit shall be subject to the further order of the court. The bond of the executor or administrator may be reduced accordingly.

      6.  If a banking corporation, as defined in section 3 of this act, or trust company, as defined in NRS [657.010,] 669.070, doing business in this state is appointed executor or administrator of the estate of a deceased, no bond shall be required of such executor or administrator, unless otherwise specifically required by the court.


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ê1971 Statutes of Nevada, Page 1010 (Chapter 495, SB 343)ê

 

this state is appointed executor or administrator of the estate of a deceased, no bond shall be required of such executor or administrator, unless otherwise specifically required by the court.

      Sec. 182.  NRS 159.017 is hereby amended to read as follows:

      159.017  “Guardian” means any person or corporation appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes a bank under [NRS 662.110] section 101 of this act and joint appointees.

      Sec. 183.  NRS 159.065 is hereby amended to read as follows:

      159.065  1.  Except as otherwise provided by law, every guardian shall, before entering upon his duties as guardian, execute and file in the guardianship proceeding a bond, with sufficient surety or sureties, in such amount as the court determines necessary for the protection of the ward and the estate of the ward, and conditioned upon the faithful discharge by the guardian of his authority and duties according to law. The bond shall be approved by the court. Sureties shall be jointly and severally liable with the guardian and with each other.

      2.  If a banking corporation, as defined in [NRS 657.010,] section 3 of this act, doing business in this state, is appointed guardian of the estate of a ward, no bond shall be required of such guardian, unless specifically required by the court.

      3.  Joint guardians may unite in a bond to the ward or wards, or each may give a separate bond.

      4.  If there are no assets of the ward, no bond shall be required of the guardian.

      5.  If a person is appointed in a will to be guardian and the will provides that no bond is to be required of such guardian, the court may direct letters of guardianship to issue to the person on his taking and subscribing the oath of office and filing his name and address in the proceeding.

      Sec. 184.  NRS 160.090 is hereby amended to read as follows:

      160.090  1.  Before making an appointment under the provisions of this chapter the court shall be satisfied that the person whose appointment as guardian is sought is a fit and proper person to be appointed.

      2.  Upon the appointment being made the guardian shall, except as otherwise provided in this section, execute and file a bond to be approved by the court in an amount not less than the value of the personal property of the estate plus the anticipated annual income. Thereafter the amount of such bond shall be equal to the total value of the personal estate plus the annual income. The bond shall be in the form and be conditioned as required of guardians appointed under the provisions of chapter 159 of NRS. The premiums on all such bonds shall be paid from the estate.

      3.  If a banking corporation, as defined in section 3 of this act, or trust company, as defined by NRS [657.010,] 669.070, doing business in this state is appointed guardian of the estate of a ward no bond shall be required of such guardian unless the court by specific order requires the same.

      4.  If the court orders that the estate and income, or a part thereof, be deposited in a banking corporation, as defined in section 3 of this act, or trust company, as defined by NRS [657.010,] 669.070, doing business in this state and that such estate and income, or any part thereof, shall not thereafter be withdrawn, without authorization of the court, then the amount of the guardian’s bond shall be reduced in an amount equal to the amount of the estate and income on deposit with such banking corporation, and the surety on such bonds shall be exonerated from any loss to the estate in connection with such deposit.


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ê1971 Statutes of Nevada, Page 1011 (Chapter 495, SB 343)ê

 

thereafter be withdrawn, without authorization of the court, then the amount of the guardian’s bond shall be reduced in an amount equal to the amount of the estate and income on deposit with such banking corporation, and the surety on such bonds shall be exonerated from any loss to the estate in connection with such deposit.

      5.  Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall contain a statement that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.

      Sec. 185.  NRS 657.010, 657.015, 657.020, 657.030, 658.010, 658.020, 658.030, 658.050, 658.060, 658.070, 658.080, 658.090, 658.095, 658.100, 658.110, 658.120, 658.150, 658.160, 659.010, 659.020, 659.030, 659.040, 659.050, 659.060, 659.070, 660.010, 660.020, 661.010, 661,020, 661.030, 661.040, 661.043, 661.045, 661.047, 661.050, 661.060, 661.070, 661.080, 661.090, 661.100, 661.110, 661.120, 661.130, 661.140, 661.150, 661.160, 661.170, 662.010, 662.020, 662.030, 662.040, 662.045, 662.050, 662.060, 662.070, 662.080, 662.090, 662.100, 662.110, 662.120, 662.140, 662.150, 662.160, 662.170, 662.180, 662.185, 662.190, 662.200, 662.210, 662.220, 662.230, 662.240, 662.250, 662.260, 662.270, 662.280, 663.010, 663.020, 663.030, 663.050, 663.060, 664.020, 664.030, 664.040, 665.010, 665.020, 665.030, 665.040, 665.050, 665.060, 666.010, 667.010, 667.020, 667.030, 667.040, 667.050, 667.060, 667.070, 667.080, 667.090, 667.100, 667.110, 667.120, 667.130, 667.140, 667.150, 667.160, 667.170, 667.180, 667.190, 667.200, 667.210 667.220, 667.230, 667.240, 667.250, 667.260, 667.270, 667.280, 667.290, 667.300, 667.310, 667.320, 667.330, 667.340, 667.350, 667.360, 667.370, 667.380, 667.390, 667.400, 667.410, 667.420, 667.430, 667.440, 667.450, 667.460, 668.010, 668.020, 668.030, 668.040, 668.050, 668.060, 668.070, 668.080, 668.090, 668.100, and 668.110 are hereby repealed.

      Sec. 186.  1.  Any bank lawfully organized under the former provisions of Title 55 of NRS and which is licensed to transact and is transacting the business of a bank on the effective date of this act, is not required to comply with sections 34 to 43, inclusive, of this act, but such bank is subject to and shall comply with all other applicable provisions of this act.

      2.  If, on the effective date of this act, any corporation is in the process of applying for a license to transact the business of a bank in this state, but has not yet obtained such a license, such corporation shall comply with all of the provisions of this act.

 

________


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ê1971 Statutes of Nevada, Page 1012ê

 

CHAPTER 496, SB 586

Senate Bill No. 586–Committee on Federal, State and Local Governments

CHAPTER 496

AN ACT to amend the Local Government Budget Act; providing for budget augmentation if resources are available; establishing procedures; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Budget augmentation” is a procedure for increasing appropriations of a fund with the express intent of employing previously unbudgeted resources of the fund for the implementation of such appropriations.

      Sec. 3.  If resources actually available during a budget period exceed those estimated, a local government may institute a budget augmentation proceeding in the manner provided below:

      1.  If it is desired to augment the appropriations of an appropriation fund, the governing board shall, by unanimous vote, adopt a resolution reciting the appropriations to be augmented, and the nature of the unbudgeted resources intended to implement the augmentation.

      2.  Before the adoption of such resolution, the governing board shall publish notice of its intention to act thereon in a newspaper of general circulation in the county for at least one publication. No vote may be taken upon such budget augmentation resolution until 20 days after the publication of the notice.

      3.  If it is desired to augment the budget of any other fund, the governing board shall adopt, unanimously, a resolution providing therefor at a regular meeting of the board.

      4.  A budget augmentation shall become effective upon delivery to the Nevada tax commission of a certified copy of the resolution providing therefor.

      Sec. 4.  NRS 354.470 is hereby amended to read as follows:

      354.470  NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act, may be cited as the Local Government Budget Act.

      Sec. 5.  NRS 354.472 is hereby amended to read as follows:

      354.472  1.  The purposes of NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act, are:

      (a) To establish standard methods and procedures for the preparation, presentation, adoption, administration and appraisal of budgets of all local governments.

      (b) To enable local governments to make financial plans for both current and capital expenditure programs and to formulate fiscal policies to accomplish these programs.

      (c) To provide for estimation and determination of revenues, expenditures and tax levies.

      (d) To provide for the control of revenues and expenditures in order to promote prudence and efficiency in the expenditure of public funds.


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ê1971 Statutes of Nevada, Page 1013 (Chapter 496, SB 586)ê

 

      (e) To enable local governments to borrow money to meet emergency expenditures.

      (f) To provide specific methods enabling the public, taxpayers and investors to be apprised of the financial preparations, plans, policies and administration of all local governments.

      2.  For the accomplishment of these purposes the provisions of NRS 354.470 to 354.626, inclusive, shall be broadly and liberally construed.

      Sec. 6.  NRS 354.474 is hereby amended to read as follows:

      354.474  1.  Except as otherwise provided in subsection 2, the provisions of NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act shall apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act “local government” means every political subdivision or other entity which has the right to levy or receive moneys from ad valorem or other taxes or any mandatory assessments, and includes without limitation counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 474, 540, 541, 542, 543 and 555 of NRS, NRS 450.550 to 450.700, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

      2.  An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act, but any such irrigation district which levies an ad valorem tax is required to comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act, in addition to the requirements of chapter 539 of NRS.

      Sec. 7.  NRS 354.476 is hereby amended to read as follows:

      354.476  As used in NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.478 to 354.586, inclusive, shall have the meanings ascribed to them in NRS 354.478 to 354.586, inclusive.

      Sec. 8.  NRS 354.524 is hereby amended to read as follows:

      354.524  “Final budget” means the budget that has been adopted by a local governing body or adopted by default as defined by NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act, and approved by the Nevada tax commission for the ensuing fiscal year.

      Sec. 9.  NRS 354.588 is hereby amended to read as follows:

      354.588  For the purposes of NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act, the governing bodies, officers and employees of every local government shall have the powers and be subject to the duties expressly stated or necessarily implied in NRS 354.470 to 354.626, inclusive [.] , and sections 2 and 3 of this act.

      Sec. 10.  NRS 354.590 is hereby amended to read as follows:

      354.590  Whenever the terms of NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act, require or refer to action of a governing body by resolution, the governing body may at its discretion act by ordinance, if it is otherwise authorized by law to adopt ordinances.


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ê1971 Statutes of Nevada, Page 1014 (Chapter 496, SB 586)ê

 

      Sec. 11.  NRS 354.592 is hereby amended to read as follows:

      354.592  Whenever the terms of NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act, require publication of notice, such requirement shall be deemed to have been met when such notice is published once in some newspaper published within the area encompassed or served by the local government. However, if no such newspaper is published within that area such notice shall be published in some newspaper published in the State of Nevada and having a general circulation in the area. The cost of publications shall be a proper charge against the appropriate fund of the local government.

      Sec. 12.  NRS 354.594 is hereby amended to read as follows:

      354.594  The Nevada tax commission shall determine and advise local government officers of regulations, procedures and report forms for compliance with NRS 354.470 to 354.626, inclusive [.] , and sections 2 and 3 of this act. It shall make such determinations after hearing the advice and recommendations of an 11-member advisory committee composed of three persons appointed by the Nevada Municipal Association, three persons appointed by the Nevada Association of County Commissioners, three persons appointed by the Nevada School Trustees Association and two persons appointed by the Nevada state board of public accountants. Each appointment shall be for a term of 3 years.

      Sec. 13.  NRS 354.604 is hereby amended to read as follows:

      354.604  Each local government shall maintain, according to its own needs, the following funds as defined by NRS 354.470 to 354.626, inclusive [:] , and sections 2 and 3 of this act:

      1.  A general fund.

      2.  A fund for each utility or enterprise, except that if more than one utility such as a water system and a sanitary sewer system are operated as a combined or consolidated system one fund bearing a combination title may be established.

      3.  Self-supporting special activity funds.

      4.  A special assessment fund for each special improvement district established or administered by the governing body.

      5.  Debt service funds, which shall be established to provide for the retirement of general obligation bonds, emergency loans and payment of interest thereon.

      6.  Intergovernmental service fund.

      7.  Capital projects funds, as required, which shall be established to account for the application of proceeds from the sale of bonds to the specific purposes for which they are authorized.

      8.  Trust and agency funds for the purpose of accounting for money and property received and held by the local government as trustee or custodian, or in the capacity of an agent, for certain individuals or other governmental units.

      9.  Special revenue funds.

      10.  Such other funds as may be required by law or the needs of the local government.

      Sec. 14.  NRS 354.606 is hereby amended to read as follows:

      354.606  1.  Whenever such action does not increase the total appropriation for any fiscal year and is not in conflict with other statutory provisions, the budget appropriations may be transferred between accounts in the following manner:

 


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ê1971 Statutes of Nevada, Page 1015 (Chapter 496, SB 586)ê

 

provisions, the budget appropriations may be transferred between accounts in the following manner:

      (a) The person designated to administer the budget for a local government may transfer appropriations within governmental functions as defined by NRS 354.538, if:

             (1) The governing body is advised of such action at the next regular meeting; and

             (2) Such action is recorded in the official minutes of such meeting.

      (b) Upon recommendation of the person designated to administer the budget, the governing body may authorize the transfer of appropriations between governmental functions and between funds, if:

             (1) The governing body announces publicly at a regular meeting its intention to transfer appropriations and sets forth the exact amounts to be transferred and the accounts, functions and funds affected;

             (2) The transfer is made at the next regular meeting, without change in the amounts, accounts, functions and funds so announced;

             (3) The governing body sets forth its reasons for the transfer; and

             (4) Such action is recorded in the official minutes of such meetings.

      (c) The governing board may authorize the transfer of appropriations from the contingency account as provided in NRS 354.608 by resolution adopted at any regular meeting.

      2.  Nothing in NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act shall preclude the amendment of a budget by increasing the total appropriation for any fiscal year to include a grant-in-aid, gift or bequest from a private donor to a local unit of government which is required to be used for a specific purpose as a condition of the grant. Acceptance of such grant and agreement to the terms imposed by the granting agency or person shall constitute an appropriation to the purpose specified.

      Sec. 15.  NRS 354.616 is hereby amended to read as follows:

      354.616  1.  A local governing body may provide for the adjustment of expenses as defined by NRS 354.470 to 354.626, inclusive [.] , and sections 2 and 3 of this act. Receipts from adjustment of expenses shall be credited to the governmental function to which the reimbursed expense was originally charged.

      2.  A local governing body may provide for the adjustment of revenues as defined by NRS 354.470 to 354.626, inclusive [.] , and sections 2 and 3 of this act. Disbursements for adjustment of revenues shall be charged to the revenue account to which the refunded revenue was originally credited.

      Sec. 16.  NRS 354.622 is hereby amended to read as follows:

      354.622  1.  Until June 30, 1972, the business of every local government, except those enumerated in subsection 2, shall be transacted upon a cash, accrual or modified accrual basis as defined in NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act, at the option of the local governing body, with the approval of the Nevada tax commission. Change from one system of accounting to another shall require the approval of the Nevada tax commission.

      2.  Business of those districts organized pursuant to NRS 318.140 and 318.144 shall be transacted upon an accrual basis as defined in NRS 354.470 to 354.626, inclusive.


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ê1971 Statutes of Nevada, Page 1016 (Chapter 496, SB 586)ê

 

      3.  After June 30, 1972, the business of every local government, except those enumerated in subsection 2 shall be transacted upon an accrual or modified accrual basis as the Nevada tax commission may by regulation prescribe.

      Sec. 17.  NRS 354.626 is hereby amended to read as follows:

      354.626  1.  No governing body or member thereof, officer, office, department or agency shall, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, temporary emergency loan repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, and sections 2 and 3 of this act is guilty of a misdemeanor, and upon conviction thereof shall cease to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities or towns, school districts or special districts, by the district attorney.

      2.  Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:

      (a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.

      (b) Long-term cooperative agreements as authorized by chapter 277 of NRS.

      (c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.

      (d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.

      (e) Contracts between a local government and an employee covering professional services to be performed within 18 months following the date of such contract.

      (f) Contracts between a local government and any person, firm or corporation for the construction or completion of public works, funds for which have been provided by the proceeds of a sale of bonds or an emergency loan. Unappropriated surplus funds shall not be used unless appropriated in a manner provided by law.

      Sec. 18.  Chapter 145, Statutes of Nevada 1971, entitled “AN ACT relating to The Local Government Budget Act; changing definitions; and providing other matters properly relating thereto,” is hereby amended by adding thereto a new section, designated section 12, to follow section 11, and read as follows:

      Section 12.  This act shall become effective upon passage and approval.

      Sec. 19.  This act shall become effective upon passage and approval.

 

________


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ê1971 Statutes of Nevada, Page 1017ê

 

CHAPTER 497, AB 735

Assembly Bill No. 735–Committee on Commerce

CHAPTER 497

AN ACT relating to crimes against property; revising the provisions pertaining to conversion of rented or leased personal property; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 205 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any person who in renting or leasing any personal property obtains or retains possession of such personal property by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment or operator’s license, is guilty of larceny according to the value of such property. It shall be a complete defense to any civil action arising out of or involving the arrest or detention of any person renting or leasing personal property that any representation made by him in obtaining or retaining possession of the personal property is contrary to the fact.

      2.  Any person who, after renting or leasing any personal property under an agreement in writing which provides for the return of the personal property to a particular place at a particular time fails to return the personal property to such place within the time specified, and who, with the intent to defraud the lessor or to retain possession of such property without the lessor’s permission, thereafter fails to return such property to any place of business of the lessor within 72 hours after a written demand for the return of such property is made upon him by registered mail addressed to his address as shown in the written agreement, or in the absence of such address, to his last-known place of residence, is guilty of larceny according to the value of such property. The failure to return the personal property to the place specified in the agreement shall be prima facie evidence of an intent to defraud the lessor or to retain possession of such property without the lessor’s permission. It shall be a complete defense to any civil action arising out of or involving the arrest or detention of any person upon whom such demand was made that he failed to return the personal property to any place of business of the lessor within 20 days after such demand.

      Sec. 2.  NRS 205.510 is hereby repealed.

 

________


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ê1971 Statutes of Nevada, Page 1018ê

 

CHAPTER 498, SB 148

Senate Bill No. 148–Senator Walker

CHAPTER 498

AN ACT relating to mental health services; authorizing the establishment of community mental health centers to provide such services; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 436 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  The governing body of any county may establish, by ordinance or resolution, a community mental health center to provide community mental health services, which shall be governed by a board of directors.

      Sec. 3.  In counties establishing community mental health centers:

      1.  The board of directors of such a center shall consist of not less than seven nor more than 45 members, of whom:

      (a) Not more than 49 percent shall be employed in mental health sciences or related professions; and

      (b) The majority shall be broadly representative of the community and shall include recipients and family members of recipients of community mental health services.

      2.  In counties not having a local mental health advisory board, the governing body itself shall directly appoint members to the board of directors.

      3.  Upon appointment of such members, the local mental health advisory board shall be dissolved, but members of such advisory board may be appointed to the board of directors.

      4.  The board of directors shall appoint a director to serve as chief executive officer of such center.

      Sec. 4.  The division shall administer NRS 436.100 to 436.370, inclusive, sections 2 to 4, inclusive, of this act, and shall adopt guidelines for local mental health services and centers and rules and regulations necessary thereto, but such standards, rules and regulations shall be adopted only after consultation with and approval of the division’s advisory board and the director of each local mental health service or center being so administered. Such standards, rules, and regulations shall be intended to support and maximize local responsibility for and control of community mental health services and centers within the framework of general state guidelines. The division shall be subject to administrative supervision of the director of the department of health, welfare and rehabilitation.

      Sec. 4.5.  NRS 436.090 is hereby amended to read as follows:

      436.090  Except as otherwise provided in NRS 436.100 to 436.370, inclusive [:] , and sections 2 to 4, inclusive, of this act:

      1.  Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund. Such funds shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, 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.


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ê1971 Statutes of Nevada, Page 1019 (Chapter 498, SB 148)ê

 

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.

      2.  All moneys in any fund available to the division for carrying out the provisions of this chapter shall be paid out on claims approved by the administrator as other claims against the state are paid.

      Sec. 5.  NRS 436.100 is hereby amended to read as follows:

      436.100  NRS 436.100 to 436.370, inclusive, and sections 2 to 4, inclusive, of this act, may be cited as the Community Mental Health [Service] Services Act.

      Sec. 6.  NRS 436.110 is hereby amended to read as follows:

      436.110  The legislature declares that the purposes of NRS 436.100 to 436.370, inclusive, and sections 2 to 4, inclusive, of this act are:

      1.  To encourage and provide financial assistance to counties in the establishment and development of mental health services, including services to the mentally retarded, through locally controlled community mental health programs.

      2.  To promote the improvement and, if necessary, the expansion of already existing [psychiatric] services [in general hospitals or clinics] which help to conserve the mental health of the people of Nevada. It is the intent of NRS 436.100 to 436.370, inclusive, and sections 2 to 4, inclusive, of this act that services to individuals shall be rendered only upon voluntary application.

      Sec. 7.  NRS 436.120 is hereby amended to read as follows:

      436.120  As used in NRS 436.100 to 436.370, inclusive, and sections 2 to 4, inclusive, of this act, “governing body” means the board of county commissioners.

      Sec. 8.  NRS 436.130 is hereby amended to read as follows:

      436.130  The governing body of any county may by ordinance or resolution establish [a] community mental health [service,] services, which [service] services may cover the entire area of the county.

      Sec. 9.  NRS 436.140 is hereby amended to read as follows:

      436.140  1.  [Each] The community mental health [service] services shall have a local mental health advisory board of seven to 10 members appointed by the governing body. Three members of the advisory board shall, if there are so many who consent to serve, be physicians engaged in the private practice of medicine, one of whom shall, when available, be a specialist in psychiatry and one of whom shall, when available, be a specialist in the treatment of mental retardation. One member shall be the chairman of the local governing body, one member shall, if he consents to serve, be a district judge of the judicial district in which the community mental health [service] services is located, and at least two members shall be persons representative of the public interest in mental health and the problems of mental retardation.

      2.  The term of each member of the advisory board shall be for 3 years, but of the members first appointed approximately one-third shall be appointed for a term of 1 year, one-third for a term of 2 years and one-third for a term of 3 years.

      Sec. 10.  NRS 436.160 is hereby amended to read as follows:

      436.160  The governing body shall appoint a local director of mental health services [, who shall be a physician licensed by the State of Nevada, to administer the community mental health services.]


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ê1971 Statutes of Nevada, Page 1020 (Chapter 498, SB 148)ê

 

health services [, who shall be a physician licensed by the State of Nevada, to administer the community mental health services.] or the board of directors of the community mental health center shall appoint a director of the community mental health center, who shall be a qualified mental health professional. Applicants for such position need not be residents of the county or state and may be employed on a full- or part-time basis.

      Sec. 11.  NRS 436.170 is hereby amended to read as follows:

      436.170  The local director of mental health services or the director of the community mental health center shall:

      1.  Serve as chief executive officer of the community mental health [service responsible to the governing body.

      2.  Exercise general supervision over mental health services and facilities furnished, operated or supported, and over services to the mentally retarded.] services or center accountable to the advisory board or the board of directors of the community mental health center.

      2.  Exercise administrative responsibility and authority over mental health services and facilities furnished, operated or supported, and over services to the mentally retarded.

      3.  Recommend to the governing body, after consultation with the advisory board [,] or the board of directors, the providing of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable to accomplish the purposes of NRS 436.100 to 436.370, inclusive [.] , and sections 2 to 4, inclusive, of this act.

      4.  Submit an annual report to the governing body reporting all activities of the program, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year.

      5.  Carry on such studies as may be appropriate for the discharge of his duties, including the control and prevention of psychiatric disorders and the treatment of mental retardation.

      Sec. 12.  NRS 436.180 is hereby amended to read as follows:

      436.180  The governing body of any county may by agreement with the governing body or bodies of any other county or counties establish [a] joint mental health [service.] services.

      Sec. 13.  NRS 436.190 is hereby amended to read as follows:

      436.190  1.  Any agreement between two or more counties for the establishment of [a] joint mental health [service] services shall provide:

      (a) That each county shall bear its share of the cost of joint mental health services provided in proportion to the population of each county served.

      (b) That the county treasurer of one participating county shall be the custodian of moneys made available for the purposes of such joint services and that the county treasurer may make payments from such moneys upon warrant of the appropriate officer or body of the county for which he is county treasurer.

      2.  Any such agreement may also provide:

      (a) For the joint provision and operation of services and facilities or for the provision and operation of services and facilities by one participating county under contract for the other participating counties.

      (b) For appointments of members of the local mental health advisory board or the board of directors of the community mental health center by the several participating counties.


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ê1971 Statutes of Nevada, Page 1021 (Chapter 498, SB 148)ê

 

board or the board of directors of the community mental health center by the several participating counties.

      (c) That for specified purposes officers and employees of [a] such joint mental health [service] services shall be considered to be officers and employees of one participating county only.

      (d) For such other matters as are necessary or proper to effectuate the purposes of NRS 436.100 to 436.370, inclusive [.] , and sections 2 to 4, inclusive, of this act.

      Sec. 14.  NRS 436.200 is hereby amended to read as follows:

      436.200  Unless otherwise expressly provided or required by the context, the provisions of NRS 436.100 to 436.370, inclusive, and sections 2 to 4, inclusive, of this act, relating to community mental health services [and] , the appointment of local mental health advisory boards [and] or boards of directors of community mental health centers, or directors shall apply to joint mental health services.

      Sec. 15.  NRS 436.210 is hereby amended to read as follows:

      436.210  [Any] The community mental health [service] services or centers may contract for services and facilities with any hospital, clinic, laboratory or other similar institution. [Any such contract may be entered into notwithstanding that the director of community mental health service is a member of the medical consultant staff of such hospital, clinic, laboratory or institution.]

      Sec. 16.  NRS 436.220 is hereby amended to read as follows:

      436.220  The expenses incurred under the provisions of NRS 436.100 to 436.370, inclusive, and sections 2 to 4, inclusive, of this act, shall be a charge against the county or the community mental health center and shall be audited, levied, collected and paid in the same manner as other charges.

      Sec. 17.  NRS 436.230 is hereby amended to read as follows:

      436.230  Expenditures made by counties for community mental health services, including services to the mentally retarded, pursuant to NRS 436.100 to 436.370, inclusive, and sections 2 to 4, inclusive, of this act, shall be reimbursed by the state pursuant to NRS 436.240 to 436.370, inclusive.

      Sec. 18.  NRS 436.240 is hereby amended to read as follows:

      436.240  The community mental health services provided under NRS 436.100 to 436.370, inclusive, and sections 2 to 4, inclusive, of this act shall [consist of:

      1.  Out-patient psychiatric clinics and clinics for the mentally retarded for those who are unable to obtain private care, including referrals by physicians and surgeons.

      2.  In-patient services for the mentally retarded and psychiatric services in general hospitals and in psychiatric hospitals which are affiliated as the psychiatric division of or with a general hospital for those who are unable to obtain private care, including referrals by physicians and surgeons.

      3.  Rehabilitation services for the mentally retarded and for patients with psychiatric illnesses for those who are unable to obtain private care, including referrals by physicians and surgeons.

      4.  Informational services to the general public and educational services furnished by personnel qualified in the fields of mental health and mental retardation to schools, courts, health and welfare agencies, probation departments and other appropriate public or private agencies or groups authorized in the approved plan for community mental health services.


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ê1971 Statutes of Nevada, Page 1022 (Chapter 498, SB 148)ê

 

mental retardation to schools, courts, health and welfare agencies, probation departments and other appropriate public or private agencies or groups authorized in the approved plan for community mental health services.

      5.  Psychiatric consultant services to public or private agencies for the promotion and coordination of services that preserve mental health and for the early recognition and management of conditions that might develop into psychiatric illnesses, and services to the mentally retarded.] include:

      1.  Inpatient services.

      2.  Outpatient services.

      3.  Partial-care services such as day care, night care and weekend care.

      4.  Emergency services available at all times.

      5.  Consultation, education, information and referral services available to the general public, community agencies and professional personnel.

      Sec. 19.  NRS 436.250 is hereby amended to read as follows:

      436.250  To be eligible for reimbursement a county, or in the case of [a] joint community mental health [service,] services, two or more counties, shall first:

      1.  Establish two or more of the facilities or services provided for in NRS 436.240. In-service training necessary to providing such services shall be proper items of expenditures subject to state reimbursement.

      2.  Annually submit to the administrator a plan for proposed expenditures. The administrator shall review such plan to determine compliance with standards established in NRS 436.100 to 436.370, inclusive, and sections 2 to 4, inclusive, of this act, and fix the amount subject to state reimbursement. Existing services may qualify pursuant to the provisions of NRS 436.100 to 436.370, inclusive, and sections 2 to 4, inclusive, of this act, for reimbursement upon determination by the local [governing body] advisory board or board of directors that such services shall be subject to and administered under the provisions of NRS 436.100 to 436.370, inclusive [.] , and sections 2 to 4, inclusive, of this act.

      Sec. 20.  NRS 436.260 is hereby amended to read as follows:

      436.260  Expenditures incurred for the items specified in NRS 436.240 shall be subject to reimbursement in accordance with the regulations of the [administrator] division whether incurred by direct or joint operation of such facilities and services, by contracting for such services or by other arrangement pursuant to the provisions of NRS 436.100 to 436.370, inclusive [.] , and sections 2 to 4, inclusive, of this act. The administrator may make such investigations and audits of such expenditures as he may deem necessary.

      Sec. 21.  NRS 436.270 is hereby amended to read as follows:

      436.270  1.  Subject to appropriations therefor, the state shall pay to each county [not more than 50 percent of the net amount expended from county funds on account of expenses subject to reimbursement by the state pursuant to NRS 436.230. To determine the net amount expended, any fees received from patients or other revenues received for services rendered or from donations shall be deducted from the cost of locally provided services.] 70 percent of the amount raised and budgeted by the county, the community mental health center, the local director of mental health services or the director of the community mental health center on account of expenses subject to reimbursement by the state pursuant to NRS 436.230.


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

ê1971 Statutes of Nevada, Page 1023 (Chapter 498, SB 148)ê

 

mental health services or the director of the community mental health center on account of expenses subject to reimbursement by the state pursuant to NRS 436.230.

      2.  All state and federal moneys appropriated or authorized for the promotion of mental health or for services to the mentally retarded in the State of Nevada shall be disbursed through the division in accordance with the provisions of NRS 436.100 to 436.370, inclusive, and sections 2 to 4, inclusive, of this act, and rules and regulations promulgated in accordance with NRS 436.100 to 436.370, inclusive [.] , and sections 2 to 4, inclusive, of this act.

      Sec. 22.  NRS 436.280 is hereby amended to read as follows:

      436.280  Where counties have established joint mental health services, expenditures subject to reimbursement are the prorated expenditures of such counties as provided by the agreement establishing the joint [service.] services.

      Sec. 23.  NRS 436.290 is hereby amended to read as follows:

      436.290  1.  Expenditures subject to reimbursement include:

      (a) Expenditures for the items specified in NRS 436.240;

      (b) Salaries of personnel;

      (c) Approved facilities and services provided through contract;

      (d) Operation, maintenance and service costs;

      (e) [Expenses incurred under NRS 436.100 to 436.370, inclusive, by members of the conference of local directors of mental health services for attendance at regular meetings; and

      (f)] Such other expenditures as may be approved by the administrator.

      2.  Reimbursement may not be made for:

      (a) Expenditures for capital improvements;

      (b) The purchase or construction of buildings;

      (c) Compensation to members of a local mental health advisory board [,] or a board of directors of a community mental health center, except for actual and necessary expenses incurred in the performance of official duties;

      (d) Expenditures for treatment services furnished to patients who are able to obtain private care;

      (e) Expenditures for a purpose for which state reimbursement is claimed under any other provision of law;

      (f) Expenditures incurred for court procedures under this or any other provision of law; or

      (g) The cost of confinement of any person in excess of 90 days in any 1 calendar year.

      3.  Reimbursement may not be made to any county or counties which employ a physician in the local mental health service who [is not] has not declared his intention of becoming a citizen of the United States.

 

________


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

ê1971 Statutes of Nevada, Page 1024ê

 

CHAPTER 499, AB 772

Assembly Bill No. 772–Committee on Judiciary

CHAPTER 499

AN ACT relating to podiatry; establishing qualifications and licensing and registration procedures for podiatry hygienists; providing grounds for revocation and suspension of certificates of podiatry hygienists; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 635 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Any person desiring to be licensed as a podiatry hygienist in this state shall furnish the board with satisfactory proof that he:

      (a) Is 21 years of age or over.

      (b) Is of good moral character.

      (c) Is a citizen of the United States.

      (d) Has satisfactorily completed 2 years of study in a course for podiatry hygienists in a school or college approved by the board.

      2.  Upon payment of a fee of $50 to the board and presenting satisfactory proof as required by subsection 1, the applicant shall be examined by the board or a committee thereof under such rules and regulations as the board may determine.

      3.  At any time prior to July 1, 1974, in lieu of the education requirements of paragraph (d) of subsection 1, and in lieu of an examination, an applicant for a license as a podiatry hygienist who has worked for a period of 2 years under a podiatrist licensed in this state may be granted a license upon the presentation to the board of a certificate signed by a podiatrist licensed in this state certifying that the applicant possesses the necessary skill and training to be licensed as a podiatry hygienist.

      Sec. 3.  1.  The holder of a license or current renewal certificate to practice as a podiatry hygienist shall have the right to be employed as a podiatry hygienist in this state only in the office of a duly licensed podiatrist.

      2.  No podiatrist in private practice shall employ more than two podiatry hygienists at the same time.

      Sec. 4.  NRS 635.010 is hereby amended to read as follows:

      635.010  For the purpose of this chapter:

      1.  “Board” means the state board of podiatry.

      2.  “Podiatry” (sometimes called chiropody) is the diagnosis and the medical, surgical, mechanical, manipulative and electrical treatment of all ailments of the human foot and leg not in connection with the practice of another licensed profession, excepting amputation of the foot or leg or the administration of an anesthetic other than local. The following is an explanation of the terms defining podiatry:

      (a) “Diagnosis” means to ascertain a disease or ailment by its general symptoms.

      (b) “Electrical treatment” means the administration of electricity to the foot or leg by means of electrodes, machinery, rays and the like.


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

ê1971 Statutes of Nevada, Page 1025 (Chapter 499, AB 772)ê

 

      (c) “Manipulative treatment” means the use of the hand or machinery in the operation or working upon the foot or leg and its articulations.

      (d) “Mechanical treatment” means application of any mechanical appliance made of steel, leather, felt or any material to the foot or leg or in the shoe for the purpose of treating any disease, deformity or ailment.

      (e) “Medical treatment” means the application to or prescription for the foot or leg of medicines, pads, adhesives, felt, plasters or any medicinal agency.

      (f) “Surgical treatment” means the use of any cutting instrument to treat a disease, ailment or condition.

      3.  “Podiatry hygienist” means a person engaged in assisting a podiatrist in the treatment of the human foot through the reduction of excrescencies of the foot, including without limitation corns and calluses, and the cutting of the nails of the foot.

      4.  Unless the context otherwise requires, the masculine gender shall include the feminine gender, and the singular number the plural number.

      Sec. 5.  NRS 635.060 is hereby amended to read as follows:

      635.060  1.  The board shall hold two examinations annually for the purpose of examining applicants under this chapter. The examinations shall be held at such time and place as the board may see fit.

      2.  The board shall provide such books, blanks and forms as may be necessary to conduct the examinations.

      3.  Examinations for registration under this chapter shall be in the English language, written, oral or clinical, as the board may determine. [, and] The examination for podiatrists shall be in the following subjects: Anatomy, bacteriology, chemistry, clinical podiatry, diagnosis and treatment, pathology, physiology, surgery, and in such other subjects pertaining to the treatment of the foot and leg as the board within its discretion may determine.

      4.  No applicant shall be granted a certificate unless he attains a general average of 75 percent or over and not less than 50 percent in any one subject.

      Sec. 6.  NRS 635.070 is hereby amended to read as follows:

      635.070  Without unnecessary delay after examinations, the board shall act on the same. If an applicant is found qualified, he shall be registered and licensed to practice podiatry, or as a podiatry hygienist, as the case may be, and shall receive in testimony thereof a certificate signed by the president and the secretary-treasurer of the board.

      Sec. 7.  NRS 635.100 is hereby amended to read as follows:

      635.100  Every person practicing podiatry or practicing as a podiatry hygienist shall, upon receiving the certificate provided for by this chapter, cause the same to be conspicuously displayed at all times in every office maintained by him or in which he practices in this state.

      Sec. 8.  NRS 635.110 is hereby amended to read as follows:

      635.110  1.  On or before October 1 in each year, the board shall mail to each person licensed to practice podiatry or licensed as a podiatry hygienist in this state, at the last-known office or residence address of such person, a blank form of application for registration. The failure to mail such form of application or the failure to receive the same shall not, however, relieve any person of the duty to register and pay the fee required by this section nor exempt such person from the penalties provided by this chapter for failure to register.


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

ê1971 Statutes of Nevada, Page 1026 (Chapter 499, AB 772)ê

 

mail such form of application or the failure to receive the same shall not, however, relieve any person of the duty to register and pay the fee required by this section nor exempt such person from the penalties provided by this chapter for failure to register.

      2.  Every person duly licensed to practice podiatry or licensed as a podiatry hygienist in this state shall annually on or before October 31 apply to the board for a certificate of registration for the ensuing year. The application shall be made on the form furnished by the board, and shall state:

      (a) The applicant’s full name and his office and residence address.

      (b) The date and number of the license of the applicant issued to him for the practice of podiatry or as a podiatry hygienist in this state.

      (c) Such other facts as shall tend to identify the applicant and his license to practice podiatry or as a podiatry hygienist in this state as the board shall deem necessary.

      3.  Each applicant for registration under this section shall submit with his application a registration fee to be paid to the secretary-treasurer of the board for the year for which registration is sought. If the application is filed and the fee paid prior to November 1 at the beginning of the year for which registration is sought, the fee shall be $10. If the application is filed and the fee paid after November 1, the amount of the fee shall be $10 plus an additional $2 for each month or part of a month from November 1 of such year to the date when the application is filed and the fee paid.

      4.  Upon due application therefore and upon submission by such person of evidence satisfactory to the board that the person is licensed to practice podiatry or as a podiatry hygienist in this state, and upon the payment of the fees required to be paid by this chapter, the board shall issue to the applicant a certificate of registration under the seal of the board. The certificate shall recite that the person named therein is duly registered for the year specified. The certificate shall contain the name of the person to whom it is issued and the office address and residence address of such person, the date and number of the license issued to such person to practice podiatry [,] and as a podiatry hygienist, and such other information as the board shall deem advisable.

      Sec. 9.  NRS 635.120 is hereby amended to read as follows:

      635.120  1.  Any person licensed to practice podiatry or as a podiatry hygienist in this state and who has retired or may hereafter retire from practice shall not be required to register as required by this chapter. Such a person shall file with the board an affidavit, on a form to be furnished by the board, stating the date on which the person retired from practice and other facts deemed necessary by the board as shall tend to verify such retirement.

      2.  If such person thereafter reengages in the practice of podiatry or as a podiatry hygienist, he shall register with the board as provided in this chapter.

      Sec. 10.  NRS 635.130 is hereby amended to read as follows:

      635.130  The board may revoke any certificate it has issued, and cause the name of the holder to be stricken from the registration book by the county clerk in the county in which the name of the person whose certificate is revoked is registered for any of the following causes:

 


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

ê1971 Statutes of Nevada, Page 1027 (Chapter 499, AB 772)ê

 

by the county clerk in the county in which the name of the person whose certificate is revoked is registered for any of the following causes:

      1.  The willful betrayal of a professional secret.

      2.  The making of a false statement in any affidavit required of the applicant for application, examination and registration under this chapter.

      3.  Lending the use of one’s name to an unregistered [podiatrist.] person.

      4.  Habitual indulgence in the use of narcotics, ardent spirits, stimulants or any other substance which impairs the intellect and judgment to such an extent as in the opinion of the board will incapacitate the person in the performance of his professional duties.

      5.  Conviction of a crime involving moral turpitude.

      6.  Conduct which in the opinion of the board disqualifies him to practice with safety to the public.

      Sec. 11.  NRS 635.140 is hereby amended to read as follows:

      635.140  The board may suspend any certificate issued by it for an indefinite period, to be fixed by the board, for misconduct on the part of a registered podiatrist or podiatry hygienist which would not in the judgment of the board justify a revocation of the certificate.

      Sec. 12.  NRS 635.170 is hereby amended to read as follows:

      635.170  1.  City police departments and the sheriff of each county shall:

      (a) See that all practitioners of podiatry and as a podiatry hygienists in this state are legally registered according to the provisions of this chapter.

      (b) Report all violations of this chapter to the district attorney of the county wherein the violation occurs.

      2.  The district attorney shall promptly prosecute any person violating the provisions of this chapter.

      Sec. 13.  NRS 635.180 is hereby amended to read as follows:

      635.180  Every person who shall practice podiatry or as a podiatry hygienist as defined in this chapter without having complied with the provisions of this chapter shall be fined not more than $100 for each offense.

 

________


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

ê1971 Statutes of Nevada, Page 1028ê

 

CHAPTER 500, SB 209

Senate Bill No. 209–Senator Young

CHAPTER 500

AN ACT to amend the title of and to amend an act entitled “An Act relating to the development of state parks and outdoor recreation; to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section requiring the state department of conservation and natural resources to prepare and maintain a comprehensive statewide outdoor recreation plan and authorizing the department to represent and act for the state in dealing with the Federal Government for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation projects; authorizing the department, with the consent of the governor, to acquire by purchase, condemnation proceedings and other methods real and personal property and title to or interests in real and personal property in certain described areas of Washoe and Ormsby Counties, Nevada, and in other counties of the state, which the department deems necessary and proper for the extension, improvement or development of the state park system; providing for certain conditions precedent to acquisition and to the commencement of condemnation proceedings and imposing duties on the director of the state department of conservation and natural resources; creating the state parks and outdoor recreation acquisition and development fund in the state treasury, providing for uses and sources of the fund and making an appropriation thereto; to repeal chapter 491, Statutes of Nevada 1963, entitled ‘An Act to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section creating the state parks land acquisition fund in the state treasury for the purposes of negotiation for the purchase of real property on and near Lake Tahoe in the State of Nevada for state park purposes, the acquisition of options to purchase and the procurement of appraisals of the value of such real property; delegating powers and duties to the director of the state department of conservation and natural resources after approval by the governor; limiting the use of the state parks land acquisition fund and making an appropriation therefor; and providing other matters properly relating thereto,’ approved April 26, 1963; and providing other matters properly relating thereto,” approved February 5, 1964, as amended.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being chapter 11, Statutes of Nevada 1964, as last amended by chapter 52, Statutes of Nevada 1969, at page 52, is hereby amended to read as follows:

      Section 2.  1.  Notwithstanding the provisions of any other statute, and subject to the limitations contained in this act, the [state department of conservation and natural resources,] Nevada state park system, with the consent of the governor, may acquire real and personal property by exchange, lease, gift, grant, devise, purchase or by one or more condemnation proceedings brought in the name of the State of Nevada, and title to or any interest in real and personal property lying within the following described areas of Washoe [, Ormsby] and Douglas Counties, and Carson City, Nevada, which the [department] system deems necessary and proper for the extension, improvement or development of the state park system:

 

T. 16 N., R. 18 E.

 

       Sec. 25, all;

       Sec. 26, NE1/4, E1/2 SE1/4, Lot 2 of NW1/4, Lot 3 of SW1/4, Lots 4 and 5 of SE1/4;


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

ê1971 Statutes of Nevada, Page 1029 (Chapter 500, SB 209)ê

 

       Sec. 35, E1/2 E1/2, Lots 1 and 2 of NE1/4, Lots 3 and 4 of SE1/4;

       Sec. 36, all.

 

T. 16 N., R. 19 E.

 

       Sec. 19, E1/2, Lot No. 1 of NW1/4, Lot No. 1 of SW1/4;

       Sec. 20, all;

       Sec. 28, SW1/4, S1/2 NW1/4, NW1/4 NW1/4;

       Sec. 29, all;

       Sec. 30, E1/2, Lots No. 1 and No. 2 of NW1/4, Lots No. 1 and No. 2 of SW1/4.

 

T. 15 N., R. 18 E.

 

       Sec. 1, Lot No. 2 of NE1/4;

       Sec. 2, Lots No. 1 and No. 2 of NE1/4, Lots 1, 2, 3 of NW1/4, SE1/4, Lots 4 and 5 of SW1/4;

       Sec. 12, NW1/4 SW1/4;

       Sec. 13, SW1/4 SE1/4, SW1/4;

       Sec. 14, SE1/4, E1/2 SW1/4, Lots 3 and 4 of SW1/4, E1/2 NE1/4;

       Sec. 22, all of fractional SE1/4;

       Sec. 23, all of fractional section;

       Sec. 24, all;

       Sec. 25, all;

       Sec. 26, all;

       Sec. 27, all of fractional section;

       Sec. 33, [Ormsby County,] Carson City, all of Lot 1 of SE1/4;

       Sec. 34, [Ormsby County,] Carson City, all of fractional section;

       Sec. 35, [Ormsby County,] Carson City, all;

       Sec. 36, [Ormsby County,] Carson City, all.

 

T. 15 N., R. 19 E.

 

       Sec. 4, Lots No. 1 and No. 2 of NE1/4, Lots No. 1 and No. 2 of NW1/4;

       Sec. 5, Lot No. 2 of NE1/4, Lots No. 1 and No. 2 of NW1/4, SW1/4;

       Sec. 6, Lots No. 1 and No. 2 of NE1/4, SE1/4, Lots No. 1 and No. 2 of NW1/4, N1/2 of Lot No. 1 of SW1/4;

       Sec. 7, N1/2 of Lot No. 2 of NW1/4, Lot No. 1 of NW1/4;

       Sec. 19, Lots No. 1 and No. 2 of SW1/4;

       Sec. 30, Lot No. 2 of NW1/4.

 

T. 14 N., R. 18 E.

 

       [Those portions of Sections 1 and 2 lying northerly and easterly of State Route 28 and northerly and westerly of State Route 3 (U.S. 50), in Douglas County.]

       Section 1, all;

       Section 2, N1/2, SE1/4 and E1/2 of SW1/4.

       Section 3, NW1/4 and E1/2 NE1/4.

       Section 4, Lots No. 1 and No. 2 of NE1/4.


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

ê1971 Statutes of Nevada, Page 1030 (Chapter 500, SB 209)ê

 

T. 14 N., R. 19 E.

 

       Those portions of Sections 5 and 6 lying northerly and easterly of State Route 28 and northerly and westerly of State Route 3 (U.S. 50), in Douglas County.

 

      All range references are to the Mount Diablo Base and Meridian.

      2.  The [state department of conservation and natural resources] Nevada state park system shall not acquire any real or personal property lying within the areas of Washoe [, Ormsby] and Douglas Counties, and Carson City, Nevada, described in subsection 1, by exchange, lease, purchase or by condemnation proceedings unless a portion of such real or personal property is contiguous to property owned or leased by the State of Nevada.

      3.  Before acquiring any real or personal property by exchange, lease or purchase or before commencing a condemnation proceeding for acquisition, the [state department of conservation and natural resources] Nevada state park system shall cause an appraisal to be made by at least one qualified, disinterested appraiser to determine the fair market value of such real or personal property. With the approval of the governor and the attorney general, the [director of the department] administrator of the system may employ one or two additional qualified, disinterested appraisers for this purpose. The [department] system may acquire such real or personal property by exchange, lease or purchase for a price in excess of the fair market value so determined only after the state board of examiners finds, after conducting a public hearing, that such property is an integral part of and essential to the extension, improvement or development of the state park system and that such acquisition is in the best interest of the state. Notice of the public hearing shall be given by one publication in a newspaper printed in and having a general circulation in the county in which the property proposed to be acquired is located at least 20 days prior to the date set for the public hearing and shall contain:

      (a) The legal description of the property to be acquired;

      (b) The amount of the fair market value;

      (c) The price the [department] system proposes to pay for such property; and

      (d) The date, time and place of the public hearing.

      4.  Proceedings for the condemnation of any real or personal property or any interest therein shall be taken under the provisions of chapter 37 of NRS relating to eminent domain, but no such proceedings shall be commenced by the [state department of conservation and natural resources] Nevada state park system after [May 1, 1971.] January 1, 1977. Nothing herein contained shall be construed to affect any such proceedings which are pending on [May 1, 1971.] January 1, 1977. The [department] system shall not commence any such proceedings unless:

      (a) The provisions of subsection 3 relating to appraisals have been complied with;

      (b) There is in the state parks an outdoor recreation acquisition and development fund an unencumbered balance which together with funds firmly committed for this purpose from competent private sources and from the Federal Land and Water Conservation Fund Act of 1964, Public Law 88–578 (78 Stat.


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

ê1971 Statutes of Nevada, Page 1031 (Chapter 500, SB 209)ê

 

from the Federal Land and Water Conservation Fund Act of 1964, Public Law 88–578 (78 Stat. 897), is equal to at least 120 percent of the fair market value of the property to be condemned as established by the required appraisal; and

      (c) The [director of the state department of conservation and natural resources] administrator of the Nevada state park system has issued a declaration declaring that public interest and necessity require acquisition by the State of Nevada of the property or interest therein, described in the declaration, and that such acquisition is necessary and proper for the extension, improvement or development of the state park system.

      5.  The declaration of the [director of the state department of conservation and natural resources] administrator of the Nevada state park system shall be prima facie evidence:

      (a) Of the public necessity of such proposed acquisition.

      (b) That such real or personal property or interest therein is necessary therefor.

      (c) That such proposed acquisition is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.

      6.  Nothing in this section shall be construed to limit the [department] system in the exercise of the power of eminent domain herein granted to but one condemnation proceeding, it being the intention of the legislature that one or more such proceedings may, if necessary, be instituted for the acquisition of title to or any interest in real and personal property.

      7.  All legal actions in all courts brought under the provisions of this section to enforce the power of eminent domain shall take precedence over all other causes and actions not involving the public interest, to the end that all such actions, hearings and trials thereon shall be quickly heard and determined.

      Sec. 2.  The title of the above-entitled act, being chapter 11, Statutes of Nevada 1964, at page 26, is hereby amended to read as follows:

      An Act relating to the development of state parks and outdoor recreation; to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section requiring the state department of conservation and natural resources to prepare and maintain a comprehensive statewide outdoor recreation plan and authorizing the department to represent and act for the state in dealing with the Federal Government for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation projects; authorizing the [department,] Nevada state park system, with the consent of the governor, to acquire by purchase, condemnation proceedings and other methods real and personal property and title to or interests in real and personal property in certain described areas of Washoe County and Carson City, [and Ormsby Counties,] Nevada, and in other counties of the state, which the [department] system deems necessary and proper for the extension, improvement or development of the state park system; providing for certain conditions precedent to acquisition and to the commencement of condemnation proceedings and imposing duties on the [director of the state department of conservation and natural resources;] administrator of the Nevada state park system; creating the state parks and outdoor recreation acquisition and development fund in the state treasury, providing for uses and sources of the fund and making an appropriation thereto; to repeal chapter 491, Statutes of Nevada 1963, entitled “An Act to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section creating the state parks land acquisition fund in the state treasury for the purposes of negotiation for the purchase of real property on and near Lake Tahoe in the State of Nevada for state park purposes, the acquisition of options to purchase and the procurement of appraisals of the value of such real property; delegating powers and duties to the director of the state department of conservation and natural resources after approval by the governor; limiting the use of the state parks land acquisition fund and making an appropriation therefor; and providing other matters properly relating thereto,” approved April 26, 1963; and providing other matters properly relating thereto.


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

ê1971 Statutes of Nevada, Page 1032 (Chapter 500, SB 209)ê

 

of the Nevada state park system; creating the state parks and outdoor recreation acquisition and development fund in the state treasury, providing for uses and sources of the fund and making an appropriation thereto; to repeal chapter 491, Statutes of Nevada 1963, entitled “An Act to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section creating the state parks land acquisition fund in the state treasury for the purposes of negotiation for the purchase of real property on and near Lake Tahoe in the State of Nevada for state park purposes, the acquisition of options to purchase and the procurement of appraisals of the value of such real property; delegating powers and duties to the director of the state department of conservation and natural resources after approval by the governor; limiting the use of the state parks land acquisition fund and making an appropriation therefor; and providing other matters properly relating thereto,” approved April 26, 1963; and providing other matters properly relating thereto.

 

________

 

 

CHAPTER 501, SB 437

Senate Bill No. 437–Committee on Federal, State and Local Governments

CHAPTER 501

AN ACT relating to securities; revising the requirements concerning statements to be filed for public intrastate offerings; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 90.140 is hereby amended to read as follows:

      90.140  1.  It is unlawful for any person to offer or sell any security in this state by means of a public intrastate offering unless:

      (a) He has filed a statement with the administrator concerning such security as described in NRS 90.150;

      (b) He has paid a filing fee of $500 therefor;

      (c) The administrator has approved such statement; and

      (d) The total amount of underwriting fees plus any other commissions or discounts allowed by the issuer does not exceed 15 percent, and the amount paid or allowed by the issuer for expenses directly or indirectly incurred does not exceed 5 percent, of the amount actually received in money.

      2.  Such statement shall be effective for a period of 18 months, and if no issue of the security described in the statement takes place within such period, such person shall file a new statement pursuant to subsection 1 prior to the issuance of any such security.

      3.  When a statement is withdrawn the administrator shall retain the filing fee.

      Sec. 2.  NRS 90.150 is hereby amended to read as follows:

      90.150  1.  The statement required by subsection 1 of NRS 90.140 shall be in writing and verified as provided in NRS 15.010 for the verification of pleadings.


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

ê1971 Statutes of Nevada, Page 1033 (Chapter 501, SB 437)ê

 

      2.  The statement shall contain the following information and shall be accompanied by the following documents:

      (a) The names, residences and post office addresses of the officers.

      (b) The location of the principal office and the principal place of business.

      (c) An itemized account of the issuer’s financial condition and the amount and character of all assets and liabilities prepared in accordance with generally accepted accounting principles and certified by an independent certified public accountant who holds a certificate issued pursuant to the provisions of chapter 628 of NRS.

      (d) A detailed statement of the plan upon which business is proposed to be transacted.

      (e) A copy of the issuer’s articles of incorporation or partnership or association, as the case may be, and of any amendments thereto, and all other papers pertaining to its organization.

      (f) A copy of any security proposed to be issued.

      (g) A copy of any contract proposed to be made concerning such security.

      (h) A copy of any prospectus or advertisement or other description of such security prepared by or for the issuer for distribution or publication.

      (i) The date upon which it is proposed to commence to sell such securities.

      (j) The number, kind and amount of securities proposed to be sold.

      (k) The par or face value, if any, and the price at which it is proposed to sell such securities.

      (l) The commission or compensation to be paid for the sale of such securities, including without limitation underwriting fees, discounts and any amounts paid or allowed by the issuer for expenses directly or indirectly incurred.

      (m) The states in which a statement or similar document in connection with the offering has been or is to be filed.

      (n) A copy of any adverse order, judgment or decree entered in connection with the offering by the regulatory authorities in each state, by any court or by the Securities and Exchange Commission.

      (o) The consent to service of process as required by subsection 6 of NRS 90.210.

      (p) The amount of money paid in and property contributed to the issuer by each organizer or promoter, with a description of any such property sufficient to establish its nature and value.

      (q) Such additional information concerning the issuer, its conditions and affairs as the administrator may, by regulation, require.

      3.  If the person filing the statement is a trustee, the statement shall also be accompanied by a copy of all instruments by which the trust is created and in which it is accepted, acknowledged or declared.

      4.  If the person filing the statement is a corporation, the statement shall also be accompanied by:

      (a) A copy of its bylaws and of any amendments thereto.

      (b) A copy of all minutes of any proceeding of its directors, stockholders or members relating to or affecting the issue of the security.

      5.  If the person filing the statement is a corporation or association organized under the laws of any other state, territory or government, the statement shall also be accompanied by a certificate executed by the proper officer of that state, territory or government not more than 30 days before the filing of the statement, showing that such corporation or association is authorized to transact business in that state, territory or government.


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

ê1971 Statutes of Nevada, Page 1034 (Chapter 501, SB 437)ê

 

statement shall also be accompanied by a certificate executed by the proper officer of that state, territory or government not more than 30 days before the filing of the statement, showing that such corporation or association is authorized to transact business in that state, territory or government.

 

________

 

 

CHAPTER 502, SB 607

Senate Bill No. 607–Committee on Commerce

CHAPTER 502

AN ACT relating to trusts for the furtherance of, or the providing of funds for the furtherance of, public functions; authorizing and designating their mode of creation; providing for the appointment, succession, powers, duties, terms and compensation of trustees and their liability; requiring annual audits; providing for the termination of such trusts; excluding the operation of certain statutes with respect to such trusts; providing tax exemptions; providing for the approval of such trusts; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  Title 19 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10.5, inclusive, of this act.

      Sec. 2.  1.  Express trusts may be created in real or personal property, or either or both, or in any estate or interest in either or both, with the state, or any county, municipality, political or governmental subdivision, or governmental agency of the state as the beneficiary thereof, and the purpose thereof may be the furtherance, or the providing of funds for the furtherance, of any authorized or proper function of the beneficiary; but no funds of the beneficiary derived from sources other than the trust property, or the operation thereof, shall be charged with or expended for the execution of the trust, except by express action of the legislative authority of the beneficiary first had.

      2.  The officers or any other governmental agencies or authorities having the custody, management or control of any property, real or personal or both, of the beneficiary of such trust, or of such a proposed trust, which property is necessary for the execution of the trust purposes, are hereby authorized and empowered to lease such property for such purposes, after the acceptance of the beneficial interest therein by the beneficiary as provided in this chapter, or conditioned upon such acceptance.

      Sec. 3.  1.  Such trusts may be created by written instruments, or by will. A written instrument shall be subscribed by the grantor or grantors and duly acknowledged as conveyances of real property are acknowledged. Before the same shall become effective the beneficial interest therein shall be accepted by the governor, if the state is the beneficiary, or by the governing body of any other beneficiary named therein, which power and authority of acceptance is hereby conferred upon the governor and upon the governing bodies of the counties, municipalities, political and governmental subdivisions, and governmental agencies of the state.


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

ê1971 Statutes of Nevada, Page 1035 (Chapter 502, SB 607)ê

 

governmental subdivisions, and governmental agencies of the state. Thereupon the instrument or will, together with the written acceptance of the beneficial interest endorsed thereon, shall be recorded in the office of the county recorder of each county in which is situated any real property, or any interest therein, belonging to the trust, as well as in the county where the trust property is located or its principal operations are conducted.

      2.  Upon the acceptance of the beneficial interest by the beneficiary as authorized in subsection 1, the same shall be and constitute a binding contract between the State of Nevada and the grantor or grantors, or the executor of the estate of the testator, for the acceptance of the beneficial interest in the trust property by the designated beneficiary and the application of the proceeds of the trust property and its operation for the purposes and in accordance with the stipulations specified by the trustor or trustors.

      3.  Such trusts shall have duration for the term of duration of the beneficiary, or such shorter length of time as is specified in the instrument or will creating the trust.

      Sec. 4.  The instrument or will creating such trust may provide for the appointment, succession, powers, duties, term and compensation of the trustee or trustees; and in all such respects the terms of the instrument or will shall be controlling. If the instrument or will makes no provision in regard to any of the foregoing, then the general laws of the state shall control as to such omission or omissions.

      Sec. 5.  1.  The trustee or trustees under such an instrument or will may be an individual, individuals, partnership, corporation, national banking association or state banking association, and such trustee or trustees shall be an agency of the state and the regularly constituted authority of the beneficiary for the performance of the functions for which the trust has been created.

      2.  The provisions of NRS 164.050 relating to the standard of care for a trustee in investing and managing trust property apply to the trustee or trustees of a trust created by a written instrument or will pursuant to this chapter.

      3.  No trustee or beneficiary shall be charged personally with any liability whatsoever by reason of any act or omission committed or suffered in the performance of such trust or in the operation of the trust property; but any act, liability for any omission or obligation of a trustee or trustees, in the execution of such trust, or in the operation of the trust property, shall extend to the whole of the trust estate, or so much thereof as may be necessary to discharge such liability or obligation, and not otherwise.

      Sec. 6.  1.  The trustee or trustees of every trust created for the benefit and furtherance of any public function with the State of Nevada or any county, municipality, political or governmental subdivision, or governmental agency of the state as the beneficiary or beneficiaries thereof shall cause an audit to be made of the funds, accounts and fiscal affairs of such trust, such audit to be ordered within 30 days of the close of each fiscal year of the trust.

      2.  The audits required by subsection 1 shall be certified with the unqualified opinion of a certified public accountant or a public accountant notwithstanding any lesser requirement by any instrument under which the trust may have covenanted for an audit to be made or furnished.


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

ê1971 Statutes of Nevada, Page 1036 (Chapter 502, SB 607)ê

 

the trust may have covenanted for an audit to be made or furnished. One copy of the annual audit shall be filed with the fiscal analyst of the legislative counsel bureau and one copy with each beneficiary of the trust not later than 90 days following the close of each fiscal year of the trust.

      3.  If a copy of the required audit is not filed with the fiscal analyst of the legislative counsel bureau within the time provided, the fiscal analyst is authorized to employ, at the cost and expense of the trust, a certified public accountant or a public accountant to make the required audit.

      4.  The necessary expense of such audits, including the cost of typing, printing and binding, shall be paid from funds of the trust.

      Sec. 7.  No franchise is required for the acquisition, ownership or operation of any properties of a trust created for the benefit and furtherance of any public function.

      Sec. 8.  The provisions of the State Securities Law, the Local Government Securities Law, the University Securities Law, or of any other general, special or local statute relating to the issuance of public securities or other debt obligations do not apply to a trust created for the benefit and furtherance of any public function.

      Sec. 9.  No statute, general, special or local, requiring competitive bidding applies to a trust created for the benefit and furtherance of a public function.

      Sec. 10.  Any trust created for the benefit and furtherance of a public function may be terminated by agreement of the trustee, or if there is more than one, then all of the trustees, and the governing body of the beneficiary, with the approval of the governor of the State of Nevada; but such trust shall not be terminated while there exists outstanding any contractual obligations chargeable against the trust property, which, by reason of such termination, might become an obligation of the beneficiary of such trust.

      Sec. 10.5.  The state board of finance shall first review and approve the method of finance proposed by any trust created pursuant to sections 2 to 10, inclusive, of this act, and shall approve the underwriter or financial institution preparing and offering the proposed issue for sale, as to the financial responsibility of such underwriter or financial institution, before such issue may be offered or sold.

      Sec. 11.  Chapter 332 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      This chapter does not apply to a trust created for the benefit and furtherance of any public function pursuant to the provisions of sections 2 to 10.5, inclusive, of this act.

      Sec. 12.  Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      All property, both real and personal, of a trust created for the benefit and furtherance of any public function pursuant to the provisions of sections 2 to 10.5, inclusive, of this act, is exempt from taxation; but moneys in lieu of taxes may be paid to the beneficiary pursuant to any agreement contained in the instrument creating the trust.

      Sec. 13.  NRS 704.340 is hereby amended to read as follows:

      704.340  1.  A municipality constructing, leasing, operating or maintaining any public utility or a trust created for the benefit and furtherance of any public function pursuant to the provisions of sections 2 to 10.5, inclusive, of this act shall not be required to obtain a certificate of public convenience [.]


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

ê1971 Statutes of Nevada, Page 1037 (Chapter 502, SB 607)ê

 

of any public function pursuant to the provisions of sections 2 to 10.5, inclusive, of this act shall not be required to obtain a certificate of public convenience [.] ; however, any person as defined in chapter 706 of NRS, contemplating transportation by use of a motor vehicle as a common or contract carrier, or contemplating the operation of a public utility as defined in NRS 704.020, as a trust created pursuant to sections 2 to 10.5, inclusive, of this act, shall first submit a certified copy of the trust documents or prepared trust documents to the commission together with a detailed explanation of the purposes, scope, area to be affected and such other pertinent information necessary to assist the commission in making a determination as to whether the service presently being offered by any existing transportation company or public utility would be unreasonably impaired by the approval of such trust documents.

      2.  The commission shall, after investigation and hearing on any contemplated trust coming within the provisions of subsection 1, submit a report of its findings and reasons therefor to the state and each political subdivision within which such trust contemplates operation. Such trust shall not become effective unless and until written approval has been given by the commission.

      Sec. 14.  1.  Within 30 days after the passage and approval of this act the secretary of state shall, and it is his mandatory duty to do so, mail a certified copy of this act to each board of county commissioners and each governing body of each incorporated city in the State of Nevada.

      2.  After compliance with the provisions of subsection 1 the secretary of state shall execute and file in his office an affidavit of such mailing, whereupon sections 1 to 13, inclusive, of this act shall become effective.

      3.  This section shall become effective upon passage and approval.

 

________

 

 

CHAPTER 503, AB 813

Assembly Bill No. 813–Committee on Government Affairs

CHAPTER 503

AN ACT relating to the unincorporated town of Pioche; providing for the town’s acquisition of an electric project; providing for the issuance of bonds and other securities, constituting general obligations, to defray wholly or in part the cost of the acquisition of such facilities and appurtenances; providing for the payment of such securities, the security therefor, and other details in connection therewith; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with the town, such facilities, such securities, the taxes and other revenues for their payment, their proceeds, other moneys, and pledges and liens pertaining thereto, including, without limitation, by reference to the Local Government Securities Law; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  Except as otherwise provided in this act, terms used or referred to in this act are as defined in the Local Government Securities Law; but the following terms whenever used or referred to in this act and in the Local Government Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 7, inclusive, of this act.


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

ê1971 Statutes of Nevada, Page 1038 (Chapter 503, AB 813)ê

 

in the Local Government Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 7, inclusive, of this act.

      Sec. 2.  “Facilities” means facilities pertaining to the municipal electric heat, light and power system for the generation, transportation and distribution of electrical energy, including without limitation towers, generators, conduits, transmission lines, engines, pumps, meters, poles, resistors, transformers, apparatus, tools, equipment, fixtures, structures, buildings and other electric energy generation, transmission and distribution facilities (or any combination thereof), hereafter acquired by the municipality, through purchase, construction or otherwise, and used in connection with such system of the municipality and in any way pertaining thereto, whether or not located within or without or both within and without the boundaries of the municipality.

      Sec. 3.  “Governing body” means the board of county commissioners of Lincoln County, Nevada, acting for the municipality.

      Sec. 4.  “Gross pledged revenues” means all income and revenues derived directly or indirectly by the municipality from the operation and use of and otherwise pertaining to the facilities, or any part thereof, whether resulting from repairs, enlargements, extensions, betterments or other improvements to the facilities, or otherwise, and includes all revenues received by the municipality from the facilities, including, without limitation, all fees, rates and other charges for the use of the facilities, or for any service rendered by the municipality in the operation thereof, directly or indirectly, the availability of any such service, or the sale or other disposal of any commodities derived therefrom, but excluding any moneys borrowed and used for the acquisition of capital improvements, and excluding any moneys received as grants, appropriations or gifts from the Federal Government, the state, or other sources, the use of which is limited by the grantor or donor to the construction of capital improvements for the facilities, except to the extent any such moneys shall be received as payments for the use of the facilities, services rendered thereby, the availability of any such service, or the disposal of any such commodities.

      Sec. 5.  “Municipality” means the body corporate and politic designated as the unincorporated town of Pioche, in Lincoln County, Nevada.

      Sec. 6  “Net pledged revenues” means the gross pledged revenues remaining after the deduction of the operation and maintenance expenses of the facilities.

      Sec. 7.  “Project” means the acquisition of the facilities situate within or without, or both within and without, the corporate limits of the municipality but solely within the boundaries of Lincoln County, Nevada.

      Sec. 8.  1.  The municipality, acting by and through its governing body, is authorized by this act, as supplemented by the provisions of the Local Government Securities Law, without any election or other further preliminaries:

      (a) To acquire the project;

      (b) To borrow money and otherwise to become obligated in a total principal amount of not exceeding $70,000, and to evidence such obligations by the issuance of bonds and other securities of the municipality, bearing interest at a rate or rates not exceeding 8 percent per annum and sold at public or private sale at a price resulting in an effective interest rate of not more than 8 percent per annum, constituting general obligations, and issued independent of any debt limitation or other restriction, except as is otherwise provided in this act and in the Local Government Securities Law, in one series or more at any time or from time to time but not after 6 years from the effective date of this act, as the governing body may determine, for the purpose of defraying wholly or in part the cost of the project; and

 


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

ê1971 Statutes of Nevada, Page 1039 (Chapter 503, AB 813)ê

 

bearing interest at a rate or rates not exceeding 8 percent per annum and sold at public or private sale at a price resulting in an effective interest rate of not more than 8 percent per annum, constituting general obligations, and issued independent of any debt limitation or other restriction, except as is otherwise provided in this act and in the Local Government Securities Law, in one series or more at any time or from time to time but not after 6 years from the effective date of this act, as the governing body may determine, for the purpose of defraying wholly or in part the cost of the project; and

      (c) To exercise the incidental powers provided in the Local Government Securities Law in connection with the powers authorized by this act except as therein and herein otherwise expressly provided.

      2.  Nothing in this act shall be construed as preventing the governing body, on the behalf and in the name of the municipality, from funding, refunding or reissuing any securities of the municipality at any time as provided in the Local Government Securities Law.

      Sec. 9.  The securities authorized by this act may be issued as:

      1.  General obligation bonds and other general obligation securities, payable from taxes; or

      2.  General obligation bonds and other general obligation securities payable from taxes; the payment of which securities is additionally secured with net pledged revenues; or

      3.  Any combination of such securities.

      Sec. 10.  The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the Local Government Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.

      Sec. 11.  This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.

      Sec. 12.  If any provisions of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 13.  This act shall become effective upon passage and approval.

 

________


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

ê1971 Statutes of Nevada, Page 1040ê

 

CHAPTER 504, AB 713

Assembly Bill No. 713–Messrs. Schofield, Swallow, Glaser, Mrs. Frazzini, Messrs. Frank Young, Wilson, Ronzone, Miss Foote, Mr. Ashworth, Miss Hawkins, Messrs. Smalley, May, Dreyer, Mrs. White, Messrs. Poggione, Olsen, Smith, Branch, Kean and Howard

CHAPTER 504

AN ACT relating to public and private school pupils; requiring a child entering school for the first time or a child already in attendance to be immunized or be in the process of being immunized for certain diseases; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  1.  Within 3 months after any child is enrolled in a public school within this state for the first time, his parents or guardian shall submit to the board of trustees of the school district in which the child resides a certificate or certificates stating that the child has been immunized and has received or is in the process of receiving proper boosters for such immunization or is in the process of being immunized for the following diseases:

      (a) Diphtheria;

      (b) Tetanus;

      (c) Pertussis if the child is under 6 years of age;

      (d) Poliomyelitis;

      (e) Rubella; and

      (f) Such other diseases as the board of trustees may determine.

      2.  The certificate or certificates required in subsection 1 shall show that such required immunization vaccines and boosters were given, and shall bear the signature of the licensed physician or registered nurse who administered such vaccines or boosters. If records are not available from a licensed physician or registered nurse, a sworn statement from the parent or guardian shall suffice.

      Sec. 3.  A public school shall not refuse to enroll a child as a pupil because such child has not been immunized pursuant to section 2 of this act if the parents or guardian of such child have submitted to the board of trustees a written statement indicating that their religious belief prohibits immunization of such child or ward.

      Sec. 4.  If the medical condition of a child will not permit him to be immunized to the extent required by section 2 of this act, a written statement of this fact signed by a licensed physician and presented to the board of trustees by the parents or guardian of such child shall exempt such child from all or part of the provisions of section 2 of this act, as the case may be, for enrollment purposes.

      Sec. 5.  Clinics for the immunization of school-age children for the diseases enumerated in section 2 of this act shall be held by the county, city, town or district boards of health, as the case may be, not less than 1 month prior to the opening date of the school year in the respective counties, cities and towns within the state.


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

ê1971 Statutes of Nevada, Page 1041 (Chapter 504, AB 713)ê

 

      Sec. 6.  If, after a child has been enrolled in a public school and before registration for any subsequent school year additional immunization requirements are provided by law, the child’s parents or guardian shall submit an additional certificate or certificates to the board of trustees stating that such child has met the new immunization requirements.

      Sec. 7.  Qualified personnel of any clinic who, in good faith, administer vaccines or boosters under the provisions of sections 2 to 6, inclusive, of this act shall be immune from civil or criminal liability.

      Sec. 8.  Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 14, inclusive, of this act.

      Sec. 9.  1.  Within 3 months after any child is enrolled in a private school within this state for the first time, his parents or guardian shall submit to the governing body of such private school a certificate or certificates stating that the child has been immunized and has received or is in the process of receiving proper boosters for such immunization or is in the process of being immunized for the following diseases:

      (a) Diphtheria;

      (b) Tetanus;

      (c) Pertussis if the child is under 6 years of age;

      (d) Poliomyelitis;

      (e) Rubella; and

      (f) Such other diseases as the board of trustees may determine.

      2.  The certificate or certificates required in subsection 1 shall show that such required immunization vaccines and boosters were given, and shall bear the signature of the licensed physician or registered nurse who administered such vaccines or boosters. If records are not available from a licensed physician or registered nurse, a sworn statement from the parent or guardian shall suffice.

      Sec. 10.  A private school shall not refuse to enroll a child as a pupil because such child has not been immunized pursuant to section 9 of this act if the parents or guardian of such child have submitted to the governing body a written statement indicating that their religious belief prohibits immunization of such child or ward.

      Sec. 11.  If the medical condition of a child will not permit him to be immunized to the extent required by section 9 of this act, a written statement of this fact signed by a licensed physician and presented to the governing body by the parents or guardian of such child shall exempt such child from all or part of the provisions of section 9 of this act, as the case may be, for enrollment purposes.

      Sec. 12.  Clinics for the immunization of school-age children for the diseases enumerated in section 9 of this act shall be held by the county, city, town or district boards of health, as the case may be, not less than 1 month prior to the opening date of the school year in the respective counties, cities and towns within the state.

      Sec. 13.  If, after a child has been enrolled in a private school and before registration for any subsequent school year additional immunization requirements are provided by law, the child’s parents or guardian shall submit an additional certificate or certificates to the governing body stating that such child has met the new immunization requirements.


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

ê1971 Statutes of Nevada, Page 1042 (Chapter 504, AB 713)ê

 

      Sec. 14.  Qualified personnel of any clinic who in good faith, administer vaccines or boosters under the provisions of section 9 to 13, inclusive, of this act shall be immune from civil or criminal liability.

 

________

 

 

CHAPTER 505, AB 530

Assembly Bill No. 530–Messrs. Dini and Getto

CHAPTER 505

AN ACT relating to agricultural products and seeds; defining terms; designating the executive director of the state department of agriculture to enforce the provisions of the regulatory law; prescribing certain powers of the executive director; specifying unlawful acts relating to advertising, display, packaging, placement, delivery and shipment of fruits, nuts and vegetables; regulating display for sale of potatoes and onions; enumerating unlawful acts and providing penalties; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 587 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.

      Sec. 2.  Unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act, as used in sections 2 to 21, inclusive, of this act, have the meanings ascribed to them in sections 3 to 8, inclusive, of this act.

      Sec. 3.  “Bulk lot” or “bulk load” of any fresh or dried fruit, nut or vegetable means any one group of specimens of such product which is not in a container and which is set apart or separate from any other group.

      Sec. 4.  “Deceptive arrangement” or “deceptive display” of fresh or dried fruits, nuts or vegetables means any bulk lot or load, arrangement or display of such products which has in the exposed surface fresh or dried fruits, nuts or vegetables which are so superior in quality, size, condition or in any other respect so superior to those which are concealed or the unexposed portion as to materially misrepresent any part of the bulk lot or load.

      Sec. 5.  “Deceptive pack” means any container or subcontainer which has in the outer layer or any exposed surface fruits, nuts or vegetables which are in quality, size, condition or in any other respect so superior to those in the interior of the container or subcontainer or in the unexposed portion as to materially misrepresent the contents. Such pack is deceptive if the outer or exposed surface is composed of products whose size is not an accurate representation of the variation of size of the products in the entire container even though the fruits, nuts or vegetables in the container are virtually uniform in size.

      Sec. 6.  “Mature,” except when otherwise specifically defined, means having reached that stage of ripeness which will insure the completion of the ripening process to a degree which will insure palatability after the removal of the product from the tree, plant or vine.


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

ê1971 Statutes of Nevada, Page 1043 (Chapter 505, AB 530)ê

 

      Sec. 7.  “Mislabel” means the placing or presence of any false or misleading statement, design or device upon any of the following: Any container, the label or lining of any container, the wrapper of any fresh or dried fruit, nut or vegetable, any placard which is used in connection with and which has reference to any fresh or dried fruits, nuts or vegetables. A statement, design or device is false or misleading if the fresh or dried fruit, nut or vegetable or container to which it apparently or actually refers does not conform in every respect to such statements, design or device.

      Sec. 8.  “Overripe” means having reached an advance stage of maturity which causes the product to be undesirable for human consumption in a fresh state.

      Sec. 8.5.  “Transport” does not include the owners of vehicles employed in for-hire transportation.

      Sec. 9.  The executive director and the deputies and inspectors under his supervision and control shall enforce this chapter.

      Sec. 10.  The executive director, after due notice and public hearing, may adopt regulations:

      1.  Prescribing methods of selecting samples of lots or containers of fruits, nuts and vegetables on a basis of size or other specific classification which are reasonably calculated to produce by such sampling fair representations of the entire lots or containers which are sampled.

      2.  Establishing and issue official color charts which depict the color standards and requirements which may be established by this chapter.

      3.  Making such other regulations as are reasonably necessary to secure uniformity in the enforcement of this chapter.

      Sec. 11.  1.  All potatoes sold or offered for sale for human consumption within this state shall meet the U.S. No. 2 grade requirements or better, as adopted by the United States Department of Agriculture and by the department under authority of NRS 587.390.

      2.  All containers of potatoes when full shall bear upon them in plain sight and plain letters the name of the person who authorized the packing of the potatoes or the name under which such packer is engaged in business, together with a sufficiently explicit address to permit ready location of such packer.

      3.  All containers of potatoes sold shall be marked with one of the grade markings for potatoes established by the United States Department of Agriculture and the department, except that open containers need not be marked with one of the grade markings when they are part of an open display of potatoes which is marked with one of the grade markings. The potatoes in such containers shall meet the grade marked on the open display.

      Sec. 12.  The executive director may cooperate financially or otherwise with any county in accordance with NRS 244.327 and 561.245 in the enforcement of sections 2 to 21, inclusive, of this act.

      Sec. 13.  1.  All onions sold or offered for sale for human consumption within this state shall meet the U.S. No. 2 grade requirements, or better, as adopted by the United States Department of Agriculture and by the department under authority of NRS 587.390.

      2.  All containers of onions when full shall bear upon them in plain sight and plain letters the name of the person who authorized the packing of the onions or the name under which such packer is engaged in business, together with a sufficiently explicit address to permit ready location of such packer.


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

ê1971 Statutes of Nevada, Page 1044 (Chapter 505, AB 530)ê

 

sight and plain letters the name of the person who authorized the packing of the onions or the name under which such packer is engaged in business, together with a sufficiently explicit address to permit ready location of such packer.

      3.  All containers of onions sold shall be marked with one of the grade markings for onions established by the United States Department of Agriculture and the department, except that open containers need not be marked with one of the grade markings when they are part of an open display of onions which is marked with one of the grade markings. The onions in such containers shall meet the grade marked on the open display.

      Sec. 14.  It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, cause to be transported or sell any fruits, nuts or vegetables in bulk or in any container or subcontainer unless such fruits, nuts and vegetables and their containers conform to the provisions of this chapter.

      Sec. 15.  It is unlawful for any person to prepare, pack, place, deliver for shipment, load, ship, transport or sell a deceptive pack, bulk lot, bulk load, load, arrangement or display of fresh or dried fruits, nuts or vegetables.

      Sec. 16.  It is unlawful for any person to mislabel any fruit, nut or vegetable, or place or have any false or misleading statement or designation of qualify, grade, trade-mark or trade name on any wrapper, container, label or lining of any container of any fresh or dried fruit, nut, vegetable, or on any placard which is used in connection with or which has reference to any fresh or dried fruit, nut, vegetable or container, bulk lot, bulk load, load, arrangement or display of fresh or dried fruits, nuts or vegetables.

      Sec. 17.  It is unlawful for any person to remove or dispose of any fruits, nuts, vegetables or their containers to which any hold order or notice has been affixed or to remove such hold order or notice from the place where it is affixed except under a written permit to do so from an enforcing officer or under his specific direction.

      Sec. 18.  1.  Except as otherwise provided in this chapter, it is unlawful for any person to pack any fruits, nuts or vegetables in layers in any container which has straight sides unless there is approximately the same numerical count in each layer.

      2.  All packed fruits, nuts or vegetables shall be so packed that they will not move in the container. Fruits or vegetables which, after having been in storage or after having been shipped, fail to meet this requirement due to unavoidable natural shrinkage which occurs after packing do not violate the provisions of this section.

      Sec. 19.  It is unlawful for any person to refuse to submit any container, subcontainer, loan or display of fruits, nuts or vegetables to the inspection of any enforcing officer or to refuse to stop any vehicle which contains any fruits, nuts or vegetables for the purpose of inspection by an enforcing officer.

      Sec. 20.  It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport or sell in the State of Nevada any nuts, fresh fruits or vegetables in bulk or in any container or subcontainer unless 90 percent by weight or more of such fruits, nuts or vegetables in bulk or in any container or subcontainer as established by the inspection of a representative sample which are free from insect injury which has penetrated or damaged the edible portion, worms, internal breakdown, mold or decay.


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

ê1971 Statutes of Nevada, Page 1045 (Chapter 505, AB 530)ê

 

of Nevada any nuts, fresh fruits or vegetables in bulk or in any container or subcontainer unless 90 percent by weight or more of such fruits, nuts or vegetables in bulk or in any container or subcontainer as established by the inspection of a representative sample which are free from insect injury which has penetrated or damaged the edible portion, worms, internal breakdown, mold or decay. In addition, not more than 5 percent tolerance shall be allowed for any one defect.

      Sec. 21.  The provisions of sections 12 to 20, inclusive, of this act apply only to those fruits, nuts or vegetables for which specific quality standards are not otherwise established by this chapter or by regulation adopted by the executive director. All nuts, fruits and vegetables when offered for sale shall be mature but not overripe.

 

________

 

 

CHAPTER 506, AB 727

Assembly Bill No. 727–Mr. Getto

CHAPTER 506

AN ACT relating to birth registration, providing for amendment of a birth record after acknowledgment of paternity; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 440 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  In the case of the paternity of a child being established by the mother and father acknowledging paternity of a child by affidavit, the state registrar, upon the receipt of the affidavit, shall prepare a new certificate of birth in the name of the child as shown in the affidavit with no reference to the fact of legitimation.

      2.  The new certificate shall be identical with the certificate registered for the birth of a child born in wedlock.

      3.  The evidence upon which the new certificate was made and the original certificate shall be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.

 

________


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ê1971 Statutes of Nevada, Page 1046ê

 

CHAPTER 507, AB 631

Assembly Bill No. 631–Mr. Smith

CHAPTER 507

AN ACT relating to the General Improvement District Law; concerning the organization, reorganization, powers, limitations thereupon and control of districts governed by such law, the composition of their governing bodies, the qualifications of the members of such governing bodies, their organization and reorganization, and powers and limitations relating to their activities; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 318.055 is hereby amended to read as follows:

      318.055  1.  The organization of a district, except as otherwise provided in this chapter, shall be initiated by the adoption of an ordinance by the board of county commissioners, which ordinance is in this chapter sometimes designated the “initiating ordinance.” No initiating ordinance may be adopted by the board of county commissioners if the proposed district includes lands within 7 miles from the boundary of an incorporated city or unincorporated town unless:

      (a) All members of the board of county commissioners unanimously vote for the organization of a district with boundaries which contravene such 7-mile limitation; or

      (b) A petition for annexation to or inclusion within such incorporated city or unincorporated town of such lands has first been filed with the governing body of such incorporated city or unincorporated town pursuant to law and the governing body thereof has refused to annex or include such lands and has entered the fact of such refusal in its minutes; or

      (c) No part of the area within the district is eligible for inclusion in a petition for such an annexation.

      2.  Except as is otherwise provided in this chapter, a district may be entirely within or entirely without, or partly within and partly without, one or more municipalities or counties, and the district may consist of noncontiguous tracts or parcels of property.

      3.  The initiating ordinance shall set forth:

      (a) The name of the proposed district, consisting of a chosen name preceding the word “District,” or, if the organizational proceedings authorize the district to exercise more than one basic power, the words “General Improvement District.” If a district’s name as provided in the organizational proceedings does not include the words “General Improvement,” and if subsequently any additional basic power is granted to the district pursuant to NRS 318.077, the board of county commissioners may but is not required to redesignate the district with a chosen name preceding the words “General Improvement District.”

      (b) A statement of the basic power or basic powers for which the district is proposed to be created (for instance, by way of illustration, “for paving, curb and gutters, sidewalks, storm drainage and sanitary sewer improvements within the district”). The basic power or basic powers stated in the initiating ordinance shall be any or all of those authorized in NRS 318.116, [to 318.144, inclusive,] as supplemented by the sections of this chapter designated therein, or any part or parts thereof.


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ê1971 Statutes of Nevada, Page 1047 (Chapter 507, AB 631)ê

 

      (c) A statement that the ordinance creating such district will be based on the board’s finding:

             (1) That the public convenience and necessity require the creation of such district; and

             (2) That the creation of such district is economically sound and feasible.

      (d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district.

      (e) The place and time for the hearing on the creation of the district.

      4.  The provisions of subsections 1 and 3 of this section are subject to the exception that any owner of property to be located within a district may petition a board of county commissioners vested with jurisdiction as provided in NRS 318.050 for the organization of the district, subject to the provisions of the Special District Control Law.

      5.  The petition shall set forth:

      (a) The name of the proposed district consisting of a chosen name preceding the word “District,” or, if the district is to exercise more than one basic power, the words “General Improvement District”;

      (b) A statement of the basic purpose or basic purposes which the district may exercise and a general description of any improvements to be constructed or installed for the district, or of any services to be furnished by the district, or of both such improvements and such services;

      (c) The estimated cost of the proposed improvements, if any;

      (d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district; and

      (e) A prayer for the organization of the district.

      6.  The board of county commissioners, in connection with any such petition, may:

      (a) Adopt an initiating ordinance in conformance with the organizational petition, or such an ordinance which conforms only in part with the organizational petition; or

      (b) Adopt a resolution conditionally approving the organizational petition and subject to the submission of additional information relating to, or modification of, the proposed district, as the board of county commissioners may provide.

      7.  The board of county commissioners may determine not to organize the district only as provided in NRS 318.060 to 318.070, inclusive.

      Sec. 2.  NRS 318.077 is hereby amended to read as follows:

      318.077  The board may elect to add basic powers not provided in its formation, in which event the board shall cause proceedings to be had by the board of county commissioners similar, as nearly as may be, to those provided for the formation of the district, and with like effect. The board shall obtain in connection with each such additional basic power a modified service plan for the district in a manner like that provided for an initial service plan required of a petitioner for the organization of a district in the Special District Control Law [.] unless the board of county commissioners is, ex officio, the board of trustees of the district.

      Sec. 3.  NRS 318.080 is hereby amended to read as follows:

      318.080  1.  Except as provided in subsection 3, the board of county commissioners shall, in the ordinance creating the district, appoint five [taxpaying] qualified electors of the district to serve as the first board of trustees of the district and shall specify therein the terms of office to the 1st Monday in January next following the respective election dates provided in NRS 318.095.


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ê1971 Statutes of Nevada, Page 1048 (Chapter 507, AB 631)ê

 

commissioners shall, in the ordinance creating the district, appoint five [taxpaying] qualified electors of the district to serve as the first board of trustees of the district and shall specify therein the terms of office to the 1st Monday in January next following the respective election dates provided in NRS 318.095.

      2.  The members of the board of trustees shall qualify by filing with the county clerk their oaths of office and corporate surety bonds, at the expense of the district, the bonds to be in an amount not more than $10,000 each, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of their duties as trustees. The board of county commissioners may from time to time, upon good cause shown, increase or decrease the amount of the bond.

      3.  The board of county commissioners may appoint as one of the five initial trustees as provided by subsection 1 the district attorney for the county or a deputy district attorney on his staff. Such appointee need not be a [taxpaying] qualified elector of the district, but no such attorney shall be qualified for appointment to fill any vacancy on the board pursuant to NRS 318.090 nor qualified as a candidate for election to the board at any biennial election pursuant to NRS 318.095 unless he is a [taxpaying] qualified elector of the district.

      4.  The board of county commissioners of the county vested with jurisdiction pursuant to NRS 318.050 shall have the power to remove any trustee for cause shown, on petition, hearing and notice thereof by publication and by mail addressed to the trustee.

      Sec. 4.  NRS 318.090 is hereby amended to read as follows:

      318.090  1.  The board shall, by resolution, designate the place where the office or principal place of the district shall be located, which shall be within the corporate limits of the district, and which may be changed by resolution of the board from time to time. Copies of all such resolutions shall be filed with the county clerk or clerks of the county or counties wherein the district is located within 5 days following their adoption. The official records and files of the district shall be kept at the office so established and shall be open to public inspection as provided in NRS 239.010.

      2.  The board of trustees shall meet regularly at least once each year, and at such other time or times at the office or principal place of the district as provided in the bylaws.

      3.  Special meetings may be held on notice to each member of the board as often as, and at such place or places within the district as, the needs of the district require.

      4.  Three members of the board shall constitute a quorum at any meeting.

      5.  Any vacancy on the board shall be filled by a [taxpaying] qualified elector of the district chosen by the remaining members or member of the board, the appointee to act until a successor in office qualifies as a trustee by taking an oath and causing it and a bond to be filed as provided in NRS 318.080 on or after the 1st Monday in January next following the next biennial election, held in accordance with NRS 318.095, at which election the vacancy shall be filled by election if the term of office extends beyond such 1st Monday in January next following the election. Nominations of [taxpaying] qualified electors of the district as candidates to fill such unexpired terms of 2 years may be made the same as nominations for regular terms of 4 years, as provided in NRS 318.095.


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ê1971 Statutes of Nevada, Page 1049 (Chapter 507, AB 631)ê

 

fill such unexpired terms of 2 years may be made the same as nominations for regular terms of 4 years, as provided in NRS 318.095. If the board fails, neglects or refuses to fill any vacancy within 30 days after the same occurs, the board of county commissioners shall fill such vacancy.

      6.  Each term of office of 4 years shall terminate on the 1st Monday in January next following the general election at which a successor in office is elected, as provided in NRS 318.095, and the successor’s term of office shall then commence or as soon thereafter as the successor qualifies as a trustee by taking an oath and causing it and a bond to be filed as provided in NRS 318.080, subject to the provisions in this chapter for initial appointments to a board, for appointments to fill vacancies of unexpired terms, and for the reorganizations of districts under this chapter which were organized under other chapters of NRS.

      Sec. 5.  NRS 318.095 is hereby amended to read as follows:

      318.095  1.  There shall be held in conjunction with the first general election in the county after the creation of the district and in conjunction with every general election thereafter an election to be known as the biennial election of the district.

      2.  At the first biennial election in any district organized or reorganized and operating under this chapter, and each fourth year thereafter, there shall be elected by the qualified electors of the district two [taxpaying] qualified electors as members of the board to serve for terms of 4 years; at the second biennial election and each fourth year thereafter, there shall be so elected three [taxpaying] qualified electors as members of the board to serve for terms of 4 years.

      3.  No later than 60 days before any such election, nominations may be filed with the secretary of the board, who shall, not later than 30 days before any such election, certify such nominations to the county clerk of each county in which the district is located. If a nominee does not withdraw his name before the secretary certifies the nominations to the county clerk, his name shall be placed on the ballot. Nomination is not a prerequisite to election. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the board may direct. The returns of the election shall be certified to and shall be canvassed as provided by the general law concerning elections. The candidates receiving the most votes shall be elected.

      4.  Any new member of the board shall qualify in the same manner as members of the first board qualify.

      Sec. 6.  NRS 318.0951 is hereby amended to read as follows:

      318.0951  1.  Each trustee elected at any biennial election shall be chosen by a plurality of the qualified electors of the district voting on the candidates for the vacancies to be filled.

      2.  If there are two regular terms which end on the 1st Monday in January next following the biennial election, the two [taxpaying] qualified electors receiving the highest and next highest number of votes shall respectively be elected. If there are three regular terms so ending, the three [taxpaying] qualified electors receiving the highest, next highest and third highest number of votes shall respectively be elected.

      3.  If there is a vacancy in an unexpired regular term to be filled at the biennial election, as provided in subsection 5 of NRS 318.090, the candidate who receives the highest number of votes, after there are chosen the successful candidates to fill the vacancies in expired regular terms as provided in subsection 2, shall be elected.


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ê1971 Statutes of Nevada, Page 1050 (Chapter 507, AB 631)ê

 

successful candidates to fill the vacancies in expired regular terms as provided in subsection 2, shall be elected.

      Sec. 7.  NRS 318.0952 is hereby amended to read as follows:

      318.0952  1.  Notwithstanding the provisions of NRS 318.0951, trustees may be elected in the alternate manner hereafter provided in this section from district trustee election areas.

      2.  Within 30 days prior to May 1 of any year in which a general election is to be held in the state, 10 percent or more of the [registered voters of a district] qualified electors of the district voting at the next prior biennial election of the district may file a written petition with the board of county commissioners of the county vested with jurisdiction under NRS 318.050 praying for the creation of district trustee election areas within the district in the manner provided in this section. The petition shall specify with particularity the five district trustee election areas proposed to be created. The description of the proposed district trustee election areas need not be given by metes and bounds or by legal subdivisions, but shall be sufficient to enable a person to ascertain what territory is proposed to be included within a particular district trustee election area. The signatures to the petition need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each paper shall make oath, before an officer competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

      3.  Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of such notice shall be a proper charge against the district fund.

      4.  If, as a result of the public hearing, the board of county commissioners finds that the creation of district trustee election areas within the district is desirable, the board of county commissioners shall, by resolution regularly adopted prior to June 1, divide the district into the district trustee election areas specified in the petition, designate them by number and define their boundaries. The territory comprising each district trustee election area shall be contiguous. One trustee shall be elected from each district trustee election area by a majority of the qualified electors voting on the candidates for any vacancy for such area as provided in subsection 7.

      5.  Prior to June 1 and immediately following the adoption of the resolution creating district trustee election areas within a district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the secretary of the district.

      6.  Upon the creation of district trustee election areas within a district the terms of office of all trustees then in office shall expire on the 1st Monday of January thereafter next following a biennial election. At the biennial election held following the creation of district trustee election areas within a district, district trustees to represent the odd-numbered district trustee election areas shall be elected for terms of 4 years and district trustees to represent the even-numbered district trustee election areas shall be elected for terms of 2 years.


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ê1971 Statutes of Nevada, Page 1051 (Chapter 507, AB 631)ê

 

district trustee election areas shall be elected for terms of 4 years and district trustees to represent the even-numbered district trustee election areas shall be elected for terms of 2 years. Thereafter, at each biennial election, the offices of trustees shall be filled for terms of 4 years in the order in which the terms of office expire.

      7.  Candidates for election as a trustee representing any district trustee election area shall be elected only by those qualified electors of the district residing in the district trustee election area and by such nonresident electors of the district who or whose respective spouses are obligated to pay general (ad valorem) property taxes as an owner or contract purchaser of property located in such district trustee election area. No [taxpaying] qualified elector shall be entitled to vote in more than one district trustee election area at any one time, nor may a nonresident qualified elector of the district change the district trustee election area in connection with which he may vote unless neither he nor his spouse is any longer so obligated to pay taxes on property located therein.

      8.  A candidate for the office of trustee of a district in which district trustee election areas have been created shall be a [taxpaying] qualified elector of the district and shall be a resident of the district trustee election area which he seeks to represent, or, if he is a nonresident of the district, he or his spouse shall be obligated to pay general (ad valorem) property taxes as an owner or contract purchaser of property located in such district trustee election area and is entitled to vote therein.

      9.  District trustee election areas may be altered or abolished in the same manner as herein provided for the creation of district trustee election areas and the election of trustees therefor.

      Sec. 8.  NRS 318.0953 is hereby amended to read as follows:

      318.0953  1.  In every county having a population of 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, notwithstanding the provisions of NRS 318.080 to 318.0952, inclusive, 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.] , except as provided in subsections 2 and 3.

      2.  The board of county commissioners of such a county may be, at its option, ex officio, the board of trustees of any district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing water facilities as provided in NRS 318.144, or, furnishing both water facilities and sanitary sewer facilities as provided in NRS 318.144 and 318.140, respectively, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which:

      (a) Is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter.


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ê1971 Statutes of Nevada, Page 1052 (Chapter 507, AB 631)ê

 

      (b) Is organized or reorganized pursuant to this chapter the boundaries of which include all or a portion of any incorporated city or all or a portion of a water district created by special law.

      3.  The board of county commissioners may exercise such option by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is, ex officio, the board of trustees of the district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district. In the latter case promptly within such 30-day period the county clerk shall cause a copy of the ordinance to be:

      (a) Filed in his office;

      (b) Transmitted to the secretary of the district; and

      (c) Filed in the office of the secretary of state without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

      4.  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,] 318.0952, inclusive:

      (a) The members need not file the oath of office or bond required by NRS 318.080.

      (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 [.] nor of any other county officer appropriately bonded as ex officio a district officer.

      (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.

      (f) The regular place of meeting of the board need not be within the corporate limits of the district but shall be within the corporate limits of the county and shall be the regular meeting place of the board of county commissioners unless the board otherwise provides by resolution.

      (g) The times of regular meetings of the board shall be the same as the times of the regular meetings of the board of county commissioners unless the board otherwise provides by resolution.

      (h) Special meetings may be held on notice to each member of the board as often as, and at such place or places within the county as, the board may determine, unless it otherwise provides by resolution.

      (i) The office or principal place of the district need not be located within the corporate limits of the district and shall be the office of the county clerk unless the board otherwise provides by resolution.


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ê1971 Statutes of Nevada, Page 1053 (Chapter 507, AB 631)ê

 

      Sec. 9.  NRS 318.0954 is hereby amended to read as follows:

      318.0954  1.  The governing body of any district organized or reorganized under and operating as provided in any chapter in Title 25 of NRS, excluding chapters 309, 315 and 318 of NRS, shall be designated a board of trustees and shall reorganize as provided in this section so that after the transitional period the board shall consist of five [taxpaying] qualified electors from time to time chosen as provided in NRS 318.095 and other provisions of this chapter supplemental thereto.

      2.  No existing member of any such governing body shall be required to resign from the board before the termination of his current term of office in the absence of any disqualification as a member of the governing body under such chapter in Title 25 of NRS, excluding chapters 309, 315 and 318 of NRS. If a regular term of office of any member of any such governing body would terminate on other than the 1st Monday of January next following a biennial election in the absence of the adoption of this law, such term shall be extended to and terminate on the 1st Monday in January next following a biennial election and following such date on which such term would have ended.

      3.  If the members of any such governing body at any time number less than five, the number of trustees shall be increased to five by appointment, or by both appointment and election, as provided in NRS 318.090, 318.095 and 318.0951.

      4.  In no event shall any successor trustee be elected or appointed to fill any purported vacancy in any unexpired term or in any regular term which successor will increase the trustees on a board to a number exceeding five nor which will result in less than two regular terms of office or more than three regular terms of office ending on the 1st Monday in January next following any biennial election.

      5.  Nothing in this section shall:

      (a) Prevent the reorganization of a board by division of the district into district trustee election districts pursuant to NRS 318.0952.

      (b) Supersede the provisions of NRS 318.0953.

      Sec. 10.  NRS 318.120 is hereby amended to read as follows:

      318.120  1.  In the case of a district created wholly or in part for acquiring paving, the board shall have the power to grade and regrade and to surface and to resurface streets, alleys and public highways, and parts thereof, within the district, with suitable material, and to acquire street and alley improvements necessary and incidental thereto.

      2.  Such street, alley and public highway improvements may include without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, driveway inlets, curb cuts, curbs, sidewalks, gutters, valley gutters, catch basins, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, artificial lights and lighting equipment, grade separators, traffic separators, traffic-control equipment, offstreet parking facilities and structures, parkways, canals and other water type streets (or any combination thereof).

      Sec. 11.  NRS 318.140 is hereby amended to read as follows:

      318.140  1.  In the case of a district created wholly or in part for acquiring sanitary sewer improvements, the board shall have the power:

      (a) To construct, reconstruct, improve, extend or better the sanitary sewer system or any part thereof, including, without limiting the generality of the foregoing, mains, laterals, wyes, tees, meters and collection, treatment and disposal plants.


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ê1971 Statutes of Nevada, Page 1054 (Chapter 507, AB 631)ê

 

sewer system or any part thereof, including, without limiting the generality of the foregoing, mains, laterals, wyes, tees, meters and collection, treatment and disposal plants.

      (b) To sell any product or byproduct thereof and to acquire the appropriate outlets within or without the district and to extend the sewerlines of the district thereto.

      2.  Notwithstanding any other provision of this chapter, each district exercising the power granted in this section shall be under the jurisdiction of the public service commission of Nevada in regard to rates charged and services and facilities furnished in the same manner as a public utility as defined in NRS 704.020 [.] , except for any district governed by a board of county commissioners acting, ex officio, as the board of trustees of the district.

      Sec. 12.  NRS 318.143 is hereby amended to read as follows:

      318.143  1.  Subject to the provisions of subsection 2, the board may acquire, construct, reconstruct, improve, extend and better lands, works, systems and facilities for recreation.

      2.  If the proposed recreational facilities are situated within 7 miles from the boundary of an incorporated city or unincorporated town, and if the county in which the proposed recreational facilities are situated has adopted a recreation plan pursuant to NRS 278.010 to 278.630, inclusive, the authority conferred by subsection 1 may be exercised only in conformity with such plan.

      3.  Such recreational facilities may include without limitation exposition buildings, museums, skating rinks, other type rinks, fieldhouses, sports arenas, bowling alleys, swimming pools, stadiums, golf courses, tennis courts, squash courts, other courts, ball fields, other athletic fields, tracks, playgrounds, bowling greens, ball parks, public parks, promenades, beaches, marinas, levees, piers, docks, wharves, boat basins, boathouses, harborages, anchorages, gymnasiums, appurtenant shower, locker and other bathhouse facilities, amusement halls, dance halls, concert halls, theaters, auditoriums, aviaries, aquariums, zoological gardens, biological gardens and vivariums (or any combination thereof).

      Sec. 13.  NRS 318.144 is hereby amended to read as follows:

      318.144  1.  The board shall have the power to acquire, construct, reconstruct, improve, extend or better a works, system or facilities for the supply, storage and distribution of water for private and public purposes.

      2.  Notwithstanding any other provision of this chapter, each district exercising the power granted in this section shall be under the jurisdiction of the public service commission of Nevada in regard to rates charged and services and facilities furnished in the same manner as a public utility as defined in NRS 704.020 [.] , except for any district governed by a board of county commissioners acting, ex officio, as the board of trustees of the district.

      Sec. 14.  NRS 318.200 is hereby amended to read as follows:

      318.200  1.  Subject to the provisions of NRS 318.140 and 318.144, the board shall have the power to fix, and from time to time increase or decrease, electric energy, cemetery, swimming pool, other recreational facilities, television, sewer, water, lighting, garbage or refuse rates, tolls


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

ê1971 Statutes of Nevada, Page 1055 (Chapter 507, AB 631)ê

 

or charges (other than special assessments), including but not necessarily limited to service charges and standby service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and to pledge such revenue for the payment of any indebtedness or special obligations of the district.

      2.  Until paid, all rates, tolls or charges shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any such lien is foreclosed the board shall hold a hearing thereon after notice thereof by publication and by registered or certified first class mail, postage prepaid, addressed to the last-known owner at his last-known address according to the records of the district and the real property assessment roll in the county in which the property is located.

      3.  The board shall prescribe and enforce rules and regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.

      4.  The board may provide for the collection of charges. Provisions may be made for, but are not limited to:

      (a) The granting of discounts for prompt payment of bills.

      (b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 year’s charges either from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which such services and facilities are to be used; but in case of nonpayment of all or part of a bill such deposits or prepaid charges shall be applied only insofar as necessary to liquidate the cumulative amount of such charges plus penalties and cost of collection.

      (c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.

      5.  The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty shall not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty it may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. On the 1st day of the calendar month following the date of payment specified in the bill the charge shall become delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. It may provide for collection of the penalties provided for in this section.

      6.  The board may provide that charges for any service shall be collected together with and not separately from the charges for any other service rendered by it, and that all charges shall be billed upon the same bill and collected as one item.

      7.  The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by such person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by any such person, firm or corporation pursuant to any such contract is not paid and if such person, firm or corporation renders any public utility service to the person billed, such person, firm or corporation may discontinue its utility service until such bill is paid, and the contract between the board and such person, firm or corporation may so provide.


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

ê1971 Statutes of Nevada, Page 1056 (Chapter 507, AB 631)ê

 

the person billed, such person, firm or corporation may discontinue its utility service until such bill is paid, and the contract between the board and such person, firm or corporation may so provide.

      8.  As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.

      Sec. 15.  NRS 318.465 is hereby amended to read as follows:

      318.465  Bonds shall be publicly sold to the highest bidder; or if all bids are rejected or if no responsible bids are received, such bonds may be privately sold, [all sales to be conducted in the manner provided by NRS 318.325.] as provided in NRS 350.618 to 350.626, inclusive, as from time to time amended, all sales to be subject to the limitations provided in subsection 3 of NRS 318.325, as so amended. The proceeds of any such sales shall be used to defray all or part of the costs or expenses of such improvements.

      Sec. 16.  NRS 318.155 is hereby repealed.

      Sec. 17.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 508, AB 618

Assembly Bill No. 618–Mrs. Brookman and Mr. Smalley

CHAPTER 508

AN ACT relating to handicapped persons; clarifying the rights of such persons to equal employment opportunities, accommodations and transportation; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 613.330 is hereby amended to read as follows:

      613.330  1.  It is an unlawful employment practice for an employer:

      (a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual’s race, color, religion, sex, physical or visual handicap or national origin; or

      (b) To limit, segregate or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, physical or visual handicap or national origin.

      2.  It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, physical or visual handicap or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, physical or visual handicap or national origin.


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ê1971 Statutes of Nevada, Page 1057 (Chapter 508, AB 618)ê

 

to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, physical or visual handicap or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, physical or visual handicap or national origin.

      3.  It is an unlawful employment practice for a labor organization:

      (a) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, physical or visual handicap or national origin;

      (b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, physical or visual handicap or national origin; or

      (c) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.

      4.  It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of his race, color, religion, sex, physical or visual handicap or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

      5.  It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against the physically or visually handicapped by interfering, directly or indirectly, with the use of an aid or appliance, including guide dogs, by such physically or visually handicapped individual.

      Sec. 2.  NRS 613.350 is hereby amended to read as follows:

      613.350  Notwithstanding any other provision of NRS 613.310 to 613.420, inclusive:

      1.  It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify is membership or to classify or refer for employment any individual, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, physical or visual handicap or national origin in those certain instances where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and

      2.  It is not an unlawful employment practice for an employer to fail or refuse to hire and employ employees, for an employment agency to fail to classify or refer any individual for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any individual for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any individual in any such program, on the basis of his physical or visual handicap in those certain instances where physical or visual condition is a bona fide and relevant occupational qualification necessary to the normal operation of that particular business or enterprise, provided it is shown that the particular physical or visual handicap would prevent proper performance of the work for which the handicapped individual would otherwise have been hired, classified, referred or prepared under a training or retraining program.


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ê1971 Statutes of Nevada, Page 1058 (Chapter 508, AB 618)ê

 

or retraining programs to fail to admit or employ any individual in any such program, on the basis of his physical or visual handicap in those certain instances where physical or visual condition is a bona fide and relevant occupational qualification necessary to the normal operation of that particular business or enterprise, provided it is shown that the particular physical or visual handicap would prevent proper performance of the work for which the handicapped individual would otherwise have been hired, classified, referred or prepared under a training or retraining program.

      3.  It is not an unlawful employment practice for a school, college, university or other education institution or institution of learning to hire and employ employees of a particular religion if such school, college, university or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of such school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion.

      Sec. 3.  NRS 651.050 is hereby amended to read as follows:

      651.050  As used in NRS 651.050 to 651.100, inclusive, unless the context otherwise requires, “place of public accommodation” means:

      1.  Any inn, hotel, motel or other establishment which provides lodging to transient guests, except an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;

      2.  Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, casino or any facility where spirituous or malt liquors are sold, including any such facility located on the premises of any retail establishment;

      3.  Any gasoline station;

      4.  Any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; [and]

      5.  Any establishment or other place to which the public is invited or which is intended for public use; and

      6.  Any establishment physically containing or contained within any of the establishments described in subsections 1 to [4,] 5, inclusive, which holds itself out as serving patrons of such described establishment.

      Sec. 4.  NRS 651.075 is hereby amended to read as follows:

      651.075  No place of public accommodation may:

      1.  Refuse service to a visually handicapped person because he is accompanied by a guide dog; or

      2.  Charge an additional fee for such dog unless the dog requires additional space or service.

Any extra charge shall be reasonable and based on the cost of the extra space and services actually provided. Any arbitrary, capricious, or unreasonable imposition of such extra charge, when additional space or services are not reasonably necessary for the accommodation of a guide dog, is deemed a refusal of service.

      Sec. 5.  NRS 704.143 is hereby amended to read as follows:

      704.143  1.  All visually or physically handicapped persons are entitled to the full and equal enjoyment of the facilities of any common carrier or other means of public conveyance and transportation operating within this state.


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ê1971 Statutes of Nevada, Page 1059 (Chapter 508, AB 618)ê

 

entitled to the full and equal enjoyment of the facilities of any common carrier or other means of public conveyance and transportation operating within this state.

      2.  It is unlawful for any person, firm, partnership or corporation to deny any of the privileges granted by subsection 1.

      3.  It is unlawful for any common carrier or other means of public conveyance or transportation operating within this state, to deny the equal enjoyment of its services and facilities to a physically or visually handicapped person by the arbitrary, capricious or unreasonable interference, direct or indirect, with the use of aids and appliances used by such physically or visually handicapped person for purposes of mobility.

      Sec. 6.  NRS 704.145 is hereby amended to read as follows:

      704.145  No common carrier or other means of public conveyance or transportation operating in this state may:

      1.  Refuse service to a visually handicapped person because he is accompanied by a guide dog; or

      2.  Charge an additional fee for such dog unless the dog requires additional space or service.

Any extra charge shall be reasonable and based on the cost of the extra space or service actually provided. Any arbitrary, capricious, or unreasonable imposition of such extra charge, when additional space or services are not reasonably necessary for the accommodation of a guide dog, is deemed a refusal of service.

 

________

 

 

CHAPTER 509, AB 524

Assembly Bill No. 524–Mr. Capurro

CHAPTER 509

AN ACT relating to trade regulations and practices; prohibiting advertising plans or schemes which involve the purchase or rental of any item as a prerequisite to winning a prize; and providing a penalty.

 

[Approved April 24, 1971]

 

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.  It is unlawful to notify any person by any means, as a part of an advertising plan or scheme, that he has won a prize and that as a condition of receiving such prize he must purchase or rent any item.

      2.  A violation of the provisions of subsection 1 shall be a misdemeanor.

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

 

________


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ê1971 Statutes of Nevada, Page 1060ê

 

CHAPTER 510, SB 648

Senate Bill No. 648–Senator Close

CHAPTER 510

AN ACT relating to crimes against health or safety; prohibiting the mingling of harmful substances in food; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 202.170 is hereby amended to read as follows:

      202.170  Every person who shall willfully mingle poison or any other harmful substance, including, but not limited to, glass or a razor blade, in any food, drink or medicine intended or prepared for the use of a human being, and every person who shall willfully poison any spring, well or reservoir of water, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [6] 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

 

________

 

 

CHAPTER 511, AB 728

Assembly Bill No. 728–Mr. Smith

CHAPTER 511

AN ACT relating to water; providing that effluent discharged from sewage treatment systems is considered as water and subject to appropriation for beneficial use under certain circumstances; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 533.440 is hereby amended to read as follows:

      533.440  1.  All applications for reservoir permits shall be subject to the provisions of NRS 533.325 to 533.435, inclusive, except those sections wherein proof of beneficial use is required to be filed. The person or persons proposing to apply to a beneficial use the water stored in any such reservoir shall file an application for a permit, to be known herein as the secondary permit, in compliance with the provisions of NRS 533.325 to 533.435, inclusive, except that no notice of such application shall be published.

      2.  The application shall refer to the reservoir for a supply of water and shall show by documentary evidence that an agreement has been entered into with the owner of the reservoir for a permanent and sufficient interest in such reservoir to impound enough water for the purpose set forth in the application.

      3.  Effluent discharged from the point of the final treatment from within a sewage collection and treatment system shall be considered water as referred to in chapter 533 of NRS, and shall be subject to appropriation for beneficial use under the reservoir-secondary permit procedure described in this section.


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

ê1971 Statutes of Nevada, Page 1061 (Chapter 511, AB 728)ê

 

described in this section. Nothing in this section shall preclude appropriation in accordance with and subject to the provisions of NRS 533.325 to 533.435, inclusive.

      4.  When beneficial use has been completed and perfected under the secondary permit, and after the holder thereof shall have made proofs of the commencement and completion of his work, and of the application of water to beneficial use, as in the case of other permits, as provided in this chapter, a final certificate of appropriation shall issue as other certificates are issued, except that the certificate shall refer to both the works described in the secondary permit and the reservoir described in the primary permit.

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

 

________

 

 

CHAPTER 512, AB 283

Assembly Bill No. 283–Messrs. Mello, Hilbrecht, Dini, Branch, Dreyer, Schofield, Fry, Valentine, Prince, McKissick, Bryan, Mrs. Brookman, Mr. Smalley, Miss Hawkins, Mr. Capurro, Mrs. Frazzini, Messrs. Ashworth, Lauri, Frank Young, Wilson, Ronzone, Mrs. White, Messrs. Lowman, Smith, Lingenfelter and Swackhamer

CHAPTER 512

AN ACT relating to overtime pay for state officers and employees; prohibiting the payment of overtime pay to and limiting the amount of compensatory time which may be accrued by certain state officers and employees in the unclassified service of the state; providing that credit for overtime worked by certain state employees shall be earned at the rate of time and one-half; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Notwithstanding any other provisions of NRS, no elected or appointed department or division head in the unclassified service, including equivalent positions in the governor’s office (but excluding clerical staff), shall receive overtime pay, or may accumulate more than 10 days of compensatory time.

      Sec. 2.  NRS 284.180 is hereby amended to read as follows:

      284.180  1.  This legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan shall set the official rates applicable to all positions in the classified service, but the establishment of the pay plan shall in no way limit the authority of the legislature relative to budgeted appropriations for salary and wage expenditures.

      2.  Credit for overtime work directed or approved by an agency head or his representative shall be earned at the rate of time and one-half, except for those employees determined by the division to be executive, administrative, professional or supervisory. Executive, administrative, professional and supervisory employees shall earn credit for overtime at their regular straight time rate.


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

ê1971 Statutes of Nevada, Page 1062 (Chapter 512, AB 283)ê

 

their regular straight time rate. Overtime shall be considered time worked in excess of an 8-hour day or a 40-hour week.

      3.  This chapter shall not be construed to supersede or conflict with existing or future contracts of employment dealing with wages, hours and working conditions.

 

________

 

 

CHAPTER 513, SB 649

Senate Bill No. 649–Committee on Finance

CHAPTER 513

AN ACT making an appropriation from the general fund in the state treasury to the Nevada state museum for the purposes of purchasing and transporting locomotives, cars and other rolling stock formerly owned by the Virginia & Truckee Railroad; authorizing and directing the sale of such railroad locomotives, cars and other rolling stock to the Nevada heritage association; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  1.  There is hereby appropriated from the general fund in the state treasury to the Nevada state museum the sum of $100,000 for the only purposes of purchasing locomotives, cars and other rolling stock formerly owned by the Virginia & Truckee Railroad and paying the transportation charges after purchase from the place of purchase to a site in Nevada selected or approved by the board of trustees of the Nevada state museum.

      2.  After acquisition and arrival at the site in Nevada selected or approved by the board of trustees of the Nevada state museum of the locomotives, cars and other rolling stock the board of trustees of the Nevada state museum is authorized and directed to sell such locomotives, cars and other rolling stock to the Nevada heritage association upon receipt of the purchase price and costs of transportation charges paid by the Nevada state museum from the moneys herein appropriated.

      3.  All moneys received by the board of trustees of the Nevada state museum from the Nevada heritage association pursuant to the provisions of subsection 2 shall be deposited to the credit of the general fund in the state treasury.

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

 

________


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ê1971 Statutes of Nevada, Page 1063ê

 

CHAPTER 514, SB 590

Senate Bill No. 590–Senator Swobe

CHAPTER 514

AN ACT making appropriations from the general fund in the state treasury for the purchase of books for the libraries of the University of Nevada, Reno, and the University of Nevada, Las Vegas.

 

[Approved April 24, 1971]

 

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:

      1.  The sum of $687,000 to the University of Nevada, Reno, for the purpose only of purchasing books for the library.

      2.  The sum of $463,000 to the University of Nevada, Las Vegas, for the purpose only of purchasing books for the library.

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

 

________

 

 

CHAPTER 515, SB 566

Senate Bill No. 566–Committee on Federal, State and Local Governments

CHAPTER 515

AN ACT incorporating the City of Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  The charter of the City of Las Vegas is as follows. Each section of the charter shall be deemed to be a section of this act for the purpose of any subsequent amendment.

 

ARTICLE I

 

Incorporation of City; General Powers; Boundaries; Wards and Annexations; City Offices

 

      Section 1.010  Preamble: Legislative intent.

      1.  In order to provide for the orderly government of the City of Las Vegas and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of Las Vegas. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the express purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the charter.


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ê1971 Statutes of Nevada, Page 1064 (Chapter 515, SB 566)ê

 

      2.  Any powers expressly granted by this charter are in addition to any powers granted to a city by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this charter, chapter 265, 266 or 267 of NRS) which are not in conflict with the provisions of this charter apply to the City of Las Vegas.

      Sec. 1.020  Incorporation of city.

      1.  All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 shall constitute a political and corporate body by the name of “City of Las Vegas” and by that name they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.

      2.  Whenever used throughout this charter, “city” means the City of Las Vegas.

      Sec. 1.030  Description of territory.  The territory embraced in the city is that certain land described in the official plat required by NRS 234.250 to be filed with the county recorder and county assessor as such plat is revised from time to time.

      Sec. 1.040  Annexations.  The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to counties having a population of 200,000 or more.

      Sec. 1.050  Elective offices.

      1.  The elective officers of the city consist of:

      (a) A mayor.

      (b) Four commissioners.

      (c) Municipal judges, the number to be determined by the board of commissioners.

      (d) A city attorney.

      2.  Such officers shall be elected as provided by this charter.

      Sec. 1.060  Elective offices: Deputies; employees.  Elective officers may appoint such deputies and employees as they may require, subject to the ratification and approval of the board of commissioners.

      Sec. 1.070  Elective offices: Vacancies.

      1.  A vacancy in the board of commissioners or in the office of mayor, city attorney or municipal judge shall be filled by a majority vote of the members of the board of commissioners, or the remaining members in the case of a vacancy in the board of commissioners, within 30 days after the occurrence of such vacancy. The appointee shall have the same qualifications as are required of the elective official.

      2.  No such appointment shall extend beyond the 1st Monday in July after the next municipal election, at which election the office shall be filled for the remaining unexpired term.

      Sec. 1.080  Mayor and commissioners not to hold other office.

      1.  The mayor and commissioners shall not:

      (a) Hold any other elective office or employment with Clark County or the city, except as provided by law or as a member of a board or commission for which no compensation is received.


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

ê1971 Statutes of Nevada, Page 1065 (Chapter 515, SB 566)ê

 

      (b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the board of commissioners until 1 year after the expiration of the term for which such person was elected.

      2.  Any person holding any office proscribed by subsection 1 shall automatically forfeit his office as mayor commissioner.

      Sec. 1.090  Appointive offices.

      1.  The board of commissioners of the city shall appoint the following officers:

      (a) City manager.

      (b) Five civil service trustees.

      2.  The city manager shall appoint the following officers, subject to ratification by the board of commissioners:

      (a) Director of finance.

      (b) Director of public works.

      (c) Director of parks and recreation.

      (d) Chief of police.

      (e) Fire chief.

      (f) City clerk.

      (g) Such other officers as may be necessary.

      3.  The board of commissioners shall prescribe by ordinance the duties of all appointive officers.

      Sec. 1.100  Appointive officers: Deputies; employees.  Appointive officers may recommend such deputies and employees as they may require, to be appointed by the city manager.

      Sec. 1.110  Appointive officers: Duties; salary.

      1.  All appointive officers of the city, except the city manager and the civil service trustees, shall perform such duties, under the direction of the city manager, as may be designated by the board of commissioners.

      2.  All appointive officers of the city shall receive such salary as may be designated by the board of commissioners.

      Sec. 1.120  Appointive officers; city manager’s direction; performance bonds.

      1.  All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer subject to the direction and supervision of the city manager. With the consent of the board of commissioners, the city manager may serve as the head of two or more departments, offices or agencies or may appoint one person to be head of two or more departments, offices or agencies.

      2.  The board of commissioners may require from all other officers and employees of the city constituted or appointed under this charter, except commissioners, sufficient security for the faithful and honest performance of their respective duties.

      Sec. 1.130  Oath of office.  Every person elected or appointed to fill any office shall subscribe to the official oath as provided by the board of commissioners. Every such person shall swear or affirm that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government.

 


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ê1971 Statutes of Nevada, Page 1066 (Chapter 515, SB 566)ê

 

ARTICLE II

 

Legislative Department

 

      Sec. 2.010  Board of commissioners: Qualifications; election; term of office; salary.

      1.  The legislative power of the city is vested in a board of commissioners consisting of four commissioners and a mayor.

      2.  The mayor and commissioners shall be:

      (a) Registered voters within the city for at least 2 years immediately prior to the year in which the election is held.

      (b) At least 25 years of age.

      (c) Citizens of the United States.

      3.  All commissioners, including the mayor, shall be voted upon by the registered voters of the city at large and shall serve for terms of 4 years.

      4.  The mayor and commissioners shall receive a salary in an amount fixed by the board of commissioners.

      Sec. 2.020  Board of commissioners: Contracts.  Members of the board of commissioners may vote on any lease, contract or other agreement which extends beyond their terms of office.

      Sec. 2.030  Board of commissioners: Discipline of members, other persons; subpena power.

      1.  The board of commissioners may:

      (a) Provide for the punishment of any member for disorderly conduct committed in its presence.

      (b) Order the attendance of witnesses and the production of all papers relating to any business before the board of commissioners.

      2.  If any person ordered to appear before the board of commissioners fails to obey such order:

      (a) The board of commissioners or any member thereof may apply to the clerk of the district court for a subpena commanding the attention of the person before the board of commissioners.

      (b) Such clerk may issue the subpena, and any peace officer may serve it.

      (c) If the person upon whom the subpena is served fails to obey it, the court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.

      Sec. 2.040  Meetings: Quorum.

      1.  The board of commissioners shall hold at least one regular meeting each month, and by ordinance may provide for additional regular meetings.

      2.  A majority of all members of the board of commissioners constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.

      3.  Except as otherwise provided by law, all sessions and all proceedings of the board of commissioners shall be public.

      Sec. 2.050  Meetings: Special.

      1.  Special meetings may be held on call of the mayor or by two members of the board of commissioners, by giving a minimum of 6 hours’ notice of such special meeting to each member of the board of commissioners at his home prior to the meeting.


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ê1971 Statutes of Nevada, Page 1067 (Chapter 515, SB 566)ê

 

notice of such special meeting to each member of the board of commissioners at his home prior to the meeting.

      2.  At a special meeting:

      (a) Unless all members of the board of commissioners are present, no business may be transacted except such as has been stated in the call of the meeting.

      (b) No ordinance may be passed except an emergency ordinance, or one specified in section 7.030.

      Sec. 2.060  Meetings: Time and place; rules.  The board of commissioners may:

      1.  Fix the time and place of its meetings and judge the qualifications and election of its own members.

      2.  Adopt rules for the government of its members and proceedings.

      Sec. 2.070  Oaths and affirmations.  The mayor, each commissioner and the city clerk may administer oaths and affirmations relating to any business pertaining to the city before the board of commissioners or to be considered by the board of commissioners.

      Sec. 2.080  Revocation of work permit; appeal to board of commissioners.  Whenever under the provisions of any city ordinance a person is required to obtain a work permit or identification card from the chief of police or other city officer as a condition of employment in any establishment determined to be privileged by the board of commissioners, and licensed by the city, and such work permit or identification card is revoked or suspended by the chief of police or other city officer, the person aggrieved may appeal therefrom to the board of commissioners.

      Sec. 2.090  Powers of board of commissioners: Ordinances, resolutions and orders.

      1.  The board of commissioners may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.

      2.  When power is conferred upon the board of commissioners to do and perform anything, and the manner of exercising such power is not specifically provided for, the board of commissioners may provide by ordinance the manner and details necessary for the full exercise of such power.

      3.  The board of commissioners may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.

      4.  The board of commissioners shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred generally by statute upon the governing bodies of cities organized under a special charter.

      5.  The board of commissioners shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he is elected or appointed.

      Sec. 2.100  Ordinances: Passage by bill; amendments; subject matter; title requirements.

      1.  No ordinance may be passed except by bill and by a majority vote of the whole board of commissioners.


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ê1971 Statutes of Nevada, Page 1068 (Chapter 515, SB 566)ê

 

of the whole board of commissioners. The style of all ordinances shall be as follows: “The Board of Commissioners of the City of Las Vegas does ordain:”.

      2.  No ordinance shall contain more than one subject, which shall be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.

      3.  Any ordinance which amends an existing ordinance shall set out in full the ordinance or sections thereof to be amended, and shall indicate matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.

      Sec. 2.110  Ordinances: Enactment procedure; emergency ordinances.

      1.  All proposed ordinances when first proposed shall be read to the board of commissioners by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance shall be deposited with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of such deposit shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 1 week prior to the adoption of the ordinance. The board of commissioners shall adopt or reject the ordinance or an amendment thereto, within 30 days from the date of such publication.

      2.  At the next regular meeting or adjourned meeting of the board of commissioners following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the board of commissioners. Thereafter, it shall be read as first introduced, or as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed; but such postponement shall not exceed 30 days from the date of publication as provided in subsection 1.

      3.  In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board of commissioners final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.

      4.  All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published by title, together with the names of the commissioners voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance shall become effective. The board of commissioners may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.

      5.  The city clerk shall record all ordinances in a register kept for that purpose, together with the affidavits of publication by the publisher.

      Sec. 2.120  Codification of ordinances; publication of code.

      1.  The board of commissioners may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of commissioners, have incorporated therein a copy of this charter and such additional data as the board of commissioners may prescribe. When such code is published, two copies shall be filed with the librarian at the Nevada state library, and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.


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ê1971 Statutes of Nevada, Page 1069 (Chapter 515, SB 566)ê

 

filed with the librarian at the Nevada state library, and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.

      2.  The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.

      3.  The codification shall be adopted by an ordinance and may include amendments and additions to existing ordinances and new matters unrelated thereto; and the only title necessary for the ordinance shall be, “An ordinance for codifying and compiling the general ordinances of the City of Las Vegas.”

      4.  The codification may be amended or extended by ordinance.

      Sec. 2.130  Powers of board of commissioners: Public property, buildings.

      1.  The board of commissioners may:

      (a) Control the property of the corporation.

      (b) Erect and maintain all buildings necessary for the use of the city.

      (c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the city, improve and protect such property, and do all other things in relation thereto which natural persons might do.

      2.  The board of commissioners may not, except as otherwise specifically provided by this charter or any other law, mortgage, hypothecate or pledge any property of the city for any purpose.

      Sec. 2.140  Powers of board of commissioners: Eminent domain.  The board of commissioners may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.

      Sec. 2.150  Powers of board of commissioners: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The board of commissioners may:

      (a) Regulate all businesses, trades and professions.

      (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  No person licensed by an agency of the State of Nevada to practice any trade or profession except gaming or the selling of liquor, or any other trade or profession designated by ordinance to be privileged, may be denied a license to conduct his profession or trade, if he complies with regulations established by the board of commissioners. Any such license may be denied, suspended or revoked when such action is deemed necessary by the board of commissioners.

      3.  The board of commissioners may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      Sec. 2.160  Powers of board of commissioners: Police ordinances.

      1.  The board of commissioners may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.

      2.  Any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the city whenever such offense is committed within the city.


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ê1971 Statutes of Nevada, Page 1070 (Chapter 515, SB 566)ê

 

      Sec. 2.170  Powers of board of commissioners: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations.  The board of commissioners may:

      1.  Organize, regulate and maintain a fire department.

      2.  Provide for the appointment of a fire chief and prescribe his duties.

      3.  Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept.

      4.  Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.

      Sec. 2.180  Powers of board of commissioners: Public health; board of health; regulations.  The board of commissioners may:

      1.  Provide for safeguarding public health in the city.

      2.  Create a board of health and prescribe the powers and duties of such board.

      3.  Provide for the enforcement of all regulations and quarantines established by the board of health by imposing adequate penalties for violations thereof.

      Sec. 2.190  Powers of board of commissioners: Treatment of alcoholics and narcotics addicts.  The board of commissioners may provide for the treatment and rehabilitation of alcoholics and narcotics addicts in city facilities or in facilities furnished by individuals or private or public institutions, corporations or associations.

      Sec. 2.200  Powers of board of commissioners: Buildings; construction and maintenance regulations; building and safety codes.  The board of commissioners may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

      2.  Adopt any building or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary.

      Sec. 2.210  Powers of board of commissioners: Zoning and planning.

      1.  The board of commissioners may:

      (a) Divide the city into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within such districts.

      (b) Establish and adopt ordinances and regulations relating to the subdivision of land.

      2.  The board of commissioners shall carry out the provisions of subsection 1 in the manner prescribed by chapter 278 of NRS, as amended from time to time.

      Sec. 2.220  Powers of board of commissioners: Rights-of-way, parks, public buildings and grounds and other public places.  The board of commissioners may:

      1.  Lay out, maintain, alter, improve or vacate all public rights-of-way in the city.

      2.  Regulate the use of public parks, buildings, grounds and rights-of-way and prevent the unlawful use thereof.

      3.  Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.

      4.  Regulate and prevent in all public places:


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ê1971 Statutes of Nevada, Page 1071 (Chapter 515, SB 566)ê

 

      (a) The distribution and exhibition of handbills or signs.

      (b) Any practice tending to annoy persons passing in such public places.

      (c) Public demonstrations and processions.

      5.  Prevent riots or any act tending to promote riots in any public place.

      Sec. 2.230  Powers of board of commissioners: Traffic control.  The board of commissioners may, by ordinance, regulate:

      1.  All vehicular, pedestrian and other traffic within the city and provide generally for the public safety on public streets and rights-of-way.

      2.  The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.

      Sec. 2.240  Powers of board of commissioners: Parking meters; off-street public parking facilities.

      1.  The board of commissioners may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the board of commissioners.

      2.  Except as otherwise provided by this charter, the board of commissioners may acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The board of commissioners may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and a majority of the ballots cast of each color therein, is in favor of the issuance of such bonds, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The board of commissioners may, in such bonds, pledge the on-street parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

      Sec. 2.250  Powers of board of commissioners: Railroads.  The board of commissioners may:

      1.  License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right-of-way.

      2.  Grant franchises to any person or corporation to operate a railroad or streetcar upon public rights-of-way and adjacent property.

      3.  Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right-of-way.

      4.  Condemn rights-of-way for any public purpose across any railroad right-of-way.

      5.  Prescribe the length of time any public right-of-way may be obstructed by trains standing thereon.

      6.  Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.

      Sec. 2.260  Powers of board of commissioners: Nuisances.  The board of commissioners may:

      1.  Determine by ordinance what shall be deemed nuisances.

      2.  Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances.


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ê1971 Statutes of Nevada, Page 1072 (Chapter 515, SB 566)ê

 

      3.  Provide that such expense of removal shall be a lien upon the property upon which the nuisance is located. Such lien shall:

      (a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.

      (b) Be coequal with the latest lien thereon to secure the payment of general taxes.

      (c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

      (d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      4.  Provide any other penalty or punishment of persons responsible for such nuisances.

      Sec. 2.270  Powers of board of commissioners: Animals and poultry.  The board of commissioners may:

      1.  Fix, impose and collect an annual per capita tax on all animals and provide for the capture and disposal of all animals on which the tax is not paid.

      2.  Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.

      3.  Establish a pound.

      4.  Prohibit cruelty to animals.

      Sec. 2.280  Powers of board of commissioners: Abatement of noxious insects, rats and disease-bearing organisms.  The board of commissioners may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the city or in territory outside the city but so situated that such insects, rats and disease-bearing organisms migrate or are carried into the city.

      Sec. 2.290  Powers of board of commissioners: Sanitary sewer facilities.  The board of commissioners may:

      1.  Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.

      2.  Sell any product or byproduct thereof and acquire the appropriate outlets within or without the city and extend the sewerlines thereto.

      3.  Establish sewer fees and provide for the enforcement and collection thereof.

      Sec. 2.300  Powers of board of commissioners: Provision of utilities.  The board of commissioners may:

      1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

      2.  Provide for the construction of any facility necessary for the provision of such utilities.

      3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Clark County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

      (a) Be coequal with the latest lien thereon to secure the payment of general taxes.


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ê1971 Statutes of Nevada, Page 1073 (Chapter 515, SB 566)ê

 

      (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

      (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      Sec. 2.310  Powers of board of commissioners: Cemeteries; acquisition and maintenance.  The board of commissioners may, by any lawful means, acquire and maintain property for public use as a cemetery.

      Sec. 2.320  Powers of board of commissioners: Television franchises.

      1.  The board of commissioners may contract with, authorize or grant a franchise to, any person, company or association to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.

      2.  Any franchise granted shall require a time within which actual construction shall be commenced, time within which distribution of television shall be completed, and posting of a bond in an amount to be set by the board of commissioners to assure compliance therewith.

 

ARTICLE III

 

Executive Department

 

      Sec. 3.010  Mayor: Duties; mayor pro tempore.

      1.  The mayor shall:

      (a) Serve as a member of the board of commissioners and preside over its meetings.

      (b) Be recognized as the chief executive officer of the city government.

      (c) Perform such emergency duties as may be necessary for the general health, welfare and safety of the city.

      (d) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.

      2.  The board of commissioners shall elect one of its members to be mayor pro tempore. Such person shall:

      (a) Hold such office and title, without additional compensation during the term for which he was elected.

      (b) Perform the duties of mayor during the absence or disability of the mayor.

      (c) Act as mayor until the next municipal election if the office of mayor becomes vacant.

      Sec. 3.020  City manager: Duties; salary.

      1.  The city manager shall perform such administrative duties as the board of commissioners may designate. His salary shall be fixed by the board of commissioners.

      2.  The city manager may appoint such clerical and administrative assistants as he may deem necessary.

      Sec. 3.030  City manager: Removal.

      1.  The board of commissioners may remove the city manager from office in accordance with the procedure contained in this section.


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ê1971 Statutes of Nevada, Page 1074 (Chapter 515, SB 566)ê

 

      2.  The board of commissioners shall adopt by affirmative vote of a majority of all its members a preliminary resolution which shall state the reasons for removal and may suspend the city manager from duty for a period not to exceed 15 days. A copy of the resolution shall be delivered promptly to the city manager.

      3.  Within 5 days after a copy of the resolution is delivered to the city manager, he may file with the board of commissioners a written request for a public hearing. The public hearing shall be held at a board of commissioners’ meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the board of commissioners a written reply not later than 5 days before the hearing.

      4.  The board of commissioners may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members, at any time after 5 days from the date when a copy of the preliminary resolution was delivered to the city manager, if he has not requested a public hearing or at any time after the public hearing if he has requested one.

      5.  The city manager shall continue to receive his salary until the effective date of the final resolution of removal. The action of the board of commissioners in suspending or removing the city manager shall not be subject to review by any agency or court.

      Sec. 3.040  City clerk: Duties.  The city clerk shall:

      1.  Keep the corporate seal and all registers and papers belonging to the city.

      2.  Attend all meetings of the board of commissioners 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 of commissioners, the city clerk shall attest the minutes after they have been signed by the mayor.

      3.  Enter upon the minutes the result of the vote of the board of commissioners upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.

      Sec. 3.050  Officials’ performance bonds.  The city clerk, director of finance and city treasurer shall be liable and accountable on their official bonds for the performance of their duties under the provisions of this charter, and the board of commissioners may require from them such additional security as may be necessary from time to time.

      Sec. 3.060  City attorney: Qualifications; duties.

      1.  The city attorney shall be:

      (a) A duly licensed member of the State Bar of Nevada.

      (b) The legal officer of the city and shall perform such duties as may be designated by ordinance.

      (c) At least 25 years of age.

      (d) A citizen of the United States.

      (e) A registered voter within the city for at least 2 years immediately prior to the year in which the election is held.

      2.  The city attorney shall receive a salary in an amount fixed by the board of commissioners.

      Sec. 3.070  County assessor to be ex officio city assessor; duties.

      1.  The county assessor of Clark County shall be ex officio city assessor of the city.


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ê1971 Statutes of Nevada, Page 1075 (Chapter 515, SB 566)ê

 

assessor of the city. The county assessor shall perform such duties for the city for $50 per month as compensation.

      2.  Upon request of the ex officio city assessor, the board of commissioners may appoint and set the salary of a deputy city assessor to perform such duties relative to city assessments as may be deemed necessary.

      Sec. 3.080  Chief of police: Police officers.  The chief of police may, subject to approval of the city manager, appoint and supervise such police officers as may be deemed necessary.

      Sec. 3.090  Director of public works: Qualifications.  The director of public works shall have such qualifications as may be designated by ordinance.

      Sec. 3.100  Department of finance: Director; conduct.

      1.  The board of commissioners may establish a department of finance, the head of which shall be the director of finance. The department of finance may also include such other qualified personnel as the city manager determines are necessary to handle the financial matters of the city properly.

      2.  The director of finance shall:

      (a) Have knowledge of municipal accounting and taxation.

      (b) Have experience in budgeting and financial control.

      (c) Have charge of the administration of the financial affairs of the city.

      (d) Provide a surety bond in an amount fixed by the board of commissioners.

      3.  The board of commissioners may establish by ordinance such rules and regulations as it deems necessary for the proper conduct of the department of finance and its officers and employees.

      Sec. 3.110  Department of finance: Audits.

      1.  The department of finance shall maintain complete records of all fiscal transactions of, and claims against, the city.

      2.  Before payment, all accounts shall be audited and approved by the department of finance. No money shall be paid for any purpose except upon claims approved by the board of commissioners. After approval of claims by the board of commissioners, the city treasurer shall prepare all warrants drawn against the proper account in payment thereof. Warrants so issued shall bear the signatures of the director of finance and city treasurer. Facsimile signatures may be permitted under procedures prescribed by ordinance.

      Sec. 3.120  City treasurer: Duties; salary.

      1.  The director of finance may recommend, subject to approval and appointment by the city manager, a city treasurer at a salary fixed by the board of commissioners.

      2.  The city treasurer shall perform such duties as may be designated by the director of finance.

      Sec. 3.130  City officers: Duties restricted and altered.  The board of commissioners may prescribe by ordinance the powers and duties of all city officers, where such powers and duties have not been established by this charter, and may add to, alter or restrict such powers and duties.

      Sec. 3.140  City officers: Absence from office.  If any appointive officer removes his office from the city, or absents himself therefrom for more than 30 days without leave of the board of commissioners, his office shall be declared vacant by the city manager, and the vacancy filled by appointment as provided in this charter.


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ê1971 Statutes of Nevada, Page 1076 (Chapter 515, SB 566)ê

 

more than 30 days without leave of the board of commissioners, his office shall be declared vacant by the city manager, and the vacancy filled by appointment as provided in this charter.

      Sec. 3.150  City officers: Collection and disposition of moneys.

      1.  All taxes, fines, forfeitures or other moneys collected or recovered by an officer or person pursuant to the provisions of this charter or of any valid ordinance of the city shall be paid by the officer or person collecting or receiving them to the city treasurer, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the board of commissioners.

      2.  The board of commissioners may by proper legal action collect all moneys which are due and unpaid to the city or any office thereof, and the board of commissioners may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.

      Sec. 3.160  Removal of officers.  If any officer is adjudged guilty of any nonfeasance, misfeasance or malfeasance in office, by a court of competent jurisdiction, the board of commissioners may declare the office vacant and fill the vacancy so caused, as provided by law.

 

ARTICLE IV

 

Judicial Department

 

      Sec. 4.010  Municipal court.  There shall be a municipal court of the city, consisting of two or more departments, to which the provisions of chapters 5 and 266 of NRS, relating to municipal courts, as amended from time to time, shall apply.

      Sec. 4.020  Municipal court: Qualifications of municipal judges; salary.

      1.  Each department of the municipal court shall be presided over by a municipal judge, who shall be:

      (a) Not less than 25 years of age.

      (b) A citizen of the United States.

      (c) A registered voter for a continuous 2-year period immediately preceding the year in which he is elected.

      2.  The salary of the municipal judges shall be fixed by the board of commissioners.

      Sec. 4.030  Disposition of fines.  All fines and forfeitures for the violation of ordinances shall be paid into the treasury of the city in the manner to be prescribed by ordinance.

      Sec. 4.040  Additional imprisonment to satisfy fine or forfeiture.  Whenever a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, he shall be confined in the city or county jail, whichever is designated in his sentence of imprisonment, for an additional period of 1 day for each $4 of the amount until such fine or forfeiture is satisfied. He shall not be imprisoned beyond the maximum sentence for the offense for which he is confined.


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

ê1971 Statutes of Nevada, Page 1077 (Chapter 515, SB 566)ê

 

ARTICLE V

 

Elections

 

      Sec. 5.010  Primary municipal elections.

      1.  On the Tuesday after the 1st Monday in May 1975, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for mayor and two offices of commissioner.

      2.  On Tuesday after the 1st Monday in May 1977, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for city attorney, two offices of commissioner and offices of municipal judge.

      3.  The candidates for commissioner to be nominated as provided in subsections 1 and 2 shall be voted for and nominated separately. The offices shall be designated on the ballot by numbering them “1,” “2,” “3” and “4,” with candidates for offices “1” and “3” nominated as provided in subsection 1 and candidates for offices “2” and “4” nominated as provided in subsection 2.

      4.  If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he shall be declared elected and no general election need be held for that office.

      Sec. 5.020  General municipal election.

      1.  A general election shall be held in the city on the 1st Tuesday after the 1st Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time there shall be elected such officers, the offices of which are required next to be filled by election.

      2.  All candidates for elective office shall be voted upon by the registered voters of the city at large. The members of the board of commissioners, including the mayor, shall serve for terms of 4 years.

      Sec. 5.030  Applicability of state election laws; elections under board of commissioners’ control.

      1.  All elections held under this charter shall be governed by the provisions of the election laws of this state, so far as such laws can be made applicable and are not inconsistent herewith.

      2.  The conduct of all municipal elections shall be under the control of the board of commissioners. For the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the board of commissioners shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.

      Sec. 5.040  Qualifications, registration of voters.

      1.  Every person who resides within the city at the time of holding any municipal election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at each municipal election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special city elections, except as otherwise provided in this article.


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

ê1971 Statutes of Nevada, Page 1078 (Chapter 515, SB 566)ê

 

voters in and for the city, is entitled to vote at each municipal election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special city elections, except as otherwise provided in this article.

      2.  Nothing in this charter shall be so construed as to deny or abridge the power of the board of commissioners to provide for supplemental registration.

      Sec. 5.050  Names on ballots.  The full names of all candidates, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates’ legal names is allowed and the nicknames may be printed on the official ballots. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.

      Sec. 5.060  Ballots for ordinances and charter amendments.  An ordinance for charter amendment to be voted on in the city shall be presented for voting by ballot title. The ballot title of a measure any differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: “Shall the above described (ordinance) (amendment) be adopted?” The ballot or voting machine or device shall be so marked as to indicate clearly in what manner the voter may cast his vote, either for or against the ordinance or amendment.

      Sec. 5.070  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list.

      Sec. 5.080  Watchers and challengers.  A candidate is entitled upon written application to the election authorities at least 5 days before the election to appoint two persons to represent him as watchers and challengers at each polling place where voters may cast their ballots for him. A person so appointed has all the rights and privileges prescribed by watchers and challengers under the election laws of this state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.

      Sec. 5.090  Voting machines.  The board of commissioners may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law or regulations of the secretary of state.

      Sec. 5.100  Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.

      1.  The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the board of commissioners.


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

ê1971 Statutes of Nevada, Page 1079 (Chapter 515, SB 566)ê

 

      2.  The board of commissioners shall meet on the first Tuesday after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the board of commissioners.

      3.  The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.

      4.  If any election should result in a tie, the board of commissioners shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.

      Sec. 5.110  Contest of election.  A contested election for any municipal office shall be determined according to the law of the state regulating proceedings in contested elections in political subdivisions.

 

ARTICLE VI

 

Local Improvements

 

      Sec. 6.010  Local improvement law.  The board of commissioners, on behalf of the city in its name, without any election, may from time to time acquire, improve, equip, operate and maintain:

      1.  Curb and gutter projects;

      2.  Drainage projects;

      3.  Off-street parking projects;

      4.  Overpass projects;

      5.  Park projects;

      6.  Sanitary sewer projects;

      7.  Sidewalk projects;

      8.  Storm sewer projects;

      9.  Street projects;

      10.  Underpass projects;

      11.  Water projects; and

      12.  Underground utility and communication lines.

      Sec. 6.020  Local improvement law: Collateral powers.  The board of commissioners on behalf of the city for the purpose of defraying all the costs of acquiring or improving any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapter 271 of NRS, as amended from time to time.

 

ARTICLE VII

 

Local Bonds and Franchises

 

      Sec. 7.010  Debt limit.

      1.  The city shall not incur an indebtedness in excess of 20 percent of the total assessed valuation of the taxable property within the boundaries of the city.


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

ê1971 Statutes of Nevada, Page 1080 (Chapter 515, SB 566)ê

 

      2.  In determining any debt limitation under this section, there shall not be counted as indebtedness:

      (a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.

      (b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the general fund to the city.

      (c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.

      Sec. 7.020  Acquisition, operation of municipal utilities.  The city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

      Sec. 7.030  Borrowing money.

      1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, except for securities issued under section 6.020, as amended from time to time, applies to all securities so issued.

      2.  The board of commissioners shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, and except for securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

      3.  Any property tax levied to pay the principal of or interest on such indebtedness authorized under subsection 2 shall be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive, as from time to time amended.

      4.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the board of commissioners in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.

      Sec. 7.040  Franchises.

      1.  Before granting any franchise the board of commissioners shall first adopt a resolution setting forth fully and in detail the applicant for, purpose and character of, terms and time and conditions of the proposed franchise. Such resolution shall be published in full in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least two publications in the 2 weeks succeeding its adoption.

      2.  On the first regular meeting of the board of commissioners after the expiration of the period of such publication, the board of commissioners shall proceed to pass an ordinance for the granting of the franchise; but such franchise shall be granted only on substantially the same terms and conditions as expressed in the resolution as published.


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

ê1971 Statutes of Nevada, Page 1081 (Chapter 515, SB 566)ê

 

and conditions as expressed in the resolution as published. Otherwise such ordinance shall be void.

 

ARTICLE VIII

 

Revenue

 

      Sec. 8.010  Municipal taxes.

      1.  The board of commissioners shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax upon the assessed value of all real and personal property within the city, except as provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of state and county taxes. Except as provided in this section, the revenue laws of the state shall, in every respect not inconsistent with the provisions of this charter, be applicable to the levying, assessing and collecting of the municipal taxes. The city treasurer may, however, upon approval of the board of county commissioners of Clark County, collect taxes levied for the redemption of bonds provided for in sections 6.010 and 6.020.

      2.  In the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county.

      3.  All forms and blanks used in levying, assessing and collecting the revenues of the state and counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The board of commissioners shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.

      Sec. 8.020  Revenue ordinances.  The board of commissioners shall have full power to pass and enact all ordinances necessary to carry into effect the revenue laws in the city and to enlarge, fix and determine the powers and duties of all officers in relation thereto.

 

ARTICLE IX

 

Civil Service

 

      Sec. 9.010  Civil service.

      1.  There is hereby created a system of civil service, applicable to and governing all employees of the city except persons appointed under section 3.020, any elected officer, and such other positions as designated by the board of commissioners.

      2.  The system of civil service shall be administered by a board composed of five civil service trustees appointed by the board of commissioners for terms of 4 years.


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

ê1971 Statutes of Nevada, Page 1082 (Chapter 515, SB 566)ê

 

      3.  The board shall prepare rules and regulations governing the system of civil service to be adopted by the board of commissioners. Such rules and regulations shall provide for:

      (a) Examination of potential employees.

      (b) Recruitment and placement procedures.

      (c) Classification of positions.

      (d) Procedures for promotion, disciplinary actions and removal of employees.

      (e) Such other matters as the board may deem necessary.

      4.  Copies of the rules and regulations of the system of civil service shall be distributed to all employees of the city.

 

ARTICLE X

 

Miscellaneous Provisions

 

      Sec. 10.010  Severability of provisions.  If any portion of this charter is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this charter. The legislature hereby declares that it would have passed the charter and each portion thereof, irrespective of the portion which may be deemed unconstitutional or otherwise invalid.

      Sec. 10.020  Effect of enactment of charter.

      1.  All rights and property of every kind and description which were vested in the city prior to the enactment of this charter shall be vested in the same municipal corporation on the effective date of this charter. No right or liability, either in favor of or against such corporation existing at the time of becoming incorporated under this charter, and no action or prosecution shall be affected by such change, but it shall stand and progress as if no change had been made.

      2.  Whenever a different remedy is given by this charter, which may properly be made applicable to any right existing at the time of such city so becoming incorporated under this charter, such remedy shall be cumulative to the remedy before provided, and used accordingly.

      3.  All ordinances and resolutions in effect in the city prior to the effective date of this charter shall, unless in conflict with the provisions of this charter, continue in full force and effect until amended or repealed.

      4.  The enactment of this charter shall not effect any change in the legal identity of the city.

      5.  The enactment of this charter shall not be construed to repeal or in any way affect or modify:

      (a) Any special, local or temporary law.

      (b) Any law or ordinance making an appropriation.

      (c) Any ordinance affecting any bond issue or by which any bond issue may have been authorized.

      (d) The running of the statute of limitations in force at the time this charter becomes effective.

      (e) Any bond of any public officer.

      Sec. 2.  Chapter 132, Statutes of Nevada 1911, at page 145, entitled “An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, and all acts amendatory thereof, are hereby repealed.


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

ê1971 Statutes of Nevada, Page 1083 (Chapter 515, SB 566)ê

 

“An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, and all acts amendatory thereof, are hereby repealed.

      Sec. 3.  This act shall become effective on July 1, 1973.

 

________

 

 

CHAPTER 516, SB 330

Senate Bill No. 330–Committee on Finance

CHAPTER 516

AN ACT fixing the state ad valorem tax levies for the 2 fiscal years commencing July 1, 1971, and ending June 30, 1972, and commencing July 1, 1972, and ending June 30, 1973; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  For the fiscal year commencing July 1, 1971, and ending June 30, 1972, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.

      Sec. 2.  For the fiscal year commencing July 1, 1972, and ending June 30, 1973, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.

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

 

________

 

 

CHAPTER 517, AB 794

Assembly Bill No. 794–Messrs. Swallow, Prince, Branch, Dreyer, Schofield and Ronzone

CHAPTER 517

AN ACT relating to occupational diseases; removing certain limitations on receipt of silicosis benefits; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 617.460 is hereby amended to read as follows:

      617.460  1.  Silicosis shall be considered an occupational disease and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.


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

ê1971 Statutes of Nevada, Page 1084 (Chapter 517, AB 794)ê

 

      2.  Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the commission within 1 year after temporary or total disability or within 6 months after death.

      3.  Nothing in this chapter shall entitle an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.

      4.  No compensation shall be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than [4] 3 years in employment in Nevada, some portion of which shall have been after July 1, 1947.

      5.  Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS, and only in the event of such disability or death resulting within 2 years after the last injurious exposure; provided, that:

      (a) In the event of death following continuous total disability commencing within 2 years after the last injurious exposure, the requirement of death within 2 years after the last injurious exposure shall not apply.

      (b) Except as provided in NRS 617.465, 617.466, 617.467, 617.468 and section 8 of Senate Bill No. 479 of the 56th session of the legislature of the State of Nevada, the maximum sum payable, including compensation, medical, nursing and hospital benefits for death or disability due to silicosis shall not exceed $14,250. Compensation shall be payable in sums provided by chapter 616 of NRS. The sum payable to a claimant may be used for any or all of the following items: Compensation, hospital, medical or nursing benefits; except that the amount payable for hospital, medical or nursing benefits shall not exceed $50 per month. The commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment notwithstanding the provisions of NRS 616.620. Payment of benefits and compensation shall be limited to the claimant and his dependents.

 

________

 

 

CHAPTER 518, SB 550

Senate Bill No. 550–Senator Foley

CHAPTER 518

AN ACT relating to the department of state printing; providing new procedures for the reversion of past and future profits realized by such department; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  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.


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

ê1971 Statutes of Nevada, Page 1085 (Chapter 518, SB 550)ê

 

      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 department.

      3.  All expenses for the support of the department, including the salary of the superintendent, shall be paid from the state printing fund.

      4.  [At the end of each fiscal year, the superintendent 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 $175,000, the cash balance of the state printing fund shall revert to the general fund.] Within 6 months after the end of each fiscal year, any profit in excess of $175,000 shall revert to the fund or account from which received in proportion to the amount charged such fund or account during that fiscal year. The profit realized for the biennium shall be determined in accordance with generally accepted accounting principles for intragovernmental service funds.

      Sec. 2.  Notwithstanding the application period of the reversion formula heretofore provided in subsection 4 of NRS 344.090, it is hereby declared to be the intent of the legislature that such formula be deemed to have been in effect as of July 1, 1968.

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

 

________

 

 

CHAPTER 519, SB 531

Senate Bill No. 531–Committee on Finance

CHAPTER 519

AN ACT making an appropriation from the general fund in the state treasury for the support of the Virginia City historic district commission for the fiscal years 1971-1972 and 1972-1973.

 

[Approved April 24, 1971]

 

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 Virginia City historic district commission created pursuant to NRS 384.040:

      1.  For the fiscal year 1971-1972, the sum of $6,000;

      2.  For the fiscal year 1972-1973, the sum of $6,000.

      Sec. 2.  1.  After June 30, 1972, the unexpended balance of the appropriation made by subsection 1 of section 1 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, 1973.

 

 

 


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

ê1971 Statutes of Nevada, Page 1086 (Chapter 519, SB 531)ê

 

      2.  After June 30, 1973, the unexpended balance of the appropriation made by subsection 2 of section 1 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, 1974.

 

________

 

 

CHAPTER 520, SB 427

Senate Bill No. 427–Senator Monroe

CHAPTER 520

AN ACT requiring the attorney general to prosecute actions arising out of the Local School Support Tax Law; and providing other matters properly relating thereto.

 

[Approved April 24, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 374.530 is hereby amended to read as follows:

      374.530  The [district attorney of the county to which a part of the tax is due and payable,] attorney general on behalf of the county, shall prosecute the action, and the provisions of NRS and the Nevada Rules of Civil Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.

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

 

________

 

 

CHAPTER 521, SB 82

Senate Bill No. 82–Senator Monroe

CHAPTER 521

AN ACT creating additional offices of district judge in the second and eighth judicial districts of the State of Nevada; providing for the filling of vacancies created thereby.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 3.010 is hereby amended to read as follows:

      3.010  1.  The state is hereby divided into eight judicial districts, as follows:

      First judicial district.  The counties of Douglas, Churchill, Storey and Lyon, and Carson City, shall constitute the first judicial district.

      Second judicial district.  The county of Washoe shall constitute the second judicial district.

      Third judicial district.  The counties of Eureka and Lander shall constitute the third judicial district.

      Fourth judicial district.  The county of Elko shall constitute the fourth judicial district.


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

ê1971 Statutes of Nevada, Page 1087 (Chapter 521, SB 82)ê

 

      Fifth judicial district.  The counties of Mineral, Esmeralda and Nye shall constitute the fifth judicial district.

      Sixth judicial district.  The counties of Pershing and Humboldt shall constitute the sixth judicial district.

      Seventh judicial district.  The counties of White Pine and Lincoln shall constitute the seventh judicial district.

      Eighth judicial district.  The county of Clark shall constitute the eighth judicial district.

      2.  For each of the judicial districts, except the first, second and eighth judicial districts, there shall be one district judge. For the first judicial district there shall be two district judges. For the second judicial district there shall be [five] six district judges. For the eighth judicial district there shall be [six] nine district judges [.] until July 1, 1972. On and after July 1, 1972, for the eighth judicial district there shall be 10 district judges.

      3.  District judges shall be elected as provided in NRS 3.050. Whenever a vacancy shall occur in the office of any district judge it shall be filled as provided in NRS 3.080.

      Sec. 2.  The governor shall, after the effective date of this act and after July 1, 1972, in the manner provided by law, fill the vacancies which are created in the offices of district judge in the second and eighth judicial districts by the enactment of section 1 of this act.

 

________

 

 

CHAPTER 522, SB 56

Senate Bill No. 56–Senators Close and Walker

CHAPTER 522

AN ACT relating to private investigators, private patrolmen, process servers, polygraph operators, repossessors and canine security handlers and trainers; revising qualifications of applicants; including canine security handlers and trainers among those required to be licensed; restricting exemptions from applicability of the law; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 648 of NRS is hereby amended by adding a new section which shall read as follows:

      “Canine security handler and trainer” means any person who, for compensation, handles and trains canine security and guard animals.

      Sec. 2.  NRS 648.060 is hereby amended to read as follows:

      648.060  No person, unless he is licensed under this chapter, shall:

      1.  Engage in the business of private investigator, private patrolman, process server, polygraph operator, [or] repossessor [;] or canine security handler and trainer; or

      2.  Advertise his business as such, irrespective of the name or title actually used.


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

ê1971 Statutes of Nevada, Page 1088 (Chapter 522, SB 56)ê

 

      Sec. 3.  NRS 648.080 is hereby amended to read as follows:

      648.080  Every application for a license shall state all of the following:

      1.  The full name, age, residence, present and previous occupations of each signatory.

      2.  That each signatory is a citizen of the United States.

      3.  A specific description of the location of the principal place of business of the applicant and the business in which he intends to engage.

      4.  A full set of fingerprints and a recent photograph.

      5.  That the applicant has had [2] the necessary years of experience to qualify prior to an application for a license.

      6.  That the applicant has been a bona fide resident of the State of Nevada for a period of 6 months immediately preceding the filing of the application.

      7.  The classification or classifications of work in which the applicant desires to be licensed.

      8.  If the applicant is a person other than an individual, the full name and residence address of each of its partners, officers, directors and manager, and a certificate of filing of fictitious name.

      9.  Such other facts as may be required by the board to show the good character, competency and integrity of each signatory.

      Sec. 4.  NRS 648.110 is hereby amended to read as follows:

      648.110  1.  Before the board shall grant any license, the applicant shall meet the following requirements:

      (a) Be at least 21 years of age.

      (b) Be a citizen of the United States.

      (c) Be of good moral character and temperate habits.

      (d) Be a resident of the State of Nevada for at least 6 months.

      (e) Have no felony conviction.

      (f) If an applicant for a private investigator’s license, have at least [3] 5 years’ experience as an investigator, or the equivalent thereof, as determined by the board.

      (g) If an applicant for a repossessor’s license, have at least 3 years’ experience as a repossesor, or the equivalent thereof, as determined by the board.

      (h) If an applicant for a private patrolman’s license, have at least 3 years’ experience as a private patrolman, or the equivalent thereof, as determined by the board.

      (i) If an applicant for a process server’s license, have at least 2 years’ experience as a process server, or the equivalent thereof, as determined by the board.

      (j) If an applicant for a polygraph examiner’s license, have at least 2 years’ experience as a polygraph examiner, or the equivalent thereof, as determined by the board.

      (k) If an applicant for a canine security handler’s and trainer’s license, demonstrate to the satisfaction of the board his ability to handle and train security and guard animals.

      (l) Other requirements as determined by the board.

      2.  The board when satisfied from recommendations and investigation that the applicant is of good character, competency and integrity, shall issue and deliver a license to the applicant entitling him to conduct the business for which he is licensed, for the license period which shall end on July 1 next following.


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

ê1971 Statutes of Nevada, Page 1089 (Chapter 522, SB 56)ê

 

issue and deliver a license to the applicant entitling him to conduct the business for which he is licensed, for the license period which shall end on July 1 next following.

      Sec. 5.  NRS 648.130 is hereby amended to read as follows:

      648.130  1.  No license shall be issued under this chapter until the applicant files with the board a surety bond executed by the applicant, with two or more sureties or by a surety company authorized to do business in this state, conditioned for the faithful and honest conduct of the business for which the applicant is licensed. The amount of the required bond for:

      (a) Private investigators and repossessors is $10,000.

      (b) Private patrolmen, process servers, [and] polygraph operators and canine security handlers and trainers is $2,000.

      2.  The bond as to form, execution and sufficiency of the sureties shall by approved by the chairman of the board.

      3.  Every licensee shall maintain on file and in full force and effect the surety bond required by this section. Upon failure to do so, the license of such licensee shall be forthwith suspended until such a bond is placed on file.

      4.  The bond required by this section shall be taken in the name of the people of the State of Nevada, and every person injured by the willful, malicious or wrongful act of the principal may bring an action on the bond in his own name to recover damage suffered by reason of such willful, malicious or wrongful act.

      Sec. 6.  NRS 648.190 is hereby amended to read as follows:

      648.190  This chapter shall not apply:

      1.  To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada [.] , while any such detective or officer is engaged in the performance of his official duties.

      2.  To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while any such officer is engaged in the performance of his official duties, or employed as a repossessor by any bank which is organized under the laws of this state or by a national bank which does a banking business in this state.

      3.  To insurance adjusters licensed pursuant to, or to associate adjusters as defined in, chapter 685 of NRS who are not otherwise engaged in the business of private investigators.

      4.  To any person employed as special agent, detective or private investigator for one employer exclusively in connection with the affairs of that employer.

      5.  To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.

      6.  To a charitable philanthropic society or association duly incorporated under the laws of this state which is organized and maintained for the public good and not for private profit.

      7.  To an attorney at law in performing his duties as such.

      8.  To a collection agency unless engaged in business as a repossessor, licensed by the superintendent of banks, or an employee thereof while acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his assets and of property which the client has an interest in or lien upon.


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

ê1971 Statutes of Nevada, Page 1090 (Chapter 522, SB 56)ê

 

acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his assets and of property which the client has an interest in or lien upon.

      9.  To admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.

      Sec. 7.  NRS 648.210 is hereby amended to read as follows:

      648.210  The violation of any of the provisions of NRS 648.060 to 648.200 [is a gross misdemeanor.] , inclusive:

      1.  For the first violation is a misdemeanor.

      2.  For the second and subsequent violations, a gross misdemeanor.

 

________

 

 

CHAPTER 523, SB 332

Senate Bill No. 332–Committee on Judiciary

CHAPTER 523

AN ACT relating to property taxes; providing that notice of delinquent taxes shall be given in all cases, regardless of the amount of the delinquency; removing a reference to the poll tax; correcting obsolete language; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

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

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

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

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

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

      5.  Such notice shall state:

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

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

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


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

ê1971 Statutes of Nevada, Page 1091 (Chapter 523, SB 332)ê

 

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

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

      (a) At the same time that the tax receiver shall first publish the notice or post the same, as the case may be, he shall send a copy of the notice by first class mail, in the case of each respective property as taxed, to the owner or owners thereof, and also to the person or persons listed as the taxpayer or taxpayers thereon on the tax rolls, at their last-known addresses, if such names and addresses are known. Upon mailing the original notice of delinquency, the tax receiver shall issue his personal affidavit to the board of county commissioners affirming that due notice had been mailed in respect to each parcel. The affidavit shall recite the number of letters mailed, the number of letters returned, and the number of letters finally determined to be undeliverable. Detailed records shall be maintained by the tax receiver in support of his affidavit, in such content as the Nevada tax commission may prescribe, until the period of redemption has expired.

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

      (c) The cost of each such mailing shall be charged to the delinquent taxpayer at the rate of $1 each.

 

________

 

 

CHAPTER 524, SB 616

Senate Bill No. 616–Committee on Taxation

CHAPTER 524

AN ACT relating to motor vehicle fuel taxes; reducing the penalty for delinquent taxes; requiring the payment of interest on delinquent taxes; permitting a delay in the payment of such taxes; lowering the minimum penalty; changing the time for distribution of certain taxes; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 365.340 is hereby amended to read as follows:

      365.340  1.  If the amount of any excise tax for any month is not paid to the state on or before the 25th day of the next month thereafter as prescribed by this chapter, it shall become delinquent at the close of business on that day, and a penalty of 1 percent of such excise tax [must] shall be added thereto for delinquency [;] together with interest at the rate of 1 percent per month or fraction thereof until paid; but in no case shall the penalty be less than [$25] $10 nor more than [$500.]


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

ê1971 Statutes of Nevada, Page 1092 (Chapter 524, SB 616)ê

 

shall be added thereto for delinquency [;] together with interest at the rate of 1 percent per month or fraction thereof until paid; but in no case shall the penalty be less than [$25] $10 nor more than [$500.] $300.

      2.  If such tax is not received on or before the close of business on the last day of the month in which payment is due, a penalty of [10] 5 percent [must] shall be added thereto in addition to the penalty and interest provided for in subsection 1. The dealer or user may have up to 15 additional days to make such payment, if he makes application to the commission and the commission finds good cause for such extension.

      3.  The proceeds from any such penalty assessments so levied shall be allocated proportionately to the state highway fund and the county gas tax funds by the tax commission.

      Sec. 2.  NRS 365.565 is hereby amended to read as follows:

      365.565  The tax derived from motor vehicle fuel used in aircraft shall be distributed, after payment of refund claims as provided in NRS 365.370 and 494.043, in the following manner:

      1.  There shall be transferred to the Civil Air Patrol fund, hereby created in the state treasury, from the state airport fund, for the ensuing fiscal year, a sum not to exceed $30,000 or the total amount in such fund, whichever is lesser. The amount so transferred shall be expended for the support of Nevada Wing 96 of the Civil Air Patrol and shall be in addition to and separate from any legislative appropriations made to the Civil Air Patrol fund for the support of Nevada Wing 96 of the Civil Air Patrol. Moneys in the Civil Air Patrol fund shall be paid out only upon claims certified by the wing commander and the wing executive officer and approved by the state board of examiners, in the same manner as other claims against the state are paid. Moneys in the Civil Air Patrol fund shall be used only by Nevada Wing 96 of the Civil Air Patrol in carrying out its crash, rescue and emergency operations, and organization and training therefor, and in defraying the cost of headquarters rental and purchase, repair and maintenance of emergency and training equipment. No moneys in the Civil Air Patrol fund shall be expended for the purchase of any aircraft.

      2.  There shall be remitted to the county treasurers of the respective counties such portion of the remaining balance in such fund as is proportional to the excise taxes remitted by dealers or users in such county.

      3.  Such distribution shall be made on [July 1, 1966, and on July 1, of each year thereafter.] a monthly basis.

 

________


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

ê1971 Statutes of Nevada, Page 1093ê

 

CHAPTER 525, SB 626

Senate Bill No. 626–Senator Foley

CHAPTER 525

AN ACT relating to juvenile courts; permitting the court to place children under the supervision of public organizations and to impose fines on children; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 62.200 is hereby amended to read as follows:

      62.200  1.  If the court shall find that the child is within the purview of this chapter, it shall so decree and may, by order duly entered, proceed as follows:

      (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court shall determine.

      (b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a family home. In committing a child to a private institution or agency the court shall select one that is licensed by the welfare division of the department of health, welfare and rehabilitation to care for such children, or, if such institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Nevada girls training center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

      (c) Order such medical, psychiatric, psychologic or other care and treatment as the court may deem to be for the best interests of the child, except as herein otherwise provided.

      (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct or neglect which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

      (e) Place the child, when he is not in school, under the supervision of a public organization to work on public projects. The person under whose supervision the child is placed shall keep such child busy and well supervised and shall make such reports to the court as it may require.

      2.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

      3.  No adjudication by the court upon the status of any child shall operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080. This disposition of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment; nor shall the name (except as otherwise provided in this subsection) or race of any such child in connection with any proceedings under this chapter be published in or broadcasted or aired by any news medium without a written order of the court.


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

ê1971 Statutes of Nevada, Page 1094 (Chapter 525, SB 626)ê

 

otherwise provided in this subsection) or race of any such child in connection with any proceedings under this chapter be published in or broadcasted or aired by any news medium without a written order of the court. The name of a child may be published, broadcasted or aired at any time in connection with any proceeding under this chapter only if there have been two previous adjudications that the child has committed offenses which would be felonies if committed by an adult.

      4.  Whenever the court shall commit a child to any institution or agency it shall transmit at the time the child is received at the institution or prior thereto a summary of its information concerning the child. The institution or agency shall give to the court such information concerning such child as the court may at any time require.

 

________

 

 

CHAPTER 526, AB 669

Assembly Bill No. 669–Committee on Government Affairs

CHAPTER 526

AN ACT relating to the commission on crimes, delinquency and corrections; creating thereunder a department of law enforcement assistance and divisions; defining duties; establishing funds; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 216 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2.  “Department” means the department of law enforcement assistance.

      Sec. 3.  “Director” means the director of the commission on crimes, delinquency and corrections.

      Sec. 4.  1.  The department of law enforcement assistance is hereby created.

      2.  The department shall consist of a director and the following divisions:

      (a) Planning and training division.

      (b) Identification and communication division.

      (c) Investigation and narcotics division.

      Sec. 5.  The director of the commission on crimes, delinquency and corrections shall serve as the director of the department of law enforcement assistance.

      Sec. 6.  The chief of each division shall:

      1.  Possess the qualifications as prescribed by the director and approved by the commission.

      2.  Be in the classified service of the state pursuant to chapter 284 of NRS.

      3.  Administer the provisions of law relating to his division, subject to the administrative direction of the director.


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

ê1971 Statutes of Nevada, Page 1095 (Chapter 526, AB 669)ê

 

      Sec. 7.  The chief of the planning and training division shall:

      1.  Develop a comprehensive, statewide plan for the improvement of law enforcement throughout the state, which shall be submitted to the director and the commission for approval.

      2.  Define, develop and correlate programs and projects for the state and political subdivisions within the state or for this state and other states for improvement in law enforcement, and carry out the recommendations of the peace officers’ standards and training committee.

      3.  Establish priorities for improvement in law enforcement throughout the state.

      4.  Provide for the administration of grants under the Crime Control Act under guidelines set forth by the director.

      5.  Do all things necessary to enable the department to perform properly its duties, including, but not limited to, seeking the cooperation of local units of government and state agencies, boards and commissions relative to criminal justice recruitment and training.

      Sec. 8.  The chief of the identification and communications division shall:

      1.  Provide for a system of collecting all photographs, fingerprints, descriptions, measurements of and information on all persons who have been convicted of a felony, and all well-known and habitual criminals, and such other persons as may be arrested for or charged with the commission of a crime.

      2.  Furnish, upon application, to all peace officers of the state, other states, the United States, and territories or possessions of the United States, or to peace officers of other countries duly authorized to receive it, all information pertaining to the identification of any person, a plate, photograph, description, measurement or any data of which person there is a record in the division.

      3.  Acquire, within the limits of legislative appropriations, a communications system for the identification, investigation and apprehension of criminals.

      4.  Purchase or cause to be purchased or acquired the necessary furniture, fixtures, apparatus, appliances and equipment for:

      (a) The collection, filing and preservation of all records, fingerprints, photographs, descriptions and modus operandi, both as to identification and investigation of criminals and of stolen, lost, found, purchased and pawned property;

      (b) The examination of questioned documents and latent fingerprints; and

      (c) The establishment of division laboratories in which the examination, analysis and testing of physical evidence and other materials may be conducted.

      5.  Provide for an adequate filing system, and file all plates, photographs, fingerprints, measurements, descriptions, crime investigation reports, bulletins, lost, stolen and pawned property reports, modus operandi information and other pertinent information received or procured.

      6.  Make or cause to be made a complete and systematic record and index system, which will provide a convenient method of consultation and comparison.


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

ê1971 Statutes of Nevada, Page 1096 (Chapter 526, AB 669)ê

 

      7.  Utilize, whenever possible, existing state or local facilities including but not limited to data processing resources and records depositories.

      8.  When requested by the commission, require each chief of police, sheriff, coroner, district attorney, city attorney, probation officer, the department of health, welfare and rehabilitation, the state board of parole commissioners, the state board of pardons commissioners, the board of state prison commissioners, the supreme court, district courts, justices’ courts, municipal courts, and every other person or agency dealing with crimes or criminals or with delinquency or delinquents, to:

      (a) Install and maintain records needed for the correct reporting of statistical data required by the commission.

      (b) Report statistical data to the commission, at such times and in such manner as the commission prescribes.

      (c) Give the commission or its agents access to statistical data for the purposes of carrying out the provisions of this chapter.

      Sec. 9.  The chief of the investigation and narcotics division shall:

      1.  Furnish criminal investigative services, including the interrogation of persons by use of polygraph, upon the request of the attorney general or any sheriff, chief of police or district attorney of the State of Nevada.

      2.  Promote and operate programs to disseminate information to the people of this state concerning the dangers of narcotic and dangerous drug use.

      3.  Provide, in cooperation with the chief of the identification and communications division, a system of recording all information received by the division relating to persons who have alleged connections with organized crime or have some connection with the violations of narcotic or dangerous drug laws.

      4.  Arrange for the purchase of narcotic and dangerous drugs when such purchase is necessary in the investigation of offenses concerning such drugs.

      5.  Procure from district and city attorneys, the warden of the state prison, the superintendents of juvenile detention facilities, the chief administrative officers of hospitals and institutions for the care of the mentally ill, from juvenile probation officers and from every sheriff and chief of police and from any other reliable source information concerning violators of narcotic or dangerous drug laws and their character, background, probable motivations, circumstances of arrest, modus operandi and other pertinent information.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  The chief of the investigation and narcotics division may fix reasonable fees for the sale of miscellaneous printed materials pertaining to narcotic and dangerous drugs which are purchased or prepared by the investigation and narcotics division.

      Sec. 12.  1.  The investigation and narcotics receipts fund is hereby created in the state treasury for the use of the investigation and narcotics division.

      2.  All fees and moneys received by such division under section 11 of this act shall be deposited in such fund.

      3.  All moneys in such fund shall be paid out on claims approved by the director as other claims against the state are paid.


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

ê1971 Statutes of Nevada, Page 1097 (Chapter 526, AB 669)ê

 

      Sec. 13.  1.  There is hereby created the investigative fund in the state treasury.

      2.  The director may, from time to time, withdraw from such fund such sums as he determines necessary to assist local law enforcement agencies or the investigative and narcotics division in the purchase of narcotic or dangerous drugs for evidence and in the employment of persons other than peace officers to obtain evidence. The director may keep such sums in a bank account or in cash.

      3.  Upon the written request of the director for the withdrawal of any such sum, the state controller is directed to draw his warrant in favor of the director in an amount not to exceed the legislative appropriation or any limitations set on such appropriation by the legislature.

      Sec. 14.  For the purposes of the administration of NRS 216.085 to 216.125, inclusive, and the provisions of this chapter, the director, division chiefs, investigators, agents and other sworn personnel are invested with the powers of a peace officer of the State of Nevada. The provisions of this subsection shall not constitute such individuals as police officers for the purposes of NRS 286.510.

      Sec. 15.  NRS 216.085 is hereby amended to read as follows:

      216.085  1.  There is hereby created as an independent agency within the executive department of this state the commission on crimes, delinquency and corrections.

      2.  The purposes of the commission are:

      (a) To develop a comprehensive statewide plan for the improvement of law enforcement throughout the state;

      (b) To define, develop [and] , correlate and administer programs and projects for the state and units of general local government in the state or for any combination of the state and units of general local government for improvement in law enforcement; [and]

      (c) To establish priorities for the improvement of law enforcement throughout the state [.] ; and

      (d) To provide for the general direction and operation of the department of law enforcement assistance and to delegate to the director such authority as the commission deems necessary to carry out the provisions of sections 2 to 14, inclusive, of this act.

      Sec. 16.  NRS 216.115 is hereby amended to read as follows:

      216.115  The commission shall be administered by a director, who shall:

      1.  Be appointed by and responsible to the governor.

      2.  Serve at the pleasure of the governor.

      3.  Be in the unclassified service of the State of Nevada under chapter 284 of NRS.

      4.  Receive an annual salary in the amount specified by statute.

      Sec. 17.  NRS 216.125 is hereby amended to read as follows:

      216.125  The director has the following powers:

      1.  To call and conduct any meetings which may be necessary for the administration of the commission.

      2.  To appoint within the limits of legislative appropriations and pursuant to chapter 284 of NRS any necessary personnel [.] for the commission or the department.


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

ê1971 Statutes of Nevada, Page 1098 (Chapter 526, AB 669)ê

 

      3.  To do all things necessary for the proper performance of the functions of the commission and administration of NRS 216.085 to 216.125, inclusive [.] , and sections 2 to 14, inclusive, of this act

      4.  To appoint, with the consent of the commission, a chief of each of the divisions in the department.

      5.  To develop qualifications for the positions of division chief for approval by the commission and submission to the personnel division of the department of administration for implementation.

      Sec. 18.  NRS 213.161, 213.162, 213.163, 213.164, 213.165, 213.1651, 213.1652, 213.1653, 213.1654, 213.1655, 213.1656, 213.1657, 213.1658 are hereby repealed.

      Sec. 19.  1.  The narcotic and dangerous drug division of the department of parole and probation as presently staffed and equipped is hereby transferred from the department of parole and probation to the department of law enforcement assistance and shall constitute the investigation and narcotics division of the department of law enforcement assistance.

      2.  The administrator of the narcotics and dangerous drug division of the department of parole and probation shall be the initial chief of the investigation and narcotics division of the department of law enforcement assistance.

 

________

 

 

CHAPTER 527, SB 318

Senate Bill No. 318–Committee on Education

CHAPTER 527

AN ACT making appropriations from the general fund in the state treasury to the University of Nevada System for the purposes of purchasing equipment.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury to:

      1.  The University of Nevada, Reno, the sum of $250,000 for the purpose of purchasing equipment.

      2.  The University of Nevada, Las Vegas, the sum of $250,000 for the purpose of purchasing equipment.

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

 

________


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

ê1971 Statutes of Nevada, Page 1099ê

 

CHAPTER 528, SB 271

Senate Bill No. 271–Senators Pozzi and Swobe

CHAPTER 528

AN ACT including athletic teams of the community college division of the University of Nevada System as employees covered by Nevada industrial insurance.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  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, Reno, and at the University of Nevada, Las Vegas, and athletic teams of the community college division of the University of Nevada System 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. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 529, SB 188

Senate Bill No. 188–Committee on Finance

CHAPTER 529

AN ACT making an appropriation from the general fund in the state treasury to the state department of education for the purpose of providing financial assistance to county school districts.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  1.  There is hereby appropriated from the general fund in the state treasury to the state department of education the sum of $4,000,000.

      2.  The moneys appropriated by subsection 1 shall be distributed by the state department of education to county school districts pursuant to rules and regulations adopted by the state board of education recognizing the pupil growth in school districts over the past years and average daily attendance of pupils. Such appropriated moneys may in addition to other necessary items, be expended by recipient school districts for nonrecurring capital outlay, educational projects, the lease or purchase of school buses, repayment of emergency loans, the construction of lunchroom facilities, acquisition of library books, classroom construction and special teaching aids.


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

ê1971 Statutes of Nevada, Page 1100 (Chapter 529, SB 188)ê

 

acquisition of library books, classroom construction and special teaching aids.

      Sec. 2.  Any unexpended balance remaining on June 30, 1973, of the moneys appropriated by section 1 shall revert to the general fund in the state treasury.

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

 

________

 

 

CHAPTER 530, SB 185

Senate Bill No. 185–Committee on Judiciary

CHAPTER 530

AN ACT eliminating the requirement of corporate seals or stamps on corporate documents; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 78.065 is hereby amended to read as follows:

      78.065  1.  Every corporation, by virtue of its existence as such, shall have power to adopt and use a common seal or stamp, and alter the same at pleasure. [The mark of such a stamp shall have the same legal effect as the impression of the seal.

      2.  The seal or stamp of a corporation shall contain its name and year when incorporated, which year shall be that of the issuance of the certificate by the secretary of state, as required by this chapter. A departure from this provision shall not invalidate any corporate act otherwise valid, and the impression of the corporate seal on paper without wax or adhesive substance shall be a valid seal.]

      2.  The use of a seal or stamp by a corporation on any corporate documents is not necessary. The corporation may use a seal or stamp, if it desires, but such use or nonuse shall not in any way affect the legality of the document.

      Sec. 2.  NRS 78.125 is hereby amended to read as follows:

      78.125  1.  Unless it shall be otherwise provided in the certificate or articles of incorporation, or an amendment thereof, the board of directors may, by resolution or resolutions passed by a majority of the whole board, designate one or more committees, each committee to consist of one or more of the directors of the corporation, which, to the extent provided in the resolution or resolutions or in the bylaws of the corporation, shall have and may exercise the powers of the board of directors in the management of the business and affairs of the corporation, and may have power to authorize the seal of the corporation to be affixed to all papers [which may require it.] on which the corporation desires to place a seal.

      2.  Such committee or committees shall have such name or names as may be stated in the bylaws of the corporation or as may be determined from time to time by resolution adopted by the board of directors.


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ê1971 Statutes of Nevada, Page 1101 (Chapter 530, SB 185)ê

 

      Sec. 3.  NRS 78.390 is hereby amended to read as follows:

      78.390  1.  Every amendment adopted pursuant to the provisions of NRS 78.385 shall be made and effected in the following manner:

      (a) The board of directors shall adopt a resolution setting forth the amendment proposed, declaring its advisability and call a meeting, either annual or special, of the stockholders entitled to vote for the consideration thereof.

      (b) At such meeting, of which notice shall be given to each stockholder entitled to vote pursuant to the provisions of this section, in the manner provided in NRS 78.370, a vote of the stockholders entitled to vote in person or by proxy shall be taken for and against the proposed amendment. If it appears upon the canvassing of the votes that stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power (or such greater proportion of the outstanding shares as may be required in the case of a vote by classes or series, as hereinafter provided, or as may be required by the provisions of the certificate or articles of incorporation, or an amendment thereof) have voted in favor of the amendment, thereupon the corporation shall make, [under its corporate seal, and] by the hands of its president, or vice president, and secretary, or assistant secretary, a certificate accordingly, setting forth such amendment, or setting forth the certificate or articles of incorporation as amended, and the vote by which such amendment was adopted, and the president, or vice president, and secretary, or assistant secretary, shall duly execute and acknowledge such certificate before an officer authorized by the laws of this state to take acknowledgments of deeds.

      (c) The certificate so executed and acknowledged, shall be filed in the office of the secretary of state and upon filing the same the articles of incorporation shall be deemed to be amended accordingly. A copy of the certificate, duly certified by the secretary of state, shall be filed in the office of the county clerk of the county wherein the corporation maintains its principal office.

      2.  If any proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then such amendment must be approved by the vote, in addition to the affirmative vote herein otherwise required, of the holders of a majority of the outstanding shares of each class or series so affected by the amendment regardless of limitations or restrictions on the voting power thereof.

      3.  It shall be lawful to make provision in the certificate or articles of incorporation, or an amendment thereof, requiring, in the case of any specified amendments, a larger vote of stockholders than that required by the foregoing provisions of this section.

      4.  Different series of the same class of shares shall not be deemed to constitute different classes of shares for the purpose of voting by classes except when such series is adversely affected by an amendment in a different manner than other series of the same class.

      Sec. 4.  NRS 78.415 is hereby amended to read as follows:

      78.415.  1.  Any reduction of capital, except a reduction effected by the redemption, purchase, retirement or conversion of shares subject to redemption, purchase or retirement, or entitled to conversion rights, may be authorized only by resolution of the board of directors approved by the vote or written consent of the holders of a majority of the outstanding shares regardless of limitations or restrictions on votings rights; provided:

 


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ê1971 Statutes of Nevada, Page 1102 (Chapter 530, SB 185)ê

 

redemption, purchase or retirement, or entitled to conversion rights, may be authorized only by resolution of the board of directors approved by the vote or written consent of the holders of a majority of the outstanding shares regardless of limitations or restrictions on votings rights; provided:

      (a) That if any such proposed reduction would adversely affect any class or series of outstanding shares, then such reduction must also be approved by the vote or written consent of the holders of a majority of the outstanding shares of each class or series so affected by such amendment regardless of limitations or restrictions on the voting power thereof; and

      (b) That it shall be lawful to make provision in the certificate or articles of incorporation, or an amendment thereof, requiring a larger vote of stockholders than that required by the foregoing provisions of this section.

      2.  Different series of the same class of shares shall not be deemed to constitute different classes or shares for the purpose of voting by classes except when such series is adversely affected by an amendment in a different manner than other series of the same class.

      3.  The resolution shall set forth the amount of reduction of capital and the method by which outstanding shares shall be adjusted to the new capital, if any such adjustment is necessary. Unless otherwise provided in the resolutions authorizing the reduction of capital and the adjustment of shares, or in the certificate of incorporation, no action taken by any corporation under the provisions of this section shall operate as a reduction of the number of shares of the corporation which the corporation is authorized to have outstanding, and other shares may be issued in lieu of shares so purchased, redeemed or retired; provided:

      (a) That the maximum number of shares authorized in the certificate of incorporation as then amended shall not be exceeded; and

      (b) That the issuance of the shares shall be subject in all respects to the provisions of NRS 78.210 and 78.215.

      4.  A certificate setting forth the resolution and stating its adoption by the board of directors and approval by the stockholders shall be made [under the seal of the corporation,] and shall be signed by the president or a vice president and the secretary or an assistant secretary, and shall be acknowledged before an officer authorized by the laws of this state to take acknowledgments of deeds.

      5.  The certificate so executed and acknowledged shall be filed in the office of the secretary of state and upon such filing the capital of the corporation shall thereby be so reduced, and to the extent that any such reduction in capital affects the amendment of the articles of incorporation, the same shall be deemed to be amended accordingly. A copy of the certificate, duly certified by the secretary of state, shall be filed in the office of the county clerk of the county wherein the corporation maintains its principal office.

      Sec. 5.  NRS 78.440 is hereby amended to read as follows:

      78.440  1.  If the capital of a corporation is reduced in any manner permitted by law, and a surplus results from such reduction, assets in any amount not exceeding the amount of the reduction surplus may, in any lawful manner and at any time and from time to time, be distributed among the stockholders or applied to the redemption or purchase of outstanding shares, in each case, having due regard to the relative rights and priorities of the various classes of shares if more than one class be outstanding and subject to any limitations in the articles of incorporation.


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ê1971 Statutes of Nevada, Page 1103 (Chapter 530, SB 185)ê

 

any lawful manner and at any time and from time to time, be distributed among the stockholders or applied to the redemption or purchase of outstanding shares, in each case, having due regard to the relative rights and priorities of the various classes of shares if more than one class be outstanding and subject to any limitations in the articles of incorporation.

      2.  No distribution or application of any reduction surplus shall be made under the authority of this section, unless:

      (a) The board of directors determines that by such distribution or application the corporation will not be rendered unable to satisfy its debts and liabilities when they fall due and that the assets of the corporation after such distribution or application taken at their fair present value will at least equal its debts and liabilities, the payment of which is not otherwise provided for. No director shall be liable to the corporation or any creditor or stockholder of the corporation for any determination made under this section if he acted in good faith and with reasonable care.

      (b) At least 14 days before any distribution or application of any reduction surplus, the corporation shall file a certificate in the office of the secretary of state and a copy of the certificate, duly certified by the secretary of state, in the office of the county clerk of the county wherein the corporation maintains its principal office.

      (c) The certificates shall be made by the corporation [under its corporate seal] and shall be signed and acknowledged before an officer authorized by the laws of this state to take acknowledgments of deeds by its president or a vice president and its secretary or an assistant secretary.

      (d) The certificate shall:

             (1) State that the capital has been reduced.

             (2) Specify the amounts from which and to which it has been reduced.

             (3) Specify the estimated amount of its debts and liabilities and any provision which has been made for the payment thereof.

             (4) Specify the estimated fair present value of its assets.

             (5) Specify the amount of the reduction surplus, and the amount proposed to be so distributed or applied.

             (6) State that the board of directors has determined that by the proposed distribution or application of such reduction surplus the corporation will not be rendered unable to satisfy its debts and liabilities when they fall due.

             (7) State that the assets of the corporation remaining after such distribution or application taken at their fair present value will at least equal any of its debts and liabilities, the payment of which is not otherwise provided for.

      Sec. 6.  NRS 78.455 is hereby amended to read as follows:

      78.455  The directors, or a majority of them, of each of such corporations as desire to merge or consolidate, may enter into an agreement signed by them, [and under the corporate seals of the respective corporations,] prescribing the terms and conditions of merger or consolidation, the mode of carrying the merger or consolidation into effect, and the manner and basis of causing the shares of each of the constituent corporations to constitute or to be converted into shares (whether the same of a different number or class or classes or kind or kinds of shares) of the surviving or consolidated corporation, with such other details and provisions as are deemed necessary or desirable.


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ê1971 Statutes of Nevada, Page 1104 (Chapter 530, SB 185)ê

 

of a different number or class or classes or kind or kinds of shares) of the surviving or consolidated corporation, with such other details and provisions as are deemed necessary or desirable.

      Sec. 7.  NRS 78.470 is hereby amended to read as follows:

      78.470  1.  The agreement shall be submitted to the stockholders of each constituent corporation at a meeting thereof, called for the purpose of considering and taking action upon the agreement. Notice of the time, place and object of each meeting shall be given in the manner required by NRS 78.370 to each stockholder of each of the constituent corporations.

      2.  At each meeting the agreement shall be considered and a vote by ballot, in person or by proxy, taken for the adoption or rejection of the agreement; and if the votes of stockholders of each constituent corporation representing not less than a majority of each class of the issued and outstanding shares of each constituent corporation, even though their right to vote be otherwise restricted or denied, shall be for the adoption of the agreement, then that fact shall be set forth in a certificate attached to the agreement by the secretary or assistant secretary of each constituent corporation. [, under the corporate seal thereof.]

      3.  The agreement so adopted and certified shall be signed by the president or vice president, and the secretary or assistant secretary, of each constituent corporation, [under the corporate seal thereof,] and acknowledged by the president or vice president of each constituent corporation, before any officer authorized by the laws of this state to take acknowledgments of deeds, to be the respective act, deed and agreement of each constituent corporation.

      4.  The agreement so certified and acknowledged shall be filed in the office of the secretary of state, and shall thence be taken and deemed to be the agreement and act of merger or consolidation of the constituent corporations.

      5.  A certified copy thereof shall be prima facie evidence of the performance of all conditions precedent to such merger or consolidation and of the continued existence of the surviving corporation or of the creation and existence of the consolidated corporation.

      6.  It shall be lawful to make provision in the certificate or articles of incorporation of any corporation, organized under the laws of this state, requiring a larger vote of stockholders for the approval of a merger or consolidation agreement than the vote required by the foregoing provisions of this section.

      7.  Different series of the same class of shares shall not be deemed to constitute different classes of shares for the purpose of voting by classes.

      Sec. 8.  NRS 78.486 is hereby amended to read as follows:

      78.486  1.  If at least 90 percent of the outstanding shares of each class of the stock of a corporation or corporations is owned by another corporation, and one of such corporations is a corporation of this state and the other or others are corporations of this state or are organized under the laws of a jurisdiction whose laws permit such a merger, whether or not such jurisdiction is one of the United States of America, the corporation having such stock ownership may either merge such other corporation or corporations into itself and assume all of its or their obligations, or merge itself, or itself and one or more of such other corporations, into one of such other corporations by filing with the secretary of state a certificate of such ownership and merger, setting forth a copy of the resolution of its board of directors so to merge and the date of the adoption thereof.


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ê1971 Statutes of Nevada, Page 1105 (Chapter 530, SB 185)ê

 

corporation or corporations into itself and assume all of its or their obligations, or merge itself, or itself and one or more of such other corporations, into one of such other corporations by filing with the secretary of state a certificate of such ownership and merger, setting forth a copy of the resolution of its board of directors so to merge and the date of the adoption thereof. The certificate shall be [executed under the corporate seal of the parent corporation,] signed by its president or a vice president and its secretary or treasurer, and acknowledged by its president or a vice president before an officer, authorized by the laws of this state to take acknowledgments of deeds, to be the act and deed of the parent corporation.

      2.  If any of the corporations is organized under the laws of a jurisdiction other than one of the United States of America or the District of Columbia, it is a further condition of merger under this section that the surviving corporation be a corporation of this state.

      3.  If the parent corporation does not own all the outstanding stock of all the subsidiary corporations which are parties to a merger pursuant to this section, the resolution of the board of directors of the parent corporation shall state the terms and conditions of the merger, including the securities, cash or other property to be issued, paid or delivered by the surviving corporation upon surrender of each share of the subsidiary corporation or corporations not owned by the parent corporation.

      4.  If the parent corporation is not the surviving corporation, the resolution shall include provision for the pro rata issuance of stock of the surviving corporation to the holders of the stock of the parent corporation on surrender of the certificates therefor, and the certificate of ownership and merger shall state that the proposed merger has been approved by the holders of a majority of the stock of the parent corporation at a meeting of its stockholders duly called and held after 20 days’ notice of the purpose of the meeting mailed to each of its stockholders at his address as it appears on the records of the corporation.

      Sec. 9.  NRS 78.725 is hereby amended to read as follows:

      78.725  1.  Any corporation organized and existing under the laws of this state on April 1, 1925, may reincorporate under this chapter, either under the same or a different name, by:

      (a) Filing with the secretary of state a certificate executed by its president and attested by its secretary [under the corporate seal] and duly authorized by a meeting of the stockholders called for that purpose, setting forth the statements required in an original certificate of incorporation by NRS 78.035; and

      (b) Surrendering the existing charter or certificate of incorporation of the corporation, and accepting the provisions of this chapter.

      2.  Upon the filing of the certificate, the corporation shall be deemed to be incorporated under this chapter and shall be entitled to and be possessed of all the privileges, franchises and powers as if originally incorporated under this chapter. All the properties, rights and privileges theretofore belonging to the corporation, which were acquired by gift, grant, conveyance, assignment or otherwise, shall be and the same are hereby ratified, approved and confirmed and assured to the corporation with like effect and to all intents and purposes as if the same had been originally acquired through incorporation under this chapter.


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ê1971 Statutes of Nevada, Page 1106 (Chapter 530, SB 185)ê

 

effect and to all intents and purposes as if the same had been originally acquired through incorporation under this chapter.

      3.  Any corporation reincorporating under this chapter shall be subject to all the contracts, duties and obligations theretofore resting upon the corporation whose charter or certificate of incorporation is thus surrendered or to which the corporation shall then be in any way liable.

      Sec. 10.  NRS 81.220 is hereby amended to read as follows:

      81.220  Every association formed under NRS 81.170 to 81.280, inclusive, shall have power of succession by its associate name for 50 years and shall have power:

      1.  To sue and be sued in any court in its associate name.

      2.  To make and use a common seal and alter the same at pleasure [.] , but the use or nonuse of such a seal does not affect the legality of any document.

      3.  To receive by gift, devise or purchase, hold and convey, real and personal property as the purposes of the association may require.

      4.  To appoint such subordinate agents or officers as the business may require.

      5.  To admit associates or members, and to sell or forfeit their interest in the association for default of installments, dues, work or labor required, as provided by the bylaws.

      6.  To enter into any and all lawful contracts or obligations essential to the transaction of its affairs, for the purpose for which it was formed.

      7.  To borrow money.

      8.  To issue all such notes, bills or evidence of indebtedness or mortgage as its bylaws may provide for.

      9.  To trade, barter, buy, sell and exchange.

      10.  To do all other things proper to be done for the purpose of carrying into effect the objects for which the association is formed.

      Sec. 11.  NRS 82.020 is hereby amended to read as follows:

      82.020  1.  The grand lodges and their subordinate lodges shall have power in their corporate capacity:

      (a) To sue or be sued in any court having competent jurisdiction.

      (b) To make and use a common seal, and to alter the same at pleasure [.] , but the use or nonuse of such a seal does not affect the legality of any document.

      (c) To acquire by purchase, bequest or donation, directly or indirectly, hold in perpetuity, sell and convey such property, real and personal, as may be deemed necessary by the proper authorities thereof, to carry out the charitable purposes of the grand lodges or the subordinate lodges thereof; or for the establishment and endowment of a college, school or schools, hospital or hospitals, cemetery or cemeteries, in this state; and for the necessary uses, purposes and ceremonies of the order.

      (d) To elect or appoint, according to their respective regulations and customs, not less than 3 nor more than 15 persons, to serve as trustees, who shall have charge of all the real and personal property belonging thereto, and transact all business relative thereto.

      2.  Generally, the grand lodges and their subordinate lodges shall be entitled to all the rights, privileges and immunities usually had or enjoyed by such corporations.


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ê1971 Statutes of Nevada, Page 1107 (Chapter 530, SB 185)ê

 

      Sec. 12.  NRS 82.120 is hereby amended to read as follows:

      82.120  1.  The lodges of the Ancient Order of Hibernians shall have power in their corporate capacity:

      (a) To sue or be sued in any court having competent jurisdiction.

      (b) To make and use a seal, and to alter the same at pleasure [.] , but the use or nonuse of such a seal does not affect the legality of any document.

      (c) To acquire by purchase, bequest or donation, directly or indirectly, hold in perpetuity, sell and convey such property, real or personal, as may be deemed necessary by the proper authorities thereof to carry out the charitable purposes of the lodges, or for the establishment and endowment of a school or schools, hospital or hospitals, cemetery or cemeteries, in the state, and for the necessary uses, purposes and ceremonies of the orders.

      (d) To elect or appoint, according to their respective regulations and customs, not less than 3 nor more than 15 persons to serve as trustees, who shall have charge of all real and personal property belonging thereto, and transact all business relative thereto.

      2.  Generally, the lodges shall be entitled to all the rights, privileges and immunities usually had or enjoyed by such corporations.

      Sec. 13.  NRS 82.200 is hereby amended to read as follows:

      82.200  Nevada Chapter of Sigma Alpha Epsilon fraternity of the University of Nevada, in its corporate capacity, shall have power:

      1.  To sue and be sued in any court having competent jurisdiction.

      2.  To make and use a common seal, and to alter the same at pleasure [.] , but the use or nonuse of such a seal does not affect the legality of any document.

      3.  To acquire by purchase, bequest or donation, directly or indirectly, and to hold in perpetuity, sell and convey, and to mortgage such property, real or personal, as may be deemed necessary by the proper authorities thereof to carry out the purposes of the chapter of the fraternity and for the necessary uses, purposes and objects of the fraternity, and to devise, lease and improve any real property held by or for the benefit of the corporation.

      4.  To elect or appoint, in accordance with the bylaws thereof, which may be adopted hereafter, not less than three nor more than seven members of the fraternity to serve as trustees, who shall have charge of all the real and personal property belonging thereto, and transact all business relative thereto.

      5.  To be entitled to all the rights, privileges and immunities usually had or enjoyed by such corporations.

      Sec. 14.  NRS 82.250 is hereby amended to read as follows:

      82.250  1.  The lodges of the Order of Nevadans shall have power in their corporate capacity:

      (a) To sue and be sued in any court having competent jurisdiction.

      (b) To make and use a seal, and to alter the same at pleasure [.] , but the use or nonuse of such a seal does not affect the legality of any document.

      (c) To acquire by purchase, bequest or donation, directly or indirectly, hold in perpetuity, sell and convey such property, real and personal, as may be deemed necessary by the proper authorities thereof to carry out the charitable purposes of the lodges, or for the establishment and endowment of a school or schools, hospital or hospitals, cemetery or cemeteries, in this state, and for the necessary uses, purposes and ceremonies of the orders.


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ê1971 Statutes of Nevada, Page 1108 (Chapter 530, SB 185)ê

 

may be deemed necessary by the proper authorities thereof to carry out the charitable purposes of the lodges, or for the establishment and endowment of a school or schools, hospital or hospitals, cemetery or cemeteries, in this state, and for the necessary uses, purposes and ceremonies of the orders.

      (d) To elect or appoint, according to their respective regulations and customs, not less than 3 nor more than 15 persons to serve as trustees, who shall have charge of all real and personal property belonging thereto, and transact all business relative thereto.

      2.  Generally, the lodges shall be entitled to all the rights, privileges and immunities usually had or enjoyed by such corporations.

      Sec. 15.  NRS 82.360 is hereby amended to read as follows:

      82.360  The trustees of every church and congregation, and their successors, mentioned in NRS 82.300 to 82.390, inclusive, shall have the power, subject to the provisions of sections 2 to 9, inclusive, of [this act:] chapter 23, Statutes of Nevada 1971:

      1.  To have and use a common seal, and to renew and alter the same at their pleasure [.] , but the use or nonuse of such a seal does not affect the legality of any document.

      2.  To take into their possession and custody all the temporalities belonging to such church, congregation or society, whether the same consist of real estate or personal estate, and whether the same shall have been given, granted or devised directly to such church or congregation, or to any person or persons for their use.

      3.  By their corporate name or title, to mortgage real or personal property.

      4.  To sue and be sued in all courts of law and equity.

      5.  To recover, hold and enjoy all the debts, demands, rights and privileges, and all churches, rectories and burial places, with the appurtenances, and all estates belonging to such church or congregation, in whatever manner the same may have been acquired, or in whatever name the same may be held, as fully and amply as though the right or title thereto had originally been vested in the trustees.

      6.  To purchase and hold other real and personal property, and to devise, lease and improve the same for the use of such church or congregation, or for other pious uses.

      7.  To build churches, rectories, schoolhouses and other buildings for the use of such church or congregation, and to repair and alter the same.

      8.  To make rules and orders for managing the temporal affairs of such church or congregation, and to dispose of all moneys belonging thereto.

      9.  To regulate and order the renting of pews in their churches.

      10.  To control all matters pertaining to their burial places.

      11.  To appoint a clerk and treasurer of their board, and a collector to collect and receive all rents and revenue due them, and to regulate the fees to be allowed to such officers, to remove the clerk, treasurer and collector at pleasure, and appoint others in their stead. Clerks shall enter all rules and orders made by the trustees, and payments made by them, in a book to be kept for that purpose.


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ê1971 Statutes of Nevada, Page 1109 (Chapter 530, SB 185)ê

 

      Sec. 16.  NRS 82.530 is hereby amended to read as follows:

      82.530  1.  The American Legion, Department of Nevada, and the various American Legion posts within the State of Nevada shall have power in their corporate capacity:

      (a) To sue or be sued in any court having competent jurisdiction.

      (b) To make and use a common seal, and to alter the same at pleasure [.] , but the use or nonuse of such a seal does not affect the legality of any document.

      (c) To acquire by purchase, bequest or donation, directly or indirectly, hold in perpetuity, sell and convey such property, real and personal, as may be deemed necessary by the proper authorities thereof, to carry out the purposes of the American Legion, Department of Nevada, or the various America Legion posts within the State of Nevada.

      (d) To elect or appoint, according to the respective regulations or customs, not less than 3 nor more than 15 persons, to serve as trustees, who shall have charge of all the real and personal property belonging thereto, and to transact all business relating thereto.

      2.  Generally, the American Legion, Department of Nevada, and the various American Legion posts within the State of Nevada shall be entitled to all the rights, privileges and immunities usually had or enjoyed by such corporations.

      Sec. 17.  NRS 82.660 is hereby amended to read as follows:

      82.660  The Nevada Library Association, in its corporate capacity, shall have power:

      1.  To sue or be sued in any court having competent jurisdiction.

      2.  To make and use a common seal, and to alter the same at pleasure [.] , but the use or nonuse of such a seal does not affect the legality of any instrument.

      3.  To acquire by purchase, bequest or donation, directly or indirectly, and to hold in perpetuity, sell and convey, and to mortgage such property real or personal, as may be deemed necessary by the proper authorities thereof to carry out the purposes of the association, and for the necessary uses, purposes and objects of the association, and to devise, lease and improve any real property held by or for the benefit of the corporation.

      4.  To elect or appoint, in accordance with the bylaws thereof, not less than three or more than 15 members of the association to serve as trustees, who shall have charge of all real and personal property belonging thereto, and transact all business relative thereto.

      5.  To be entitled to all the rights, privileges and immunities, usually had or enjoyed by such a corporation.

 

________


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ê1971 Statutes of Nevada, Page 1110ê

 

CHAPTER 531, SB 179

Senate Bill No. 179–Senator Pozzi

CHAPTER 531

AN ACT directing the conveyance of real property in Carson City, Nevada, belonging to the State of Nevada to the board of regents of the University of Nevada for community college purposes; providing for the selection of such real property by the board of regents of the University of Nevada and the reversion of such selected and conveyed real property under certain conditions; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  The State of Nevada, by its departments hereinafter specified, owns 520 acres of real property adjacent to Carson City, Nevada. The buildings and grounds division of the department of administration for and on behalf of the state owns 120 acres described as the S1/2 of the NE1/4 and the NE1/4 of the NE1/4 of Section 12, T. 15 N., R. 19 E., M.D.B. & M. The state department of conservation and natural resources for and on behalf of the state owns 400 acres described as the S1/2 of the SW1/4 and the N1/2 of the SE1/4 and the SE1/4 of the SE1/4 of Section 1, T. 15 N., R. 19E., M.D.B. & M., and the NW1/4 and the NW1/4 of the NE1/4 of Section 12, T. 15 N., R. 19 E., M.D.B. & M.

      Sec. 2.  If within 12 months from the effective date of this act the board of regents of the University of Nevada files with the state land register a written description of real property not exceeding 200 acres lying within the parcels of real property described in section 1 of this act and requests a conveyance thereof to the board of regents of the University of Nevada for community college purposes, the state land register shall, notwithstanding the provisions of NRS 232.158 or any other law, so convey the requested real property to the board of regents of the University of Nevada without consideration, but such conveyance shall provide that if within 5 years from the date of the instrument of conveyance the board of regents of the University of Nevada has not constructed and is not operating a community college on such real property, the real property will revert to the State of Nevada.

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

 

________


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ê1971 Statutes of Nevada, Page 1111ê

 

CHAPTER 532, SB 163

Senate Bill No. 163–Senator Pozzi

CHAPTER 532

AN ACT to amend an act entitled “An Act relating to Carson City; consolidating Ormsby County and Carson City into one municipal government to be known as Carson City; providing a charter therefor; and providing other matters properly relating thereto,” approved April 1, 1969, as amended; amending various complementary NRS sections to effect the purposes of this act; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  Section 1.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 288, is hereby amended to read as follows:

      Section 1.030  Description of territory.  The territory embraced in Carson City is that certain land situate in the State of Nevada, described as follows: Beginning at the northwest corner of Douglas County, Nevada, at a point on the common boundary between the State of Nevada and the State of California; thence due east to the shoreline of Lake Tahoe; thence easterly along the south boundaries of a portion of Section 33, all of 34, 35 and 36, T. 15 N., R. 18 E., M.D.B. & M.; thence continuing easterly along the south boundaries of Sections 31, 32, 33, 34, 35 and 36, T. 15 N., R. 19 E., to the southwest corner of Section 31, T. 15 N., R. 20 E.; thence continuing easterly along the south boundary of Section 31 to the east 1/16 corner common to Section 31 and Section 6, T. 14 N., R. 20 E.; thence southerly along the north-south centerline of the NE1/4 of Section 6, a distance of 300 feet, more or less, to the center north-north-northeast 1/256 corner of Section 6; thence easterly along the east-west centerline NW1/4 of the NE1/4 of the NE1/4 of Section 6, a distance of 660 feet, more or less to the center north-northeast-northeast 1/256 corner of Section 6; thence northerly along the north-south centerline of the NE1/4 of the NE1/4 of Section 6, a distance of 300 feet, more or less, to the east-east 1/64 corner common to Section 6, T. 14 N., R. 20 E., and Section 31, T. 15 N., R. 20 E.; thence easterly along the south boundary of Section 31 to its [southwest] southeast corner; thence continuing easterly along the south boundary of Section 32, T. 15 N., R. 20 E., to the one-quarter corner common to Section 32 and Section 5, T. 14 N., R. 20 E; thence southerly along the north-south one-quarter section line of Section 5 to the one-quarter corner common to Section 5 and Section 8, T. 14 N., R. 20 E.; thence easterly along the boundary common to Sections 5 and 8 to the northeast corner of Section 8; thence southerly along the boundary common to Section 8 and Section 9, T. 14 N., R. 20 E., to the southeast corner of Section 8; thence easterly along the south boundaries of Sections 9, 10, 11 and 12, T. 14 N., R. 20 E.; thence continuing easterly along the south boundaries of Sections 7, 8, 9, 10, 11 and 12, T. 14 N., R. 21 E.; thence easterly along the south boundary of Section 7, T. 14 N., R. 22 E. to a point on the centerline of Eldorado Canyon and from which point the southeast corner of Section 7 bears S. 89°51' E. a distance of 1,386 feet; thence down the center of Eldorado Canyon to a point thereon due east of Brown & Company’s dam on the Carson River; thence in a westerly direction, crossing the Carson River at the dam; thence to the Half Way House, between Carson and Silver City; thence northwesterly to the summit of the mountains east of Washoe Lake; thence southwesterly to the corner common to sections 14, 15, 22 and 23, T.


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ê1971 Statutes of Nevada, Page 1112 (Chapter 532, SB 163)ê

 

Eldorado Canyon to a point thereon due east of Brown & Company’s dam on the Carson River; thence in a westerly direction, crossing the Carson River at the dam; thence to the Half Way House, between Carson and Silver City; thence northwesterly to the summit of the mountains east of Washoe Lake; thence southwesterly to the corner common to sections 14, 15, 22 and 23, T. 16 N., R. 20 E.; thence westerly along the common boundaries between sections 15 and 22 and between 16 and 21, T. 16 N., R. 20 E. to the corner common to sections 16, 17, 20 and 21, T. 16 N., R. 20 E.; thence southerly along the common boundary between sections 20 and 21 to the corner common to sections 20, 21, 28 and 29, T. 16 N., R. 20 E.; thence westerly along the common boundary between sections 20 and 29 to the corner common to sections 19, 20, 29 and 30, T. 16 N., R. 20 E.; thence southerly along the common boundary between sections 29 and 30 to the corner common to sections 29, 30, 31 and 32, T. 16 N., R. 20 E.; thence westerly along the common boundary between sections 30 and 31, T. 16 N., R. 20 E. and sections 25 and 36, T. 16 N., R. 19 E., to the 1/4 corner common to sections 25 and 36; thence southerly along the north-south 1/4 section line of section 36 to the center of section 36; thence westerly along the east-west 1/4 section line of sections 36 and 35, T. 16 N., R. 19 E. to the 1/4 corner common to sections 34 and 35, T. 16 N., R. 19 E.; thence southerly along the common boundary between sections 34 and 35 to the southeast corner of section 34; thence westerly along the common boundary between section 34, T. 16 N., R. 19 E., and section 3, T. 15 N., R. 19 E., to the northwest corner of section 3; thence southerly along the common boundary between sections 3 and 4, T. 15 N., R. 19 E., to the 1/4 corner common to sections 3 and 4; thence westerly along the east-west 1/4 section line of section 4 to the center of section 4; thence southerly along the north-south 1/4 section line of section 4 to the 1/4 corner common to sections 4 and 9, T. 15 N., R. 19 E.; thence westerly along the common boundary between sections 4 and 9 to the corner common to sections 4, 5, 8 and 9, T. 15 N., R. 19 E.; thence southerly along the common boundary between sections 8 and 9 to the corner common to sections 8, 9, 16 and 17, T. 15 N., R. 19 E.; thence westerly along the common boundary between sections 8 and 17 to the corner common to sections 7, 8, 17 and 18, T. 15 N., R. 19 E.; thence southerly along the common boundary between sections 17 and 18 to the north 1/64th corner common to sections 17 and 18, T. 15 N., R. 19 E.; thence westerly along the north boundary of the S1/2 S1/2 N1/2 of section 18 to the north 1/64th corner common to sections 18, T. 15 N., R. 19 E. and 13, T. 15 N., R. 18 E.; thence continuing westerly along the north boundary of the S1/2 S1/2 N1/2 of sections 13, 14, 15, 16, 17 and a portion of 18, T. 15 N., R. 18 E., to the Nevada-California state line; thence south along the California line to the place of beginning.

      Sec. 2.  Section 2.270 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 300, is hereby amended to read as follows:

      Section 2.270  Power of board: Provision of utilities.  The board may:


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ê1971 Statutes of Nevada, Page 1113 (Chapter 532, SB 163)ê

 

      1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to Carson City or the residents thereof.

      2.  Provide for the construction of any facility necessary for the provision of such utilities.

      3.  Fix the rate to be paid for any utility provided by public enterprise.

      4.  Provide that any public utility be authorized, for any purpose or object whatever, to install, operate or use within the city mechanical watermeters, or similar mechanical devices, to measure the quantity of water delivered to water users.

      Sec. 3.  Section 3.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 672, Statutes of Nevada 1969, at page 1468, 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 may shall receive [an] $600 in addition to the annual salary as provided in section 2.010.

      Sec. 3.5.  Section 3.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 672, Statutes of Nevada 1969, at page 1468, 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. He shall comply with the provisions of subsection 4 of NRS 251.030 and the recorder and auditor is relieved from the duties imposed by subsection 4 of NRS 251.030, it being the intention of the legislature that only one set of books be kept for Carson City.


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ê1971 Statutes of Nevada, Page 1114 (Chapter 532, SB 163)ê

 

      (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 shall receive an annual salary in the amount specified in NRS 245.043.

      Sec. 4.  Section 3.040 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 672, Statutes of Nevada 1969, at page 1469, 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 [.] , except the duties imposed by subsection 4 of NRS 251.030, which shall be performed by the clerk pursuant to the provisions of section 3.030.

      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 an annual salary in the amount specified in NRS 245.043.


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ê1971 Statutes of Nevada, Page 1115 (Chapter 532, SB 163)ê

 

      Sec. 5.  Section 5.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 304, is hereby amended to read as follows:

      Section 5.010  Primary election.

      1.  A primary election shall be held on the date fixed by the Nevada election laws, at which time there shall be nominated candidates for offices to be voted for at the next general election.

      2.  A candidate for any office to be voted for at any primarily election shall file a declaration or acceptance of candidacy as provided by the Nevada election laws.

      3.  A candidate for mayor or supervisor or any other office not otherwise provided for by law shall pay to the clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by chapter 293 of NRS for county offices.

      4.  All candidates for the office of mayor and supervisor shall be voted upon by the registered voters of Carson City at large.

      5.  If only two persons file for a particular office, their names shall not appear on the primary ballot but their names shall be placed on the ballot for the general election.

      6.  If in the primary election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone shall be placed on the ballot for the general election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes shall be placed on the ballot for the general election.

      Sec. 6.  NRS 278.040 is hereby amended to read as follows:

      278.040  1.  Six members of the planning commission shall be appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The appointed members shall hold no other public office, except that one such appointed member may be a member of the zoning board of adjustment.

      2.  The chief engineer or surveyor or his designated deputy and two other officials, one of whom may be a member of the governing body, shall be ex officio members.

      3.  In Carson City, the members of the planning commission established as provided in NRS 278.030 shall be appointed by the mayor, with the approval of the board of supervisors, as follows:

      (a) Six members shall be appointed from the city at large.

      (b) The chief engineer or his designated deputy and two other city officials, one of whom may be a member of the board of supervisors, shall be appointed as ex officio members [.] , who shall not be entitled to vote.

      4.  All members of the commission shall serve as such without compensation excepting reasonable traveling expenses made necessary in the fulfillment of their duties.

      5.  The term of each member appointed after February 15, 1959, shall be 4 years, or until his successor takes office, except that the terms of two of the members first appointed shall be 3 years, and the respective terms of two members first appointed shall be 1 and 2 years.


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ê1971 Statutes of Nevada, Page 1116 (Chapter 532, SB 163)ê

 

of two of the members first appointed shall be 3 years, and the respective terms of two members first appointed shall be 1 and 2 years. Members appointed prior to February 15, 1959, may serve the balance of the term for which they were appointed.

      6.  Members may be removed, after public hearing, by a majority vote of the governing body for inefficiency, neglect of duty or malfeasance of office.

      7.  Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term.

      Sec. 7.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 533, AB 748

Assembly Bill No. 748–Committee on Commerce

CHAPTER 533

AN ACT relating to the public service commission of Nevada; creating the public service commission publication fund and specifying its sources and authorized expenditures therefrom; concerning hearings on changes in rates and charges of public utilities and transfers of certificates of public convenience and necessity; providing for the examination of books, accounts and records of public utilities; imposing penalties for false and fraudulent statements made in certain records, reports and statements; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The public service commission publication fund is hereby created in the state treasury. Such fund shall be used to defray the costs of publications of notices required by this chapter.

      2.  All fees collected pursuant to NRS 704.0391 shall be deposited in the public service commission publication fund.

      3.  Moneys in such fund shall be paid out in the same manner as other claims against the state are paid.

      4.  Any balance remaining in such fund at the end of a fiscal year shall not revert to the general fund in the state treasury.

      Sec. 2.  NRS 704.0391 is hereby amended to read as follows:

      704.0391  1.  The commission shall collect from any person, partnership, corporation, company, association, lessee, trustee or receiver (appointed by any court whatsoever) a fee for the filing of any official document as provided for in chapters 318, 704, 705, 706, 707 and 708 of NRS, or which may be required by any rule or regulation of the commission. Such fees shall not exceed:

      (a) For applications, $200.

      (b) For petitions seeking affirmative relief, $200.

      (c) For each tariff page which requires public notice and is not attached to an application, $10, but if more than one page is filed at one time, the total fee shall not exceed the cost of notice and publication.


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ê1971 Statutes of Nevada, Page 1117 (Chapter 533, AB 748)ê

 

      (d) For all other miscellaneous papers or documents not otherwise provided for which require public notice, $10.

      2.  The commission shall not charge a fee for the filing of complaints, and if any application paper or document is rejected by the commission for the reason that it is incomplete or inappropriate, the filing fee shall be returned.

      3.  All moneys collected by the commission pursuant to this section shall be deposited in the state treasury to the credit of the public service commission [regulatory] publication fund.

      Sec. 3.  NRS 704.100 is hereby amended to read as follows:

      704.100  1.  No changes shall be made in any schedule, including schedules of joint rates, or in the rules and regulations affecting any and all rates or charges, except upon 30 days’ notice to the commission, and all such changes shall be plainly indicated, or by filing new schedules in lieu thereof 30 days prior to the time the same are to take effect. The commission, upon application of any public utility, may prescribe a less time within which a reduction may be made.

      2.  Copies of all new or amended schedules shall be filed and posted in the stations and offices of public utilities as in the case of original schedules.

      3.  The commission shall determine whether a hearing shall be held when the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, will result in an increase in annual gross revenue as certified by the applicant of $2,500 or less.

      4.  In making such determination the commission shall first consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.

      Sec. 4.  NRS 704.180 is hereby amended to read as follows:

      704.180  1.  Every public utility shall:

      (a) Keep and render to the commission, in the manner, form and detail prescribed by the commission, uniform and detailed accounts of all business transacted; and

      (b) Furnish the commission with an annual report in such form and detail as shall be prescribed by the commission.

      2.  The accounts of every public utility shall be closed annually on January 1, and the reports herein required shall be filed not later than April 15 following.

      3.  The commission may at any time call for desired information omitted from such reports or not provided for therein, when in the judgment of the commission such information is necessary.

      4.  [Any commissioner or any person or persons authorized by the commission shall have the right to examine the books, accounts, records, minutes and papers of any public utility for the purpose of determining their correctness and whether they are being kept in accordance with the rules and regulations and form prescribed by the commission.] Any commissioner or any commission personnel authorized by the commission may examine, at any time during the business hours of the day, the books, accounts, records, minutes, papers and property of any public utility doing business in this state.


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ê1971 Statutes of Nevada, Page 1118 (Chapter 533, AB 748)ê

 

accounts, records, minutes, papers and property of any public utility doing business in this state.

      5.  The fact that such books, accounts, records, minutes and papers are not maintained in this state shall not cause the commissioner or such authorized commission personnel to lose any right of examination under this chapter when and where such books, accounts, records, minutes, papers and property are maintained.

      Sec. 5.  NRS 704.200 is hereby amended to read as follows:

      704.200  1.  Every annual report, record or statement required by this chapter to be made to the commission shall be sworn to by the proper officer, agent or person in charge of such public utility.

      2.  Any [intentionally false oath as to the correctness of such report, record or statement shall be deemed perjury, and the person making such false oath shall, upon conviction, be punished as in other cases of perjury.] person swearing to such report, record or statement who makes any false or fraudulent statement in any such report, record or statement with intent to defeat or evade any provision of this chapter is guilty of a gross misdemeanor.

      Sec. 6.  NRS 704.410 is hereby amended to read as follows:

      704.410  1.  Any public utility coming within the terms of NRS 704.010 to 704.810, inclusive, to whom a certificate or certificates of public convenience and necessity have been issued pursuant to NRS 704.010 to 704.810, inclusive, may transfer such certificate or certificates to another person qualified under NRS 704.010 to 704.810, inclusive, but no such transfer is valid for any purpose until a joint application to make such transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor.

      2.  The commission, in its discretion, may direct that a hearing be had in the matter of such transfer. If the commission determines that a hearing should be held, such hearing should be noticed and conducted in like manner as other hearings before the commission.

      3.  The commission shall have the sole discretion to direct that a hearing shall be held if the application seeks to transfer the certificate from an individual or individuals or partners to a corporation when the officers of the corporation will be substantially the same individual, individuals or partners.

      4.  The commission, in its discretion, may dispense with a hearing if, upon the expiration of the time fixed in the notice thereof, no protest to the proposed transfer has been filed by or on behalf of any interested person.

      5.  In determining whether the transfer of a certificate or certificates of public convenience and necessity to an applicant transferee should or should not be authorized, the commission shall take into consideration:

      (a) The utility service performed by transferor and the proposed utility service of transferee;

      (b) Other authorized utility services in the territory for which such transfer is sought; and


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ê1971 Statutes of Nevada, Page 1119 (Chapter 533, AB 748)ê

 

      (c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS 704.010 to 704.810, inclusive.

      [3.] 6.  The commission may make such amendments, restrictions or modifications in a certificate or certificates upon transferring such certificates as the public interest may require.

      [4.] 7.  No transfer is valid beyond the life of the certificate or certificates transferred.

      [5.] 8.  No transfer of stock of a public utility subject to the jurisdiction of the commission is valid without prior approval of the commission if the effect of such transfer would be to change corporate control of the public utility or if a transfer of 15 percent or more of the common stock of the public utility is proposed.

 

________

 

 

CHAPTER 534, SB 520

Senate Bill No. 520–Senator Herr

CHAPTER 534

AN ACT relating to cosmetology; providing that members of the state board of cosmetology shall serve at the pleasure of the governor; clarifying license requirements for cosmetological establishments; increasing the bond required of schools of cosmetology; enlarging requirements of such schools; providing for immediate cosmetology license suspension under certain circumstances; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 644.050 is hereby amended to read as follows:

      644.050  1.  Except as provided in subsection 2, members of the board shall be appointed for a term of 4 years [.] and shall serve at the pleasure of the governor.

      2.  The terms of the two members appointed to increase the board to five members shall expire on June 30, 1966, and June 30, 1969, respectively.

      3.  Before entering upon the discharge of his duties, each member shall make and file with the secretary of state the constitutional oath of office.

      4.  Vacancies occurring shall be filled by appointment by the governor for the unexpired term only.

      Sec. 2.  NRS 644.360 is hereby amended to read as follows:

      644.360  1.  Every holder of a license issued by the board to operate a cosmetological establishment shall display the license in a conspicuous place in the principal office or place of business of the holder.

      2.  It is the responsibility of the operator of a cosmetological establishment to employ only licensed cosmetologists at such establishment.

      Sec. 3.  NRS 644.400 is hereby amended to read as follows:


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ê1971 Statutes of Nevada, Page 1120 (Chapter 534, SB 520)ê

 

      644.400  1.  A school of cosmetology shall, at all times, be in charge of and under the immediate supervision of a licensed [hairdresser and cosmetician] instructor who has had practical experience of at least [3 years] 1 year in the practice of a majority of the branches of cosmetology in an established place of business.

      2.  A school of cosmetology shall fulfill the following requirements:

      (a) It shall maintain a school term of not less than 1,800 hours extending over a period of not less than 10 months [,] nor more than 24 months, and shall maintain a course of practical training and technical instruction equal to the requirements for examination for a certificate of registration as a hairdresser and cosmetician as set forth in NRS 644.240.

      (b) It shall possess apparatus and equipment sufficient for the ready and full teaching of all the subjects of its curriculum.

      (c) It shall attach to its staff of instructors a regularly licensed physician, and shall maintain registered hairdressers and cosmeticians and other instructors competent to impart instruction in all subjects of its curriculum.

      (d) It shall keep a daily record of the attendance of each student, and a record devoted to the different practices, and shall establish grades and hold examinations before issuing diplomas.

      (e) It shall include in its curriculum a course of shop deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.

      (f) It shall so arrange the courses devoted to each branch of practice of cosmetology as the board may from time to time adopt as the course to be followed by the schools.

      (g) It shall not allow any student to perform services on the public for more than 7 hours in any day nor for more than 5 days out of every 7.

      (h) It shall conduct at least 1 hour of theory instruction each day, which shall be attended by all registered students. Any student who does not attend such theory instruction on a particular day shall not be allowed to perform services on patrons on that day.

      (i) All student work shall be done on a rotation basis.

      3.  Every cosmetological establishment exacting a fee for the teaching of any branch of cosmetology (the teaching of junior operators in any branch or branches of cosmetology being excepted) shall be classed as a school of cosmetology within the meaning of this section, and shall be required to comply with all of its provisions, as well as such regulations as shall from time to time be prescribed by the board.

      4.  Each school of cosmetology shall maintain a staff of at least two licensed instructors. There shall be [at least two instructors, and] one additional instructor for each 25 enrolled students, or major portion thereof, over 50.

      5.  Each instructor shall:

      (a) Be a licensed hairdresser and cosmetician.

      (b) Pay a license fee of $18 a year.

      (c) Have successfully completed the 12th grade in school [.] or its equivalent.

      (d) Have [3 years] 1 year’s experience as a hairdresser and cosmetician.


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ê1971 Statutes of Nevada, Page 1121 (Chapter 534, SB 520)ê

 

      (e) Have completed [600] 1,000 hours of teacher training in a school of cosmetology.

      (f) Be required each 2 years to take a course of at least 30 hours’ duration in advanced teacher-training techniques.

      Sec. 4.  NRS 644.440 is hereby amended to read as follows:

      644.440  1.  The board shall not refuse to issue or renew any license as required by the provisions of NRS 644.190, or revoke or suspend any such license already issued, except upon 20 days’ notice in writing to the interested parties. The notice shall contain a brief statement of the reasons for the contemplated action of the board and shall designate a proper time and place for the hearing of all interested parties before any final action is taken.

      2.  Due notice, within the provisions of subsection 1, shall be deemed to have been given when the board shall have placed in a United States post office a copy of the notice, addressed to the designated or last-known residence of the person applying for such license or to whom such license has already been issued.

      3.  Notwithstanding the provisions of subsection 1, violations of any sanitary rule of the board or of any statute or rule of the state board of health or any county health regulation may be corrected by any inspector of the board by giving notice in the form of a citation. Any licensee receiving a citation shall immediately correct the violation or shall show that corrections have commenced. Failure to correct or to commence corrections within 72 hours from the time of citation shall subject the license to immediate suspension. The board may then give 20 days’ notice for hearing to show cause why the license should not be permanently revoked.

      4.  The closure of any establishment or school by the state board of health shall act as an automatic revocation of the license.

      Sec. 5.  NRS 644.480 is hereby amended to read as follows:

      644.480  1.  Every person violating any of the provisions of this chapter shall be guilty of a misdemeanor.

      2.  Every person required by the provisions of this chapter to perform any act or duty who shall fail, refuse or neglect to perform the duty in the manner directed by the provisions of this chapter shall be guilty of a misdemeanor.

      3.  Every person required by the provisions of this chapter to perform any duty at a specified time or in a specified manner who shall fail, refuse or neglect to perform the duty at the time and in the manner provided by the terms of this chapter shall be guilty of a misdemeanor.

      Sec. 6.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

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ê1971 Statutes of Nevada, Page 1122ê

 

CHAPTER 535, SB 440

Senate Bill No. 440–Committee on Labor

CHAPTER 535

AN ACT relating to unemployment compensation; making permissive the filing by the executive director of the employment security department of a notice of claim of lien when contributions, penalties and interest due are unpaid by any employer after a certain period; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 612.680 is hereby amended to read as follows:

      612.680  1.  Contributions, penalties and interest due and unpaid from any employer shall be a lien upon all of the assets of such employer, such lien to be prior to and paid in preference to all other liens or claims except prior recorded liens and prior taxes.

      2.  Within 60 days after such contributions become delinquent, the executive director [shall] may cause to be filed with the county recorder of the county in which the property is situated a notice of claim of lien setting forth a true statement of the amount due, after deducting all just credits and offsets, and the default of such employer. [, and] Upon such filing the executive director shall cause a copy of such notice to be mailed to the employer. The county recorder shall file such notice of claim of lien, which file shall be indexed.

      3.  The lien so created shall be a lien upon all property, either real or personal, of the employer within the county in which such notice of claim of lien is filed.

      4.  The lien hereby created may be foreclosed by a suit in the district court in the manner provided by law for the foreclosure of other liens on real or personal property.

      5.  Any lien, as provided in this section, may be released, compromised or satisfied by the executive director, and the property against which a lien is claimed shall be released therefrom by filing a notice of such release or satisfaction with the county recorder of the county in which the notice of lien claim was filed.

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

 

________

 

 

CHAPTER 536, SB 384

Senate Bill No. 384–Committee on Judiciary

CHAPTER 536

AN ACT requiring each signer of a petition for an independent candidate in an election to provide certain information in addition to his signature; changing the requirement for qualifying independent candidates for office.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 293.200 is hereby amended to read as follows:

      293.200  1.  Independent candidates for partisan office shall qualify by filing with the proper filing officer a certificate of candidacy signed by a number of registered voters equal to at least 5 percent of the total number of ballots cast [at the last preceding general election in the state, district or political subdivision for which the certificate is made, but no such certificate may contain the signatures of less than five registered voters.]


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

ê1971 Statutes of Nevada, Page 1123 (Chapter 536, SB 384)ê

 

a number of registered voters equal to at least 5 percent of the total number of ballots cast [at the last preceding general election in the state, district or political subdivision for which the certificate is made, but no such certificate may contain the signatures of less than five registered voters.] in the state or in the county, district or municipality electing such officer at the last preceding general election. The certificate may consist of more than one document.

      2.  Each signer shall add to his signature [his place of residence.] the address of the place at which he actually resides and the name of the county where he is registered to vote for the purpose of determining whether he is a registered voter. One of the signers of each such certificate shall sign an affidavit attesting that the signatures on the certificate are genuine to the best of his knowledge and belief.

      3.  Such certificate of candidacy may state the principle, if any, which the person qualified represents.

      4.  Certificates of candidacy provided for in this section for officers to be voted for by the registered voters of the entire state or by districts composed of two or more counties shall be filed with the secretary of state and all other such certificates of candidacy shall be filed with the clerk of the county wherein the officers are to be voted for.

      5.  Certificates of candidacy provided for in this section shall be filed not earlier than the 2nd Monday in June and not later than 5 p.m. on the 2nd Friday in July.

      6.  No certificate of candidacy, provided for in this section, may contain the name of more than one candidate for each office to be filled.

      7.  Each independent candidate shall be required to state under oath that he has not been registered as a member of any political party since the date of the last primary election immediately preceding the filing of the certificate.

      8.  The names of independent candidates shall be placed on the general election ballot and shall not appear on the primary election ballot.

      9.  If the candidacy of any person seeking to qualify under this section is challenged, all affidavits and documents in support of such challenge shall be filed not later than 5 p.m. on the 3rd Wednesday in July. Any court proceeding resulting from such challenge shall be set for hearing not less than 5 days and not more than 10 days after the 3rd Wednesday in July.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

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

ê1971 Statutes of Nevada, Page 1124ê

 

CHAPTER 537, SB 507

Senate Bill No. 507–Committee on Judiciary

CHAPTER 537

AN ACT relating to attorneys at law; exempting the legislative counsel and any attorney employed by the legislative counsel bureau from appointment to defend persons charged with a crime; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 7.035 is hereby amended to read as follows:

      7.035  No city attorney, district attorney or attorney general or their deputies and assistants hired or elected to prosecute persons charged with the violation of any ordinance or any law of this state, or the legislative counsel or any attorney employed in the legislative counsel bureau, without the consent of the legislative commission, shall, during their terms of office or during the time they are so employed, in any court of this state, accept an appointment to defend, agree to defend or undertake the defense of any person charged with the violation of any ordinance or any law of this state.

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

 

________

 

 

CHAPTER 538, SB 613

Senate Bill No. 613–Senator Close

CHAPTER 538

AN ACT relating to the Physical Therapists Practice Act; providing for licensed physical therapy assistants; increasing the registration fee for physical therapists; providing a penalty; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 640 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in such sections.

      Sec. 3.  “Board” means the state board of physical therapy examiners.

      Sec. 4.  “Licensed physical therapy assistant” means a person who assists in the practice of physical therapy under the direct supervision of a registered physical therapist and who is licensed under the provisions of sections 7 to 15, inclusive, of this act.

      Sec. 5.  “Physical therapist” means a person who practices physical therapy and who is registered under the provisions of this chapter.

      Sec. 6.  “Physical therapy” means the treatment of any bodily or mental condition of any person by the use of the physical, chemical and other properties of heat, light, water, electricity, massage and active and passive exercise.


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

ê1971 Statutes of Nevada, Page 1125 (Chapter 538, SB 613)ê

 

other properties of heat, light, water, electricity, massage and active and passive exercise. The use of Roentgen rays and radium for diagnostic and therapeutic purposes, and the use of electricity for surgical purposes, including cauterization, are not authorized under the term “physical therapy” as used in this chapter.

      Sec. 7.  Sections 7 to 15, inclusive, of this act may be cited as the Licensed Physical Therapy Assistant Act.

      Sec. 8.  To be eligible for licensing by the board as a licensed physical therapy assistant, an applicant shall:

      1.  Be at least 18 years old.

      2.  Be of good moral character.

      3.  Have been graduated by an approved high school.

      4.  Have completed a board-approved educational curriculum for a licensed physical therapy assistant.

      5.  Pass an examination conducted by the board or be entitled to licensing without examination as provided in section 12 of this act.

      Sec. 9.  1.  For the purposes of section 8, of this act, the board shall not approve any educational curriculum for a licensed physical therapy assistant unless the curriculum includes elementary or intermediate courses in clinical, anatomical, biological and physical sciences and is at least a 2-year program requiring a minimum of 60 academic semester credits at a college accredited by a recognized accrediting agency.

      2.  The board may refuse to approve any educational curriculum for a licensed physical therapy assistant that fails to include such courses in theory and procedures as determined by the board to be necessary for a licensed physical therapy assistant.

      Sec. 10.  Unless entitled to a license under section 12 of this act, a person who desires to be licensed as a licensed physical therapy assistant shall:

      1.  Apply to the board, in writing, on a blank furnished by the board before commencing to act as a licensed physical therapy assistant.

      2.  Embody in the application evidence, under oath, satisfactory to the board, of his possessing the qualifications preliminary to examination required by section 8 of this act.

      3.  Pay to the board at the time of filing his application a fee to be determined by the board, but not to exceed $50.

      4.  Submit his fingerprints to the board with his application.

      Sec. 11.  1.  The board shall license as a licensed physical therapy assistant each applicant who proves to the satisfaction of the board his fitness for a license.

      2.  The board shall issue to each person licensed as a licensed physical therapy assistant a license, which shall be prima facie evidence of the rights of the person to whom it is issued to represent himself as a licensed physical therapy assistant and to practice as a licensed physical therapy assistant.

      Sec. 12.  The board may, in its discretion, license as a licensed physical therapy assistant, without examination, on the payment of the required fee, an applicant for licensing who is a licensed physical therapy assistant licensed under the laws of another state or territory which laws at the date of his licensure were substantially equal to the requirements in force in this state.


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

ê1971 Statutes of Nevada, Page 1126 (Chapter 538, SB 613)ê

 

      Sec. 13.  1.  Every licensed physical therapy assistant shall, during January 1972 and during January of every year thereafter, apply to the board for an extension of his license and pay a fee of not more than $25. A license that is not so extended in the first instance before April 1, 1972, and thereafter before April 1 every year, shall automatically lapse.

      2.  The board may, in its discretion, revive and extend a lapsed license on the payment of all past unpaid extension fees not to exceed $50.

      Sec. 14.  Any person licensed under sections 7 to 15, inclusive, of this act as a licensed physical therapy assistant shall assist in the practice of physical therapy only under the direct supervision of a registered physical therapist in the State of Nevada subject to the conditions and limitations of sections 7 to 15, inclusive, of this act.

      Sec. 15.  A person who is not licensed under sections 7 to 15, inclusive, of this act, as a licensed physical therapy assistant, or whose license has been suspended or revoked, or whose license has lapsed and has not been revived, and uses in connection with his name the words or letters “L.P.T.A.,” “Licensed Physical Therapy Assistant,” or any other letters, words or insignia indicating or implying that he is a licensed physical therapy assistant, or who in any other way, orally, or in writing, or in print, by sign, directly, or by implication, represents himself as a licensed physical therapy assistant, is guilty of a misdemeanor.

      Sec. 16.  NRS 640.050 is hereby amended to read as follows:

      640.050  1.  The board shall examine and register qualified physical therapists [.] and license qualified physical therapy assistants.

      2.  The board is authorized to adopt reasonable rules to carry this chapter into effect and may amend and revoke such rules at its discretion.

      3.  The board shall keep a record of its proceedings under this chapter and a register of all persons registered or licensed under the provisions of the chapter. The register shall show:

      (a) The name of every living registrant [.] or licensee.

      (b) His last-known place of business and last-known place of residence.

      (c) The date and number of his registration and certificate or license as a registered physical therapist [.] or a licensed physical therapy assistant.

      4.  During May of every year in which renewal of registration or license is required, the board shall compile a list of registered physical therapists and licensed physical therapy assistants authorized to practice physical therapy or to assist in the practice of physical therapy in this state. Any interested person in the state shall be entitled to obtain a copy of the list upon application to the board and the payment of such amount as may be fixed by the board, which amount shall not exceed the cost of the list so furnished.

      5.  The board may:

      (a) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.

      (b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      Sec. 17.  NRS 640.090 is hereby amended to read as follows:

      640.090  Unless entitled to registration under NRS 640.120, 640.130 or 640.140, a person who desires to be registered as a physical therapist shall:


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

ê1971 Statutes of Nevada, Page 1127 (Chapter 538, SB 613)ê

 

      1.  Apply to the board, in writing, on a blank furnished by the board before commencing the practice of physical therapy.

      2.  Embody in the application evidence, under oath, satisfactory to the board, of his possessing the qualifications preliminary to examination required by NRS 640.080.

      3.  Pay to the board at the time of filing his application a fee of [$30.] $50.

      4.  Submit his fingerprints to the board with his application.

      Sec. 18.  NRS 640.020 is hereby repealed.

 

________

 

 

CHAPTER 539, AB 34

Assembly Bill No. 34–Mr. Homer

CHAPTER 539

AN ACT relating to elections in Carson City; enlarging the times for opening and closing the polls.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 293.273 is hereby amended to read as follows:

      293.273  1.  Except as provided in subsections 2 and 3 and NRS 293.305, at all elections held under the provisions of this Title, the polls shall open at 8 a.m. and close at 6 p.m. In Carson City and counties where voting machines are used, the polls shall open at 7 a.m. and close at 7 p.m.

      2.  Whenever at any election all the votes of the precinct or district, as shown on the checklist and roster, have been cast, the election board officers shall close the polls, and the counting of votes shall begin and continue without unnecessary delay until the count is completed.

      3.  Upon opening the polls one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.

      4.  No person other than election board officers engaged in receiving, preparing or depositing ballots, or issuing voting machines admission authorities, may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary for the purpose of keeping order and carrying out the provisions of this Title.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________


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

ê1971 Statutes of Nevada, Page 1128ê

 

CHAPTER 540, AB 76

Assembly Bill No. 76–Mr. McKissick

CHAPTER 540

AN ACT making an appropriation from the general fund in the state treasury to the legislative counsel bureau for the payment of dues required for membership of the Nevada legislature in the National Conference of State Legislative Leaders for the biennium 1971-1973; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

      Whereas, The National Conference of State Legislative Leaders had its inception in 1959 with a meeting of 120 legislative leaders from 34 states held in New York; and

      Whereas, There emerged from this 1959 meeting a permanent organization with the general purpose of advancing the effectiveness and accomplishments of the legislative branch of government in the several states and territories of the United States and the Commonwealth of Puerto Rico by encouraging, conducting, sponsoring and participating in research and special studies for the solution of common problems; and

      Whereas, During the last 12 years the National Conference of State Legislative Leaders has demonstrated its value in innumerable ways as an effective vehicle for the exchange of experiences, information and ideas among the legislative policymakers in the state capitols; and

      Whereas, Nevada is one of seven states which have not become members of the conference, a force for good and effective government; and

      Whereas, Every legislative leader must today be equipped with the necessary tools to make his maximum contribution to his state and its citizens; now, therefore,

 

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

do enact as follows:

 

      Section 1.  1.  There is hereby appropriated from the general fund in the state treasury to the legislative counsel bureau:

      (a) For the fiscal year commencing July 1, 1971, and ending June 30, 1972, the sum of $1,000; and

      (b) For the fiscal year commencing July 1, 1972, and ending June 30, 1973, the sum of $1,000,

for the purpose of paying annual dues to the National Conference of State Legislative Leaders.

      2.  The president of the senate or speaker of the assembly may, with the consent of the legislative commission, nominate members of the legislature to represent the legislature at meetings of the National Conference of State Legislative Leaders.

 

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

ê1971 Statutes of Nevada, Page 1129ê

 

CHAPTER 541, AB 587

Assembly Bill No. 587–Mr. McKissick

CHAPTER 541

AN ACT relating to civil practice; providing for offers in compromise of a contested case; establishing procedures for handling such compromises; providing a penalty if the party to whom the offer is made fails to obtain a more favorable judgment; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 17 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      At any time more than 10 days before trial, either informally or at any pretrial conference presided over by a judge of the court in which the action is pending, any party may serve an offer in writing to allow judgment to be taken in accordance with the terms and conditions stated at that time. If such offer is accepted, the judge of the court in which the action is pending shall enter judgment accordingly. If such offer is not accepted prior to trial or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the trial. If the party to whom the offer of judgment is made fails to obtain a more favorable judgment, he cannot recover costs, and the court may order him to pay to the party who made the offer not only that party’s taxable costs incurred from the date of filing the complaint, but also a reasonable sum to cover costs of the services of expert witnesses who are not regular employees of any party actually incurred and reasonably necessary in the preparation of the case for trial by such prevailing party. Any judgment entered pursuant to this section shall be deemed a compromise settlement.

 

________

 

 

CHAPTER 542, AB 581

Assembly Bill No. 581–Committee on Commerce

CHAPTER 542

AN ACT relating to the Nevada industrial commission; creating two medical boards with concurrent jurisdiction; providing a new method for compensating members of such medical boards; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 616.190 is hereby amended to read as follows:

      616.190  1.  The chairman of the commission annually shall request the Nevada State Medical Association to select and establish [a list of three licensed physicians in good professional standing,] two lists, each composed of three designated and three alternate licensed physicians, who are in good professional standing and who have displayed an active interest in the advancement of their profession, any three of which physicians [,] from each list, when [so chosen,] appointed by the governor shall be and constitute [a medical board] two separate medical boards with concurrent jurisdiction throughout the state for the purposes mentioned in this chapter.


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ê1971 Statutes of Nevada, Page 1130 (Chapter 542, AB 581)ê

 

interest in the advancement of their profession, any three of which physicians [,] from each list, when [so chosen,] appointed by the governor shall be and constitute [a medical board] two separate medical boards with concurrent jurisdiction throughout the state for the purposes mentioned in this chapter.

      2.  The state is hereby divided into two medical board districts, as follows:

      (a) Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey and Washoe shall constitute the first medical board district.

      (b) The counties of Clark, Esmeralda, Lincoln, Nye and White Pine shall constitute the second medical board district.

      3.  One of the lists referred to in subsection 1 shall be composed of licensed physicians practicing in the first medical board district and the other list shall be composed of physicians practicing in the second medical board district.

      4.  The jurisdiction of the medical [board] boards shall be concurrent and shall be limited solely to the consideration and determination of medical questions and the extent of disability of injured employees referred by the commission. It shall not consider or determine legal questions such as whether or not the injury arose out of and in the course of employment. The findings of the medical [board] boards or a majority of the members [thereof] of each board shall be final and binding on the commission.

      [3.] 5.  Each member of the medical [board] boards shall receive as full compensation for his services a sum not to exceed [$25 per day when actually engaged upon the investigation and determination of such referred cases.] $50 for each referred case, which sum shall represent compensation for the initial review of medical records, the meeting and the preparation of the report.

      [4.] 6.  Each member of the medical [board] boards shall be entitled to reasonable and necessary traveling expenses incurred while actually engaged in the performance of his duties.

      Sec. 2.  NRS 616.540 is hereby amended to read as follows:

      616.540  1.  If on a claim for compensation by an injured employee any medical question or the extent of disability of an injured employee shall be in controversy, the commission shall refer the case to the medical board [.] which serves the appropriate medical board district.

      2.  [The] Such medical board shall, upon such reference, notify the injured employee of the time and place set for examination and investigation into such medical question or determination of the extent of disability. At the time set, [the] such medical board shall make a full, complete and thorough examination of the injured employee, who may have a physician of his own choosing in attendance, and forthwith, in a joint report, if all of the medical board members are in agreement, shall submit their findings, conclusions and recommendations, concerning medical questions only, to the commission.

      3.  Should [the] such medical board not be in agreement as to the findings, conclusions and recommendations, the members of [the] such medical board shall submit separate and individual reports, concerning medical questions only, to the commission.


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

ê1971 Statutes of Nevada, Page 1131 (Chapter 542, AB 581)ê

 

      Sec. 3.  NRS 617.340 is hereby amended to read as follows:

      617.340  In all cases under this chapter, the date of disablement shall be such date as the commission shall determine on hearing of the employee’s claim in accordance with the findings of [the medical board] one of the medical boards as provided in NRS 616.190.

 

________

 

 

CHAPTER 543, AB 281

Assembly Bill No. 281–Committee on Agriculture

CHAPTER 543

AN ACT relating to pesticides; empowering the executive director of the state department of agriculture to regulate their use; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 586 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2.  “Defoliant” means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

      Sec. 3.  “Desiccant” means any substance of mixture of substances intended for artificially accelerating the drying of plant tissues.

      Sec. 4.  “Nematocide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes.

      Sec. 5.  “Nematode” means invertebrate animals of the phylum nemathelminthes and class Nematoda, that is, unsegmented round worms with elongated, fusiform or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts, also called nemas or eelworms.

      Sec. 6.  “Plant regulator” means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments.

      Sec. 7.  “Restricted use pesticide” means any pesticide, including any highly toxic pesticide, which the executive director has found and determined, subsequent to a hearing, to be:

      1.  Injurious to persons, pollinating insects, bees, animals, crops or land, other than pests or vegetation it is intended to prevent, destroy, control or mitigate; or

      2.  Detrimental to vegetation (except weeds), wildlife or to the public health and safety.

      Sec. 8.  1.  The executive director shall endeavor to eliminate from use in this state any pesticide:

      (a) Which endangers the agricultural or nonagricultural environment;


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

ê1971 Statutes of Nevada, Page 1132 (Chapter 543, AB 281)ê

 

      (b) Which is not beneficial for the purposes for which it is sold; or

      (c) Which is misrepresented.

      2.  In carrying out this responsibility, he shall develop an orderly program for the continuous evaluation of all pesticides actually registered.

      Sec. 9.  1.  Pursuant to section 8 of this act the executive director may, after hearing, cancel the registration of, or refuse to register, any pesticide:

      (a) Which has demonstrated serious uncontrollable adverse effects either within or outside the agricultural environment.

      (b) The use of which is of less public value or greater detriment to the environment than the benefit received by its use.

      (c) For which there is a reasonably effective and practicable alternate material or procedure which is demonstrably less destructive to the environment.

      (d) Which, when properly used, is detrimental to vegetation (except weeds), to domestic animals or to the public health and safety.

      (e) Which is of little or no value for the purpose for which it is intended.

      (f) Concerning which any false or misleading statement is made or implied by the registrant or his agent, either verbally or in writing, or in the form of any advertising literature.

      2.  In making any such determination, the executive director may require such practical demonstrations as are necessary to determine the facts.

      3.  If the executive director has reason to believe that any of the conditions stated in subsection 1 are applicable to any registered pesticide and that the use or continued use of such pesticide constitutes an immediate substantial danger to persons or to the environment, he may, after notice to the registrant, suspend the registration of such pesticide pending a hearing and final decision.

      Sec. 10.  1.  The executive director shall adopt regulations governing the application and distribution of any pesticides which he finds must necessarily be applied in pest control but which unless carefully used are likely to be:

      (a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than the pest or vegetation it is intended to prevent, destroy, control or mitigate; or

      (b) Detrimental to vegetation (except weeds), wildlife or to the public health and safety.

      2.  The executive director in classifying pesticides as “restricted use pesticides” shall determine if:

      (a) They are highly toxic to man or other animals, including wildlife.

      (b) The regulations governing their application and distribution are reasonably calculated to avoid injury and are necessary for their proper use.

      (c) The benefit received from their use is of greater public value than a detriment to the environment, public health and safety.

      (d) They can be used by permit for purposes other than their registered purposes.

      3.  The executive director may adopt such other rules and regulations as are necessary to carry out the provisions of this chapter, including, but not limited to:

 


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ê1971 Statutes of Nevada, Page 1133 (Chapter 543, AB 281)ê

 

as are necessary to carry out the provisions of this chapter, including, but not limited to:

      (a) The collection and examination of pesticides.

      (b) The use of certain types of containers or packages for specific pesticides, applicable to construction, strength or size to avoid the danger of spillage, breakage or misuse.

      (c) The safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers.

      Sec. 11.  1.  The regulations governing the use of restricted-use pesticides may:

      (a) Provide the time when and the conditions under which they may be used in this state.

      (b) Prohibit their use in areas of this state.

      (c) Provide that they shall be used only under a permit for each application; and the permit may set forth the time, conditions, quantity and concentration of its use.

      2.  Every permit which is issued under the regulations adopted pursuant to this section is conditioned upon compliance with such regulations and upon such other specified conditions as may be deemed necessary to avoid injury.

      3.  Any permit may be refused, revoked or suspended for violation of any of the conditions of such permit, or for violation of any provisions of NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act or the regulations adopted pursuant to such sections.

      Sec. 11.5.  1.  The executive director may issue a special use permit authorizing the use of a pesticide for a purpose other than that for which it is registered. such permit shall set forth:

      (a) The name and dosage rate of the pesticide or other material to be used.

      (b) The type of pest to be controlled.

      (c) The crop or property to be treated.

      2.  Such special use permit may limit the time, quantity, area and manner of application.

      Sec. 12.  It shall be unlawful for any person to sell or deliver any restricted-use pesticide to any person who is required by the regulations adopted by the executive director to have a permit to use such material, unless the person or his agent to whom delivery is made signs a written statement in a form prescribed by the executive director stating that such person holds a valid permit to use the kind and quantity of such restricted-use pesticide which is delivered.

      Sec. 13.  It shall be unlawful for any person to apply any restricted-use pesticide for which regulations have been adopted, except as provided in such regulations.

      Sec. 14.  NRS 586.010 is hereby amended to read as follows:

      586.010  NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act may be cited as the Nevada [Economic Poisons] Pesticides Act.

      Sec. 15.  NRS 586.020 is hereby amended to read as follows:

      586.020  For the purposes of NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act, the words and terms defined in NRS 586.030 to 586.220, inclusive, shall have the meanings ascribed to them therein unless the context otherwise requires.


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ê1971 Statutes of Nevada, Page 1134 (Chapter 543, AB 281)ê

 

and sections 2 to 13, inclusive, of this act, the words and terms defined in NRS 586.030 to 586.220, inclusive, shall have the meanings ascribed to them therein unless the context otherwise requires.

      Sec. 16.  NRS 586.030 is hereby amended to read as follows:

      586.030  “Active ingredient” means [an ingredient which will prevent, destroy, repel or mitigate insects, fungi, rodents, weeds or other pests.] in the case of:

      1.  A pesticide, other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel or mitigate insects, nematodes, fungi, rodents, weeds or other pests.

      2.  A plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof.

      3.  An defoliant, an ingredient which will cause the leaves or foliage to drop from a plant.

      4.  A desiccant, an ingredient which will artificially accelerate the drying of plant tissue.

      Sec. 17.  NRS 586.040 is hereby amended to read as follows:

      586.040  “Adulterated” shall apply to any [economic poison] pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted.

      Sec. 18.  NRS 586.060 is hereby amended to read as follows:

      586.060  “Device” means any instrument or contrivance intended for trapping, destroying, repelling or mitigating insects or rodents, or destroying, repelling or mitigating fungi or weeds, or such other pests as may be designated by the executive director, but not including equipment used for the application of [economic poisons] pesticides when sold separately therefrom.

      Sec. 19.  NRS 586.080 is hereby amended to read as follows:

      586.080  [“Economic poison” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects, rodents, fungi, weeds or other forms of plantlife or animal life or viruses, except viruses on or in living man or other animals, which the executive director shall declare to be a pest.] “Pesticide” means, but is not limited to:

      1.  Any substance or mixture of substances, including any living organisms or any product derived therefrom or any fungicide, herbicide, insecticide, nematocide or rodenticide, intended to prevent, destroy, control, repel, attract or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and any other form of plant or animal life or virus (except virus on or in living man or other animals) which is normally considered to be a pest or which the executive director may declare to be a pest.

      2.  Any substance or mixture of substances intended to be used as a plant regulator, defoliant, desiccant, and any other substances intended for such use as may be named by the executive director by regulation after calling a public hearing for such purpose.

      Sec. 20.  NRS 586.120 is hereby amended to read as follows:

      586.120  “Ingredient statement” means either:


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ê1971 Statutes of Nevada, Page 1135 (Chapter 543, AB 281)ê

 

      1.  A statement of the name and amount by percentage of weight of each active ingredient, together with the total amount by percentage of weight of the inert ingredients, in the [economic poison;] pesticide; or

      2.  A statement of the name of each active ingredient, together with the name of each and total amount by percentage of weight of the inert ingredients, if any there be, in the [economic poison] pesticide (except subsection 1 shall apply if the preparation is highly toxic to man, determined as provided in NRS 586.310); and

      3.  In addition to subsections 1 and 2, in case the [economic poison] pesticides contains arsenic, lead or mercury in any form, a statement of the percentages of weights of total and water-soluble arsenic, lead or mercury, each calculated as elemental arsenic [.] , lead or mercury.

      Sec. 21.  NRS 586.160 is hereby amended to read as follows:

      586.160  “Label” means the written, printed or graphic matter on or attached to the [economic poison] pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the [economic poison] pesticide or device.

      Sec. 22.  NRS 586.170 is hereby amended to read as follows:

      586.170  “Labeling” means all labels and other written, printed or graphic matter:

      1.  Upon the [economic poison] pesticide or device or any of its containers or wrappers; or

      2.  Accompanying the [economic poison] pesticide or device at any time; or

      3.  To which reference is made on the label or in literature accompanying the [economic poison] pesticide or device, except when accurate, nonmisleading reference is made to current official publications of the United States Departments of Agriculture or Interior, the United States Public Health Service, state experiment stations, state agricultural colleges, or other similar federal institutions or official agencies of this state or other states authorized by law to conduct research in the field of [economic poisons.] pesticides.

      Sec. 23.  NRS 586.180 is hereby amended to read as follows:

      586.180  “Misbranded” shall apply:

      1.  To any [economic poison] pesticide or device if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.

      2.  To any [economic poison:] pesticide:

      (a) If it is an imitation of, or is offered for sale under the name of, another [economic poison;] pesticide;

      (b) If its labeling bears any reference to registration under NRS 586.010 to 586.450, inclusive [;] , and sections 2 to 13, inclusive, of this act;

      (c) If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, adequate for the protection of the public;

      (d) If the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to living man and other vertebrate animals;

      (e) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;

 


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ê1971 Statutes of Nevada, Page 1136 (Chapter 543, AB 281)ê

 

container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;

      (f) If any word, statement or other information required by or under the authority of NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act, to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or

      (g) If in the case of [an insecticide, fungicide or herbicide,] a pesticide, when used as directed, or in accordance with commonly recognized practice, it shall be injurious to living man or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such [economic poison.] pesticide.

      (h) If in the case of a plant regulator, defoliant or desiccant, when used as directed, it shall be injurious to man or other vertebrate animals, or vegetation to which it is applied; but physical or physiological effects on plants or parts thereof shall not be deemed to be injury when this is the purpose for which the plant regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations.

      Sec. 24.  NRS 586.200 is hereby amended to read as follows:

      586.200  “Registrant” means the person registering any [economic poison] pesticide pursuant to the provisions of NRS 586.010 to 586.450, inclusive [.] , and sections 2 to 13, inclusive, of this act.

      Sec. 25.  NRS 586.230 is hereby amended to read as follows:

      586.230  Jurisdiction in all matters pertaining to the distribution, sale and transportation of [economic poisons] pesticides and devices is by NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act, vested exclusively in the executive director.

      Sec. 26.  NRS 586.250 is hereby amended to read as follows:

      586.250  1.  Every [economic poison] pesticide which is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the executive director and such registration shall be renewed annually.

      2.  Products which have the same formula and are manufactured by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same [economic poison] pesticide may be registered as a single [economic poison.] pesticide. Additional names and labels shall be added by supplemental statements during the current period of registration.

      Sec. 27.  NRS 586.260 is hereby amended to read as follows:

      586.260  1.  The registrant shall file with the executive director a statement including:

      (a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant.

      (b) The name of the [economic poison.] pesticide.

      (c) A complete copy of the labeling accompanying the [economic poison] pesticide and a statement of all claims to be made for it, including directions for use.


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ê1971 Statutes of Nevada, Page 1137 (Chapter 543, AB 281)ê

 

poison] pesticide and a statement of all claims to be made for it, including directions for use.

      (d) If requested by the executive director, a full description of the tests made and the results thereof upon which the claims are based.

      2.  In case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the [economic poison] pesticide was registered or last reregistered.

      Sec. 28.  NRS 586.270 is hereby amended to read as follows:

      586.270  The registrant shall pay an annual registration fee in an amount fixed by the executive director not to exceed [$10] $20 for each [economic poison] pesticide registered up to [10] five brands and not to exceed [$5] $10 for each additional brand registered.

      Sec. 29.  NRS 586.280 is hereby amended to read as follows:

      586.280  1.  Whenever the executive director deems it necessary in the administration of NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act, he may require the submission of the complete formula of any [economic poison.] pesticide.

      2.  If it appears to the executive director that the composition of the article is such as to warrant the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of NRS 586.350 to 586.410, inclusive, and sections 12 and 13, inclusive, of this act, he shall register the article.

      Sec. 30.  NRS 586.290 is hereby amended to read as follows:

      586.290  1.  If it does not appear to the executive director that the article is such as to warrant the proposed claims for it, or if the article and its labeling and other material required to be submitted do not comply with the provisions of NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act, he shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fails to comply with NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act, so as to afford him an opportunity to make the necessary corrections.

      2.  In no event shall registration of an article be construed as a defense for the commission of any offense prohibited under NRS 586.350 to 586.410, inclusive [.] and sections 12 and 13 of this act.

      Sec. 31.  NRS 586.300 is hereby amended to read as follows:

      586.300  Notwithstanding any other provision of NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act, registration is not required in the case of [an economic poison] a pesticide shipped from one plant within this state to another plant within this state operated by the same person.

      Sec. 32.  NRS 586.310 is hereby amended to read as follows:

      586.310  The executive director is authorized, after opportunity for a hearing:

      1.  To declare as a pest any form of plantlife or animal life or virus which is injurious to plants, men, domestic animals, articles or substances.

      2.  To determine whether [economic poisons] pesticides are highly toxic to men.


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ê1971 Statutes of Nevada, Page 1138 (Chapter 543, AB 281)ê

 

      3.  To determine standards of coloring or discoloring for [economic poisons,] pesticides, and to subject [economic poisons] pesticides to the requirements of NRS 586.380.

      Sec. 33.  NRS 586.330 is hereby amended to read as follows:

      586.330  In order to avoid confusion endangering the public health resulting from diverse requirements, particularly as to the labeling and coloring of [economic poisons,] pesticides, and to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such [poisons,] pesticides, it is desirable that there should be uniformity between the requirements of the several states and the Federal Government relating to [such poisons.] pesticides. To this end the executive director is authorized, after due public hearing, to adopt by regulation such regulations applicable to and in conformity with the primary standards established by NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act, as have been or may be prescribed in the United States Department of Agriculture with respect to [economic poisons.] pesticides.

      Sec. 34.  NRS 586.350 is hereby amended to read as follows:

      586.350  It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any [economic poison] pesticide which has not been registered pursuant to the provisions of NRS 586.250 to 586.300, inclusive, or any [economic poison] pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of [an economic poison] a pesticide differs from its composition as represented in connection with its registration; but, in the discretion of the executive director, a change in the labeling or formula of [an economic poison] a pesticide may be made within a registration period without requiring reregistration of the product.

      Sec. 35.  NRS 586.360 is hereby amended to read as follows:

      586.360  It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any [economic poison] pesticide unless it is in the registrant’s or the manufacturer’s unbroken immediate container and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one through which the required information on the immediate container cannot be clearly read, a label bearing:

      1.  The name and address of the manufacturer, registrant or person for whom manufactured.

      2.  The name, brand or trade-mark under which the article is sold.

      3.  The net weight or measure of the content, subject, however, to such reasonable variations as the executive director may permit.

      Sec. 36.  NRS 586.370 is hereby amended to read as follows:

      586.370  It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any [economic poison] pesticide which contains any substance or substances in quantities highly toxic to man, determined as provided in NRS 586.310, unless the label shall bear, in addition to any other matter required by NRS 586.010 to 586.450, inclusive:

 


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ê1971 Statutes of Nevada, Page 1139 (Chapter 543, AB 281)ê

 

substance or substances in quantities highly toxic to man, determined as provided in NRS 586.310, unless the label shall bear, in addition to any other matter required by NRS 586.010 to 586.450, inclusive:

      1.  The skull and crossbones.

      2.  The word “poison” prominently, in red, on a background of distinctly contrasting color.

      3.  A statement of an antidote for the [economic poison.] pesticide.

      Sec. 37.  NRS 586.380 is hereby amended to read as follows:

      586.380  1.  It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state the [economic poisons] pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium [fluosilicate, and barium fluosilicate,] fluorosilicate, and barium fluorosilicate, and those containing mercurial compounds, unless they have been distinctly colored or discolored as provided by regulations issued in accordance with NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act, or any other white powder [economic poison] pesticide which the executive director, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall by regulation require to be distinctly colored or discolored, unless it has been so colored or discolored.

      2.  The executive director may exempt any [economic poison] pesticide to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if he determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health.

      Sec. 38.  NRS 586.390 is hereby amended to read as follows:

      586.390  It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any [economic poison] pesticide which is adulterated or misbranded or any device which is misbranded.

      Sec. 39.  NRS 586.400 is hereby amended to read as follows:

      586.400  It shall be unlawful for any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act, or regulations promulgated thereunder, or to add any substance to, or take any substance from, [an economic poison] a pesticide in a manner that may defeat the purpose of NRS 586.010 to 586.450, inclusive.

      Sec. 40.  NRS 586.420 is hereby amended to read as follows:

      586.420  1.  The penalties provided for violations of NRS 586.350 to 586.390, inclusive, and sections 12 and 13 of this act, shall not apply to:

      (a) Any carrier while lawfully engaged in transporting [an economic poison] a pesticide within this state, if such carrier shall, upon request, permit the executive director or his designated agent to copy all records showing the transactions in and movement of the articles.

      (b) Public officials of this state and the Federal Government engaged in the performance of their official duties.


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ê1971 Statutes of Nevada, Page 1140 (Chapter 543, AB 281)ê

 

      (c) The manufacturer or shipper of [an economic poison] a pesticide for experimental use only:

             (1) By or under the supervision of an agency of this state or of the Federal Government authorized by law to conduct research in the field of [economic poisons;] pesticides; or

             (2) By others if the [economic poison] pesticide is not sold and if the container thereof is plainly and conspicuously marked “For experimental use only-Not to be sold,” together with the manufacturer’s name and address; but if a written permit has been obtained from the executive director, [economic poisons] pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit.

      2.  No article shall be deemed in violation of NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act, when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act, shall apply.

      Sec. 41.  NRS 586.430 is hereby amended to read as follows:

      586.430  1.  The examination of [economic poisons] pesticides or devices shall be made under the direction of the executive director for the purpose of determining whether they comply with the requirements of NRS 586.010 to 586.450, inclusive [.] and sections 2 to 13, inclusive, of this act. If it shall appear from such examination that [an economic poison] a pesticide or device fails to comply with the provisions of NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act and the executive director contemplates instituting criminal proceedings against any person, the executive director shall cause appropriate notice to be given to such person. Any person so notified shall be given an opportunity to present his views, either orally or in writing, with regard to such contemplated proceedings, and if thereafter in the opinion of the executive director it shall appear that the provisions of NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act have been violated by such person, then the executive director shall refer the facts to the district attorney of the county in which the violation shall have occurred with a copy of the results of the analysis or the examination of such article. Nothing in NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act shall be construed as requiring the executive director to report any act or failure to act for prosecution or for the institution of libel proceedings, or to report minor violations of NRS 586.010 to 586.450, inclusive, and sections 2 to 13, inclusive, of this act whatever he believes that the public interest will be best served by a suitable notice of warning in writing.

      2.  Each district attorney to whom any such violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of proper jurisdiction without delay.

      3.  The executive director shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of NRS 586.010 to 586.450, inclusive [.] , and sections 2 to 13, inclusive, of this act.


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ê1971 Statutes of Nevada, Page 1141 (Chapter 543, AB 281)ê

 

      Sec. 42.  NRS 586.440 is hereby amended to read as follows:

      586.440  1.  Any [economic poison] pesticide or device that is distributed, sold or offered for sale within the State of Nevada or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be liable to be proceeded against in any district court in any county of this state where it may be found and seized for confiscation by process of libel for condemnation:

      (a) In the case of [an economic poison:] a pesticide:

            (1) If it is adulterated or misbranded.

             (2) If it has not been registered under the provisions of NRS 586.250 to 586.300, inclusive.

             (3) If it is a white powder [economic poison] pesticide and is not colored as required under NRS 586.010 to 586.450, inclusive [.] , and sections 2 to 13, inclusive, of this act.

             (4) If it fails to bear on the label the information required by sections 2 to 13, inclusive, of this act.

      (b) In the case of a device, if it is misbranded.

      2.  If the article is condemned, it shall, after the entry of the decree, be disposed of by destruction or sale as the court may direct, and the proceeds shall be paid to the state treasurer and deposited in the general fund. The article seized shall not be sold or destroyed contrary to the provisions of NRS 586.010 to 586.450, inclusive. The article shall not be sold or destroyed if the owner thereof pays the costs of condemnation and executes a good and sufficient bond conditioned that the article shall not be disposed of unlawfully. The court shall then order that the article condemned shall be delivered to the owner thereof for relabeling or reprocessing as the case may be.

      3.  When a decree of condemnation is entered against the article, court costs, fees and storage charges and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article.

      Sec. 43.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________

 

 

CHAPTER 544, AB 616

Assembly Bill No. 616–Committee on Transportation

CHAPTER 544

AN ACT relating to traffic laws; defining U-turns and regulating the making of such turns; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “U-turn” means the turning of a vehicle upon a highway so as to proceed in the opposite direction, whether accomplished by one continuous movement or not.


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ê1971 Statutes of Nevada, Page 1142 (Chapter 544, AB 616)ê

 

      Sec. 2.  NRS 484.337 is hereby amended to read as follows:

      484.337  1.  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.

      2.  This section does not prohibit a U-turn on roads where such turns can be made with safety.] make a U-turn upon any highway in a business district except on a divided highway where an opening has been provided in accordance with NRS 484.309.

      2.  The driver of a vehicle shall not make a U-turn at any intersection controlled by an official traffic-control device.

      3.  The provisions of subsections 1 and 2 shall not apply where such U-turn is permitted by an official traffic-control device.

      4.  A U-turn may be made on any road where such turn can be made with safety, except as prohibited by this section and by the provisions of NRS 484.309 and 484.339.

      5.  Notwithstanding the foregoing provisions of this section, local authorities may prohibit U-turns in residential districts within their jurisdiction or at any other location where an official traffic-control device is erected and maintained.

 

________

 

 

CHAPTER 545, SB 518

Senate Bill No. 518–Committee on Federal, State and Local Governments

CHAPTER 545

AN ACT incorporating the City of Sparks in Washoe County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  The charter of the City of Sparks is as follows. Each section of the charter shall be deemed to be a section of this act for the purpose of any subsequent amendment.

 

ARTICLE I

 

Incorporation of City; General Powers; Boundaries; Wards and Annexations; City Offices

 

      Section 1.010  Preamble: Legislative intent.

      1.  In order to provide for the orderly government of the City of Sparks and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of Sparks. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the express purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the charter.


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

ê1971 Statutes of Nevada, Page 1143 (Chapter 545, SB 518)ê

 

be liberally construed to carry out the express purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the charter.

      2.  Any powers expressly granted by this charter are in addition to any powers granted to a city by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this charter, chapters 265, 266 or 267 of NRS) which are not in conflict with the provisions of this charter apply to the City of Sparks.

      Sec. 1.020  Incorporation of city.

      1.  All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 shall constitute a political and corporate body by the name of “City of Sparks” and by that name they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.

      2.  Whenever used throughout this charter, “city” means the City of Sparks.

      Sec. 1.030  Description of territory.  The territory embraced in the city is that certain land described in that official plat required by NRS 234.250 to be filed with the county recorder and the county assessor of Washoe County, as such plat is revised from time to time.

      Sec. 1.040  Wards: Creation; boundaries.

      1.  The city shall be divided into five wards, which shall be as nearly equal in registered voters as can be conveniently provided, and the territory comprising each ward shall be contiguous.

      2.  The boundaries of wards shall be established and changed by ordinance, passed by a vote of at least three-fifths of the city council. The boundaries of wards shall be changed whenever the number of electors registered at the time of the last preceding general election in any ward exceeds the number of electors registered in any other ward by more than 25 percent.

      Sec. 1.050  Annexations.  The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to counties having a population of less than 200,000.

      Sec. 1.060  Elective offices.

      1.  The elective officers of the city consist of:

      (a) A mayor.

      (b) Five councilmen.

      (c) A municipal judge.

      (d) A city attorney.

      (e) A city clerk.

      2.  Such officers shall be elected as provided by this charter.

      Sec. 1.070  Elective offices: Vacancies.

      1.  A vacancy in the city council or in the office of city clerk, city attorney or municipal judge shall be filled by the mayor, subject to confirmation by the city council, or the remaining members of the city council in the case of a vacancy in such council, within 30 days after the occurrence of such vacancy. The appointee shall have the same qualifications as are required of the elective official.


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ê1971 Statutes of Nevada, Page 1144 (Chapter 545, SB 518)ê

 

      2.  The appointee shall serve the balance of the term of office to which he is appointed and until his successor is duly elected and qualified.

      Sec. 1.080  Appointive offices.  The city council of the city shall appoint a city manager and may establish such other appointive offices as it may deem necessary for the operation of the city. Appointment of such officers shall be made by the city manager, subject to ratification of the city council. Such officers shall include:

      1.  Director of finance.

      2.  Chief of police.

      3.  Fire chief.

      4.  Director of the department of parks and recreation.

      5.  Director of the department of public works.

      6.  Director of personnel and services.

      7.  Such other officers as may be necessary.

      Sec. 1.090  Appointive officers: Miscellaneous provisions.

      1.  All appointive officers shall perform such duties as may be designated by the city manager and such other duties as may be directed by the city council.

      2.  The city council may require from all other officers and employees of the city constituted or appointed under this charter, except councilmen, sufficient security for the faithful and honest performance of their respective duties.

      3.  All appointive officers of the city shall receive such salary as may be designated by the city council.

      Sec. 1.100  Mayor and councilmen not to hold other office.

      1.  The mayor and councilmen shall not:

except as provided by law or as a member of a board or commission for

      (a) Hold any other elective office with Washoe County or the city, which no compensation is received.

      (b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the city council until 1 year after the expiration of the term for which such person was elected.

      2.  Any person holding any office proscribed by subsection 1 shall automatically forfeit his office as mayor or councilman.

      Sec. 1.110  Departments: City manager’s direction.  All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer subject to the direction and supervision of the city manager.

      Sec. 1.120  Oath of office.  Every person elected or appointed to fill any office shall subscribe to the official oath as provided by the city council. Every such person shall swear or affirm that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government.

 

ARTICLE II

 

Legislative Department

 

      Sec. 2.010  City council: Qualifications; election; term of office; salary.


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ê1971 Statutes of Nevada, Page 1145 (Chapter 545, SB 518)ê

 

      1.  The legislative power of the city is vested in a city council consisting of five councilmen and a mayor.

      2.  The mayor and councilmen shall be:

      (a) Bona fide residents of the city for at least 3 years immediately prior to their election.

      (b) Registered voters within the city and taxpayers on real property located within the city for at least 3 years immediately prior to their election.

      (c) At least 25 years of age.

      (d) Citizens of the United States.

      3.  All councilmen and the mayor shall be voted upon at a general election by the registered voters of the city at large and, except as provided in section 5.010, shall serve for terms of 4 years.

      4.  The mayor and councilmen shall receive a salary in an amount fixed by the city council. Such salary shall not be increased or diminished during the term of the recipient.

      Sec. 2.020  City council: Discipline of members, other persons; subpena power.

      1.  The city council may:

      (a) Provide for the punishment of any member for disorderly conduct committed in its presence.

      (b) Order the attendance of witnesses and the production of all papers relating to any business before the city council.

      2.  If any person ordered to appear before the city council fails to obey such order:

      (a) The city council may apply to the clerk of the district court for a subpena commanding the attendance of the person before the city council.

      (b) Such clerk may issue the subpena, and any peace officer may serve it.

      (c) If the person upon whom the subpena is served fails to obey it, the court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.

      Sec. 2.030  Meetings: Quorum.

      1.  The city council shall hold at least two regular meetings each month, and by ordinance may provide for additional regular meetings.

      2.  A majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.

      3.  Except as otherwise provided by law, all sessions and all proceedings of the city council shall be public.

      Sec. 2.040  Meetings: Special.

      1.  Special meetings may be held on call of the mayor or by a majority of the city council.

      2.  At a special meeting, unless consented to by the entire city council:

      (a) No contract involving the expenditure of money may be made or claim allowed unless notice of the meeting called to consider such action is published in a newspaper of general circulation within the city at least 1 day before such meeting.

      (b) No business may be transacted except such as has been stated in the call of the meeting.


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ê1971 Statutes of Nevada, Page 1146 (Chapter 545, SB 518)ê

 

      (c) No ordinance may be passed except an emergency ordinance, or one specified in section 7.030.

      Sec. 2.050  Meetings: Time and place; rules.  The city council may:

      1.  Fix the time and place of its meetings and judge the qualifications and election of its own members.

      2.  Adopt rules for the government of its members and proceedings.

      Sec. 2.060  Oaths and affirmations.  The mayor, each councilman and the city clerk may administer oaths and affirmations relating to any business pertaining to the city before the city council or to be considered by the city council.

      Sec. 2.070  Powers of city council: Ordinances, resolutions and orders.

      1.  The city council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.

      2.  When power is conferred upon the city council to do and perform anything, and the manner of exercising such power is not specifically provided for, the city council may provide by ordinance the manner and details necessary for the full exercise of such power.

      3.  The city council may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.

      4.  The city council shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred upon the governing bodies of cities by Nevada Revised Statutes.

      5.  The salary of an elective officer shall not be increased or diminished during the term for which he is elected or appointed.

      Sec. 2.080  Ordinances: Passage by bill; amendments; subject matter; title requirements.

      1.  No ordinance may be passed except by bill and by a majority vote of the whole city council. The style of all ordinances shall be as follows: “The City Council of the City of Sparks does ordain:”.

      2.  No ordinance shall contain more than one subject, which shall be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.

      3.  Any ordinance which amends an existing ordinance shall set out in full the ordinance or sections thereof to be amended, and shall indicate matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.

      Sec. 2.090  Ordinances: Enactment procedure; emergency ordinances.

      1.  All proposed ordinances when first proposed shall be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance shall be filed with the city clerk for public inspection. Except as otherwise provided in subsection 3, notice of such filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published at least 1 week prior to the adoption of the ordinance.

      2.  At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the city council.


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ê1971 Statutes of Nevada, Page 1147 (Chapter 545, SB 518)ê

 

council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the city council. Thereafter, it shall be read as first introduced, or as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.

      3.  In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.

      4.  All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published for at least one publication, before the ordinance shall become effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.

      5.  The city clerk shall record all ordinances together with the affidavits of publication by the publisher.

      Sec. 2.100  Powers of city council: Public property, buildings.

      1.  The city council may:

      (a) Control the property of the corporation.

      (b) Erect and maintain all buildings necessary for the use of the city.

      (c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the city, improve and protect such property, and do all other things in relation thereto which natural persons might do.

      2.  The city council may not, except as otherwise specifically provided by this charter or any other law, mortgage, hypothecate or pledge any property of the city for any purpose.

      Sec. 2.110  Powers of city council: Eminent domain.  The city council may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.

      Sec. 2.120  Powers of city council: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The city council may:

      (a) Regulate all businesses, trades and professions.

      (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      Sec. 2.130  Powers of city council: Police ordinances.

      1.  The city council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.

      2.  Any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the city whenever such offense is committed within the city.

      Sec. 2.140  Powers of city council: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations.  The city council may:

      1.  Organize, regulate and maintain a fire department.


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

ê1971 Statutes of Nevada, Page 1148 (Chapter 545, SB 518)ê

 

      2.  Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept.

      3.  Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.

      Sec. 2.150  Powers of city council: Public health, board of health; regulations.  The city council may:

      1.  Provide for safeguarding public health in the city.

      2.  Create a board of health to be directed by the health officer, and prescribe the powers and duties of such board.

      3.  Provide for the enforcement of all regulations and quarantines established by the board of health by imposing adequate penalties for violations thereof.

      Sec. 2.160  Powers of city council: Buildings; construction and maintenance regulations; building and safety codes.  The city council may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

      2.  Adopt any building or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary.

      Sec. 2.170  Powers of city council: Zoning and planning.

      1.  The city council may:

      (a) Divide the city into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within such districts.

      (b) Establish and adopt ordinances and regulations relating to the subdivision of land.

      2.  The city council shall carry out the provisions of subsection 1 in the manner prescribed by chapter 278 of NRS, as amended from time to time.

      Sec. 2.180  Powers of city council: Rights-of-way, parks, public buildings and grounds and other public places.  The city council may:

      1.  Lay out, maintain, alter, improve or vacate all public rights-of-way in the city.

      2.  Regulate the use of public parks, buildings, grounds and rights-of-way and prevent the unlawful use thereof.

      3.  Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.

      4.  Regulate and prevent in all public places:

      (a) The distribution and exhibition of handbills or signs.

      (b) Any practice tending to annoy persons passing in such public places.

      (c) Public demonstrations and processions.

      5.  Prevent riots or any act tending to promote riots in any public place.

      Sec. 2.190  Powers of city council: Traffic control.  The city council may, by ordinance, regulate:

      1.  All vehicular, pedestrian and other traffic within the city and provide generally for the public safety on public streets and rights-of-way.


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ê1971 Statutes of Nevada, Page 1149 (Chapter 545, SB 518)ê

 

      2.  The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.

      Sec. 2.200  Powers of city council: Parking meters; off-street public parking facilities.

      1.  The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the city council.

      2.  Except as otherwise provided by this charter, the city council may acquire property within the city by any lawful means except eminent domain for the purpose of establishing off-street public parking facilities for vehicles. The city council may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The city council may, in such bonds, pledge the on-street parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

      Sec. 2.210  Powers of city council: Railroads.  The city council may:

      1.  License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right-of-way.

      2.  Grant franchises to any person or corporation to operate a railroad or streetcar upon public rights-of-way and adjacent property.

      3.  Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right-of-way.

      4.  Condemn rights-of-way for any purpose across any railroad right-of-way.

      5.  Prescribe the length of time any public right-of-way may be obstructed by trains standing thereon.

      6.  Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.

      Sec. 2.220  Powers of city council: Nuisances.  The city council may:

      1.  Determine by ordinance what shall be deemed nuisances.

      2.  Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances.

      3.  Provide that such expense of removal shall be a lien upon the property upon which the nuisance is located. Such lien shall:

      (a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.

      (b) Be coequal with the latest lien thereon to secure the payment of general taxes.

      (c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

      (d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      4.  Provide any other penalty or punishment of persons responsible for such nuisances.


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ê1971 Statutes of Nevada, Page 1150 (Chapter 545, SB 518)ê

 

      Sec. 2.230  Powers of city council: Animals and poultry.  The city council may:

      1.  Fix, impose and collect an annual license fee on all animals and provide for the capture and disposal of all animals on which the tax is not paid.

      2.  Regulate or prohibit the keeping or running at large or disposal of all kinds of animals and poultry.

      3.  Establish a pound, appoint a poundkeeper and prescribe his duties.

      4.  Prohibit cruelty to animals.

      Sec. 2.240  Powers of city council: Abatement of noxious insects, rats and disease-bearing organisms. The city council may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the city or in territory outside the city but so situated that such insects, rats and disease-bearing organisms migrate or are carried into the city.

      Sec. 2.250  Powers of city council: Sanitary sewer facilities.  The city council may:

      1.  Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.

      2.  Sell any product or byproduct thereof and acquire the appropriate outlets within or without the city and extend the sewerlines thereto.

      3.  Establish sewer fees and provide for the enforcement and collection thereof.

      Sec. 2.260  Powers of city council: Provision of utilities.  The city council may:

      1.  Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

      2.  Provide for the construction of any facility necessary for the provision of such utilities.

      3.  Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

      (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

      (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

      (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      Sec. 2.270  Powers of city council: Cemeteries; acquisition and maintenance.  The city council may, by any lawful means, acquire and maintain property for public use as a cemetery.

 

ARTICLE III

 

Executive Department

 

      Sec. 3.010  Mayor: Duties; mayor pro tempore.

      1.  The mayor shall:


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

ê1971 Statutes of Nevada, Page 1151 (Chapter 545, SB 518)ê

 

      (a) Preside over the meetings of the city council, but he may vote only in case of a tie.

      (b) Be recognized as the head of the city government for all purposes.

      (c) Perform such emergency duties as may be necessary for the general health, welfare and safety of the city.

      (d) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor.

      2.  The mayor may exercise the right of veto upon all matters except claims against the city passed by the city council. Such vetoes may be overturned only by a vote of at least four-fifths of the city council. No action requiring the expenditure of money shall be effective without the approval of the mayor unless he does not disapprove such action within 5 days after it is taken by the city council.

      3.  The city council shall elect one of its members to be mayor pro tempore. Such person shall:

      (a) Hold such office and title, without additional compensation, during the term for which he was elected.

      (b) Perform the duties of mayor during the absence or disability of the mayor.

      Sec. 3.020  City manager: Appointment; duties.

      1.  The city manager shall perform such administrative and executive duties as the city council may designate. His salary shall be fixed by the city council.

      2.  The city manager may appoint such clerical and administrative assistants as he may deem necessary, subject to the approval of the city council.

      Sec. 3.030  City clerk: Duties.  The city clerk shall:

      1.  Keep the corporate seal and all books and papers belonging to the city.

      2.  Attend all meetings of the city council 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 city council, the city clerk shall attest the journal after it has been signed by the mayor.

      3.  Enter upon the journal the result of the vote of the city council upon all official business.

      4.  Perform such other duties as may be required by the city council.

      Sec. 3.040  City attorney: Qualifications; duties.

      1.  The city attorney shall be a duly licensed member of the State Bar of Nevada but he need not be a resident of the city.

      2.  The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance.

      3.  The city attorney shall be a citizen of the United States.

      4.  The city attorney shall receive a salary in an amount fixed by the city council.

      5.  Receive a salary in an amount fixed by the city council.

      Sec. 3.050  County assessor to be ex officio city assessor; duties.

      1.  The county assessor of Washoe County shall be ex officio city assessor of the city. The county assessor shall perform such duties for the city without additional compensation.

      2.  Upon request of the ex officio city assessor, the city council may appoint and set the salary of a deputy city assessor to perform such duties relative to city assessments as may be deemed necessary.


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ê1971 Statutes of Nevada, Page 1152 (Chapter 545, SB 518)ê

 

appoint and set the salary of a deputy city assessor to perform such duties relative to city assessments as may be deemed necessary.

      Sec. 3.060  Director of finance: Qualifications.  The director of finance shall:

      1.  Be a graduate of an accredited college or university with a bachelor’s degree in accounting, finance, economics or a related field.

      2.  Have a minimum of 5 years of progressively responsible supervisory experience.

      3.  Have a broad knowledge in the field of finance, accounting and economics with specific knowledge in the field of government accounting and finance.

      4.  Be a citizen of the United States.

      Sec. 3.070  Bond of director of finance.  The director of finance shall be liable and accountable on his official bond for the performance of his duties under the provisions of this charter, and the city council may require from him such additional security as may be necessary from time to time.

      Sec. 3.080  Chief of police: Qualifications; duties; salary.  The chief of police shall:

      1.  Be a citizen of the United States.

      2.  Be not less than 30 years of age.

      3.  Have been actively engaged in law enforcement work for at least 5 years continuously and immediately preceding his appointment. Three years of such experience shall have been in a supervisory capacity.

      Sec. 3.090  Fire chief: Qualifications; duties; salary.  The fire chief shall:

      1.  Be at least 30 years of age.

      2.  Have at least 5 continuous years’ experience in fire prevention or fire protection work immediately preceding his appointment.

      3.  Be a citizen of the United States.

      Sec. 3.100  Director of department of parks and recreation: Qualifications.  The director of parks and recreation shall:

      1.  Be a graduate of an accredited college or university, holding a bachelor’s degree in forestry, recreation, physical education or a related field.

      2.  Have a minimum of 3 years of progressively responsible supervisory experience in the field of parks and recreation.

      3.  Be a citizen of the United States.

      Sec. 3.110  Director of department of public works: Qualifications; duties; salary.  The director of the department of public works shall:

      1.  Be registered as a civil engineer under the laws of this state for at least 2 years prior to his appointment.

      2.  Have been engaged in the practice of civil engineering for at least 5 years prior to his appointment.

      3.  Be a citizen of the United States.

      Sec. 3.120  Director of personnel and services: Qualifications.  The director of personnel and services shall:

      1.  Have a knowledge of the principles, practices and techniques of personnel management, electronic data processing and municipal purchasing.


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

ê1971 Statutes of Nevada, Page 1153 (Chapter 545, SB 518)ê

 

      2.  Have a minimum of 5 years of progressively responsible supervisory practice.

      3.  Be a citizen of the United States.

      Sec. 3.130  City officers: Duties restricted and altered.  The city council may prescribe by ordinance the powers and duties of all city officers, where such powers and duties have not been established by this charter, and may add to, alter or restrict such powers and duties.

      Sec. 3.140  City officers: Collection and disposition of moneys.

      1.  All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person pursuant to the provisions of this charter or of any valid ordinance of the city shall be paid by the officer or person collecting or receiving them to the city clerk, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the city council.

      2.  The city council may by proper legal action collect all moneys which are due and unpaid to the city or any office thereof, and the city council may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.

      Sec. 3.150  Interference by city council.

      1.  The mayor or councilmen shall not dictate the appointment, suspension or removal of any city administrative officer or employee appointed by the city manager or his subordinates unless the city council fully and freely discusses the matter with the city manager. No person covered by the rules and regulations of the civil service commission may be appointed, suspended or removed except as provided in such rules and regulations.

      2.  The city council shall not direct the activity of a city official or employee on a matter pertaining to city business but shall deal through the city manager.

      Sec. 3.160  Removal of officers.  If any officer is adjudged guilty of any nonfeasance, misfeasance or malfeasance in office by any court of competent jurisdiction, the city council may declare the office vacant and fill the vacancy so caused, as provided by law.

 

ARTICLE IV

 

Judicial Department

 

      Sec. 4.010  Municipal court.  There shall be a municipal court of the city to which the provisions of chapters 5 and 266 of NRS, relating to municipal courts, as amended from time to time, shall apply.

      Sec. 4.020  Municipal court: Qualifications of municipal judge; salary.

      1.  The municipal court shall be presided over by a municipal judge, who shall be:

      (a) Not less than 25 years of age.

      (b) A citizen of the United States.

      (c) A resident of the city for a continuous 3-year period immediately preceding his election.

      (d) A registered voter for a continuous 3-year period immediately preceding his election.

 


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

ê1971 Statutes of Nevada, Page 1154 (Chapter 545, SB 518)ê

 

      (e) An owner of real property in the city for a 3-year period immediately preceding his election.

      2.  The salary of the municipal judge shall be fixed by the city council.

      Sec. 4.030  Intermittent periods of incarceration.  If a sentence of imprisonment is imposed by the municipal judge, the municipal judge may order intermittent periods of incarceration so long as the entire sentence will be completed within 6 months from the date of sentence. The periods of incarceration may be varied from time to time with consent of the defendant, but the total time of incarceration may not be increased.

      Sec. 4.040  Disposition of fines.  All fines and forfeitures for the violation of ordinances shall be paid into the treasury of the city in the manner to be prescribed by ordinance.

      Sec. 4.050  Additional imprisonment to satisfy fine or forfeiture.  Whenever a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, he shall be confined in the city or county jail, whichever is designated in his sentence of imprisonment, for an additional period of 1 day for each $6 of the amount until such fine or forfeiture is satisfied. He shall not be imprisoned beyond the maximum sentence for the offense for which he is confined.

 

ARTICLE V

 

Elections

 

      Sec. 5.010  General municipal elections.  A general municipal election shall be held in the city on the 1st Tuesday after the 1st Monday in June 1975, and on the same day every 4 years thereafter, at which time there shall be elected one mayor, one city clerk, councilmen as hereinbefore provided, one city attorney and one municipal judge. All candidates at the general municipal election shall be voted upon by the electors of the city at large.

      Sec. 5.020  Primary municipal elections; declaration of candidacy.

      1.  The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents.

      2.  If for any general municipal election there are three or more candidates for the offices of mayor, city clerk, city attorney or municipal judge, or three or more candidates from each ward for the office of councilman, a primary election for any such office shall be held on the Tuesday following the 1st Monday in May preceding such general election.

      3.  Candidates for the offices of mayor, city clerk, city attorney and municipal judge shall be voted upon by the registered voters of the city at large. Candidates for the office of councilman shall be voted upon by the registered voters of the ward in which they reside.

      4.  The names of the two candidates for mayor, city clerk, city attorney and municipal judge and the names of the two candidates for city councilman from each ward who receive the highest number of votes at the primary election shall be placed on the ballot for the general election.


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

ê1971 Statutes of Nevada, Page 1155 (Chapter 545, SB 518)ê

 

      Sec. 5.030  Applicability of state election laws; elections under city council control.

      1.  All elections held under this charter shall be governed by the provisions of the election laws of this state, so far as such laws can be made applicable and are not inconsistent herewith.

      2.  The conduct of all municipal elections shall be under the control of the city council. For the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the city council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.

      Sec. 5.040  Qualifications, registration of voters.

      1.  Every person who resides within the city at the time of holding any municipal election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at each municipal election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special city elections, except as otherwise provided in this article.

      2.  Nothing in this charter shall be so construed as to deny or abridge the power of the city council to provide for supplemental registration.

      Sec. 5.050  Names on ballots.  The full names of all candidates, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates’ legal names is allowed and the nicknames may be printed on the official ballots. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.

      Sec. 5.060  Ballots for ordinances and charter amendments.  An ordinance for charter amendment to be voted on in the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: “Shall the above described (ordinance) (amendment) be adopted?” The ballot or voting machine or device shall be so marked as to indicate clearly in what manner the voter may cast his vote, either for or against the ordinance or amendment.

      Sec. 5.070  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall provide the same upon payment therefor in an amount determined pursuant to the provisions of subsection 2 of NRS 293.440.

      Sec. 5.080  Watchers and challengers.  A candidate is entitled upon written application to the election authorities at least 5 days before the election to appoint two persons to represent him as watchers and challengers at each polling place where voters may cast their ballots for him. A person so appointed has all the rights and privileges prescribed by watchers and challengers under the election laws of this state.


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

ê1971 Statutes of Nevada, Page 1156 (Chapter 545, SB 518)ê

 

watchers and challengers under the election laws of this state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.

      Sec. 5.090  Voting machines.  The city council may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law or regulations of the secretary of state.

      Sec. 5.100  Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.

      1.  The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the city council.

      2.  The city council shall meet within 5 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the city council.

      3.  The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.

      4.  If any election should result in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The city clerk shall then issue to the winner a certificate of election.

      Sec. 5.110  Contest of election.  A contested election for any municipal office shall be determined according to the law of the state regulating proceedings in contested elections in political subdivisions.

 

ARTICLE VI

 

Local Improvements

 

      Sec. 6.010  Local improvement law.  The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain:

      1.  Curb and gutter projects;

      2.  Drainage projects;

      3.  Off-street parking projects;

      4.  Overpass projects;

      5.  Park projects;

      6.  Sanitary sewer projects;

      7.  Sidewalk projects;

      8.  Storm sewer projects;

      9.  Street projects;

      10.  Underpass projects;

      11.  Water projects; and

      12.  Underground utility and communication lines.

      Sec. 6.020  Local improvement law: Collateral powers.  The city council on behalf of the city for the purpose of defraying all the costs of acquiring or improving any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapter 271 of NRS, as amended from time to time.


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

ê1971 Statutes of Nevada, Page 1157 (Chapter 545, SB 518)ê

 

portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapter 271 of NRS, as amended from time to time.

 

ARTICLE VII

 

Local Bonds and Franchises

 

      Sec. 7.010  Debt limit.

      1.  The city shall not incur an indebtedness in excess of 20 percent of the total assessed valuation of the taxable property within the boundaries of the city.

      2.  In determining any debt limitation under this section, there shall not be counted as indebtedness:

      (a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.

      (b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the general fund to the city.

      (c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.

      Sec. 7.020  Acquisition, operation of municipal utilities.  The city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

      Sec. 7.030  Borrowing money.

      1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Law, as amended from time to time, applies to all securities so issued, except for securities issued under section 6.020.

      2.  The city council shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, and except for securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

      3.  Any property tax levied to pay the principal of or interest on such indebtedness authorized under subsection 2 shall be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive, as amended from time to time.

      4.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.


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

ê1971 Statutes of Nevada, Page 1158 (Chapter 545, SB 518)ê

 

      Sec. 7.040  Franchises.

      1.  Before granting any franchise the city council shall first adopt a resolution setting forth fully and in detail the applicant for, purpose and character of, terms and time and conditions of the proposed franchise. Such resolution shall be published in full in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published for at least two publications in the 2 weeks succeeding its adoption.

      2.  On the first regular meeting of the city council after the expiration of the period of such publication, the city council shall proceed to pass an ordinance for the granting of the franchise; but such franchise shall be granted only on substantially the same terms and conditions as expressed in the resolution as published. Otherwise such ordinance shall be void.

 

ARTICLE VIII

 

Revenue

 

      Sec. 8.010  Municipal taxes.

      1.  The city council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 1 3/4 percent upon the assessed value of all real and personal property within the city, except as provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this charter, be applicable to the levying, assessing and collecting of the municipal taxes.

      2.  In the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county.

      3.  All forms and blanks used in levying, assessing and collecting the revenues of the state and counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The city council shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.

      Sec. 8.020  Revenue ordinances.  The city council shall have full power to pass and enact all ordinances necessary to carry into effect the revenue laws in the city and to enlarge, fix and determine the powers and duties of all officers in relation thereto.

 

ARTICLE IX

 

Civil Service

 

      Sec. 9.010  Civil Service.

      1.  There is hereby created a civil service commission, applicable to and governing all employees of the city except department heads, the city manager and any elected officer.


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

ê1971 Statutes of Nevada, Page 1159 (Chapter 545, SB 518)ê

 

and governing all employees of the city except department heads, the city manager and any elected officer.

      2.  The civil service commission shall be governed and managed by a board composed of three commissioners appointed by the city council.

      3.  The board shall prepare rules and regulations governing the civil service commission to be adopted by the city council. Such rules and regulations shall provide for:

      (a) Examination of potential employees.

      (b) Recruitment and placement procedures.

      (c) Classification of positions.

      (d) Procedures for promotion, disciplinary actions and removal of employees.

      (e) Such other matters as the board may deem necessary.

      4.  Copies of the rules and regulations of the civil service commission shall be distributed to all employees of the city.

 

ARTICLE X

 

Miscellaneous Provisions

 

      Sec. 10.010  Severability of provisions.  If any portion of this charter is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this charter. The legislature hereby declares that it would have passed the charter and each portion thereof, irrespective of the portion which may be deemed unconstitutional or otherwise invalid.

      Sec. 10.020  Effect of enactment of charter.

      1.  All rights and property of every kind and description which were vested in the city prior to the enactment of this charter shall be vested in the same municipal corporation on the effective date of this charter. No right or liability, either in favor of or against such corporation existing at the time of becoming incorporated under this charter, and no action or prosecution shall be affected by such change, but it shall stand and progress as if no change had been made.

      2.  Whenever a different remedy is given by this charter, which may properly be made applicable to any right existing at the time of such city so becoming incorporated under this charter, such remedy shall be cumulative to the remedy before provided, and used accordingly.

      3.  All ordinances and resolutions in effect in the city prior to the effective date of this charter shall, unless in conflict with the provisions of this charter, continue in full force and effect until amended or repealed.

      4.  The enactment of this charter shall not effect any change in the legal identity of the city.

      5.  The enactment of this charter shall not be construed to repeal or in any way affect or modify:

      (a) Any special, local or temporary law.

      (b) Any law or ordinance making an appropriation.

      (c) Any ordinance affecting any bond issue or by which any bond issue may have been authorized.


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

ê1971 Statutes of Nevada, Page 1160 (Chapter 545, SB 518)ê

 

      (d) The running of the statute of limitations in force at the time this charter becomes effective.

      (e) Any bond of any public officer.

      Sec. 2.  Chapter 180, Statutes of Nevada 1949, at page 372, entitled “An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” approved March 28, 1949, and all other acts amendatory thereof, are hereby repealed.

      Sec. 3.  This act shall become effective on July 1, 1973.

 

________

 

 

CHAPTER 546, AB 818

Assembly Bill No. 818–Committee on Transportation

CHAPTER 546

AN ACT to amend an act entitled “An Act relating to the carriage of persons and property by vehicles; providing for the licensing of certain vehicle carriers; establishing fees; providing penalties; and providing other matters properly relating thereto,” being Senate Bill No. 266 of the 56th session of the Nevada legislature.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  Section 90 of the above-entitled act is hereby amended to read as follows:

      Section 90.  1.  In lieu of the license fees set forth in section 88 of this act, the department may, when it is satisfied that adequate records are or will be maintained by the applicant or that the applicant has a history of compliance with the provisions of this chapter, authorize any common, contract or private carrier who operates vehicles across the boundaries of the state, to pay a mileage fee upon all mileage traveled by motor vehicle within the State of Nevada in the statutory licensing period at the following per-mile fees for total miles traveled in that period:

 

For the first 75,000 miles of travel, per mile.......................................       2.5 cents

From 75,001 to 250,000 miles of travel, per mile.............................       2.0 cents

From 250,001 miles to 1,000,000 miles of travel, per mile.............       1.5 cents

From 1,000,001 to 2,000,000 miles of travel, per mile....................     1.25 cents

For all miles in excess of 2,000,000, per mile.....................................         1.0 cent

 

Motor vehicles of 5,000 pounds or less, unladened weight shall not have this option.

      2.  In order to qualify under this section, each such carrier shall:

      (a) Annually file an application with the department declaring the total mileage operated by such vehicles in all states and in this state during the preceding statutory licensing period and describing and identifying each such vehicle to be operated in this state during the ensuing license year; and


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

ê1971 Statutes of Nevada, Page 1161 (Chapter 546, AB 818)ê

 

      (b) [Make an advance deposit not less than an amount obtained by applying the proportion of in-state motor vehicle miles to total motor vehicle miles as reported in the statement to the fees which would otherwise be required for licensing all such motor vehicles together with one trailing vehicle for each motor vehicle. This amount shall be entered to the credit of each person so qualifying under this section and shall be applied against amounts which may become due under the schedule of fees set forth in subsection 1. The advance deposit shall be considered the minimum amount due under this section and shall not be subject to refund or credited for any subsequent license period or for any other purpose.] Annually make a minimum advance deposit not less than $120 nor more than an amount obtained by applying the proportion of in-state motor vehicle miles to total motor vehicle miles as reported in the statement to the fees which would otherwise be required for licensing all such motor vehicles or fleets of motor vehicles. This amount shall be entered to the credit of each person so qualifying under this section and shall be applied against amounts which may become due under the schedule of fees set forth in subsection 1. The minimum advance deposit for an initial application filed after the beginning of the calendar year shall be reduced by one-twelfth for each month which has elapsed since the beginning of the calendar year. The advance deposit shall be considered the minimum amount due under this section and shall not be subject to refund or credited for any subsequent license period or for any other purpose.

      3.  In addition to the fees per mile set forth in subsection 1, there shall be assessed an annual nonrefundable administrative fee of $5 for each motor vehicle qualified to operate in Nevada under this section, for which fee there shall be issued an identifying device.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1971, only if Senate Bill No. 266 of the 56th session of the legislature becomes effective prior thereto.

 

________

 

 

CHAPTER 547, AB 816

Assembly Bill No. 816–Committee on Judiciary

CHAPTER 547

AN ACT relating to the definition of “burglary”; extending the common law relative to burglary to include either “by day or by night”; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 205.060 is hereby amended to read as follows:

      205.060  1.  Every person who, either by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or housetrailer, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary.


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

ê1971 Statutes of Nevada, Page 1162 (Chapter 547, AB 816)ê

 

      2.  Any person convicted of burglary shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.

      3.  Whenever burglary is committed upon a railroad train, vehicle, vehicle trailer, semitrailer or housetrailer, in motion or in rest, in this state, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the railroad train, vehicle, vehicle trailer, semitrailer or housetrailer may have run on the trip during which such burglary is committed.

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

 

________

 

 

CHAPTER 548, SB 439

Senate Bill No. 439–Committee on Labor

CHAPTER 548

AN ACT relating to unemployment compensation; providing that an appeal to the board of review by any party shall be allowed as a matter of right under the Unemployment Compensation Law.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 612.515 is hereby amended to read as follows:

      612.515  1.  An appeal to the board of review by any party shall be allowed as a matter of right. [if the appeal tribunal’s decision reversed or modified the executive director’s determination. In all other cases further appeal shall be permitted only at the discretion of the board of review.

      2.  The decision of the appeal tribunal shall be deemed to be the decision of the board of review, if permission to appeal to that board is denied.

      3.] 2.  The board on its own motion may initiate a review of a decision or determination of an appeal tribunal within 10 days after the date of mailing of the decision.

      [4.] 3.  The board may affirm, modify or reverse the findings or conclusions of the appeal tribunal solely on the basis of evidence previously submitted, or upon the basis of such additional evidence as it may direct to be taken.

      [5.] 4.  Each party, including the executive director, shall be promptly furnished a copy of the decision and the supporting findings of the board of review.

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

 

________


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

ê1971 Statutes of Nevada, Page 1163ê

 

CHAPTER 549, AB 111

Assembly Bill No. 111–Mr. Bryan

CHAPTER 549

AN ACT providing that inventories and appraisements shall be made and returned to the court in the summary administration of estates of deceased persons; permitting exceptions; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 144.010 is hereby amended to read as follows:

      144.010  [Every] Except as provided in NRS 145.050, every executor or administrator shall make and return to the court, within 60 days after his appointment, unless the court shall extend the time, a true inventory and appraisement of all the estate of the deceased which shall have come to his possession or knowledge.

      Sec. 2.  NRS 145.050 is hereby amended to read as follows:

      145.050  1.  The order for a summary administration of the estate shall: [dispense]

      (a) Dispense with all regular proceedings and notices, except the notice of appointment of the executor or administrator and for sales of real property.

      (b) Provide whether an inventory and appraisement shall be made and returned to the court.

      2.  The notice of appointment of the executor or administrator shall be given by:

      (a) Publication once a week for 4 successive weeks, provided the cost does not exceed $5; or

      (b) Posting instead of by publication, if deemed proper and ordered by the judge or court.

      Sec. 3.  NRS 145.080 is hereby amended to read as follows:

      145.080  1.  The administration of the estate may be closed and distribution made at any time after the expiration of the time for the judge to act on the claims, when it shall appear to the court that all the debts of the estate, expenses and charges of administration and allowances to the family, if any, have been paid, and the estate is in condition to be finally settled.

      2.  The court or judge must be satisfied that proper notice [has] of appointment and, where applicable, for sales, as provided in NRS 145.040, have been given before decreeing distribution of the estate and discharging the executor or administrator.

 

________


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

ê1971 Statutes of Nevada, Page 1164ê

 

CHAPTER 550, AB 118

Assembly Bill No. 118–Messrs. Bryan, Hilbrecht, Mrs. Brookman, Messrs. Olsen, Branch and Fry

CHAPTER 550

AN ACT changing the composition of the state dairy commission; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 584.430 is hereby amended to read as follows:

      584.430  Two members of the commission shall be producers, [two members shall be distributors] one member shall be a distributor, and one member shall be a producer-distributor, two members shall be operators of retail stores and [two] three members shall be persons representing the consuming public who have no connection with producers, distributors, producer-distributors, or the retail stores.

      Sec. 2.  The term of one distributor member of the state dairy commission designated by the governor shall terminate on the effective date of this act, at which time the governor shall appoint a new member to represent the consuming public pursuant to NRS 584.430, whose term shall commence immediately upon the termination of the term of the producer-distributor.

 

________

 

 

CHAPTER 551, SB 445

Senate Bill No. 445–Committee on Taxation

CHAPTER 551

AN ACT relating to cigarette licenses and taxes; providing for metered stamping machine indicia; permitting a delay in the filing of certain reports; authorizing audits of wholesale dealers; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 25, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  Each wholesale cigarette dealer licensed under this chapter shall maintain records of all cigarettes received, sold or distributed by him in the state. Each such dealer shall also obtain and keep receipts, freight bills, invoices and other documents necessary to substantiate such records. Such records and documents shall be kept at such dealer’s place of business in Nevada for not less than 4 years unless the tax commission authorizes, in writing, their earlier removal or destruction.

      Sec. 3.  The tax commission may audit the records of each wholesale dealer licensed under this chapter to determine that the proper amount of tax has been paid.


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

ê1971 Statutes of Nevada, Page 1165 (Chapter 551, SB 445)ê

 

      Sec. 4.  NRS 370.060 is hereby amended to read as follows:

      370.060  The tax commission is empowered to make all necessary rules and regulations for the administration and enforcement of this chapter.

      Sec. 5.  NRS 370.100 is hereby amended to read as follows:

      370.100  An application for a wholesale cigarette dealer’s license shall:

      1.  Be made to the tax commission on such form as the tax commission shall prescribe.

      2.  Include the name and address of the applicant. If the applicant is a partnership, the application shall include the names and addresses of all partners. If the applicant is a corporation, association or other organization, the application shall include the names and addresses of the president, vice president, secretary and managing officer or officers.

      3.  Specify the location, by street and number, of the premises for which the license is sought.

      4.  Be accompanied by the required license fee.

      5.  Be accompanied by a certified copy of the certificate required by NRS 602.010.

      Sec. 6.  NRS 370.130 is hereby amended to read as follows:

      370.130  Each wholesale cigarette dealer’s license shall:

      1.  Be signed by the licensee [.] or the authorized representative of the licensee.

      2.  Be posted in a conspicuous place in the premises for which it was issued.

      3.  Be nontransferable, except that upon prior written notice to the tax commission the location of the premises for which it was issued may be changed.

      Sec. 7.  NRS 370.180 is hereby amended to read as follows:

      370.180  1.  The tax commission shall:

      (a) Design a suitable stamp or stamps for the purpose of this chapter. [Each stamp shall contain the words “Nevada Cigarette Revenue Stamp.”]

      (b) From time to time, have as many revenue stamps printed as may be required.

      2.  The use of a metered stamping machine approved by and registered with the tax commission shall be subject to such rules and regulations as prescribed by the tax commission.

      Sec. 8.  NRS 370.190 is hereby amended to read as follows:

      370.190  1.  The tax commission is authorized, upon receiving payment therefor, to sell Nevada cigarette revenue stamps only to [:] a licensed wholesale dealer as defined in NRS 370.055.

      [(a) A person licensed as a wholesale cigarette dealer under the provisions of this chapter.

      (b) A unit or instrumentality of the Federal Government for placement on packages of cigarettes sold to civilians, whether its employees or not.

      (c) Manufacturers or distributors of cigarettes who wish to distribute samples or gifts of cigarettes containing more than five cigarettes per package.]


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ê1971 Statutes of Nevada, Page 1166 (Chapter 551, SB 445)ê

 

      2.  By rule or regulation, the tax commission may provide for payment of the tax by manufacturers without the use of stamps on gifts or samples sent into Nevada when plainly marked “Tax Paid.”

      Sec. 9.  NRS 370.200 is hereby amended to read as follows:

      370.200  1.  The tax commission is authorized to appoint the sheriff of any county and officers of incorporated cities to act as its agents in the sale of Nevada cigarette revenue stamps.

      2.  The sheriff and city officers shall:

      (a) Serve as such agent without additional compensation; and

      (b) [Immediately] On or before the last day of the month following the month in which the sale of cigarette stamps occurred, make a return of all receipts collected from sales of cigarette revenue stamps to the tax commission, accompanied by a remittance payable to the order of the Nevada tax commission.

      Sec. 10.  NRS 370.220 is hereby amended to read as follows:

      370.220  In the sale of any cigarette revenue stamps or any metered machine settings to a licensed wholesale cigarette dealer, the tax commission and its agents are authorized and directed to allow the purchaser a discount of 4 percent for the services rendered by the licensed wholesale cigarette dealer in affixing cigarette revenue stamps or metered machine impressions to the cigarette packages.

      Sec. 11.  NRS 370.230 is hereby amended to read as follows:

      370.230  Upon the written authorization of the state board of examiners, any spoiled or [unused] unusable stamps in the possession of the [supervisor] tax commission shall be destroyed. The written authorization of the state board of examiners shall set forth the number, denomination and face value of the stamps. [Such authorization shall relieve the supervisor from accountability in the amount thereof.]

      Sec. 12.  NRS 370.240 is hereby amended to read as follows:

      370.240  1.  Each wholesale cigarette dealer licensed under this chapter shall report to the tax commission: [the]

      (a) The inventory of all cigarettes in his possession or control at the close of business on the last day of each month.

      (b) The total value of all cigarette revenue stamps affixed by him upon cigarette packages sold in or shipped into [each county] the state by him during the preceding month.

      2.  The report shall be made by the 15th day of the month following such shipments upon forms to be provided by the tax commission.

      3.  The dealer may have up to 15 additional days to file such report, if beforehand he makes written application to the commission and the commission finds good cause for such extension.

      Sec. 13.  NRS 370.260 is hereby amended to read as follows:

      370.260  1.  All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission.

      2.  The tax commission shall:

      (a) As compensation to the state for the costs of collecting the taxes and license fees, annually transmit [$33,000 annually] such sum as the legislature shall specify from the remittances made to it pursuant to subsection 1 to the state treasurer, who shall deposit the same to the credit of the tax commission. Such deposited moneys shall be expended by the tax commission in accordance with its work program established pursuant to law.


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ê1971 Statutes of Nevada, Page 1167 (Chapter 551, SB 445)ê

 

tax commission in accordance with its work program established pursuant to law.

      (b) Transmit the balance of such payments to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund.

      (c) Report to the state controller [quarterly] monthly the amount of collections.

      3.  The money in the cigarette tax fund is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce and apportioned as follows:

      (a) In counties having a population of 5,000 or more:

             (1) If there are no incorporated cities within the county, the entire amount shall go into the county treasury.

             (2) If there is one incorporated city within the county the money shall be apportioned between the city and the county on the basis of the population of such city and the population of such county excluding the population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

             (3) If there are two or more incorporated cities within the county, the entire amount shall be apportioned among such cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      (b) In counties having a population of less than 5,000:

             (1) If there are no incorporated cities or unincorporated towns within the county, the entire amount shall go into the county treasury.

             (2) If there is one incorporated city or one unincorporated town within the county the money shall be apportioned between the city or town and the county on the basis of the population of such city or town and the population of such county excluding the population of such city or town, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.

             (3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount shall be apportioned among such cities or towns in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.

      (c) In Carson City the entire amount shall go into the city treasury.

      4.  For the purposes of this section, “unincorporated town” means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.

      Sec. 14.  NRS 370.265 is hereby amended to read as follows:

      370.265  Remittances due the tax commission by any licensed wholesale cigarette dealer [for the amount of excise tax set by a supervisor on any metered stamping machine between June 26 and July 10, 1969, shall be payable to the tax commission on July 10, 1969, and thereafter all such remittances] shall be due and payable to the tax commission on the 10th day of the month.


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ê1971 Statutes of Nevada, Page 1168 (Chapter 551, SB 445)ê

 

shall be payable to the tax commission on July 10, 1969, and thereafter all such remittances] shall be due and payable to the tax commission on the 10th day of the month. Any wholesaler who fails to pay his excise tax due on or before the 10th day of the month shall pay a penalty of 5 percent of the tax in addition to the tax, with interest at the rate of 1 percent per month or fraction thereof from the date on which the tax becomes due and payable to the state until the date of payment.

      Sec. 15.  NRS 370.270 is hereby amended to read as follows:

      370.270  1.  [Except as otherwise provided in this chapter, every manufacturer, distributor, wholesaler] Every wholesale dealer or retailer making a sale or sales to ultimate consumers shall, at the time of such sale, see that each package, packet or container has the Nevada cigarette revenue stamp or [stamps] metered stamping machine indicia properly affixed to each package, packet or container.

      2.  Every cigarette vending machine operator placing cigarettes in his coin-operated cigarette vending machines for sale to the ultimate consumers shall at the time of placing such cigarettes in his machine see that each package, packet or container has the Nevada cigarette revenue stamp or [stamps] metered stamping machine indicia properly affixed to each package, packet or container.

      3.  No unstamped packages, packets or containers of cigarettes can lawfully be accepted or held in the possession of a retail cigarette dealer or a cigarette vending machine operator.

      4.  Any cigarettes found in the possession of any person except a licensed Nevada [wholesaler or held under the provisions of NRS 370.300] wholesale dealer which do not bear indicia of Nevada excise tax stamping shall be seized by the tax commission or any of its agents, and caused to be stamped by a licensed cigarette wholesaler, or confiscated and sold by the tax commission or its agents to the highest bidder among the licensed [importers] wholesale dealers in this state. If there is no such bidder, the cigarettes shall be destroyed or disposed of as the tax commission may see fit. The proceeds of all such sales shall be classed as revenues derived under the provisions of this chapter.

      5.  Any cigarette vending machine in which such cigarettes are found may be so seized and sold to the highest bidder.

      Sec. 16.  NRS 370.380 is hereby amended to read as follows:

      370.380  1.  It shall be unlawful for any person, with intent to defraud the state:

      (a) To [make,] alter, forge or counterfeit any license, [permit,] stamp or cigarette tax meter impression provided for in [NRS 370.080 to 370.340, inclusive;] this chapter; or

      (b) To have in his possession any forged, counterfeited, spurious or altered license, [permit,] stamp or cigarette tax meter impression, with intent to use the same, knowing or having reasonable grounds to believe the same to be such; or

      (c) To have in his possession one or more cigarette stamps or cigarette tax meter impressions which he knows have been removed from the pieces of packages or packages of cigarettes to which they were affixed; or

      (d) To affix to any piece of package or package of cigarettes a stamp or cigarette tax meter impression which he knows has been removed from any other piece of a package or package of cigarettes; or


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ê1971 Statutes of Nevada, Page 1169 (Chapter 551, SB 445)ê

 

      (e) To have in his possession for the purpose of sale cigarettes which do not bear indicia of Nevada excise tax stamping. Presence of such cigarettes in a cigarette vending machine shall be prima facie evidence of the purpose to sell.

      2.  Any person who violates any of the provisions of subsection 1 shall be guilty of a misdemeanor on the first offense and upon the second or more shall be punished by a fine of not more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.

      Sec. 17.  NRS 370.390 is hereby amended to read as follows:

      370.390  Except as otherwise provided in NRS 370.380, any person violating any of the provisions of NRS 370.080 to 370.340, inclusive, shall be [punished by a fine of not more than $1,000, or by imprisonment in the state prison for a period of not less than 1 year nor more than 3 years, or by both fine and imprisonment.] guilty of a gross misdemeanor.

      Sec. 18.  NRS 370.040, 370.300 and 370.320 are hereby repealed.

 

________

 

 

CHAPTER 552, SB 245

Senate Bill No. 245–Committee on Judiciary

CHAPTER 552

AN ACT requiring that the att