[Rev. 10/29/2015 1:30:34 PM]

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ê1971 Statutes of Nevada, Page 1313 (Chapter 594, AB 732)ê

 

codes adopted by this section. Such rules and regulations shall be revised when necessary to conform substantially to amendments to such uniform codes.

      3.  The codes and rules and regulations adopted under this section shall not prevent a local enforcement agency from imposing more stringent standards.

      Sec. 18.  The department shall establish a schedule of fees to cover the costs incurred by the department in the administration and enforcement of the provisions of this chapter and the rules and regulations established by the department.

      Sec. 19.  1.  Factory-built housing manufactured after the effective date of the regulations adopted pursuant to this chapter which is sold or offered for sale to first users within this state shall bear insignia of approval issued by the department.

      2.  The department may issue insignia, medallions, symbols or tags issued by the appropriate certifying authority designated by the uniform codes adopted pursuant to section 17 of this act, signifying compliance with all of the provisions of section 17 of this act.

      3.  The department may also provide by regulation for the approval of any factory-built housing which has been inspected and approved by the appropriate certifying authorities of another jurisdiction which has adopted all of the codes specified in section 17 of this act without additional inspection or issuance of additional insignia, medallions, symbols or tags by the department.

      Sec. 20.  All factory-built housing bearing an insignia of approval pursuant to section 19 of this act shall be deemed to comply with the requirements of all ordinances or regulations enacted by any city or county which may be applicable to the manufacture of such housing.

      Sec. 21.  No factory-built housing bearing a department insignia of approval pursuant to section 19 of this act shall be in any way modified prior to, or during, installation unless approval is first obtained from the department.

      Sec. 22.  Whenever there is definite evidence that any material, appliance, device, arrangement, system or method of construction does not conform to the standards set by the regulations of the department, it may require tests or proof of compliance to be made at the expense of the manufacturer or his agent, subject to a right of appeal to the state board of health.

      Sec. 23.  1.  The department shall hear appeals brought by any person regarding the application to such person of any rule or regulation of the department promulgated pursuant to this chapter. Any such appeals shall first be submitted to the local enforcement agency, if any, delegated by the department to enforce the provisions of this chapter. The department shall not hear any appeal regarding any local ordinance, rule or regulation related to the installation of factory-built housing.

      2.  The department may promulgate rules pertaining to the hearing of appeals under the provisions of this section.

      Sec. 24.  1.  The department shall enforce every provision of this chapter and the regulations adopted pursuant thereto, except as provided in section 26 of this act.


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ê1971 Statutes of Nevada, Page 1314 (Chapter 594, AB 732)ê

 

      2.  Nothing in this chapter shall be construed to prevent the department from delegating by written contract its enforcement authority to local government agencies.

      Sec. 25.  1.  The director of the department of any person authorized by him in writing may institute any appropriate action to enforce this chapter, or to prevent, restrain, correct or abate any violation of this chapter.

      2.  In order properly to carry out the provisions of this chapter, the director of the department or any person authorized by him in writing may:

      (a) Conduct hearings;

      (b) Issue subpenas; and

      (c) Administer oaths.

      Sec. 26.  1.  Local enforcement agencies shall enforce and inspect the installation of factory-built housing.

      2.  Local use zone requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements are hereby specifically and entirely reserved to local jurisdictions notwithstanding any other requirement of this chapter.

      3.  Nothing in this chapter shall be construed to prohibit any appropriate local government authority from examining and approving all plans, applications or building sites.

      Sec. 27.  Any person who violates any of the provisions of this chapter or any rules or regulations adopted pursuant to this chapter is guilty of a misdemeanor, punishable by a fine not exceeding $500 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.

      Sec. 28.  NRS 489.010 is hereby amended to read as follows:

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

      1.  “American Standard” means a standard adopted and published by the United States of America Standards Institute.

      2.  “Mobile home” means a vehicular [, portable] structure which is built on a chassis [and] or frame, is designed to be used with or without a permanent foundation, is capable of being drawn by a motor vehicle and is used as a dwelling when connected to [indicated] utilities.

      3.  “Travel trailer” means a vehicular, portable structure built on a chassis:

      (a) Designed as a temporary dwelling for travel, recreational and vacation use;

      (b) Permanently identified as a “Travel Trailer” by an inscription on the trailer by the manufacturer; and

      (c) When factory-equipped for the road, having a body width of not more than 8 feet and:

             (1) Any length if the gross weight does not exceed 4,500 pounds; or

             (2) Any weight if its body length does not exceed 29 feet.

 

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ê1971 Statutes of Nevada, Page 1315ê

 

CHAPTER 595, AB 501

Assembly Bill No. 501–Mr. Homer

CHAPTER 595

AN ACT relating to medical laboratories; providing for the licensing of certain personnel of such laboratories; revising the procedure for licensing certain medical laboratories; and providing other matters properly relating thereto.

 

[Approved April 27, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 652 of NRS is hereby amended by adding a new section, which shall read as follows:

      Notwithstanding the provisions of NRS 652.130 and 652.150, and without requiring any examination or any other qualification than is provided in this section, the board shall, upon application and the payment of any appropriate fee prior to January 1, 1972:

      1.  Issue a director’s license to any person who operated a laboratory in this state for at least 3 years immediately preceding January 1, 1967;

      2.  Issue a medical laboratory technologist’s certificate to any person who was a medical laboratory technologist in this state for at least 1 year immediately preceding January 1, 1967; and

      3.  Issue a license to, and include in the registration list of laboratories meeting the minimum standards and qualifications of this chapter, any laboratory which was in operation in this state on January 1, 1967, which has a director meeting the qualifications provided in subsection 1.

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

 

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CHAPTER 596, AB 158

Assembly Bill No. 158–Mr. Homer

CHAPTER 596

AN ACT relating to public employees’ retirement; raising compensation for board members; increasing the amount of the public employees’ retirement board revolving fund; changing eligibility requirements; eliminating the waiting period for new employees; providing a penalty for late payments; and providing other matters properly relating thereto.

 

[Approved April 27, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 286.180 is hereby amended to read as follows:

      286.180  1.  When necessarily absent from home attending to the business of the board, the members of the board shall receive their actual and necessary traveling expenses and other expenses within the limit fixed by law.

      2.  Members of the board who are not participating members of the system shall receive additional compensation of [$20] $25 per day for attendance at meetings.


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ê1971 Statutes of Nevada, Page 1316 (Chapter 596, AB 158)ê

 

      3.  Reimbursement for expenses shall be paid from the public employees’ retirement administrative fund.

      Sec. 2.  NRS 286.250 is hereby amended to read as follows:

      286.250  1.  The public employees’ retirement board revolving fund is hereby created in the sum of [$750,000.] $1,000,000.

      2.  The public employees’ retirement board revolving fund shall be used by the board for the purpose of paying retirement and disability allowances, post-retirement allowances, survivor benefits under the provisions of NRS 286.671 and 286.6792, and authorized refunds to members of the system and for no other purpose.

      3.  All claims or demands paid by the board from the public employees’ retirement board revolving fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state, and, when the claims have been approved by the state board of examiners, the state controller shall draw his warrant for the amount of such claim or claims in favor of the public employees’ retirement board revolving fund, to be paid to the order of the board, and the state treasurer shall pay the same.

      4.  The board is directed to deposit the public employees’ retirement board revolving fund in a bank of reputable standing and to secure the deposit by a depository bond satisfactory to the state board of examiners.

      5.  All checks drawn upon the public employees’ retirement board revolving fund shall be signed by two persons designated by the board and the persons so designated shall furnish such bond as shall be directed by the state board of examiners.

      Sec. 3.  NRS 286.320 is hereby amended to read as follows:

      286.320  1.  An employee shall be regarded as eligible for membership in the system if his position, on the basis of 1 year of service, would require 1,200 or more hours of service per year, or in the case of an employee of any school district, if his position, on the basis of 9 months of service during any year, would require 800 or more hours of service per year. In determining eligibility all positions shall be regarded as continuing for 1 year regardless of anticipated duration, and all incumbents of covered positions shall be eligible regardless of individual tenure. This requirement shall not apply to persons who enter the system after July 1, 1971.

      2.  Except for any period of employment with a school district as provided in subsection 1, casual or intermittent employment in periods of less than 1 calendar month shall be credited toward retirement on the basis of 1 calendar month for every 21 days of work.

      3.  In addition to the requirement of subsection 1 concerning hours of service, a position, to be eligible for coverage, must pay a minimum compensation of $150 for 1 month of service. Where an employee’s earnings from two or more sources or positions total $150 per month, he shall be eligible for coverage. The $150-per-month minimum shall not apply to persons who enter the system after July 1, 1971. For these persons there is a $3,600 annual minimum requirement for half-time or more. If this minimum is met, credit for full-time service will be granted. Fees received in the discharge of official duties or powers, other than the performance of marriages, may be included as part of such compensation, if they are reported to the board in the same manner that other compensation is reported and the employer’s contribution is paid thereon as provided in NRS 286.450.


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ê1971 Statutes of Nevada, Page 1317 (Chapter 596, AB 158)ê

 

compensation is reported and the employer’s contribution is paid thereon as provided in NRS 286.450. Persons employed as county commissioners, city councilmen and legislators shall be exempt from this provision.

      4.  All persons who are contributing at salary rates less than $150 per month on July 1, 1963, shall be permitted to continue such contributions but their successors shall not be so permitted.

      Sec. 4.  NRS 286.420 is hereby amended to read as follows:

      286.420  [1.  Deductions shall not be made from the salary of an employee and contributions shall not be paid thereon by the public employer until the start of the next official pay period following the conclusion of 90 consecutive days of employment, unless the employee shall elect, at the beginning of the employment period, to make such contributions from the first day of employment.

      2.  That period of employment upon which contributions are not paid shall not be regarded as service toward retirement and the individual shall not be entitled to any benefits under this chapter during such period of noncontribution.] Deductions shall be made from the salary of an employee and contributions paid thereon from the first day of employment unless the employee has been hired for a period of employment that will not exceed 90 days.

      Sec. 5.  NRS 286.460 is hereby amended to read as follows:

      286.460  1.  Each department, board, commission, or other agency of the State of Nevada, which pays salaries of its officers or employees in whole or in part from funds received from sources other than money appropriated from the state general fund, is authorized and directed to pay public employer contributions, or the proper portion thereof, to the system from the funds of the department, board, commission or agency.

      2.  Public employer contributions for salaries paid from the state general fund shall be paid directly by each department, board, commission or other agency concerned, and allowance therefor shall be made in the appropriation made for each such department, board, commission or other state agency.

      3.  Contributions for members covered under special rates (such as policemen and firemen) shall be reported in a separate section of the payroll reports to the board in order to insure proper preaudit.

      4.  All departments, boards, commissions or other agencies that are required to make payments pursuant to this section shall file payroll reports not later than 15 days after the end of the reporting period, together with the remittance of the amount due to the system. If the amounts due are not paid at the time provided, a penalty of 5 percent per annum, prorated for the period delinquent, on the unpaid balance due shall be added to the amount to be paid.

      Sec. 6.  NRS 286.520 is hereby amended to read as follows:

      286.520  1.  Any person accepting or receiving the benefits of retirement compensation under this chapter shall not be employed in any capacity by the State of Nevada, by a political subdivision of the State of Nevada which participates in the system, or any department, branch or agency thereof, except as provided in subsection 2. Any person accepting or enjoying the benefits of retirement compensation under this chapter who accepts employment or receives any other compensation from the State of Nevada, from a political subdivision of the State of Nevada which participates in the system, or any department, branch or agency thereof for the services rendered, except as provided in subsection 2, shall forfeit all the benefits of this chapter so long as he shall retain such employment or receive such compensation.


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ê1971 Statutes of Nevada, Page 1318 (Chapter 596, AB 158)ê

 

which participates in the system, or any department, branch or agency thereof for the services rendered, except as provided in subsection 2, shall forfeit all the benefits of this chapter so long as he shall retain such employment or receive such compensation. The proper officer shall forthwith strike such person’s name from the retirement compensation roll and refuse to honor any requisitions for retirement compensation made by such person.

      2.  Persons accepting or receiving the benefits of retirement compensation under this chapter may:

      (a) Serve as legislators in this state or be employed as members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission shall not be regarded as compensation, provided such fees do not normally exceed a total of $300 in a [calendar] fiscal year.

      (b) Return to employment for the State of Nevada or a political subdivision thereof during any 1 [calendar] fiscal year without forfeiture of retirement benefits until they have earned a gross amount of [$2,400,] $3,600, at which time the benefits of retirement compensation shall be suspended and shall remain suspended for any month during which such person is employed for any period of time by the State of Nevada or its political subdivisions.

      3.  Within 10 days after return to employment such person shall notify the board, in writing, of the fact of his employment. Failure to notify shall result in the forfeiture of retirement benefits for the period of employment.

      4.  A person is not considered to have returned to employment in any [calendar] fiscal year unless he has been absent from employment by the State of Nevada or a political subdivision thereof for not less than 1 calendar month immediately preceding his return.

      5.  Notwithstanding any other provisions of this section or chapter any retired person who is elected or appointed as a county commissioner or city councilman may elect to waive any retirement rights accruing by such service and may thereafter receive his retirement allowance during the entire period of service in such designated offices. The retirement allowance of any retired person serving as a state legislator will not be affected by such service.

      Sec. 7.  NRS 286.580 is hereby amended to read as follows:

      286.580  1.  Until the first payment of his service retirement allowance or reduction thereof, permitted under the provisions of paragraph (b) of subsection 3 of NRS 286.550, becomes normally due, a member who has applied for service retirement, except as otherwise provided in NRS 286.600 and 286.610, may elect to convert the allowance otherwise payable on his account after his retirement into a service retirement allowance of equivalent actuarial value of one of the optional forms described in NRS 286.590, subject to the following limitation: In cases involving the maximum unmodified allowance to the member or reduction thereof as provided in NRS 286.550, any reduction in his allowance because of an optional selection shall be based upon the ages of the member and the beneficiary as of the date the member attained his maximum unmodified allowance.


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ê1971 Statutes of Nevada, Page 1319 (Chapter 596, AB 158)ê

 

member and the beneficiary as of the date the member attained his maximum unmodified allowance.

      2.  The election of a converted allowance under any of the optional plans described in NRS 286.590 shall not be effective until the election, upon a form prescribed by the board, is delivered to the office of the board, but the deposit of such election in the mails, postage prepaid, in an envelope addressed to the board, shall be the equivalent of delivery to the board. The postmark date on such envelope shall be deemed the date of delivery.

      3.  The election of an optional plan under the provisions of NRS 286.600 or 286.610 must be delivered to the office of the board within 60 days after receipt of the election form by the member or his agent or the election shall be declared invalid and shall be rejected by the board. If an election is rejected by the board for failure to deliver it within the prescribed period, the member may file another application for beneficiary protection and the board may proceed as if the second or succeeding applications were original applications.

      4.  [In case of the death of a member] If a member:

      (a) Files an application for calculations under NRS 286.600 or 286.610, and dies before the 60-day period provided in subsection 3 expires, he shall be regarded as covered under the provisions of Option 2 of the retirement plan as of the date of death.

      (b) Dies after the 60th day but prior to the delivery to the board of a valid election of retirement plan, the benefits payable on his account shall consist of a refund of contributions in accordance with NRS 286.660, or payment of applicable survivor benefits under NRS 286.671 to 286.6792, inclusive, except that members with 25 or more years of service who file, or have filed, application for calculations under NRS 286.600 or 286.610 on or after July 1, 1959, shall be regarded as covered under the provisions of Option 2 of the retirement plans from the date of filing such application with the retirement board to the date of receipt, from the retirement board, of an election form permitting formal acceptance or rejection of coverage under an optional plan.

      Sec. 8.  NRS 286.600 is hereby amended to read as follows:

      286.600  1.  A member of the system who has become eligible for a service retirement allowance by virtue of attained age and required service may elect to protect a beneficiary under the terms and conditions of one of Options 2 to 5, inclusive, as described in NRS 286.590 and continue in employment.

      2.  The allowances payable to the designated beneficiary under the options shall be calculated upon the conditions of service and average salary obtaining on the 1st day of the month in which the application for protection, upon a form prescribed by the board, shall be received in the office of the board [.] , except where a member files for calculations under this section or NRS 286.610, and dies within a 60-day period after filing, in which case his election shall be effective as of the date of death.

      3.  Should the member die after the election has become effective, the designated beneficiary, if surviving, shall become eligible for an allowance under the terms and conditions of the elected option.

      4.  The allowance payable to the beneficiary shall be recalculated under the conditions of service and average salary of the member existing at the time of his death and contributions shall not be refundable in any part.


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ê1971 Statutes of Nevada, Page 1320 (Chapter 596, AB 158)ê

 

at the time of his death and contributions shall not be refundable in any part. The recalculated allowance shall not be less than the original calculation.

      5.  If the beneficiary should predecease the member, the member may name a beneficiary under NRS 286.660 to receive his retirement contributions in case of his death prior to actual entry into retirement.

      6.  Should the member enter into actual retirement within 12 months of the effective date of protection to a beneficiary, he shall receive his allowance under the terms and conditions of the option previously selected, but calculations thereunder shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall not be less than the original calculation.

      7.  Should the member enter into retirement status at a date in excess of 12 months after the effective date or protection of a beneficiary, he shall be permitted to reelect a retirement option, with a change of beneficiary, if desired, and calculations thereunder shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received, based upon ages as of the original date of protection, if the member chooses a plan other than that originally selected or names a beneficiary other than one previously designated hereunder.

      8.  Protection under this section may be extended to only one person prior to actual entry into retirement, but if the originally named beneficiary should die prior to the entry of the member into actual retirement a new beneficiary may be named under an optional plan. A charge shall be made for the protection previously extended to the deceased beneficiary which shall be the actuarial equivalent of the protection previously received and the optional payments for the new beneficiary shall be calculated under regular procedures.

      Sec. 9.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

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CHAPTER 597, AB 225

Assembly Bill No. 225–Messrs. Schofield, Smalley and Miss Hawkins

CHAPTER 597

AN ACT relating to the system of public education; naming the departments of the public schools; providing for legal holidays; and setting meeting dates for the state board for vocational education.

 

[Approved April 27, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 236.015 is hereby amended to read as follows:

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


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ê1971 Statutes of Nevada, Page 1321 (Chapter 597, AB 225)ê

 

January 1 (New Year’s Day)

Third Monday in February (Washington’s Birthday)

Last Monday in May (Memorial Day)

July 4 (Independence Day)

First Monday in September (Labor Day)

Fourth Monday in October (Veterans’ Day)

October 31 (Nevada Day)

Fourth Thursday in November (Thanksgiving Day)

December 25 (Christmas Day)

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

 

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

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

      Sec. 2.  NRS 388.030 is hereby amended to read as follows:

      388.030  Whenever the board of trustees of a school district shall deem it necessary, the board shall divide the public schools within the school district into kindergarten, [primary, grammar,] elementary, high school and other permissible departments, and shall employ competent and legally qualified teachers for the instruction of the different departments; provided:

      1.  That such division into departments shall be in accordance with the state courses of study and all rules and regulations of the state department of education; and

      2.  That there shall be money for all such departments; if not, then the division shall be in the order in which the departments are named in this section, excepting the kindergarten department, which shall not be considered as taking precedence over the [primary, grammar] elementary or high school departments; and

      3.  No child is eligible to attend kindergarten who will not reach the age required for enrollment in the first grade, as provided in NRS 392.040, during the year of enrollment in kindergarten.

      Sec. 3.  NRS 388.110 is hereby amended to read as follows:

      388.110  No school shall be kept open [on:

 

January 1 (New Year’s Day);

May 30 (Memorial Day);

July 4 (Independence Day);

First Monday in September (Labor Day);

Thanksgiving Day;

December 25 (Christmas Day);

Any day appointed by the President of the United States or the governor, for public fast, thanksgiving or legal holiday.]

on any day declared to be a legal holiday pursuant to NRS 236.015, except that any board of trustees of a school district may elect to keep school open on October 31 (Nevada Day) and observe such holiday with appropriate exercises.


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ê1971 Statutes of Nevada, Page 1322 (Chapter 597, AB 225)ê

 

      Sec. 4.  NRS 388.350 is hereby amended to read as follows:

      388.350  [1.]  The state board for vocational education shall hold at least four meetings in each year at the state capital [.] , coincident with the meetings of the state board of education.

      [2.  The board shall hold meetings at such other times as may be designated by the executive officer or upon the request in writing of a majority of the members of the board.]

      Sec. 5.  NRS 388.120 is hereby repealed.

 

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CHAPTER 598, AB 708

Assembly Bill No. 708–Committee on Ways and Means

CHAPTER 598

AN ACT relating to public assistance; authorizing the welfare division of the department of health, welfare and rehabilitiation to conduct continuing investigations to determine eligibility of recipients of assistance; and providing other matters properly relating thereto.

 

[Approved April 27, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 425.110 is hereby amended to read as follows:

      425.110  1.  All grants of assistance made under this chapter shall be reconsidered by the welfare division as frequently as may be required [by the rules of the welfare division.] in order to verify continuing eligibility for assistance under this chapter. After such further investigation as the welfare division may deem necessary, the amount of assistance may be changed, or assistance may be entirely withdrawn if the welfare division finds that the circumstances [have altered sufficiently to] warrant such action.

      2.  The state welfare administrator, or his designated representative, shall have full authority to issue subpenas requiring the attendance of witnesses before the division at a designated time and place, and further requiring the production of books, papers and records relative to the eligibility or continued eligibility for such assistance, and with reference to all matters relevant thereto, and in furtherance of the investigation by the welfare division, to administer oaths and take testimony thereunder.

      3.  If the witness fails to appear or refuses to give testimony, or to produce books, papers and records as required by the subpena, the district court in and for the county in which the investigation is being conducted shall have power to compel the attendance of witnesses, the giving of testimony and the production of books, papers and records, as required by the subpena.

      4.  If the recipient refuses to appear, or to give testimony, or to produce books, papers and records, or should the recipient fail or refuse to cooperate by refusing to allow other witnesses freely to testify, or to produce books, papers or records, or by encouraging other witnesses to fail or refuse to appear, or to testify, or to produce books, papers or records, the welfare division is authorized and empowered to terminate and withdraw all assistance from the recipient, pursuant to law.


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ê1971 Statutes of Nevada, Page 1323 (Chapter 598, AB 708)ê

 

the welfare division is authorized and empowered to terminate and withdraw all assistance from the recipient, pursuant to law.

      Sec. 2.  NRS 426.330 is hereby amended to read as follows:

      426.330  1.  If at any time the welfare division of the department of health, welfare and rehabilitation has reason to believe that aid to the blind has been obtained improperly, it shall cause special inquiry to be made and may suspend payments for any installment pending the inquiry.

      2.  If it appears, upon the inquiry, that the aid has been obtained improperly, it shall be canceled by the welfare division, and if it appears that aid was obtained properly, the suspended payment shall be payable.

      3.  [Any person dissatisfied with the action of the welfare division in suspending or canceling aid may appeal to the welfare division and upon such appeal shall be granted an opportunity for a fair hearing.] Grants of aid may be reconsidered as frequently as may be required to verify continuing eligibility for aid to the blind.

      4.  The state welfare administrator, or his designated representative, shall have full authority to issue subpenas requiring the attendance of witnesses before the division at a designated time and place, and further requiring the production of books, papers and records relative to the eligibility or continued eligibility for aid to the blind, and with reference to all matters relevant thereto; and in furtherance of the investigation by the welfare division, to administer oaths and take testimony thereunder.

      5.  If the witness fails to appear or refuses to give testimony, or to produce books, papers and records as required by the subpena, the district court in and for the county in which the investigation is being conducted shall have power to compel the attendance of witnesses, the giving of testimony, and the production of books, papers and records, as required by the subpena.

      6.  If the recipient refuses to appear, or to give testimony, or to produce books, papers and records, or should the recipient fail or refuse to cooperate by refusing to allow other witnesses freely to testify, or to produce books, papers or records, or by encouraging other witnesses to fail or refuse to appear, or to testify, or to produce books, papers or records, the welfare division is authorized and empowered to terminate and withdraw all assistance from the recipient, pursuant to law.

      Sec. 3.  NRS 427.250 is hereby amended to read as follows:

      427.250  1.  All assistance grants made under this chapter shall be reconsidered by the welfare division as frequently as may be required [by the rules of the welfare division.] in order to verify continuing eligibility for assistance under this chapter. After such further investigation as the welfare division may deem necessary, the amount of assistance may be changed, or assistance may be entirely withdrawn if the welfare division finds that the recipient’s circumstances [have altered sufficiently to] warrant such action.

      2.  The state welfare administrator, or his designated representative, shall have full authority to issue subpenas requiring the attendance of witnesses before the division at a designated time and place, and further requiring the production of books, papers and records relative to the eligibility or continued eligibility for such assistance, and with reference to all matters relevant thereto; and in furtherance of the investigation by the welfare division, to administer oaths and take testimony thereunder.


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ê1971 Statutes of Nevada, Page 1324 (Chapter 598, AB 708)ê

 

      3.  If the witness fails to appear or refuses to give testimony, or to produce books, papers and records as required by the subpena, the district court in and for the county in which the investigation is being conducted, shall have power to compel the attendance of witnesses, the giving of testimony, and the production of books, papers and records, as required by the subpena.

      4.  If the recipient refuses to appear, or to give testimony, or to produce books, papers and records, or should the recipient fail or refuse to cooperate by refusing to allow other witnesses freely to testify, or to produce books, papers or records, or by encouraging other witnesses to fail or refuse to appear, or to testify, or to produce books, papers or records, the welfare division is authorized and empowered to terminate and withdraw all assistance from the recipient, pursuant to law.

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

 

________

 

 

CHAPTER 599, SB 334

Senate Bill No. 334–Committee on Health and Welfare

CHAPTER 599

AN ACT relating to the rehabilitation division of the department of health, welfare and rehabilitation; permitting the payment of certain educational expenses of division employees; creating the rehabilitation division revolving fund; and providing other matters properly relating thereto.

 

[Approved April 27, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 281.150 is hereby amended to read as follows:

      281.150  1.  Pursuant to the provisions of section 1 of [this act,] Assembly Bill No. 591 of the 56th session of the legislature, any department, board, commission or agency of the State of Nevada may authorize the expenditure of public money or expend public money for the payment of educational leave stipends to any officer or employee of the State of Nevada.

      2.  Notwithstanding the provisions of section 1 of [this act,] Assembly Bill No. 591 of the 56th session of the legislature, the welfare division of the department of health, welfare and rehabilitation may, where part of the cost of educational leave stipends may be paid from funds made available by the Federal Government or another source to assist in increasing the effectiveness and efficiency of administration of public welfare programs by increasing the number of adequately trained personnel available for work in public welfare programs, grant educational leave stipends. No person may be granted education leave stipends under the provisions of this subsection until such person has entered into a contract with the welfare division whereby such person agrees to pursue only courses required for social work degrees and to return to the employ of such division on the basis of 1 year for each 9 months’ educational leave taken or to refund the amount of such stipends. Performance of the employment contract may be waived by the state welfare board in cases of extreme hardship or other valid excuse.


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

ê1971 Statutes of Nevada, Page 1325 (Chapter 599, SB 334)ê

 

employment contract may be waived by the state welfare board in cases of extreme hardship or other valid excuse.

      The provisions of section 1 of Assembly Bill No. 591 of the 56th session of the legislature shall not be construed to apply to employees of the rehabilitation division of the department of health, welfare and rehabilitation where the educational expenses are paid from funds made available by the Federal Government or another source to assist the recipient to remain current in techniques and procedures relating to his employment. No person may be granted assistance under this subsection without the prior approval of the administrator of the rehabilitation division as to educational subject matter.

      Sec. 2.  Chapter 615 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  There is hereby created in the state treasury the rehabilitation division revolving fund to be used for the payment of claims of clients and vendors under procedures established by the division.

      2.  Upon written request from the administrator, the state controller is authorized and directed to draw his warrant from funds already appropriated in favor of the administrator in the sum of $5,000, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury. When the warrant is paid, the administrator shall deposit the $5,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners.

      3.  After expenditure of money from the revolving fund, the administrator shall present a claim to the state board of examiners to be passed upon as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of such claim in favor of the rehabilitation division revolving fund, to be paid to the order of the administrator, and the state treasurer shall pay the same.

      Sec. 3.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________

 

 

CHAPTER 600, SB 327

Senate Bill No. 327–Committee on Transportation

CHAPTER 600

AN ACT relating to highways; adding new sections providing for the regulation of outdoor advertising adjacent to the interstate and primary highway systems; providing for the administration of such controls; providing for rules and regulations; and providing other matters properly relating thereto.

 

[Approved April 27, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.

      Sec. 2.  1.  The legislature hereby finds and declares that:

      (a) The erection and maintenance of outdoor advertising signs, displays and devices, in areas adjacent to the rights-of-way of the interstate highway system and the primary highway system within this state, is a legitimate commercial use of private property adjacent to roads and highways and that regulation and control or removal of such outdoor advertising is necessary to the system of state highways declared essential by NRS 408.100.


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

ê1971 Statutes of Nevada, Page 1326 (Chapter 600, SB 327)ê

 

and devices, in areas adjacent to the rights-of-way of the interstate highway system and the primary highway system within this state, is a legitimate commercial use of private property adjacent to roads and highways and that regulation and control or removal of such outdoor advertising is necessary to the system of state highways declared essential by NRS 408.100.

      (b) The erection and maintenance of such advertising in such locations must be regulated:

             (1) To prevent unreasonable distraction of operators of motor vehicles, confusion with regard to traffic lights, signs or signals and other interference with the effectiveness of traffic regulations;

             (2) To promote the safety, convenience and enjoyment of travel on the state highways in this state;

             (3) To attract tourists and promote the prosperity, economic well-being and general welfare of the state;

             (4) For the protection of the public investment in the state highways; and

             (5) To preserve and enhance the natural scenic beauty and aesthetic features of the highways and adjacent areas.

      (c) All outdoor advertising which does not conform to the requirements of sections 2 to 21, inclusive, of this act is contrary to the public safety, health and general welfare of the people of this state.

      2.  It is the intent of the legislature in sections 2 to 21, inclusive, of this act to provide a statutory basis for regulation of outdoor advertising consistent with the public policy declared by the Congress of the United States in areas adjacent to the interstate and primary highway systems.

      Sec. 3.  As used in sections 2 to 21, inclusive, of this act the words and terms defined in sections 4 to 11, inclusive, of this act, have the meanings ascribed to them in sections 4 to 11, inclusive, of this act unless a different meaning clearly appears in the context.

      Sec. 4.  “Edge of the right-of-way” means the property line between the area acquired for state highway right-of-way and the abutting area.

      Sec. 5.  “Information centers” means areas or sites established and maintained at safety rest areas for the purpose of informing the traveling public of places of interest within the state and providing such other information as the state highway engineer may consider desirable.

      Sec. 6.  “Interstate highway” means a portion of the National System of Interstate and Defense Highways located within this state, as officially designated pursuant to the provisions of Title 23, U.S.C.

      Sec. 7.  “Outdoor advertising,” “outdoor advertising sign, display or device” and “sign, display or device” mean any outdoor sign, display, device, light, figure, painting, drawing , message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main-traveled way of the interstate or primary highway systems.

      Sec. 8.  “Primary highway” means a portion of the connected main highways as officially designated pursuant to the provisions of Title 23, U.S.C.


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

ê1971 Statutes of Nevada, Page 1327 (Chapter 600, SB 327)ê

 

      Sec. 9.  “Safety rest areas” means areas or sites established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public.

      Sec. 10.  “Unzoned commercial or industrial area” means an area which, although not zoned by authority of state or local law, ordinance or regulation, is actually used for commercial or industrial purposes as determined and defined by criteria embodied in the written agreement between the Secretary of Transportation and the board.

      Sec. 11.  “Zoned commercial or industrial area” means an area zoned for commercial or industrial uses by authority of state or local law, ordinance or regulation.

      Sec. 12.  After the effective date of this act, no outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate or primary highway systems in this state except the following:

      1.  Directional, warning, informational and other official signs and notices, including but not limited to signs and notices pertaining to natural wonders, scenic and historic attractions. Only those signs are permitted which are required or authorized by law or by federal, state or county authority, and which conform to national standards promulgated by the Secretary of Transportation pursuant to 23 U.S.C. § 131.

      2.  Signs, displays and devices which advertise the sale or lease of the property upon which they are located.

      3.  Signs, displays and devices which advertise the activity or activities conducted or services rendered or the goods produced or sold upon the property upon which such advertising sign, display or device is erected.

      4.  Signs, displays and devices located in zoned commercial or industrial areas.

      5.  Signs, displays and devices located in an unzoned commercial or industrial area as defined in section 10 of this act.

      Sec. 13.  The board shall:

      1.  Enter into the agreement with the Secretary of Transportation provided for by 23 U.S.C. § 131(d), setting forth the criteria governing unzoned commercial or industrial areas and the spacing, size and lighting of outdoor advertising coming within the exceptions contained in subsections 4 and 5 of section 12 of this act. Such criteria shall be consistent with customary use in the outdoor advertising industry in this state insofar as such customary use is consonant with the objectives of the legislature as declared in sections 2 to 21, inclusive, of this act.

      2.  Prescribe regulations governing the issuance of permits by the engineer for the erection and maintenance of outdoor advertising coming within the exceptions contained in subsections 4 and 5 of section 12 of this act. Such regulations shall be consistent with the criteria governing size, lighting and spacing of outdoor advertising as established by agreement between the Secretary of Transportation and the board pursuant to subsection 1 of this section.

      3.  Prescribe regulations governing the issuance of permits by the engineer for the erection and maintenance of outdoor advertising coming within the exception contained in subsection 1 of section 12 of this act.


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

ê1971 Statutes of Nevada, Page 1328 (Chapter 600, SB 327)ê

 

Such regulations shall be consistent with the national standards promulgated by the Secretary of Transportation pursuant to 23 U.S.C. § 131 (c)(1).

      Sec. 14.  1.  Any outdoor advertising sign, display or device located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate or primary highway systems in this state, which was lawfully in existence and maintained on September 1, 1965, and which is not within one of the exceptions set forth in section 12 of this act, shall be removed no later than July 1, 1973, or 3 years from the date funds are available for such removal.

      2.  Any other outdoor advertising sign, display or device located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway of the interstate or primary system, and which is not within one of the exceptions set forth in section 12 of this act, shall be removed not later than the end of the fifth year after it becomes nonconforming.

      3.  Any outdoor advertising sign, display or device located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate or primary highway system and which is lawfully maintained on or after the effective date of this act, but which subsequently becomes nonconforming with the provisions of sections 2 to 21, inclusive, of this act by reason of amendment of such provisions or change in regulations or agreements prescribed or entered into as authorized by sections 2 to 21, inclusive, of this act may be maintained until the end of the fifth year after it becomes nonconforming.

      4.  No compensation shall be paid upon removal of any outdoor advertising sign, display or device erected after the effective date of this act which as a result thereof become nonconforming. However, such outdoor advertising sign, display or device shall be removed only when all other outdoor advertising signs, displays or devices existing on the effective date of this act have been removed.

      Sec. 15.  1.  Just compensation shall be paid upon the removal of any outdoor advertising sign, display or device removed in accordance with the requirements of section 14 of this act.

      2.  Such compensation shall be paid for the following:

      (a) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in and to such sign, display or device; and

      (b) The taking from the owner of the real property on which the sign, display or device is located of the right to erect and maintain such existing signs, displays and devices.

      3.  Such compensation shall be paid by the state from the state highway fund, if a proportionate part of such compensation is reimbursable from federal funds in accordance with 23 U.S.C. § 131.

      Sec. 16.  Any outdoor advertising sign, display or device erected after the effective date of this act which violates the provisions of sections 2 to 21, inclusive, of this act is hereby declared to be a public nuisance and the engineer shall remove any such sign, display or device which is not removed prior to the expiration of 30 days after personal service of notice of such violation and demand for removal upon the landowner and the owner of such sign or their agents.


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

ê1971 Statutes of Nevada, Page 1329 (Chapter 600, SB 327)ê

 

of such violation and demand for removal upon the landowner and the owner of such sign or their agents. Removal by the department of such sign, display or device on the failure of such owners to comply with such notice and demand shall give the department a right of action to recover the expense of such removal, cost and expenses of suit.

      Sec. 17.  In order to provide information in the specific interest of the traveling public, the engineer is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas. The engineer is also authorized to establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as he may consider desirable.

      Sec. 18.  The engineer may, in consultation with the Secretary of Transportation, provide within the right-of-way of the interstate highway system for areas at appropriate distances from interchanges at which signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained. Such signs shall conform to national standards prescribed by the Secretary of Transportation.

      Sec. 19.  1.  All persons and business entities engaged in the outdoor advertising business, which includes, but is not limited to, the erection, maintenance and selling of advertising space on and along the interstate and primary highways of this state, shall, not later than January 1, 1972, furnish the engineer a written inventory of all outdoor advertising signs, displays or devices erected and being maintained by such person or entity. Such inventory shall include, with respect to each such sign, not less than the following information:

      (a) Location and dimensions of the sign;

      (b) Distance from the nearest edge of the right-of-way;

      (c) Date erected; and

      (d) Name and address of the owner of the property on which the sign is located.

      2.  For failure to comply with the conditions set forth in this section the board may declare such outdoor advertising signs, displays or devices to be a public nuisance and remove them in the manner provided by section 16 of this act.

      Sec. 20.  1.  The board shall prescribe:

      (a) Rules and regulations governing the issuance of permits for advertising signs, displays or devices and the collection of fees therefor reasonably related to defraying the administrative costs of processing and issuing such permits; and

      (b) Such other rules and regulations as it deems necessary to implement the provisions of sections 2 to 21, inclusive, of this act.

      2.  No fee shall be collected for any authorized directional sign, display or device, or for authorized signs, displays or devices erected by chambers of commerce, civic organizations or local governments, advertising exclusively any city, town or geographic area.

      3.  All permit fees shall be deposited with the state treasurer in the state highway fund.

      Sec. 21.  The provisions of sections 2 to 20, inclusive, of this act:


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

ê1971 Statutes of Nevada, Page 1330 (Chapter 600, SB 327)ê

 

      1.  Are supplementary to the provisions of NRS 405.020 to 405.110, inclusive. Where both such sets of provisions apply to any outdoor advertising sign, display or device, that set of provisions which prohibits the erection or maintenance of such sign, display or device shall prevail.

      2.  Shall remain effective only so long as federal-aid highway funds are apportioned to the State of Nevada and the Federal Government reimburses the state in accordance with 23 U.S.C. § 131 for its share of compensation required for the removal of outdoor advertising signs, displays and devices.

      Sec. 22.  1.  Sections 14 and 19 of this act shall become effective upon passage and approval.

      2.  Subsection 1 of section 13 of this act shall become effective upon passage and approval for the purpose of authorizing the board to enter into an agreement with the Secretary of Transportation.

      3.  The balance of this act shall become effective 30 days following the execution of the agreement between the board and the Secretary of Transportation and the filing of certified copies thereof with the state highway engineer, the secretary of state and the legislative counsel.

 

________

 

 

CHAPTER 601, SB 467

Senate Bill No. 467–Committee on Federal, State and Local Governments

CHAPTER 601

AN ACT relating to leases and rentals of highway property; authorizing the lease of real property interest above or below an established grade line of highway pavement; defining “grade line”; and providing other matters properly relating thereto.

 

[Approved April 27, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “Grade line” means the elevation above sea level of the surface of a highway.

      Sec. 2.  NRS 408.985 is hereby amended to read as follows:

      408.985  1.  In all cases where it is found advisable by the department to acquire real property, interests therein, or improvements thereon in advance of the actual construction, reconstruction or improvement of highways or to acquire the same in order to avoid the payment of excessive damages, such real property, interests therein, or improvements thereon may be leased or rented by the department in such manner, for such periods of time, and for such sums as are determined by the engineer to be in the best interests of the state.

      2.  The engineer may lease space above and below the established grade line of the highway to state and public agencies and private persons in such manner, for such periods of time, and for such consideration as he determines is in the best interest of the state, provided:


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

ê1971 Statutes of Nevada, Page 1331 (Chapter 601, SB 467)ê

 

      (a) The full use and safety of the highway will not be impaired.

      (b) Vehicular or pedestrian access to such real property interests will not be required or permitted from the established grade line.

      (c) The free flow of traffic on the highway is not interfered with in any way.

      (d) All leases of such real property interests heretofore entered into by the department are hereby ratified. All future leases shall be ratified or approved by the board of directors of the department of highways subject to the provisions of paragraph (e).

      (e) Whenever the department receives a proposal of intention to negotiate such space, which it considers feasible and acceptable in principal, it shall publish a notice in a newspaper of general circulation at least once a week for a period of 2 weeks, that it has received such proposal, and that it will receive other proposals for use of such space for a period of 60 days after completion of such publication. A copy of such notice shall be mailed to each local governmental unit in the affected area.

      3.  All moneys received for such leases and rentals shall be deposited with the state treasurer to be credited to the state highway fund.

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

 

________

 

 

CHAPTER 602, AB 352

Assembly Bill No. 352–Messrs. Olsen and Bryan

CHAPTER 602

AN ACT creating a family court in certain counties; establishing the jurisdiction of such courts; providing a penalty for contempts thereof; and providing other matters properly relating thereto.

 

[Approved April 27, 1971]

 

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

do enact as follows:

 

      Section 1.  Title 1 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  1.  There is hereby created, in counties having a population of 200,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, a family court, as a division of the district court.

      2.  Whenever used in Nevada Revised Statutes, the term “district court” means the family court whenever relating to matters within the jurisdiction of the family court as specified in this chapter.

      Sec. 3.  The Nevada supreme court may assign two judges from the district court of the county in which such court is located to serve as family court judges for a period of time set by the supreme court.

      Sec. 4.  Except as otherwise provided in this chapter, the family court shall have jurisdiction in proceedings:

      1.  Concerning any person under 18 years of age:

      (a) Whose parent or other person legally responsible for the care and support of such child neglects or refuses, when able to do so, to provide proper or necessary support or education as required by law, or medical, surgical or other care necessary for his well-being; or who is abandoned by his parent or other custodian; or who is otherwise without proper care, custody or support.


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

ê1971 Statutes of Nevada, Page 1332 (Chapter 602, AB 352)ê

 

support of such child neglects or refuses, when able to do so, to provide proper or necessary support or education as required by law, or medical, surgical or other care necessary for his well-being; or who is abandoned by his parent or other custodian; or who is otherwise without proper care, custody or support. The family court judges may rerefer cases to the district court where the law requires such a referral.

      (b) Who violates any state law or municipal ordinance, or any other rule or regulation having the force of law.

      (c) Where judicial consent is required for marriage, employment or service in the Armed Forces of the United States.

      2.  Under chapter 125 of NRS when any child of the marriage under the age of 18 is involved, and in all proceedings under chapters 126, 127, 128 and 130 of NRS.

      Sec. 5.  The family court shall have exclusive jurisdiction over any offense committed against a child under 18 years of age by the parent or guardian or any other adult having legal or physical custody of such child.

      Sec. 6.  If any proceeding involving a minor 16 years of age or older is based on an act which would have been a felony if committed by an adult, the family court, after a full investigation and hearing, may, in its discretion, certify such minor to the district court for trial if it deems such action in the best interests of the child or the public.

      Sec. 7.  Any adult who willfully violates, neglects or refuses to obey any lawful order of the court is guilty of contempt and may be punished by a fine not to exceed $500, or by imprisonment for not to exceed 60 days, or by both such fine and imprisonment.

      Sec. 8.  In addition to the powers imposed by this chapter, the family court shall have all powers not inconsistent with the provisions of this chapter, imposed upon juvenile courts by chapter 62 of NRS.

      Sec. 9.  NRS 3.190 is hereby amended to read as follows:

      3.190  1.  [The] Except as provided in sections 2 to 8, inclusive, of this act, the district courts, severally, have original jurisdiction in:

      (a) All cases in equity.

      (b) All cases at law which involve the title or the right of possession to, or the possession of real property or mining claims, or the legality of any tax, impost, assessment, toll or municipal fine.

      (c) All actions to foreclose mechanics’ liens.

      (d) All cases in which the demand, exclusive of interest, or the value of the property in controversy, exceeds $300.

      (e) All cases relating to the estates of deceased persons, and the persons and estates of minors, idiots and insane persons.

      (f) The action of forcible entry and unlawful detainer.

      (g) All criminal cases not otherwise provided for by law.

      (h) All cases in which election to a public office, including the office of presidential elector, is contested, except those offices enumerated in NRS 293.407.

      2.  They shall also have final appellate jurisdiction in cases arising in justices’ courts and such other inferior tribunals as may be established by law.

      3.  The district courts and the judges thereof shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction.


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

ê1971 Statutes of Nevada, Page 1333 (Chapter 602, AB 352)ê

 

writs proper and necessary to the complete exercise of their jurisdiction. They also shall have power to issue writs of habeas corpus, on petition by, or on behalf of, any person held in actual custody in their respective districts.

      Sec. 10.  NRS 62.040 is hereby amended to read as follows:

      62.040  1.  Except as otherwise provided in this chapter [,] and in sections 2 to 8, inclusive, of this act, the court shall have exclusive original jurisdiction in proceedings:

      (a) Concerning any child living or found within the county:

             (1) Whose parent or other person legally responsible for the care and support of such child neglects or refuses, when able so to do, to provide proper or necessary support or education as required by law, or medical, surgical or other care necessary for his well-being; or who is abandoned by his parent or other custodian; or who is otherwise without proper care, custody or support.

             (2) Whose occupation, behavior, environment or associations are injurious to his welfare.

             (3) Who deserts his home or who is habitually disobedient or beyond the control of his parent or other custodian.

             (4) Who, being required by law to attend school, habitually and willfully violates rules thereof or absents himself therefrom.

             (5) Who violates any state law or municipal ordinance, or any other rule or regulation having the force of law.

      (b) Concerning any person over the age of 18 years and under the age of 21 years charged with having violated any provision of subparagraph (5) of paragraph (a) prior to having become 18 years of age. Such a minor shall be dealt with under the provisions of this chapter relating to children.

      (c) For the care or commitment to an institution of a mentally retarded child.

      2.  Nothing contained in this chapter shall deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.

 

________

 

 

CHAPTER 603, AB 159

Assembly Bill No. 159–Messrs. Bryan, Dreyer, Hilbrecht, Smalley, McKissick, Lowman, Misses Foote, Hawkins, Mrs. Brookman, Messrs. May and Olsen

CHAPTER 603

AN ACT relating to minors; permitting hospital, medical and surgical care for the treatment of drug abuse or related illness without parental consent; requiring a subsequent report of such treatment; providing an exception; and providing other matters properly relating thereto.

 

[Approved April 27, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 129 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any physician or surgeon licensed in this state may treat any minor for drug abuse and related illnesses without the consent of the parent or parents or legal guardian of the minor, if such minor:

 


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

ê1971 Statutes of Nevada, Page 1334 (Chapter 603, AB 159)ê

 

minor for drug abuse and related illnesses without the consent of the parent or parents or legal guardian of the minor, if such minor:

      (a) Is under the influence of a narcotic drug or a dangerous or hallucinogenic drug;

      (b) States that he has been abusing narcotic drugs or dangerous or hallucinogenic drugs and requests treatment.

      2.  Any physician or surgeon who treats a minor pursuant to subsection 1 shall make every reasonable effort to report the fact of such treatment to the parent or parents or legal guardian of the minor within a reasonable time after the treatment. Any physician or surgeon who treats a minor pursuant to subsection 1 shall make every reasonable effort to report the fact of such treatment to the parent or parents or legal guardian of the minor within a reasonable time after the treatment if the physician or surgeon determines that it would not interfere with rehabilitation of such minor.

      3.  Immunity from civil or criminal liability extends to any such physician or surgeon rendering such treatment, in the absence of negligent diagnosis or treatment.

      Sec. 2.  NRS 129.030 is hereby amended to read as follows:

      129.030  1.  Notwithstanding any other provision of law, and without limiting cases in which consent may otherwise be obtained or is not required, any emancipated minor or any minor who has contracted a lawful marriage may give consent to the furnishing of hospital, medical and surgical care to himself, and his consent shall not be subject to disaffirmance because of minority. [The consent of the parent or parents of such minor shall not be necessary in order to authorize hospital, medical and surgical care.] For the purposes of this [section] subsection only, subsequent judgment of annulment of such marriage or judgment of divorce shall not deprive such person of his adult status once attained.

      2.  Notwithstanding any other provision of law, any minor who is under the influence of, or suspected of being under the influence of, a narcotic drug or a dangerous or hallucinogenic drug:

      (a) May give express consent; or

      (b) If unable to give express consent, shall be deemed to consent,

to the furnishing of hospital, medical or surgical care for the treatment of drug abuse or related illness by any public or private hospital or any licensed physician or surgeon, and his consent shall not be subject to disaffirmance because of minority. Immunity from civil or criminal liability extends to any person providing such care, in the absence of negligence in such care.

      3.  The consent of the parent or parents or the legal guardian of any minor described in subsections 1 and 2 shall not be necessary in order to authorize such hospital, medical or surgical care.

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

 

________


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

ê1971 Statutes of Nevada, Page 1335ê

 

CHAPTER 604, SB 651

Senate Bill No. 651–Committee on Legislative Functions

CHAPTER 604

AN ACT increasing the compensation of certain officers and employees of the legislature on and after July 1, 1971; removing the limitation on payment of per diem expense allowances to the secretary of the senate and the chief clerk of the assembly; and providing other matters properly relating thereto.

 

[Approved April 27, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 218.230 is hereby amended to read as follows:

      218.230  There shall be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each day’s employment and no more:

 

                                                   Senate

 

Assistant secretary................................................................... [$30]       $32

Assistant sergeant-at-arms..............................................................           20

Clerks...................................................................................................           15

Committee stenographer.......................................................... [25]          30

History clerk................................................................................ [25]          30

Journal clerk................................................................................ [25]          30

Minute clerk................................................................................ [25]          30

Page......................................................................................................           15

Secretary.............................................................................................           40

Sergeant-at-arms........................................................................ [25]          30

Stenographers.....................................................................................           22

Supervisor of clerks.................................................................... [20]          22

 

                                                   Assembly

 

Assistant chief clerk................................................................. [$30]       $32

Assistant sergeant-at-arms....................................................... [18]          22

Chief clerk...........................................................................................           40

Clerks...................................................................................................           15

Committee stenographer.......................................................... [25]          30

History clerk................................................................................ [25]          30

Journal clerk................................................................................ [25]          30

Minute clerk................................................................................ [25]          30

Pages....................................................................................................           15

Sergeant-at-arms........................................................................ [25]          30

Stenographers.....................................................................................           22

Supervisor...........................................................................................           28

Supervisor of clerks...........................................................................           22

Supply clerk................................................................................. [17]          20

Typists.................................................................................................           17

 

      Sec. 2.  NRS 218.235 is hereby amended to read as follows:

      218.235  [By] 1.  Until July 1, 1971, by adoption of a simple resolution the senate may authorize the payment to the secretary of the senate of a per diem expense allowance of $15 per day from the legislative fund while the legislature is in session, but the total amount paid shall not exceed the sum of [$900] $1,200 in any regular legislative session or the sum of [$300] $400 in any special legislative session.


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ê1971 Statutes of Nevada, Page 1336 (Chapter 604, SB 651)ê

 

of a per diem expense allowance of $15 per day from the legislative fund while the legislature is in session, but the total amount paid shall not exceed the sum of [$900] $1,200 in any regular legislative session or the sum of [$300] $400 in any special legislative session.

      2.  On and after July 1, 1971, by adoption of a simple resolution the senate may authorize the payment to the secretary of the senate of a per diem expense allowance of $15 per day from the legislative fund while the legislature is in session.

      Sec. 3.  NRS 218.237 is hereby amended to read as follows:

      218.237  [By] 1.  Until July 1, 1971, by adoption of a simple resolution the assembly may authorize the payment to the chief clerk of the assembly of a per diem expense allowance of $15 per day from the legislative fund while the legislature is in session, but the total amount paid shall not exceed the sum of [$900] $1,200 in any regular legislative session or the sum of [$300] $400 in any special legislative session.

      2.  On and after July 1, 1971, by adoption of a simple resolution the assembly may authorize the payment to the chief clerk of the assembly of a per diem expense allowance of $15 per day from the legislative fund while the legislature is in session.

      Sec. 4.  Section 1 of this act shall become effective on July 1, 1971. Sections 2, 3 and 4 of this act shall become effective on passage and approval and shall operate retroactively to January 18, 1971.

 

________

 

 

CHAPTER 605, AB 242

Assembly Bill No. 242–Mr. Torvinen

CHAPTER 605

AN ACT relating to crimes against property; providing a penalty for issuance of a check for wages without sufficient funds; and providing other matters properly relating thereto.

 

[Approved April 27, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 205.130 is hereby amended to read as follows:

      205.130  1.  Every person who for himself, or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money or for the payment of any labor claim or claims, except claims specified in subsection 2, or delivery of other valuable property, directed to or drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when in fact such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be guilty of a misdemeanor unless such instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, in which case such person shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.


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ê1971 Statutes of Nevada, Page 1337 (Chapter 605, AB 242)ê

 

shall, upon conviction thereof, be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment. Any person having been previously convicted three times of a misdemeanor under the provisions of this section, or of any offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who shall violate this section shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine or not more than $5,000, or by both fine and imprisonment.

      2.  Any person who for himself, or as an officer of a corporation, willfully issues any check, bill, note or other instrument in writing for the payment of wages in excess of $100, when such person has, and has knowledge of having, insufficient money or credit with the drawee of such instrument to make payment of the instrument in full upon presentation is guilty of a gross misdemeanor.

      3.  The word “credit” as used [herein shall be construed to be] in this section means an arrangement or understanding with the person, firm, corporation, bank or depositary for the payment of such check, order or draft.

      [3.] 4.  As against the maker or drawer thereof, the making, drawing, uttering or delivering of any check for the purpose of obtaining money, merchandise, property, credit, thing of value or payment of obligation upon any bank, depositary, person, firm or corporation, payment of which is refused by the drawee when presented in the usual course of business because of insufficient funds, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depositary, if such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the protest fees, within 10 days after notice has been sent to the maker or drawer that such check, draft or order has not been paid by the drawee. Such notice shall be sent to the maker or drawer by registered mail, return receipt requested, at the address on the check, draft or order. Return of the notice because of nondelivery to the maker or drawer raises a rebuttable presumption of intent to defraud. Refusal of payment by the drawee because of a nonexistent account is prima facie evidence of intent to defraud.

      [4.] 5.  If, pursuant to the provisions of this section, a complainant causes a criminal action to be commenced against a person charging such person with a violation of this section, and thereafter the complainant refuses to testify in such action, it shall be presumed from such fact or facts that the complainant has engaged in an act of malicious prosecution or abuse of process.

      [5.] 6.  A notice in boldface type clearly legible and in substantially the following form shall be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:

 

       The issuance of a check or checks without funds or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both such fine and imprisonment, and the issuance of such a check or checks in an amount of $100 or more or by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.


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

ê1971 Statutes of Nevada, Page 1338 (Chapter 605, AB 242)ê

 

such fine and imprisonment, and the issuance of such a check or checks in an amount of $100 or more or by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

 

Such notice shall be prepared and copies thereof supplied on demand by the superintendent of the department of state printing, who may charge a fee based on cost for each copy of such notice supplied to any person.

 

________

 

 

CHAPTER 606, AB 726

Assembly Bill No. 726–Mr. Swackhamer

CHAPTER 606

AN ACT to authorize boards of trustees of county school districts and boards of county hospital trustees in certain counties to establish and administer separate bank accounts without duplication by the county treasurer; providing a penalty; and providing other matters properly relating thereto.

 

[Approved April 27, 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 a new section which shall read as follows:

      Notwithstanding any other provisions of law, in counties with a population of less than 20,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:

      1.  The board of trustees of any county school district or the board of hospital trustees of any county hospital may establish and administer separate bank accounts in any bank whose deposits are insured by the Federal Deposit Insurance Corporation for all moneys received by the county treasurer which are by law to be administered and expended by such boards. The county treasurer shall transfer such moneys to such separate bank account when the following conditions are met:

      (a) The board of trustees of the county school district or the board of hospital trustees of the county hospital shall adopt a resolution declaring an intention to establish and administer a separate bank account in accordance with the provisions of this section.

      (b) The board of trustees of the county school district or the board of hospital trustees of the county hospital shall send a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the state department of education, attested by the secretary of such board, declaring the intention of such board to establish and administer a separate bank account in accordance with the provisions of this section.


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

ê1971 Statutes of Nevada, Page 1339 (Chapter 606, AB 726)ê

 

      (c) The board of trustees of the county school district or the board of hospital trustees of the county hospital shall submit monthly reports, listing all transactions involving the separate bank account, to the county treasurer, the county auditor, the board of county commissioners, and, in the case of the board of trustees of the county school district, to the state department of education. Such reports shall be certified by the secretary of such board. In addition, such boards shall give a full account and record of all moneys in such accounts upon request of the board of county commissioners.

      2.  The separate bank account of the board of trustees of the county school district established under the provisions of this section shall be composed of two funds:

      (a) The county school district fund; and

      (b) The county school district building and sites fund.

      3.  The separate bank account established by the board of county hospital trustees shall be known as the county hospital fund.

      4.  No expenditures from either bank account shall be made in excess of the balance of such bank account.

      5.  Such a bank account shall support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to debt service, capital outlay and operating expenses.

      6.  The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of funds in any such separate bank account, may order the closing of such account and the return of such funds to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district or the board of hospital trustees of the county hospital shall be entitled to a hearing before the board of county commissioners.

      Sec. 2.  NRS 354.270 is hereby amended to read as follows:

      354.270  1.  The county treasurer of each county shall issue a receipt in triplicate for all moneys received by him. The original shall be delivered to the payee, the duplicate immediately filed by the county treasurer with the county auditor, and the triplicate retained by the county treasurer. The duplicate and triplicate receipts shall, in addition to showing the amount and source of revenue, contain an apportionment to the proper funds as follows:

      (a) All revenue collected for general, administrative, current expense, salary, indigent and contingent purposes shall be apportioned to the general fund.

      (b) All revenue collected for special purposes shall be apportioned to special funds, or to separate bank accounts established under the provisions of section 1 of this act, that have been or may be created, the purpose of which shall be indicated in the title of each special fund.

      2.  This section shall be considered mandatory, and any county treasurer failing to comply with the provisions of this section shall be punished as provided in NRS 354.310.

      Sec. 3.  NRS 354.280 is hereby amended to read as follows:

      354.280  1.  The county treasurer shall:


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ê1971 Statutes of Nevada, Page 1340 (Chapter 606, AB 726)ê

 

      (a) Keep a complete record of the source and amount of all receipts, apportionments to, payments from, and balances in all funds [;] and separate bank accounts established under section 1 of this act; and

      (b) Submit to the board of county commissioners, at its first regular meeting each month, a statement containing the information required in paragraph (a) for the previous month, giving the balance in each county, state and special fund [,] and separate bank accounts established under section 1 of this act, the total amount in all school district funds, and the total thereof at the close of business on the last day of each month, together with a statement of all moneys on deposit, outstanding checks against the same, and cash on hand.

      2.  The statement shall be supported by certified statements from each county depositary showing the amount on deposit to the credit of the county treasurer on such date [,] and by certified statements from any board which has established a separate bank account under the provisions of section 1 of this act, showing the amount on deposit in such account on such date and shall be subscribed and sworn to before the county auditor before being submitted to the board of county commissioners.

      3.  This section shall be considered mandatory, and any county treasurer failing to comply with the provisions of this section shall be punished as provided in NRS 354.310.

      Sec. 4.  NRS 354.290 is hereby amended to read as follows:

      354.290  1.  The county auditor of each county shall:

      (a) Audit all apportionments made by the county treasurer.

      (b) Keep a complete record of all such apportionments to and disbursements from funds [.] and separate bank accounts established under section 1 of this act.

      (c) Keep accounts showing the amount of revenue received from each of the various sources, the amount of expenditures of the various departments and the object of such expenditures.

      2.  At the first regular meeting of the board of county commissioners in October, January, April and July, the county auditor shall submit to the board a statement containing the information required by subsection 1 in such detail as may be required, but such statement shall, in any event, show the amount of outstanding warrants against and the available balance in each county, state and special fund [,] and separate bank account established under section 1 of this act, the total amount in all school district funds, and the total thereof, together with an analysis of receipts and disbursements for the previous quarter by account and fund. Such analysis shall use the same accounts and funds as were used in the budget adopted by the board of county commissioners for the applicable fiscal year and shall be so organized as to relate directly to such budget.

      3.  This section shall be considered mandatory, and any county auditor failing to comply with the provisions of this section shall be punished as provided in NRS 354.310.

      Sec. 5.  NRS 354.470 is hereby amended to read as follows:

      354.470  NRS 354.470 to 354.626, inclusive, section 1 of this act and sections 2 and 3 of [this act,] Senate Bill No. 586 of the 56th session of the legislature may be cited as the Local Government Budget Act.

      Sec. 6.  NRS 354.472 is hereby amended to read as follows:

      354.472  1.  The purposes of NRS 354.470 to 354.626, inclusive, section 1 of this act and sections 2 and 3 of [this act,] Senate Bill No.


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ê1971 Statutes of Nevada, Page 1341 (Chapter 606, AB 726)ê

 

section 1 of this act and sections 2 and 3 of [this act,] Senate Bill No. 586 of the 56th session of the legislature, 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.

      (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, and section 1 of this act shall be broadly and liberally construed.

      Sec. 7.  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, section 1 of this act and sections 2 and 3 of [this act] Senate Bill No. 586 of the 56th session of the legislature, shall apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive, section 1 of this act and sections 2 and 3 of [this act] Senate Bill No. 586 of the 56th session of the legislature “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, section 1 of this act and sections 2 and 3 of [this act,] Senate Bill No. 586 of the 56th session of the legislature, 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, section 1 of this act and sections 2 and 3 of [this act,] Senate Bill No. 586 of the 56th session of the legislature, in addition to the requirements of chapter 539 of NRS.

      Sec. 8.  NRS 354.476 is hereby amended to read as follows:

      354.476  As used in NRS 354.470 to 354.626, inclusive, section 1 of this act and sections 2 and 3 of [this act,] Senate Bill No. 586 of the


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

ê1971 Statutes of Nevada, Page 1342 (Chapter 606, AB 726)ê

 

56th session of the legislature, 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. 9.  NRS 354.588 is hereby amended to read as follows:

      354.588  For the purposes of NRS 354.470 to 354.626, inclusive, section 1 of this act and sections 2 and 3 of [this act,] Senate Bill No. 586 of the 56th session of the legislature, 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, section 1 of this act and sections 2 and 3 of [this act.] Senate Bill No. 586 of the 56th session of the legislature.

      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, section 1 of this act and sections 2 and 3 of [this act,] Senate Bill No. 586 of the 56th session of the legislature 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.

      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, section 1 of this act and sections 2 and 3 of [this act,] Senate Bill No. 586 of the 56th session of the legislature 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, section 1 of this act and sections 2 and 3 of [this act.] Senate Bill No. 586 of the 56th session of the legislature. 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 Association of County Commissioners, three persons appointed by the Nevada School Trustees Association and two persons appointed by the Nevada state board of public accountancy. 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, section 1 of this act and sections 2 and 3 of [this act:] Senate Bill No. 586 of the 56th session of the legislature:

      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.


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ê1971 Statutes of Nevada, Page 1343 (Chapter 606, AB 726)ê

 

      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:

      (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 meetings 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, section 1 of this act and sections 2 and 3 of [this act] Senate Bill No. 586 of the 56th session of the legislature 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.


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ê1971 Statutes of Nevada, Page 1344 (Chapter 606, AB 726)ê

 

      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, section 1 of this act and sections 2 and 3 of [this act.] Senate Bill No. 586 of the 56th session of the legislature. 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, section 1 of this act and sections 2 and 3 of [this act.] Senate Bill No. 586 of the 56th session of the legislature. 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, section 1 of this act and sections 2 and 3 of [this act,] Senate Bill No. 586 of the 56th session of the legislature, 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 [.] , and section 1 of this act.

      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 354.624 is hereby amended to read as follows:

      354.624  1.  Each local government shall provide for an annual audit of all funds [and] , accounts and separate bank accounts, established under section 1 of this act, of that local government, and may provide for more frequent audits as it deems necessary. Each annual audit shall be concluded and the audit report filed as provided in subsection 4 not later than 6 months from the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the Nevada tax commission to any local government which makes application for such extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the Nevada tax commission shall cause such audit to be made at the expense of the local government. All audits shall be made by a public accountant certified or registered or by a partnership registered under the provisions of chapter 628 of NRS.

      2.  The governing body may, without requiring competitive bids, designate such accountant or firm annually. The accountant or firm shall be designated not later than 3 months prior to the close of the fiscal year for which the audit is to be made.

      3.  Each annual audit shall cover the business of the local government during the full fiscal year. It shall be a comprehensive audit of the affairs of the local government, including comment on the balance sheets accounts, results of operations, compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by the auditor, and including his expression of opinion as to the adequacy of the financial presentation.


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ê1971 Statutes of Nevada, Page 1345 (Chapter 606, AB 726)ê

 

accounts, results of operations, compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by the auditor, and including his expression of opinion as to the adequacy of the financial presentation. The form of the financial statements shall be prescribed by the Nevada tax commission, and the chart of accounts shall be as nearly as possible the same as that used in the preparation and publication of the annual budget. The audit shall compare operations of the local government with the approved budget. Included shall be a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous audit reports have been acted upon by adoption as recommended, adoption with modifications, or rejection.

      4.  The recommendation and the summary of the narrative comments of the audit report shall be read in full at a meeting of the governing body held not more than 30 days after the report is filed. Immediately thereafter, the entire audit report shall be filed as a public record with:

      (a) The clerk or secretary of the governing body;

      (b) The county clerk;

      (c) The Nevada tax commission;

      (d) In the case of school districts, the state department of education; and

      (e) In the case of general improvement districts subject to the jurisdiction of the public service commission of Nevada pursuant to NRS 318.140 and 318.144, to the commission.

      Sec. 18.  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, section 1 of this act and sections 2 and 3 of [this act] Senate Bill No. 586 of the 56th session of the legislature 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 requires 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.


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ê1971 Statutes of Nevada, Page 1346 (Chapter 606, AB 726)ê

 

      (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. 19.  NRS 385.315 is hereby amended to read as follows:

      385.315  In addition to the powers and duties prescribed in NRS 385.310, the associate superintendent of public instruction for administration shall:

      1.  Investigate any claim against any school fund or separate bank account established under section 1 of this act whenever a written protest against the drawing of a warrant or check in payment of the claim against any school fund or separate bank account established under section 1 of this act shall be filed with the county auditor. If, upon investigation, the associate superintendent of public instruction for administration finds that any claim against any school fund or separate bank account established under section 1 of this act is unearned, illegal or unreasonably excessive, he shall notify the county auditor and the clerk of the board of trustees who drew the order for such claim, stating the reasons in writing why such order is unearned, illegal or excessive. If so notified, the county auditor shall not draw his warrant in payment of such claim [.] nor shall the board of trustees draw a check in payment of such claim from a separate bank account established under section 1 of this act. If the associate superintendent of public instruction for administration finds that any protested claim is legal and actually due the claimant, he shall authorize the county auditor or the board of trustees to draw his warrant or its check drawn on an account established under section 1 of this act for such claim, and the county auditor or the board of trustees shall immediately draw his warrant or its check drawn on an account established under section 1 of this act in payment of the claim.

      2.  Inspect the record books and accounts of boards of trustees, and he shall authorize and enforce an efficient method of keeping the financial records and accounts of the school district.

      3.  Inspect the school fund accounts of the county auditors of the several counties, and he shall report the condition of the funds of any school district to the board of trustees thereof.

      4.  Inspect the separate bank accounts established by boards of trustees under section 1 of this act, and he shall report the condition of such accounts to the respective boards of county commissioners and county treasurers.

      Sec. 20.  NRS 387.170 is hereby amended to read as follows:

      387.170  1.  There is hereby created in each county treasury a fund to be designated as the county school district fund [.] , except as otherwise provided in subsection 3.

      2.  Immediately after March 2, 1956, each county treasurer shall transfer to the county school district fund all public school moneys held by him and remaining to the credit of the several school districts and educational districts abolished by NRS 386.020, the areas of which are included within the county school district, and all public school moneys held by him and remaining to the credit of the county school fund, the county aid to district high school fund, and any other unapportioned county fund established for the support of the public schools.


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

ê1971 Statutes of Nevada, Page 1347 (Chapter 606, AB 726)ê

 

included within the county school district, and all public school moneys held by him and remaining to the credit of the county school fund, the county aid to district high school fund, and any other unapportioned county fund established for the support of the public schools. Any moneys so transferred from an existing school district building reserve fund shall be expended only in the manner provided in NRS 387.290.

      3.  In counties with a population of less than 20,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, all moneys received by the county treasurer under the provisions of NRS 387.175 may be transferred to a separate bank account established and administered by the board of trustees of the county school district under the provisions of section 1 of this act.

      Sec. 21.  NRS 387.177 is hereby amended to read as follows:

      387.177  1.  There is hereby created in each county treasury or in a separate bank account, if established under section 1 of this act, a fund to be designated as the county school district buildings and sites fund.

      2.  The county school district buildings and sites fund shall be composed of:

      (a) Receipts from the rentals and sales of school property.

      (b) Gifts to the school district for any or all of the purposes enumerated in NRS 387.335.

      (c) All moneys received from the Federal Government for the construction of school facilities.

      3.  Moneys in the county school district buildings and sites fund may be expended by the board of trustees, notwithstanding such expenditures have not been budgeted in accordance with law, only for the purposes enumerated in NRS 387.335, and no others.

      Sec. 22.  NRS 387.180 is hereby amended to read as follows:

      387.180  The board of trustees of each county school district shall pay all moneys received by it for school purposes into the county treasury at the end of each month to be placed to the credit of the county school district fund or the county school district buildings and sites fund as provided for in this chapter [.] , except when the board of trustees of a county school district has elected to establish and administer a separate bank account under the provisions of section 1 of this act.

      Sec. 23.  NRS 387.205 is hereby amended to read as follows:

      387.205  1.  Moneys on deposit in the county school district fund or in a separate bank account, if the board of trustees of a county school district has elected to establish such an account under the provisions of section 1 of this act, shall be used for:

      (a) Maintenance and operation of public schools.

      (b) Payment of premiums for Nevada industrial insurance.

      (c) Rent of schoolhouses.

      (d) Construction, furnishing or rental of teacherages, when approved by the superintendent of public instruction.

      (e) Transportation of pupils, including the purchase of new buses.

      (f) School lunch programs, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of such lunch.


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ê1971 Statutes of Nevada, Page 1348 (Chapter 606, AB 726)ê

 

      2.  Money on deposit in the county school district fund, or in a separate bank account, if the board of trustees of a county school district has elected to establish such an account under the provisions of section 1 of this act, when available, may be used for:

      (a) Purchase of sites for school facilities.

      (b) Purchase of buildings for school use.

      (c) Repair and construction of buildings for school use.

      Sec. 24.  NRS 387.210 is hereby amended to read as follows:

      387.210  [Each] Except when the board of trustees of a county school district elects to establish a separate bank account under the provisions of section 1 of this act, each county treasurer shall:

      1.  Receive and hold as a special deposit all public school moneys, whether received by him from the state treasurer or raised by the county for the benefit of the public schools, or from any other source, and keep separate accounts thereof and of their disbursements.

      2.  Pay over all public school moneys received by him only on warrants of the county auditor, issued upon orders of the board of trustees of the county school district. All orders issued in accordance with law by the board of trustees shall be valid vouchers in the hands of the county auditors for warrants drawn upon such orders.

      Sec. 25.  NRS 387.215 is hereby amended to read as follows:

      387.215  Annually, on or before July 10, the county auditor, or the board of trustees of a county school district which has elected to establish and administer a separate bank account for the county school district fund under the provisions of section 1 of this act, shall make to the superintendent of public instruction a full report of the public school moneys received into the county school district fund during the year ending June 30 next previous thereto, together with a particular statement of the disbursements of the school moneys and any balances remaining in the fund, in such form as the superintendent of public instruction may require.

      Sec. 26.  NRS 387.220 is hereby amended to read as follows:

      387.220  1.  If any county treasurer or county auditor shall fail or neglect to perform the duties required of him by NRS 387.210, [and] 387.215 [,] and section 1 of this act, he shall forfeit for the benefit of the county school district fund the sum of $100 from his official compensation.

      2.  Upon notification by the superintendent of public instruction of such failure or neglect on the part of the county treasurer or county auditor, the board of county commissioners shall deduct $100 from the official compensation of such county treasurer or county auditor and shall place the same to the credit of the county school district fund.

      Sec. 27.  NRS 388.190 is hereby amended to read as follows:

      388.190  1.  [On] Except as provided in subsection 2, on written orders of the board of trustees having charge of a school wherein an evening school is located, the county auditor shall issue warrants upon the county treasurer for the payment of valid claims for equipment and maintenance, and for additional salaries of teachers in amounts not to exceed those amounts apportioned to the school district for teachers from the state distributive school fund or from other state and federal funds. All such claims shall be legal charges against the school district fund, and the county treasurer is authorized and directed to pay the same.


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ê1971 Statutes of Nevada, Page 1349 (Chapter 606, AB 726)ê

 

      2.  The board of trustees having charge of a school wherein an evening school is located may issue checks upon a separate bank account established under section 1 of this act for the payment of valid claims for equipment and maintenance, and for additional salaries of teachers in amounts not to exceed those amounts apportioned to the school district for teachers from the state distributive school fund or from other state and federal funds. All such claims shall be legal charges against the school district, and the board of trustees is authorized and directed to pay the same.

      3.  If the legislature has failed to provide funds for the support of evening schools as authorized under NRS 388.160 to 388.190, inclusive, then any board of trustees of a school district desiring to establish an evening school may present the annual budget for the evening school to the board of county commissioners. The board of county commissioners may thereupon authorize the establishment of the evening school, and determine the amount to be allowed for equipment, maintenance and salaries for the evening school and authorize payment for valid claims therefor to be made from the general fund of the county.

      Sec. 28.  NRS 393.3293 is hereby amended to read as follows:

      393.3293  All moneys received by a school district from exchanges of real property as provided in subsection 3 of NRS 393.328 shall be deposited forthwith with the county treasurer to be credited to the school district fund [.] , unless the board of trustees of such county school district has elected to establish and administer a separate bank account under section 1 of this act for the school district fund, in which case such moneys shall be placed in such separate bank account.

      Sec. 29.  NRS 450.250 is hereby amended to read as follows:

      450.250  1.  The board of hospital trustees shall have the exclusive control of:

      (a) The expenditures of all moneys collected to the credit of the hospital fund.

      (b) The purchase of the site or sites.

      (c) The purchase or construction of any hospital building or buildings.

      (d) The supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased or set apart for that purpose.

      2.  All moneys received for the hospital shall be deposited in the county treasury of the county in which the hospital is situated to the credit of the hospital fund, and paid out only upon warrants drawn by the board of hospital trustees of the county or counties upon properly authenticated vouchers of the board of hospital trustees, after approval of the same by the county auditor [.] , except as provided in subsection 3.

      3.  All moneys received for a hospital which is located in a county having a population of less than 20,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may be deposited in a separate bank account established and administered by the board of hospital trustees under the provisions of section 1 of this act.

      Sec. 30.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________


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ê1971 Statutes of Nevada, Page 1350ê

 

CHAPTER 607, SB 418

Senate Bill No. 418–Committee on Labor

CHAPTER 607

AN ACT relating to unemployment compensation; redefining what constitutes employment in certain occupations; including in coverage certain state hospitals, institutions of higher learning, religious and charitable organizations, community chests and others formerly excluded; permitting reciprocal arrangements; eliminating exclusions; limiting benefits in certain circumstances; raising the contribution base; providing for reimbursement in lieu of contributions for some employers; and providing other matters properly relating thereto.

 

[Approved April 27, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 612 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  “American employing unit” means:

      1.  A person who is a resident of the United States;

      2.  A partnership, if two-thirds or more of the partners are residents of the United States;

      3.  A trust if all of the trustees are residents of the United States; or

      4.  A corporation organized under the laws of the United States or of any state.

      Sec. 3.  “Employment” shall not include service performed by an individual under the age of 22 who is enrolled at a nonprofit or public educational institution, which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on, as a student in a full-time program, taken for credit at such institution, which combines academic instruction with work experience, if such service is an integral part of such program, and such institution has so certified to the employer. This section shall not apply to service performed in a program established for or on behalf of an employer or group of employers.

      Sec. 4.  “Employment” shall not include service performed in the employ of a hospital if such service is performed by a patient of the hospital.

      Sec. 5.  “Employment” shall not include service performed by the spouse of a student, if the spouse is advised at the time the spouse commences performing such service that the employment is provided under a program to provide financial assistance to the student by the school, college or university and the employment will not be covered by any program of unemployment compensation.

      Sec. 6.  1.  “Employment” means any service performed:

      (a) As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverage (other than milk) or laundry or dry-cleaning services, for his principal.

      (b) As a traveling or city salesman, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, his principal (except for sideline sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors or operators of hotels, restaurants or other similar establishments for merchandise for resale or supplies for use in their business operations.


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ê1971 Statutes of Nevada, Page 1351 (Chapter 607, SB 418)ê

 

activities on behalf of some other person) of orders from wholesalers, retailers, contractors or operators of hotels, restaurants or other similar establishments for merchandise for resale or supplies for use in their business operations.

      2.  For purposes of this section, the term “employment” includes services described in subsection 1 performed after December 31, 1971, only if:

      (a) The contract of service contemplates that substantially all of the services are to be performed personally by such individual;

      (b) The individual does not have a substantial investment in facilities used in connection with the performance of the services (other than in facilities for transportation); and

      (c) The services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed.

      Sec. 7.  1.  “Employment” includes service after December 31, 1971, by an individual in the employ of:

      (a) Corporations; or

      (b) Any community chest, fund or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office, only if the following conditions are met:

             (1) The service is excluded from “employment” as defined in the Federal Unemployment Tax Act solely by reason of 26 U.S.C. § 3306(c)(8).

             (2) The organization had four or more individuals in employment for some portion of a day in each of 20 different weeks, whether or not such weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time.

      2.  For the purposes of subsection 1 the term “employment” does not apply to service performed:

      (a) In the employ of:

             (1) A church or convention or association of churches; or

             (2) An organization which is operated primarily for religious purposes and which is operated, supervised, controlled or principally supported by a church or convention or association of churches; or

      (b) By a duly ordained, commissioned or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such order; or

      (c) In the employ of a school which is not an institution of higher education; or

      (d) In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market by an individual receiving such rehabilitation or remunerative work; or

 


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ê1971 Statutes of Nevada, Page 1352 (Chapter 607, SB 418)ê

 

for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market by an individual receiving such rehabilitation or remunerative work; or

      (e) As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by an individual receiving such work relief or work training.

      Sec. 8.  1.  “Employment” includes service performed in the employ of this state or any instrumentality of this state, or this state and one or more other states, for a hospital or institution of higher education located in this state.

      2.  State hospitals and state institutions of higher education shall pay contributions to the unemployment compensation fund in the manner provided in NRS 612.535 to 612.550, inclusive, unless they elect to pay into the unemployment compensation fund, in lieu of contributions, as reimbursement an amount equivalent to the amount of regular unemployment compensation benefits and one-half of the extended benefits paid to claimants that is attributable to wages paid by such state hospitals and state institutions of higher education. The provisions of section 11 of this act pertaining to nonprofit organizations shall apply to state hospitals and state institutions of higher education if they elect to utilize the reimbursement-in-lieu-of-contributions basis as provided for in this subsection.

      3.  For the purpose of this section the term “employment” does not apply for service performed:

      (a) In the employ of a school which is not an institution of higher education; or

      (b) In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who, because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market by an individual receiving such rehabilitation or remunerative work; or

      (c) As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by an individual receiving such work-relief or work-training; or

      (d) For a hospital in a state prison or other state correctional institution by an inmate of the prison or correctional institution.

      4.  Benefits are payable on the basis of employment to which this section applies, in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other employment subject to this chapter, except that, notwithstanding any other provisions of this chapter, benefits based on service in an instructional, research or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between 2 successive academic years, or during a similar period between 2 regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual’s contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.


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

ê1971 Statutes of Nevada, Page 1353 (Chapter 607, SB 418)ê

 

in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.

      Sec. 9.  “Hospital” means an institution which has been licensed, certified or approved by the health division of the department of health, welfare and rehabilitation.

      Sec. 10.  “Institution of higher education” means an educational institution which:

      1.  Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate;

      2.  Is legally authorized within this state to provide a program of education beyond high school;

      3.  Provides an educational program for which it awards a Bachelor’s or higher degree, or provides a program which is acceptable for full credit toward such a degree, a program of postgraduate or post-doctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and

      4.  Is a public or other nonprofit institution.

      For the purposes of this section, all colleges and universities of this state are institutions of higher education.

      Sec. 11.  1.  Any nonprofit organization as defined in section 7 of this act which becomes subject to this chapter on or after January 1, 1972:

      (a) Shall pay contributions to the unemployment compensation fund in the manner provided in NRS 612.535 to 612.550, inclusive, unless it elects, in accordance with this section, to pay into the unemployment compensation fund, in lieu of contributions, as reimbursement an amount equivalent to the amount of regular unemployment compensation benefits and one-half of the extended benefits paid to claimants that is attributable to wages paid by such nonprofit organization. The amount of benefits payable by each employer who elects to make payments by way of reimbursement in lieu of contributions shall be an amount which bears the same ratio to the total benefits paid to an individual as the total base-period wages paid to the individual by such employer bear to the total base-period wages paid to the individual by all of his base-period employers. Two or more employers who have become liable for payments by way of reimbursement in lieu of contributions may file a joint application, in accordance with regulations of the executive director, for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers.

      (b) May elect to become liable for payments by way of reimbursement in lieu of contributions, for a period of not less than 1 taxable year beginning with January 1, 1972, provided it files with the executive director a written notice of such election within the 30-day period immediately following such date. Such organization will continue to be liable for payments by way of reimbursement in lieu of contributions until it files with the executive director a written notice terminating its election not later than 30 days prior to the beginning of the taxable year for which such termination is first effective.

      (c) May elect to become liable for payments by way of reimbursement in lieu of contributions for a period of not less than 4 consecutive calendar quarters beginning with the first day of the calendar quarter on which such subjectivity begins by filing a written notice with the executive director not later than 30 days immediately following the date of the determination of such subjectivity.


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ê1971 Statutes of Nevada, Page 1354 (Chapter 607, SB 418)ê

 

in lieu of contributions for a period of not less than 4 consecutive calendar quarters beginning with the first day of the calendar quarter on which such subjectivity begins by filing a written notice with the executive director not later than 30 days immediately following the date of the determination of such subjectivity. Such organization will continue to be liable for payments by way of reimbursement in lieu of contributions until it files with the executive director a written notice terminating its election not later than 30 days prior to the beginning of the taxable year for which such termination is first effective.

      2.  Any nonprofit organization as defined in section 7 of this act which has been paying contributions as provided in NRS 612.535 to 612.550, inclusive, for a period subsequent to January 1, 1972, may change to a reimbursement-in-lieu-of-contributions basis by filing with the executive director not later than 30 days prior to the beginning of any taxable year a written notice of its election to become liable for payments by way of reimbursements in lieu of contributions. Such election shall not be terminable by the organization for that and the next taxable year.

      3.  The executive director may for a good cause extend the period in which a notice of election or a notice of termination must be filed and may permit an election to be retroactive, but not any earlier than with respect to benefits paid after December 31, 1970.

      4.  The executive director shall notify each nonprofit organization as defined in section 7 of this act of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. Such determination shall be subject to reconsideration, petitions for hearing and judicial review in accordance with the provisions of this chapter.

      5.  The amount of reimbursement in lieu of contributions due from each employing unit which has elected to make reimbursement in lieu of contributions shall be determined by the executive director as soon as practicable after the end of each calendar quarter or at the end of any other period as determined by the executive director. The executive director shall bill each employing unit which has elected to make reimbursement in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter which is attributable to service in the employ of the employing unit. Amounts due under this subsection shall be paid not later than 30 days after a bill is mailed to the last-known address of the employing unit. If payment is not made on or before the date due and payable, the whole or any part thereafter remaining unpaid shall bear interest at the rate of one-half percent per month or fraction thereof, from and after the due date until payment is received by the executive director. The amount of payments due hereunder, but not paid, may be collected by the executive director, together with interest and penalties, if any, in the same manner and subject to the same conditions as contributions due from other employers. The amount due specified in any bill from the executive director shall be conclusive and binding on the employing unit, unless not later than 15 days after the bill was mailed to its last-known address, the employing unit files an application for redetermination. A redetermination made under this subsection shall be subject to petition for hearing and judicial review in accordance with the provisions of this chapter.


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

ê1971 Statutes of Nevada, Page 1355 (Chapter 607, SB 418)ê

 

to petition for hearing and judicial review in accordance with the provisions of this chapter. Payments made by any nonprofit organization under the provisions of this section shall not be deducted, in whole or in part, from the wages of individuals in employment for such organization.

      6.  Benefits are payable on the basis of employment to which this section applies, in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other employment subject to this chapter, except that, notwithstanding any other provisions of this chapter, benefits based on service in an instructional, research or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between 2 successive academic years, or during a similar period between 2 regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual’s contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.

      7.  In determining contribution rates assigned to employers under this chapter, the payrolls of employing units liable for payments in lieu of contributions shall not be included in computing the contribution rates to be assigned to employers under this chapter. The reimbursement in lieu of contributions paid by or due from such employing units shall be included in the total assets of the fund in the same manner as contributions paid by other employers.

      8.  Except as inconsistent with the provisions of this section, the provisions of this chapter and regulations of the executive director shall apply to any matter arising pursuant to this section.

      Sec. 12.  NRS 612.070 is hereby amended to read as follows:

      612.070  “Employment” shall include an individual’s entire service, performed within or both within and without this state if:

      1.  The service is localized in this state; or

      2.  The service is not localized in any state but some of the service is performed in this state; and

      (a) The base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in this state; or

      (b) The base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual’s residence is in this state.

      3.  The service is that of an individual who is a citizen of the United States, and is performed outside the United States, except in the Virgin Islands or Canada, after December 31, 1971, in the employ of an American employing unit (other than service that is deemed “employment” under the provisions of paragraphs (a) and (b) or similar provisions of the law of another state), if:

      (a) The employer’s principal place of business in the United States is located in this state; or

      (b) The employer has no place of business in the United States, but:

             (1) The employer is an individual who is a resident of this state; or


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ê1971 Statutes of Nevada, Page 1356 (Chapter 607, SB 418)ê

 

             (2) The employer is a corporation which is organized under the laws of this state; or

             (3) The employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or

      (c) None of the criteria of paragraphs (a) and (b) is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the law of this state.

      4.  Services performed after January 1, 1972, by an officer or member of the crew of an American vessel or American aircraft on or in connection with such vessel or aircraft, if the operating office, from which the operations of such vessel or aircraft operating within, or within and without, the United States are ordinarily and regularly supervised, managed, directed and controlled, is within this state.

      5.  Notwithstanding any other provisions of this section, service is required to be covered under this chapter, if with respect to such service a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund, or if such service is required to be covered as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act.

      Sec. 13.  NRS 612.090 is hereby amended to read as follows:

      612.090  1.  “Employment” shall not include agricultural labor [.] if the services performed are:

      (a) On a farm, in the employment of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and furbearing animals and wildlife.

      (b) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of the farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of the service is performed on a farm.

      (c) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the Agricultural Marketing Act, 12 U.S.C. § 1141j, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes.

      (d) In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if the operator produced more than one-half of the commodity with respect to which such service is performed.

      (e) In the employ of a group of operators of farms, or a cooperative organization of which such operators are members, in the performance of service described in paragraph (d), but only if such operators produced more than one-half of the commodity with respect to which such service is performed.


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

ê1971 Statutes of Nevada, Page 1357 (Chapter 607, SB 418)ê

 

is performed. The provisions of paragraphs (d) and (e) shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.

      (f) On a farm operated for profit if such service is not in the course of the employer’s trade or business or is domestic service in a private home of the employer.

      2.  As used in this section, the term “farm” includes stock, dairy, poultry, fruit, furbearing animal and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for raising agricultural or horticultural commodities, and orchards.

      Sec. 14.  NRS 612.100 is hereby amended to read as follows:

      612.100  “Employment” shall not include service performed [as an officer or member of the crew of a vessel on the navigable waters of the United States.] on or in connection with a foreign vessel or aircraft, if the employee is employed on and in connection with such vessel or aircraft when outside the United States.

      Sec. 15.  NRS 612.115 is hereby amended to read as follows:

      612.115  1.  “Employment” shall not include service performed in the employee of this state, or of any political subdivision thereof, or of any instrumentality of this state or its political subdivisions which is wholly owned by this state or one or more of its political subdivisions, nor any service performed in the employ of any such instrumentality to the extent that the instrumentality is, with respect to such service, exempt under the Constitution of the United States from the tax imposed by Section 3301 of the Internal Revenue Code of 1954.

      2.  Any department of this state, or any political subdivision thereof, or any of the aforesaid instrumentalities of this state or its political subdivisions, may, by action of the majority of the members of the governing body of such department, political subdivision or instrumentality, duly certified to the executive director, elect to become an employer as provided in this chapter, excluding from employment for such an employer the services performed by elected officials of such department, political subdivision or instrumentality.

      3.  Service performed in the employ of this state or any of its instrumentalities, or in the employ of this state and one or more other states or their instrumentalities, for a hospital or institution of higher education located in this state is excluded from the definition in subsection 1 of this section.

      Sec. 16.  NRS 612.120 is hereby amended to read as follows:

      612.120  [1.]  “Employment” shall not include service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, hospital or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual [.

      2.  When the Internal Revenue Code of 1954 shall be so amended as to extend the coverage of unemployment compensation to persons employed as specified in this section, then such service shall be included in the term “employment” for the purpose of this chapter to the extent authorized by such amendments.]


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

ê1971 Statutes of Nevada, Page 1358 (Chapter 607, SB 418)ê

 

authorized by such amendments.] except as provided in section 7 of this act.

      Sec. 17.  NRS 612.180 is hereby amended to read as follows:

      612.180  “State” includes, in addition to the states of the United States of America, the District of Columbia [.] and the Commonwealth of Puerto Rico.

      Sec. 18.  NRS 612.295 is hereby amended to read as follows:

      612.295  The executive director is authorized to enter into reciprocal arrangements with the appropriate and duly authorized agencies of other states, or the Federal Government, or both, whereby:

      1.  Services are performed by an individual for a single employing unit for which services are customarily performed by such individual in more than one state, under circumstances not specifically provided for in NRS 612.065 to 612.150, inclusive, shall be deemed to be service performed entirely within any one of the states in which any part of such individual’s service is performed, or in which such individual has his residence, or in which the employing unit maintains a place of business, provided there is in effect, as to such services, an election by an employing unit with the acquiescence of such individual, approved by the agency charged with the administration of such state’s unemployment compensation law, pursuant to which services performed by such individual for such employing unit are deemed to be performed entirely within such state.

      2.  Potential rights to benefits accumulated under the unemployment compensation laws of one or more states or under one or more such laws of the Federal Government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms which the executive director finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the unemployment compensation fund.

      3.  Wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation law of another state or of the Federal Government, shall be deemed to be wages for the purpose of determining his rights to benefits under this chapter, and wages on the basis of which an individual may become entitled to benefits under this chapter shall be deemed to be wages for services on the basis of which unemployment compensation is payable under such law of another state or of the Federal Government, but no such arrangement shall be entered into unless it contains provisions for reimbursements to the unemployment compensation fund for such of the benefits paid under this chapter upon the basis of such wages or services, and provisions for reimbursements from the unemployment compensation fund for such of the compensation paid under such other law upon the basis of wages, as the executive director finds will be fair and reasonable as to all affected interests.

      4.  The executive director shall participate in such arrangements for the payment of compensation on the basis of combining an individual’s wages and employment covered under this chapter with his wages and employment covered under the unemployment compensation laws of other states as may be approved by the Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which shall include provisions for applying the base period of this or any other single state law to a claim involving the combining of an individual’s wages and employment covered under two or more state unemployment compensation laws, and avoiding the duplicate use of wages and employment by reason of such combining.


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

ê1971 Statutes of Nevada, Page 1359 (Chapter 607, SB 418)ê

 

calculated to assure the prompt and full payment of compensation in such situations and which shall include provisions for applying the base period of this or any other single state law to a claim involving the combining of an individual’s wages and employment covered under two or more state unemployment compensation laws, and avoiding the duplicate use of wages and employment by reason of such combining.

      5.  Contributions due under this chapter with respect to wages shall for the purposes of NRS 612.620 to 612.655, inclusive, be deemed to have been paid to the unemployment compensation fund as of the date payment was made as contributions therefor under another state or federal unemployment compensation law, but no such arrangement shall be entered into unless it contains provisions for such reimbursement to the unemployment compensation fund of such contributions as the executive director finds will be fair and reasonable as to all affected interests.

      Sec. 19.  NRS 612.375 is hereby amended to read as follows:

      612.375  An unemployed individual shall be eligible to receive benefits with respect to any week only if the executive director finds that:

      1.  He has registered for work at, and thereafter has continued to report at, an office of the employment security department in such manner as the executive director may prescribe, except that the executive director may by regulation waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or inconsistent with the purposes of this chapter.

      2.  He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.

      3.  He is able to work, and is available for work; but no claimant shall be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this subsection if such failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable prior to the beginning of such illness and disability. No otherwise eligible individual shall be denied benefits for any week in which he is engaged in training approved by the executive director by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.

      4.  He has within his base period been paid wages from employers equal to 33 times his weekly benefit amount; but if an individual fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount shall be $1 less than one twenty-fifth of his high-quarter wages [.] ; but no individual may receive benefits in a benefit year unless, subsequent to the beginning of the next-preceding benefit year during which he received benefits, he performed service, whether or not in “employment” as defined in this chapter and earned remuneration for such service in an amount equal to not less than three times his basic weekly benefit amount as determined for his current benefit year.


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

ê1971 Statutes of Nevada, Page 1360 (Chapter 607, SB 418)ê

 

      Sec. 20.  NRS 612.545 is hereby amended to read as follows:

      612.545  1.  For the purposes of NRS 612.535 and 612.540:

      (a) From January 1, 1955, until the first day of the first calendar quarter after February 25, 1965, wages shall not include that part of remuneration which, after remuneration equal to $3,600 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.

      (b) Beginning on the first day of the first calendar quarter after February 25, 1965, wages shall not include that part of remuneration which, after remuneration equal to $3,800 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.

      (c) Beginning on the first day of the first calendar quarter after December 31, 1971, wages shall not include that part of remuneration which, after remuneration equal to $4,200 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.

      2.  For the purposes of this section any employer who acquired the entire or a distinct and severable portion of the organization, trade or business or substantially all of the assets of an employer shall be treated as a single unit with its predecessor for the calendar year in which such acquisition occurs.

      Sec. 21.  NRS 612.550 is hereby amended to read as follows:

      612.550  1.  As used in this section:

      (a) “Average actual duration” means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.

      (b) “Average annual payroll” for the calendar year 1960 and each calendar year thereafter means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers shall be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.

      (c) “Beneficiary” means an individual who has received a first payment.

      (d) “Computation date” for the calendar year 1960 and for each calendar year thereafter means June 30 of the preceding calendar year.

      (e) “Covered worker” means an individual who has worked in employment subject to this chapter.


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

ê1971 Statutes of Nevada, Page 1361 (Chapter 607, SB 418)ê

 

      (f) “First payment” means the first weekly unemployment insurance benefit paid to an individual in his benefit year.

      (g) “Reserve balance” means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.

      (h) “Reserve ratio” means the percentage ratio that the reserve balance bears to the average annual payroll.

      (i) “Total contributions paid” means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.

      (j) “Unemployment risk ratio” means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the employment security department records for the same 12-month period.

      2.  The executive director shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him for each calendar year in order to reflect such experience and classification.

      No employer’s contribution rate shall be reduced below 2.7 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that for the calendar year beginning January 1, 1960, and for each year thereafter an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.7 percent if his account has been chargeable throughout a lesser period, but in no event, less than the 10-consecutive-calendar-quarter period ending on the computation date.

      3.  Any employer who qualifies under subsection 9 and receives the experience record of a predecessor employer shall be assigned the contribution rate of such predecessor.

      4.  Benefits paid to an individual up to and including the computation date shall be charged against the experience rating records of his base period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers; provided:

      (a) That no augmentation of benefits paid by reason of the fact that a claimant has dependents shall be charged to any employer’s experience rating record; and

      (b) That no benefits paid to a multistate claimant based upon entitlement to benefits in more than one state shall be charged to any employer’s experience rating record when no benefits would have been payable except for NRS 612.295; and

      (c) That if a ruling is issued to a base period employer under the provisions of NRS 612.475 that a claimant left his employment with such employer, voluntarily and without good cause, or was discharged because of misconduct in connection with such employment, benefits paid to the claimant subsequent to such termination of employment due to voluntary leaving or discharge, which are based upon wages paid by such employer in the claimant’s base period prior to the date of such termination, and which would otherwise be charged to the experience rating record of such employer, as provided in this section, shall not be charged unless such employer failed to comply with the provisions of NRS 612.475.


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

ê1971 Statutes of Nevada, Page 1362 (Chapter 607, SB 418)ê

 

to voluntary leaving or discharge, which are based upon wages paid by such employer in the claimant’s base period prior to the date of such termination, and which would otherwise be charged to the experience rating record of such employer, as provided in this section, shall not be charged unless such employer failed to comply with the provisions of NRS 612.475.

      (d) Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to an individual shall not be charged against the accounts of his base period employers.

      5.  For the calendar year 1965 and for each calendar year thereafter the executive director shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify such employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year shall be determined by the range within which his reserve ratio falls.

      The executive director shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which shall be assigned the various contribution rates provided in subsection 6 of this section. The lowest contribution rate shall be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate shall be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges shall be uniform.

      6.  Each employer eligible for a contribution rate based upon experience and classified in accordance with this section shall be assigned a contribution rate by the executive director for each calendar year according to the following classes:

 

Class 1.....................................................................................................     0.6 percent

Class 2.....................................................................................................     0.9 percent

Class 3.....................................................................................................     1.2 percent

Class 4.....................................................................................................     1.5 percent

Class 5.....................................................................................................     1.8 percent

Class 6.....................................................................................................     2.1 percent

Class 7.....................................................................................................     2.4 percent

Class 8.....................................................................................................     2.7 percent

 

      7.  The executive director shall assign contribution rates less than 2.7 percent for the calendar year 1965 as nearly as may be in accordance with the provisions of subsections 1 to 6, inclusive. On November 30, 1965, and on November 30 of each year thereafter the executive director shall determine:

      (a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and

      (b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the employment security department records for the 12 months ending on the computation date; and

      (c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and

 


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

ê1971 Statutes of Nevada, Page 1363 (Chapter 607, SB 418)ê

 

by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and

      (d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on November 30. Contribution rates less than 2.7 percent shall not be assigned for the calendar year 1966 or for any calendar year thereafter if the executive director finds on November 30 preceding any such year that the balance in the unemployment compensation fund is less than 1½ times the potential maximum annual benefits payable.

      8.  The executive director, for the calendar year 1960 and for each calendar year thereafter, shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for such calendar year, for each employer whose account is in active status on the records of the employment security department on January 1 of each year and whose account is chargeable with benefit payments on the computation date of such year.

      9.  The executive director shall, by regulation, prescribe the conditions for a transfer of the experience record of an employer to an employer who has acquired the entire or a severable part of the organization, trade or business or substantially all of the assets thereof.

      10.  Whenever an employer has paid no wages in employment for a period of 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the executive director shall terminate his experience rating account, and such account shall not thereafter be used in any rate computation.

      11.  The executive director shall have the power to adopt reasonable accounting methods to account for those employers which are in a reimbursement in lieu of contributions category.

      Sec. 22.  NRS 612.575 is hereby amended to read as follows:

      612.575  1.  The governing board of officers of any department of the State of Nevada, or of any county, city or other political subdivision of the State of Nevada, or of any instrumentality of any such department or political subdivision, may, by resolution of the majority of its members, elect to become an employer subject to this chapter for not less than 2 calendar years.

      2.  This section does not apply to state hospitals and institutions of higher education, since coverage for these institutions is mandatory.

      3.  Upon filing a certified copy of such resolution with the executive director and with his written approval, such department, political subdivision or instrumentality shall become an employer subject hereto to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject hereto as of January 1 of any calendar year subsequent to such 2 calendar years only if at least 30 days prior to such January 1 it has filed with the executive director a written notice to that effect.

      [3.] 4.  Any political subdivision of the State of Nevada may elect to cover under this chapter service performed by employees in all of the hospitals and institutions of higher education operated by such political subdivision, and the approval of the executive director is not required.


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

ê1971 Statutes of Nevada, Page 1364 (Chapter 607, SB 418)ê

 

cover under this chapter service performed by employees in all of the hospitals and institutions of higher education operated by such political subdivision, and the approval of the executive director is not required. Benefits are payable on the basis of employment with such political subdivisions, in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other employment subject to this chapter, except that, notwithstanding any other provisions of this chapter, benefits based on service in an instructional, research or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between 2 successive academic years, or during a similar period between 2 regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual’s contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.

      5.  Contributions shall be paid by any such department, political subdivision or instrumentality and shall be a proper charge upon the funds of such department, political subdivision or instrumentality.

      Sec. 23.  NRS 612.580 is hereby amended to read as follows:

      612.580  The executive director may terminate the approval of the election of any such employer at any time upon 30 days’ written notice. Political subdivisions that have elected coverage for employees of hospitals and institutions of higher education may not have such election terminated by the executive director. Any such political subdivision may terminate coverage in the manner provided in subsection 3 of NRS 612.575.

      Sec. 24.  NRS 612.140 is hereby amended to read as follows:

      612.140  “Employment” shall not include domestic service performed in the employ of a local chapter of a college fraternity or sorority.

      Sec. 25.  NRS 612.165 is hereby amended to read as follows:

      612.165  “Fund” means the unemployment compensation fund established by this chapter, to which all contributions, or payments in lieu of contributions, are required to be deposited and from which all benefits provided under this chapter shall be paid.

      Sec. 26.  NRS 612.585 is hereby amended to read as follows:

      612.585  1.  There is hereby established as a special fund, separate and apart from all public moneys or funds of this state, and unemployment compensation fund, which shall be administered by the executive director exclusively for the purposes of this chapter.

      2.  This fund shall consist of:

      (a) All contributions, or reimbursements in lieu of contributions, collected under this chapter.

      (b) Interest earned upon any moneys in the fund.

      (c) Any property or securities acquired through the use of moneys belonging to the fund.

      (d) All earnings of such property or securities.

      (e) All money credited to the account of the State of Nevada in the unemployment trust fund pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103).


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

ê1971 Statutes of Nevada, Page 1365 (Chapter 607, SB 418)ê

 

      (f) All other moneys received for the fund from any other source.

      3.  All moneys in the fund shall be mingled and undivided.

      4.  All fines and penalties collected pursuant to the criminal provisions of this chapter shall be paid to the state permanent school fund.

      Sec. 27.  NRS 612.143 and 612.410 are hereby repealed.

      Sec. 28.  This act shall become effective January 1, 1972.

 

________

 

 

CHAPTER 608, SB 473

Senate Bill No. 473–Committee on Commerce

CHAPTER 608

AN ACT amending the Nevada Installment Loan and Finance Act; permitting the superintendent of banks to collect a fee for auditing books and records of licensees; providing a loan repayment schedule; increasing the amount of loans governed by the provisions of the act; adjusting required assets of licensees; revising authorized charges; removing the limit on collectible loans made out of state; placing the holding of a hearing on suspension of a license under the provisions of the Nevada Administrative Procedure Act; removing obsolete language; deleting the provision allowing for a court hearing of an aggrieved person as a result of an act of the superintendent of banks in enforcing the law; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 675 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  In addition to the annual fee provided by NRS 675.140, the superintendent shall assess and collect from each licensee the reasonable cost of auditing the books and records of such licensee.

      Sec. 3.  Loans under this chapter shall not provide for an originally scheduled repayment of principal more than:

      1.  Twenty-four months and 15 days from the date of making where the cash advance is $1,000 or less;

      2.  Thirty-six months and 15 days from the date of making where the cash advance is more than $1,000 but not more than $2,500;

      3.  Forty-eight months and 15 days from the date of making where the cash advance is more than $2,500 but not more than $4,000;

      4.  Sixty months and 15 days from the date of making where the cash advance is more than $4,000 but less than $6,000;

      5.  Seventy-two months and 15 days from the date of making where the cash advance is more than $6,000 but not more than $7,500.

      Sec. 4.  NRS 675.030 is hereby amended to read as follows:

      675.030  The legislature finds as facts and determines that:

      1.  There exists in this state a widespread demand for loans repayable in installments, which loans may or may not be made on substantial security. This demand has been steadily increased by many social and economic factors. The scope and intensity of this demand permits the unscrupulous to prey upon such potential borrowers.


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

ê1971 Statutes of Nevada, Page 1366 (Chapter 608, SB 473)ê

 

      2.  The expenses of making and collecting installment loans are necessarily high in relation to the amounts lent and legitimate lenders are therefor inadequately compensated under the general interest statutes of this state when making such loans.

      3.  The need of legislation is especially apparent in the area of loans of [$2,500] $7,500 or less.

      4.  It is the purpose of this chapter to bring under public supervision those engaged in the business of making loans of [$2,500] $7,500 or less; to attract adequate commercial capital to the business, so that the demand for such loans may be satisfied; to establish a system of regulation for the purpose of insuring that charges for such loans be established which are fair, just and reasonable to the borrower and lender and which permit a fair return to those engaged in such business; and that there will be established in this state an adequate, efficient and competitive installment loan and finance service.

      Sec. 5.  NRS 675.060 is hereby amended to read as follows:

      675.060  1.  No person shall engage in the business of lending in amounts of [$2,500] $7,500 or less and contract for, exact or receive, directly or indirectly, on or in connection with any such loan, any charges, whether for interest, compensation, consideration or expense, which in the aggregate are greater than the interest that the lender would be permitted by law to charge for a loan of money if he were not a licensee under this chapter, except as provided in and authorized by this chapter, and without first having obtained a license from the superintendent.

      2.  For the purpose of this section a loan shall be deemed to be in the amount of [$2,500] $7,500 or less if the net amount or value advanced to or on behalf of the borrower, after deducting all payments for interest, principal, expenses and charges of any nature taken substantially contemporaneously with the making of the loan, does not exceed [$2,500.] $7,500.

      Sec. 6.  NRS 675.120 is hereby amended to read as follows:

      675.120  If the superintendent finds:

      1.  That the financial responsibility, experience, character and general fitness of the applicant are such as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly and efficiently, within the purposes of this chapter; and

      2.  That allowing the applicant to engage in business will promote the convenience and advantage of the community in which the licensed office is to be located; and

      3.  That the applicant has available for the operation of the business at the specified location liquid assets of at least [$15,000,] $50,000,

he shall thereupon enter an order granting the application, and file his findings of fact together with the transcript of any hearing held under this chapter, and forthwith issue and deliver a license to the applicant.

      Sec. 7.  NRS 675.180 is hereby amended to read as follows:

      675.180  Every licensee shall maintain assets of at least [$15,000] $50,000 either used or readily available for use in the conduct of the business of each licensed office.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 675.280 is hereby amended to read as follows:

      675.280  No licensee shall advertise or permit to be advertised in any manner whatsoever any false, misleading or deceptive statement or representation with regard to the rates, terms or conditions for loans in the amount or of the value of [$2,500] $7,500 or less.


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

ê1971 Statutes of Nevada, Page 1367 (Chapter 608, SB 473)ê

 

manner whatsoever any false, misleading or deceptive statement or representation with regard to the rates, terms or conditions for loans in the amount or of the value of [$2,500] $7,500 or less.

      Sec. 10.  NRS 675.290 is hereby amended to read as follows:

      675.290  1.  Every licensee may make loans of any amount with cash advance not exceeding [$2,500 exclusive of interest, fees or charges] $7,500, repayable except as otherwise provided in subsection 4, in substantially equal consecutive monthly installments of principal and interest combined, and may charge, contract for, collect and receive charges not in excess of the following:

      (a) A charge for interest in an amount not exceeding $9 per $100 of the amount of the cash advanced, when the loan is made for a period of 1 year, on that part of the cash advanced not exceeding $1,000, and $8 per $100 on that part of the cash advanced exceeding $1,000 but not exceeding $2,500, and proportionately at those rates for a greater or lesser amount or for a greater or lesser period of time, notwithstanding any agreement to repay the loan in installments, but, in all loans contracts providing for installment repayments such installments shall be substantially equal in amount, payable at approximately equal periodic intervals of time. [, and shall not extend beyond 24 months from the date of making such contract; and]

      (b) A service charge not in excess of 1 cent per month for each dollar of the first $200 of the cash advance and not in excess of one-half cent per month for each dollar of the next $200 of the cash advance for each month of the term of the loan contract. Such service charge may be computed on the basis of a full month for any fractional period in excess of 15 days. [; and]

      (c) That portion of the loan in excess of $2,500 but not exceeding $7,500 shall be at the rate of 17.74 percent per annum.

      (d) The charge for interest shall be calculated according to the actuarial method, which is the method of allocating payments between principal and interest pursuant to which a payment is applied first to the accumulated interest and the balance, if any, is applied to the unpaid principal. A licensee may, at the time the loan is made, precompute the charge for interest at the agreed-upon rate on the scheduled unpaid principal balances according to the terms of the contract and add such interest to the principal of the loan. Where the charge for interest is precomputed the face amount of any note or contract may exceed $7,500 by the amount of charges authorized by this chapter added to principal. If the charge for interest is precomputed, payments on account may be applied to the combined total of principal and precomputed interest until the contract is fully paid. All payments on account, except those applied to default or deferment charges, shall be applied to the installments in the order in which they fall due. The effect of prepayment of a precomputed loan is governed by the provisions relating to refund upon prepayment in full.

      (e) In the event of a default of more than 7 days in the payment of one-half or more of any scheduled installment [,] on a precomputed loan contract, the licensee may charge and collect a default charge not exceeding an amount equal to the refund that would be required if the loan were prepaid in full 1 month prior to maturity. Such charge may not be collected more than once for the same default and may be collected at the time of such default or at any time thereafter.


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

ê1971 Statutes of Nevada, Page 1368 (Chapter 608, SB 473)ê

 

time of such default or at any time thereafter. If such default charge is deducted from any payment received after default occurs and such deduction results in the default of a subsequent installment, no charge may be made for the resulting default. [; and

      (d) If the payment date of all wholly unpaid installments on which no default charge has been collected and the contract so provides,]

      (f) If, as of an installment due date, the payment dates of all wholly unpaid installments on a precomputed loan contract, on which no default charge has been collected, are deferred one or more full months and the maturity of the contract is extended for a corresponding period, the licensee may charge and collect a deferment charge which shall not exceed the difference between the refund that would be required for prepayment in full as of the scheduled due date of the first deferred installment and the amount which would be required for prepayment in full as of 1 month prior to such date multiplied by the number of months [the maturity of the contract is extended. Such number of months shall not exceed the number of full installments which are in default on the date of deferment or which may become due within 15 days of such date.] in the deferment period. The deferment period is that period of time in which no payment is made or required by reason of the deferment. No installment on which a default charge has been collected or on account of which any partial payment has been made shall be deferred or included in the computation of the deferment charge unless such default charge or partial payment is refunded or credited to the deferment charge. The deferment charge may be collected at the time of the deferment or at any time thereafter and any payment received at the time of the deferment may be applied first to the deferment charge and the remainder, if any, applied to the unpaid balance of the contract. If such payment is sufficient also to pay in full an installment which is in default and the applicable default charge it shall be first so applied and such installment shall not be deferred nor subject to the default charge.

[The charges provided under paragraphs (a) and (b) shall be aggregated and added to the cash advanced. Such sum shall be the amount of the loan obligation.] If a refund is required during a deferment period the borrower shall also receive a refund of that portion of the deferment charge attributable to the unexpired full months of the deferment period.

      2.  If [the] a precomputed loan contract is prepaid in full before the final installment date the borrower shall receive a refund of an amount which shall be at least as great a proportion of the combined total of interest, and service charge, excluding any adjustment made for a first period of more than 1 month, as the sum of the periodic time balances [nearest the date of prepayment] following the date determined by the following sentence bears to the sum of all the periodic time balances under the schedule of payments in the original contract. In computing any required refund, any prepayment in full made on or before the 15th day following an installment date shall be deemed to have been made on the installment due date preceding such prepayment [.] in full and if made on or after the 16th day shall be deemed to have been made on the installment due date following such prepayment in full. No refund shall be required for partial prepayments and no refund of less than $1 need be made. The tender by the borrower, or at his request, of an amount equal to the unpaid balance less the required refund must be accepted by the licensee in full payment of the contract.


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

ê1971 Statutes of Nevada, Page 1369 (Chapter 608, SB 473)ê

 

to the unpaid balance less the required refund must be accepted by the licensee in full payment of the contract. If the maturity of the contract is accelerated for any reason, the licensee shall make the same refund as would be required for prepayment in full.

      3.  When a loan contract is for more or less than 1 year, the interest shall be computed at one-twelfth the annual rate for each month. For the purpose of computing charges, whether at the maximum rate or less, a month shall be [any period of 30 consecutive days and the rate of charge for each day shall be one-thirtieth of the monthly rate.] that period of time from any date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then to the last day of such following month. A day is one-thirtieth of a month when computation is made for a fraction of a month.

      4.  A borrower and licensee may agree that the first installment due date may be not more than 15 days more than 1 month from the date of the loan and the amount of such first installment may be increased by one-thirtieth of the portion of the [charges authorized by paragraphs (a) and (b) of subsection 1 applicable] interest authorized by paragraphs (a) and (b) of subsection 1 which would be attributable to a first installment of 1 month for each extra day.

      5.  No licensee shall induce or permit any person or husband and wife to be obligated, directly or indirectly, under more than one contract of loan at the same time for the purpose of or with the effect of obtaining a higher rate of charge than would otherwise be permitted by this section.

      6.  In addition to the charges herein provided for, no further or other amount whatsoever shall be directly or indirectly charged, contracted for or received from the borrower in connection with a loan made under this chapter; except, such restrictions shall not apply to:

      (a) Court costs;

      (b) Reasonable attorney’s fees fixed and assessed by the court;

      (c) Lawful fees for the filing, recording or releasing in any public office of any instrument securing a loan;

      (d) The identifiable charge or premium for insurance provided for in NRS 675.300;

      (e) Fees for noting a lien on or transferring a certificate of title to any motor vehicle offered as security for a loan made under this chapter.

      7.  If any amount in excess of the amounts authorized by this chapter is charged, contracted for or received, except as the result of an accidental or bona fide error, the contract of loan shall be void and the licensee shall have no right to collect or receive any principal, charges or recompense whatsoever.

      Sec. 11.  NRS 675.300 is hereby amended to read as follows:

      675.300  1.  A licensee may [require] request that a borrower [to] insure tangible [personal] property when offered as security for a loan under this chapter against any substantial risk of loss, damage or destruction for an amount not to exceed the actual value of such property and for a term and upon conditions which are reasonable and appropriate considering the nature of the property and the maturity and other circumstances of the loan.

      2.  A licensee may provide, obtain or take as security for a loan insurance on the life and on the health or disability, or both, of one party obligated on the loan provided that any such insurance provided or obtained by the licensee shall comply with the applicable provisions of NRS 684.020, 690.310 to 690.450, inclusive, and 692.500 to 692.630, inclusive.


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

ê1971 Statutes of Nevada, Page 1370 (Chapter 608, SB 473)ê

 

obligated on the loan provided that any such insurance provided or obtained by the licensee shall comply with the applicable provisions of NRS 684.020, 690.310 to 690.450, inclusive, and 692.500 to 692.630, inclusive.

      3.  In accepting any insurance provided by this section as security for a loan, the licensee may include the premiums or identifiable charge as part of the principal or may deduct the premiums or identifiable charge therefor from the proceeds of the loan, which premium of identifiable charge shall not exceed those filed with and approved by the commissioner of insurance, and remit such premiums to the insurance company writing such insurance, and any gain or advantage to the licensee, any employee, officer, director, agent, affiliate or associate from such insurance or its sale shall not be considered as additional or further charge in connection with any loan made under this chapter. Not more than one policy of life insurance and one policy providing accident and health coverage shall be written by a licensee in connection with any loan transaction under this chapter, and a licensee shall not require the borrower to be insured as a condition of any loan. If the unpaid balance of the loan is prepaid in full by cash or other thing of value, refinancing, renewal, a new loan or otherwise, the charge for any credit life insurance and any credit accident and health insurance shall be refunded or credited in accordance with the method established in NRS 675.290 for refunding or computing credit charges. Whenever insurance is written in connection with a loan transaction pursuant to this section, the licensee shall deliver or cause to be delivered to the borrower the certificate, instrument or other memorandum showing the cost thereof to the borrower, within 30 days from the date of the loan. All such insurance shall be written by a company authorized to conduct such business in this state, and the licensee shall not require the purchase of such insurance from any agent or broker designated by the licensee.

      4.  Every insurance policy or certificate written in connection with a loan transaction, pursuant to subsection 2 shall provide for cancellation of the coverage and a refund of the premium or identifiable charge unearned, upon the discharge of the loan obligation for which such insurance is security, without prejudice to any claim. Such refund shall be under a formula filed by the insurer with the insurance division of the department of commerce.

      Sec. 12.  NRS 675.310 is hereby amended to read as follows:

      675.310  Any loan made outside this state [in the amount of $2,500 or less,] lawfully made as permitted by the laws of the state in which the loan was made [,] may be collected or otherwise enforced in this state in accordance with its terms.

      Sec. 13.  NRS 675.320 is hereby amended to read as follows:

      675.320  1.  No licensee shall, directly or indirectly, charge, contract for or receive any interest, discount or consideration greater than provided by law for nonlicensees upon all or any part of any loan in the amount of or the value of more than [$2,500,] $7,500, or in any case in which the licensee permits any person, or husband and wife, jointly or severally, to become obligated, directly or contingently, or both, to the licensee at any time for the sum of more than [$2,500] $7,500 for principal.


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

ê1971 Statutes of Nevada, Page 1371 (Chapter 608, SB 473)ê

 

      2.  The provisions of subsection 1 shall not apply:

      (a) When a licensee purchases in one transaction a substantial amount of loans or accounts receivable in an office of another licensee or other lender not affiliated with the purchaser, and such licensee has an existing loan to one or more of the borrowers whose accounts are purchased, and such purchaser shall be entitled to liquidate and collect the balances due on such accounts, according to their terms; nor

      (b) To the acquisition by purchase of bona fide obligations of the borrower incurred for goods or services.

      Sec. 14.  NRS 675.330 is hereby amended to read as follows:

      675.330  The payment of [$2,500] $7,500 or less in money, credit, goods or things in action, as consideration for any sale, assignment or order for the payment of wages, salary, commissions or other compensation for services earned or to be earned, shall for the purposes of regulation under this chapter be deemed a loan of money secured by such sale, assignment or order. The amount by which such compensation so sold, assigned or ordered paid exceeds the amount of such consideration actually paid shall for the purposes of regulation under this chapter be deemed interest or charges on such loan from the date of such payment to the date such compensation is payable. Such a transaction shall be subject to the provisions of this chapter.

      Sec. 15.  NRS 675.380 is hereby amended to read as follows:

      675.380  1.  For the purpose of discovering violations of this chapter or of securing information lawfully required under this chapter, the superintendent or his duly authorized representatives may at any time investigate the business and examine the books, accounts, papers and records used therein of:

      (a) Any licensee;

      (b) Any other person engaged in the business described in NRS 675.060 or participating in such business as principal, agent, broker or otherwise; and

      (c) Any person who the superintendent has reasonable cause to believe is violating or is about to violate any provision of this chapter, whether or not such person shall claim to be within the authority or beyond the scope of this chapter.

      2.  For the purpose of examination the superintendent of his duly authorized representatives shall have and be given free access to the offices and places of business, files, safes and vaults of such persons.

      3.  For the purposes of this section, any person who shall advertise for, solicit, or hold himself out as willing to make loan transactions in the amount or of the value of [$2,500] $7,500 or less shall be presumed to be engaged in the business described in NRS 675.060.

      Sec. 16.  NRS 675.410 is hereby amended to read as follows:

      675.410  If the superintendent finds that probable cause for revocation of any license exists and that enforcement of this chapter requires immediate suspension of such license pending investigation, he may, upon 5 days’ written notice and a hearing, enter an order suspending such license for a period not exceeding 20 days, pending the holding of a hearing as prescribed in [NRS 675.440.] the Nevada Administrative Procedure Act (Chapter 233B of NRS).


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

ê1971 Statutes of Nevada, Page 1372 (Chapter 608, SB 473)ê

 

      Sec. 17.  NRS 675.080 and 675.460 are hereby repealed.

      Sec. 18.  This act shall become effective on October 1, 1971.

 

________

 

 

CHAPTER 609, AB 753

Assembly Bill No. 753–Committee on Government Affairs

CHAPTER 609

AN ACT relating to franchises granted by a county; increasing the types of services for which the board of county commissioners may grant an exclusive franchise; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 244.187 is hereby amended to read as follows:

      244.187  1.  Any board of county commissioners may grant exclusive franchises to operate [garbage collection and disposal services] any of the following services outside the limits of incorporated cities within the county [.] :

      (a) Garbage and disposal.

      (b) Fire protection and suppression.

      (c) Ambulance service to pick up patients outside the limits of such incorporated cities.

      2.  Nothing in paragraph (c) of subsection 1 shall prevent any ambulance service from transporting patients from any county in which it is franchised to another county.

      3.  The board of county commissioners may, by ordinance, regulate such services and fix fees or rates to be charged by the franchiseholder.

      [3.] 4.  A notice of the intention to grant any franchise shall be published once in a newspaper of general circulation in the county, and the franchise may not be granted until 30 days after such publication. The board of county commissioners shall give full consideration to any application or bid to supply such services, if received prior to the expiration of such 30-day period, and shall grant the franchise on terms most advantageous to the county and the persons to be served.

      [4.] 5.  The provisions of chapter 709 of NRS shall not apply to any franchise granted under the provisions of this section, and a member of any board of county commissioners may vote on any such franchise notwithstanding the provisions of NRS 244.320.

      [5.] 6.  Nothing in this section shall be construed to prevent any individual, partnership, corporation or association from hauling his or its own garbage subject to the regulations of the board of county commissioners promulgated under the provisions of this section.

 

________


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

ê1971 Statutes of Nevada, Page 1373ê

 

CHAPTER 610, AB 718

Assembly Bill No. 718–Clark County Delegation

CHAPTER 610

AN ACT relating to juvenile courts in certain counties; providing that the probation committee shall constitute a hearing board on dismissal of certain employees and providing for appeals therefrom; eliminating conflicting provisions of the Juvenile Court Act; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      In each judicial district which includes a county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, any probation officer or employee of the probation department, any detention home or other commitment facility administered or financed by the county, appointed under the provisions of NRS 62.115, who has been employed in such capacity for 12 months or more and is dismissed from such employment may:

      1.  Within 15 days of his dismissal, request a written statement from the director of juvenile services specifically setting forth the reasons for such dismissal; and within 15 days of the date of such request he shall be furnished such a written statement.

      2.  Within 30 days after receipt of such written statement, request, in writing, a public hearing before the probation committee. The probation committee shall adopt rules for the conduct of such hearings.

      3.  Appeal the decision of the probation committee to the board or boards of county commissioners.

      Sec. 2.  NRS 62.105 is hereby amended to read as follows:

      62.105  1.  The judge or judges of the court in each district which includes a county having a population of 200,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall, by an order entered in the minutes of the court, appoint five representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in such committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which shall specify the time in which to appear, and shall qualify by taking an oath, which shall be entered in the records, faithfully to perform the duties of a member of the committee. The members of the committee shall hold office for 3 years, provided that of those first appointed, 1 shall be appointed for a term of 1 year, 2 for terms of 2 years, and 2 for terms of 3 years. Thereafter, all appointments shall be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office shall be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary.


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

ê1971 Statutes of Nevada, Page 1374 (Chapter 610, AB 718)ê

 

and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges.

      2.  The duties of the probation committee shall be the following:

      (a) The paramount duty of the probation committee is to advise the court, at its request.

      (b) The probation committee shall advise with the director of juvenile services and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children now or hereafter established by boards of county commissioners.

      (c) Upon the request of the director of juvenile services, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all individuals, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter. The committee shall also have the power to initiate an investigation thereof if it deems such investigation proper or necessary, and must thereafter report its findings, conclusions and recommendations to the director of juvenile services.

      (d) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports shall be submitted to the court and filed as public documents with the clerk of the court.

      (e) The director shall, in cooperation with the probation committee, set up policies and procedures, establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county, except as hereinafter provided.

      (f) The probation committee shall provide for the giving of competitive examinations for the selection of persons suitable for appointment as probation officers and employees of any detention home or other commitment facilities administered or financed by the county. The examinations shall have reference to the necessary ability, education and special aptitudes for the work to which they are to be assigned.

      (g) The probation committee shall advise and recommend the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county. [Any employees are subject to discharge by the director of juvenile services.]

      (h) The probation committee [may, upon the majority vote of its members, remove or discharge any probation officer.] shall act as a hearing board pursuant to the provisions of section 2 of section 1 of this act.

      Sec. 3.  NRS 62.115 is hereby amended to read as follows:

      62.115  1.  The director of juvenile services shall, with the advice and recommendation of the probation committee, appoint one or more probation officers and such other employees as may be required to carry on the work of the probation department, [and] the detention home [.] and other commitment facilities administered or financed by the county. If more than one probation officer is appointed, one of them shall be designated as chief probation officer. All probation officers and detention personnel shall be appointed from lists of eligible persons established through competitive examinations conducted by the probation committee.


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

ê1971 Statutes of Nevada, Page 1375 (Chapter 610, AB 718)ê

 

personnel shall be appointed from lists of eligible persons established through competitive examinations conducted by the probation committee.

      2.  Probation officers and employees are subject to dismissal or reduction in position by the director of juvenile services. Probation officers and employees may be [removed, discharged or] reduced in position irrespective of their length of service only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto. Probation officers and employees with less than 12 months’ service may be dismissed only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto. Probation officers and employees with 12 months or more of service may be dismissed only for cause and are entitled to the hearing and appeal procedure contained in section 1 of this act.

      3.  Whenever the director of juvenile services serves two or more counties, probation officers may be appointed to serve the counties jointly, and the salaries and expenses of the probation officers shall be allocated between the counties by the director of juvenile services.

      [3.] 4.  The salaries of the probation officers, detention home personnel and other employees shall be fixed by the director of juvenile services with the advice of the probation committee, approval of the juvenile court judge or judges, and consent of the board or boards of county commissioners.

      Sec. 4.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________

 

 

CHAPTER 611, AB 442

Assembly Bill No. 442–Mr. Smith

CHAPTER 611

AN ACT relating to administration and enforcement by the Nevada department of fish and game of fish and game and watercraft laws; establishing a title system for motorboats; providing for adoption of regulations governing wildlife habitats; eliminating redundancies; expanding the department’s powers in gathering data from hunters, trappers and fishermen; allowing the charging of a fee for certain official publications of the department; adjusting transfer dates of moneys into the fish and game fund; prohibiting the sale of protected species of wildlife and permitting the sale of certain inedible animal parts; eliminating railroad transportation privileges for game wardens and the requirement that wardens cooperate in instruction in fish and game laws; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 488 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  1.  The owner of any motorboat already covered by a valid certificate of ownership issued under the laws of another state shall apply for a certificate of ownership under this chapter prior to operating such motorboat on the waters of this state in excess of the 90-day reciprocity period provided in NRS 488.175.


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

ê1971 Statutes of Nevada, Page 1376 (Chapter 611, AB 442)ê

 

for a certificate of ownership under this chapter prior to operating such motorboat on the waters of this state in excess of the 90-day reciprocity period provided in NRS 488.175.

      2.  Application for such certificate shall be made in the manner provided for in NRS 488.075.

      Sec. 4.  Except as otherwise provided for the creation or transfer of a security interest, no transfer of title to or any interest in any motorboat required to be numbered under this chapter shall be effective until one of the following conditions is fulfilled:

      1.  The transferor has properly endorsed and delivered the certificate of ownership and has delivered the certificate of number to the transferee as provided in this chapter, and the transferee has, within the prescribed time, delivered such documents to the department or placed them in the United States mail addressed to the department with the transfer fee.

      2.  The transferor has delivered to the department or placed in the United States mail addressed to the department such appropriate documents for the transfer of ownership pursuant to the sale or transfer.

      Sec. 5.  Upon receipt of a properly endorsed certificate of ownership and the certificate of number of any motorboat, the transferee shall within 10 days file such certificates accompanied by a fee of $3 with the department and thereby make application for a new certificate of ownership and a new certificate of number.

      Sec. 6.  1.  Prior to the issuance of any certificate of ownership, the department shall obtain a statement in writing signed by the transferee or transferor, showing:

      (a) The date of the sale or other transfer of ownership of the motorboat.

      (b) The name and address of the seller or transferor.

      (c) The name and address of the buyer or transferee.

      (d) The total value of consideration given for the sale or other transfer of such motorboat, including any motor or other component part of such motorboat included in the sale or other transfer.

      2.  Upon receipt of the properly endorsed certificate of ownership, the certificate of number and the required fee and statement of information, the department shall issue a new certificate of ownership and a new certificate of number to the transferee. The previous number may be reassigned to the transferee.

      3.  The department shall give notice of such transfer to the appropriate county assessor.

      Sec. 7.  Any owner of any motorboat numbered under this chapter who sells or transfers his title or any interest in such motorboat shall within 5 days notify the department of the sale or transfer and shall furnish the following information:

      1.  The name and address of the legal owner and transferee; and

      2.  Such description of the motorboat as may be required by the department.

      Sec. 8.  Any dealer upon transferring by sale, lease or otherwise any motorboat, whether new or used, required to be numbered under this chapter, shall, not later than the end of the next business day, give written notice of the transfer to the department upon an appropriate form provided by it, but a dealer need not give the notice when selling or transferring a new unnumbered motorboat to another dealer.


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

ê1971 Statutes of Nevada, Page 1377 (Chapter 611, AB 442)ê

 

notice of the transfer to the department upon an appropriate form provided by it, but a dealer need not give the notice when selling or transferring a new unnumbered motorboat to another dealer.

      Sec. 9.  A legal owner may assign his title or interest in or to any motorboat numbered under this chapter to a person other than the registered owner without the consent of and without affecting the interest of the registered owner.

      Sec. 10.  Upon transfer of the title or any interest of any legal owner in any motorboat numbered under this chapter, the transferor shall write his signature, and the transferee shall write his signature and address, in the appropriate spaces provided upon the reverse side of the certificate of ownership issued for such motorboat.

      Sec. 11.  Upon transfer of the title or any interest of the registered owner of any motorboat numbered under this chapter, the registered owner shall write his signature and address and the transferee shall write his signature and address in the appropriate spaces provided on the reverse side of the certificate of ownership for such motorboat, and the legal owner shall write his signature in the space provided for the new legal owner indicating that he is to retain his legal title and interest.

      Sec. 12.  1.  If a certificate of ownership is lost, stolen, damaged or mutilated, application for transfer may be made upon a form provided by the department for a duplicate certificate of ownership. The transferor shall write his signature and address in the appropriate spaces provided upon the application and file it together with the proper fees for duplicate certificate of ownership and transfer.

      2.  The department may receive the application and examine into the circumstances of the case and may require the filing of affidavits or other information, and when the department is satisfied that the applicant is entitled to a transfer of ownership, it may transfer the ownership of the motorboat, and issue a new certificate of ownership, and certificate of number to the person or persons found to be entitled thereto.

      Sec. 13.  It is unlawful for any person to fail or neglect to deliver the certificate of number and, when having possession, to properly endorse, date and deliver the certificate of ownership to a transferee who is lawfully entitled to a transfer of ownership.

      Sec. 14.  If a security interest in any motorboat numbered under this chapter is satisfied, canceled or released by the registered owner and legal owner of such motorboat, and within a period of 10 days a new security interest covering the vessel is executed between the same parties, no application for transfer of ownership shall be made, no new certificate of ownership or certificate of number shall be issued, and all provisions of this chapter relating to transfers of any title or interest in a motorboat shall be deemed to have been fully complied with.

      Sec. 15.  The transferee of a security interest of any legal owner of any motorboat numbered under this chapter need not make application for transfer of ownership if such security interest arises from a pledge of a security agreement by the legal owner to the pledgee.

      Sec. 16.  1.  No security interest in any motorboat required to be numbered under this chapter, whether such number was awarded prior or subsequent to the creation of such security interest, is perfected until the secured party or his successor or assignee has deposited with the department a properly endorsed certificate of ownership to such motorboat subject to the security interest.


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ê1971 Statutes of Nevada, Page 1378 (Chapter 611, AB 442)ê

 

or subsequent to the creation of such security interest, is perfected until the secured party or his successor or assignee has deposited with the department a properly endorsed certificate of ownership to such motorboat subject to the security interest.

      2.  Such certificate shall show the secured party as legal owner if the motorboat is then numbered under this chapter, or if not so numbered, the registered owner shall file an initial application for a certificate of number and for a certificate of ownership and the certificate of ownership issued thereunder shall contain the name and address of the legal owner.

      3.  Upon compliance with subsections 1 and 2, the security interest is perfected and the records of the department shall show the secured party or his successor or assignee as the legal owner of such motorboat.

      Sec. 17.  The method provided in this chapter for perfecting a security interest in any motorboat required to be numbered is exclusive.

      Sec. 18.  The department may suspend or revoke any certificate of ownership, certificate of number or number of any motorboat if it is satisfied that any such certificate or number was fraudulently obtained, or that the appropriate fee was not paid.

      Sec. 19.  It is unlawful for any person to alter, deface or mutilate any hull number required for a motorboat under this chapter.

      Sec. 20.  NRS 488.065 is hereby amended to read as follows:

      488.065  1.  Every motorboat on the waters of this state shall be numbered [,] and titled, except as provided in subsection 4 and NRS 488.175.

      2.  Upon receipt of an original application for a certificate of ownership or for transfer of a certificate of ownership on an undocumented motorboat, the department may assign as appropriate builder’s hull number to such motorboat whenever there is no builder’s hull number thereon, or when the builder’s hull number has been destroyed or obliterated. Such builder’s hull number shall be permanently marked on an integral part of the hull which is accessible for inspection.

      3.  No person may operate or give permission for the operation of any motorboat on such waters unless:

      (a) The motorboat is numbered in accordance with the provisions of this chapter, or in accordance with applicable federal law, or in accordance with a federally approved numbering system of another state;

      (b) The certificate of number awarded to such motorboat is in [full force and] effect; [and]

      (c) The identifying number set forth in the certificate of number is displayed on each side of the bow of such motorboat [.] ; and

      (d) A valid certificate of ownership has been issued to the owner of any motorboat required to be numbered under this chapter.

      4.  Any person who purchases or otherwise owns a motorboat prior to January 1, 1972, shall not be required to title such motorboat until he transfers any portion of his ownership in such motorboat to another person.

      Sec. 21.  NRS 488.075 is hereby amended to read as follows:

      488.075  1.  The owner of each motorboat requiring numbering by this state shall file an application for number and for a certificate of ownership with the department on forms approved by it accompanied by proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Nevada tax commission, or by proof of exemption from such taxes as provided in NRS 372.320, and by such evidence of ownership as the department may require.


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ê1971 Statutes of Nevada, Page 1379 (Chapter 611, AB 442)ê

 

Nevada tax commission, or by proof of exemption from such taxes as provided in NRS 372.320, and by such evidence of ownership as the department may require. The department shall not issue a number [or] , a certificate of number or a certificate of ownership until such evidence is presented to it.

      2.  The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of $3 [.] for the certificate of number and a fee of $3 for the certificate of ownership. All fees received by the department under the provisions of this chapter shall be deposited in the fish and game fund and shall be expended only for the administration and enforcement of the provisions of this chapter. Upon receipt of the application in approved form, the department shall:

      (a) Enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the [motorboat and the name and address of the owner and legal owner.] motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.

      (b) Immediately give written notice to the county assessor of the county wherein such motorboat is situated, which notice shall contain the name and address of the owner and identifying information concerning such motorboat.

      3.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by rules and regulations of the [commission] department in order that it may be clearly visible. The number shall be maintained in legible condition. If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the regulations of the regulations of the [commission] department as to size, color and type of number shall be in conformity therewith.

      4.  The certificate of number shall be pocket size and shall be available at all times for inspection on the motorboat for which issued, whenever such motorboat is in operation.

      5.  The [commission] department shall provide by regulation for the issuance of numbers to manufactures and dealers which may be used interchangeably upon motorboats operated by such manufacturers and dealers in connection with the demonstration, sale or exchange of such motorboats. The fee for each such number shall be $3.

      Sec. 22.  (Deleted by amendment.)

      Sec. 23.  NRS 488.105 is hereby amended to read as follows:

      488.105  If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the numbering system employed pursuant to the provisions of this chapter by the [commission] department shall be in conformity therewith.

      Sec. 24.  NRS 488.115 is hereby amended to read as follows:

      488.115  1.  The department may award any certificate of number directly or may authorize any person to act as agent for the awarding thereof. If a person accepts such authorization, he may be assigned a block of numbers and certificates therefor which upon award, in conformity with the provisions of this chapter and with any rules and regulations of the [commission,] department, shall be valid as if awarded directly by the department.


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ê1971 Statutes of Nevada, Page 1380 (Chapter 611, AB 442)ê

 

directly by the department. At the time that an agent forwards moneys collected to the department he may retain the amount set by the [commission] department for awarding certificates of number, which amount shall not exceed 5 percent of the funds collected nor more than 25 cents per certificate of number in any instance.

      2.  All records of the department made or kept pursuant to this section are public records.

      Sec. 25.  NRS 488.135 is hereby amended to read as follows:

      488.135  The [commission] department shall fix a day and month of the year on which certificates of number due to expire during the calendar year shall lapse and no longer be of any force and effect unless renewed pursuant to the provisions of this chapter.

      Sec. 26.  NRS 488.145 is hereby amended to read as follows:

      488.145  1.  The owner shall furnish the department notice of the [transfer of all or any part of his interest other than the creation of a security interest in a motorboat number in this state pursuant to NRS 488.075 and 488.085 or of the] destruction or abandonment of [such] any motorboat [,] numbered under this chapter, within 15 days thereof.

      2.  Such [transfer,] destruction or abandonment shall terminate the certificate of number for such motorboat. [, but if a transfer of a part interest does not affect the owner’s right to operate such motorboat, such transfer shall not terminate the certificate of number.]

      Sec. 27.  NRS 488.155 is hereby amended to read as follows:

      488.155  1.  Any holder of a certificate of number and a certificate of ownership shall notify the department within 15 days, if his address no longer conforms to the address appearing on [the certificate] such certificates and shall, as a part of such notification, furnish the department with his new address. The department shall give written notice of such new address to the appropriate county assessor.

      2.  The commission may provide in its rules and regulations for the surrender of [the certificate] such certificates bearing the former address and its replacement with [a certificate] new certificates bearing the new address or for the alteration of [an] outstanding [certificate] certificates to show the new address of the holder.

      Sec. 28.  NRS 488.175 is hereby amended to read as follows:

      488.175  1.  Except as provided in subsection 2, a motorboat need not be numbered or titled pursuant to the provisions of this chapter if it is:

      (a) Already covered by a number and certificate of ownership in [full force and] effect which has been awarded or issued to it pursuant to federal law or a federally approved numbering system of another state [,] or a title system of another state, if such boat has not been within this state for a period in excess of 90 consecutive days.

      (b) A motorboat from a county other than the United States temporarily using the waters of this state.

      (c) A public vessel of the United States, a state or a political subdivision of a state.

      (d) A ship’s lifeboat.

      (e) A motorboat belonging to a class of boats which has been exempted from numbering by the [commission] department after it has found that the numbering of motorboats of such class will not materially aid in their identification; and, if an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the [commission] department has further found that the motorboat would also be exempt from numbering if it were subject to the federal law.


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ê1971 Statutes of Nevada, Page 1381 (Chapter 611, AB 442)ê

 

aid in their identification; and, if an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the [commission] department has further found that the motorboat would also be exempt from numbering if it were subject to the federal law.

      2.  The department, pursuant to [commission] department regulation, may issue exempt numbers for motorboats not required to be registered under the provisions of this chapter.

      Sec. 29.  NRS 501.105 is hereby amended to read as follows:

      501.105  The commission shall establish polices and adopt regulations necessary to the preservation, protection, management and restoration of wildlife [.] and its habitat.

      Sec. 30.  NRS 501.110 is hereby amended to read as follows:

      501.110  1.  For the purposes of this Title, wildlife shall be classified as follows:

      (a) Wild animals, which shall be further classified as either game animals, fur-bearing animals, protected or unprotected animals.

      (b) Wild birds, which shall be further classified as either game birds, protected birds or unprotected birds. Game birds shall be further classified as upland game birds or migratory game birds.

      (c) Fish, which shall be further classified as either game fish or protected fish or unprotected fish.

      (d) Reptiles, which shall be further classified as either protected reptiles or unprotected reptiles.

      (e) Amphibians, which shall be further classified as either game amphibians, protected amphibians or unprotected amphibians.

      2.  Protected wildlife may be further classified as rare or endangered.

      3.  Each species of wildlife shall be placed in a classification by commission regulation and, when it is in the public interest to do so, species may be moved from one classification to another, in accordance with the procedure set by chapter 233B of NRS.

      [4.  Whenever it is in the public interest to do so, and upon reasonable public notice, the commission may add to or take from any of the appropriate classifications any animal, bird or fish.]

      Sec. 31.  NRS 501.119 is hereby amended to read as follows:

      501.119  1.  The department is authorized to determine methods of obtaining necessary data from hunters, trappers and fishermen relative to their activities and success.

      2.  Such methods may include return of report forms attached to licenses and tags or questionnaires addressed to license holders.

      3.  It is unlawful to fail to return any report form or questionnaire or to falsify any information requested. Failure to return such form or questionnaire within the period specified by commission regulation or the submission of any false statement thereon may be cause to deny the person the right to acquire any license provided under this Title for a period of 2 years.

      4.  Any statement made on such report forms or questionnaires shall not be the basis for prosecution for any indicated violations of other sections of this Title.

      Sec. 32.  NRS 501.343 is hereby amended to read as follows:


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ê1971 Statutes of Nevada, Page 1382 (Chapter 611, AB 442)ê

 

      501.343  The department may:

      1.  Collect and disseminate, throughout the state, information calculated to educate and benefit the people of the state regarding wildlife and boating, and information pertaining to any program administered by the department.

      2.  Publish wildlife journals [,] and other official publications, for which a specific charge may be made [or an annual subscription rate of not more than $5 may be charged,] such charge to be determined by the commission, with the proceeds to be deposited in the fish and game fund. No charge shall be made for publications required by commission regulation.

      Sec. 33.  NRS 501.349 is hereby amended to read as follows:

      501.349  1.  Those regular employees and others designated by the director as fish and game wardens shall have full power and authority to enforce all provisions of this Title and of chapter 488 of NRS.

      2.  Such wardens [may act as] are peace officers for the service of such legal process, including warrants and subpenas, as may be required in the performance of their duties in the enforcement of this Title and of chapter 488 of NRS.

      3.  Nothing in subsection 2 shall be construed to include employees designated as wardens within the provisions of subsections 1 or 3 of NRS 286.510, but their retirement from service under the provisions of chapter 286 of NRS at the age of 60 years shall be governed by the provisions of subsection 2 of NRS 286.510.

      Sec. 34.  NRS 501.356 is hereby amended to read as follows:

      501.356  1.  There is hereby created a fund to be known as and called the fish and game fund, which fund shall be kept in the state treasury, and, subject to the provisions of subsection 2, shall consist of all moneys received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075, remittances from the state treasurer received pursuant to the provisions of NRS 365.535, and moneys from all other sources as provided by law, including appropriations made by the legislature.

      2.  The moneys during any fiscal year received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075, remittances from the state treasurer received pursuant to the provisions of NRS 365.535 and moneys received from all other sources except appropriations, gifts and federal funds obtained under NRS 501.115 and 501.117, shall, upon receipt, be deposited at interest, with the written approval of the state board of finance, in any state or national bank or banks or savings associations in the State of Nevada. The principal so deposited shall be transferred [annually] periodically, during the next succeeding fiscal year, to the fish and game fund [between June 1 and July 31] for use of the department during [the next succeeding] that fiscal year.

      3.  The department may use so much of any such available moneys as may be necessary for:

      (a) The payment of the expenses of protecting, propagating, restoring, introducing, transplanting and managing of wildlife in or into this state.

      (b) The payment of the expenses incurred in the administration and enforcement of the provisions of this Title.


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ê1971 Statutes of Nevada, Page 1383 (Chapter 611, AB 442)ê

 

      (c) The acquisition of lands, water rights, easements and other property for the protection, management and propagation of wildlife in this state.

      (d) The payment of the expenses incurred in the development, maintenance, operation and repair of wildlife installations and facilities.

      (e) All other necessary expenses to effect and aid in the enforcement and administration of this Title, including such other acts of expenditure as may be found to be urgent and necessary to assist and effect control in the propagation, protection and management of wildlife and wildlife management areas.

      (f) The payment of the expenses incurred in the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act), but total expenditures from the fish and game fund for this purpose shall not exceed the total sums received by the department pursuant to the provisions of NRS 365.535 and 488.075.

      4.  All moneys in the fish and game fund shall be used for the purposes specified in this section and not diverted to any other fund or use, and shall not revert to general state funds.

      Sec. 35.  NRS 501.379 is hereby amended to read as follows:

      501.379  It is unlawful for any person to sell, or expose for sale, to barter, trade or purchase, or attempt to sell, barter, trade or purchase, any species of game animals or game birds or protected species of wildlife, or parts thereof, except as provided in this Title [.] but the sale of the hide, head, antlers or horns, or other nonedible parts of game animals is permitted. The importation and sale of game animals or game birds or parts thereof is not prohibited, provided such importation is from licensed commercial game breeders or processors outside the state.

      Sec. 36.  NRS 501.347 is hereby repealed.

      Sec. 37.  NRS 501.356 is hereby amended to read as follows:

      501.356  1.  There is hereby created a fund to be known as and called the fish and game fund, which fund shall be kept in the state treasury, and, subject to the provisions of subsection 2, shall consist of all moneys received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075 [,] and section 4 of this act, remittances from the state treasurer received pursuant to the provisions of NRS 365.535, and moneys from all other sources as provided by law, including appropriations made by the legislature.

      2.  The moneys during any fiscal year received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075 [,] and section 4 of this act, remittances from the state treasurer received pursuant to the provisions of NRS 365.535 and moneys received from all other sources except appropriations, gifts and federal funds obtained under NRS 501.115 and 501.117, shall, upon receipt, be deposited at interest, with the written approval of the state board of finance, in any state or national bank or banks or savings association in the State of Nevada. The principal so deposited shall be transferred periodically, [during the next succeeding fiscal year, to the fish and game fund for use of the department during that fiscal year.] commencing at the beginning of each fiscal year, to the fish and game fund for the use of the department during that fiscal year.


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ê1971 Statutes of Nevada, Page 1384 (Chapter 611, AB 442)ê

 

      3.  The department may use so much of any such available moneys as may be necessary for:

      (a) The payment of the expenses of protecting, propagating, restoring, introducing, transplanting and managing of wildlife in or into this state.

      (b) The payment of the expenses incurred in the administration and enforcement of the provisions of this Title.

      (c) The acquisition of lands, water rights, easements and other property for the protection, management and propagation of wildlife in this state.

      (d) The payment of the expenses incurred in the development, maintenance, operation and repair of wildlife installations and facilities.

      (e) All other necessary expenses to effect and aid in the enforcement and administration of this Title, including such other acts of expenditure as may be found to be urgent and necessary to assist and effect control in the propagation, protection and management of wildlife and wildlife management areas.

      (f) The payment of the expenses incurred in the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act), but total expenditures from the fish and game fund for this purpose shall not exceed the total sums received by the department pursuant to the provisions of NRS 365.535 and 488.075 [.] and section 4 of this act.

      4.  All moneys in the fish and game fund shall be used for the purposes specified in this section and not diverted to any other fund or use, and shall not revert to general state funds.

      Sec. 38.  NRS 488.095 is hereby repealed.

      Sec. 39.  1.  Sections 1 to 28, inclusive, and sections 37 and 38 of this act shall become effective on January 1, 1972.

      2.  Sections 29 to 36, inclusive, of this act shall become effective on July 1, 1971.

      3.  This section shall become effective upon passage and approval.

 

________

 

 

CHAPTER 612, AB 301

Assembly Bill No. 301–Mr. Fry

CHAPTER 612

AN ACT relating to crimes and punishments; amending the provisions relating to assault and battery; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  As used in this section, “assault” means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.


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

ê1971 Statutes of Nevada, Page 1385 (Chapter 612, AB 301)ê

 

      2.  Any person convicted of an assault shall be punished:

      (a) If the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, for a gross misdemeanor.

      Sec. 3.  1.  As used in this section, “battery” means any willful and unlawful use of force or violence upon the person of another.

      2.  Any person convicted of a battery shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no physical injury to the victim results, for a misdemeanor.

      (b) If the battery is not committed with a deadly weapon, and serious physical injury to the victim does result, for a gross misdemeanor.

      (c) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years.

      Sec. 4.  NRS 200.400 is hereby amended to read as follows:

      200.400  1.  [An assault with intent to kill, commit rape, the infamous crime against nature, mayhem, robbery or grand larceny shall subject the offender to imprisonment in the state prison for a term not less than 1 year nor more than 10 years; but if an assault with intent to commit rape be made, and if such crime is accompanied with acts of violence and substantial bodily harm results, the person guilty thereof shall be punished by imprisonment in the state prison for life, with or without possibility of parole, or he shall suffer death, if the jury by their verdict affix the death penalty. If the penalty is fixed at life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.

      2.  An assault with a deadly weapon, instrument or other thing, with an intent to inflict upon the person of another a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant heart, shall subject the offender to imprisonment in the state prison not less than 1 year nor more than 6 years, or to a fine of not more than $5,000, or to both fine and imprisonment.] As used in this section:

      (a) “Assault” means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

      (b) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      2.  Any person convicted of assault for an offer or threat to kill, commit rape, the infamous crime against nature, mayhem, robbery or grand larceny shall be punished for a gross misdemeanor.

      3.  Any person convicted of battery with intent to kill, commit rape, the infamous crime against nature, mayhem, robbery or grand larceny shall be punished by imprisonment in the state prison for not less than 2 years nor more than 10 years, except that if a battery with intent to commit rape is committed, and if such crime results in substantial physical injury to the victim, the person convicted shall be punished by imprisonment in the state prison for life, with or without the possibility of parole, or by death, as determined by the verdict of the jury, or the judgment of the court if there is no jury.


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ê1971 Statutes of Nevada, Page 1386 (Chapter 612, AB 301)ê

 

      4.  If the penalty is fixed at life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.

      Sec. 5.  NRS 200.470, 200.480 and 200.500 are hereby repealed.

 

________

 

 

CHAPTER 613, AB 318

Assembly Bill No. 318–Committee on Government Affairs

CHAPTER 613

AN ACT requiring the appointment of a special committee to study the problems of local governments in Clark County; and providing others matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  The legislature finds that:

      1.  The varied problems facing the municipal governments in Clark County are of interest to the entire State of Nevada but are of special concern to the people of Clark County.

      2.  The solution to such problems is necessary to the best interests of the State of Nevada but an adequate solution requires a careful examination of the situation which would extend beyond the present session of the legislature.

      Sec. 2.  1.  The chairman of the Clark County legislative delegation shall, within 30 days after the effective date of this act, appoint a special committee to study the problems of local government in Clark County. Such committee shall be composed of:

      (a) Four members of the senate delegation from Clark County to be nominated by the Clark County senate delegation. Of such members one shall represent Las Vegas, one shall represent North Las Vegas, one shall represent Henderson and one shall represent the unincorporated area of Clark County.

      (b) Four members of the assembly delegation from Clark County, to be nominated by the Clark County assembly delegation. Of such members one shall represent Las Vegas, one shall represent North Las Vegas, one shall represent Henderson and one shall represent the unincorporated area of Clark County.

      2.  The committee shall select its own chairman at its first meeting, which shall be called and presided over by the chairman of the Clark County legislative delegation until the permanent chairman is elected. The chairman of the Clark County delegation shall call such meeting no later than June 1, 1971.

      3.  An advisory board shall be appointed to assist the committee in performing the functions designated in this act. Such board shall consist of:

      (a) The mayor or his designee from each of the cities of Las Vegas, North Las Vegas, Henderson and Boulder City.


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

ê1971 Statutes of Nevada, Page 1387 (Chapter 613, AB 318)ê

 

      (b) A member of the town board of each of the townships of Winchester, Sunrise Manor and Paradise, appointed by the chairman of such town board.

      (c) One member of the board of county commissioners of Clark County, to be appointed by such board.

      4.  If the appropriate governing board has not appointed any member of the advisory board by May 15, 1971, the committee shall appoint such members.

      5.  The time and place of meetings of the committee and advisory board shall be determined by the committee.

      Sec. 3.  The committee appointed for the purposes provided in section 2 of this act shall:

      1.  Determine the need if any, to realign any local governments or other public agencies.

      2.  Hold public hearings, seminars and conferences as necessary to insure that the people of Clark County are fully informed on any contemplated changes before such changes are implemented.

      3.  Develop an implementation plan that will restore to city government the performance of urban services and will restore to county government the performance of regionwide or countywide services along with an appropriate revenue basis for each type of government on a cost-benefit concept.

      4.  Recommend to the board of county commissioners and other governing bodies such changes as may be necessary which can be made by ordinance, interlocal agreement or by any other means locally available.

      5.  Recommend to the next regular or special session of the legislature any necessary or appropriate legislation.

      Sec. 4.  1.  Except as otherwise provided in subsection 2, in order to avoid further complication and confusion, no further incorporation of cities, annexation of unincorporated areas or consolidation of functions between local governments in Clark County shall take place prior to the final adjournment of the 57th session of the Nevada legislature except by special act of the legislature or, in the case of action by two or more local governments, by unanimous consent of all such local governments involved.

      2.  Nothing in this section shall prevent any property which is contiguous to the boundaries of any incorporated city in Clark County from being annexed to such cities as provided in NRS 268.570 to 268.608, inclusive, upon petition of 100 percent of the owners of such property.

      Sec. 5.  To assist the committee in carrying out the functions required by this act, the board of county commissioners of Clark County shall provide office space, staff and secretarial services, necessary publication costs and such other financial assistance as may be necessary.

      Sec. 6.  This act shall become effective upon passage and approval.

 

________


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

ê1971 Statutes of Nevada, Page 1388ê

 

CHAPTER 614, SB 654

Senate Bill No. 654–Committee on Federal, State and Local Governments

CHAPTER 614

AN ACT directing the legislative commission to make a comprehensive study of the Nevada industrial commission; directing that the costs of such study be paid from funds of the Nevada industrial commission; and providing other matters properly relating thereto.

 

 

[Approved April 28, 1971]

 

      Whereas, There have been questions raised recently concerning the Nevada industrial commission’s administration of its various funds; and

      Whereas, Criticism has been directed at the relationship of the commission to the practicing physicians of Nevada; and

      Whereas, There have been other questions and criticisms concerning the operations of the commission; and

      Whereas, It is in the best interest of the people of the State of Nevada to have these questions and criticisms answered; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The legislative commission is hereby directed to:

      1.  Make a thorough study of the Nevada industrial commission, including, but not limited to, the organization of the commission, the qualifications of commissioners and the commission’s methods of operation, an examination of the relationship of the commission to practicing physicians, the method of determining the amount of fees to be paid to physicians, inquiring as to the advantages and disadvantages of a fixed fee schedule, or in the alternative, usual and customary fees and a consideration of the safeguards necessary to implement the rates or fees, evidence of any abuses by physicians, the amount of benefits paid to employees by the commission, the schedules of benefits paid to employees, the amount of premium payments and the effect of private disability and death benefit insurance on the programs under the Nevada Industrial Insurance Act and the Nevada Occupational Diseases Act.

      2.  Report the results of such study and make recommendations for any necessary legislation to the 57th session of the legislature.

      Sec. 2.  Notwithstanding the provisions of any other law, the costs of the study herein directed to be made shall be paid from any funds available to the Nevada industrial commission upon a claim or claims therefor made by the legislative commission on the Nevada industrial commission.

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

 

________


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

ê1971 Statutes of Nevada, Page 1389ê

 

CHAPTER 615, AB 641

Assembly Bill No. 641–Messrs. Hilbrecht, Branch, Dini, Dreyer, Miss Hawkins, Messrs. Mello, Smith, Howard, Poggione, Glaser, Capurro, Mrs. White, Messrs. Frank Young, Lowman, Swackhamer, Prince, Swallow, Hafen, Olsen, Schofield, Bryan, Mrs. Brookman and Mr. Getto

CHAPTER 615

AN ACT relating to crimes against the legislative power; authorizing the legislature to provide for formal hearings and to subpena witnesses and administer oaths to persons appearing as witnesses; providing a penalty for misrepresentation of facts by witnesses; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Each house of the legislature may provide by appropriate rules for formal hearings.

      2.  The legislator or legislators conducting such formal hearings are hereby authorized to subpena witnesses except state elected officials and to administer oaths to all persons appearing as witnesses before such formal hearing.

      3.  Every person who appears and is sworn as a witness before either house of the legislature, or any committee thereof, convened for formal hearing, who willfully misrepresents any fact is guilty of a gross misdemeanor.

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

 

________

 

 

CHAPTER 616, SB 644

Senate Bill No. 644–Committee on Federal, State and Local Governments

CHAPTER 616

AN ACT relating to water pollution in the Lake Mead-Las Vegas Wash area of Clark County; designating the Las Vegas Valley water district as the agency to undertake elimination of such pollution; creating a professional and technical advisory board, designating its membership and duties; providing for financing of investigations and initial construction; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  The legislature of the State of Nevada declares that there exists serious problems of water pollution in the Lake Mead-Las Vegas Wash area of Clark County, and that these problems are a matter of state concern.

      Sec. 2.  1.  The Las Vegas Valley water district is hereby designated as the agency to undertake elimination of the water pollution problems referred to in section 1.


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

ê1971 Statutes of Nevada, Page 1390 (Chapter 616, SB 644)ê

 

      2.  The water district shall make or cause to be made any investigations necessary to determine the most feasible solution, and shall implement such solution by construction, operation and maintenance of facilities to the extent permitted by moneys made available to the water district for that purpose.

      3.  There is hereby created a professional and technical advisory board composed of the individuals specified in subsections 4 and 5 for the purpose of giving technical support and rendering professional advice to the Las Vegas Valley water district in the performance of its duties under this act. The Las Vegas Valley water district is specifically directed to seek and obtain advice and recommendations from the advisory board but is not bound to follow or act affirmatively upon such recommendations and advice. It is the intention of the legislature that all members of the advisory board (except these individuals specifically designated in subsection 4) be selected because of their technical, engineering, public health or other professional qualifications, and the appointing authorities shall not select or designate representatives not possessing such technical and professional qualifications.

      4.  The professional and technical advisory board shall consist of:

      (a) The manager of Sanitation District No. 1 in Clark County, who shall be the chairman of the board.

      (b) The individual employed by the city of Las Vegas who is responsible for the operation of that city’s sanitary sewers.

      (c) One representative from each of the cities of Las Vegas, North Las Vegas, Henderson and Boulder City designated by the governing bodies thereof.

      (d) A representative of the health division of the department of health, welfare and rehabilitation designated by the state health officer.

      (e) A representative of Basic Management, Inc. designated by the board of directors of such corporation.

      (f) A representative of Clark County designated by the board of county commissioners of Clark County.

      (g) A representative of the Colorado River commission of Nevada designated by the commission.

      (h) A representative of the Las Vegas Valley water district designated by the district’s board of directors.

      (i) The state engineer.

      5.  Representatives of Nellis Air Force Base and the National Park Service of the United States Department of the Interior shall, if permissible under federal law and regulations, be designated by appropriate authority to serve as members of the advisory board.

      6.  Within 30 days after the effective date of this act the various appointing officers and governing bodies specified in subsections 3 and 4 shall give the chairman of the advisory board written notice of the names and addresses of the individuals designated to serve as members of the advisory board. Immediately after receipt of such notices the chairman of the advisory board shall call the initial and organizational meeting of the advisory board. The advisory board shall adopt necessary rules for its operation. Payment of per diem, travel and other necessary expenses incurred by the members of the board in the performance of their duties under this section shall be within the discretion of each appointing authority and shall be paid, if allowed, from the funds of each such appointing authority.


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

ê1971 Statutes of Nevada, Page 1391 (Chapter 616, SB 644)ê

 

under this section shall be within the discretion of each appointing authority and shall be paid, if allowed, from the funds of each such appointing authority.

      Sec. 3.  The Colorado River commission of Nevada shall contract with the Las Vegas Valley water district to reimburse the water district immediately for any expenditures made pursuant to section 2 of this act to the extent that moneys are available:

      1.  From the proceeds of bonds sold pursuant to the authority of chapter 268, Statutes of Nevada 1967.

      2.  From the sale of water or power or both, which moneys have been reserved for research and development.

      Sec. 4.  The Las Vegas Valley water district shall:

      1.  Quarterly, commencing on September 1, 1971, file a written report of its progress and activities concerning its duties under this act with the governor and the legislative commission.

      2.  On or before December 1, 1972, file a final written report with the governor and the legislative commission. The director of the legislative counsel bureau shall transmit a copy of such report to each member of the legislature.

      Sec. 5.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 617, SB 442

Senate Bill No. 442–Committee on Labor

CHAPTER 617

AN ACT amending the Unemployment Compensation Law by requiring the repayment of benefits paid when such were based on false statements or representations and disqualifying such recipients from receiving further benefits for a certain period thereafter; repealing a provision of the law disqualifying an individual for benefits when convicted for making false statements or failing to disclose material facts to obtain benefits; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 612.445 is hereby amended to read as follows:

      612.445  [An individual shall be disqualified for benefits for the week with respect to which a claimant makes a false statement or representation knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of causing any benefit to be paid or increased under this chapter, and for not more than 52 consecutive weeks thereafter occurring within the current and following benefit year as determined by the executive director according to the circumstances in each case.] When the executive director finds that any person has made a false statement or representation, knowing it to be false, or knowingly failed to disclose a material fact in order to obtain or increase any benefit or other payment under this chapter, such person shall repay to the executive director for deposit in the fund a sum equal to all of the benefits received by or paid to such person for each week with respect to which such false statement or representation was made or to which he failed to disclose a material fact.


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

ê1971 Statutes of Nevada, Page 1392 (Chapter 617, SB 442)ê

 

to such person for each week with respect to which such false statement or representation was made or to which he failed to disclose a material fact. Such person is disqualified from receiving unemployment compensation benefits under this chapter for a period of not more than 52 consecutive weeks beginning with the week in which it is determined that an improper claim was filed involving such false statement or representation or failure to disclose a material fact. The executive director shall fix the period of disqualification according to the circumstances in each case.

      Sec. 2.  NRS 612.405 is hereby repealed.

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

 

________

 

 

CHAPTER 618, SB 281

Senate Bill No. 281–Clark County Delegation

CHAPTER 618

AN ACT relating to the Lost City museum; creating the Lost City museum advisory commission and specifying its duties; making an appropriation from the general fund in the state treasury for the acquisition of an Indian artifact and mineral lapidary collection therefor; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 381 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The Lost City museum advisory commission, consisting of seven members, is hereby created.

      2.  Six of the members shall be appointed by the governor from among the residents of Clark County, Nevada. On the first commission appointed three shall be appointed for a term of 2 years and three for 4 years. Thereafter all such members shall be appointed for a term of 4 years, except that any vacancy caused by the death or resignation of a member or for any other reason shall be filled for the balance of the unexpired term.

      3.  The other member of the commission shall be selected by the governor from among the membership of the board of trustees of the Nevada state museum. The term of such member shall coincide with his term as a trustee.

      Sec. 3.  The Lost City museum advisory commission shall:

      1.  Adopt policies to guide the curator and employees of the Lost City museum in the management of such museum relating to the display and acquisition of artifacts.

      2.  Study the feasibility of establishing a system of museums in southern Nevada and make such recommendations to the legislature regarding such a system as the commission may determine appropriate.

      Sec. 4.  1.  There is hereby appropriated from the general fund in the state treasury to the Lost City museum advisory commission and the buildings and grounds division of the department of administration the sum of $10,000 to be expended for the purchase of the R.


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

ê1971 Statutes of Nevada, Page 1393 (Chapter 618, SB 281)ê

 

sum of $10,000 to be expended for the purchase of the R. F. Perkins Indian artifact and mineral lapidary collection, but none of the moneys appropriated by this section may be expended by the Lost City museum advisory commission and the buildings and grounds division of the department of administration until they have received the sum of $90,000 from private sources for the specific purpose of acquiring such Indian artifact and mineral lapidary collection.

      2.  If the R. F. Perkins Indian artifact and mineral lapidary collection is acquired:

      (a) Such collection shall remain for display in the Lost City museum and not be removed for display elsewhere.

      (b) R. F. Perkins, the curator of the Lost City museum, shall remain in the employ of the State of Nevada (unless discharged for cause) until he is retired from service pursuant to the provisions of chapter 286 of NRS.

      3.  In addition to the authority granted the chief of the buildings and grounds division of the department of administration in NRS 381.270 to accept gifts, devises and bequests for and on behalf of the Lost City museum the Lost City museum advisory commission is hereby granted like authority to effectuate the purposes of this section.

 

________

 

 

CHAPTER 619, SB 517

Senate Bill No. 517–Committee on Commerce

CHAPTER 619

AN ACT relating to funeral service contracts; providing a procedure for licensing of persons selling prepaid funeral service contracts; establishing requirements for such contracts and trust agreements; providing for administration by the commissioner of insurance; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 689 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 42, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the contest otherwise requires, the words and terms defined in sections 3 to 15, inclusive, of this act, have the meanings ascribed to them in such sections.

      Sec. 3.  “Administrator” means the commissioner of insurance.

      Sec. 4.  “Agent” means an individual authorized by a seller to offer, sell or solicit the purchase of a prepaid contract on behalf of the seller.

      Sec. 5.  “Buyer” means the purchaser of a prepaid contract.

      Sec. 6.  1.  “Funeral service or services” means those services performed normally by funeral directors or funeral or mortuary parlors and includes their sales of burial supplies and equipment.

      2.  “Funeral service or services” does not include services performed by a cemetery or the sale by a cemetery of services, land interests, markers, memorials, monuments or merchandise and equipment in relation to the cemetery or the sale of crypts or niches constructed or to be constructed in a mausoleum or columbarium or otherwise on cemetery property.


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

ê1971 Statutes of Nevada, Page 1394 (Chapter 619, SB 517)ê

 

the cemetery or the sale of crypts or niches constructed or to be constructed in a mausoleum or columbarium or otherwise on cemetery property.

      Sec. 7.  “Net purchase price” means the net amount of the purchase price remaining after deduction of the sales commission.

      Sec. 8.  “Performer” means the person or persons designated in the prepaid contract to furnish the funeral services, supplies and equipment covered by the contract on the demise of the beneficiary.

      Sec. 9.  “Person” means natural persons, partnerships, firms, associations and corporations residing in or doing business in this state.

      Sec. 10.  1.  “Prepaid contract” means any contract under which, for a specified consideration paid in advance in a lump sum or by installments, a person promises either prior to or upon the death of a beneficiary named in or otherwise ascertainable from the contract to furnish funeral services and merchandise or burial supplies and equipment.

      2.  “Prepaid contract” does not include a contract of insurance or any instrument in writing whereby any charitable, religious, benevolent or fraternal benefit society, corporation, association, institution or organization, not having for its object or purpose pecuniary profit, promises, or agrees to embalm, inter or otherwise dispose of the remains of any person, or to procure or pay the expenses, or any part thereof, of embalming, interring or otherwise disposing of the remains of any person.

      Sec. 11.  “Purchasing price” means the aggregate amount to be paid by a buyer to a seller for a prepaid contract.

      Sec. 12.  “Sales commission” means that portion of the purchase price paid to or retained by the seller as compensation in connection with the sale of a prepaid contract.

      Sec. 13.  “Seller” means any person selling a prepaid contract.

      Sec. 14.  “Trust fund” means funds deposited with a trustee by a seller with respect to a prepaid contract.

      Sec. 15.  “Trustee” means any state or national bank, trust company or federally insured savings and loan association, authorized to transact such business in the State of Nevada and designated as the trustee of the trust fund in a prepaid contract.

      Sec. 16.  1.  It is contrary to public policy for any person to receive, hold, control or manage funds or proceeds received or derived from sale of, or from a contract to sell, personal property, merchandise, funeral supplies or services of whatsoever description not already existing, available, deliverable and suitable for use in, or for the performance of, any service prior to the final disposition of the remains of any deceased person, whether such payments are made in lump sum or on an installment basis, prior to the demise of the person purchasing them or the person for whose use and benefit they are purchased, unless the provisions of this chapter are complied with.

      2.  The provisions of subsection 1 do not apply to bona fide prepaid agreements whereby a licensed mortuary or funeral home is to furnish funeral services to a person who has a medically diagnosed terminal illness and which agreement is entered into and fully performed by the authority on a date which is within a period of 60 days of the date medically predicted for the demise of such persons.


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

ê1971 Statutes of Nevada, Page 1395 (Chapter 619, SB 517)ê

 

      Sec. 17.  No person may sell any prepaid contract or accept any funds under such contract unless:

      1.  He holds a valid certificate of authority as a seller issued by the administrator; and

      2.  The contract and the sale thereof are in compliance with the provisions of this chapter.

      Sec. 18.  1.  The proposed seller, or the appropriate corporate officer of the proposed seller, shall make application in writing to the administrator for a certificate of authority.

      2.  Such application shall contain:

      (a) The proposed seller’s name and address, and his occupations during the preceding 5 years;

      (b) The name and address of the proposed trustee;

      (c) The names and addresses of the proposed performers, specifying what particular services, supplies and equipment each performer is to furnish under the proposed prepaid contract; and

      (d) Such other pertinent information as the administrator may reasonably require.

      3.  The application shall be accompanied by:

      (a) The applicant’s fingerprints on a form furnished by the administrator;

      (b) A copy of the proposed trust agreement and a written statement signed by an authorized officer of the proposed trustee to the effect that the proposed trustee understands the nature of the proposed trust fund account and accepts it;

      (c) A copy of each contract or understanding, existing or proposed, between the seller and performers relating to the proposed prepaid contract or items to be supplied under it;

      (d) A copy of any other document relating to the proposed seller, trustee, trust, performer or prepaid contract, as may be required by the administrator; and

      (e) A fee of $25, which is not refundable.

      Sec. 19.  1.  Prior to issuance of a certificate of authority, the seller shall post with the administrator and thereafter maintain in force a bond in the principal sum of $50,000 issued by an authorized corporate surety in favor of the State of Nevada, or a deposit of cash or negotiable securities representing public obligations or a combination of cash and negotiable securities. If a deposit is made in lieu of a bond, the deposit shall at all times have a market value of not less than the amount of the bond required by the administrator.

      2.  In lieu of posting the entire amount of the bond or deposit required under subsection 1, the administrator may:

      (a) Approve the posting of a bond or deposit in the amount of $5,000 or multiple thereof, not to exceed $50,000, if he finds that the circumstances and status of the applicant’s business do not immediately warrant the posting of a bond or the full amount of the bond or deposit for the purposes provided in subsection 3.

      (b) If less than the full amount of the bond or deposit is posted by the applicant, the administrator may require him to post an additional bond or deposit of $5,000 or multiple thereof each following year until the required maximum of $50,000 is met.


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

ê1971 Statutes of Nevada, Page 1396 (Chapter 619, SB 517)ê

 

      3.  The bond or deposit shall be held:

      (a) For the benefit of buyers of prepaid funeral contracts, and other persons as their interests may appear, who may be damaged by misuse or diversion of moneys by the seller or his agents; or

      (b) To satisfy any judgments against the seller for failure to perform a prepaid contract. The aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, exceed the sum of such bond. The surety on the bond shall have the right to cancel such bond upon giving 30 days’ notice to the administrator and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of such cancellation.

      4.  The administrator:

      (a) Shall release the bond or deposit after the seller has ceased doing business as such and the administrator is satisfied of the nonexistence of any obligation or liability of the seller for which the bond or deposit was held; or

      (b) May reduce the bond or deposit in $5,000 increments if he finds that the circumstances and status of the applicant’s business warrant such reduction.

      Sec. 20.  1.  If the administrator finds that the application is complete and the applicant otherwise qualifies under the provisions of this chapter, he shall issue a seller’s certificate of authority to the applicant.

      2.  The administrator shall refuse to issue a certificate of authority to any applicant who does not comply with or otherwise meet the requirements of this chapter. Upon such refusal, the administrator shall give written notice thereof to the applicant, setting forth the reasons for such refusal.

      Sec. 21.  1.  Each certificate of authority issued pursuant to this chapter shall expire at midnight on April 30 next following its date of issuance.

      2.  The administrator shall renew a certificate of authority upon receiving a written request for renewal from the seller, accompanied by a renewal fee of $25, if he finds that the seller is, at that time, in compliance with all applicable provisions of this chapter.

      Sec. 22.  1.  After giving written notice of charges to the seller, not less than 30 days in advance of hearing, the administrator may, after hearing, which shall be held pursuant to the provisions of chapter 233B of NRS, revoke the seller’s certificate of authority if the seller:

      (a) Obtained his certificate of authority through misrepresentation or concealment of a material fact;

      (b) Is no longer qualified for such certificate of authority; or

      (c) Knowingly violates any provision of this chapter or any lawful order, rule or regulation of the administrator.

      2.  If a seller is found to be in violation of paragraph (c) of subsection 1, the administrator may, in lieu of revocation, suspend the seller’s certificate of authority for a period not to exceed 90 days.

      Sec. 23.  1.  It is unlawful for any person to solicit the sale of a prepaid contract in this state, on behalf of a seller, unless he holds a valid agent’s license issued by the administrator.

      2.  This section does not apply to a seller who is an individual holding a valid certificate of authority.


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

ê1971 Statutes of Nevada, Page 1397 (Chapter 619, SB 517)ê

 

      Sec. 24.  1.  To qualify for an agent’s license, the applicant shall:

      (a) Execute and file a written application with the administrator on forms furnished by the administrator;

      (b) Be of good business and personal reputation; and

      (c) Pass a written examination prepared by the state board of funeral directors and embalmers and administered by the commissioner.

      2.  The application shall:

      (a) Contain information concerning the applicant’s identity, address and personal background and business, professional or work history.

      (b) Contain such other pertinent information as the administrator may require.

      (c) Be accompanied by a filing and license fee of $10, which is not refundable.

      Sec. 25.  1.  If the administrator finds that the application is complete and the applicant is otherwise acceptable, he shall, after an investigation lasting not to exceed 30 days, issue at the request of the holder of a valid certificate of authority an agent’s license to the applicant.

      2.  The administrator shall deny such license because the applicant does not meet the requirements of section 24 of this act. If the license is denied the administrator shall immediately notify the applicant and the seller whom the applicant was to represent setting forth the reasons for the denial.

      3.  An applicant for an agent’s license may receive a temporary agent’s permit at the request of a holder of a valid certificate of authority. Such temporary permit shall be valid for a period of not more than 30 days. During such period each sales agreement sold by an agent with a temporary permit shall be cosigned by a licensed agent or holder of a valid certificate of authority.

      Sec. 26.  1.  Each agent’s license issued pursuant to this chapter shall expire at midnight on April 30 next following its date of issuance.

      2.  An agent’s license may be renewed, unless it has been suspended or revoked, at the request of the holder of a valid certificate of authority, upon filing a written request for renewal accompanied by a $5 renewal fee, which is nonrefundable.

      3.  An agent’s license is valid only while the agent is employed by a holder of a valid certificate of authority.

      Sec. 27.  The administrator may proceed against an agent’s license in the same manner as provided in section 22 of this act if the agent:

      1.  Obtained his license through misrepresentation or concealment of a material fact.

      2.  Is no longer qualified for such license.

      3.  Knowingly violates any provision of this chapter or any lawful order, rule or regulation of the administrator.

      Sec. 28.  1.  All prepaid contract forms offered or sold in this state shall contain:

      (a) The names and addresses of the seller, buyer, beneficiary, trustee and the performer or performers;

      (b) A clear and unambiguous statement of the services and property to be supplied and by whom;


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

ê1971 Statutes of Nevada, Page 1398 (Chapter 619, SB 517)ê

 

      (c) The purchase price of each item of supply or service and how payable;

      (d) The date and place of execution;

      (e) Other reasonable and appropriate provisions as prescribed by the administrator by rule or regulation;

      (f) The full percentage of sales commission to be retained by the seller;

      (g) The seller’s or his agent’s signature on the original contract and his identification by name and title on any duplicate copy of such contract given to the buyer;

      (h) A provision in 14-point type or larger, stating in substance that the buyer shall be permitted to return the contract within 10 days of its delivery to the buyer and to have the full purchase price or amount paid thereon refunded if the buyer is not satisfied with it for any reason; and

      (i) In print on its face sheet in 14-point type or larger, a notice stating, “This is not an insurance contract.”

      (j) A provision for return of the “net purchase price” at any time before the services are performed by the seller.

      2.  The written contract, when signed, shall constitute the entire agreement between the parties relative to its subject matter.

      3.  If the buyer, pursuant to the provision required by paragraph (h) of subsection 1, returns the contract to the seller at his branch or home office or to the agent through whom it was purchased, the contract shall be void from the beginning and the parties shall be returned to the same position they occupied before the contract was entered into.

      Sec. 29.  1.  A seller shall not offer, sell or deliver in this state any prepaid contract unless the form of such contract has been filed with and approved in writing by the administrator.

      2.  The administrator shall disapprove any such form of contract which he finds:

      (a) Printed or reproduced in such manner as to be substantially illegible in whole or in part.

      (b) Contains ambiguous or misleading provisions, clauses or titles.

      (c) Includes or combines in the prepaid contract provisions for the purchase of a cemetery plot and incidental cemetery services.

      (d) Does not comply or is inconsistent with any applicable requirement of this chapter.

      3.  No amendment or modification of any such form shall be made unless the amendment or modification has been filed with and approved in writing by the administrator.

      4.  Each filing is subject to a waiting period of up to 30 days before it becomes effective.

      5.  Upon written application by the holder of a certificate of authority, the administrator may authorize a filing which he has reviewed to become effective before the expiration of the waiting period or any extension thereof.

      6.  A filing shall be deemed to meet the requirements of this chapter unless disapproved by the administrator within the waiting period.

      Sec. 30.  The seller may make available to buyers, under deferred payment prepaid contracts, credit life insurance on a form and terms filed with and approved by the chief of the insurance division of the department of commerce. The buyer shall be provided with a certificate of such credit insurance by the seller or as otherwise required by the administrator.


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

ê1971 Statutes of Nevada, Page 1399 (Chapter 619, SB 517)ê

 

of such credit insurance by the seller or as otherwise required by the administrator.

      Sec. 31.  The sales commission on any prepaid contract shall not exceed 25 percent of the purchase price.

      Sec. 32.  1.  The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract, in accordance with the trust agreement filed with the administrator.

      2.  The seller shall maintain unimpaired and shall deposit in the trust fund, within 15 days following the end of the month in which payment was received, all installments received on prepaid contracts sold after the sales commission has first been deducted.

      3.  The trustee shall, with respect to such trust funds, exercise the judgment and care under the circumstances then prevailing which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of such standard, and subject to any express provision or limitation contained in any particular trust instrument, a trustee is authorized to acquire and retain every kind of investment, specifically including, but not limited to, bonds, debentures, and other corporate obligations and stocks, preferred or common, which men of prudence, discretion and intelligence acquire or retain for their own account.

      4.  Except as otherwise provided in this chapter or the trust agreement approved in writing by the administrator or as may be required by an order of a court of competent jurisdiction, the trustees shall maintain the trust funds intact and unimpaired and shall make no other payment or disbursement of such trust funds.

      Sec. 33.  1.  Not more than 75 percent of the earnings of such investments, including capital gains, as they accrue and are received, may be disbursed by the trustee to the seller or his designee. The remainder of any such earnings shall be held by the trustee to establish a securities valuation reserve until such reserve equals 25 percent of the total trust liabilities.

      2.  The trustee shall maintain the trust at 125 percent of such liabilities. Earnings in excess of the 125 percent of the total trust liabilities may be distributed at least annually.

      3.  If the funds are invested or reinvested in:

      (a) Securities which are issued or guaranteed by the United States of America;

      (b) Bonds of this state or the bonds of any other state;

      (c) Bonds of counties or municipalities of any state;

      (d) Bank deposits in any federally insured bank or savings and loan association; or

      (e) With the written approval of the administrator, any investment which would have guaranteed liquidity,

then no earnings of such investments, including capital gains, if any, as such earnings accrue and are received, may be disbursed by the trustee to the seller or his designee which would reduce the corpus of the trust below 100 percent value. Earnings in excess of the 100 percent or 125 percent of the total trust liability, whichever is appropriate, may be distributed at least annually.


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

ê1971 Statutes of Nevada, Page 1400 (Chapter 619, SB 517)ê

 

percent of the total trust liability, whichever is appropriate, may be distributed at least annually.

      4.  Earnings shall be defined as any sum remaining in the trust after deducting costs of administration over and above 100 percent of the required value of the trust.

      5.  Every trustee handling trust funds under sections 2 to 42, inclusive, of this act shall file with the administrator, within 15 days following the first day of each calendar quarter, a financial statement showing the activity of all trusts required to be maintained by any seller and the total market value of each trust as of the first day of the calendar quarter. Such statement shall be on forms prescribed and adopted by the administrator. Every quarterly report shall be accompanied by a fee of $10. If such statement is not received by the administrator as required, the administrator may, after giving the seller 10 days’ written notice, revoke the seller’s license.

      6.  The trust shall be valued quarterly and averaged annually to determine the total value of the trust. If the average market value as of December 31 of each year is below 100 percent or 125 percent of the total trust liability, whichever is appropriate, the administrator may suspend the seller’s certificate of authority until such deficiency is made up.

      Sec. 34.  In the absence of fraud, all trust funds held or invested in accordance with the provisions of this chapter are not liable to attachment, garnishment or other process or to be seized, taken, appropriated or applied to pay any debt or liability of the seller, buyer, beneficiary or performer by any legal or equitable process or by operation of law.

      Sec. 34.5.  The net purchase price of the preneed contract shall be available to the buyer or his estate or heirs at any time prior to performing the service described in the preneed contract upon written notice to the seller and trustee of the intent of the buyer or his estate or heirs to terminate the preneed contract and withdraw trust funds attributable to the buyer.

      Sec. 35.  1.  Except as provided in subsection 2, if the buyer moves to another geographic area beyond the normal facilities of the seller and performers under the prepaid funeral contract, the contract shall be terminated upon the buyer’s written notice to the seller and trustee of such removal and of his desire to terminate such contract. The trustee, as soon as reasonably possible after receipt of such notice, shall refund to the buyer all trust funds held to the buyer’s account.

      2.  If the contract continues in force and the buyer is not in default thereunder, upon the demise of the contract beneficiary, all moneys paid on the contract shall be payable to the buyer’s representative or estate, or transferred and paid to satisfy the buyer’s obligation to the substituted performers, if any.

      Sec. 36.  1.  An executory prepaid contract shall automatically terminate if the seller or any performer under the contract goes out of business, dies, becomes insolvent or bankrupt, makes an assignment for the benefit of creditors or is otherwise unable to fulfill the obligations under the contract unless, within 30 days following the going out of business, death, insolvency or bankruptcy of the seller, or within any extension of time granted by the administrator, such executory prepaid contracts are assigned to a holder of a valid certificate of authority and the holder agrees in writing to accept the liabilities under the contract and agrees to fulfill all obligations set forth therein.


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

ê1971 Statutes of Nevada, Page 1401 (Chapter 619, SB 517)ê

 

agrees in writing to accept the liabilities under the contract and agrees to fulfill all obligations set forth therein.

      2.  Upon any such termination, the trust funds held by the trustee for the account of the buyer shall be distributed by the trustee to the buyer or performer assuming the outstanding contractual liabilities, as authorized by the administrator.

      Sec. 37.  1.  Every seller shall keep:

      (a) Accurate accounts, books and records of all transactions;

      (b) Copies of all agreements and dates and amounts of payments made and accepted;

      (c) The names and addresses of the contracting parties; and

      (d) The persons for whose benefit such funds are accepted and the names of the depositories in which such funds are deposited.

      2.  The seller shall keep within this state, at the address shown upon the certificate of authority, complete records of all transactions made under his certificate of authority. Such records and the affairs of the seller shall be subject to audit and examination by the administrator at any reasonable time. The seller shall keep such records for a period of not less than 5 years after the completion of all transactions to which they relate.

      3.  The administrator shall from time to time, and at least once every 3 years, examine the records and affairs of each seller or other person in relation to any matter relevant to the financial affairs of the seller, at the expense of the seller examined. Any seller or other person examined shall, upon request, produce or make available all such records for examination. The written report of all such examinations, when completed, shall be filed in the office of the administrator, and shall constitute a public record.

      4.  The administrator, or his designated representative, may at any time examine the records and affairs of any such seller or person, whether in connection with a formal examination or not. The seller shall pay for the expense of the examination in the same manner as an audit of an insurance company.

      Sec. 38.  The administrator shall promptly deposit with the state treasurer, for credit to the insurance division regulatory revolving fund, which is hereby established in the state treasury, all fees and charges collected by him under this chapter.

      Sec. 38.5.  1.  On or before May 1, annually, a written report shall be made to the commissioner of any moneys held in a trust fund remaining unpaid and unclaimed for 7 years or more after such moneys became refundable or due under any prepaid contract, which was matured by being in force at the time that the buyer would attain the age of 99 years.

      2.  On the basis of such report, the commissioner shall publish approximate notice of any unclaimed moneys and any such moneys at the expiration of a reasonable period of time after publication shall be:

      (a) Paid over to the commissioner, at his request, for custody and administration by the state for the benefit of persons entitled to receive such moneys; or

      (b) Otherwise distributed or transferred in the manner provided for the disposition of unclaimed funds under life and endowment insurance policies, or annuity contracts.


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

ê1971 Statutes of Nevada, Page 1402 (Chapter 619, SB 517)ê

 

      Sec. 39.  The administrator may make, promulgate, amend and rescind such rules and regulations as may be necessary to carry out the purposes and provisions of this chapter.

      Sec. 40.  The provisions of the Nevada Administrative Procedure Act apply to this chapter.

      Sec. 41.  Every license which has been issued to any person to transact the business of issuing prepaid funeral contracts or certificates under the former provisions of this chapter shall expire on the effective date of this act and shall not be renewable.

      Sec. 42.  In addition to any other penalty provided for in this chapter, any person who violates any provision of this chapter or any rule or regulation promulgated pursuant to this chapter, for which a greater penalty is not otherwise provided by law, is guilty of a misdemeanor.

      Sec. 43.  NRS 689.010 to 689.040, inclusive, are hereby repealed.

      Sec. 44.  This act shall become effective 90 days after passage and approval.

 

________

 

 

CHAPTER 620, SB 124

Senate Bill No. 124–Senator Dodge

CHAPTER 620

AN ACT requiring certain additional information on the state certificates of weights and measures issued by public weighmasters.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 582.080 is hereby amended to read as follows:

      582.080  1.  The state sealer of weights and measures shall prescribe a form of weight certificate to be used by all public weighmasters.

      2.  The certificate shall be known as the state certificate of weights and measures. [Except as provided in subsection 4, public] Public weighmasters or their deputies shall record the following when issuing [a] any weight certificate:

      (a) The kind of product weighed.

      (b) The name of the owner, agent or consignee of the product.

      (c) The name of the recipient of the product, if applicable.

      (d) [The total weight of the product.] The weight of the product and the vehicle or container broken down as follows:

             (1) The gross weight of the product and the vehicle or container thereof; or

             (2) The tare weight of the unladened vehicle or container; or

             (3) Both such gross and tare weight and the resultant true net weight of the product.

      (e) The number of units of the product, if applicable.

      (f) The date the certificate is issued.

      (g) The identification, including the identification number, if any, of the carrier transporting the product.


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

ê1971 Statutes of Nevada, Page 1403 (Chapter 620, SB 124)ê

 

      (h) Such other information as may be necessary to distinguish or identify the product from a like kind.

      3.  No certificate other than the one prescribed in this section shall be used by public weighmasters unless approved by the state sealer of weights and measures.

      [4.  Nothing in this section shall be construed to prohibit public weighmasters or their deputies from issuing weight certificates for:

      (a) Gross weight only.

      (b) Tare weight only.

      (c) Both gross and tare weights.]

 

________

 

 

CHAPTER 621, AB 782

Assembly Bill No. 782–Committee on Commerce

CHAPTER 621

AN ACT requiring licensure and regulation of certain land sales; enumerating duties of the real estate division of the department of commerce; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  Title 10 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 25, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in such sections.

      Sec. 3.  “Blanket encumbrance” means a deed of trust, mortgage, judgment, including an option or contract to sell or a trust agreement, affecting a subdivision or affecting more than one lot offered within a subdivision, except that such term does not include any lien or other encumbrance arising as the result of the imposition of any tax assessment by any public authority.

      Sec. 4.  “Broker” means a real estate broker licensed under the provisions of chapter 645 of NRS.

      Sec. 5.  “Developer” means the owner of subdivided land who offers it for sale or the principal agent of an inactive owner.

      Sec. 6.  “Division” means the real estate division of the department of commerce.

      Sec. 7.  “Offer” means every inducement, solicitation or attempt to bring about a sale.

      Sec. 8.  “Person” means an individual, firm, company, association, corporation, government or any subdivision thereof, business trust, estate, trust, partnership, unincorporated association or organization, joint ventures or any other legal or commercial entity.

      Sec. 9.  “Purchaser” means any person who acquires an interest in any portion of a subdivision.


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

ê1971 Statutes of Nevada, Page 1404 (Chapter 621, AB 782)ê

 

      Sec. 10.  “Registered representative” is any person who is employed or engaged by a developer to represent a company for compensation. Except as provided in paragraph (b) of subsection 1 of section 19 of this act, “registered representative” does not include a real estate salesman licensed in the State of Nevada.

      Sec. 11.  “Sale” means any sale, exchange, lease, assignment or other transaction designed to convey an interest in any portion of a subdivision when undertaken for profit.

      Sec. 12.  “Subdivision” means any land or tract of land in another state or in this state from which a sale is attempted, which is divided or proposed to be divided into 50 or more lots, parcels, units or interests, for the purpose of sale as part of a common promotional plan and where any subdivision is offered by a single developer, or a group of developers acting in concert, and such land is contiguous or is known, designated or advertised as a common unit or by a common name such land shall be presumed, without regard to the number of lots covered by each individual offering, to be part of a common promotional plan.

      Sec. 13.  1.  Unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, upon notification to the division by the person electing to be exempt under this subsection, this chapter shall not apply to the making of any offer or disposition of any subdivision or lot, parcel, unit or interest therein:

      (a) By a purchaser of any subdivision lot, parcel or unit thereof for his own account in a single or isolated transaction;

      (b) If each lot, parcel or unit being offered or disposed of in any subdivision is 5 acres or more in size;

      (c) To any person who is engaged in the business of the construction of residential, commercial or industrial buildings for disposition;

      (d) By any person licensed in the State of Nevada to construct residential buildings and where such land being offered or disposed of is to include a residential building when disposition is completed;

      (e) Pursuant to the order of any court of this state;

      (f) By any government or government agency;

      (g) To any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate;

      (h) To securities or units of interest issued by an investment trust regulated under the laws of this state; or

      (i) To cemetery lots.

      2.  Unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, this chapter shall not apply to the sale or lease of real estate which is free and clear of all liens, encumbrances and adverse claims if each and every purchaser or his or her spouse has personally inspected the lot which he purchased and if the developer executes a written affirmation to that effect to be made a matter of record in accordance with rules and regulations of the administrator of the division. As used in this subsection, the terms “liens,” “encumbrances” and “adverse claims” are not intended to refer to purchase money encumbrances nor property reservations which land developers commonly convey or dedicate to local bodies or public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property before they are due and payable.


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

ê1971 Statutes of Nevada, Page 1405 (Chapter 621, AB 782)ê

 

the terms “liens,” “encumbrances” and “adverse claims” are not intended to refer to purchase money encumbrances nor property reservations which land developers commonly convey or dedicate to local bodies or public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property before they are due and payable.

      3.  The division may from time to time, pursuant to rules and regulations issued by it, exempt from any of the provisions of this chapter any subdivision, if it finds that the enforcement of this chapter with respect to such subdivision or lots, parcels, units or interests is not necessary in the public interest and for the protection of purchasers by reason of the small amount involved or the limited character of the offering, or because such property has been registered and approved pursuant to the laws of any other state.

      4.  Any subdivision which has been registered under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, shall be exempt from all of the provisions of this chapter, except subsection 1 of section 19 and section 20 of this act, upon filing with the division:

      (a) A copy of an effective statement of record filed with the Secretary of Housing and Urban Development.

      (b) A filing fee of $100.

      Sec. 14.  Except as provided in section 13 of this act no subdivision or lot, parcel, unit or interest in any subdivision shall in any way be offered or sold in this state by any person or broker until:

      1.  He has appointed in writing the secretary of state to be his attorney, upon whom all process, in any action or proceeding against him, may be served, and in such writing such person or broker shall agree that any process against him which is served on the secretary of state shall be of the same legal force and validity as if served on such person or broker and that such appointment shall continue in force as long as any liability remains outstanding against such person or broker in this state. Such written appointment shall be acknowledged before some officer authorized to take acknowledgments of deeds and shall be filed in the office of the secretary of state, and copies certified by him shall be sufficient evidence of such appointment and agreement.

      2.  Such person or broker has received a license under section 17 of this act.

      Sec. 15.  Any person or broker proposing to offer or sell any subdivision or lot, parcel, unit or interest therein in this state shall first submit to the division:

      1.  The name and address of the owner.

      2.  The name and address of the subdivider.

      3.  The legal description and area of lands.

      4.  A true statement of the condition of the title to the land, particularly including all encumbrances thereon.

      5.  A true statement of the terms and conditions on which it is intended to dispose of the land, together with copies of any contracts intended to be used.


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

ê1971 Statutes of Nevada, Page 1406 (Chapter 621, AB 782)ê

 

      6.  A true statement of the provisions, if any, that have been made for public utilities in the proposed subdivision, including water, electricity, gas, telephone and sewerage facilities.

      7.  A true statement of the use or uses for which the proposed subdivision will be offered.

      8.  A true statement of the provisions, if any, limiting the use or occupancy of the parcels in the subdivision.

      9.  A true statement of the maximum depth of fill used, or proposed to be used on each lot, and a true statement on the soil conditions in the subdivision supported by engineering reports showing the soil has been, or will be, prepared in accordance with the recommendations of a registered civil engineer.

      10.  A true statement of the amount of indebtedness which is a lien upon the subdivision or any part thereof, and which was incurred to pay for the construction of any onsite or offsite improvement, or any community or recreational facility.

      11.  A true statement or reasonable estimate, if applicable, of the amount of any indebtedness which has been or is proposed to be incurred by an existing or proposed special district, entity, taxing area or assessment district, within the boundaries of which the subdivision, or any part thereof, is located, and which is to pay for the construction or installation of any improvement or to furnish community or recreational facilities to such subdivision, and which amounts are to be obtained by ad valorem tax or assessment, or by a special assessment or tax upon the subdivision, or any part thereof.

      12.  Such other information as the owner, his agent or subdivider may desire to present.

      13.  A completed license application in such form as the division may require.

      14.  A filing fee of $100.

      Sec. 16.  The division shall, prior to issuing any license under this chapter to any person or broker, fully investigate all information placed before it as may be required pursuant to section 15 of this act and, if in the judgment of the division it is necessary, shall inspect the property which is the subject of the application. All reasonable expenses incurred by the division in carrying out such investigation or inspection shall be paid by the applicant and no license shall be issued until such expenses have been fully paid.

      Sec. 17.  1.  The administrator of the division shall make an examination of any subdivision, and shall, unless there are grounds for denial, issue to the subdivider a public report authorizing the sale or lease, or the offer for sale or lease, in this state of the lots or parcels in the subdivision. The report shall contain the data obtained in accordance with section 15 of this act and which the administrator determines are necessary to implement the purposes of this chapter. The administrator may publish the report.

      2.  The grounds for denial are:

      (a) Failure to comply with any of the provisions in this chapter or the rules and regulations of the division pertaining thereto.


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

ê1971 Statutes of Nevada, Page 1407 (Chapter 621, AB 782)ê

 

      (b) The sale or lease would constitute misrepresentation to or deceit or fraud of the purchasers or lessees.

      (c) Inability to deliver title or other interest contracted for.

      (d) Inability to demonstrate that adequate financial arrangements have been made for all offsite improvements included in the offering.

      (e) Inability to demonstrate that adequate financial arrangements have been made for any community, recreational or other facilities included in the offering.

      (f) Failure to make a showing that the parcels can be used for the purpose for which they are offered.

      (g) Failure to provide in the contract or other writing the use or uses for which the parcels are offered, together with any covenants or conditions relative thereto.

      (h) Agreements or bylaws to provide for management or other services pertaining to common facilities in the offering, which fail to comply with the regulations of the division.

      (i) Failure to demonstrate that adequate financial arrangements have been made for any guaranty or warranty included in the offering.

      3.  If the administrator of the division finds that grounds for denial exist, he shall issue an order so stating to the owner or subdivider no later than 30 days after receipt of the information required to be filed by section 15 of this act.

      4.  If it appears to the administrator of the division that a statement of record, or any amendment thereto, is on its face incomplete or inaccurate in any material respect, the administrator shall so advise the developer within a reasonable time after the filing of the statement or the amendment, but prior to the date the statement or amendment would otherwise be effective. Such notification shall serve to suspend the effective date of the statement or the amendment until 30 days after the developer files such additional information as the administrator shall require. Any developer, upon receipt of such notice, may request a hearing, and such hearing shall be held within 20 days of receipt of such request by the administrator.

      Sec. 18.  No person, broker, salesman or registered representative shall in any manner refer to the division or to any member or employee thereof in offering or selling in this state any subdivision lot, parcel or unit in a subdivision nor make any representation whatsoever that such property has been inspected or approved or otherwise passed upon by the division or any official, department or employee of this state.

      Sec. 19.  1.  No subdivision of lot, parcel or unit in any subdivision shall be sold:

      (a) Until the division has approved a written plan or the methods proposed to be employed for the procurement of prospective customers, which plan or methods shall describe with particularity:

             (1) The form and content of advertising to be used;

             (2) The nature of the offer of gifts or other free benefits to be extended to prospective customers;

             (3) The nature of promotional group meetings; and

             (4) Such other reasonable details as may be required by the division.


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

ê1971 Statutes of Nevada, Page 1408 (Chapter 621, AB 782)ê

 

      (b) Except through a broker, and prior to any offering or disposition, pursuant to any license granted under this chapter, the name of such broker shall be placed on file with the division. A registered representative of the developer may be utilized in offering or selling subdivision property, but such real estate broker shall be responsible for the selling activities of the registered representative so utilized. The registered representative and the developer are both required to comply with the same standards of business ethics as are required of licensed real estate brokers and salesmen except where different standards are prescribed by the division pursuant to a plan or methods under paragraph (a) of this subsection. Each registered representative of the developer engaged in offering subdivision property for sale shall, under such regulations as the division may promulgate, register with the division and pay a nonreturnable fee of $25 with each application for registration. Such registered personnel shall be known as registered representatives of the licensee and may not use the term “licensed.” Real estate brokers and salesmen licensed in the State of Nevada may function as registered representatives without registering as such.

      2.  The information required to be provided by section 15 of this act shall be given to each purchaser by the broker or registered representative prior to the execution of any contract for the sale of any such property. The broker shall obtain from the purchaser a signed receipt for a copy of such information and, if a contract for disposition is entered into, the receipt shall be kept in the broker’s files for a period of 7 years and shall be subject to inspection by the division.

      3.  Any contract or agreement for the sale of any subdivision or any lot, parcel, unit or interest in any subdivision, not exempted under the provisions of section 13 of this act, where such information has not been given to the purchaser more than 3 days in advance of his signing such contract or agreement, may be revoked by the purchaser within 3 days after he signed or after receipt by him of such information, whichever is the later, and the contract or agreement shall so provide, except that the contract or agreement may stipulate that the foregoing revocation authority shall not apply in the case of a purchaser who:

      (a) Has received the information and inspected the subdivision in advance of signing the contract or agreement; and

      (b) Acknowledges by his signature that he has made such inspection and has read and understood the information.

      4.  Any such revocation shall be in writing in form prescribed by the division and shall be communicated to the broker within the time limited by this section and all moneys paid by the purchaser under such revoked contract or agreement shall be returned to him immediately by the broker, without any deductions.

      Sec. 20.  Any broker, real estate salesman, developer or registered representative violating any provision of this chapter shall, in addition to any other penalty imposed by this chapter, have his license or registration suspended or revoked by the division for such time as in the circumstances it considers justified.

      Sec. 21.  No officer or employee of the division or any association, firm or corporation with which an officer or employee is associated shall act as a broker of a subdivision, lot, parcel, unit or interest therein or offer or dispose of a subdivision, lot, parcel, unit or interest therein required to be approved pursuant to section 15 of this act.


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

ê1971 Statutes of Nevada, Page 1409 (Chapter 621, AB 782)ê

 

act as a broker of a subdivision, lot, parcel, unit or interest therein or offer or dispose of a subdivision, lot, parcel, unit or interest therein required to be approved pursuant to section 15 of this act.

      Sec. 22.  The owner, publisher, licensee or operator of any newspaper, magazine, television or radio broadcasting station or network of stations or the agents or employees of any such owner, publisher, licensee or operator of such a newspaper, magazine, station or network of stations shall not be liable under this chapter for any advertising of any subdivision, lot, parcel or unit in any subdivision carried in any such newspaper or magazine or by any such television or radio broadcasting station or network of stations nor shall any of them be liable under this chapter for the contents of any such advertisement.

      Sec. 23.  1.  Where any part of the statement of record, when such part became effective, contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein, any person acquiring a lot in the subdivision covered by such statement of record from the developer or his agent during such period the statement remained uncorrected (unless it is proved that at the time of such acquisition he knew of such untruth or omission) may sue the developer in any court of competent jurisdiction.

      2.  Any developer or agent, who sells or leases a lot in a subdivision:

      (a) In violation of this chapter; or

      (b) By means of a property report which contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein,

may be sued by the purchaser of such lot.

      3.  The suit authorized under subsection 1 or 2 may be to recover such damages as represent the difference between the amount paid for the lot and the reasonable cost of any improvements thereto, and the lesser of:

      (a) The value thereof as of the time such suit was brought; or

      (b) The price at which such lot has been disposed of in a bona fide market transaction before suit; or

      (c) The price at which such lot has been disposed of after suit in a bona fide market transaction but before judgment.

      4.  Every person who becomes liable to make any payment under this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.

      5.  In no case shall the amount recoverable under this section exceed the sum of the purchase price of the lot, the reasonable cost of improvements, reasonable court costs and reasonable attorney’s fees.

      Sec. 24.  It is unlawful for the owner or subdivider to sell lots or parcels within a subdivision subject to a blanket encumbrance unless one of the following conditions is complied with:

      1.  All sums paid or advanced by purchasers are placed in an escrow or other depository acceptable to the division until the fee title contracted for is delivered to such purchaser by deed together with complete release from all financial encumbrances; or


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

ê1971 Statutes of Nevada, Page 1410 (Chapter 621, AB 782)ê

 

      2.  The fee title to the subdivision is placed in trust under an agreement or trust acceptable to the division until a proper release from each blanket encumbrance, including all taxes, is obtained and title contracted for is delivered to such purchaser; or

      3.  Such blanket encumbrance contains provisions evidencing the subordination or release of the lien of the holder or holders of the blanket encumbrance to the rights of those persons purchasing from the subdivider, and further evidencing that the subdivider is able to secure releases from such blanket encumbrances with respect to the property upon full payment of the purchase price owned by such person.

      Sec. 25.  The division shall, not later than January 1, 1972, and may from time to time thereafter, promulgate such regulations as it deems necessary for the carrying out and enforcement of the provisions of this chapter.

      Sec. 26.  NRS 645.040 is hereby amended to read as follows:

      645.040  1.  Within the meaning of this chapter, a “real estate salesman” is any person who is employed or engaged by a licensed real estate broker to do or to deal in any act, acts or transactions set out or comprehended by the definition of a real estate broker in NRS 645.030, for a compensation or otherwise.

      2.  “Real estate salesman” does not include a registered representative as defined in section 10 of this act.

 

________

 

 

CHAPTER 622, AB 720

Assembly Bill No. 720–Messrs. Lowman, Hilbrecht, Swackhamer, McKissick and Bryan

CHAPTER 622

AN ACT creating the office of state public defender; providing for representation of indigent defendants; making an appropriation; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  Title 14 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  1.  The office of state public defender is hereby created.

      2.  The state public defender shall:

      (a) Be an attorney licensed to practice law in the State of Nevada.

      (b) Be in the unclassified service of the state.

      (c) Receive a salary of $20,000 per year.

      (d) No engage in the private practice of law.

      3.  No other officer or agency of the state may supervise the state public defender or assign him duties in addition to those prescribed by this chapter.

      Sec. 3.  1.  The governor shall appoint the state public defender for a term of 4 years, and until his successor is appointed and qualified, from among three nominees selected by the commission on state public defender selection.


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

ê1971 Statutes of Nevada, Page 1411 (Chapter 622, AB 720)ê

 

among three nominees selected by the commission on state public defender selection.

      2.  The commission on state public defender selection is composed of:

      (a) The chief justice of the supreme court or an associate justice designated by him.

      (b) Three members licensed to practice law in Nevada, no two of whom shall be residents of the same county, and not more than two of whom shall be members of the same political party. Such members shall be appointed by the board of governors of the State Bar of Nevada.

      (c) Three persons, not members of the legal profession, no two of whom shall be residents of the same county, and not more than two of whom shall be members of the same political party. Such members shall be appointed by the governor.

      3.  The term of office of each appointive member of the commission, except the first members, is 4 years.

      4.  The commission shall elect a chairman from among its members.

      Sec. 4.  1.  The state public defender may employ:

      (a) Deputy state public defenders, who shall be in the unclassified service of the state.

      (b) Clerical, investigative and other necessary staff, who shall be in the classified service of the state.

      2.  Each deputy state public defender shall be an attorney licensed to practice law in the State of Nevada, and shall not engage in the practice of criminal law, except in performing the duties of his office.

      3.  The state public defender and the employees of his office shall receive the traveling expenses and subsistence allowances provided by law.

      Sec. 5.  1.  The office of the state public defender shall be in Carson City, Nevada, and the buildings and grounds division of the department of administration shall provide necessary office space.

      2.  The state public defender may establish branch offices necessary to perform his duties. He shall designate a deputy state public defender to supervise each such office.

      Sec. 6.  1.  The state public defender may contract with attorneys licensed to practice law in the State of Nevada to provide services required by this chapter if it is impracticable for him or his deputies to provide such services for any reason.

      2.  All such contract services shall be performed under the supervision and control of the state public defender.

      Sec. 7.  1.  The state public defender shall, when designated by the appropriate magistrate or judge of the district court, represent, without charge, each indigent person who is under arrest and held for a crime which constitutes a felony or gross misdemeanor.

      2.  When representing an indigent person, the state public defender shall:

      (a) Counsel and defend him, if he is held in custody and charged with a public offense amounting to a felony or gross misdemeanor, at every stage of the proceedings, including revocation of probation or parole, following his designation by the appropriate magistrate or judge of the district court; and

      (b) Prosecute any appeals or other remedies before or after conviction that he considers to be in the interests of justice.


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

ê1971 Statutes of Nevada, Page 1412 (Chapter 622, AB 720)ê

 

      3.  In cases of post-conviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the supreme court, the state public defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the state public defender.

      Sec. 8.  Any attorney other than a public defender or deputy public defender who is appointed to represent an indigent shall report to the state public defender concerning his representation in a form prescribed by the state public defender.

      Sec. 9.  The state public defender shall submit a report annually to the governor containing a statement of the number of persons represented, the crimes involved, the status of each case, and the amount and categories of the expenditures made by his office.

      Sec. 10.  Except as provided in subsection 3 of section 7 of this act, the provisions of this chapter apply only to counties in which the office of public defender has not been created pursuant to the provisions of chapter 260 of NRS.

      Sec. 11.  The provisions of this chapter do not exclude any protection or sanction that the law otherwise provides.

      Sec. 12.  NRS 171.188 is hereby amended to read as follows:

      171.188  1.  Any defendant charged with a felony or a gross misdemeanor who is an indigent may, by oral statement to the district judge or magistrate, request the appointment of an attorney to represent him.

      2.  Such request shall be accompanied by the defendant’s affidavit, which shall state:

      (a) That he is without means of employing an attorney; and

      (b) Facts with some particularity, definiteness and certainty concerning his financial disability.

      3.  The district judge or magistrate shall forthwith consider the application and shall make such further inquiry as he may deem necessary. If the district judge or magistrate finds that the defendant is without means of employing an attorney, the judge or magistrate shall [appoint an attorney or] designate the public defender of the county or the state public defender, as appropriate, to represent him. If the appropriate public defender is unable to represent him, or other good cause appears, the court shall appoint another attorney.

      4.  The provision in this section for the appointment of an attorney by the magistrate sitting as a justice of the peace shall be limited to proceedings in the justice’s court.

      Sec. 13.  NRS 260.050 is hereby amended to read as follows:

      260.050  When representing an indigent person, the public defender shall:

      1.  Counsel and defend him, if he is held in custody and charged with a public offense amounting to a felony or gross misdemeanor, at every stage of the proceedings, including revocation of probation or parole, following his designation by the appropriate magistrate or judge of the district court; and

      2.  Prosecute, subject to the provisions of subsection 3 of section 8 of this act, any appeals or other remedies before or after conviction that he considers to be in the interests of justice.


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

ê1971 Statutes of Nevada, Page 1413 (Chapter 622, AB 720)ê

 

      Sec. 14.  1.  On the effective date of this act, the commission on state public defender selection shall be appointed immediately and shall nominate three persons for the office of state public defender as soon as practicable.

      2.  After the state public defender has been appointed and qualified, he shall organize his office and report to the governor when he is prepared to proceed with his duties. Upon approval of the governor he shall proceed to perform such duties.

      3.  The enactment of this act shall not affect the right of any defendant or other person to continue to be represented by counsel appointed prior to the assumption by the state public defender of his full duties, and counsel so appointed shall continue such representation until counsel’s duties for such defendant or other persons have been completed or he is otherwise discharged from performing such duties by his appointing authority.

      Sec. 15.  1.  There is hereby appropriated from the general fund in the state treasury to the office of the state public defender to carry out the purposes of this act:

      (a) For the fiscal year ending June 30, 1872, $40,000.

      (b) For the fiscal year ending June 30, 1973, $30,000.

      2.  Unencumbered balances of the appropriations herein made shall not be committed for expenditure after June 30, 1973.

      3.  The state public defender is authorized to make application for, receive and expend federal funds to carry out the purpose of this act. Any such funds so received shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

 

________

 

 

CHAPTER 623, SB 207

Senate Bill No. 207–Committee on Federal, State and Local Governments

CHAPTER 623

AN ACT relating to local government purchasing; providing additional exceptions to the competitive bidding requirements; requiring governing bodies of political subdivisions to invite the submission of plans or proposals for the purchase of insurance; and providing other matters properly relating thereto.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 332 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      If the chief administrative officer of the local government determines that supplies, materials or equipment can be purchased at any public auction, closeout sale, bankruptcy sale or other similar sale, and if a majority of the governing body at a regular or special meeting concurs in such determination and makes a finding that a purchase at any such auction or sale will be made at a cost below the market cost in the community, a contract or contracts may be let, or the purchase made, without complying with the competitive bidding requirements of this chapter.


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

ê1971 Statutes of Nevada, Page 1414 (Chapter 623, SB 207)ê

 

majority of the governing body at a regular or special meeting concurs in such determination and makes a finding that a purchase at any such auction or sale will be made at a cost below the market cost in the community, a contract or contracts may be let, or the purchase made, without complying with the competitive bidding requirements of this chapter.

      Sec. 2.  NRS 332.070 is hereby amended to read as follows:

      332.070  1.  If the chief administrative officer of the local government determines that an emergency exists affecting the public health, safety or welfare, and if a majority of the governing body at a regular or special meeting concurs in such determination, a contract or contracts necessary to contend with such emergency may be let without complying with the competitive bidding requirements of this chapter.

      2.  For the purposes of this section, an “emergency” is one which:

      (a) Results from the occurrence of a disaster such as, but not limited to, fire, flood, hurricane, riot, power outage or disease; or

      (b) May lead to impairment of the health or safety of the public if not immediately attended to.

      Sec. 3.  NRS 332.080 is hereby amended to read as follows:

      332.080  When a governing body or its authorized representative has advertised for or requested bids in letting a contract, the award shall be made to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder will be judged on the basis of price, performance to specifications, bidders’ qualifications, qualify and utility of services, supplies, materials or equipment offered and their adaptability to the required purpose, and the best interest of the public, each of such factors being considered.

      Sec. 4.  NRS 332.140 is hereby amended to read as follows:

      332.140  1.  Contracts which by their nature are not adapted to award by competitive bidding, such as contracts for items which may only be purchased from a single source, contracts for additions to and repairs and maintenance of equipment owned by the local government which may be more efficiently added to, repaired or maintained by a certain person, [and] contracts for equipment which, by reason of the training of the personnel of or an inventory of replacement parts maintained by the local government is compatible with the existing equipment owned by the local government, and contracts for any insurance, shall not be subject to the competitive bidding requirements of this chapter.

      2.  Except in cases of emergency, at least 60 days prior to the expiration date of any existing contract for insurance in which the local government is the insured or at least 60 days prior to the purchase of initial contracts for insurance the governing body shall cause to be given, by advertising or in another manner deemed adequate and desirable by the governing body, notice to all insurance agents doing business in the political subdivision or other entity inviting such agents to submit written plans or proposals for consideration by the governing body for the purchase of new or continuation contracts for insurance.

 

________


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

ê1971 Statutes of Nevada, Page 1415ê

 

CHAPTER 624, AB 826

Assembly Bill No. 826–Committee on Elections

CHAPTER 624

AN ACT to amend an act entitled “An Act relating to elections; providing that state senators and assemblymen shall receive their certificates of election from the governor; clarifying provisions relating to contests of election; and providing other matters properly relating thereto,” approved April 14, 1971.

 

[Approved April 28, 1971]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being Assembly Bill No. 792 of the 56th session of the Nevada legislature, is hereby amended by adding thereto two new sections, designated sections 6 and 7, following section 5, which shall read as follows:

      Section 6.  NRS 293.393 is hereby amended to read as follows:

      293.393  1.  On or before the 10th day after any general election, the board of county commissioners shall open the returns of votes cast and make abstracts of the votes.

      2.  Abstracts of votes shall be prepared in such manner as the secretary of state shall prescribe by regulation.

      3.  The county clerk shall make out a certificate of election to each of the persons having the highest number of votes for [members of the legislature if elected from a district comprising only that county or part thereof,] district, county and township offices.

      4.  Each such certificate shall be delivered to the person elected upon application at the office of the county clerk.

      Section 7.  NRS 293.395 is hereby amended to read as follows:

      293.395  1.  The board of county commissioners, after making the abstract of votes as provided in NRS 293.393, 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 forthwith transmit the same to the secretary of state.

      2.  On the 4th Wednesday of November after each general election, 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 the number of presidential electors to which this state may be entitled, United States Senator and Representative in Congress, members of the legislature, [elected from districts comprising more than one county,] district and state officers, and for and against any question submitted.

      3.  The governor shall issue certificates of election to and commission the persons having the highest number of votes and shall also issue proclamations declaring the election of such persons.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________


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

ê1971 Statutes of Nevada, Page 1416ê

 

CHAPTER 625, SB 144

Senate Bill No. 144–Committee on Finance

CHAPTER 625

AN ACT relating to salaries and compensation of state officers and employees; increasing the maximum annual salary limit for employees in the classified service and removing other salary limitations; providing for salary adjustments; fixing salaries of officers and employees in the office of the attorney general; establishing rate ranges of annual salaries of state officers and employees in the unclassified service and providing for progression through such rate ranges; and providing other matters properly relating thereto.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 284.175 is hereby amended to read as follows:

      284.175  1.  After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe rules and regulations for a pay plan for all employees in the classified service.

      2.  The pay plan and amendments thereto shall become effective only after approval by the commission and the governor.

      3.  The chief shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary funds are made available for such payment.

      4.  The chief shall prescribe rules and regulations that provide for progression through the rate ranges based on merit and fitness alone. Upon approval of the commission such rules and regulations shall become effective.

      5.  Except as otherwise provided in this subsection, no employee in the classified service may receive a salary exceeding [$20,000] $22,000 a year. Employees filling the following described positions in the classified service may receive annual salaries not to exceed the following specified amounts:

 

                                                                                                                Approximate

                  Positions                                                                                             Annual Salary

Chief, dental health services (Range A)......................         [$20,500]     $22,020

Chief, dental health services (Range B)......................            [22,000]       24,239

Chief, maternal and child health (Range A)...............            [22,000]       24,239

Chief, maternal and child health (Range B)...............            [23,000]       26,048

Chief, preventive medical services (Range A)............            [22,000]       24,239

Chief, preventive medical services (Range B)............            [23,000]       26,048

Senior physician (Range A)...........................................            [21,000]       22,554

Senior physician (Range B)...........................................            [22,500]       24,829

Senior psychiatrist (Range A)........................................            [24,000]       25,432

Senior psychiatrist (Range B)........................................            [26,000]       27,994

State health officer (Range A)......................................            [24,000]       27,329

State health officer (Range B)......................................            [26,000]       28,472


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

ê1971 Statutes of Nevada, Page 1417 (Chapter 625, SB 144)ê

 

                                                                                                                Approximate

                        Positions                                                                          Annual Salary

Supervisor, tuberculosis control (Range A).................         [$22,000]     $24,239

Supervisor, tuberculosis control (Range B).................            [23,000]       26,048

Welfare medical care officer.........................................            [21,000]       22,554

 

As used in this subsection a senior psychiatrist (Range B) is a psychiatrist certified or eligible for certification by the American Board of Psychiatry.

A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.

      6.  Except as otherwise provided in this subsection, no employee in the classified service may receive a salary in excess of 95 percent of the salary received by his immediate supervisor if his immediate supervisor is in the unclassified service. The provisions of this subsection shall not:

      (a) Be construed to effect a reduction of the salary of any employee in classified service on [July 1, 1967.] January 1, 1971.

      (b) Apply to physicians, surgeons and dentists in full-time employment with the state and to engineers employed by the state planning board. During regular legislative sessions salaries for the classified service of the state shall be set based upon the prevailing rates paid in government and industry for comparable jobs within the State of Nevada and western states, where appropriate.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The following state officers and employees in the unclassified service of the State of Nevada shall receive annual salaries not to exceed the approximate maximum amounts set forth following their specified titles:

 

                                                                                                                      Approximate

                                                                                                                     Annual Salary

1.  Central office:

Chief deputy attorney general................................................................ .................................................................................................. $19,546

Deputy attorneys general (6 in number each....................................... .................................................................................................... 15,799

Deputy, criminal division......................................................................... .................................................................................................... 16,175

Investigator................................................................................................. .................................................................................................... 13,106

Investigator, criminal division................................................................ .................................................................................................... 13,106

2.  Deputy attorneys general:

Chief assistant........................................................................................      $18,642

Chief counsel, board of regents, University of Nevada..................        18,642

Deputy, Las Vegas..................................................................................        18,642

Deputy, public service commission of Nevada.................................        17,360

Deputy, Nevada gaming commission.................................................        18,642

Deputy, office of director, department of health, welfare and rehabilitation      ................................................................................................ 16,175

Deputy, state department of conservation and natural resources................... ................................................................................................ 16,957

Deputy, department of commerce........................................................        16,175

Deputy, department of motor vehicles...............................................        16,175

Deputy, Nevada tax commission.........................................................        16,175


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

ê1971 Statutes of Nevada, Page 1418 (Chapter 625, SB 144)ê

 

                                                                                                                      Approximate

                                                                                                                     Annual Salary

Deputy, welfare division, department of health, welfare and rehabilitation .............................................................................................. $18,642

Deputy, welfare division, department of health, welfare and rehabilitation ................................................................................................ 17,360

Deputy, welfare division, department of health, welfare and rehabilitation (three positions)...............................................................................        16,175

3.  Department of highways:

Chief counsel..........................................................................................      $18,642

Assistant chief counsel..........................................................................        16,957

Deputies...................................................................................................        15,799

Legal research assistants.....................................................................        11,139

4.  Department of the military:

Adjutant general....................................................................................      $17,361

Administrative officer...........................................................................        11,139

5.  Colorado River commission of Nevada:

Administrator..........................................................................................      $20,019

Secretary..................................................................................................        16,175

6.  Commission on crimes, delinquency and corrections:

Director....................................................................................................      $16,559

Training coordinator............................................................................        13,414

7.  Department of administration:

Director....................................................................................................      $22,554

Budget division:

Deputy budget administrator.....................................................        16,559

Chief assistant budget administrator.......................................        14,723

Buildings and grounds division:

Superintendent of buildings and grounds..............................        14,723

Deputy superintendent of buildings and grounds.................        12,805

Chief assistant..............................................................................        12,805

Marlette Lake water system supervisor....................................           8,673

Purchasing division:

Chief...............................................................................................        16,559

8.  Department of civil defense and disaster assistance:

Director of civil defense and disaster assistance............................      $14,723

9.  Department of commerce:

Director....................................................................................................      $20,992

Banking division:

Superintendent of banks.............................................................        18,203

Insurance division:

Commissioner of insurance........................................................        18.203

Chief deputy commissioner of insurance.................................        15,072

Chief assistant, Las Vegas..........................................................        13,414

Real estate division:

Real estate administrator...........................................................        15,429

Chief investigator........................................................................        11,941

Chief assistant..............................................................................           9,715

Special investigator.....................................................................           9,715


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

ê1971 Statutes of Nevada, Page 1419 (Chapter 625, SB 144)ê

 

                                                                                                                      Approximate

                                                                                                                     Annual Salary

Savings and loan division:

Commissioner of savings associations.....................................      $18,203

10.  Department of economic development:

Director....................................................................................................      $14,723

Deputy director......................................................................................        10,640

Deputy, tourism......................................................................................        13,414

Deputy, industry.....................................................................................        13,414

11.  Department of health, welfare and rehabilitation:

Director....................................................................................................      $21,499

State comprehensive health planner..................................................        14,723

Alcoholism division:

Administrator................................................................................        12,805

Children’s home division:

Superintendent.............................................................................        16,176

Mental hygiene and mental retardation division:

Superintendent and medical director of the Nevada state hospital       ...................................................................................... 31,570

Medical director of the Southern Nevada comprehensive mental health center........................................................................................        28,672

Nevada girls training center division:

Superintendent.............................................................................        16,176

Nevada youth training center division:

Superintendent.............................................................................        16,176

12.  Department of highways:

State highway engineer........................................................................      $26,048

Deputy highway engineer....................................................................        22,554

Deputy highway engineer....................................................................        22,554

Business manager..................................................................................        21,499

13.  Department of motor vehicles:

Director....................................................................................................      $19,087

Deputy director......................................................................................        15,429

Highway safety coordinator................................................................        14,723

14.  Department of parole and probation:

Chief parole and probation officer....................................................      $16,559

15.  Local government employee-management relations board:

Secretary..................................................................................................        $8,297

16.  State youth coordinator.............................................................................      $13,414

Deputy state youth coordinator..........................................................           4,823

Assistant state youth coordinator.......................................................           4,823

17.  Department of state printing:

Superintendent.......................................................................................      $18,203

18.  Employment security department:

Executive director..................................................................................      $20,019

Chief assistant........................................................................................           7,755

19.  Governor’s mansion maintenance:

Extra help................................................................................................        $2,984

Cook.........................................................................................................           6,502


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

ê1971 Statutes of Nevada, Page 1420 (Chapter 625, SB 144)ê

 

                                                                                                                      Approximate

                                                                                                                     Annual Salary

20.  Governor’s office:

Executive assistant................................................................................      $19,546

Executive assistant................................................................................        19,546

Press secretary........................................................................................        15,072

Secretary to the governor.....................................................................           9,940

Administrative secretaries, each.........................................................           7,755

Special assistant, Las Vegas................................................................        14,723

21.  Indian affairs commission:

Executive director..................................................................................      $13,414

22.  Inspector of mines office:

Deputy inspector....................................................................................      $12,222

Chief assistant........................................................................................           7,755

23.  Labor commissioner’s office:

Labor commissioner..............................................................................      $15,428

Deputy labor commissioner, Las Vegas.............................................        10,400

Chief assistant........................................................................................           9,283

24.  Lost City museum:

Curator....................................................................................................        $9,715

Attendant.................................................................................................           6,097

25.  Nevada athletic commission:

Executive secretary................................................................................      $10,400

26.  Nevada commission on equal rights of citizens:

Secretary..................................................................................................      $13,414

Assistant secretary.................................................................................           9,283

27.  Nevada commissioner for veteran affairs:

Commissioner.........................................................................................      $12,805

Deputy commissioner, Las Vegas........................................................        11,668

28.  Nevada department of fish and game:

Director....................................................................................................      $17,361

Chief assistant, fish and game.............................................................        14,052

29.  Nevada education communications commission:

Administrator..........................................................................................      $16,176

30.  Nevada gaming commission:

Executive secretary................................................................................      $19,087

Assistant executive secretary...............................................................        14,723

Tax administrators.................................................................................        12,805

Confidential secretaries.......................................................................        10,167

Tax and license examiners...................................................................           9,495

Senior key punch operator...................................................................           7,420

Research accountant.............................................................................        16,956

Chief tax administrator........................................................................        13,414

Student.....................................................................................................           3,438

Research assistant.................................................................................           8,872

Program specialists...............................................................................           8,481

Administrative assistants......................................................................           8,481

Financial analyst...................................................................................        16,956

31.  Manpower planning council:

Chairman.................................................................................................      $17,361


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

ê1971 Statutes of Nevada, Page 1421 (Chapter 625, SB 144)ê

 

                                                                                                                      Approximate

                                                                                                                     Annual Salary

32.  State board of finance:

Secretary..................................................................................................      $14,723

33.  Nevada historical society:

Executive secretary................................................................................      $10,640

Assistant executive secretary...............................................................           8,297

Research librarian (part time).............................................................           3,645

34.  Nevada industrial commission:

Chairman.................................................................................................      $19,087

Commissioner representative of labor...............................................        17,361

Commissioner representative of employers......................................        17,361

35.  Nevada state museum:

Director....................................................................................................      $11,941

36.  Nevada state prison:

Warden.....................................................................................................      $18,203

Deputy warden.......................................................................................        15,428

37.  Nevada tax commission:

Secretary..................................................................................................      $19,546

Assistant secretary.................................................................................        17,779

38.  Office of economic opportunity:

Director....................................................................................................      $12,805

Deputy director......................................................................................        11,668

39.  Public employees’ retirement board:

Executive secretary................................................................................      $18,203

Assistant executive secretary...............................................................        13,414

Chief assistant........................................................................................        11,140

40.  Public service commission of Nevada:

Chairman.................................................................................................      $19,087

Commissioners (other than chairman) each.....................................        18,203

Administrative assistant.......................................................................        12,805

41.  Secretary of state’s office:

Deputy secretary of state......................................................................      $13,383

Deputy secretary of state (securities).................................................        13,383

Chief assistant........................................................................................           8,673

42.  State controller’s office:

Deputy state controller.........................................................................      $16,176

43.  State department of conservation and natural resources:

Director....................................................................................................      $20,992

Assistant director...................................................................................        17,779

Division of water resources:

State engineer...............................................................................        19,087

District supervisor, water commissioners (one-half time)....           7,584

Division of forestry:

State forester firewarden............................................................        15,428

Division of state parks:

Administrator of the Nevada state park system......................        16,557

44.  State department of education:

Superintendent of public instruction.................................................      $23,664


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ê1971 Statutes of Nevada, Page 1422 (Chapter 625, SB 144)ê

 

                                                                                                                      Approximate

                                                                                                                     Annual Salary

Deputy superintendent of public instruction...................................      $20,019

Associate superintendent of public instruction for administration                  ................................................................................................ 18,203

Western states small school coordinator..........................................        16,176

Vocational education advisory council:

Executive director........................................................................        17,337

45.  State gaming control board:

Chairman.................................................................................................      $20,019

Members (other than chairman) each................................................        19,546

Audit division:

Chief...............................................................................................        17,361

Deputy............................................................................................        14,723

Senior auditor...............................................................................        14,052

Auditors, each...............................................................................        13,414

Enforcement division:

Chief...............................................................................................        17,361

Deputy............................................................................................        14,723

Senior investigator......................................................................        14,052

Agents.............................................................................................        13,106

Investigative division:

Chief...............................................................................................        17,361

Deputy............................................................................................        14,723

Investigators..................................................................................        13,414

Office services:

Manager, Carson City.................................................................        15,429

Securities officer..........................................................................        20,019

Files supervisor............................................................................           9,283

Administrative secretaries..........................................................           8,481

Principal clerk, typist or stenographer....................................           7,755

Senior clerk, typist or stenographer.........................................           5,714

Statistical analyst........................................................................           8,112

Gaming control board:

Principal account clerk..............................................................           9,048

Senior legal stenographer..........................................................           9,078

Confidential secretary................................................................           9,283

Student (part time).......................................................................           3,438

46.  State planning board:

Manager..................................................................................................      $20,019

Deputy manager.....................................................................................        19,087

Chief assistant........................................................................................        10,167

47.  State treasurer’s office:

Deputy state treasurer...........................................................................      $13,414

Chief assistant........................................................................................           9,078

48.  Taxicab authority:

Taxicab administrator..........................................................................      $16,559

 

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 209.110 is hereby amended to read as follows:

      209.110  1.  The warden shall receive an annual salary in [the amount specified in NRS 281.115.]


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ê1971 Statutes of Nevada, Page 1423 (Chapter 625, SB 144)ê

 

specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      2.  The warden shall receive the per diem expenses and travel allowances as provided by law when engaged in the discharge of his official duties.

      3.  The warden shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 6.  NRS 209.120 is hereby amended to read as follows:

      209.120  1.  The warden shall appoint a deputy warden, who shall be in the unclassified service of the state and shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      2.  During any absence of the warden, the deputy warden of the state prison shall be acting warden thereof without increase in salary.

      3.  The deputy warden shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 7.  NRS 213.1094 is hereby amended to read as follows:

      213.1094  1.  The chief parole and probation officer shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      2.  Assistant parole and probation officers and employees of the board (except as provided in subsection 3 of NRS 284.140) shall be in the classified service of the state and shall receive such salaries as are fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.

      3.  The chief parole and probation officer, assistant parole and probation officers and employees of the board shall receive the per diem expense allowances and travel expenses as fixed by law.

      4.  The compensation, salaries and expenses of the chief parole and probation officer, assistant parole and probation officers and employees of the board shall be paid, upon certification by the secretary of the board, in the same manner as those of other state officers and employees.

      5.  The chief parole and probation officer shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 223.085 is hereby amended to read as follows:

      223.085  Employees in the governor’s office in the unclassified service of the state shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act. Such employees shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.

      Sec. 10.  NRS 225.060 is hereby amended to read as follows:

      225.060  1.  The secretary of state shall have the power under his hand and seal to appoint deputies, who may, during the absence of the secretary of state from the office, perform all the duties of a ministerial nature belonging to the office.

      2.  For his own security, the secretary of state may require each deputy to give him a bond in such sum and with such sureties as he may deem sufficient.


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

ê1971 Statutes of Nevada, Page 1424 (Chapter 625, SB 144)ê

 

deputy to give him a bond in such sum and with such sureties as he may deem sufficient.

      3.  Deputies and other employees in the unclassified service of the state shall receive [the annual salaries specified in NRS 281.115.] annual salaries in the amounts determined pursuant to the provisions of section 3 of this act.

      4.  Such deputies and other employees shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other office of profit.

      Sec. 11.  NRS 226.100 is hereby amended to read as follows:

      226.100  1.  The state treasurer is authorized to appoint and employ a deputy.

      2.  There is created in the office of the state treasurer the office of chief assistant, and the state treasurer is authorized to designate one of his employees as such chief assistant.

      3.  The deputy state treasurer and the chief assistant shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      4.  The deputy state treasurer and chief assistant shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.

      Sec. 12.  NRS 227.100 is hereby amended to read as follows:

      227.100  1.  The state controller is authorized to appoint a deputy, who shall have power, in the absence of the state controller, to do all acts devolving upon and necessary to be performed by the state controller, except the signing of state warrants and bonds.

      2.  The deputy state controller and other employees in the office of the state controller in the unclassified service of the state shall receive [the annual salaries specified in NRS 281.115.] annual salaries in the amounts determined pursuant to the provisions of section 3 of this act.

      3.  The deputy state controller and other employees shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.

      Sec. 13.  NRS 228.080 is hereby amended to read as follows:

      228.080  1.  The attorney general is authorized to appoint as many deputies as he may deem necessary to perform fully the duties of his office. All deputies so appointed shall have the power to perform all duties now required of the attorney general.

      2.  Before entering upon the discharge of his duties, each deputy so appointed shall take and subscribe to the constitutional oath of office, which shall be filed in the office of the secretary of state.

      3.  Deputy attorneys general shall receive annual salaries in the amounts specified in [NRS 281.115.] section 3 of this act, and, with the approval of the attorney general, may engage in the private practice of law.

      Sec. 14.  NRS 228.095 is hereby amended to read as follows:

      228.095  All employees other than clerical in the office of the attorney general required by law to be appointed by the attorney general and in the unclassified service of the state shall receive annual salaries in the amounts specified in [NRS 281.115.] section 3 of this act.

      Sec. 15.  NRS 231.080 is hereby amended to read as follows:

      231.080  1.  The director of the department shall be appointed by and be responsible to the governor.


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

ê1971 Statutes of Nevada, Page 1425 (Chapter 625, SB 144)ê

 

be responsible to the governor. The person appointed as director shall have had successful experience in the administration and promotion of a program comparable to that provided in this chapter. The director shall be in the unclassified service as provided by the provisions of chapter 284 of NRS.

      2.  The director shall receive:

      (a) An annual salary in the amount [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      (b) The per diem expense allowance and travel expenses as fixed by law.

      3.  He shall devote his entire time to the duties of his office, and he shall follow no other gainful employment or occupation.

      Sec. 16.  NRS 231.110 is hereby amended to read as follows:

      231.110  1.  Subject to the provisions of chapter 284 of NRS, the director shall appoint such professional, technical, clerical and operational staff as the execution of his duties and the operation of the department may require, the appointments to be made in accordance with the provisions of chapter 284 of NRS.

      2.  Employees of the department in the unclassified service of the state shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act, and each shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 17.  NRS 232.050 is hereby amended to read as follows:

      232.050  1.  The director shall be appointed by and be responsible to the governor and shall not be in the classified service of the state.

      2.  He shall receive:

      (a) An annual salary in the amount [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      (b) The per diem expense allowance and travel expenses as provided by law.

      3.  The director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 18.  NRS 232.060 is hereby amended to read as follows:

      232.060  1.  The director shall appoint, pursuant to chapter 284 of NRS, such technical, clerical and operational staff as the execution of his duties and the operation of the department may require.

      2.  Employees in the unclassified service of the state shall receive [the annual salaries specified in NRS 281.115.] annual salaries in the amounts determined pursuant to the provisions of section 3 of this act.

      Sec. 19.  NRS 232.080 is hereby amended to read as follows:

      232.080  1.  The attorney general shall be counsel and attorney for the department. The attorney general, with the advice and consent of the director, shall designate one of his deputies to be counsel and attorney for the department in all actions, proceedings and hearings. The deputy so designated shall:

      (a) Be legal advisor of the department in all matters relating to the department and to the powers and duties of its officers.


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

ê1971 Statutes of Nevada, Page 1426 (Chapter 625, SB 144)ê

 

      (b) Maintain his office in Carson City, Nevada, in an office provided by the department.

      (c) Be in the unclassified service of the state pursuant to subsection 5 of NRS 284.140.

      2.  The compensation of such deputy shall be in the amount specified in [NRS 281.115] section 3 of this act and shall be paid from funds provided for the support of the department.

      Sec. 20.  NRS 232.157 is hereby amended to read as follows:

      232.157  1.  The director shall appoint an assistant director whose first responsibility shall be to act as the secretary of the state committee on federal land laws as provided in NRS 232.152. In addition, he shall perform such other duties as may be designated by the director.

      2.  The assistant director shall:

      (a) Be in the unclassified service of the state notwithstanding the provisions of NRS 232.060 or 284.140 or any other law; and

      (b) Receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      (c) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 21.  NRS 232.180 is hereby amended to read as follows:

      232.180  The director shall:

      1.  Be appointed by, be responsible to, and serve at the pleasure of the governor.

      2.  Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      3.  Receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      4.  Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.

      5.  Not engage in any other gainful employment or occupation.

      6.  Have the qualifications required by NRS 353.175.

      7.  Be chief of the budget division.

      Sec. 22.  NRS 232.200 is hereby amended to read as follows:

      232.200  1.  The chief of each of the divisions of the department, except the budget division, shall:

      (a) Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case he shall be in the classified service of the state pursuant to the provisions of such chapter.

      (b) Receive an annual salary in [the amount specified in NRS 281.115,] an amount determined pursuant to the provisions of section 3 of this act, unless he is in the classified service of the state, in which case his salary shall, unless otherwise fixed by law, be fixed pursuant to the provisions of chapter 284 of NRS.

      (c) Administer the provisions of law relating to his division, subject to the administrative supervision of the director.

      2.  The director shall administer the provisions of law relating to the budget division.


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

ê1971 Statutes of Nevada, Page 1427 (Chapter 625, SB 144)ê

 

      3.  The chief of each of the divisions of the department shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 23.  NRS 232.210 is hereby amended to read as follows:

      232.210  The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise. Such employees in the unclassified service of the state shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act. Each deputy and chief assistant shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 24.  NRS 232.240 is hereby amended to read as follows:

      232.240  The director shall:

      1.  Be appointed by, be responsible to, and serve at the pleasure of the governor.

      2.  Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      3.  Receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      4.  Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.

      5.  Not engage in any other gainful employment or occupation.

      6.  Have had at least 5 years of responsible administrative experience in public or business administration or shall possess broad management skills in areas related to the functions of agencies composing the department.

      7.  Be selected with special reference to his training, experience and aptitude for coordinating agencies dealing with commercial activities such as insurance, banking, real estate and marketing of securities. His knowledge and abilities should include the following:

      (a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his administrative direction.

      (b) Administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields.

      (c) Ability to organize and present oral and written communication to the governor, the legislature and other pertinent officials or persons.

      Sec. 25.  NRS 232.270 is hereby amended to read as follows:

      232.270  The chief of each of the divisions of the department shall:

      1.  Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      2.  Receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      3.  Administer the provisions of law relating to his division, subject to the administrative supervision of the director.

      4.  Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit, except for temporary and part-time teaching duties on a university campus.


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

ê1971 Statutes of Nevada, Page 1428 (Chapter 625, SB 144)ê

 

office of profit, except for temporary and part-time teaching duties on a university campus.

      Sec. 26.  NRS 232.280 is hereby amended to read as follows:

      232.280  The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS. Such employees shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act. Each deputy and chief assistant shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 27.  NRS 232.310 is hereby amended to read as follows:

      232.310  The director shall:

      1.  Be appointed by, be responsible to, and serve at the pleasure of the governor.

      2.  Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      3.  Receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      4.  Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.

      5.  Not engage in any other gainful employment or occupation.

      6.  Have had broad, responsible experience in the field of administration or possess broad management skills or working knowledge of the field of social services administration.

      7.  Be selected with special reference to his training, experience and aptitude for coordinating related functions of public health, welfare and social service agencies. His knowledge and abilities should include the following.

      (a) A comprehensive knowledge of administrative principles, and a working knowledge of principles of public finance and the laws, rules and regulations pertaining to public agencies.

      (b) Administrative ability to assess the operating efficiency of component agencies and to delegate authority and duties to responsible division heads.

      (c) Ability to organize and clearly present oral and written findings and recommendations to the governor, the legislature and other officials and agencies.

      Sec. 28.  NRS 232.340 is hereby amended to read as follows:

      232.340  The chief of each division of the department shall:

      1.  Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case he shall be in the classified service of the state pursuant to the provisions of such chapter.

      2.  Receive an annual salary in [the amount specified in NRS 281.115,] an amount determined pursuant to the provisions of section 3 of this act, unless he is in the classified service of the state, in which case his salary shall, unless otherwise fixed by law, be fixed pursuant to the provisions of chapter 284 of NRS.


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

ê1971 Statutes of Nevada, Page 1429 (Chapter 625, SB 144)ê

 

      3.  Administer the provisions of law relating to his division, subject to the administrative supervision of the director.

      4.  Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 29.  NRS 232.350 is hereby amended to read as follows:

      232.350  The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise. Such employees in the unclassified service of the state shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      Sec. 30.  NRS 233.050 is hereby amended to read as follows:

      233.050  1.  The governor shall appoint a chairman of the commission and the members shall elect a secretary from the membership of the commission.

      2.  The commission shall meet at least twice a year on the call of the chairman at a place designated by the chairman or a majority of the commission.

      3.  Employees of the commission shall be in the unclassified service of the state and shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      4.  The secretary and assistant secretary of the commission shall each devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 31.  NRS 233A.055 is hereby amended to read as follows:

      233A.055  1.  The governor, upon recommendation of the commission, shall appoint an executive director of the commission who has had successful experience in the administration and promotion of a program comparable to that provided by this chapter.

      2.  The executive director of the commission shall be in the unclassified service of the state as provided in chapter 284 of NRS and shall receive [the annual salary provided in NRS 281.115] an annual salary in an amount determined pursuant to the provisions of section 3 of this act in addition to the per diem expense allowance and travel expenses fixed by NRS 281.160.

      3.  The executive director of the commission shall devote his entire time to the duties of his office and shall follow no other gainful employment or occupation.

      Sec. 32.  (Deleted by amendment.)

      Sec. 33.  (Deleted by amendment.)

      Sec. 34.  NRS 286.160 is hereby amended to read as follows:

      286.160  1.  The board shall employ an executive secretary, who shall hold his position in the discretion of the board.

      2.  The annual salary of the executive secretary shall be in [the amount specified in NRS 281.115,] an amount determined pursuant to the provisions of section 3 of this act, and he shall furnish such bond as may be required by the board.


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

ê1971 Statutes of Nevada, Page 1430 (Chapter 625, SB 144)ê

 

      3.  The executive secretary shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 35.  NRS 286.170 is hereby amended to read as follows:

      286.170  1.  Subject to the limitations of this chapter and the budget prescribed by the board, the system shall be administered by the executive secretary and by a staff authorized by the board and appointed by the executive secretary with the approval of the board.

      2.  The board shall:

      (a) Create such positions as it deems necessary for the sound and economical administration of the system.

      (b) Fix the salaries of all persons employed for purposes of administering the system in accordance with the pay plan of the state adopted pursuant to the provisions of chapter 284 of NRS, but the salary of the executive secretary and the assistant executive secretary shall be in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act. The assistant executive secretary shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      3.  The members of the staff shall hold their respective positions in the discretion of the board, but no member shall be removed in a manner contrary to the provisions of chapter 284 of NRS.

      Sec. 36.  NRS 331.060 is hereby amended to read as follows:

      331.060  1.  The superintendent is authorized and directed to employ such clerks, engineers, electricians, painters, mechanics, janitors, gardners, watchmen and such other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.150, inclusive.

      2.  The employees shall perform duties as assigned by the superintendent. Employees in the unclassified service of the state shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      3.  The superintendent shall be responsible for the fitness and good conduct of all such employees.

      4.  The deputy superintendent of buildings and grounds and the chief assistant each shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 37.  NRS 331.160 is hereby amended to read as follows:

      331.160  1.  The Marlette Lake water system, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.

      2.  The purposes of the Marlette Lake water system are:

      (a) To provide adequate supplies of water to the areas served.

      (b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.

      (c) To sell water under equitable and fiscally sound contractual arrangements.


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

ê1971 Statutes of Nevada, Page 1431 (Chapter 625, SB 144)ê

 

arrangements. Any such contractual arrangements shall not include the value of the land comprising the watershed as an element in determining the cost of water sold.

      3.  The department of administration is designated as the state agency to supervise and administer the functions of the Marlette Lake water system.

      4.  The director of the department of administration may:

      (a) Assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the departments or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive; or

      (b) Sell or lease the Marlette Lake water system, if and in such manner as provided by special law.

      5.  Subject to the limit of funds provided by legislative appropriation or expenditures authorized pursuant to the provisions of chapter 353 of NRS, or both, the chief of the division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive. The water system supervisor employed by the private owner of the system on the date of acquisition by the State of Nevada shall be employed by the chief of the division, which position shall be in the unclassified service of the state until such employee terminates his employment with the state. Such employee shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act. Thereafter such position shall be in the classified service of the state.

      Sec. 38.  NRS 341.100 is hereby amended to read as follows:

      341.100  1.  The board may appoint a manager and technical supervisor, and such other technical and clerical assistants as may be necessary to carry into effect the purposes of its acts.

      2.  The manager and technical supervisor of the board and his deputy shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      3.  The manager and technical supervisor, of the board, and his deputy, shall each [be either:] :

      (a) [A] Be a registered professional engineer pursuant to the provisions of chapter 625 of NRS; or

      (b) [An] Be an architect licensed under the provisions of chapter 623 of NRS [.] ; and

      (c) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any office of profit.

      Sec. 39.  NRS 344.025 is hereby amended to read as follows:

      344.025  1.  The superintendent shall receive an annual salary [fixed by the governor in an amount not to exceed that specified in NRS 281.115.] in an amount determined pursuant to the provisions of section 3 of this act.

      2.  Before entering into office, the superintendent shall execute a surety bond, payable to the state in the sum of $10,000, conditioned for the faithful performance of all duties which may be required of him by law.


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ê1971 Statutes of Nevada, Page 1432 (Chapter 625, SB 144)ê

 

      3.  The superintendent shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 40.  NRS 344.080 is hereby amended to read as follows:

      344.080  1.  The superintendent shall employ such compositors, machine operators, pressmen and assistants as the exigency of the work from time to time requires, and he may at any time discharge such employees. At no time shall be employ more compositors, machine operators, pressmen and assistants that the necessities of the department may require.

      2.  The compensation of such compositors, machine operators, pressmen and assistants shall be fixed by the personnel division of the department of administration, but at no time shall such employees receive a higher rate of wages than is recognized by the employing printers of the State of Nevada or than the nature of the employment may require.

      3.  [Except as otherwise provided in this subsection, all] All clerical employees and such other persons as are employed for work not directly related to the printing crafts shall be in the classified service of the state. [Until the superintendent is appointed pursuant to NRS 344.023 the chief assistant to the superintendent shall be in the unclassified service of the state and shall receive an annual salary in an amount not to exceed that specified in NRS 281.115. With the appointment of the superintendent, the] The chief assistant shall be in the classified service of the state and shall receive a salary fixed by the personnel division of the department of administration in an amount [not less than that specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      4.  On the first business day after the 1st and 15th days of each month the superintendent shall submit to the state board of examiners a statement of the salary or wages due each employee for the semi-monthly period immediately preceding. The state board of examiners shall then immediately consider the payroll, and after its approval by the board, or a majority thereof, the state controller shall draw his warrants on the state treasurer in payment of the salaries or wages in the same manner as other salaries are paid.

      Sec. 41.  NRS 360.120 is hereby amended to read as follows:

      360.120  1.  A chief clerk and statistician shall be employed by the Nevada tax commission. He shall be the secretary of the Nevada tax commission and shall be in charge of the office of the commission.

      2.  For his services, the secretary of the Nevada tax commission shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      3.  The secretary of the Nevada tax commission shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 42.  NRS 381.120 is hereby amended to read as follows:

      381.120  1.  The board of trustees may employ and fix the duties, powers and conditions of employment of the director and all curators, assistants, janitors, laborers, guards and employees of the Nevada state museum.


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ê1971 Statutes of Nevada, Page 1433 (Chapter 625, SB 144)ê

 

      2.  The trustees may employ any of their members in a staff or other position.

      3.  Except for the director and two assistants specified by the board of trustees, all employees of the Nevada state museum whose salaries are paid from the general fund appropriation shall be in the classified service of the state. The director shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act. The board of trustees may, within the limits of legislative appropriation, fix the annual salaries of the two assistants.

      4.  When any employee is required to perform any travel in conjunction with his duties and at the specific instruction of his supervisor, he shall be reimbursed for such expense in accordance with the provisions of NRS 281.160.

      5.  The director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 43.  NRS 381.280 is hereby amended to read as follows:

      381.280  1.  The curator and employees of the Lost City museum shall:

      [1.] (a) Be in the unclassified service of the state; and

      [2.] (b) Receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      2.  The curator shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 44.  NRS 382.020 is hereby amended to read as follows:

      382.020  1.  The office of executive secretary of the Nevada historical society is hereby created.

      2.  The executive secretary of the Nevada historical society shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      3.  The executive secretary shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 45.  NRS 382.022 is hereby amended to read as follows:

      382.022  1.  The board of trustees may hire and fix the duties, powers and conditions of employment of necessary technical and clerical personnel.

      2.  Employees of the Nevada historical society in the unclassified service of the state shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      Sec. 46.  NRS 385.170 is hereby amended to read as follows:

      385.170  The superintendent of public instruction shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act. The superintendent shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.


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ê1971 Statutes of Nevada, Page 1434 (Chapter 625, SB 144)ê

 

      Sec. 47.  NRS 385.320 is hereby amended to read as follows:

      385.320  1.  The deputy superintendent of public instruction and the associate superintendent of public instruction for administration shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act, and they shall receive subsistence and travel expenses as provided by law.

      2.  Funds to carry out the provisions of this section shall be provided by direct legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.

      3.  The deputy superintendent of public instruction and associate superintendent of public instruction each shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 48.  NRS 407.045 is hereby amended to read as follows:

      407.045  1.  The administrator shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      2.  The salary of the administrator may be apportioned and paid from any funds available to the system, unless otherwise provided by law.

      3.  The administrator shall receive the per diem expense allowance and travel expenses as provided by law.

      4.  The administrator shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 49.  NRS 407.055 is hereby amended to read as follows:

      407.055  1.  The administrator may designate an employee or employees of the system to act as his deputy or deputies. In case of the absence of the administrator, or his inability from any cause to dicharge the powers and duties of his office, such powers and duties shall devolve upon his deputy or deputies.

      2.  Deputies shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      3.  Each deputy shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 50.  NRS 408.140 is hereby amended to read as follows:

      408.140  1.  Subject to the approval of the board, the attorney general shall, immediately upon request by the board, appoint an attorney at law, who shall be the chief counsel of the department, and such assistant attorneys as are necessary. Attorneys so appointed by the attorney general shall be deputy attorneys general.

      2.  The chief counsel shall act as the attorney and legal adviser of the department in all actions, proceedings, hearings and all matters relating to the department and to the powers and duties of its officers.

      3.  Under the direction of or in the absence of the chief counsel, the assistant attorneys shall have full authority to perform any duty required or permitted by law to be performed by the chief counsel.

      4.  The chief counsel and assistant attorneys shall be in the unclassified service of the state notwithstanding any provisions of chapter 284 of NRS to the contrary.


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ê1971 Statutes of Nevada, Page 1435 (Chapter 625, SB 144)ê

 

NRS to the contrary. [The chief counsel shall receive an annual salary in the amount specified in NRS 281.115 to be paid from the state highway fund. Compensation for the services of assistant attorneys shall be set by the board and paid from the state highway fund.] The chief counsel and assistant attorneys shall receive annual salaries in the amounts specified in section 3 of this act, to be paid from the state highway fund.

      5.  All contracts, instruments and documents executed by the department shall be first approved and endorsed as to legality and form by the chief counsel.

      Sec. 51.  NRS 408.165 is hereby amended to read as follows:

      408.165  The engineer shall receive an annual salary in [the amount specified in NRS 281.115,] an amount determined pursuant to the provisions of section 3 of this act, which shall be payable out of the state highway fund.

      Sec. 52.  NRS 408.175 is hereby amended to read as follows:

      408.175  1.  Subject to the provisions of chapter 284 of NRS, the engineer shall:

      (a) Appoint two deputy highway engineers, who shall, be registered professional engineers, pursuant to the provisions of chapter 625 of NRS, and who shall, in the absence, inability or failure of the engineer, have full authority to perform any duty required or permitted by law to be performed by the engineer.

      (b) Employ a chief accountant, who shall be charged with the duty of handling the fiscal affairs and facilities of the department.

      (c) Appoint a highway business manager, who shall perform duties as designated pursuant to NRS 408.177.

      (d) Employ such engineers, engineering and technical assistants, clerks and other personnel as in his judgment may be necessary to the proper conduct of the department and to carry out the provisions of this chapter.

      2.  Such employees in the unclassified service of the state shall receive annual salaries in [the amounts specified in NRS 281.115.] amounts determined pursuant to the provisions of section 3 of this act.

      3.  The two deputy highway engineers and the highway business manager each shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 53.  NRS 412.046 is hereby amended to read as follows:

      412.046  1.  The adjutant general shall receive an annual salary [as provided in NRS 281.115.] in an amount determined pursuant to the provisions of section 3 of this act.

      2.  Before entering upon the duties of his office, the adjutant general shall give a bond to the people of the State of Nevada, with a corporate surety which is authorized to do business in this state, in the sum of $10,000, conditioned that he shall perform faithfully all the duties enjoined upon him by law. The premium for such bond shall be paid by the department.

      3.  The adjutant general shall be reimbursed for his actual and necessary traveling expenses as provided by NRS 281.160.

      4.  The adjutant general shall not hold any city, county, state or federal office of profit while serving as adjutant general.


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ê1971 Statutes of Nevada, Page 1436 (Chapter 625, SB 144)ê

 

      Sec. 54.  NRS 412.054 is hereby amended to read as follows:

      412.054  1.  The adjutant general may appoint two assistant adjutants general, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as chief of staff for army and chief of staff for air, respectively, at the pleasure of the adjutant general or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.

      2.  To be eligible for appointment to the office of assistant adjutant general, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 years’ service in the Nevada National Guard as a federally recognized officer, 3 years of which must be immediately prior to his appointment.

      3.  An assistant adjutant general may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of brigadier general. He may be promoted by the governor to any grade not exceeding that of brigadier general.

      4.  The assistant adjutants general shall perform such duties as may be assigned by the adjutant general.

      5.  Whoever serves as chief of staff for army shall receive an annual salary [as provided in NRS 281.115] in an amount determined pursuant to the provisions of section 3 of this act and shall not hold any other city, county, state or federal office of profit.

      6.  In the event of the absence or inability of the adjutant general to perform his duties, he shall designate by department regulations:

      (a) One of the assistant adjutants general to perform the duties of his office as acting adjutant general.

      (b) If neither assistant adjutant general is available, any national guard officer to be the acting adjutant general.

The designated assistant adjutant general or designated officer shall continue to receive his authorized salary while so serving as acting adjutant general, and shall so serve until the adjutant general is again able to perform the duties of his office, or if such office is vacant, until an adjutant general is regularly appointed and qualified. While so serving, he shall give to the state a fidelity bond in the same sum as is required from the adjutant general.

      Sec. 55.  NRS 414.040 is hereby amended to read as follows:

      414.040  1.  There is hereby created within the executive branch of the state government a department of civil defense and disaster assistance called the “civil defense and disaster agency,” and a director of civil defense and disaster assistance, called the “director,” who shall be the head thereof. The director shall be appointed by and hold office at the pleasure of the governor. The director shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      2.  The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other funds made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this chapter.


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ê1971 Statutes of Nevada, Page 1437 (Chapter 625, SB 144)ê

 

      3.  The director, subject to the direction and control of the governor, shall be the executive head of the civil defense and disaster agency and shall be responsible to the governor for carrying out the program for civil defense of this state. He shall coordinate the activities of all organizations for civil defense within the state, and shall maintain liaison with and cooperate with civil defense agencies and organizations of other states and of the Federal Government, and shall have such additional authority, duties, and responsibilities authorized by this chapter as may be prescribed by the governor.

      4.  The director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 56.  NRS 417.060 is hereby amended to read as follows:

      417.060  The commissioner and deputy commissioner shall each receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act, and shall each devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 57.  NRS 422.275 is hereby amended to read as follows:

      422.275  1.  The attorney general and his duly appointed assistants and deputies shall be legal advisers for the welfare division.

      2.  In order to compensate the office of the attorney general for services rendered, the welfare division shall, on or before the 1st day of each month, authorize the state controller to draw his warrant in favor of the state treasurer in an amount budgeted for that purpose, such sum of money to be taken from the state welfare fund. The state treasurer shall place such sum of money in the salary fund of the office of the attorney general to be used to pay partially for the services of the office of the attorney general. The deputy attorney general assigned as the legal adviser for the welfare division shall receive an annual salary in the amount specified in [NRS 281.115.] section 3 of this act.

      3.  The mileage and living expenses away from the office of the attorney general at the regular statutory state rate, together with telephone and telegraph charges incurred by the office of the attorney general on behalf of the welfare division, shall be charged directly against the state welfare fund.

      Sec. 58.  NRS 423.090 is hereby amended to read as follows:

      423.090  1.  Subject to the provisions of chapter 284 of NRS, the superintendent shall employ all persons necessary to conduct the affairs of the Nevada state children’s home.

      2.  Employees in the unclassified service of the state shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      3.  The superintendent shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 59.  NRS 433.100 is hereby amended to read as follows:

      433.100  1.  The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation, but he may attend seminars, act as a consultant and give


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ê1971 Statutes of Nevada, Page 1438 (Chapter 625, SB 144)ê

 

lectures relating to his profession and accept appropriate stipends for such seminars, consultations and lectures.

      2.  He shall reside at the residence provided for in NRS 433.105.

      3.  Except as otherwise provided by law, his only compensation shall be an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      4.  The superintendent shall receive the per diem expense allowance and travel expenses as fixed by law.

      Sec. 60.  NRS 433.1223 is hereby amended to read as follows:

      433.1223  The director is the medical and clinical head of the mental health center and:

      1.  Shall be a physician licensed to practice medicine as provided by law.

      2.  Shall be compensated by an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act, and shall receive the per diem expense allowance and travel expenses fixed by law.

      3.  Shall cause to be kept a fair and full account of all medical affairs.

      4.  Shall have standard medical histories currently maintained on all patients, and administer or have administered the accepted and appropriate treatments to all patients under his care.

      5.  Shall undertake any diagnostic, medical or surgical procedure in the interest of the patient, and give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent. The decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two physicians and surgeons licensed to practice in this state.

      6.  May be a physician in private practice under contract to the division.

      Sec. 61.  Section 7 of Senate Bill No. 91 of the 56th session of the Nevada legislature, entitled “An Act relating to the enforcement and administration of state gaming laws and regulations; amending the Nevada Gaming Control Act by changing the organizational structure and operational procedures of the state gaming control board and the Nevada gaming commission; defining certain words and terms; changing the same and broadening the membership of the gaming policy board; providing qualifications and compensation of members of the state gaming control board; requiring the establishment of an employment plan for employees of the state gaming control board and providing other details concerning board employees; exempting Nevada gaming commission members and members of the state gaming control board from the provisions of chapter 284 of NRS (State Personnel System); and providing other matters properly relating thereto,” is hereby amended to read as follows:

      Section 7.  1.  The position of executive secretary of the state gaming control board is hereby created.

      2.  The executive secretary shall:

      (a) Be appointed by the board with the approval of the commission, and may be removed by the board with the concurrence of the commission.

      (b) Have had at least 5 years of responsible administrative experience in public or business administration or shall possess broad management skills.


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ê1971 Statutes of Nevada, Page 1439 (Chapter 625, SB 144)ê

 

in public or business administration or shall possess broad management skills.

      (c) Receive an annual salary in the amount specified by the commission within the limits of legislative appropriations or authorizations.

      (d) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 62.  (Deleted by amendment.)

      Sec. 63.  (Deleted by amendment.)

      Sec. 64.  NRS 463.090 is hereby amended to read as follows:

      463.090  1.  The attorney general and his duly appointed assistants and deputies shall be the legal advisers for the commission and the board and shall represent the commission and the board in any proceeding to which either is a party.

      2.  The deputy attorney general assigned as the legal adviser for the commission and the board shall receive an annual salary in the amount specified in [NRS 281.115.] section 3 of this act.

      Sec. 65.  NRS 467.055 is hereby amended to read as follows:

      467.055  1.  Members of the commission, when authorized by the chairman, shall receive as compensation $25 for each full-day commission meeting.

      2.  The executive secretary of the commission shall be in the unclassified service of the state and shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act, and he shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      3.  Each inspector for the commission shall receive for the performance of his duties a fee approved by the commission.

      Sec. 66.  NRS 472.025 is hereby amended to read as follows:

      472.025  The state forester firewarden shall:

      1.  Be in the unclassified service of the state.

      2.  Receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      3.  Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 67.  NRS 481.035 is hereby amended to read as follows:

      481.035  1.  The director shall: [be appointed by the governor. The director shall be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration. He shall hold office for a term of 4 years from and after his appointment or until his successor shall have been appointed. He shall not be in the classified service of the state.]

      (a) Be appointed by the governor. He shall be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration.

      (b) Hold office for a term of 4 years from and after his appointment or until his successor is appointed.

      (c) Be in the unclassified service of the state and shall receive an annual salary in an amount determined pursuant to the provisions of section 3 of this act.


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ê1971 Statutes of Nevada, Page 1440 (Chapter 625, SB 144)ê

 

salary in an amount determined pursuant to the provisions of section 3 of this act.

      (d) Receive the per diem and expense allowance and travel expenses as provided by law.

      (e) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      2.  There is hereby created in the department of motor vehicles the office of deputy director, which office shall be in the unclassified service of the state. The deputy director shall: [be]

      (a) Be appointed by the director, and shall be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration. [He shall receive]

      (b) Receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act, and the per diem expense allowance and travel expenses as provided by law.

      (c) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 68.  NRS 501.333 is hereby amended to read as follows:

      501.333  1.  The commission shall appoint a director of the department, who shall be its chief administrative officer. He is entitled to receive an annual salary [as provided in NRS 281.115.] in an amount determined pursuant to the provisions of section 3 of this act.

      2.  The director shall be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      3.  The director shall:

      (a) Be a graduate from a recognized school in the field of fish and game, resources management or a closely related field.

      (b) Possess at least 5 years’ experience in the field of resources management.

      Sec. 69.  NRS 532.060 is hereby amended to read as follows:

      532.060  The state engineer shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act, and shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 70.  NRS 533.270 is hereby amended to read as follows:

      533.270  1.  There shall be appointed by the state engineer, subject to confirmation by any court having jurisdiction, one or more commissioners for any stream system or water district subject to regulation and control by the state engineer.

      2.  The duties and salaries of such water commissioners shall be fixed by the state engineer and the salaries shall be paid by the State of Nevada out of the water distribution funds provided for in NRS 533.290. The district supervisor of water commissioners shall receive an annual salary, one-half of which shall be in [the amount specified in NRS 281.115] an amount determined pursuant to the provisions of section 3 of this act and provided by direct legislative appropriation, the other half to be paid from the water distribution funds.


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ê1971 Statutes of Nevada, Page 1441 (Chapter 625, SB 144)ê

 

provided by direct legislative appropriation, the other half to be paid from the water distribution funds.

      3.  The water commissioners appointed under the provisions of this section shall be exempt from the provisions of chapter 284 of NRS.

      Sec. 71.  NRS 538.110 is hereby amended to read as follows:

      538.110  At the first meeting of the commission in each calendar year, the commission shall select officers for the ensuing calendar year consisting of a chairman, vice chairman and secretary. The secretary may not be a member of the commission. The secretary shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act, and shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 72.  NRS 607.030 is hereby amended to read as follows:

      607.030  1.  The labor commissioner shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      2.  The labor commissioner shall be allowed the per diem expense allowance and travel expenses as provided by law.

      3.  The labor commissioner shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 73.  NRS 607.050 is hereby amended to read as follows:

      607.050  1.  The labor commissioner is authorized and directed to employ a deputy, who shall be in the unclassified service of the state and receive an annual salary [specified in NRS 281.115.] in an amount determined pursuant to the provisions of section 3 of this act.

      2.  When travel is necessary in the performance of his official duties, the deputy shall be entitled to receive from the state, in addition to his salary, the same mileage and expenses as are provided by law for state officers and employees.

      3.  If admitted to the practice of law in the State of Nevada, the deputy shall have all the powers and authority of the district attorneys of the several counties in this state in the prosecution of all claims and actions originating with the labor commissioner by appropriate action in the courts of this state, when the labor commissioner is charged with the enforcement of such law or laws.

      4.  The deputy shall act under the direction of the labor commissioner, and in the performance of his duties he shall be responsible to the labor commissioner.

      5.  The deputy labor commissioner shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 74.  NRS 612.215 is hereby amended to read as follows:

      612.215  1.  The employment security department shall be administered by a full-time salaried executive director, who shall be appointed by the governor and whose term of office shall be at the pleasure of the governor.

      2.  The executive director of the employment security department shall receive an annual salary in [the amount specified in NRS 281.115.]


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ê1971 Statutes of Nevada, Page 1442 (Chapter 625, SB 144)ê

 

receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      3.  The executive director shall have full administrative authority with respect to the operation and functions of the unemployment compensation service and the state employment service.

      4.  The executive director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 75.  NRS 616.130 is hereby amended to read as follows:

      616.130  1.  One of the commissioners shall be representative of labor and shall be selected by the governor for appointment from the individuals whose names are submitted to him, one by the Nevada State Federation of Labor affiliated with the American Federation of Labor, and one by the Congress of Industrial Organizations for the State of Nevada.

      2.  The annual salary of the commissioner representative of labor shall be in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      3.  The present commissioner whose term expires on September 3, 1955, is hereby determined to be the representative of labor. The successor of the commissioner representative of labor shall be deemed to represent labor.

      Sec. 76.  NRS 616.135 is hereby amended to read as follows:

      616.135  1.  One of the commissioners shall be representative of employers and shall be selected by the governor for appointment from the individuals whose names are submitted to him by recognized associations and employer groups located in the state.

      2.  The annual salary of the commissioner representative of employers shall be in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      3.  The present commissioner whose term expires on June 23, 1955, is hereby determined to be the representative of employers. The successor of the commissioner representative of employers shall be deemed to reprepresent employers.

      Sec. 77.  NRS 616.140 is hereby amended to read as follows:

      616.140  1.  The third commissioner selected by the governor shall be the chairman. The appointee shall have not less than 5 years’ actuarial experience and shall have a degree of master of business administration or experience deemed equivalent to that degree.

      2.  The annual salary of the chairman shall be in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      Sec. 78.  NRS 645.130 is hereby amended to read as follows:

      645.130  1.  The real estate division may employ, without regard to the provisions of chapter 284 of NRS, legal counsel, investigators and other professional consultants, and, pursuant to the provisions of chapter 284 of NRS, may employ such other employees as are necessary to the discharge of its duties. Employees in the unclassified service of the state shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.


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ê1971 Statutes of Nevada, Page 1443 (Chapter 625, SB 144)ê

 

      2.  No employee of the real estate division shall be interested in any real estate or brokerage firm, nor shall any employee act as a broker or salesman or agent therefor.

      Sec. 79.  (Deleted by amendment.)

      Sec. 80.  NRS 673.0351 is hereby amended to read as follows:

      673.0351  The commissioner shall:

      1.  Have had experience in the savings and loan field.

      2.  Receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      3.  Receive the per diem expense allowance and travel expenses as provided in NRS 281.160, including but not limited to expense allowance and travel expenses for attendance at conferences and meetings of the Federal Home Loan Bank, Federal Home Loan Bank Board, Federal Savings and Loan Insurance Corporation and National Association of Savings and Loan Supervisors.

      4.  Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 81.  NRS 673.0353 is hereby amended to read as follows:

      673.0353  The commissioner shall have such technical and clerical assistance as the execution of his duties requires. Such employees in the unclassified service of the state shall receive annual salaries in [the amounts specified in NRS 281.115.] amounts determined pursuant to the provisions of section 3 of this act.

      Sec. 82.  NRS 680.080 is hereby amended to read as follows:

      680.080  1.  The commissioner may designate an employee of the insurance division as his chief deputy, who shall not be in the classified service of the state. The chief deputy shall receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      2.  In case of the absence of the commissioner or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his chief deputy.

      Sec. 83.  NRS 680.090 is hereby amended to read as follows:

      680.090  1.  The commissioner shall have such technical and clerical assistance as the execution of his duties requires. Such employees in the unclassified service of the state shall receive annual salaries in the amounts [specified in NRS 281.115.] determined pursuant to the provisions of section 3 of this act.

      2.  Surety bonds may be executed for such insurance division employees and in such amounts as may be prescribed by the commissioner.

      3.  The commissioner shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 84.  NRS 703.080 is hereby amended to read as follows:

      703.080  The chairman and the other commissioners shall each receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act.

      Sec. 85.  NRS 703.130 is hereby amended to read as follows:


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ê1971 Statutes of Nevada, Page 1444 (Chapter 625, SB 144)ê

 

      703.130  1.  The commission shall appoint a secretary who shall perform such administrative and other duties as are prescribed by the commission. The commission shall also appoint an assistant secretary.

      2.  The commission may employ such other clerks, experts or engineers as may be necessary. Employees in the unclassified service of the state shall receive [the annual salaries specified in NRS 281.115.] annual salaries in amounts determined pursuant to the provisions of section 3 of this act.

      3.  The compensation of the secretary and other employees shall be fixed in accordance with the provisions of chapter 284 of NRS.

      Sec. 86.  NRS 706.882 is hereby amended to read as follows:

      706.882  For each county to which NRS 706.881 to 706.885, inclusive, apply, the governor shall, until December 31, 1973, appoint a taxicab administrator. On and after January 1, 1974, the governor shall appoint the taxicab administrator from a list of three names submitted to him by the taxicab authority, who shall serve at the pleasure of the governor. The administrator shall be in the unclassified service of the State of Nevada and is entitled to receive an annual salary in [the amount specified in NRS 281.115.] an amount determined pursuant to the provisions of section 3 of this act. The taxicab authority may remove the administrator for good cause shown. The taxicab administrator shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 87.  NRS 281.115 and 481.039 are hereby repealed.

      Sec. 88.  Section 4 of chapter 116, Statutes of Nevada 1971, entitled “AN ACT relating to state officers and employees; specifying qualifications for the manager and technical supervisor of the state planning board and his deputy and the state highway engineer and his deputies; and providing other matters properly relating thereto,” approved March 30, 1971, is hereby amended to read as follows:

      Section 4.  This act shall become effective [upon passage and approval.] 1 minute after the time when Senate Bill No. 144 of the 56th session of the Nevada legislature becomes effective.

      Sec. 89.  1.  This act shall become effective upon passage and approval and, except as otherwise provided in subsections 2, 3 and 4, shall be operative retroactively from January 1, 1971.

      2.  Section 61 of this act shall become effective at 12:01 a.m. on July 1, 1971.

      3.  Section 86 of this act shall become effective on passage and approval.

      4.  The provisions of this act requiring certain state officers and employees to devote their entire time and attention to the business of their offices shall be effective upon passage and approval of this act.

      5.  For the purpose of establishing salaries in the classified service for employees in the applications systems department transferred by law from the central data processing division of the department of administration to the applications systems department, the annual salary of the chief of the central data processing division of the department of administration formerly in the unclassified service shall be increased retroactively from January 1, 1971, notwithstanding that by such transfer of personnel pursuant to law the position of chief of the central data processing division of the department of administration is reentitled administrator of the applications systems department and is in the classified service of the state.


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ê1971 Statutes of Nevada, Page 1445 (Chapter 625, SB 144)ê

 

formerly in the unclassified service shall be increased retroactively from January 1, 1971, notwithstanding that by such transfer of personnel pursuant to law the position of chief of the central data processing division of the department of administration is reentitled administrator of the applications systems department and is in the classified service of the state.

 

________

 

 

CHAPTER 626, SB 168

Senate Bill No. 168–Senator Swobe

CHAPTER 626

AN ACT relating to forest practice; regulating the logging or cutting operations on any timberland and the conversion of any such land to other uses; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 528 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.

      Sec. 2.  1.  Prior to any logging or cutting operation, any timber owner or his agent shall secure a logging permit from the state forester firewarden.

      2.  Application for such permit shall be made to the nearest office of the division of forestry of the state department of conservation and natural resources.

      Sec. 3.  An application for a logging permit shall be accompanied by:

      1.  A logging plan including, but not limited to, the following information:

      (a) An accurate topographical map showing exterior boundaries of the areas to be logged and the roads, structures and landings, existing and proposed.

      (b) The volume of timber to be removed.

      (c) The time required for removal of such volume.

      (d) The specification as to the percentage of merchantable volume to be removed and the composition of any residual stand.

      (e) The revegetation plan, if applicable.

      (f) The slash-disposal and cleanup plans.

      (g) The road construction specifications and erosion measures.

      (h) An outline of the fire prevention and protection plans and procedures.

      (i) A description of tools and equipment suitable and available for firefighting, and the number of men normally available for firefighting.

      2.  A performance bond in an amount set by the state forester firewarden and based upon the contract price or value of the timber to be cut, which shall be conditioned upon compliance with all provisions of the logging permit, and shall be approved as to form and sufficiency by the state forester firewarden.


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ê1971 Statutes of Nevada, Page 1446 (Chapter 626, SB 168)ê

 

      Sec. 4.  1.  Within 45 days after the receipt of an application for a logging permit, the state forester firewarden shall either:

      (a) Issue an original logging permit subject to such conditions or recommendations as he may deem necessary; or

      (b) Deny such permit for any of the following reasons:

             (1) The applicant is not the real party in interest.

             (2) Material misrepresentation or false statement in the application.

             (3) Failure to comply with the forest practices rules or regulations.

             (4) The logging operation as planned will cause significant soil erosion and siltation.

             (5) Failure to correct a violation of a previously issued permit within a period of 3 years prior to the current application.

             (6) Inadequate performance bond.

      2.  Within 10 days after the receipt of any denial, an applicant may request a hearing with the state forester firewarden.

      3.  Upon any final denial, any performance bond shall be returned to the applicant.

      Sec. 5.  Any original logging permit shall be for the period of January 1 through December 31 of the year of issuance, or for any remaining portion of such period. Such permit may be renewed upon request of the applicant, and any acceptable alternate logging plan may be submitted for consideration.

      Sec. 6.  Upon application, the state forester firewarden may reduce any performance bond required under section 3 of this act in an amount proportionately equal to the number of acres adequately seeded or reforested out of the total acres covered by the logging permit.

      Sec. 7.  Any logging permit may be suspended or revoked for any of the following reasons:

      1.  Failure to comply with:

      (a) The forest practice rules or regulations;

      (b) The conditions of the permit;

      (c) The original logging plan; or

      (d) Any accepted alternate logging plan.

      2.  Refusal to allow any inspection by the state forester firewarden or his agent.

      3.  Inadequate performance bond.

      Sec. 8.  No felling of trees, skidding, rigging or construction of tractor or truck roads or landings, or the operation of vehicles, shall take place within 200 feet, measured on the slope, of the high water mark of any lake, reservoir, stream or other body of water, except:

      1.  For the approved removal of infected or hazardous trees; or

      2.  For purposes approved by the state forester firewarden, the Nevada department of fish and game and the state engineer.

      Sec. 9.  1.  Every timber owner or operator, upon completion of his logging or cutting operation, shall sow suitable grass seed on skid trails, skid roads, unmaintained tractor and truck roads and landings to help maintain the productive condition of the cutover timberlands. Drill seeding shall be done where feasible.

      2.  The seed shall:


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ê1971 Statutes of Nevada, Page 1447 (Chapter 626, SB 168)ê

 

      (a) Be approved by the state forester firewarden;

      (b) Not be sown during windy weather or when the ground is frozen or under any other unsuitable conditions; and

      (c) Be spread evenly at not less than 12 pounds per acre in the spring when moisture conditions are favorable.

      Sec. 10.  1.  Any person, firm, partnership, association or corporation owning timberland which is to be devoted to any use other than the growing of timber shall file an application for a timberland conversion certificate with the state forester firewarden.

      2.  Such application shall be on a form prescribed by the state forester firewarden and shall include the following information:

      (a) The name of the timberland owner of record, and his address.

      (b) The legal description of the land to be converted.

      (c) The approximate number of acres to be converted.

      Sec. 11.  An application for a timberland conversion certificate shall be accompanied by the following:

      1.  A conversion plan on a form prescribed by the state forester firewarden, which shall set forth in detail information pertaining to:

      (a) The present and future use of such land;

      (b) The soil and topography of such land;

      (c) The conversion techniques;

      (d) The conversion time schedule; and

      (e) Such other information as the state forester firewarden may require.

      2.  An affidavit on a form prescribed by the state forester firewarden, which shall include:

      (a) The name of the applicant;

      (b) The nature of the use to which such land is to be devoted;

      (c) The dates when such conversion is to commence and be completed; and

      (d) The signature of the applicant.

      3.  A performance bond of not less than an amount equal to $75 for each acre of the land to be converted, which shall be conditioned on compliance with the provisions of the timberland conversion certificate, and shall insure the cost of any needed stabilization, revegetation or rehabilitation work. Such performance bond shall be in one of the following forms:

      (a) A surety bond with a surety qualified to do business in this state.

      (b) A personal bond accompanied by a deposit of:

             (1) Cash, a cashier’s check or a money order in the required amount; or

             (2) Negotiable securities acceptable to the state forester firewarden in the required amount together with a power of attorney in favor of the state forester firewarden to sell such securities in the event of default.

      (c) An individual surety executed on a form prescribed by the state forester firewarden and guaranteed by at least two persons of financial standing acceptable to the state forester firewarden.

      4.  Such additional information as the applicant may desire to submit or as the state forester firewarden may require.

      Sec. 12.  1.  If the information and proof submitted is satisfactory to the state forester firewarden and is verified by records and field examination, he shall issue a timberland conversion certificate to the applicant.


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ê1971 Statutes of Nevada, Page 1448 (Chapter 626, SB 168)ê

 

to the state forester firewarden and is verified by records and field examination, he shall issue a timberland conversion certificate to the applicant.

      2.  The state forester firewarden may deny such certificate for any of the following reasons:

      (a) Material misrepresentation or false statement in the application, affidavit, conversion plan or any other material submitted as proof that the timberlands in question are to be devoted to other than a timber-growing use.

      (b) Failure to comply with the forest practice rules or regulations.

      (c) Failure to give satisfactory proof that the timberlands being cut or to be cut are to be devoted to other than timber-growing use.

      (d) Failure to give satisfactory proof that adequate provision will be made to stabilize, revegetate or rehabilitate disturbed soils in order to minimize erosion, flooding or other damage to the watershed.

      (e) Inadequate performance bond.

      3.  Within 10 days after the receipt of any denial, an applicant may request a hearing with the state forester firewarden.

      4.  Upon any final denial, any performance bond shall be returned to the applicant.

      Sec. 13.  1.  A timberland conversion certificate shall include:

      (a) The name and address of the holder.

      (b) The legal description of the land to which it is applicable.

      (c) The period of time for which it is valid.

      (d) Any exemption granted from any provision of this chapter or any forest practice rule or regulation.

      (e) Any additional conditions or requirements imposed.

      2.  Such certificate is not transferable or assignable, but may be renewed by the holder upon a satisfactory showing of cause and necessity.

      Sec. 14.  Prior to any logging or cutting operation on any land covered by a timberland conversion certificate, the holder shall furnish a copy of such certificate to any timber operation harvesting forest products on such land.

      Sec. 15.  Upon application, the state forester firewarden may reduce any performance bond required under section 11 of this act in an amount proportionately equal to the number of acres adequately stabilized, revegetated or rehabilitated out of the total acres covered by the timberland conversion certificate.

      Sec. 16.  Any timberland conversion certificate may be suspended or revoked for:

      1.  Failure to comply with the conditions of the certificate.

      2.  Any reason for which a certificate may be denied.

      Sec. 17.  NRS 528.010 is hereby amended to read as follows:

      528.010  NRS 528.010 to 528.090, inclusive, and sections 2 to 16, inclusive, of this act, may be cited as the Nevada Forest Practice Act of 1955.

      Sec. 18.  (Deleted by amendment.)

      Sec. 19.  NRS 528.030 is hereby amended to read as follows:

      528.030  NRS 528.010 to 528.090, inclusive, and sections 2 to 16, inclusive, of this act are adopted:


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ê1971 Statutes of Nevada, Page 1449 (Chapter 626, SB 168)ê

 

      1.  To establish minimum standards of forest practice and to require compliance therewith by every timber owner or operator.

      2.  To promote the sustained productivity of the forests of the Sierra Nevada Mountains in Nevada.

      3.  To preserve the natural water supply of the state in the interests of the economic welfare of the state.

      Sec. 20.  NRS 528.040 is hereby amended to read as follows:

      528.040  The state forester firewarden, acting in accordance with the policies adopted by the state board of forestry and fire control, shall administer the provisions of NRS 528.010 to 528.090, inclusive, and sections 2 to 16, inclusive, of this act, and may exercise all powers necessary to accomplish their purposes and intent.

      Sec. 21.  NRS 528.050 is hereby amended to read as follows:

      528.050  The cutting practices of every timber owner or operator conducting logging operations within this state shall conform to the following:

      1.  Areas of old-growth timber shall have reserved and left uncut for future crops all sound, immature trees 18 inches d.b.h. or less, with an average of not less than [three] 10 satisfactorily located seed trees 18 inches d.b.h. or larger to be left per acre, and no area will be more than one-eighth mile from seed source unless the area is adequately stocked. Seed trees shall be approved by the state forester firewarden.

      2.  Areas of young-growth and prior-cut timber harvested for saw logs and veneer logs shall have reserved and left uncut for future crops all sound, immature trees of 18 inches d.b.h. or less, with an average of not less than [three] 10 satisfactorily located seed trees 18 inches d.b.h. or larger to be left per acre, and no area will be more than one-eighth mile from the seed source unless the area is adequately stocked. Seed trees shall be approved by the state forester firewarden.

      3.  On areas of young-growth and prior-cut timber where forest products other than saw logs and veneer logs are being harvested an adequately stocked stand shall be left.

      4.  The following may be cut regardless of size:

      (a) Trees with dead tops.

      (b) Trees with butt burns, with over half of the circumference burned and exposed wood showing decay.

      (c) Trees with bad lightning scars.

      (d) Trees infested with insects or disease.

      (e) Trees injured or broken during operations.

      (f) Trees to be removed for purpose of clearing of rights-of-way, landings, campsites or firebreaks.

      (g) Excessively crooked trees.

      (h) Suppressed trees with less than 25 percent crown.

      5.  No tractor logging shall be conducted on any slope of 30 percent or steeper or on saturated soils. The provisions of this section do not apply if trees are being removed to change the use of the land from forest production to another use, but the [cutter shall furnish evidence satisfactory to the state forester firewarden that the proposed changes have been approved by the local planning commission, if any, and that they will not adversely affect erosion control or watershed management.]


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ê1971 Statutes of Nevada, Page 1450 (Chapter 626, SB 168)ê

 

timber owner or his agent shall obtain a timberland conversion certificate as provided in this chapter.

      Sec. 22.  NRS 528.060 is hereby amended to read as follows:

      528.060  For the purpose of protecting from damage those trees required to be left for reserve and to leave cut-over timberland in a productive condition [,] and to regulate timberland conversion, the state board of forestry and fire control:

      1.  Shall make reasonable rules in relation to stump heights, felling of trees, skid trails and skid roads, tractor and truck roads, landings and rigging as the board deems wise and necessary.

      2.  May adopt such regulations [requiring timber owners and persons conducting logging operations to register proposed cutting areas with the state forester firewarden, and to report to him such information concerning cutting as he may require.] as are necessary to carry out the provisions of NRS 528.010 to 528.090, inclusive, and sections 2 to 16, inclusive, of this act.

      Sec. 23.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________

 

 

CHAPTER 627, SB 349

Senate Bill No. 349–Committee on Judiciary

CHAPTER 627

AN ACT relating to criminal procedure; permitting an appeal by the state and defendant for pretrial orders of the district court relating to motions to suppress evidence; and providing other matters properly relating thereto.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 177.015 is hereby amended to read as follows:

      177.015  1.  The party aggrieved in a criminal action, whether that party be the state or the defendant, may appeal as follows:

      [1.] (a) To the district court of the county from a final judgment of the justice’s court.

      [2.] (b) To the supreme court from:

      [(a) A final judgment of the district court in all criminal cases.

      (b)] (1) An order of the district court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.

             (2) Upon good cause shown, any pretrial order of the district court granting or denying a motion to suppress evidence made pursuant to NRS 174.125. Notice of such appeal shall be filed with the clerk of the district court within 2 judicial days and with the clerk of the supreme court within 5 judicial days after the ruling by the district court. The clerk of the district court shall notify counsel for the other party, or in the case of a defendant without counsel, the defendant, within 2 judicial days of the filing of the notice of appeal. The supreme court may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of such appeal and whether there may be a miscarriage of justice if such appeal is not entertained.


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ê1971 Statutes of Nevada, Page 1451 (Chapter 627, SB 349)ê

 

preliminary showing of the propriety of such appeal and whether there may be a miscarriage of justice if such appeal is not entertained. If the supreme court entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such period of time as may be required. Failure to file or the filing of such an appeal by a defendant shall not operate as a waiver of the right of such defendant to raise the issue upon an appeal from a final judgment.

      2.  The defendant only may appeal from a final judgment or verdict in a criminal case.

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

 

________

 

 

CHAPTER 628, SB 337

Senate Bill No. 337–Committee on Health and Welfare

CHAPTER 628

AN ACT charging the department of health, welfare and rehabilitation with the responsibility of licensing child care, group care and intermediate care facilities; redefining terms; and providing other matters properly relating thereto.

 

[Approved April 29, 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 required to be 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.


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ê1971 Statutes of Nevada, Page 1452 (Chapter 628, SB 337)ê

 

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. 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.

      Sec. 2.  NRS 424.010 is hereby amended to read as follows:

      424.010  Any family home in which one [or more] to 15 children under 16 years of age not related by blood, adoption or marriage to the person or persons maintaining the home are received, cared for, and maintained for compensation or otherwise, including any such home in which any such child is received, cared for and maintained pending completion of proceedings for the adoption of such child by the person or persons maintaining the home, shall be deemed to be a foster home for children.

      Sec. 3.  NRS 424.120 is hereby amended to read as follows:

      424.120  It is unlawful for any person to operate a child care facility in this state for compensation without securing and having in full force a license issued by:

      1.  The [welfare] health division of the department of health, welfare and rehabilitation; or

      2.  A county or incorporated city in compliance with the provisions of NRS 424.160.

      Sec. 4.  NRS 424.130 is hereby amended to read as follows:

      424.130  1.  The [welfare] health division of the department of health, welfare and rehabilitation, subject to the approval of the [state welfare board,] state board of health, shall establish minimum standards for the conduct of child care facilities.

      2.  All licensed child care facilities shall conform to the standards established as provided in subsection 1.

      Sec. 5.  NRS 424.140 is hereby amended to read as follows:

      424.140  1.  The application for a license to operate a child care facility shall be in a form prescribed by the [welfare] health division of the department of health, welfare and rehabilitation.


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ê1971 Statutes of Nevada, Page 1453 (Chapter 628, SB 337)ê

 

department of health, welfare and rehabilitation. The license shall state to whom it is issued, and the fact that it shall be in force and effect for 1 year from the date of issuance.

      2.  The issuance of a license by the [welfare] health division to any person for the operation of a child care facility shall be based upon reasonable and satisfactory assurance to the division that the person applying for such license will comply with the minimum standards for the conduct of child care facilities established by the division as provided in NRS 424.130.

      3.  The [welfare] health division shall renew any license for the operation of a child care facility if the division is satisfied that the person seeking such renewal has complied with the minimum standards established by the division for the conduct of child care facilities. Any license so renewed shall continue in force for 1 year from the date of renewal.

      Sec. 6.  NRS 424.150 is hereby amended to read as follows:

      424.150  1.  If any applicant or licensee is dissatisfied with any action taken by or failure to act on the part of the [welfare] health division of the department of health, welfare and rehabilitation in respect to his case, he shall have the right to appeal to the [welfare division] state board of health and the right to be represented in such appeal by counsel.

      2.  The [welfare division] state board of health shall provide an opportunity for a fair hearing of such individual’s appeal and shall review his case in all matters in respect to which he is dissatisfied.

      3.  If such individual feels himself aggrieved by the decision of the [welfare division] state board of health in respect to his case he shall have the right, at any time within 90 days after the mailing to him, by registered or certified mail, of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the [welfare division,] state board of health, a copy of which shall be certified as correct by the state [welfare administrator] health officer and filed by the [welfare] health division with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the [welfare division,] state board of health, or, if it concludes that the findings of the [welfare division] state board of health are not supported by evidence or that the [welfare division’s] board’s decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the [welfare division] state board of health for further proceedings in conformity with the decision of the court.

      Sec. 7.  NRS 424.160 is hereby amended to read as follows:

      424.160  The provisions of NRS 424.110 to 424.150, inclusive, shall not apply in any county or incorporated city where the governing body has established a licensing agency and enacted an ordinance requiring that such child care facilities be licensed by such county or incorporated city. Such licensing agency shall make such rules and regulations as may be necessary for the licensing of child care facilities, which rules and regulations shall take effect from and after their approval by the [welfare] health division of the department of health, welfare and rehabilitation.

      Sec. 8.  NRS 431.010 is hereby amended to read as follows:

      431.010  As used in this chapter:


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ê1971 Statutes of Nevada, Page 1454 (Chapter 628, SB 337)ê

 

      1.  “Group care facility” means an establishment maintained for the purpose of:

      (a) Furnishing food and shelter, in single or multiple facilities, to four or more aged, infirm or handicapped adult persons unrelated to the proprietor; or

      (b) Furnishing, either during pregnancy or after delivery, food and shelter in single or multiple facilities, commonly known as maternity homes, to two or more females unrelated to the operator; and

      (c) Providing personal care or services which meet some need, other than nursing care, beyond basic needs of food, shelter and laundry.

      2.  “Health division” means the health division of the department of health, welfare and rehabilitation.

      3.  “Intermediate care facility” means an adult group care facility that meets the safety and sanitation requirements of nursing homes licensed by the State of Nevada, and provides a higher level of personal care and health supervision plus 24-hour awake supervision for [10 or more ambulatory or semiambulatory] adult individuals [.

      3.] who do not have illnesses, diseases, injuries or other conditions that would require the degree of care and treatment which a hospital or skilled nursing home is designed to provide.

      4.  “Person” means any individual, firm, partnership, corporation, company or association and the legal successor thereof.

      [4.] 5.  “Welfare division” means the welfare division of the department of health, welfare and rehabilitation.

      Sec. 9.  NRS 431.020 is hereby amended to read as follows:

      431.020  The [welfare] health division shall adopt, amend, promulgate and enforce reasonable rules, regulations and standards with respect to group care facilities licensed under this chapter.

      Sec. 10.  NRS 431.030 is hereby amended to read as follows:

      431.030  1.  The [welfare] health division, with the advice of the state board of health, [in matters pertaining to health,] shall formulate standards for the operation and maintenance of group care facilities, and standards of care conducive to the health and general welfare of persons residing in such facilities.

      2.  Standards for the licensing, operation and maintenance of group care facilities shall require that:

      (a) Practices and policies of the facility must provide adequately for the protection of the health, safety, physical, moral and mental well-being of the persons accommodated in the facility.

      (b) The facility shall employ an adequate number of capable persons qualified by education or experience to render the type of care and services necessary in the facility.

      (c) Adequate physical facilities are available to render the type of care and services necessary in the facility.

      Sec. 11.  NRS 431.040 is hereby amended to read as follows:

      431.040  1.  No person shall operate a group care facility, as defined in this chapter, without a license from the [welfare] health division. [A maternity home which operates a hospital or provides facilities for childbirth shall also be licensed by the health division of the department of health, welfare and rehabilitation under the provisions of NRS 449.015 to 449.240, inclusive.]


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ê1971 Statutes of Nevada, Page 1455 (Chapter 628, SB 337)ê

 

      2.  No fee shall be charged for such licenses.

      Sec. 12.  NRS 431.050 is hereby amended to read as follows:

      431.050  1.  Application for a license shall be made to the [welfare] health division.

      2.  Upon receipt of an application for a license, the [welfare] health division shall conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a group care facility. Such facility shall be subject to inspection, in behalf of the [welfare] health division, by the [fire department of the locality in which the facility is located.] state fire marshal or his designate.

      Sec. 13.  NRS 431.060 is hereby amended to read as follows:

      431.060  1.  If, after investigation, the [welfare] health division finds that the group care facility meets the established standards, the [welfare] health division shall issue a license upon the form prescribed by the [welfare] health division for the purpose.

      2.  The license shall contain:

      (a) The name of the person or persons authorized to operate such licensed facility.

      (b) The location of such licensed facility.

      (c) The number of persons authorized to be received and cared for therein.

      3.  Such licenses shall be in effect for 1 year from the time of issuance.

      4.  Licenses shall apply only to the persons named therein and be valid only for the premises described therein, and shall not be transferable.

      5.  Upon request for renewal made at least 1 month prior to the expiration date of a license, and after reconsideration of the standards maintained, the license may be renewed annually. If the [welfare] health division has failed to act upon the application for renewal prior to the expiration date of the license, the license shall be deemed to be temporarily renewed until such time as the [welfare] health division shall act.

      Sec. 14.  NRS 431.070 is hereby amended to read as follows:

      431.070  The [welfare] health division, or its authorized agent, shall inspect every licensed group care facility as often as is necessary to assure that there is compliance with all applicable rules, regulations and standards. Inspections may be made by the fire department of the locality at the request and in behalf of the [welfare] health division.

      Sec. 15.  NRS 431.080 is hereby amended to read as follows:

      431.080  The [welfare] health division may refuse to renew any license or may, at any time, suspend or revoke any license upon determination by the [welfare] health division that such licensed group care facility has failed to comply with established standards or rules and regulations governing the operation and maintenance of such facility. Such refusal to renew, suspension or revocation shall be in writing, citing the cause.

      Sec. 16.  NRS 431.090 is hereby amended to read as follows:

      431.090  1.  If any applicant or licensee is dissatisfied with any action taken by or failure to act on the part of the [welfare] health division of the department of health, welfare and rehabilitation in respect to his case, he shall have the right to appeal to the [welfare division] state board of health and the right to be represented in such appeal by counsel.


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ê1971 Statutes of Nevada, Page 1456 (Chapter 628, SB 337)ê

 

he shall have the right to appeal to the [welfare division] state board of health and the right to be represented in such appeal by counsel.

      2.  The [welfare division] state board of health shall provide an opportunity for a fair hearing of such individual’s appeal and shall review his case in all matters in respect to which he is dissatisfied.

      3.  If such individual feels himself aggrieved by the decision of the [welfare division] state board of health in respect to his case he shall have the right, at any time within 90 days after the mailing to him, by registered or certified mail, of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the [welfare division,] state board of health, a copy of which shall be certified as correct by the state [welfare administrator] health officer and filed by the [welfare] health division with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the [welfare division,] state board of health, or, if it concludes that the findings of the [welfare division] state board of health are not supported by evidence or that the [welfare division’s] board’s decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the [welfare division] state board of health for further proceedings in conformity with the decision of the court.

      Sec. 17.  NRS 431.100 is hereby amended to read as follows:

      431.100  1.  The [welfare] health division may issue a provisional license to a group care facility which:

      (a) Is in operation at the time of promulgation of the rules and regulations or standards under this chapter, to provide reasonable time under the particular circumstances, not to exceed 1 year from the date of such promulgation, within which to comply with such rules, regulations and standards.

      (b) Has failed to comply with rules, regulations or standards, but which is in the process of making necessary changes in the establishment or has agreed to effect such changes within a reasonable time.

      2.  The provisions of subsection 1 shall not be construed to require the issuance of a license or to prevent the [welfare] health division from refusing to renew or from revoking or suspending any license in any instance when the [welfare] health division deems such action necessary for the health and safety of inmates of any such facility.

      Sec. 18.  NRS 431.120 is hereby amended to read as follows:

      431.120  Any person who operates a group care facility, as defined in this chapter, without a license issued by the [welfare] health division shall be guilty of a misdemeanor.

      Sec. 19.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________


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ê1971 Statutes of Nevada, Page 1457ê

 

CHAPTER 629, SB 336

Senate Bill No. 336–Committee on Health and Welfare

CHAPTER 629

AN ACT relating to mental health services; increasing the requisite qualifications for the position of administrator; providing a fee schedule for such services; and providing other matters properly relating thereto.

 

[Approved April 29, 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 a new section which shall read as follows:

      1.  The division shall, except for services rendered by community mental health centers, establish a fee schedule for services rendered under the provisions of this chapter. Such schedule shall be submitted to the board and the director of the department for joint approval prior to being enforced. The fees collected under such schedule shall be deposited in the general fund in the state treasury.

      2.  The board of directors of a community mental health center may establish a fee schedule for services rendered by the center. All fees collected under such schedule shall be subject to expenditure as the board of directors shall direct.

      Sec. 2.  NRS 436.012 is hereby amended to read as follows:

      436.012  The administrator shall:

      1.  Be a physician eligible for licensing in this state under the provisions of chapter 630 of NRS.

      2.  Have a minimum of 7 years of successful experience in a combination of private and institutional psychiatric practice, which shall include responsible administrative experience.

      3.  Be selected on the basis of his training, experience, capacity and interest in the care of mentally ill and mentally retarded persons, and his capability to administer institutions for such people.

      4.  Receive an annual salary, which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.

 

________

 

 

CHAPTER 630, SB 99

Senate Bill No. 99–Senator Swobe

CHAPTER 630

AN ACT relating to crimes and punishments; providing minimum penalties for violation of fire-protection laws; providing minimum penalties for violation of tree- and flora-protection laws; correcting the specification of size of carbon particles which may be retained by a spark arrestor; providing penalties for disobeying or interfering with peace officers or firemen at all fires and emergencies; and providing other matters properly relating thereto.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 473.090 is hereby amended to read as follows:

      473.090  1.  Except as otherwise provided in this section, it shall be unlawful within the boundaries of any fire protection district organized under this chapter for any person, firm, association, corporation or agency to burn, or cause to be burned, any brush, grass, logs or any other inflammable material, or blast with dynamite, powder or other explosive, or set off fireworks, or operate a welding torch, tarpot or any other device that may cause a fire in forest, grass or brush, either on his own land or on the land of another, or on public land, unless such burning or act is done under a written permit from the state forester firewarden or his duly authorized agent and in strict accordance with the terms of the permit.


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ê1971 Statutes of Nevada, Page 1458 (Chapter 630, SB 99)ê

 

under this chapter for any person, firm, association, corporation or agency to burn, or cause to be burned, any brush, grass, logs or any other inflammable material, or blast with dynamite, powder or other explosive, or set off fireworks, or operate a welding torch, tarpot or any other device that may cause a fire in forest, grass or brush, either on his own land or on the land of another, or on public land, unless such burning or act is done under a written permit from the state forester firewarden or his duly authorized agent and in strict accordance with the terms of the permit.

      2.  Written permission shall not be necessary:

      (a) At any time during the year when the state forester firewarden determines that no fire hazard exists.

      (b) To burn materials in screened, safe incinerators, or in incinerators approved by the state forester firewarden or his duly authorized agent, or in small heaps or piles, where the fire is set on a public road, corrals, gardens or ploughed fields, and at a distance not less than 100 feet from any woodland, timber or brush-covered land or field containing dry grass or other inflammable material with at least one adult person in actual attendance at such fire at all times during its burning.

      3.  Nothing in this section shall be construed to prevent the issuance of an annual permit to any public utility covering its usual and emergency operation and maintenance work with the district.

      4.  No provision of this section shall be construed to prevent the building of necessary controlled small camp and branding fires, but caution must be taken to make certain that the fire is extinguished before leaving, and, in any case where the fire may escape and do injury to the property of another, this may be held as prima facie evidence that such fire was not safe.

      5.  The provisions of this section shall apply only to such portions of the fire protection district as are outside incorporated cities and towns.

      6.  Any person, firm, association, corporation or agency violating any of the provisions of this section shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 2.  NRS 475.010 is hereby amended to read as follows:

      475.010  Every person who shall willfully or negligently set or fail to carefully guard or extinguish any fire, whether on his own land or the land of another, whereby the timber or property of another shall be endangered shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 3.  NRS 475.020 is hereby amended to read as follows:

      475.020  Every person who, upon departing from camp or from any fire started by him in the open, willfully and negligently leaves the fire or fires burning or unexhausted, or fails to extinguish the same thoroughly, is guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 4.  NRS 475.030 is hereby amended to read as follows:

      475.030  1.  It is unlawful for any person willfully or negligently:

      (a) To throw or place and lighted cigarette, cigar, ashes, match or other material which may cause a fire in any place where such lighted cigarette, cigar, match, ashes or other material may start a fire.


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

ê1971 Statutes of Nevada, Page 1459 (Chapter 630, SB 99)ê

 

      (b) To throw or place from a moving vehicle any lighted cigarette, cigar or ashes which may cause a fire.

      2.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 5.  NRS 475.050 is hereby amended to read as follows:

      475.050  Every person who shall light a pipe, cigar or cigarette in, or who shall enter with a lighted pipe, cigar or cigarette, any mill or other building on which is posted in a conspicuous place over and near each principal entrance a notice in plain, legible characters stating that no smoking is allowed in such building shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 6.  NRS 475.060 is hereby amended to read as follows:

      475.060  1.  Every person, firm, corporation or association which uses or permits to be used any internal combustion engine which is operated on hydrocarbon fuels on any grass, brush or forest-covered land without providing, and maintaining in effective order, a spark arrestor attached to the exhaust system is guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      2.  For the purposes of this section, a spark arrestor is a device constructed of nonflammable material specifically for the purpose of removing or retaining carbon and other flammable materials over [0.232] 0.023 inch in size from the exhaust flow of an internal combustion engine that is operated on hydrocarbon fuels.

      3.  Motortrucks, truck tractors, buses and passenger vehicles, except motorcycles, are not subject to the provisions of this section if the exhaust system is equipped with an adequate and properly maintained muffler in constant operation.

      Sec. 7.  NRS 475.070 is hereby amended to read as follows:

      475.070  1.  Every person who, at [the burning of any building,] any fire, shall be guilty of any disobedience to the lawful orders of a [public] peace officer or fireman, or of resistance to or interference with the lawful efforts of any firemen or company of firemen to extinguish the same, or of disorderly conduct likely to interfere with the extinguishment thereof, or who shall forbid, prevent or dissuade others from assisting to extinguish such fire, shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      2.  Every person who, at the scene of an emergency, other than a fire, disobeys any of the lawful orders of a peace officer or fireman, or resists or interferes with the lawful efforts of any firemen or company of firemen to control or handle the same, or conducts himself in a disorderly manner likely to interfere with the control or handling thereof, or who forbids, prevents or dissuades others from assisting to control or handle the same, shall be guilty of a misdemeanor.

      Sec. 8.  NRS 475.080 is hereby amended to read as follows:

      475.080  Every person who, with intent to prevent or obstruct the extinguishment of any fire, shall cut or remove any bell rope, wire or other apparatus for communicating an alarm of fire, or cut, injure or destroy any engine, hose or other fire apparatus, or otherwise prevent or obstruct the extinguishment of any fire, is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the loss resulting therefrom and in no event less than a misdemeanor [.]


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ê1971 Statutes of Nevada, Page 1460 (Chapter 630, SB 99)ê

 

or obstruct the extinguishment of any fire, is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the loss resulting therefrom and in no event less than a misdemeanor [.] , punishable by a fine of not less than $10.

      Sec. 9.  NRS 475.090 is hereby amended to read as follows:

      475.090  Every person who shall willfully and maliciously remove, damage or destroy any engine, hose, hose cart, truck, ladder, extinguisher or other apparatus used by any fire company or fire department shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 10.  NRS 475.100 is hereby amended to read as follows:

      475.100  1.  It is unlawful for any person intentionally to give or cause to be given, or turn in or cause to be turned in, any false alarm of fire in any city, town or community in this state.

      2.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      3.  This section shall not be construed to apply to alarms given for practice by any chief of a fire department or by any other person properly authorized to give such alarms, nor to alarms given by any person to attract attention of police, firemen or other people to acts of violence, disorder or menace.

      Sec. 11.  NRS 476.020 is hereby amended to read as follows:

      476.020  Every person who shall make or keep any explosive or combustible substance in any city or town, or carry it through the streets thereof in a quantity or manner prohibited by law or by ordinance of such municipality, shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 12.  NRS 476.030 is hereby amended to read as follows:

      476.030  Every person who, by careless, negligent or unauthorized use or management of any explosive or combustible substance, shall injure or cause injury to the person or property of another shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 13.  NRS 476.040 is hereby amended to read as follows:

      476.040  Every person who shall put up for sale, or who shall deliver to any warehouseman, dock, depot or common carrier any package, cask or can containing benzine, gasoline, naphtha, nitroglycerine, dynamite, powder or other explosive or combustible substance, without having printed thereon in a conspicuous place in large letters the word “Explosive,” shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 14.  NRS 476.060 is hereby amended to read as follows:

      476.060  1.  Whenever there shall be filed with the board of county commissioners of any county a petition signed by 10 percent of the residents of any town or incorporated city within the county, the 10 percent to be computed from the number of persons paying taxes in the town or incorporated city according to the last preceding assessment roll, praying that the storage of gunpowder, explosive or combustible materials be prohibited within the limits of such town or city, the board shall, at the meeting of such board when the petition is filed, make and enter on the minutes of its proceedings an order prohibiting the storage of explosives or combustible materials within such distance of the town or city as the board may deem safe and proper, but the distance named in the order for such storage shall not be less than one-fourth of a mile from the limits of the town or city.


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

ê1971 Statutes of Nevada, Page 1461 (Chapter 630, SB 99)ê

 

on the minutes of its proceedings an order prohibiting the storage of explosives or combustible materials within such distance of the town or city as the board may deem safe and proper, but the distance named in the order for such storage shall not be less than one-fourth of a mile from the limits of the town or city.

      2.  The order mentioned in subsection 1 to be made by the board may be published by the clerk of the board of county commissioners for 2 weeks successively in some newspaper published and printed in the town or city to which the order applies, or a copy of the order shall be posted conspicuously in three public places in the town or city. The publication or posting shall constitute due notice to all concerned.

      3.  Nothing contained in this section shall be so construed as to prohibit or prevent:

      (a) The storage by any person, firm or corporation within the limit prescribed by the order of any board, of not more than 100 pounds of black and smokeless gunpowder or rifle powder, and not more than 500 gallons of kerosene oil.

      (b) The keeping within such limit of shotgun or rifle shells and cartridges and cartridge percussion caps by any business firm or individual.

      (c) The storing of powder underground in mines.

      4.  Any board of county commissioners, or any member thereof, failing, neglecting or refusing to comply with all of the provisions of subsection 1 shall be guilty of a misdemeanor, punishable by a fine of not less than $10, and proceedings shall at once be instituted by the district attorney, or may be instituted by any citizen of the county against such board, or against any member thereof. Such conviction shall ipso facto remove such board, or any member thereof so convicted, from office. Notice of the vacancy thereby created shall be certified by the district attorney to the governor. Within 20 days from the receipt of such notice, the governor shall make appointments to fill such vacancy as may be created.

      5.  Any person, firm, company or corporation continuing to store any explosive or combustible materials within the limit prescribed by such order and notice, after 2 weeks subsequent to the giving of notice, or after 3 weeks subsequent to the making of such order, shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 15.  NRS 476.070 is hereby amended to read as follows:

      476.070  1.  Any person who discharges any bullet, projectile or ammunition of any kind which is tracer or incendiary in nature on any grass, brush, forest or crop-covered land is guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      2.  This section does not apply to:

      (a) Any member of the Armed Forces of the United States or the Nevada National Guard while such member is on active duty;

      (b) Any law enforcement officer of this state or the United States; or

      (c) The possession or use of such ammunition on land owned or leased by the United States when possessed or used at the direction of an authorized official of the United States.


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

ê1971 Statutes of Nevada, Page 1462 (Chapter 630, SB 99)ê

 

      Sec. 16.  NRS 527.010 is hereby amended to read as follows:

      527.010  1.  It shall be unlawful for any person or corporation to cut down or remove, or cause to be cut down or removed, any wood, timber or trees on or from any land in this state, to which land this state or any person or corporation has or may have an inchoate title, or any title less than fee simple. The provisions of this subsection shall apply to the owner of such inchoate title, or title less than fee simple, the same as to other persons and corporations.

      2.  If any owner of an inchoate title to land in this state, or title to such land less than fee simple, or any other person or corporation, shall violate the provisions of subsection 1, such person or corporation shall be guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the trees, wood or timber cut down or removed, and in no event less than a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 17.  NRS 527.020 is hereby amended to read as follows:

      527.020  If any person shall cut down or remove any tree, wood or timber from any land in this state, to which this state has a fee simple title, or an inchoate title, by reason of grant from the United States, such person is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the trees, wood or timber cut down or removed, and in no event less than a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 18.  NRS 527.050 is hereby amended to read as follows:

      527.050  1.  It is unlawful for any person, firm, company or corporation, his, its or their agent or agents, willfully or negligently to cut, destroy, mutilate, pick or remove any tree, shrub, plant, fern, wild flower, cacti, desert flora, or any seeds, roots or bulbs of either or any of the foregoing from any of the lands owned by or under the control of the State of Nevada or the United States, or from any private lands, without a written permit therefor from the owner or occupant of any private land, or his duly authorized agent, or from the federal or state agency which controls or regulates any public land.

      2.  Every person violating the provisions of this section shall be guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the plants, flowers, trees, seeds, roots or bulbs cut, destroyed, mutilated, picked or removed, and in no event less than a misdemeanor [.] , punishable by a fine of not less than $10.

      3.  The state forester firewarden and his representatives, public officials charged with the administration of reserved and unreserved lands belonging to the United States, and peace officers shall enforce the provisions of this section.

      4.  The provisions of this section shall not apply:

      (a) To persons picking cacti or other desert flora for the use and adornment of homes and gardens within the State of Nevada.

      (b) To institutions of learning of this state or of the United States, or research activity conducted for purely scientific purposes or in the advancement of agriculture, botany or any of the sciences.

      (c) To Indians, native to Nevada, who gather any such article for food or medicinal use or for sale for themselves and not as employees of any other person, except as to private lands.


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ê1971 Statutes of Nevada, Page 1463 (Chapter 630, SB 99)ê

 

      Sec. 19.  NRS 527.120 is hereby amended to read as follows:

      527.120  Every person who shall violate any provision of NRS 527.060 to 527.110, inclusive, not otherwise punishable, shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $10.

      Sec. 20.  NRS 527.250 is hereby amended to read as follows:

      527.250  1.  It is unlawful for any person, firm, company or corporation to use a mechanical device to harvest cones or pine nuts from a pinon tree on lands owned by or under the control of the State of Nevada, or on any private lands without a written permit therefor from the owner or occupant of such private lands or his authorized agent.

      2.  Any violation of the provisions of this section is a misdemeanor [.] , punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $10 and not more than $500, or by both fine and imprisonment.

      3.  The state forester firewarden and his representatives and all peace officers shall enforce the provisions of this section.

      Sec. 21.  NRS 528.090 is hereby amended to read as follows:

      528.090  Any person who shall violate any of the provisions of NRS 528.010 to 528.090, inclusive, or any of the rules or regulations made under the authority of NRS 528.010 to 528.090, inclusive, shall be guilty of a misdemeanor [.] , punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $10 and not more than $500, or by both fine and imprisonment.

      Sec. 22.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 631, AB 839

Assembly Bill No. 839–Messrs. Mello, Ashworth, Branch, Mrs. Brookman, Messrs. Bryan, Capurro, Dini, Dreyer, Miss Foote, Mrs. Frazzini, Messrs. Fry, Getto, Glaser, Hafen, Miss Hawkins, Messrs. Hilbrecht, Homer, Howard, Jacobsen, Kean, Lauri, Lingenfelter, Lowman, May, McKissick, Olsen, Poggione, Prince, Ronzone, Schofield, Smalley, Smith, Swackhamer, Swallow, Torvinen, Valentine, Mrs. White, Messrs. Wilson, Frank Young and Roy Young

CHAPTER 631

AN ACT making an appropriation from the general fund in the state treasury to the legislative counsel bureau to effect retroactive salary increases for employees to equate like salary increases made for employees of the executive branch of the state government; and providing other matters properly relating thereto.

 

[Approved April 29, 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 the legislative counsel bureau the sum of $38,500 for the purpose of effecting retroactive salary increases for the employees thereof equating salary increases made by action of the 56th session of the legislature for employees in the executive branch of the state government.


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ê1971 Statutes of Nevada, Page 1464 (Chapter 631, AB 839)ê

 

      Sec. 2.  This act shall become effective upon passage and approval and shall operate retroactively from January 1, 1971.

 

________

 

 

CHAPTER 632, AB 759

Assembly Bill No. 759–Committee on Commerce

CHAPTER 632

AN ACT providing for the issuance of certificates of public convenience and necessity by the public service commission of Nevada for certain tow cars; specifying the contents and time for filing applications for such certificates; imposing duties on the public service commission of Nevada; providing for a fee; and providing other matters properly relating thereto.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Any person who was engaged in the transportation of vehicles by the use of a tow car with an unladened weight of less than 9,000 pounds, on or before January 1, 1971, and who held himself out for hire for such towing, shall be granted a certificate of public convenience and necessity if an application therefor:

      (a) Is made within 90 days after July 1, 1971;

      (b) Is accompanied by a filing fee of $25; and

      (c) Contains satisfactory evidence of a lawful nature and scope of the applicant’s operation existing on or before January 1, 1971.

      2.  Before issuing any certificate of public convenience and necessity for the transportation of vehicles by tow car, the commission shall set the rate levels and storage charges under which such operation may be conducted, but the commission shall not be precluded from establishing rate areas.

      3.  When issued, a certificate of public convenience and necessity shall authorize the recipient to operate within the territory which the applicant substantiates by documentation between January 1, 1968, and January 1, 1971.

      4.  Any person who on the effective date of this act holds a valid certificate of public convenience and necessity issued by the commission for the operation of a tow car with an unladened weight of 9,000 pounds or more shall be granted the authority to operate a tow car with an unladened weight of less than 9,000 pounds within the territory substantiated under subsection 3, but in no event less than the territory set forth in such certificate of public convenience and necessity.

      5.  The provisions of this section do not apply to rates or contracts for tow services rendered for a licensed motor club regulated under chapter 693 of NRS.

      6.  Notwithstanding the provisions of this section, any contract validly entered into prior to March 1, 1971, for tow car services shall remain valid until its normal expiration by its terms, but in no event for more than 2 years from the effective date of this act.


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

ê1971 Statutes of Nevada, Page 1465 (Chapter 632, AB 759)ê

 

valid until its normal expiration by its terms, but in no event for more than 2 years from the effective date of this act.

      Sec. 3.  1.  Each tow car owner or operator subject to the jurisdiction of the commission shall, before commencing to operate or continuing operation after the effective date of this act and annually thereafter, pay to the commission for each tow car operated, a fee of not more than $36.

      2.  The fee provided in this section shall be paid on or before January 1 of each year.

      3.  The initial fee shall be reduced one-twelfth for each month which has elapsed since the beginning of the calendar year prior to the effective date of this act for those tow cars lawfully operating on such date or prior to the commencement of operation of each tow car commencing such operation after the effective date of this act.

 

________

 

 

CHAPTER 633, AB 285

Assembly Bill No. 285–Committee on Transportation

CHAPTER 633

AN ACT relating to motorcycles; defining “motorcycle”; prescribing the proper equipment for and method of operation of motorcycles and power cycles; providing penalties; establishing procedures for licensing motorcycle drivers; and providing other matters properly relating thereto.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 486 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 38, inclusive, of this act.

      Sec. 2.  As used in sections 3 to 38, inclusive, of this act, the words and terms defined in sections 3 to 6, inclusive, of this act shall, unless the context otherwise requires, have the meanings ascribed to them in sections 3 to 6, inclusive, of this act.

      Sec. 3.  “Department” means the department of motor vehicles.

      Sec. 4.  “Highway” means the entire width between the boundary lines of every way maintained by a public authority when any part thereof is open to the use of the public for purposes of vehicular traffic.

      Sec. 5.  “Motorcycle” means every motor vehicle equipped with a seat or a saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, including a power cycle but excluding a tractor.

      Sec. 6.  “Muffler” means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and is effective in reducing noise, but does not include such a device equipped with an apparatus which permits the exhaust gas to be discharged directly into the air without passing through such device.

      Sec. 7.  Except for a nonresident who is at least 16 years of age and is authorized by the state of his residency to drive a motorcycle, a person shall not drive a motorcycle upon a highway unless such person holds a valid motorcycle driver’s license issued pursuant to this chapter or a driver’s license issued pursuant to chapter 483 of NRS endorsed to authorize the holder to drive a motorcycle.


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

ê1971 Statutes of Nevada, Page 1466 (Chapter 633, AB 285)ê

 

shall not drive a motorcycle upon a highway unless such person holds a valid motorcycle driver’s license issued pursuant to this chapter or a driver’s license issued pursuant to chapter 483 of NRS endorsed to authorize the holder to drive a motorcycle.

      Sec. 8.  1.  Any person who is at least 15½ years of age or older, enrolled in a motorcycle driver’s training school, licensed by the department in the same manner as provided for driver training schools pursuant to NRS 483.700 to 483.760, inclusive, and NRS 483.780, may apply to the department for an instruction permit.

      2.  The department may, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having such permit in his immediate possession, to drive a motorcycle for a period of 6 months if:

      (a) Such driving is done off of a highway; and

      (b) There is a person who is at least 18 years of age who is licensed to drive a motorcycle in immediate attendance and giving supervision.

      3.  Except as provided in section 17 of this act, no person shall be issued a motorcycle driver’s license or authorized to drive a motorcycle unless such person:

      (a) Is at least 16 years of age;

      (b) Has successfully completed a motorcycle driver’s training school; and

      (c) Has successfully completed such written examination and driving test as may be required by the department.

      Sec. 9.  1.  Every application for an instruction permit or for a motorcycle driver’s license shall be made upon a form furnished by the department and shall be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.

      2.  Every application shall:

      (a) State the full name, date of birth, sex and residence address of the applicant;

      (b) Briefly describe the applicant;

      (c) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country;

      (d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and

      (e) Give such other information as the department may require to determine the applicant’s competency and eligibility.

      3.  Every applicant between the ages of 15½ and 21 years shall furnish proof of his age by displaying a birth certificate, baptismal certificate or other proof acceptable to the department.

      Sec. 10.  1.  Whenever an application for an instruction permit or for a motorcycle driver’s license is received from a person previously licensed in another state, the department shall request a copy of the driver’s record from such other state. When received, the driver’s record shall become a part of the driver’s record in this state with the same effect as though entered on the driver’s record in this state in the original instance.


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

ê1971 Statutes of Nevada, Page 1467 (Chapter 633, AB 285)ê

 

      2.  Whenever the department receives a request for a driver’s record from another licensing state the record shall be forwarded without charge.

      Sec. 11.  1.  The application of any person under the age of 18 years for an instruction permit or motorcycle driver’s license shall be signed and verified, before a person authorized to administer oaths, by either or both the father or mother of the applicant, if either or both are living and have custody of him, or if neither parent is living, then by the person or guardian having such custody, or by an employer of such minor, or if there is no guardian or employer, then by any responsible person who is willing to assume the obligation imposed under this chapter, upon a person signing the application of a minor.

      2.  Any negligence or willful misconduct of a minor under the age of 18 years when driving a motorcycle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.

      Sec. 12.  Any person who has signed the application of a minor for an instruction permit or license may thereafter file with the department a verified written request that the permit or license of the minor so granted be canceled. Thereupon, the department shall cancel the permit or license of the minor, and the person who signed the application of such minor shall be relieved from the liability imposed under this chapter by reason of having signed such application on account of any subsequent negligence or willful misconduct of such minor in driving a motorcycle.

      Sec. 13.  The department, upon receipt of satisfactory evidence of the death of the persons who signed the application of a minor for an instruction permit or license, shall cancel such permit or license and shall not issue a new permit or license until such time as a new application, duly signed and verified, is made as required by this chapter. This provision shall not apply if the minor has attained the age of 18 years.

      Sec. 14.  1.  The department shall examine every applicant for a motorcycle driver’s license. Such examination may be held in the county where the applicant resides within 30 days from the date application is made. It shall include a test of the applicant’s eyesight, his ability to read and understand official traffic control devices, his knowledge of safe driving practices and the traffic laws of this state, and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motorcycle. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant’s fitness to drive a motorcycle safely upon the highways.

      2.  Notwithstanding the provisions of subsection 1, the department may provide by regulation for the acceptance of a report from an ophthalmologist, oculist or optometrist in lieu of an eye test by a driver’s license examiner.

      Sec. 15.  Every application for an instruction permit or driver’s license under the provisions of this chapter shall be made upon a form furnished by the department. There shall be no charge for the making and filing of the application.

      Sec. 16.  1.  The department shall issued to every applicant qualifying therefor a motorcycle driver’s license or shall endorse the driver’s license of such applicant pursuant to chapter 483 of NRS.


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ê1971 Statutes of Nevada, Page 1468 (Chapter 633, AB 285)ê

 

therefor a motorcycle driver’s license or shall endorse the driver’s license of such applicant pursuant to chapter 483 of NRS.

      2.  Such license shall bear thereon:

      (a) A number assigned to the licensee.

      (b) His full name.

      (c) His date of birth.

      (d) His residence address.

      (e) A brief description of the licensee.

      (f) A space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license.

      3.  The charge for any license issued under the provisions of this section shall be $5.

      Sec. 17.  1.  Except as provided in subsection 2, every motorcycle driver’s license or other authority to drive a motorcycle shall expire on the second anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance.

      2.  Every license issued before the effective date of this act authorizing a person to drive a power cycle shall be valid for driving a power cycle and every such license authorizing a person to drive a motorcycle shall be valid for driving a motorcycle until its normal expiration.

      3.  Any person who has been issued a driver’s license before the effective date of this act without having the authority to drive a motorcycle or power cycle endorsed thereon shall, before driving a motorcycle, as defined in section 5 of this act, successfully pass a driving test conducted by the department, pay a fee of $2 and have such authority endorsed upon such license.

      4.  As used in this section, “power cycle” means every motor vehicle equipped with a seat or saddle for the use of the driver designed to travel on not more than three wheels in contact with the ground and propelled by a motor of 70 cc. displacement or less which produces 6 1/2 horsepower or less.

      Sec. 18.  (Deleted by amendment.)

      Sec. 19.  No person shall authorize or knowingly permit a motorcycle owned by him or under his control to be driven upon any highway by any person who is not authorized by this chapter to drive a motorcycle.

      Sec. 20.  1.  A motorcycle shall not be driven upon a highway while carrying more than one person unless such motorcycle is designed by the manufacturer to carry more than one person.

      2.  A passenger shall ride:

      (a) Behind the driver and astride the permanent or regular seat which was designed for two persons;

      (b) Astride another seat firmly attached at the rear of the driver; or

      (c) In a sidecar attached.

      3.  Every such motorcycle designed for transporting a passenger shall be equipped with footrests adjusted to fit such passenger.

      Sec. 21.  1.  A person driving a motorcycle shall ride only upon the permanent and regular seat attached thereto.

      2.  A person shall not drive a motorcycle with the seat for the driver so positioned that the driver, when sitting astride the seat with the motorcycle in a stopped and upright position, cannot reach the ground with both feet simultaneously.


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ê1971 Statutes of Nevada, Page 1469 (Chapter 633, AB 285)ê

 

      Sec. 22.  (Deleted by amendment.)

      Sec. 23.  A person shall not drive a motorcycle equipped with handlebars which are more than 15 inches in height above the uppermost portion of the driver’s seat when such seat is depressed by the weight of the driver.

      Sec. 24.  The driver of a motorcycle shall drive with one hand on each handlebar at all times, except when such driver is making an arm signal for a turn.

      Sec. 25.  A person shall not drive a motorcycle unless the wheels are protected by fenders to prevent the throwing of rocks, dirt, water or other substances to the rear.

      Sec. 26.  1.  The department of motor vehicles shall adopt standards for protective headgear and protective glasses, goggles or face shields to be worn by the drivers and passengers of motorcycles and transparent windscreens for motorcycles.

      2.  Except as provided in subsections 3 and 4, when any motorcycle is being driven on a highway, the driver and passenger shall wear protective headgear securely fastened on the head and protective glasses, goggles or face shields meeting such standards.

      3.  When a motorcycle is equipped with a transparent windscreen meeting such standards, the driver and passenger are not required to wear glasses, goggles or face shields.

      4.  When a motorcycle is being driven in a parade authorized by a local authority, the driver and passenger are not required to wear the protective devices provided for in this section.

      Sec. 27.  1.  A person shall not sell, offer for sale or distribute any protective headgear, glasses, goggles or face shields for use by any drivers or passengers of motorcycles or transparent windscreens for motorcycles unless such equipment is of a type and specification meeting the standards therefor adopted by the department of motor vehicles.

      2.  The provisions of this section shall not prohibits the sale of protective headgear, glasses, goggles or face shields which comply with the rules and regulations adopted by the United States Department of Transportation.

      Sec. 27.2.  1.  Every motorcycle upon a highway of this state at any time from one-half hour after sunset to one-half hour before sunrise and at any other time when, because of insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead shall display lighted lamps and illuminating devices as respectively required in this chapter.

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

      Sec. 27.5.  1.  Every motorcycle shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as required by this chapter, shall emit a red light plainly visible from a distance of 500 feet to the rear.

      2.  Such lamp shall be wired to be lighted whenever the headlamp is lighted.

      Sec. 27.8.  1.  Every motorcycle manufactured after January 1, 1972, shall be equipped with electric turn signal lamps.


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ê1971 Statutes of Nevada, Page 1470 (Chapter 633, AB 285)ê

 

      2.  Such lamps shall be located on the front and rear and shall indicate an intention to turn by flashing lights in the direction toward which the turn is to be made.

      3.  The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit white or amber light, or any shade of light between white and amber.

      4.  The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit red or amber light, or any shade of light between red and amber.

      Sec. 28.  1.  Every motorcycle shall be equipped with at least one and not more than two headlamps.

      2.  Every such headlamp shall be located at a height of not more than 54 inches nor less than 24 inches from the ground as measured from the center of the lamp to the level ground upon which such motorcycle stands without a load.

      Sec. 29.  1.  Every motorcycle shall carry on the rear at least one reflector, which shall be mounted at a height not less than 20 inches nor more than 60 inches from the ground as measured from the center of the reflector to the level ground upon which such motorcycle stands without a load. 

      2.  Each such reflector shall be of a size and character and so mounted as to be visible at night from all distances within 300 feet when directly in front of lawful upper beams of headlamps.

      Sec. 30.  Every motorcycle shall be equipped with brakes adequate to control the stopping and holding as prescribed in NRS 484.593 and 484.595.

      Sec. 31.  Every motorcycle shall be equipped with two mirrors, each containing a reflection surface not less than 3 inches in diameter, with one mirror mounted on each handlebar, in positions enabling the driver to view clearly the highway for a distance of 200 feet to the rear.

      Sec. 32.  A person driving a motorcycle upon a highway is entitled to all the rights and subject to all the duties applicable to the drivers of motor vehicles as provided by law, except those provisions which by their nature can have no application.

      Sec. 33.  Every motorcycle when being driven on the highway is entitled to full use of the traffic lane it is occupying, and a person shall not drive another motor vehicle in a manner which would deprive any such motorcycle of such use.

      Sec. 34.  1.  A person, except a police officer in the performance of his duty, shall not drive a motorcycle between moving or stationary vehicles occupying adjacent traffic lanes.

      2.  Except as provided in subsection 3, a person shall not drive a motorcycle abreast of or overtake or pass another vehicle within the same traffic lane.

      3.  Motorcycles may, with the consent of the drivers, be operated no more than two abreast in a single traffic lane.

      Sec. 35.  1.  Every motorcycle driven on a highway shall be equipped with an effective and operating muffler.

      2.  Any person found guilty of operating a motorcycle on which the muffler has been altered to permit the use of the motorcycle without the muffler in operation shall, in addition to the penalty imposed under section 38 of this act, automatically have his license suspended for 6 months for the first offense and, for each subsequent offense, shall have his license suspended for 1 year.


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ê1971 Statutes of Nevada, Page 1471 (Chapter 633, AB 285)ê

 

muffler has been altered to permit the use of the motorcycle without the muffler in operation shall, in addition to the penalty imposed under section 38 of this act, automatically have his license suspended for 6 months for the first offense and, for each subsequent offense, shall have his license suspended for 1 year.

      Sec. 36.  Every person driving a motorcycle shall manually deliver his license to drive a motorcycle to any police officer or court upon request therefor by such officer or court.

      Sec. 37.  All money collected under this chapter shall be deposited at least once each month with the state treasurer, who shall deposit the money to the credit of the state highway fund.

      Sec. 38.  Any person violating any provisions of this chapter is guilty of a misdemeanor.

      Sec. 39.  NRS 481.180 is hereby amended to read as follows:

      481.180  The duties of the personnel of the Nevada highway patrol shall be:

      1.  To police the public highways of this state, and to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada; and they shall have the powers of police officers with respect to traffic law violations and other offenses committed over and along the highways of this state.

      2.  To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence for the purpose of prosecuting the person or persons guilty of any violation of the law contributing to the happening of such accident.

      3.  To act as field agents and inspectors in the enforcement of the motor vehicle registration law (chapter 482 of NRS).

      4.  To act as field agents, inspectors and instructors in carrying out the provisions of the operators’ and chauffeurs’ licensing law (chapter 483 of NRS).

      5.  To act as field agents and inspectors of the department of motor vehicles in the enforcement of the motor vehicle carrier law (chapter 706 of NRS).

      6.  To act as field agents and inspectors of the Nevada tax commission in the enforcement of the laws of this state relating to the imposition and collection of taxes on gasoline used in and for motor vehicles on the public highways of this state (chapter 365 of NRS).

      7.  To act as field agents and inspectors of the Nevada tax commission until July 1, 1959, and thereafter of the department of motor vehicles in the enforcement of chapter 366 of NRS relating to the imposition and collection of taxes on special fuels used in and for motor vehicles on the public highways of this state.

      8.  To act as field agents and inspectors in the enforcement of the laws relating to motor vehicle safety responsibility, power cycles, motorcycles and garages, repair shops and parking area keepers (chapters 485, 486 and 487 of NRS).

      9.  To perform such other duties in connection with each and all of the above-specified duties, and consistent therewith, as may be imposed by the director of the department of motor vehicles.


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ê1971 Statutes of Nevada, Page 1472 (Chapter 633, AB 285)ê

 

      Sec. 40.  NRS 484.083 is hereby amended to read as follows:

      484.083  “Motorcycle” means every motor vehicle equipped with a seat or saddle for the use of the driver and [propelled by a motor or engine of more than 70 cc. displacement which produces more than 6½ horsepower, and is] designed to travel on not more than three wheels in contact with the ground, including a power cycle but excluding a tractor.

      Sec. 41.  NRS 484.549 is hereby amended to read as follows:

      484.549  1.  Every motor vehicle, other than a motorcycle, shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this chapter.

      2.  [Every motorcycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of this chapter.

      3.]  Every head lamp upon every motor vehicle shall be located at a height, measured from the center of the head lamp, of not more than 54 inches nor less than 24 inches to be measured in the manner set forth in NRS 484.547.

      [4.] 3.  Snow removal equipment used in clearing snow from highways and other special mobile equipment which by the nature of its design makes it impracticable to comply with the requirements of subsection 3 may have such head lamps located at a height higher than 54 inches.

      Sec. 42.  NRS 484.587 is hereby amended to read as follows:

      484.587  Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp, or combination thereof, on motor vehicles other than motorcycles [or motor-driven cycles] shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:

      1.  There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading.

      2.  There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight, level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

      3.  Every new motor vehicle, other than a motorcycle, [or motor-driven cycle,] registered in this state after January 1, 1956, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.

      Sec. 43.  NRS 484.593 is hereby amended to read as follows:

      484.593  1.  Every motor vehicle, trailer, semitrailer and pole trailer, and any combination of such vehicles operating upon a highway shall be equipped with brakes in compliance with the requirements of this chapter.


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ê1971 Statutes of Nevada, Page 1473 (Chapter 633, AB 285)ê

 

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

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

      (b) Trailers, semitrailers and house trailers under 1,500 pounds gross weight, except as provided in subsection 6; and

      (c) Pole dollies when used in the transportation of poles at a speed of 20 miles per hour or less by a public utility or agency engaged in the business of supplying electricity or telephone service, when such transportation is between storage yards or between a storage yard and a job location where such poles are to be used,

shall be equipped with service brakes complying with the performance requirements of NRS 484.595 and adequate to control the movement of and to stop and hold such vehicle under all conditions of loading, and on any grade incident to its operation.

      3.  Every such vehicle and combination of vehicles, except motorcycles, [power cycles and motor-driven cycles,] shall be equipped with parking brakes adequate to hold the vehicle or combination of vehicles on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver’s muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power-assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brakedrums, brakeshoes and liming assemblies, brakeshoe anchors and mechanical brakeshoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part will not leave the vehicle without operative brakes.

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

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

      (b) Any vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of NRS 484.595.

      (c) Trucks and truck tractors having three or more axles, which need not have brakes on the front wheels, except that when such vehicles are equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. However, such trucks and truck tractors must be capable of complying with the performance requirements of NRS 484.595.

      (d) Special mobile equipment

      (e) The wheel of a sidecar attached to a motorcycle [or to a motor-driven cycle or the front wheel of a motor-driven cycle,] which need not be equipped with brakes if such motorcycle [or motor-driven cycle] is capable of complying with the performance requirements of NRS 484.595.


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ê1971 Statutes of Nevada, Page 1474 (Chapter 633, AB 285)ê

 

be equipped with brakes if such motorcycle [or motor-driven cycle] is capable of complying with the performance requirements of NRS 484.595.

      5.  Every trailer, semitrailer and pole trailer equipped with air- or vacuum-actuated brakes and every trailer, semitrailer and pole trailer with a gross weight in excess of 3,000 pounds, manufactured or assembled after July 1, 1969, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least 15 minutes, upon breakaway from the towing vehicle.

      6.  Every trailer, semitrailer, house trailer or pole trailer of 1,500 pounds or more gross weight or equaling more than 40 percent of the towing vehicle shall be equipped with brakes on at least two wheels.

      7.  Except as otherwise provided by law, every motor vehicle used to tow a trailer, semitrailer or pole trailer equipped with brakes shall be equipped with means for providing that, in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes.

      8.  Air brake systems installed on trailers shall be so designed that the supply reservoir used to provide air for the brakes is safeguarded against backflow of air from the reservoir through the supply line.

      Sec. 44.  NRS 484.621 is hereby amended to read as follows:

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

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

      3.  Every such motor vehicle manufactured after July 1, 1969, which is equipped with a windshield shall be equipped with two windshield wipers, one mounted on the right half and one on the left half of the windshield.

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

      Sec. 45.  NRS 484.121, 484.515, 486.010, 486.020, 486.030, 486.040, 486.050, 486.060, 486.070, 486.080, 486.085, 486.090, 486.100, 486.105, 486.110, and 486.120 are hereby repealed.

      Sec. 46.  This act shall become effective on January 1, 1972.

 

________


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ê1971 Statutes of Nevada, Page 1475ê

 

CHAPTER 634, AB 426

Assembly Bill No. 426–Mr. Dreyer

CHAPTER 634

AN ACT relating to elections; adopting extensive provisions relating to voting machines; providing a penalty; and providing other matters properly relating thereto.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 105, inclusive, of this act.

      Sec. 2.  As used in sections 3 to 105, inclusive, of this act, the words and terms defined in sections 3 to 12, inclusive, of this act.

      Sec. 3.  “Ballot label” means that portion of cardboard, paper or other material placed on the front of the machine, containing the names of the candidates or a statement of a measure.

      Sec. 4.  “Clerk” means the county clerk or other officer having charge of elections in any county or city in this state.

      Sec. 5.  “Counters” means the counters on which are registered the votes cast.

      Sec. 6.  “Diagram” means the sample ballot which is an illustration of the official ballot placed upon the machine, showing the names of the parties, offices and candidates, and statements of the measures in their proper places, together with the voting device to be used.

      Sec. 7.  “Irregular ballot” means the paper or other material on which a vote is cast for persons whose names do not appear on the ballot labels.

      Sec. 8.  “Model” means a mechanically operated model of a portion of the face of the machine illustrating the manner of voting.

      Sec. 9.  “Public counter” or “protective counter” means a counter or device that will register each time the machine is operated.

      Sec. 10.  “Statement of votes cast” means a statement and return in book or sheet form of the votes cast at any election together with suitable certificates of its correctness.

      Sec. 11.  “Vote indicator” means those devices with which votes are indicated.

      Sec. 12.  “Voting machine booth” means the enclosure occupied by the voter when voting.

      Sec. 13.  At all statewide, county, city and district elections of any kind held in this state, ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in sections 15 to 105, inclusive, of this act.

      Sec. 14.  The provisions of all state laws relating to elections and of any city charter or ordinance not inconsistent with sections 15 to 105, inclusive, of this act apply to all elections in districts or precincts where voting machines are used.

      Sec. 15.  Any provision of law or of any city charter or ordinance which conflicts with sections 15 to 105, inclusive, of this act shall not apply to the districts or precincts in which voting machines are used. All acts, parts of acts, city charters or ordinances, in conflict with any of the provisions of sections 15 to 105, inclusive, of this act, are of no force or effect in election districts or precincts where voting machines are used.


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ê1971 Statutes of Nevada, Page 1476 (Chapter 634, AB 426)ê

 

provisions of sections 15 to 105, inclusive, of this act, are of no force or effect in election districts or precincts where voting machines are used.

      Sec. 16.  The provisions of sections 15 to 105, inclusive, of this act shall be liberally construed so that the intent of the electors will not be defeated by any informality or failure to comply with all of the provisions of the law.

      Sec. 17.  The clerk in any county using voting machines or vote-tabulating devices shall inspect the machines or devices once every 2 years to determine whether they are tabulating votes accurately, but no such inspection shall be made within the 6-month period prior to any statewide election. The inspection shall be made in accordance with regulations adopted and promulgated by the secretary of state.

      Sec. 18.  1.  If the clerk has reason to believe that a local inspection of voting machines or vote-tabulating devices is not adequate, he may cause the machines or devices to be reexamined, at any time prior to 6 months before a statewide election, to insure that they tabulate votes accurately.

      2.  For the purpose of reexamining a voting machine or vote-tabulating device the clerk may employ not more than three expert technicians at a cost of not more than $5 per hour for each technician employed. The compensation of the technicians shall be paid by the county using the machine or device examined.

      Sec. 19.  A copy of each election computer program for an election in the state shall be filed with the secretary of state at least 1 week before the election. Copies of any subsequent alterations in the program shall be filed in the same manner prior to the election.

      Sec. 20.  A voting machine shall secure to the voter secrecy in the act of voting.

      Sec. 21.  A voting machine shall provide facilities for voting for the candidates of as many political parties or organizations as may make nominations, and for or against measures.

      Sec. 22.  A voting machine shall permit the voter to vote for any person for any office for which he has the right to vote, but none other.

      Sec. 23.  A voting machine shall, except at primary elections, permit the voter to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties.

      Sec. 24.  A voting machine shall permit the voter to vote for as many persons for an office as he is lawfully entitled to vote for, but no more.

      Sec. 25.  A voting machine shall prevent the voter from voting for the same person more than once for the same office.

      Sec. 26.  A voting machine shall permit the voter to vote for or against any measure he may have the right to vote on, but none other.

      Sec. 27.  A voting machine shall correctly register or record all votes cast for any and all persons and for or against any and all measures.

      Sec. 28.  When used in primary elections a voting machine shall be so equipped that the election officials can lock out all rows except those of the voter’s party by a single adjustment on the outside of the machine.

      Sec. 29.  A voting machine shall be provided with a lock or locks by which all operation of the registering mechanism can be prevented as soon as the polls are closed.


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

ê1971 Statutes of Nevada, Page 1477 (Chapter 634, AB 426)ê

 

      Sec. 30.  1.  A voting machine shall be provided with a protective counter whereby any operating or tampering with the machine before or after the election will be detected.

      2.  The protective counter or protective device shall be so constructed and so connected that it cannot be reset, altered or operated, except by operating the machine.

      Sec. 31.  A voting machine shall be provided with a counter which shall show at all times during an election how many persons have voted.

      Sec. 32.  A voting machine shall be provided with a mechanical model, suitable for the instruction of voters, illustrating the manner of voting on the machine.

      Sec. 33.  1.  A voting machine shall provide in the general election for grouping, under the name of the office to be voted on, all the candidates for the office with the designation of the parties, if any, by which they were respectively nominated.

      2.  The designation may be by usual or reasonable abbreviation of party names.

      Sec. 34.  Voting machines shall provide for the same order of the list of candidates for any office as on ballots where voting machines are not used.

      Sec. 35.  The voting devices for the candidates at primary elections shall be arranged in separate parallel party lines, one or more lines for each party, and in parallel office rows transverse thereto, and for general elections shall conform as nearly as practicable to the form of ballot provided for general elections where voting machines are not used.

      Sec. 36.  1.  If the voting machine is so constructed that a voter can cast a vote in part for presidential electors of one party and in part for those of one or more other parties or those not nominated by any party, it may also be provided with:

      (a) One device for each party for voting for all the presidential electors of that party by one operation; and

      (b) A ballot label therefor containing only the words “presidential electors” preceded by the name of the party and followed by the names of its candidates for the offices of President and Vice President; and

      (c) A registering device therefor which shall register the vote cast for the electors when thus voted collectively.

      2.  If a voting machine is so constructed that a voter can cast a vote in part for delegates to a national party convention of one party and in part for those of one or more other parties or those not nominated by any party, it may be provided with one device for each party for voting by one operation for each group of candidates to national conventions which may be voted for as a group according to the law governing presidential primaries.

      Sec. 37.  No straight party voting device shall be used except for delegates to a national convention or for presidential electors.

      Sec. 38.  A voting machine may be equipped with a device or devices which embosses, prints or photographs the numbers registered on the counters. The device or devices shall produce a proof sheet prior to the opening of the polls to provide accurate proof of machine setup, and a statement of returns of votes cast in a minimum of three copies which provides totals for each candidate, measures, public counter and the serial number of the machine.


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

ê1971 Statutes of Nevada, Page 1478 (Chapter 634, AB 426)ê

 

provides totals for each candidate, measures, public counter and the serial number of the machine.

      Sec. 39.  The board of county commissioners of any county or city council or other governing body of any city may adopt for use at elections any kind of voting machine approved by the commission or the use of which has been specifically authorized by law. The voting machine may be used at any or all elections held in such county or city, for voting, registering and counting votes cast.

      Sec. 40.  Voting machines of different kinds may be adopted for different districts in the same county or city.

      Sec. 41.  The board of county commissioners or city council or other governing body of any city which adopts voting machines, as soon as practicable after adopting them, shall provide for each polling place one or more voting machines in complete working order. When the machines are not in use at an election, such board, council or governing body shall have the custody of them and of the furniture and equipment of the polling place.

      Sec. 42.  If it is impracticable to supply each election district with a voting machine at any election following their adoption, the board of county commissioners or city council or other governing body of any city may supply as many as it is practicable to procure, and may specify in which election district or precincts within its jurisdiction the machines will be used.

      Sec. 43.  The board of county commissioners or city council or other governing body of any city, without formally adopting a machine which it might lawfully adopt, may provide for its experimental use at an election in one or more precincts. Its use at the election is as valid for all purposes as if it were lawfully adopted.

      Sec. 44.  The board of county commissioners or city council or other governing body of any city may provide for the payment of the costs of a voting machine in such manner and by such method as they may deem for the best local interests, and also may for that purpose issue bonds, certificates of indebtedness, or other obligations which shall be a charge on the county or city. The bonds, certificates, or other obligations may be issued with or without interest, payable at such time as the authorities may determine, but shall not be issued or sold at less than par.

      Sec. 45.  The ballot label shall be printed by the clerk in black ink on clear material of such size as will fit the machine, of such color as may be determined by the clerk, and in as plain, clear type as the space will reasonably permit.

      Sec. 46.  The list of offices and candidates and the statements of measures used on the voting machines is an official ballot.

      Sec. 47.  The clerk shall furnish sufficient ballot labels for the voting machines used at any election.

      Sec. 48.  The officers charged with the duty of providing ballots for any polling place shall provide the polling place with two sample ballots, which shall be arranged in the form of a diagram showing that part of the face of the voting machine which will be in use at that election.

      Sec. 49.  The sample ballots shall be either in full or reduced size and shall contain suitable illustrated directions for voting on the voting machine.


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

ê1971 Statutes of Nevada, Page 1479 (Chapter 634, AB 426)ê

 

shall contain suitable illustrated directions for voting on the voting machine.

      Sec. 50.  The sample ballots shall be open to public inspection at the polling place during the election day.

      Sec. 51.  If the ballot is larger than the voting machine can accommodate, the clerk may place the ballot upon more than one voting machine or place part of the ballot upon the voting machine and the remainder upon paper.

      Sec. 52.  Where both voting machines and paper ballots are used, the names of candidates shall as far as possible be placed upon the voting machines.

      Sec. 53.  The laws relating to voting machines and paper ballots generally, so far as applicable, shall apply respectively to that part voted upon voting machines and that part voted upon paper.

      Sec. 54.  The ballot labels shall be delivered to the officer in charge of the voting machines at least 10 days before the election.

      Sec. 55.  The officers charged with the duty of creating election precincts, at any time on or before the 30th day preceding any election, may create, unite, divide or combine the election precincts in which voting machines are to be used.

      Sec. 56.  The clerk shall place the proper ballot labels on the machines, corresponding with the sample ballots provided for in sections 15 to 105, inclusive, of this act, and shall put the machine in order, ready for use in voting.

      Sec. 57.  For the purpose of labeling, putting in order, setting and arranging the machine, the clerk shall employ competent persons, who shall be sworn to perform their duties honestly and faithfully.

      Sec. 58.  The clerk shall not appoint any person to label, put in order, set or arrange any voting machine unless he is fully qualified to perform his duties in connection with the complete preparation of the machines for the election and the instruction of the election officers and voters.

      Sec. 59.  The assistants referred to in sections 57 and 58 of this act shall, under the direction of the clerk, label, put in order, set, arrange and deliver the machines to the polling places of the election district in which the election is to be held, together with all furniture and appliances necessary for the proper conduct of the election, at least 5 hours before the time set for the opening of the polls on election day.

      Sec. 60.  In preparing a voting machine for an election, the clerk shall, according to the printed directions furnished, thoroughly test the machine and arrange the machine and the ballot labels so that the machine will in every particular meet with the requirements for voting and counting at the election.

      Sec. 61.  1.  Before preparing a voting machine for any general election, the clerk shall mail written notice to the chairman of the county central committee of at least two of the principal political parties, stating the time and place where machines will be prepared. At the specified time one representative of each of the political parties shall be afforded an opportunity to see that the machines are in proper condition for use in the election.


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

ê1971 Statutes of Nevada, Page 1480 (Chapter 634, AB 426)ê

 

      2.  The party representatives shall be sworn to perform faithfully their duties but shall not interfere with the officials or assume any of their duties. When a machine has been so examined by the representatives, it shall be sealed with a numbered metal seal. The representatives shall certify to:

      (a) The number of the machines.

      (b) Whether all of the counters are set at zero (000).

      (c) The number registered on the protective counter.

      (d) The number on the seal.

      Sec. 62.  After the preparation of the machines, someone duly authorized by the board of county commissioners, city council or other governing body of any city, other than the person who has prepared them for the election, shall inspect each machine and report in writing:

      1.  Whether all of the registering counters are set at zero (000).

      2.  Whether the machine is arranged in all respects in good order for the election and locked.

      3.  The number registered on the protective counter.

      4.  The number on the seal.

      Sec. 63.  When a voting machine has been properly prepared for election, it shall be locked against voting and sealed. The keys shall be delivered to the board of county commissioners, city council or other governing body of the city together with a written report, made on blanks furnished, stating that it is in every way properly prepared for the election.

      Sec. 64.  All voting machines shall be transferred to the polling places in charge of an authorized official, who shall certify to their delivery in good order.

      Sec. 65.  Every voting machine shall be furnished with a light sufficient to enable voters while in the booth to read the ballot labels and suitable for use by the election officers in examining the counters. The light shall be in good order for use before the opening of the polls.

      Sec. 66.  All voting machines used in any election shall be provided with a screen so adjusted as to conceal completely the voter and his action while voting.

      Sec. 67.  Within a reasonable time before each election, the clerk shall instruct the election board in the use of the machine, and in their duties in connection with the use of the machine.

      Sec. 68.  An election board shall not serve in any election at which a voting machine is used unless they have received instruction and are fully qualified to perform their duties in connection with the machine.

      Sec. 69.  For the purpose of giving instruction in the use of voting machines, the clerk shall call any meeting of the election board which may be necessary. The election board of each election precinct in which a voting machine is used shall attend any meeting called for the purpose of receiving instruction concerning their duties and necessary for the proper conduct of the election with the machine.

      Sec. 70.  The clerk shall keep an attendance record of those election officials receiving instruction in the use of the machine and in their duties in connection with the use of the machine. The clerk shall certify to the attendance record that it is a list of election officers who have been instructed pursuant to section 67 of this act. The list, when so certified, shall be prima facie evidence that the election officials have been properly instructed in their duties.


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ê1971 Statutes of Nevada, Page 1481 (Chapter 634, AB 426)ê

 

shall be prima facie evidence that the election officials have been properly instructed in their duties.

      Sec. 71.  Sections 56 to 80, inclusive, of this act shall not prevent the appointment and service of an election board to fill a vacancy in an emergency.

      Sec. 72.  Not later than 12 hours before the time for opening the polls, the clerk shall deliver to the inspector or one of the members of the election board, in a sealed envelope, the keys for the voting machine. On this envelope shall be written the designation and location of the election precinct, the number of the voting machine, the number or other designative mark on the seal, and the number registered on the protective counter.

      Sec. 73.  A receipt shall be taken on the blank attached to the envelope containing the keys for the voting machine.

      Sec. 74.  The clerk shall also deliver to the polling place two diagrams, one envelope containing the seal for sealing the machine after the polls are closed, one envelope for the return of the keys, one statement of the result of the vote cast or as many as are necessary and all other supplies necessary for conducting the election.

      Sec. 75.  The election board shall meet at the polling place at least three-quarters of an hour before the time set for the opening of the polls at each election, and shall proceed to arrange for the proper conduct of the election.

      Sec. 76.  The election board shall cause at least two instruction cards to be posted conspicuously within the polling place.

      Sec. 77.  The envelope containing the keys to the voting machine shall not be opened until at least two members of the voting board are present at the polling place and have examined the envelope to see that it has not been opened.

      Sec. 78.  1.  Before opening the envelope containing the keys to the voting machine, all election officials present shall examine the number on the seal on the machine and the number registered on the protective counter, and shall see if they are the same as the numbers written on the envelope containing the keys. If the numbers on the seal and protective counter are found to agree with the numbers on the envelope, the inspectors shall proceed to open the doors concealing the counters.

      2.  If the machine is provided with a device or devices which embosses, prints or photographs the counters, in lieu of opening the counter compartment door the election officers shall proceed to operate the mechanism provided to produce one “before election proof sheet” showing whether the candidate and measure counters register “000”.

      Sec. 79.  Before the polls are open for election, each precinct official shall carefully examine every counter or every counter reading on the “before election proof sheet” and see that it registers zero (000), and they shall be subject to the inspection of the official watchers. The machine shall remain locked against voting until the polls are formally opened, and shall not be operated except by voters in voting.

      Sec. 80.  If any counter is found not to register zero (000), the precinct officials shall immediately make a written statement of the designating letter and number of such counter, together with the number registered on the counter, and shall sign and post it upon the wall of the polling room, where it shall remain throughout the election day.


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ê1971 Statutes of Nevada, Page 1482 (Chapter 634, AB 426)ê

 

polling room, where it shall remain throughout the election day. If the machine is provided with a recording device or devices which embosses, prints or photographs the counters, in lieu of making a written statement the “before election proof sheet” shall be marked to show any counter not registering zero (000) by circling or underscoring. In filling out the statement of return of votes cast, the election board shall subtract that number from the number then registered on the counter.

      Sec. 81.  The exterior of the voting machine and every part of the polling place shall be in plain view of the election officials and watchers. The voting machine shall be placed at least 4 feet from the poll clerk’s table.

      Sec. 82.  The voting machine shall be so located in the polling place that, unless its construction requires otherwise, the ballot labels on the face of the machine, when not in use by voters, can be plainly seen by the election officials.

      Sec. 83.  The election official attending the machine shall inspect the face of the machine after each voter has cast his vote, to see that the ballot labels are in their proper places.

      Sec. 84.  After the opening of the polls, the election board shall not allow any voter to enter the voting machine until they ascertain that he is entitled to vote.

      Sec. 85.  Before each voter enters the voting machine, the election board shall, so far as possible, inform him how to operate the machine, illustrate its operation upon the model of the machine, and call his attention to the diagram. If any voter, after entering the voting machine, asks for information regarding its operation, the election board shall give him the necessary information.

      Sec. 86.  A voter shall not remain within the voting machine booth longer than 2 minutes. If he refuses to leave it after the lapse of 2 minutes, he may be removed by the election board.

      Sec. 87.  In each election district where voting machines are used, statements of the results of the vote cast shall be printed to conform with the type of voting machine used. The statements shall be printed on a form approved by the secretary of state.

      Sec. 88.  The designating number and letter on the counter for each candidate shall be printed next to the candidate’s name on the statements of result of the vote cast. Two such statements shall be used in each election district.

      Sec. 89.  1.  The election board shall, before they adjourn, post conspicuously on the outside of the polling place a copy of the result of the votes cast at the polling place. The copy of the result shall be signed by the election board and attested by the clerk.

      2.  If the machine is provided with a recording device, the statement of return of votes cast produced by operating its mechanism may be considered the “result of the votes cast” at the polling place.

      Sec. 90.  The election board shall immediately transmit unsealed to the clerk a copy of the result of the votes cast at the polling place, which copy shall be signed by the election board and shall be open to public inspection.

      Sec. 91.  The statement of result of votes cast, which shall be certified by the election board, shall show the total number of votes cast and the number of votes cast for each candidate and measure as shown on each counter.


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ê1971 Statutes of Nevada, Page 1483 (Chapter 634, AB 426)ê

 

the number of votes cast for each candidate and measure as shown on each counter.

      Sec. 92.  The statement of result of votes cast shall also contain:

      1.  Printed directions to the election officials for their guidance before the polls are opened and when the polls are closed.

      2.  A certificate which shall be signed by the election officials before the polls are opened, showing:

      (a) The delivery of the keys in a sealed envelope.

      (b) The number on the seal.

      (c) The number registered on the protective counter.

      (d) Whether all of the counters are set at zero (000).

      (e) Whether the public counter is set at zero (000).

      (f) Whether the ballot labels are properly placed in the machine.

      3.  A certificate which shall be filled out after polls have been closed, showing:

      (a) That the machine has been locked against voting and sealed.

      (b) The numbers of voters as shown on the public counter.

      (c) The number on the seal.

      (d) The number registered on the protective counter.

      (e) That the voting machine is closed and locked.

      Sec. 93.  1.  As soon as the polls are closed, the election board, in the presence of the watchers and all others lawfully present, shall immediately lock the voting machine against voting and open the counting compartments, giving full view of all counter numbers. The inspector shall, in the order of the offices as their titles are arranged on the machine, read and distinctly announce the designating number and letter on each counter for each candidate’s name and the result as shown by the counter numbers. He shall also in the same manner announce the vote on each measure.

      2.  If the machine is provided with a recording device, in lieu of opening the counter compartment the election board shall proceed to operate the mechanism to produce the statement of return of votes cast record in a minimum of three copies. One copy of the statement of return of votes cast for each machine shall be posted upon the outside wall of the precinct for all to see. The statement of return of votes cast for each machine for the precinct shall constitute the precinct statement of return of votes cast.

      Sec. 94.  1.  A member of the election board shall enter the vote, as registered, on the statements of result of votes cast, in the same order on the space which has the same designating number and letter, after which another member shall verify the figures by calling them off in the same manner from the counters of the machine. The counter compartment of the voting machine shall remain open until the official returns and all other reports have been fully completed and verified by the election board.

      2.  If the machine is provided with a recording device, the alternate procedures in section 93 of this act may be used.

      Sec. 95.  1.  During the reading of the result of votes cast, any candidate or watcher who may desire to be present shall be admitted to the polling place. The proclamation of the result of the votes cast shall be distinctly announced by the election board, who shall read the name of each candidate, with the designating number and letter of his counter, and the vote registered on such counter. The board members shall also read the vote cast for and against each measure submitted.


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

ê1971 Statutes of Nevada, Page 1484 (Chapter 634, AB 426)ê

 

vote cast for and against each measure submitted. During the proclamation ample opportunity shall be given to any person lawfully present to compare the result so announced with the counter dials of the machine, and any necessary corrections shall then and there be made by the election board, after which the doors of the voting machine shall be closed and locked.

      2.  If the machine is provided with a recording device, the alternate procedures in section 93 of this act may be used.

      Sec. 96.  Before adjourning, the election board shall seal the operating lever with the seal provided and lock the machine so that the voting and counting mechanism may not be operated.

      Sec. 97.  The election board as soon as the count is complete and fully ascertained, shall lock the machine against voting, and it shall remain locked and sealed against operation until the time for filing a contest of election has expired.

      Sec. 98.  1.  Before proceeding to canvass the returns of an election at which voting machines have been used to register the votes cast, the persons authorized to canvass returns shall unseal the machines and take off and record the records of votes cast for the several candidates voted for and for and against the several measures voted upon. Each voting machine shall immediately be resealed.

      2.  If the machine is provided with a recording device in lieu of unsealing the machine, the persons canvassing the returns shall inspect the statement of return of votes cast record. However for good and sufficient cause such persons shall proceed as outlined above.

      Sec. 99.  Whenever it appears that there is a discrepancy in the returns of any election precinct, the clerk shall summon the election board of that precinct, and they shall, in the presence of the clerk, make a record of the number of the seal and the number of the protective counter, open the counter compartment of the machine, without unlocking the machine against voting, and recanvass the vote cast on the machine.

      Sec. 100.  The election board shall enclose the keys of the machine in an envelope, which shall be supplied by the officials, on which envelope they shall write the number of the machine, the number on the seal, the number registered on the protective counter, and the precinct and other district where it has been used. They shall securely seal, endorse, and return the envelope to the officer from whom the keys were received.

      Sec. 101.  A public officer who is entitled by law to the custody of a machine for any period of time is entitled to the keys for the machine while it is in his charge.

      Sec. 102.  All election officers or persons entrusted with the keys of a voting machine for election purposes, or in the preparation of the machine for election purposes, shall not retain the keys longer than necessary to use them for those purposes.

      Sec. 103.  Notwithstanding any other provision of law, a county, city or district using voting machines or vote-tabulating devices may use reasonable facsimiles of the sample ballots sent the voters of the county as absent ballots.

      Sec. 104.  The clerk may count absent ballots by the use of a voting machine or vote-tabulating device subject to the following:


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

ê1971 Statutes of Nevada, Page 1485 (Chapter 634, AB 426)ê

 

      1.  All interested persons shall be afforded the opportunity to be present.

      2.  No vote shall be counted unless there are at least three persons observing the counting procedure.

      3.  The voting machine or device shall be inspected, all of its registering counters set at zero (000) and locked.

      4.  The clerk pursuant to the provisions of section 57 of this act may appoint persons to assist in the counting of these ballots.

      5.  No vote shall be registered in the voting machine or device unless all persons present are in agreement that the voting machine or device reflects exactly the vote of the ballot being counted.

      6.  When the votes of all absent ballots have been registered in the voting machine or device, the results of the votes cast shall be tabulated in the same manner as the results from other voting machines or devices.

      Sec. 105.  Any person who, before or during an election, tampers with any voting machine, interferes or attempts to interfere with the correct operation of a voting machine or the secrecy of voting, or willfully injures a voting machine to prevent its use, and any unauthorized person who makes or has in his possession a key to a voting machine that has been adopted and will be used in elections in this state, is guilty of a felony.

      Sec. 106.  NRS 293.237 is hereby amended to read as follows:

      293.237  [1.]  In each county where voting machines are used, the election board for each precinct or district with one voting machine shall consist of not less than three members, two of whom shall act as clerks to record the application and polling of registered voters. The third shall act as an attendant to admit registered voters to vote on the machine. Where more than one voting machine is used, there shall be appointed an additional attendant for each additional machine.

      [2.  No member of an election board, in a precinct or district where a voting machine is used, may serve in any election unless he has received instruction relating to the operation of voting machines, and has received certification from the county clerk to that effect.

      3.  This section shall not prevent the appointment and service of a member of the precinct or district election board to fill a vacancy in an emergency.

      4.  Such election boards shall perform all the duties required from the time of preparing for the opening of the polls through delivering the supplies and results of votes cast to the county clerk.]

      Sec. 107.  NRS 293.247 is hereby amended to read as follows:

      293.247  1.  The secretary of state shall promulgate rules and regulations, not inconsistent with the election laws of this state, for the conduct of primary and general elections in all counties.

      2.  Such regulations shall prescribe:

      (a) The duties of election boards;

      (b) The type and amount of election supplies;

      (c) The manner of printing ballots and the number of such ballots to be distributed to precincts and districts;

      (d) [Standards for voting machines;

      (e) The manner of preparing, inspecting and placing voting machines;

      (f) The disposition and custody of voting machines, voting machine keys, and voting booths;


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ê1971 Statutes of Nevada, Page 1486 (Chapter 634, AB 426)ê

 

      (g)] The method to be used in distrbuting ballots to precincts and districts;

      [(h)] (e) The method of inspection and the disposition of ballot boxes;

      [(i)] (f) The form and placement of instructions to voters;

      [(j)] (g) The recess periods for election boards;

      [(k)] (h) The size, lighting and placement of voting booths;

      [(l)] (i) The amount and placement of guardrails and other furniture and equipment at voting places;

      [(m)] (j) The disposition of election returns; and

      [(n)] (k) Such other matters as determined necessary by the secretary of state.

      3.  The secretary of state shall prepare and distribute to county clerks the election officer’s digest and instructions for election boards.

      Sec. 108.  NRS 293.250 is hereby amended to read as follows:

      293.250  1.  The secretary of state shall, in a manner consistent with the election laws of this state, prescribe the form of all ballots, absent ballots, diagrams, sample ballots, [ballot labels, voting machine labels,] certificates, notices, declarations, affidavits of registration, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.

      2.  He shall prescribe the arrangement of the matter to be printed on every kind of ballot and label, including:

      (a) The placement and listing of all offices, candidates and issues upon which voting is statewide, which shall be uniform throughout the state.

      (b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and issues upon which voting is not statewide, from which each county clerk shall prepare appropriate ballot forms for use in his county.

      (c) A condensation of each issue or proposition or constitutional amendment into a question not exceeding 25 words, written in easily understood language. Each such condensation shall be placed nearest the spaces or devices for indicating the voter’s choice.

      3.  The names of candidates for township and legislative or special district offices shall be printed only on the ballots [and ballot labels] furnished to voters of such township or district.

      4.  County clerks may divide paper ballots into two sheets in such a manner as to provide a clear understanding and grouping of all questions and candidates.

      Sec. 109.  NRS 293.285 is hereby amended to read as follows:

      293.285  1.  A registered voter applying to vote shall state his name to the election board officer in charge of the election board register and such officer shall immediately announce the name and take the registered voter’s signature. After a registered voter is properly identified at a polling place where ballots are used, one partisan ballot and, if required, one nonpartisan ballot, correctly folded shall be given to such voter and the number of such ballot or ballots shall be written by an election board officer upon the pollbook, opposite the name of the registered voter receiving the ballot or ballots.

      2.  In pollbooks in which voters’ names have been entered, election officers may indicate the application to vote without writing the name.


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

ê1971 Statutes of Nevada, Page 1487 (Chapter 634, AB 426)ê

 

      [3.  Where voting machines are used, an admission authority rather than a ballot shall be issued to the registered voter, and the same procedure as in the case of a ballot shall be followed so far as practicable. Such admission authority shall entitle the registered voter to vote on a voting machine.

      4.  No registered voter may enter any voting machine compartment until the machine’s attendant ascertains that such voter is entitled to vote by his presentation of an admission authority. Before admitting such voter to the compartment, the attendant shall inform him how to operate the machine and illustrate by use of the diagram or model. If any such voter, after entering the voting machine compartment, asks for information regarding the operation of the voting machine, the attendant shall give him the necessary information.]

      Sec. 110.  NRS 293.293 is hereby amended to read as follows:

      293.293  1.  The voter shall mark his ballot in no other manner than by stamping a cross (X) in the square following the name of the candidate for whom he intends to vote for each office, except that in a general election, at which the names of candidates for President and Vice President of the United States are on the ballot, followed by the designation of their party, one vote for the party designated shall constitute a vote for such party’s candidates for President and Vice President.

      2.  If a proposed constitutional amendment or other question is submitted to the registered voters, the cross shall be placed in the square following the answer which the voter chooses to give.

      3.  Before leaving the booth, the voter shall fold his ballot in such a manner that the watermark and the number of the ballot appear on the outside, without exposing how he voted, and shall keep it so folded until he has delivered it to the officer from whom he received it, who shall announce the number of the ballot in an audible voice.

      4.  The election board officer who is in charge of the pollbook shall repeat the number, and mark in the column opposite the number the word “Voted,” or a character indicating the word “Voted.”

      5.  The election board officer who receives the voted ballot shall separate from the ballot the strip bearing the number and shall deposit the ballot in the ballot box in the presence of the voter.

      6.  No ballot may be deposited in the ballot box unless the watermark appears thereon, and until the slip containing the number of the ballot has been removed therefrom by the election board officer. The strip bearing the number shall be retained by the election board officer.

      [7.  When a voter has cast his vote on a voting machine, the attendant shall inspect the face of the machine to see that the ballot label is in its proper place, that no printed matter has been placed in the compartment, and that no other act has been performed which might interfere with subsequent votes.]

      Sec. 111.  NRS 293.387 is hereby amended to read as follows:

      293.387  1.  As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners such board shall meet and proceed to canvass the returns. The canvass shall be completed on or before the 10th day following the election.

      2.  In making its canvass, the board of county commissioners shall:

      (a) Note separately any clerical errors discovered;


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ê1971 Statutes of Nevada, Page 1488 (Chapter 634, AB 426)ê

 

      (b) [In counties where voting machines are used, note and correct any discrepancies discovered by the county clerk in the statements of votes submitted by the precinct election boards; and

      (c)] Take account of the changes resulting from such discovery, so that the results declared will represent the true vote cast.

      3.  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 each candidate. 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 to the secretary of state within 10 days after the day of election.

      4.  The secretary of state shall, immediately after any primary, compile the returns for all candidates voted for in more than one county. He shall make out and file in his office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.

      5.  When the result of any election involving a voting machine is challenged because of a possible malfunctioning voting machine, the board of county commissioners shall unlock, examine and test the counting and voting mechanisms of such machine. In testing such machine, each lever involved in the contested race shall be operated at least 100 times. After completion of such examination a statement shall be prepared by the board of county commissioners conducting the examination. Such statement shall be in writing and shall be witnessed by at least two persons who were present. It shall then be filed with the board of county commissioners and the secretary of state.

      Sec. 112.  NRS 293.027, 293.045, 293.067, 293.083, 293.110, 293.120, 293.123, 293.290, 293.375, 293.377, 293.380, 293.381, 293.473, 293.475 and 293.477 are hereby repealed.

      Sec. 113.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________

 

 

CHAPTER 635, AB 799

Assembly Bill No. 799–Messrs. Valentine, Wilson, Smalley, Glaser, Prince, Swallow and Homer

CHAPTER 635

AN ACT relating to retarded persons, modifying the procedures for determining and collecting fees, additional medical treatment and admittance to institutions for the mentally retarded; and providing other matters properly relating thereto.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 435 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  The superintendent of the Nevada state hospital, if a mentally retarded child is committed to such hospital, or the administrator of the division, if such child is admitted to another facility operated by the division, may authorize the transfer of a committed mentally retarded child to a general hospital for necessary diagnostic, medical or surgical services not available at the Nevada state hospital or other type facility.


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

ê1971 Statutes of Nevada, Page 1489 (Chapter 635, AB 799)ê

 

retarded child is committed to such hospital, or the administrator of the division, if such child is admitted to another facility operated by the division, may authorize the transfer of a committed mentally retarded child to a general hospital for necessary diagnostic, medical or surgical services not available at the Nevada state hospital or other type facility. Such services shall be performed at a hospital designated by the superintendent or administrator; and in no case shall the patient be transported to the county charged with the costs of such patient’s hospitalization unless the superintendent or administrator, as the case may be, deems it convenient to the hospital or other type facility, and in the best interests of the patient. The expense of diagnostic, medical and surgical services furnished by persons not on the hospital staff nor on the staff of the other type facility, whether rendered while the committed mentally retarded child is a patient in a general hospital, an outpatient of a general hospital or treated outside any hospital, and hospitalization incidental and necessary thereto, shall be paid by those made responsible for such patient’s care under the order of commitment, or, in case the parents or guardian of the mentally retarded child are indigent or such child does not have an adequate estate, such charge shall be paid by the county from which the commitment was made.

      Sec. 4.  1.  The administrator of the division is authorized to receive and care for mentally retarded children of the State of Nevada in a facility operated by the division when:

      (a) A person is properly committed to the care of the administrator of the division; or

      (b) Admission of children not over the age of 21 years is requested by a parent, parents or guardian upon application to the administrator of the division,

either under a judicial commitment as provided in paragraph (a) or in a voluntary admission as provided in paragraph (b), space is available in a facility operated by the division which is designed and equipped to treat the patient seeking admission.

      2.  A minor child over 2 years of age may be received, cared for and examined at the Nevada state hospital without commitment, if such examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of subsection 1 of NRS 62.200, in which event the superintendent shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed 15 days after the superintendent’s report.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  The administrator of the division shall establish a fee schedule in consultation with the state association for retarded children and subject to the approval of the mental hygiene and mental retardation advisory board and the director of the department of health, welfare and rehabilitation, for service rendered to the mentally retarded by the division.

      Sec. 7.  Any mentally retarded person committed by court order or voluntarily admitted to a facility operated by the division may be transferred from one facility to another at the discretion of the administrator without further court order.


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

ê1971 Statutes of Nevada, Page 1490 (Chapter 635, AB 799)ê

 

      Sec. 8.  NRS 435.090 is hereby amended to read as follows:

      435.090  1.  When any mentally retarded child is committed to [the Nevada state hospital] a facility operated by the division by a court of competent jurisdiction, the court shall examine the parent, parents or guardian of such child regarding the ability of such parent, parents or guardian or the estate of the child to contribute to the care, support and maintenance of such child while residing in such facility.

      2.  If the court determines that the parent, parents or guardian of the child is able to contribute, it shall enter an order prescribing the amount to be contributed.

      3.  If the court determines that the estate of the child is able to contribute, it shall enter an order requiring that a guardian of the estate of the child be appointed, if there is none, and that the guardian of the estate contribute the amount prescribed by the court from such estate.

      4.  If the parent, parents or guardian fail or refuse to comply with the order of the court, the division is entitled to recover from the parent, parents, or guardian, by appropriate legal action, all sums due together with interest at the rate of 7 percent per annum.

      Sec. 9.  NRS 435.100 is hereby amended to read as follows:

      435.100  1.  When any mentally retarded [child] person is transferred from [the Nevada state hospital to a cottage type group care facility as provided in NRS 435.075] one care facility operated by the division to another care facility operated by the division, the parent, parents or guardian shall continue to contribute such amount for the care, support and maintenance of such child as may have previously been ordered by the court of competent jurisdiction committing such child.

      2.  If no such order was entered by the committing court, the division may petition such court for an order requiring the parent, parents or guardian to contribute.

      3.  Any order for contribution entered under the provisions of subsection 2 shall be entered in the same manner and have the same effect as an order for contribution entered under the provisions of NRS 435.090.

      Sec. 10.  NRS 435.110 is hereby amended to read as follows:

      435.110  1.  When any mentally retarded child is admitted to a [cottage type group care] facility operated by the division at the request of a parent, parents or guardian, such parent, parents or guardian shall enter into an agreement with the division providing for the contribution of an amount for the care, support and maintenance of such child as determined by the division to be reasonable. In determining the amount, the division shall give consideration to the ability of the parent, parents or guardian to make such a contribution, and may excuse the making of any contribution.

      2.  If the parent, parents or guardian fail or refuse to perform under the terms of the agreement, the division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest at the rate of 7 percent per annum.

      3.  If the division determines that the parent, parents or guardian do not have the ability to contribute an amount sufficient to pay for the care, support and maintenance of such child, but that the estate of such child is able to contribute, the division may make application to a court of competent jurisdiction for the appointment of a guardian of the estate of such child, if there is none, and for an order requiring such guardian to contribute an amount as determined by the court.


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

ê1971 Statutes of Nevada, Page 1491 (Chapter 635, AB 799)ê

 

competent jurisdiction for the appointment of a guardian of the estate of such child, if there is none, and for an order requiring such guardian to contribute an amount as determined by the court.

      Sec. 11.  NRS 435.120 is hereby amended to read as follows:

      435.120  Any moneys collected by the division under NRS [435.090, 435.100 and 435.110] 435.050 to 435.110, inclusive, shall be deposited in a separate nonreverting fund in the state treasury and [may] shall be expended for the [support] augmentation of [the hospital or cottage type group care facility] the mental retardation residential placement fund, hereby created in the state treasury, in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.345, inclusive.

      Sec. 12.  NRS 433.300, 435.080 and 435.210 are hereby repealed.

      Sec. 13.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________

 

 

CHAPTER 636, AB 579

Assembly Bill No. 579–Committee on Commerce

CHAPTER 636

AN ACT permitting counties to arrange and carry liability insurance for physicians, surgeons, dentists, other members of the healing arts and county hospitals rendering treatment to indigents without charge, at cost or below cost protecting them against claims by indigents treated; and providing other matters properly relating thereto.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 428 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Counties in which physicians, surgeons, dentists, their respective assistants and county hospitals render treatment to indigents or needy persons without charge or at cost or below cost may procure, carry and maintain liability insurance protecting such members of the healing arts and hospitals and indemnifying them against any claim or action by or on behalf of any such indigent or needy person or contribute to the cost of such insurance.

      2.  If such insurance is provided it shall be coverage in the amount of at least $100,000 for each occurrence.

      3.  The liability insurance provided in subsections 1 and 2 shall provide for indemnity whether or not the physician, surgeon, dentist, assistant or hospital is required by law or the rules of his profession to treat any indigent or needy person without charge.

 

________


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

ê1971 Statutes of Nevada, Page 1492ê

 

CHAPTER 637, AB 499

Assembly Bill No. 499–Committee on Health and Welfare

CHAPTER 637

AN ACT relating to liability of third parties in state medical aid cases; providing subrogation rights for the welfare division of the department of health, welfare and rehabilitation; establishing lien rights on the proceeds of recovery; and providing other matters properly relating thereto.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 428 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  When a recipient incurs an illness or injury for which medical services are payable under this chapter and which is incurred under circumstances creating a legal liability in some person other than the recipient or the division, to pay all or part of the costs of such service, the division shall be subrogated to the right of the recipient to the extent of all such costs and may join or intervene in any action by the recipient or his successors in interest to enforce such legal liability.

      2.  If a recipient or his successors in interest fail or refuse to commence an action to enforce such legal liability, the division may commence an independent action after notice to the recipient or his successors in interest, to recover all costs to which it is entitled. In any such action by the division, the recipient or his successors in interest may be joined as third party defendants.

      3.  In any case where the division is subrogated to the rights of the recipient or his successors in interest as provided in subsection 1, the division shall have a lien upon the proceeds of any recovery from such persons, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. No such lien is enforcible without written notice first being given to the person against whom the lien is asserted.

      4.  The recipient or his successors in interest shall notify the division in writing prior to entering any settlement agreement or commencing any action to enforce the legal liability referred to in subsection 1.

 

________


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

ê1971 Statutes of Nevada, Page 1493ê

 

CHAPTER 638, AB 815

Assembly Bill No. 815–Committee on Taxation

CHAPTER 638

AN ACT to amend an act entitled “An Act relating to the city-county relief tax; providing for the adoption of such tax in counties having no incorporated cities; and providing other matters properly relating thereto,” approved March 19, 1971.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 69, Statutes of Nevada 1971, is hereby amended by adding thereto a new section to be designated as section 3, which shall immediately follow section 2 and shall read as follows:

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

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

 

________

 

 

CHAPTER 639, AB 495

Assembly Bill No. 495–Committee on Health and Welfare

CHAPTER 639

AN ACT requiring approval of the health division of the department of health, welfare and rehabilitation of sewage disposal, water pollution, water quantity and quality of all new subdivisions; and providing other matters properly relating thereto.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 116.040 is hereby amended to read as follows:

      116.040  1.  The map or plat shall be certified by the surveyor making the same, which certificate shall be substantially as follows:

 

      I, .............................. (surveyor’s name), do hereby certify that this plat is a true and accurate map of the land surveyed by me and laid out into blocks, lots, streets, alleys and public places at the instance of .............................. (give name of owner or trustee); that the location of the blocks, lots, streets, alleys and public places has been definitely established and perpetuated in strict accordance with the law and as shown hereon; that the blocks, lots and public places shown hereon are situate wholly within .............................. (give description by metes and bounds or by legal subdivision); that the survey was completed on the ............... day of .............................. (give date).

 

      2.  The map or plat shall:

      (a) Be acknowledged by the owner or owners, or trustee, before some officer authorized by law to take the acknowledgment of conveyances of real property; and

      (b) If the land is situated in any city or town, or outside any city or town, but within 3 miles of the limits of the same, be approved by the legislative authority of the city or town in which the land is situated, and in the absence of such legislative authority, by the legislative authority of the county in which the city or town is situated; and

 


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

ê1971 Statutes of Nevada, Page 1494 (Chapter 639, AB 495)ê

 

town, but within 3 miles of the limits of the same, be approved by the legislative authority of the city or town in which the land is situated, and in the absence of such legislative authority, by the legislative authority of the county in which the city or town is situated; and

      (c) If the land is situated more than 1 mile from the limits of any city or town, be approved by the board of county commissioners of the county in which the land is situated.

      (d) Be approved by the health division of the department of health, welfare and rehabilitation concerning sewage disposal, water pollution, water quality and, subject to confirmation by the state engineer, water quantity.

      3.  When so acknowledged, certified and approved, the original and one copy of the map or plat shall be filed in the office of the county recorder of the county in which the lands so platted and laid out are situated and one copy of the map or plat shall be filed, without charge, in the office of the county assessor of the county where the lands are situated.

      4.  No city or town or county legislative authority shall approve or accept for filing any map or plat under this chapter that does not conform to the requirements of this chapter.

      Sec. 2.  NRS 117.027 is hereby amended to read as follows:

      117.027  At the time any condominium map or plan is presented to the county recorder for recoding the following certificates shall be presented to be recorded immediately prior to such map or plan:

      1.  A subdivision report from a reputable title company showing the names of the parties who may be required to sign the map or plan and guaranteeing that the names of the parties contained therein are the only parties who are required to sign such map or plan.

      2.  A certificate from a reputable title company showing that there are no liens against the condominium or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.

      3.  A certificate from the health division of the department of health, welfare and rehabilitation showing that the health division has approved the map or plan concerning sewage disposal, water pollution, water quality and, subject to confirmation by the state engineer, water quantity.

      Sec. 3.  NRS 278.420 is hereby amended to read as follows:

      278.420  The following certificates and acknowledgments shall appear on the final map and may be combined where appropriate:

      1.  A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map. A lien for state, county, municipal or local taxes and for special assessments or beneficial interest under trust deeds or trust interests under bond indentures shall not be deemed to be an interest in land for the purpose of this section. Any map including territory originally patented by the United States or the State of Nevada, under patent reserving interest to either or both of the entities, may be recorded under the provisions of NRS 278.010 to 278.630, inclusive, without the consent of the United States or the State of Nevada thereto, or to dedications made thereon. Signatures required by this section of parties owning rights-of-way, easements or reversions which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value, and which signatures it is impossible or impracticable to obtain, may be omitted if the names of such parties and the nature of their interest is endorsed on the map, together with a reasonable statement of the circumstances preventing the procurement of such signatures.


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ê1971 Statutes of Nevada, Page 1495 (Chapter 639, AB 495)ê

 

changed conditions, long disuse or laches appear to be no longer of practical use or value, and which signatures it is impossible or impracticable to obtain, may be omitted if the names of such parties and the nature of their interest is endorsed on the map, together with a reasonable statement of the circumstances preventing the procurement of such signatures.

      2.  A certificate, signed and acknowledged as above, offering for dedication for certain specified public uses (subject to such reservations as may be contained in any such offer of dedication) those certain parcels of land which the parties desire so to dedicate. The certificate may state that any certain parcel or parcels are not offered for dedication; but a local ordinance may require as a condition precedent to the approval of any final map that any or all of the parcels of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels other than streets intended for the exclusive use of the lot owners in such subdivision, their licensees, visitors, tenants and servants.

      3.  A certificate for execution by the clerk of each approving governing body stating that the body approved the map and accepted or rejected on behalf of the public any parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication.

      4.  A certificate by the engineer or surveyor responsible for the survey and final map, giving the date of the survey and stating that the survey was made by him or under his direction, and that the survey is true and complete as shown. The certificate shall also state that the monuments are of the character and occupy the positions indicated, or that they will be set in such positions and at such time as is agreed upon under the provisions of NRS 278.400.

      5.  A certificate by the county surveyor if a subdivision lies within an unincorporated area, and if a subdivision lies within a city, a certificate by the city engineer or by the county surveyor when for that purpose appointed by the governing body of the city, stating that he has examined the final map, that the subdivision as shown thereon is substantially the same as it appeared on the tentative map, and any approved alterations thereof, that all provisions of NRS 278.010 to 278.630, inclusive, and of any local ordinance applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is technically correct.

      6.  A certificate by the health division of the department of health, welfare and rehabilitation showing that the health division approved the final map concerning sewage disposal, water pollution, water quality and, subject to confirmation by the state engineer, water quantity.

      Sec. 4.  This act shall become effective at 12:01 a.m. on July 1, 1971.

 

________


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ê1971 Statutes of Nevada, Page 1496ê

 

CHAPTER 640, AB 483

Assembly Bill No. 483–Mr. McKissick

CHAPTER 640

AN ACT relating to attachment, garnishment and execution; revising certain procedures for execution and attachment; limiting garnishment and garnishment against earnings; enlarging the exemption of earnings; authorizing certain allowances on entry of final judgment; and providing other matters properly relating thereto.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 21 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  A writ of execution issued on a judgment for the recovery of money shall be substantially in the following form:

 

(Title of the Court)

(Number and abbreviated title of the case)

 

                                                                                                                   EXECUTION

 

THE PEOPLE OF THE STATE OF NEVADA:

 

To the Sheriff of .......................... County.

Greetings:

      On ........................., 19........, a judgment was entered by the above-entitled court in the above-entitled action in favor of .......................... as judgment creditor and against .......................... as judgment debtor for

$............... principal,

$............... attorney fees,

$............... interest, and

$............... costs, making a total amount of

$............... the judgment as entered, and

      WHEREAS, according to an affidavit and/or a memorandum of costs after judgment filed herein, it appears that further sums have accrued since the entry of judgment, to wit:

$............... accrued interest, and

$............... accrued costs, together with $............... fee, for the issuance of this writ, making a total of

$............... as accrued costs, accrued interest and fees.

Credit must be given for payments and partial satisfactions in the amount of

$...............

which is to be first credited against the total accrued costs and accrued interest, with any excess credited against the judgment as entered, leaving a net balance of

$...............

actually due on the date of the issuance of this writ, of which

$...............

bears interest at 7 percent per annum, in the amount of $............... per day, from the date of judgment to the date of levy, to which must be added the commissions and costs of the officer executing this writ.


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ê1971 Statutes of Nevada, Page 1497 (Chapter 640, AB 483)ê

 

      NOW, THEREFORE, SHERIFF OF ......................... COUNTY, you are hereby commanded to satisfy such judgment with interest and costs as provided by law, out of the personal property of such judgment debtor, except that for any pay period, 75 percent of the disposable earnings of such debtor during such period, or the amount by which his disposable earnings for such period exceed 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater, is exempt from any levy of execution pursuant to this writ, and if sufficient personal property cannot be found, then out of the real property belonging to such debtor in the aforesaid county, and make return to this writ within not less than 10 days nor more than 60 days endorsed there on with what you have done.

      Dated:  This ............... day of ........................., 19........

                                                        .......................................................... , Clerk.

                                                   By...................................................... , Deputy Clerk.

 

      Sec. 3.  1.  In order to claim exemption of any property levied on, the judgment debtor shall, within 5 days after the levy, serve on the sheriff and judgment creditor and file with the clerk of the court issuing the writ of execution an affidavit setting out his claim of exemption.

      2.  When such affidavit is served, the sheriff shall release the property if the judgment creditor, within 5 days after written demand by the sheriff fails to give the sheriff an undertaking executed by two good and sufficient sureties which:

      (a) Is in a sum equal to double the value of the property levied on; and

      (b) Indemnifies the judgment debtor against loss, liability, damages, costs and counsel fees by reason of the taking, withholding or sale of such property by the sheriff.

      3.  At the time of giving the sheriff the undertaking provided for in subsection 2, the judgment creditor shall give notice of the undertaking to the judgment debtor.

      4.  The sheriff shall not be liable to the judgment debtor for damages by reason of the taking, withholding or sale of any property, where:

      (a) No affidavit claiming exemption is served on him; or

      (b) An affidavit claiming exemption is served on him, but the sheriff fails to release the property in accordance with this section.

      Sec. 4.  1.  By entering into any undertaking provided for in section 3 of this act, the sureties thereunder submit themselves to the jurisdiction of the court and irrevocably appoint the clerk of the court as agent upon whom any papers affecting liability on the undertaking may be served. Liability on such undertaking may be enforced on motion to the court without the necessity of an independent action. The motion and such reasonable notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the sureties if their addresses are known.

      2.  Exceptions to the sufficiency of the sureties and their justification may be had and taken in the same manner as upon an undertaking given in other cases under Titles 2 and 3 of NRS. If they, or others in their place, fail to justify at the time and place appointed, the sheriff must release the property; but if no exception is taken within 5 days after notice of receipt of the undertaking, the judgment debtor shall be deemed to have waived any and all objections to the sufficiency of the sureties.


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ê1971 Statutes of Nevada, Page 1498 (Chapter 640, AB 483)ê

 

notice of receipt of the undertaking, the judgment debtor shall be deemed to have waived any and all objections to the sufficiency of the sureties.

      Sec. 5.  1.  Within 10 days after the service of an affidavit claiming exemption, the judgment creditor shall be entitled to a hearing to determine the issue of exemption, if he:

      (a) Files a motion for such hearing with the court having jurisdiction of the action within such time; and

      (b) Gives the judgment debtor 5 days’ notice of such hearing.

      2.  For good cause shown, the court may continue the hearing beyond the 10-day period.

      Sec. 6.  1.  If personal property levied on under a writ of execution belongs to a going business and the judgment debtor consents, the sheriff shall place a keeper in charge of such property for a period of at least 2 days with the judgment creditor prepaying to the sheriff the expense of such keeper.

      2.  During such period, the judgment debtor may continue to operate in the ordinary course of business at his own expense if all sales are for cash and the full proceeds are given to the keeper for the purpose of the execution.

      3.  After such period, the sheriff shall take such property into immediate custody unless other disposition is made by the court or agreed to by the judgment creditor and judgment debtor.

      Sec. 7.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as herein otherwise specifically provided:

      (a) Private libraries not to exceed $500 in value, and all family pictures and keepsakes.

      (b) Necessary household goods, appliances, furniture, home and yard equipment, not to exceed $1,000 in value, belonging to the judgment debtor to be selected by him.

      (c) Farm trucks, farm stock, farm tools, farm equipment supplies and seed not to exceed $1,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, office equipment, office equipment and supplies not to exceed $1,500 in value, and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $1,500 in value.

      (e) The cabin or dwelling of a miner or prospector, not to exceed $500 in value; also, his cars, implements and appliances necessary for carrying on any mining operations not to exceed $500 in value; also, his mining claim actually worked by him, not exceeding $1,000 in value.

      (f) One vehicle not exceeding [in value $1,000, if such vehicle is necessarily used by the judgment debtor in his occupation or profession.] $1,000 in gross value as established by the judgment debtor.

      (g) Poultry not exceeding in value $75.

      (h) For any pay period, [25] 75 percent of the disposable earnings of a judgment debtor during such period, or the amount by which his disposable earnings for each week of such period exceed 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is [less.]


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ê1971 Statutes of Nevada, Page 1499 (Chapter 640, AB 483)ê

 

payable, whichever is [less.] greater. The exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.

      (i) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.

      (j) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (k) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state.

      (l) All moneys, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $500, and if they exceed that sum a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges and immunities so accruing or growing out of such insurance that the $500 bears to the whole annual premium paid.

      (m) The homestead as provided for by law.

      (n) The dwelling of the judgment debtor occupied as a home for himself and family, not exceeding $10,000 in value, where the dwelling is situate upon lands not owned by him.

      2.  No article, however, or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      Sec. 7.5.  Chapter 31 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  As used in this section, the term “disposable earnings” means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.

      2.  The maximum amount of the aggregate disposable earnings of an individual which are subject to garnishment may not exceed:

      (a) 25 percent of his disposable earnings for the relevant pay period; or

      (b) The amount by which his disposable earnings for each week of that period exceed 30 times the federal minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 in effect at the time the earnings are payable, whichever is less.

      3.  The restrictions of subsection 1 do not apply in the case of:


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

ê1971 Statutes of Nevada, Page 1500 (Chapter 640, AB 483)ê

 

      (a) Any order of any court for the support of any person.

      (b) Any order of any court of bankruptcy.

      (c) Any debt due for any state or federal tax.

      Sec. 8.  NRS 31.060 is hereby amended to read as follows:

      31.060  The sheriff to whom the writ is directed and delivered shall execute the same without delay, and if the undertaking mentioned in NRS 31.040 be not given, as follows:

      1.  Real property shall be attached by leaving a copy of the writ with the occupant thereof, or, if there be no occupant, by posting a copy in a conspicuous place thereon, and filing a copy, together with a description of the property attached, with the recorder of the county.

      2.  Personal property capable of manual delivery shall be attached [by taking it into custody.] :

      (a) By taking it into immediate custody; or

      (b) If it belongs to a going business and the defendant consents, by placing a keeper in charge of such property for a period of at least 2 days, with the plaintiff prepaying the expense of such keeper to the sheriff:

             (1) During which period, the defendant may continue to operate in the ordinary course of business at his own expense if all sales are for cash and the full proceeds are paid to the keeper for the purpose of the attachment; and

             (2) After which period, the sheriff shall take such property into his immediate custody unless other disposition is made by the court or the parties to the action.

      3.  Any mobile home, as defined in chapter 484 of NRS, shall be attached by:

      (a) Posting a copy of the writ in a conspicuous place thereon; or

      (b) Taking it into immediate custody; or

      (c) Placing a keeper in charge of such mobile home for a period of 2 days, with the plaintiff prepaying the expense of such keeper to the sheriff:

             (1) During which period, the defendant may continue to occupy such mobile home; and

             (2) After which period, the sheriff shall take such mobile home into his immediate custody unless other disposition is made by the court or the parties to the action.

      4.  Debts and credits, due or to become due, and other personal property, not capable of manual delivery, shall be attached by leaving with the person owing such debts, or having in his possession, or under his control, such credits or other personal property, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession or under his control, belonging to the defendant, are attached in pursuance of such writ.

      [4.] 5.  Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United State of America, or other personal property held by such bank not capable of manual delivery, shall be attached, garnisheed or executed upon by serving a copy of the writ and a notice that the debts owing by it to the defendant, or the credits and other personal property in its possession, or under its control, belonging to the defendant, are attached, garnisheed or executed upon in the pursuance of such writ.


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

ê1971 Statutes of Nevada, Page 1501 (Chapter 640, AB 483)ê

 

garnisheed or executed upon in the pursuance of such writ. The writ and notice shall be served on one of the following officers of the bank:

      (a) If the bank has no branches, trust department or military facility, service shall be effected by leaving a copy of the writ and notice with the president, vice president, assistant vice president, cashier, assistant cashier, manager or other managing officer in charge of the bank owing such debts, or having in its possession or under its control such credits or other personal property.

      (b) If the bank has branches or military facilities owing such debts or having in its possession or under its control such credits or other personal property, service shall be effected by leaving a copy of the writ and notice with the vice president, assistant vice president, assistant cashier, manager or other managing officer in charge of the branch or in charge of the military facility. Service on such officer or agent shall not constitute a valid levy on any debt, credit or other personal property owing by any other branch or military facility.

      (c) If the bank has a trust department owing such debts or having in its possession or under its control such credits or other personal property, then service shall be effected by leaving a copy of the writ and notice with the vice president and trust officer, trust officer, assistant trust officer or other managing officer of the trust department.

      Sec. 9.  NRS 248.140 is hereby repealed.

      Sec. 10.  Chapter 31 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Upon entry of a judgment, the court may make an allowance of not to exceed $3 for each writ of attachment or garnishment previously levied or writ of execution subsequently levied, to be paid by the judgment creditor to the employer or other person levied against as compensation for bookkeeping expenses incurred. Such allowances shall be added as a part of the accruing costs in favor of such employer or other person levied against.

 

________

 

 

CHAPTER 641, AB 176

Assembly Bill No. 176–Washoe-Storey Districts’ Delegation

CHAPTER 641

AN ACT to amend an act entitled “An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1903, as amended.

 

[Approved April 29, 1971]

 

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

do enact as follows:

 

      Section 1.  Section 4 of article XII of the above entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and as last amended by chapter 323, Statutes of Nevada 1961, at page 638, is hereby amended to read as follows:


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

ê1971 Statutes of Nevada, Page 1502 (Chapter 641, AB 176)ê

 

      Section 4.  A majority of all the members elected to the city council shall constitute a quorum to do business; but a less number may meet and adjourn from time to time, and compel the attendance of the absent members. The city council may adopt rules for the government of its members and proceedings. If must keep a journal of all its proceedings, and upon the call of any one member, or the mayor, must cause the ayes and nays to be taken and entered in its journal upon any question before it. Its deliberations, sessions, and proceedings must be public. The councilmen, except the mayor, shall each receive a salary of [$4,800] $6,000 per annum, and the mayor shall receive a salary of [$6,000] $7,200 per annum, payable monthly. [from and after the effective date of this act.]

 

________

 

 

CHAPTER 642, AB 658

Assembly Bill No. 658–Messrs. Olsen, Bryan and Frank Young

CHAPTER 642

AN ACT relating to the district courts; providing for chief judges in certain judicial districts; providing certain duties for and requiring certain reports of such chief judge; and providing other matters properly relating thereto.

 

[Approved May 3, 1971]

 

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

do enact as follows:

 

      Section 1.  Chapter 3 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  For the second and eighth judicial districts, district judges shall, on the first judicial day of each year, choose from among the judges of each district a chief judge.

      2.  The chief judge shall:

      (a) Assign cases to each judge in the district;

      (b) Prescribe the hours of court; and

      (c) Adopt such other rules and regulations as are necessary for the orderly conduct of court business.

      3.  On or before the 15th day of the month following, the chief judge shall submit a written report to the clerk of the supreme court each month, showing:

      (a) Those cases which are pending and undecided and to which judge such cases have been assigned;

      (b) The type of number of cases each judge considered during the preceding month;

      (c) The number of cases submitted to each judge during the preceding month;

      (d) The number of cases decided by each judge during the preceding month; and

      (e) The number of full judicial days in which each judge appeared in court or in chambers in performance of his duties during the preceding month.

 

________


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

ê1971 Statutes of Nevada, Page 1503ê

 

CHAPTER 643, AB 178

Assembly Bill No. 178–Committee on Government Affairs

CHAPTER 643

AN ACT amending the Local Government Employee-Management Relations Act; providing for submission of disputes to impartial factfinders and the method of selecting factfinders; investing the governor with emergency power to order that findings and recommendations in particular disputes will be final and binding; establishing criteria for factfinders; defining terms; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 3, 1971]

 

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

do enact as follows:

 

      Section 1.  NRS 288.020 is hereby amended to read as follows:

      288.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 288.030 to 288.070, inclusive, and sections 13 to 15, inclusive, of this act, have the meanings ascribed to them in such sections.

      Sec. 1.5.  NRS 288.060 is hereby amended to read as follows:

      288.060  “Local government employer” means any political subdivision of this state or any public or quasi-public corporation organized under the laws of this state and includes, without limitation, counties, cities, unincorporated towns, school districts, hospital districts, irrigation districts and other special districts.

      Sec. 2.  NRS 288.150 is hereby amended to read as follows:

      288.150  1.  It is the duty of every local government employer, except as limited in subsection 2, to negotiate in good faith through a representative or representatives of its own choosing concerning wages, hours, and conditions of employment with the recognized employee organization, if any, for each appropriate unit among its employees. If either party requests it, agreements so reached shall be reduced to writing. Where any officer of a local government employer, other than a member of the governing body, is elected by the people and directs the work of any local government employee, such officer is the proper person to negotiate, directly or through a representative or representatives of his own choosing, in the first instance concerning any employee whose work is directed by him, but may refer to the governing body or its chosen representative or representatives any matter beyond the scope of his authority.

      2.  Each local government employer is entitled, without negotiation or reference to any agreement resulting from negotiation:

      (a) To direct its employees;

      (b) To hire, promote, classify, transfer, assign, retain, suspend, demote, discharge or take disciplinary action against any employee;

      (c) To relieve any employee from duty because of lack of work or for any other legitimate reason;

      (d) To maintain the efficiency of its governmental operations;

      (e) To determine the methods, means and personnel by which its operations are to be conducted; and

      (f) To take whatever actions may be necessary to carry out its responsibilities in situations of emergency.


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

ê1971 Statutes of Nevada, Page 1504 (Chapter 643, AB 178)ê

 

Any action taken under the provisions of this subsection shall not be construed as a failure to negotiate in good faith.

      Sec. 2.5.  NRS 288.160 is hereby amended to read as follows:

      288.160  1.  An employee organization may apply to a local government employer for recognition by presenting:

      (a) A copy of its constitution and bylaws, if any;

      (b) A roster of its officers, if any, and representatives; and

      (c) A pledge in writing not to strike against the local government employer under any circumstances.

A local government employer shall not recognize as representative of its employees any employee organization which has not adopted, in a manner valid under its own rules, the pledge required by paragraph (c).

      2.  If an employee organization, at or after the time of its application for recognition, presents a verified membership list showing that it represents a majority of the employees in a negotiating unit, and if such employee organization is recognized by the local government employer, it shall be the exclusive negotiating representative of the local government employees in that negotiating unit.

      3.  A local government employer may withdraw recognition from an employee organization which:

      (a) Fails to present a copy of each change in its constitution or bylaws, if any, or to give notice of any change in the roster of its officers, if any, and representatives;

      (b) Disavows its pledge not to strike against the local government employer under any circumstances; or

      (c) Ceases to be supported by a majority of the local government employees in the negotiating unit for which it is recognized.

      (d) Fails to negotiate in good faith with the local government employer.

      4.  If an employee organization is aggrieved by the refusal or withdrawal of recognition, or by the recognition or refusal to withdraw recognition of another employee organization, the aggrieved employee organization may appeal to the board. If the board in good faith doubts whether any employee organization is supported by a majority of the local government employees in a particular negotiating unit, it may conduct an election by secret ballot upon the question. Subject to judicial review, the decision of the board is binding upon the local government employer and all employee organizations involved.

      Sec. 3.  NRS 288.170 is hereby amended to read as follows:

      288.170  1.  Each local government employer which has recognized one or more employee organizations shall determine, after consultation with such recognized organization or organiaztions, which group or groups of its employees constitute an appropriate unit or units for negotiating purposes. The primary criterion for such determination shall be community of interest among the employees concerned. [A local government department head shall not be a member of the same negotiating unit as the employees who serve under his direction.] A principal, assistant principal or other school administrator below the rank of superintendent, associate superintendent or assistant superintendent shall not be a member of the same negotiating unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate negotiating unit.


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

ê1971 Statutes of Nevada, Page 1505 (Chapter 643, AB 178)ê

 

officials of the same specified ranks to negotiate as a separate negotiating unit. A local government department head, administrative employee or supervisory employee shall not be a member of the same negotiating unit as the employees under his direction. Any dispute between the parties as to whether an employee is a supervisor shall be submitted to the board. In all cases, confidential employees of the local government employer shall be excluded from any negotiating unit.

      2.  If any employee organization is aggrieved by determination of a negotiating unit, it may appeal to the board. Subject to judicial review, the decision of the board is binding upon the local government employer and [all] employee organizations involved. The board shall apply the same criterion as specified in subsection 1.

      Sec. 4.  NRS 288.180 is hereby amended to read as follows:

      288.180  1.  Whenever an employee organization desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give written notice of such desire to the local government employer. If the subject of negotiation requires the budgeting of money by the local government employer, the employee organization shall give such notice [at least 120 days before the date fixed by law for the completion of the tentative budget of the local government employer for the first period for which the required budget is to be effective.] on or before December 1.

      2.  This section does not preclude, but this chapter does not require, informal discussion between an employee organization and a local government employer of any matter which is not subject to negotiation or contract under this chapter. Any such informal discussion is exempt from all requirements of notice or time schedule.

      Sec. 5.  NRS 288.190 is hereby amended to read as follows:

      288.190  [1.]  The parties shall promptly commerce [negotiation and if at the expiration of 45 days from the date of service of the notice required by NRS 288.180 the parties have not reached agreement, the parties or either of them may so notify the board, requesting mediation and explaining briefly the subject of negotiation. The board shall, within 5 days, appoint a competent, impa