[Rev. 10/29/2015 2:51:38 PM]

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ê1973 Statutes of Nevada, Page 1601 (Chapter 763, AB 342)ê

 

state department of conservation and natural resources shall budget and pay claims for premiums for industrial insurance provided for members of the advisory group. [, including claims for unpaid premiums due and owing to the Nevada industrial commission.]

      Sec. 8.  NRS 321.470 is hereby amended to read as follows:

      321.470  1.  Any moneys received by the [commission] administrator in connection with the development or disposition of any lands described in NRS 321.410 shall forthwith be deposited in the state treasury to the credit of the Eldorado Valley development fund.

      2.  Immediately following any such deposit, the state controller and the state treasurer shall transfer the amount of such deposit to the general fund until such time as such transfers have resulted in complete reimbursement to the general fund for all moneys theretofore appropriated from the general fund to the Eldorado Valley development fund.

      Sec. 9.  NRS 321.480 is hereby amended to read as follows:

      321.480  NRS 321.480 to [321.530,] 321.536, inclusive, may be cited as the Fort Mohave Valley Development Law.

      Sec. 10.  NRS 321.490 is hereby amended to read as follows:

      321.490  As used in NRS 321.480 to [321.530,] 321.536, inclusive, unless the context otherwise requires:

      1.  “Administrator” means the administrator of the division of Colorado River resources of the department.

      2.  “Commission” means the Colorado River advisory commission. [of Nevada.]

      [2.]3.  “Department” means the state department of conservation and natural resources.

      Sec. 11.  NRS 321.500 is hereby amended to read as follows:

      321.500  1.  The [commission] administrator may, on behalf of the State of Nevada, purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when such purchase may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.

      2.  The lands referred to in subsection 1 are described as follows:

      Parcel 1.  All of sections 1, 12 and 13; fractional sections 24 and 25, T. 33 S., R. 65 E.

      Parcel 2.  All of sections 6, 7 and 8; fractional sections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all of section 18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.

      Parcel 3.  East 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.

      Parcel 4.  Fractional sections 4 and 5, T. 34 S., R. 66 E., and any other surveyed land or any unsurveyed land lying between the lands described in parcels 2, 3 and 4 and the Arizona-Nevada state line. All range references in this subsection refer to Mount Diablo base and meridian.

      Sec. 12.  NRS 321.510 is hereby amended to read as follows:

      321.510  1.  The [commission] administrator may, with the advice of the commission, the other divisions of the department and the board of county commissioners of Clark County, undertake such engineering and planning studies and such other action as may be necessary for the development of the Fort Mohave Valley, and shall sell and dispose of lands in the Fort Mohave Valley in accordance with the plans and procedures of the [commission.]


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ê1973 Statutes of Nevada, Page 1602 (Chapter 763, AB 342)ê

 

the commission, the other divisions of the department and the board of county commissioners of Clark County, undertake such engineering and planning studies and such other action as may be necessary for the development of the Fort Mohave Valley, and shall sell and dispose of lands in the Fort Mohave Valley in accordance with the plans and procedures of the [commission.] division.

      2.  The [commission,] administrator, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges [it] the state may have to purchase any portion, part or parcel of the lands described in NRS 321.500. Any such relinquishment shall be made by [formal resolution,] written instrument, shall be approved by the attorney general, and shall be forwarded to the Secretary of the Interior.

      Sec. 13.  NRS 321.520 is hereby amended to read as follows:

      321.520  1.  There is hereby created in the state treasury, for the use of the [commission] administrator in carrying out the provisions of NRS 321.480 to [321.530,] 321.536, inclusive, a fund to be known as the Fort Mohave Valley development fund.

      2.  Moneys in the Fort Mohave Valley development fund shall be paid out on claims against such fund as other claims against the state are paid, after such claims have been approved by the [commission.] administrator.

      Sec. 14.  NRS 321.530 is hereby amended to read as follows:

      321.530  1.  Any moneys received by the [commission] administrator in connection with the development or disposition of any lands described in NRS 321.500 shall be deposited forthwith in the state treasury to the credit of the Fort Mohave Valley development fund.

      2.  Immediately following such a deposit, the state controller and the state treasurer shall transfer the amount of such deposit to the general fund until such time as such transfers have resulted in complete reimbursement to the general fund for all moneys theretofore appropriated from the general fund to the Fort Mohave Valley development fund.

      Sec. 15.  NRS 321.534 is hereby amended to read as follows:

      321.534  The [Colorado River commission of Nevada is hereby authorized to] administrator may act as the agent of the State of Nevada in the development and disposal of state lands in the Fort Mohave Valley described as being all those lands in T. 32 S., R. 66 E., M.D.B. & M., lying between the meander line of the General Land Office dependent resurvey of 1947 and the right bank of the channel of the Colorado River and all those lands in T. 33 S., R. 66 E., M.D.B. & M. and T. 34 S., R. 66 E., M.D.B. & M., lying between the meander line of the General Land Office survey of 1932 and the right bank of the channel of the Colorado River.

      Sec. 16.  NRS 321.535 is hereby amended to read as follows:

      321.535  The [Colorado River commission] administrator shall, with the advice of the commission, the other divisions of the state department of conservation and natural resources and the county commissioners of Clark County, prepare plans for the development of the lands described in NRS 321.534. The [Colorado River commission] administrator shall, notwithstanding any other provision of this chapter, sell or dispose of such lands in accordance with the plans and procedures of [such commission.]


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ê1973 Statutes of Nevada, Page 1603 (Chapter 763, AB 342)ê

 

such lands in accordance with the plans and procedures of [such commission.] the division.

      Sec. 17.  NRS 321.536 is hereby amended to read as follows:

      321.536  1.  The [Colorado River commission] administrator may use so much of the moneys in the Fort Mohave Valley development fund as may be necessary to develop and dispose of the lands described in NRS 321.534.

      2.  Any moneys received from the development or disposition of such lands shall be deposited in the Fort Mohave Valley development fund.

      Sec. 18.  (Deleted by amendment.)

      Sec. 19.  NRS 533.370 is hereby amended to read as follows:

      533.370  1.  The state engineer shall approve all applications made in proper form where all fees, as provided in this chapter, have been paid which contemplate the application of water to beneficial use, and where the proposed use or change does not tend to impair the value of existing rights, or to be otherwise detrimental to the public welfare. The state engineer shall either approve or reject each application within 1 year from the final date for filing protest; but:

      (a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of a protested application, by both the protestant and the applicant; and

      (b) In areas where water supply studies are being made or where court actions are pending, the state engineer may withhold action until such time as it is determined there is unappropriated water or the court action becomes final.

      2.  Where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for.

      3.  The refusal or approval of an application shall be endorsed on a copy of the original application, and a record made of such endorsement in the records of the office of the state engineer. The copy of the application so endorsed shall be returned to the applicant. If the application is approved, the applicant shall be authorized, on receipt thereof, to proceed with the construction of the necessary works and to take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is refused, the applicant shall take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as such refusal shall continue in force.

      4.  Anything in this chapter to the contrary notwithstanding, the state engineer shall not approve any application nor issue any permit to appropriate the waters of the Colorado River, which waters are held in trust by the [Colorado River commission of Nevada] division of Colorado River resources of the state department of conservation and natural resources pursuant to NRS 538.170, except after approval of such application by the [Colorado River commission of Nevada. The commission] administrator of that division. The administrator and the state engineer [are authorized to] may adopt such joint regulations as may be necessary for the purpose of carrying out the provisions of this subsection.


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ê1973 Statutes of Nevada, Page 1604 (Chapter 763, AB 342)ê

 

      Sec. 20.  NRS 538.040 is hereby amended to read as follows:

      538.040  As used in NRS 538.040 to 538.260, inclusive: [, “commission”]

      1.  “Administrator” means the administrator of the division of Colorado River resources.

      2.  “Commission” means the Colorado River advisory commission. [of Nevada.]

      3.  “Director” means the director of the state department of conservation and natural resources.

      4.  “Division” means the division of Colorado River resources of the state department of conservation and natural resources.

      Sec. 21.  NRS 538.050 is hereby amended to read as follows:

      538.050  1.  A commission is hereby created, to be known as the Colorado River advisory commission, [of Nevada,] consisting of five commissioners to be appointed by the governor.

      2.  The commission shall be informed on all matters of legislation and administration affecting the Colorado River and its tributaries and shall advise the administrator thereon.

      Sec. 21.5.  NRS 538.060 is hereby amended to read as follows:

      538.060  1.  Each commissioner shall have the following qualifications:

      (a) [He shall be a citizen of the State of Nevada and a resident therein for at least 5 years.] He shall be a resident of the State of Nevada and of a county served by the division.

      (b) He shall have a general knowledge of the development of the Colorado River and its tributaries within the State of Nevada.

      (c) He shall have general knowledge of the rights of the State of Nevada insofar as the same pertain to the [waters] resources and benefits of the Colorado River. [allocated or allotted to or contracted by the State of Nevada, and insofar as the same pertain to the acquisition and distribution of the electrical power belonging or allotted to or contracted by the State of Nevada and generated at Hoover Dam and other hydroelectric power facilities on the Colorado River.]

      2.  Not more than three commissioners shall be of the same major political affiliation.

      Sec. 22.  NRS 538.070 is hereby amended to read as follows:

      538.070  1.  [On March 30, 1967:

      (a) The four commissioners in office shall continue in office for the terms for which they were appointed; and

      (b) The governor shall appoint a fifth commissioner for a term of 4 years.

      2.  Thereafter, except as provided in subsection 2 of NRS 538.080, appointments shall be made for terms of 4 years.] Except as otherwise provided in subsection 2, the term of office of each commissioner is 4 years.

      2.  Each term of office which is current on the 1st Monday of January, 1975, shall expire on that date, and of the five commissioners to be appointed on that date, three shall be appointed for terms of 4 years and two shall be appointed for terms of 2 years.


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ê1973 Statutes of Nevada, Page 1605 (Chapter 763, AB 342)ê

 

      3.  All commissioners shall hold office until their successors are appointed and qualified.

      Sec. 23.  NRS 538.090 is hereby amended to read as follows:

      538.090  [All commissioners] The administrator shall give bond to the State of Nevada for the faithful performance of [their] his duties, in such sum as the state board of examiners shall, from time to time, direct. The [premiums on such bonds] premium on such bond shall be paid out of any fund appropriated for the support of the [commission.] division.

      Sec. 24.  NRS 538.100 is hereby amended to read as follows:

      538.100  1.  [Each commissioner shall receive as compensation $25 for each day actually employed on the work of the commission. Each] While engaged in official business of the commission, each commissioner [and employee of the commission] shall be allowed the per diem expense allowance and travel expenses [as] provided by law.

      2.  The [secretary] administrator shall certify all bills and claims for per diem expense, allowances and travel expenses of the commissioners, [and employees,] and shall file the same with the state board of examiners for its action. Such bills and claims shall be paid from the Colorado River [commission] resources fund.

      Sec. 25.  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 an amount determined pursuant to the provisions of NRS 284.182, 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.] and vice chairman. The administrator shall provide necessary secretarial service for the commission.

      Sec. 26.  NRS 538.120 is hereby amended to read as follows:

      538.120  The principal place of business of the [commission] division shall be in Clark County, as particularly determined by the [commission.] administrator.

      Sec. 27.  NRS 538.130 is hereby amended to read as follows:

      538.130  1.  The commissioners shall meet at such times and in such places as shall be designated by the chairman; but a majority of the commissioners may call a meeting of the commission at any time and place designated by them in a written notice thereof given all commissioners as provided in this subsection. Notice of all meetings shall be given to each commissioner by the [secretary, or otherwise,] administrator at least 5 days before each meeting. Any such notice may be waived by a commissioner or commissioners in writing. A meeting of the commission shall be held at least quarterly.

      2.  A majority of the commissioners [shall] constitute a quorum for the transaction of business.

      Sec. 27.5.  NRS 538.140 is hereby amended to read as follows:

      538.140  The [commission] administrator shall employ, pursuant to chapter 284 of NRS, such assistants and employees as may be necessary to carry out the purposes of NRS 538.040 to 538.260, inclusive, and NRS 321.390 to 321.536, inclusive, into effect.


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ê1973 Statutes of Nevada, Page 1606 (Chapter 763, AB 342)ê

 

NRS 321.390 to 321.536, inclusive, into effect. Such assistants and employees shall have such duties as may be prescribed by the [commission.] administrator.

      Sec. 28.  NRS 538.150 is hereby amended to read as follows:

      538.150  1.  [The attorney general and his duly appointed assistants and deputies shall be the legal advisers for the commission.

      2.]  In order to compensate the office of attorney general for services rendered [, the commission is directed,] to the division, the administrator shall, on or before the 1st day of each month, [to] authorize the state controller to draw his warrant in the sum fixed by contract in favor of the state treasurer, such sum of money to be taken from the Colorado River [commission] resources 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 for the services of the attorney general’s office.

      [3.]2.  The mileage and living expenses away from the office of the attorney general at the regular statutory state rate, together with the telephone and telegraph charges incurred by the attorney general’s office on behalf of the [commission,] division, shall be charged directly against the Colorado River [commission] resources fund.

      Sec. 29.  NRS 538.160 is hereby amended to read as follows:

      538.160  The duties of the [commission] administrator shall be:

      1.  To collect and arrange all data and information connected with the Colorado River and its tributaries which may affect or be of interest to the State of Nevada.

      2.  To represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use or exchange of power and for the use of electrical generating machinery and power transmission lines both within and outside of the State of Nevada, but for use within the State of Nevada, and to present the same through the director to the governor for his information and approval. The [commission shall not be prohibited from contracting] administrator may contract for the supply of electric energy to any corporation or cooperative created under the laws of the State of Nevada that is being operated principally for service to Nevada citizens and may be serving incidental energy to citizens of other states contiguous to its service area in the State of Nevada.

      3.  To represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River or its tributaries, or in connection with Hoover Dam or other federally operated dams.

      4.  To render the friendly cooperation of the State of Nevada to such constructive enterprises as look to the conservation of the waters of the Colorado River and its tributaries and the development of power thereon.

      5.  To render friendly cooperation to and to negotiate with, cooperate with, and invite industries for the purpose of establishing the same within the State of Nevada.

      6.  To negotiate with the representatives of other states and the United States in an endeavor to settle equitable and define the rights of the states and of the United States in the water of the Colorado River and its tributaries.


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ê1973 Statutes of Nevada, Page 1607 (Chapter 763, AB 342)ê

 

      7.  To make and enter into agreements, compacts or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally, which agreements, compacts or treaties, however, will not become binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.

      8.  To report through the director to the governor such measures and legislative action as may be deemed necessary to secure to the people of Nevada all possible benefits from the water of the Colorado River allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Hoover Dam or elsewhere within the Colorado River stream system or from any private or federal power development upon other rivers in the Western United States for use in the State of Nevada.

      9.  To cooperate with and to establish, conduct and maintain, in conjunction with other states or federal agencies, power, water and irrigation projects.

      Sec. 30.  NRS 538.170 is hereby amended to read as follows:

      538.170  1.  The [commission is empowered to] administrator may receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters of the Colorado River and to the power generated thereon [now] held by or which may [hereafter] accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any compacts or treaties between states to which the State of Nevada may become a party, or otherwise.

      2.  Applications to appropriate such waters shall be made in accordance with chapter 533 of NRS and shall be subject to approval by the [commission] administrator as set forth in NRS 533.370.

      Sec. 31.  NRS 538.180 is hereby amended to read as follows:

      538.180  1.  The [commission] division shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.040 to 538.260, inclusive, for the State of Nevada, and is empowered to lease, sublease, let, sublet, contract or sell the same on such terms as the [commission] administrator shall determine.

      2.  Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada shall, before the application is approved, provide an indemnifying bond by a corporation qualified under the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the [commission] administrator may require, conditioned for the full and faithful performance of such lease, sublease, contract or other agreement.

      3.  The power and water shall not be sold for less than the actual cost to the State of Nevada.

      4.  Before any such sale or lease is made, the same shall be advertised in two papers of general circulation published in the State of Nevada for a period of once a week for 2 weeks; and the [commission] administrator shall require any person desiring to make objection thereto to file the objection with the [secretary of the commission] division within 10 days after the date of the last publication of the notice.


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ê1973 Statutes of Nevada, Page 1608 (Chapter 763, AB 342)ê

 

the objection with the [secretary of the commission] division within 10 days after the date of the last publication of the notice. If any objection [shall be] is filed pursuant to such notice then the [commission] administrator shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.

      5.  Any such lease, sublease, contract or sale, either of the water or power mentioned in NRS 538.040 to 538.260, inclusive, shall not become binding upon the State of Nevada until ratified and approved by the governor and, where required by the provisions of subsection 2 of NRS 538.220, until approved by the United States.

      Sec. 32.  NRS 538.190 is hereby amended to read as follows:

      538.190  1.  Except as provided in subsection 2, all revenues derived from the sale, lease or use of water or power which shall become due and owing to the State of Nevada under any lease, contract or sale, or otherwise, of water or power obtained from the Colorado River power and water system, and from other sources, shall be received, collected and paid directly to the state treasurer and deposited by him in a fund, hereby created, to be known as and called the Colorado River [commission] resources fund.

      2.  There is hereby created in the state treasury the Colorado River [commission] research and development fund for the purpose of defraying the costs of engineering studies, analysis, negotiation and such other efforts as may, in the opinion of the [commission,] administrator, be necessary and proper for the protection of the interests of the State of Nevada in the development and acquisition of sources of water and power along and related to the Colorado River and elsewhere. The charge for water and power included in any lease or contract executed after April 18, 1963, between the [commission] division and water or power users shall be sufficient in amount to maintain the Colorado River [commission] research and development fund in addition to defraying the cost to the [commission] division of water and power delivered. When collected, such additional revenues shall be paid directly to the state treasurer and deposited by him in the Colorado River [commission] research and development fund.

      Sec. 33.  NRS 538.210 is hereby amended to read as follows:

      538.210  The [commission is authorized to] administrator may adopt such written rules and regulations governing the procedure described in NRS 538.130 to 538.200, inclusive, as may be just and reasonable.

      Sec. 34.  NRS 538.220 is hereby amended to read as follows:

      538.220  1.  Notwithstanding anything in NRS 538.040 to 538.260, inclusive, to the contrary, the [commission is authorized to] administrator may request, on behalf of the State of Nevada, from the Secretary of the Interior of the United States the installation of water service facilities or electrical generating machinery and equipment as the [commission in its] administrator in his discretion may deem necessary or convenient to meet and serve the future water and power demands and requirements of the State of Nevada, and [the commission is authorized and directed to] he shall negotiate for and obtain and enter into and execute and cause to be executed such contracts, documents and instruments as are appropriate and requisite to carry such requests into effect.


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ê1973 Statutes of Nevada, Page 1609 (Chapter 763, AB 342)ê

 

to] he shall negotiate for and obtain and enter into and execute and cause to be executed such contracts, documents and instruments as are appropriate and requisite to carry such requests into effect.

      2.  In the contracts, documents and instruments referred to in subsection 1, the [commission is authorized:

      (a) To obligate itself and] administrator may:

      (a) Obligate the State of Nevada to repay the cost of water service facilities constructed by the United States;

      (b) [To obligate itself] Obligate the division to operate and maintain water service facilities constructed by the United States;

      (c) [To sell] Sell Colorado River water, at wholesale, and deliver it through water service facilities constructed by the United States under contracts to be approved by the United States and upon charges which will yield to the [commission] division revenues sufficient to repay the costs of such facilities and their operation and maintenance and, in addition, the cost of the water;

      (d) [To require] Require each purchaser of Colorado River water from the [commission] division to exercise such powers as such purchaser may possess to levy and collect taxes or assessments for the purposes of meeting the charges payable to the [commission;] division; and

      (e) [To agree] Agree to institute in the eighth judicial district court of the State of Nevada, and to prosecute to final judgment, including appellate review, proceedings to determine the validity of any contract or other obligation entered into with the United States under the provisions of subsection 1. Jurisdiction is hereby conferred upon such court, and generally upon each of the district courts of the State of Nevada, to conduct proceedings for such purpose as in the ordinary case of the judicial determination of proceedings, contracts, bonds and obligations of water conservancy districts as provided in NRS 541.380 to 541.420, inclusive. Such proceedings may be initiated by and in the name of the [commission. The commission is hereby empowered to do and perform all acts and things so agreed to be done and performed by it as aforesaid.] administrator.

      3.  In the event of the installation of any water service facilities and electrical generating machinery and equipment or water service facilities or electrical generating machinery and equipment pursuant to a request therefor by the [commission,] administrator, the faith and credit of the State of Nevada hereby is and shall be irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of this state, in any contract heretofore or hereafter entered into with the United States of America.

      Sec. 35.  NRS 538.230 is hereby amended to read as follows:

      538.230  1.  The [commission shall have power:

      (a) To hold] administrator may:

      (a) Hold hearings.

      (b) [To receive] Receive and hear objections filed to the granting of contracts after advertisement.

      (c) [To require] Require the attendance of witnesses.


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ê1973 Statutes of Nevada, Page 1610 (Chapter 763, AB 342)ê

 

      (d) [To take] Take testimony whenever [it shall deem] he deems it necessary to carry out the provisions of NRS 538.040 to 538.260, inclusive.

      2.  [Any commissioner is authorized and empowered to] The administrator may administer oaths to any witnesses called to testify at any hearing or proceeding before [the commission.] him.

      Sec. 36.  NRS 538.240 is hereby amended to read as follows:

      538.240  1.  Revenues received from the sale of water delivered through the water service facilities referred to in NRS 538.220 shall be applied and disbursed by the [commission] division in the following order:

      (a) To the payment to the Federal Government or to the [commission] division [of] for the cost of operation and maintenance of such works and facilities.

      (b) To the payment to the Federal Government of cost of construction of such works and facilities allocated by the Secretary of the Interior for reimbursement under any contracts therefor.

      (c) To the payment of compensation and expenses of the [commission] division and all other obligations incurred through performance by the [commission] division of the duties designated in NRS 538.040 to 538.260, inclusive.

      (d) To the repayment to the State of Nevada of any moneys advanced or appropriated to the [commission,] division, such repayment to be placed in and to be a part of the general fund of the state.

      2.  Revenues received from the sale of power or water other than provided for in subsection 1 or otherwise shall be applied and disbursed by the [commission] division in the following order:

      (a) To the payment to the Federal Government of the cost of electrical energy and the generation and delivery thereof in accordance with bills rendered by the Secretary of the Interior of the United States.

      (b) To the payment to other entities of the cost of water and the cost of electrical energy and the generation thereof or the cost of water or the cost of electrical energy and the generation thereof in accordance with bills rendered by such entities.

      (c) To the payment of compensation and expenses of the [commission] division and all other obligations incurred through performance by the [commission] division of the duties designated in NRS 538.040 to 538.260, inclusive.

      (d) To the repayment to the State of Nevada of any moneys advanced or appropriated to the [commission,] division, such repayment to be placed in and to be a part of the general fund of the state.

      [3.  All vouchers for the disbursement of such funds shall be paid out of the Colorado River commission resources fund upon warrants to be drawn by the state controller and paid by the state treasurer.]

      Sec. 36.5.  NRS 538.250 is hereby amended to read as follows:

      538.250  The state controller is authorized and required to draw his warrants on the Colorado River [commission] resources fund for payment of all claims against such fund, and the state treasurer is authorized and required to pay the same.

      Sec. 37.  NRS 538.260 is hereby amended to read as follows:


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ê1973 Statutes of Nevada, Page 1611 (Chapter 763, AB 342)ê

 

      538.260  Any and all contracts entered into by the [commission] administrator pertaining to the water of the Colorado River belonging or allotted to or contracted by the State of Nevada and the electrical power developed at Hoover Dam or elsewhere on the Colorado River, or contracts entered into pertaining to power and water or power or water belonging, allotted to or contracted by the State of Nevada from other entities shall not be binding upon the State of Nevada until approved by the governor.

      Sec. 38.  (Deleted by amendment.)

      Sec. 39.  The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act:

      1.  If reference is made to the Colorado River commission of Nevada, substitute an appropriate reference to the Colorado River advisory commission, the division of Colorado River resources of the state department of conservation and natural resources or to the administrator of that division, according to the function involved.

      2.  If reference is made to the secretary of the Colorado River commission, substitute an appropriate reference to the administrator of the division of Colorado River resources of the state department of conservation and natural resources.

      3.  If an internal reference is made to a section repealed by this act, delete the reference or correct it by reference to the superseding section if any.

      Sec. 40.  Each valid contract which the former Colorado River commission executed as principal on its own behalf, whether as a sole, several or joint obligor, is recognized as a continuing obligation of the State of Nevada. In discharging his duties imposed by this amendatory act, the administrator shall perform all obligations of every such contract.

      Sec. 41.  1.  Section 1 of this act shall not become effective if either Senate Bill 489 or Assembly Bill 472 of the 57th session of the Nevada legislature becomes law.

      2.  Section 1.5 of this act shall become effective only if either Senate Bill 489 or Assembly Bill 472 of the 57th session of the Nevada legislature becomes law.

      Sec. 42.  This act shall become effective on July 1, 1974.

 

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ê1973 Statutes of Nevada, Page 1612ê

 

CHAPTER 764, AB 394

Assembly Bill No. 394–Committee on Health and Welfare

CHAPTER 764

AN ACT relating to the provision of maintenance and special services to children who are placed in the custody of the welfare division and who are placed in homes of relatives other than parents.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 432.020 is hereby amended to read as follows:

      432.020  The welfare division is hereby authorized and empowered:

      1.  To provide maintenance and special services to:

      (a) Unmarried mothers and children awaiting adoptive placement.

      (b) Handicapped children who are receiving specialized care, training or education.

      (c) Children who are placed in the custody of the welfare division, and who are placed in foster homes, homes of relatives other than parents, group care facilities or other care centers or institutions, but payment for children who are placed in the Nevada state children’s home shall be made in accordance with the provisions of NRS 423.210.

      (d) Children under the jurisdiction and in the custody of the Nevada youth training center or the Nevada girls training center who are referred to the welfare division as requiring foster home care upon being paroled from such school.

      2.  If any child is placed in the custody of the welfare division, pursuant to any court order or request, such order or request shall be issued or made after an opportunity for a hearing has been given to the welfare division pursuant to summons or other notice, or upon request of the welfare division.

      3.  To return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days from the placement of the child in the custody of the welfare division, with notification to but without formal application to a court, but the welfare division shall retain the right to custody of the child during such period, until a court of competent jurisdiction determines proper custody of the child.

      4.  To accept moneys from and cooperate with the United States or any of its agencies in carrying out the provisions of this chapter and of any federal acts pertaining to public child welfare and youth services, including those related to the prevention and treatment of juvenile delinquency and other matters of mutual concern, insofar as such acceptance may be legally delegated by the legislature to the welfare division.

      Sec. 2.  NRS 432.020 is hereby amended to read as follows:

      432.020  The welfare division is hereby authorized and empowered:

      1.  To provide maintenance and special services to:

      (a) Unmarried mothers and children awaiting adoptive placement.

      (b) Handicapped children who are receiving specialized care, training or education.

      (c) Children who are placed in the custody of the welfare division, and who are placed in foster homes, homes of relatives other than parents, group care facilities or other care centers or institutions, but payment for children who are placed in the northern Nevada children’s home or the southern Nevada children’s home shall be made in accordance with the provisions of NRS 423.210.


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ê1973 Statutes of Nevada, Page 1613 (Chapter 764, AB 394)ê

 

who are placed in foster homes, homes of relatives other than parents, group care facilities or other care centers or institutions, but payment for children who are placed in the northern Nevada children’s home or the southern Nevada children’s home shall be made in accordance with the provisions of NRS 423.210.

      (d) Children under the jurisdiction and in the custody of the Nevada youth training center or the Nevada girls training center who are referred to the welfare division as requiring foster home care upon being paroled from such school.

      2.  If any child is placed in the custody of the welfare division, pursuant to any court order or request, such order or request shall be issued or made after an opportunity for a hearing has been given to the welfare division pursuant to summons or other notice, or upon request of the welfare division.

      3.  To return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days from the placement of the child in the custody of the welfare division, with notification to but without formal application to a court, but the welfare division shall retain the right to custody of the child during such period, until a court of competent jurisdiction determines proper custody of the child.

      4.  To accept moneys from and cooperate with the United States or any of its agencies in carrying out the provisions of this chapter and of any federal acts pertaining to public child welfare and youth services, including those related to the prevention and treatment of juvenile delinquency and other matters of mutual concern, insofar as such acceptance may be legally delegated by the legislature to the welfare division.

      Sec. 3.  1.  Section 1 of this act shall not become effective if section 78 of Assembly Bill No. 405 of the 57th session of the legislature becomes law.

      2.  Section 2 of this act shall not become effective if section 78 of Assembly Bill No. 405 of the 57th session of the legislature does not become law.

      Sec. 4.  This act shall become effective at 12:04 a.m. on July 1, 1973.

 

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ê1973 Statutes of Nevada, Page 1614ê

 

CHAPTER 765, AB 405

Assembly Bill No. 405–Messrs. Vergiels, Ullom, Banner, Prince, Mrs. Brookman, Messrs. Mello, Smalley, Glover, Miss Foote, Messrs. May, Dreyer, Hayes, Demers, Schofield, Bremner, Young, Dini, Hickey, Mrs. Ford, Messrs. Crawford, Bennett, Craddock, Capurro, Mrs. Gojack, Messrs. Smith, Wittenberg, Robinson, Lowman, Bickerstaff and Barengo

CHAPTER 765

AN ACT relating to youth services; creating a youth services agency within the department of health, welfare and rehabilitation; establishing a single youth services agency advisory board; establishing the northern Nevada children’s home and the southern Nevada children’s home as separate institutions; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  The purpose of the youth services agency created by sections 2 to 12, inclusive, of this act is to provide services for youth who are in need of residential care or in need of treatment or both. In accomplishing this purpose, the agency shall work closely with other governmental agencies and with public and private agencies providing the same or a similar service. The agency, through the department of health, welfare and rehabilitation, shall be the sole state agency for the establishment of standards for the receipt of federal funds in the field of juvenile development and delinquency prevention programs. The agency shall develop standards for implementation of programs aimed toward the prevention of delinquent acts of children and programs for the treatment of those brought to its attention. It shall assist in the development of programs for the pre-delinquent children whose behavior tends to lead them into contact with law enforcement agencies.

      Sec. 3.  As used in sections 2 to 12, inclusive, of this act unless the context requires otherwise:

      1.  “Administrator” means the administrator of the youth services agency.

      2.  “Agency” means the youth services agency in the department of health, welfare and rehabilitation.

      3.  “Board” means the youth services agency advisory board.

      Sec. 4.  1.  The youth services agency is hereby created within the department of health, welfare and rehabilitation.

      2.  The agency shall consist of an administrator and the following divisions:

      (a) Nevada youth training center division.

      (b) Nevada girls training center division.

      (c) Northern Nevada children’s home division.

      (d) Southern Nevada children’s home division.

      (e) Community services division.

      Sec. 5.  The administrator shall be appointed on the basis of his education, training, experience, demonstrated abilities and his interest in youth services and related programs.

      Sec. 6.  The administrator shall:


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ê1973 Statutes of Nevada, Page 1615 (Chapter 765, AB 405)ê

 

      1.  Appoint, with the approval of the director, a chief of each of the divisions in the agency. The chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the northern Nevada children’s home division shall be known as the superintendent of the northern Nevada children’s home, the chief of the southern Nevada children’s home division shall be known as the superintendent of the southern Nevada children’s home and the chief of the community services division shall be known as the chief of the community services division.

      2.  Be responsible for the administration, through the divisions of the agency, of the provisions of chapters 210 and 423 of NRS and sections 2 to 12, inclusive, of this act and all other provisions of law relating to the functions of the divisions of the agency, but shall not be responsible for the professional line activities of the divisions except as specifically provided by law.

      Sec. 7.  1.  The superintendents of the Nevada youth training center, the Nevada girls training center, the northern Nevada children’s home and the southern Nevada children’s home 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 the superintendent affected shall be in the classified service of the state pursuant to the provisions of such chapter.

      (b) Receive annual salaries as determined pursuant to the provisions of NRS 284.182, unless a superintendent 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.

      2.  The chief of the community services division shall:

      (a) Be in the classified service of the state pursuant to the provisions of chapter 284 of NRS.

      (b) Receive an annual salary in an amount fixed pursuant to the provisions of chapter 284 of NRS.

      Sec. 8.  The chief of each division of the agency shall:

      1.  Administer the provisions of law relating to his division, subject to the administrative supervision of the administrator.

      2.  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. 9.  The community services division of the agency shall develop and assist in the implementation of programs for the diversion of juveniles out of the judicial system and programs for the aftercare of juveniles who have been released from state institutions or who have been brought before the juvenile court or have otherwise come into contact with law enforcement agencies. The chief of the community services division shall be responsible for monitoring and evaluating the success of such programs.

      Sec. 10.  1.  There is hereby created the youth services agency advisory board, which shall be composed of seven members appointed by and responsible to the governor and serving at the pleasure of the governor.


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ê1973 Statutes of Nevada, Page 1616 (Chapter 765, AB 405)ê

 

      2.  Members of the board shall be selected with special reference to their ability, interest and fitness to effectuate the purposes of sections 2 to 12, inclusive, of this act.

      3.  No more than three members of the board shall be residents of the same county.

      4.  The administrator shall serve as executive secretary to the board.

      Sec. 11.  1.  The members of the board shall meet at such times and such places as they shall deem necessary, but a meeting of the board shall be held at quarterly intervals.

      2.  The board shall prescribe rules and regulations for its own management and government, and it shall have only such powers and duties as may be authorized by law.

      3.  Four members of the board shall constitute a quorum, and such quorum may exercise all the power and authority conferred on the board.

      4.  While engaged in official business of the agency, the members of the board shall receive the per diem expense allowance and travel expenses provided by law.

      Sec. 12.  The board shall be an advisory body to the administrator and as such shall have the following advisory powers and duties:

      1.  To be informed on and interested in the entire field of legislation and administration concerning the care and delivery of services to, whether or not so adjudicated, delinquent youth and youth in need of services.

      2.  To advise the administrator concerning the organization and administration of the agency or any of its divisions. The administrator shall report to the board upon all matters concerning the administration of his office and he shall request the advice and counsel of the board on matters concerning the policy thereof, but the administrator shall be responsible for the conduct and policies of the agency and its administrative functions, unless otherwise provided by law.

      3.  To report to the governor and the legislature on all matters which it may deem pertinent to the agency and concerning any specific matters previously requested by the governor.

      4.  To advise and make recommendations to the governor or legislature relative to the policy of the state concerning youth.

      5.  To advise the administrator with respect to the preparation and amendment of any rules or regulations to give effect to the provisions of chapters 210 and 423 of NRS and sections 2 to 12, inclusive, of this act.

      6.  To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of chapters 210 and 423 of NRS and sections 2 to 12, inclusive, of this act.

      7.  To keep minutes of the transactions of each board meeting, regular or special, which shall be public records and filed with the department.

      8.  To adopt and maintain a program of public information as to the operation and needs of the divisions within the agency.

      Sec. 13.  (There is no section 13.)

      Sec. 14.  NRS 210.010 is hereby amended to read as follows:

      210.010  The following words shall have the following meaning within the purview of NRS 210.010 to 210.290, inclusive, and shall be so construed:

 


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ê1973 Statutes of Nevada, Page 1617 (Chapter 765, AB 405)ê

 

within the purview of NRS 210.010 to 210.290, inclusive, and shall be so construed:

      1.  “Administrator” means the administrator of the youth services agency in the department of health, welfare and rehabilitation.

      2.  “Board” means the youth training center advisory board.

      3.  “Director” means the director of the department of health, welfare and rehabilitation.

      [3.]4.  “School” means the Nevada youth training center, heretofore established and maintained for the care of minors adjudged delinquent and committed thereto.

      [4.]5.  “Superintendent” means the superintendent of the school.

      Sec. 15.  NRS 210.015 is hereby amended to read as follows:

      210.015  The provisions of NRS 210.010 to 210.290, inclusive, shall be administered by the superintendent, subject to administrative supervision by the [director.] administrator.

      Sec. 16.  NRS 210.060 is hereby amended to read as follows:

      210.060  1.  The superintendent [of the school shall be selected as provided in NRS 232.320.

      2.  He] shall reside at the residence provided for in NRS 210.063.

      [3.]2.  He shall receive the per diem expense allowance and travel expenses as fixed by law.

      Sec. 17.  NRS 210.065 is hereby amended to read as follows:

      210.065  1.  The superintendent shall have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He shall have had at least 2 years’ administrative experience in an institution dealing primarily with youth on a 24-hour basis, and shall have graduated from an accredited 4-year college or university, or have had an equivalent combination of experience and training, substituting 2 years of such experience for 1 year of training.

      2.  The [director] administrator shall request the personnel division of the department of administration to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.

      Sec. 18.  NRS 210.070 is hereby amended to read as follows:

      210.070  1.  The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.

      2.  He shall be the executive and administrative head of the school, subject to administrative supervision by the [director,] administrator, and as such shall have the following powers and duties:

      (a) To exercise general supervision of and make and revise rules and regulations for the government of the school.

      (b) To make and revise rules and regulations for the preservation of order and the enforcement of discipline.

      (c) To be responsible for and to supervise the fiscal affairs and responsibilities of the school, and to purchase such supplies and equipment as may be necessary from time to time.

      (d) To make quarterly reports to the [director,] administrator, and to supply the [director] administrator with material on which to base proposed legislation.


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ê1973 Statutes of Nevada, Page 1618 (Chapter 765, AB 405)ê

 

to supply the [director] administrator with material on which to base proposed legislation.

      (e) To keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

      (f) To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.010 to 210.290, inclusive.

      (g) To submit a biennial report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the [director] administrator of the condition, operation and functioning of the school, and anticipated needs of the school.

      (h) To keep the public informed in regard to the activities and operation of the school, and to disseminate other information which will acquaint the public with juvenile correctional problems.

      (i) To designate a person or persons to classify and assign juveniles to programs in the school. The program assignment shall be made on the following basis:

             (1) As soon as practicable after an individual is received, and in any case no later than the expiration of the first 30 days, his file shall be studied and he shall be interviewed and a determination made as to the program of education, employment, training, treatment, care and custody appropriate for him. A record of such program assignment shall be made and shall be a part of his written record file. A staff member shall be designated for each individual as his staff counselor.

             (2) The program assignment shall be reviewed at least once every 3 months and the individual shall be interviewed if it is deemed desirable or if he so requests. After review, such changes in his program of education, employment, training, treatment, care and custody may be made as are considered necessary or desirable and a record thereof made a part of the file. If the individual requests a change in his program and such request is denied, the basis for denial shall be given to him and a written statement thereof shall be made a part of his file.

             (3) The basis objective of the program assignment is to change the behavior, attitude and thinking of the individual so that he can once again function freely in his normal environment.

      Sec. 19.  NRS 210.075 is hereby amended to read as follows:

      210.075  The superintendent may, with the approval of the [director,] administrator, enter into contracts with colleges, universities and other organizations for the purposes of research in the field of delinquency and crime prevention, for training special workers, including teachers, probation and parole officers, social workers and others, whether volunteers or not, or whether they are on a part-time or full-time basis, engaged in the fields of education, recreation, mental hygiene and the treatment and prevention of delinquency.

      Sec. 20.  NRS 210.085 is hereby amended to read as follows:

      210.085  1.  If the superintendent finds that it is necessary or desirable that any employee reside at the school, perquisites granted to such person or charges for services rendered to such person shall be at the discretion of the [director.] administrator.


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ê1973 Statutes of Nevada, Page 1619 (Chapter 765, AB 405)ê

 

      2.  [The director shall notify each regular session of the legislature of the existing charges and perquisites.] The administrator shall submit to the director, for transmission to each regular session of the legislature, a report of the existing charges and perquisites.

      Sec. 21.  NRS 210.160 is hereby amended to read as follows:

      210.160  The superintendent is authorized to accept funds and valuables of inmates for safekeeping pending their discharges, and is directed to deposit such funds in one or more banks of reputable standing. He shall keep, or cause to be kept, a fair and full account of such funds and valuables, and shall submit reports to the [director] administrator relative to such funds and valuables as may be required from time to time.

      Sec. 22.  NRS 210.170 is hereby amended to read as follows:

      210.170  1.  The superintendent, subject to the approval of the administrator, may establish an inmates’ commissary or store, which shall exist for the benefit and use of the inmates. So far as practicable, sales of supplies and materials to the inmates shall be at cost. The superintendent shall keep, or cause to be kept, a record of all transactions of the commissary.

      2.  The youth training center commissary fund is hereby created, and shall be used to purchase supplies and materials for resale to the inmates, to provide money for needy inmates, and for other incidentals as may be deemed necessary by the superintendent. All money drawn from the fund shall be repaid whenever possible.

      3.  The superintendent is directed to deposit the fund in one or more banks of reputable standing, and to maintain a small sum as petty case at the commissary.

      Sec. 23.  NRS 210.189 is hereby amended to read as follows:

      210.189  1.  The committing court may change, modify or set aside the order of commitment. Ten days’ written notice of the hearing of the application therefor shall be served upon the superintendent, by registered mail, postage prepaid.

      2.  In changing, modifying or setting aside such order, the court shall give due consideration to the effect thereof upon the discipline and [parole system] program of the school.

      Sec. 24.  NRS 210.230 is hereby amended to read as follows:

      210.230  The superintendent, with the approval of the [director,] administrator, may enter into contracts with the Federal Government, state officials and various state agencies and departments, for the purposes of carrying out the provisions of NRS 210.220.

      Sec. 25.  (There is no section 25.)

      Sec. 26.  (There is no section 26.)

      Sec. 27.  (There is no section 27.)

      Sec. 28.  (There is no section 28.)

      Sec. 29.  NRS 210.400 is hereby amended to read as follows:

      210.400  As used in NRS 210.400 to 210.715, inclusive:

      1.  “Administrator” means the administrator of the youth services agency in the department of health, welfare and rehabilitation.

      2.  “Board” means the Nevada girls training center advisory board.

      3.  “Director” means the director of the department of health, welfare and rehabilitation.


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ê1973 Statutes of Nevada, Page 1620 (Chapter 765, AB 405)ê

 

      [3.]4.  “School” means the Nevada girls training center.

      [4.]5.  “Superintendent” means the superintendent of the school.

      Sec. 30.  NRS 210.405 is hereby amended to read as follows:

      210.405  The provisions of NRS 210.400 to 210.715, inclusive, shall be administered by the superintendent, subject to administrative supervision by the [director.] administrator.

      Sec. 31.  NRS 210.450 is hereby amended to read as follows:

      210.450  1.  The position of superintendent of the school is hereby created.

      2.  The superintendent [shall be selected as provided in NRS 232.320.

      3.  He] shall reside at the residence provided for in NRS 210.460.

      [4.]3.  He shall receive the per diem expense allowance and travel expenses provided by law.

      Sec. 32.  NRS 210.470 is hereby amended to read as follows:

      210.470  1.  The superintendent shall have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He shall have had at least 2 years’ administrative experience in an institution dealing primarily with youth on a 24-hour basis, and shall have graduated from an accredited 4-year college or university, or have had an equivalent combination of experience and training, substituting 2 years of such experience for 1 year of training.

      2.  The [director] administrator shall request the personnel division of the department of administration to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.

      Sec. 33.  NRS 210.480 is hereby amended to read as follows:

      210.480  1.  The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.

      2.  He shall be the executive and administrative head of the school, subject to administrative supervision by the [director,] administrator, and as such shall have the following powers and duties:

      (a) Exercise general supervision of and make and revise rules and regulations for the government of the school.

      (b) Make and revise rules and regulations for the preservation of order and the enforcement of discipline.

      (c) Be responsible for and supervise the fiscal affairs and responsibilities of the school, and purchase such supplies and equipment as may be necessary from time to time.

      (d) Make quarterly reports to the [director,] administrator, and supply the [director] administrator with material on which to base proposed legislation.

      (e) Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

      (f) Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.400 to 210.715, inclusive.


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ê1973 Statutes of Nevada, Page 1621 (Chapter 765, AB 405)ê

 

      (g) Submit a biennial report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the [director] administrator of the condition, operation and functioning of the school, and anticipated needs of the school.

      (h) Keep the public informed in regard to the activities and operation of the school, and disseminate other information which will acquaint the public with juvenile correctional problems pertaining to females.

      (i) Designate a person or persons to classify and assign juveniles to programs in the school. The program assignment shall be made on the following basis:

             (1) As soon as practicable after an individual is received, and in any case no later than the expiration of the first 30 days, her file shall be studied and she shall be interviewed and a determination made as to the program of education, employment, training, treatment, care and custody appropriate for her. A record of such program assignment shall be made and shall be a part of her written record file. A staff member shall be designated for each individual as her staff counselor.

             (2) The program assignment shall be reviewed at least once every 3 months and the individual shall be interviewed if it is deemed desirable or if she so requests. After review, such changes in her program of education, employment, training, treatment, care and custody may be made as are considered necessary or desirable and a record thereof made a part of the file. If the individual requests a change in her program and such request is denied, the basis for denial shall be given to her and a written statement thereof shall be made a part of her file.

             (3) The basic objective of the program assignment shall be to change the behavior, attitude and thinking of the individual so that she can once again function freely in her normal environment.

      Sec. 34.  NRS 210.490 is hereby amended to read as follows:

      210.490  The superintendent may, with the approval of the [director,] administrator, enter into contracts with colleges, universities and other organizations for the purposes of research in the field of delinquency and crime prevention, for training special workers, including teachers, probation and parole officers, social workers and others, whether volunteers or not, or whether they are on a part-time or full-time basis, engaged in fields of education, recreation, mental hygiene and the treatment and prevention of delinquency.

      Sec. 35.  NRS 210.510 is hereby amended to read as follows:

      210.510  1.  If the superintendent finds that it is necessary or desirable that any employee reside at the school, perquisites granted to such person or charges for services rendered to such person shall be at the discretion of the [director.] administrator.

      2.  [The director shall notify each regular session of the legislature of the existing charges and perquisites.] The administrator shall submit to the director, for transmission to each regular session of the legislature, a report of the existing charges and perquisites.

      Sec. 36.  NRS 210.560 is hereby amended to read as follows:

      210.560  The superintendent is authorized to accept funds and valuables of inmates for safekeeping pending their discharges, and is directed to deposit such funds in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposits shall be secured by depository bond satisfactory to the state board of examiners.


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ê1973 Statutes of Nevada, Page 1622 (Chapter 765, AB 405)ê

 

directed to deposit such funds in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposits shall be secured by depository bond satisfactory to the state board of examiners. The superintendent shall keep, or cause to be kept, a fair and full account of such funds and valuables, and shall submit reports to the [director] administrator relative to such funds and valuables as may be required from time to time.

      Sec. 37.  NRS 210.570 is hereby amended to read as follows:

      210.570  1.  The superintendent, subject to the approval of the administrator, may establish an inmates’ commissary or store, which shall exist for the benefit and use of the inmates. So far as practicable, sales of supplies and materials to the inmates shall be at cost. The superintendent shall keep, or cause to be kept, a record of all transactions of the commissary.

      2.  The girls training center commissary fund is hereby created, and shall be used to purchase supplies and materials for resale to the inmates, to provide money for needy inmates, and for other incidentals as may be deemed necessary by the superintendent. All money from the fund shall be repaid wherever possible.

      3.  The superintendent is directed to deposit the fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.

      4.  The superintendent is authorized to maintain a small sum as petty cash at the commissary.

      Sec. 38.  NRS 210.630 is hereby amended to read as follows:

      210.630  1.  The committing court may change, modify or set aside the order of commitment. Ten days’ written notice of the hearing of the application therefor shall be served upon the superintendent, by registered mail, postage prepaid.

      2.  In changing, modifying or setting aside such order, the court shall give due consideration to the effect thereof upon the discipline and [parole system] program of the school.

      Sec. 39.  (There is no section 39.)

      Sec. 40.  (There is no section 40.)

      Sec. 41.  (There is no section 41.)

      Sec. 42.  (There is no section 42.)

      Sec. 43.  NRS 232.290 is hereby amended to read as follows:

      232.290  As used in NRS 232.290 to 232.350, inclusive, and sections 2 to 12, inclusive, of this act, unless the context requires otherwise:

      1.  “Department” means the department of health, welfare and rehabilitation.

      2.  “Director” means the director of the department of health, welfare and rehabilitation.

      Sec. 43.5.  NRS 232.290 is hereby amended to read as follows:

      232.290  As used in NRS 232.290 to 232.350, inclusive, [and] sections 5 to 8, inclusive, of [this act,] Senate Bill 590 of the 57th session of the legislature, and sections 2 to 12, inclusive, of this act, unless the context requires otherwise:


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ê1973 Statutes of Nevada, Page 1623 (Chapter 765, AB 405)ê

 

      1.  “Department” means the department of human resources.

      2.  “Director” means the director of the department of human resources.

      Sec. 44.  NRS 232.300 is hereby amended to read as follows:

      232.300  1.  The department of health, welfare and rehabilitation is hereby created.

      2.  [The department shall consist of a director and the following divisions:

      (a) Aging services division.

      (b) Alcoholism division.

      (c) Children’s home division.

      (d) Health division.

      (e) Mental hygiene and mental retardation division.

      (f) Nevada girls training center division.

      (g) Nevada youth training center division.

      (h) Rehabilitation division.

      (i) Services to the blind division.

      (j) Welfare division.] The department shall consist of a director and the following divisions and agency:

      (a) Aging services division.

      (b) Alcoholism division.

      (c) Health division.

      (d) Mental hygiene and mental retardation division.

      (e) Rehabilitation division.

      (f) Services to the blind division.

      (g) Welfare division.

      (h) Youth services agency.

      Sec. 44.5.  NRS 232.300 is hereby amended to read as follows:

      232.300  1.  The department of human resources is hereby created.

      2.  [The department shall consist of a director and the following divisions:

      (a) Aging services division.

      (b) Children’s home division.

      (c) Health division.

      (d) Mental hygiene and mental retardation division.

      (e) Nevada girls training center division.

      (f) Nevada youth training center division.

      (g) Rehabilitation division.

      (h) Welfare division.] The department shall consist of a director and the following divisions and agency:

      (a) Aging services division.

      (b) Health division.

      (c) Mental hygiene and mental retardation division.

      (d) Rehabilitation division.

      (e) Welfare division.

      (f) Youth services agency.

      3.  The department shall act as the sole agency responsible for administering the provisions of law relating to its respective divisions.

      Sec. 45.  NRS 232.310 is hereby amended to read as follows:


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ê1973 Statutes of Nevada, Page 1624 (Chapter 765, AB 405)ê

 

      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 an amount determined pursuant to the provisions of NRS 284.182.

      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 and agency 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. 46.  NRS 232.320 is hereby amended to read as follows:

      232.320  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions and agencies of the department. The chief of the aging services division shall be known as the administrator of the aging services division, the chief of the alcoholism division shall be known as the administrator of the alcoholism division, [the chief of the children’s home division shall be known as the superintendent of the Nevada state children’s home,] the chief of the services to the blind division shall be known as the supervisor of services to the blind, the chief of the health division shall be known as the state health officer, the chief of the mental hygiene and mental retardation division shall be known as the administrator of the mental hygiene and mental retardation division, [the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center,] the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division, [and] the chief of the welfare division shall be known as the state welfare administrator [.] , and the chief of the youth services agency shall be known as the administrator of the youth services agency.

      2.  Be responsible for the administration, through the divisions and agencies of the department, of the provisions of chapters 210, 422 to 427A, inclusive, and 430 to 433, inclusive, of NRS, NRS 435.130 to 435.320, inclusive, chapters 436, 439 to 447, inclusive, 449, 450 and 615 of NRS, and all other provisions of law relating to the functions of the divisions and agencies of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions [.]


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ê1973 Statutes of Nevada, Page 1625 (Chapter 765, AB 405)ê

 

of NRS, and all other provisions of law relating to the functions of the divisions and agencies of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions [.] or agencies.

      3.  Have such other powers and duties as provided by law.

      Sec. 46.5.  NRS 232.320 is hereby amended to read as follows:

      232.320  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions and agencies of the department. The chief of the aging services division shall be known as the administrator of the aging services division, [the chief of the children’s home division shall be known as the superintendent of the Nevada state children’s home,] the chief of the health division shall be known as the state health officer, the chief of the mental hygiene and mental retardation division shall be known as the administrator of the mental hygiene and mental retardation division, [the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center,] the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division, [and] the chief of the welfare division shall be known as the state welfare administrator [.] , and the chief of the youth services agency shall be known as the administrator of the youth services agency.

      2.  Be responsible for the administration, through the divisions and agencies of the department, of the provisions of chapters 210, 422 to 427A, inclusive, and 430 to 433, inclusive, of NRS, NRS 435.130 to 435.320, inclusive, chapters 436, 439 to 447, inclusive, 449, 450, 458 and 615 of NRS, and all other provisions of law relating to the functions of the divisions and agencies of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions [.] or agencies.

      3.  Have such other powers and duties as provided by law.

      Sec. 47.  NRS 232.340 is hereby amended to read as follows:

      232.340  The chief of each division and agency 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 an amount determined pursuant to the provisions of NRS 284.182, 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.

      3.  Administer the provisions of law relating to his division [,] or agency, 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. 48.  NRS 232.350 is hereby amended to read as follows:

      232.350  The chiefs of the divisions and agencies 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.


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ê1973 Statutes of Nevada, Page 1626 (Chapter 765, AB 405)ê

 

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 determined pursuant to the provisions of NRS 284.182.

      Sec. 49.  NRS 422.270 is hereby amended to read as follows:

      422.270  The director [, through the welfare division,] shall:

      1.  Administer all public welfare programs of this state, including old-age assistance, blind assistance, aid to dependent children, general assistance, child welfare services, and such other welfare activities and services as now are or hereafter may be authorized or provided for by the laws of this state and vested in the welfare division.

      2.  Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state to aid in the furtherance of any services and activities as set forth in subsection 1.

      3.  Make rules and regulations for the administration of this chapter which shall be binding upon all recipients and local units.

      4.  Monitor, explore and research the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting such needs, employing or contracting for such personnel and services as may be provided through legislative appropriations from the general fund or may become available through legislatively authorized or new funds from federal or other sources.

      5.  Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of such methods of administration as may be found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious utilization of new federal grants which will assist the division to fulfill the terms of this chapter.

      6.  Make all investigations required by a court in adoption proceedings as provided by law.

      7.  Establish reasonable minimum standards and regulations for foster homes, and shall license the same as provided by law.

      8.  Provide services and care to children, shall receive any child for placement, and shall provide for their care directly or through agents.

      9.  [Cooperate and advise with the state welfare board and the superintendent of the Nevada state children’s home in such matters as may be referred to the welfare division by the state welfare board or the superintendent of the Nevada state children’s home.

      10.]  Have the power to enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care.

      Sec. 50.  Chapter 423 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  There is hereby created the southern Nevada children’s home fund.

      2.  All accounts and demands against the southern Nevada children’s home shall be examined and approved by the superintendent and submitted by him to the state board of examiners. When allowed by the state board of examiners, the state controller shall draw his warrant in payment of such accounts and demands on the southern Nevada children’s home fund for that amount.


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

ê1973 Statutes of Nevada, Page 1627 (Chapter 765, AB 405)ê

 

      Sec. 51.  NRS 423.010 is hereby amended to read as follows:

      423.010  As used in this chapter:

      1.  “Administrator” means the administrator of the youth services agency in the department of health, welfare and rehabilitation.

      2.  “Board” means the state welfare board.

      [2.]3.  “Department” means the department of health, welfare and rehabilitation.

      [3.]4.  “Director” [mean] means the director of the department of health, welfare and rehabilitation.

      [4.]5.  “Superintendent” means the superintendent of the [Nevada state children’s home.] northern Nevada children’s home or the superintendent of the southern Nevada children’s home.

      Sec. 52.  NRS 423.020 is hereby amended to read as follows:

      423.020  1.  The institution formerly known as the state orphans’ home, established in Carson City, Nevada, pursuant to the provisions of chapter 62, Statutes of Nevada 1869, shall hereafter be known as the [Nevada state children’s home.] northern Nevada children’s home.

      2.  The institution established and operating as a state children’s home in Boulder City, Nevada, shall be known as the southern Nevada children’s home.

      Sec. 53.  NRS 423.030 is hereby amended to read as follows:

      423.030  [The superintendent and the children’s home division of the department of health, welfare and rehabilitation shall administer the provisions of this chapter pursuant to the policies established by the state welfare board and subject to administrative supervision by the director.] The superintendents, subject to the administrative supervision of the administrator, shall administer the provisions of this chapter pursuant to the policies established by the state welfare board.

      Sec. 54.  NRS 423.050 is hereby amended to read as follows:

      423.050  The [superintendent] superintendents shall be selected on the basis of training, experience, capacity and interest in child welfare.

      Sec. 55.  NRS 423.065 is hereby amended to read as follows:

      423.065  1.  [The] Each superintendent [shall be] is entitled to:

      (a) The use of a residence on the grounds of or near the [Nevada state] children’s home, which shall be maintained by the state. The superintendent shall reside at such residence.

      (b) Heat, electricity and water for the residence.

      (c) The use of an electric or gas cooking stove, a refrigerator and an automatic washing machine.

      (d) Meals at the [Nevada state] children’s home without charge when supervising personnel or children.

      2.  Any furnishings or appliances in use in the residence of the superintendent on July 1, 1960, may be continued in use in the discretion of the superintendent, but no replacements of such appliances or furnishings, except the appliances referred to in subsection 1, may be made at state expense.

      3.  [The] Neither superintendent shall receive [no] any perquisites except those provided for in this section.

      Sec. 56.  NRS 423.070 is hereby amended to read as follows:

      423.070  [The superintendent shall have power to manage and administer the affairs of the Nevada state children’s home and to establish rules for its operation not inconsistent with any policies set forth by the state welfare board.]


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ê1973 Statutes of Nevada, Page 1628 (Chapter 765, AB 405)ê

 

rules for its operation not inconsistent with any policies set forth by the state welfare board.] The superintendents, subject to the approval of the administrator, shall have the power to manage and administer the affairs of their respective children’s homes and to establish rules for the operation of such homes not inconsistent with any policies established by the state welfare board.

      Sec. 57.  NRS 423.080 is hereby amended to read as follows:

      423.080  1.  The fund heretofore known as the state orphans’ home fund shall hereafter be known as the [state] northern Nevada children’s home fund.

      2.  All accounts and demands against the [Nevada state children’s home] northern Nevada children’s home shall be examined and approved by the superintendent and submitted by him to the state board of examiners. When allowed by the state board of examiners, the state controller shall draw his warrant in payment of such accounts and demands on the [state] northern Nevada children’s home fund for that amount.

      Sec. 58.  NRS 423.085 is hereby amended to read as follows:

      423.085  [The] Each superintendent may establish a savings account with a bank or a savings and loan association authorized to do business in this state. The superintendent may place in such account moneys which were not appropriated by the State of Nevada but which are held for the benefit of the children in the [Nevada state] children’s home.

      Sec. 59.  NRS 423.090 is hereby amended to read as follows:

      423.090  1.  Subject to the provisions of chapter 284 of NRS, the [superintendent] superintendents shall employ all persons necessary to conduct the affairs of [the Nevada state children’s home.] their respective children’s homes.

      2.  Employees in the unclassified service of the state shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.

      3.  [The] Each 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. 60.  NRS 423.095 is hereby amended to read as follows:

      423.095  1.  If the superintendent finds that it is necessary or desirable that any employee reside at the [Nevada state] children’s home, perquisites granted to such persons or charges for services rendered to such persons shall be at the discretion of the [governor.] administrator.

      2.  [The governor shall notify each regular session of the legislature of the existing charges and perquisites.] The administrator shall submit to the director, for transmission to each regular session of the legislature, a report of the existing charges and perquisites.

      Sec. 61.  NRS 423.100 is hereby amended to read as follows:

      423.100  [The superintendent shall:

      1.  Make a report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the director of the condition, operation and function of the Nevada state children’s home.

      2.  Make reports to the state welfare board.] Each of the superintendents shall make a report before September 1 of each even-numbered year, covering the biennium ending June 30 of such year, to the administrator and the state welfare board on the condition, operation and function of their respective children’s homes.


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ê1973 Statutes of Nevada, Page 1629 (Chapter 765, AB 405)ê

 

year, covering the biennium ending June 30 of such year, to the administrator and the state welfare board on the condition, operation and function of their respective children’s homes.

      Sec. 62.  NRS 423.110 is hereby amended to read as follows:

      423.110  [The] Each superintendent shall:

      1.  Keep a complete record of all papers and documents pertaining to his office.

      2.  Supply the legislature with requested material.

      3.  [Present the biennial budget of the Nevada state children’s home] Present to the administrator the biennial budget of his children’s home for transmission to the legislature in conjunction with the chief of the budget division of the department of administration.

      Sec. 63.  NRS 423.120 is hereby amended to read as follows:

      423.120  The [superintendent] superintendents shall:

      1.  Inform the public with regard to the activities and operation of [the Nevada state children’s home.] their respective children’s homes.

      2.  Furnish other information which may be requested to acquaint the public with the problems of [the Nevada state children’s home.] their respective children’s homes.

      Sec. 64.  NRS 423.130 is hereby amended to read as follows:

      423.130  [The superintendent of the Nevada state children’s home shall receive any gifts made to the Nevada state children’s home in the name of the Nevada state children’s home and shall be accountable to and report such gifts to the state welfare board.]

      1.  The superintendent of the northern Nevada children’s home shall receive any gifts made to the northern Nevada children’s home in the name of the northern Nevada children’s home and shall be accountable to and report such gifts to the administrator.

      2.  The superintendent of the southern Nevada children’s home shall receive any gifts made to the southern Nevada children’s home in the name of the southern Nevada children’s home and shall be accountable to and report such gifts to the administrator.

      Sec. 65.  NRS 423.140 is hereby amended to read as follows:

      423.140  No child shall be admitted to, received into or ordered committed to the [Nevada state children’s home] northern Nevada children’s home or the southern Nevada children’s home who is insane, idiotic, or so mentally or physically deformed as to be incapable of receiving the elements of an education, or who has any contagious disease.

      Sec. 66.  NRS 423.145 is hereby amended to read as follows:

      423.145  [The superintendent may refuse admission of any child to the Nevada state children’s home or the Southern Nevada children’s home if there are no adequate facilities available to provide the necessary care or there are not adequate funds available for the support of such homes.]

      1.  The superintendent of the northern Nevada children’s home may refuse admission of any child to such children’s home if there are no adequate facilities available to provide the necessary care or there are not adequate funds available for the support of such home.

      2.  The superintendent of the southern Nevada children’s home may refuse admission of any child to such children’s home if there are no adequate facilities available to provide the necessary care or there are not adequate funds available for the support of such home.


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ê1973 Statutes of Nevada, Page 1630 (Chapter 765, AB 405)ê

 

refuse admission of any child to such children’s home if there are no adequate facilities available to provide the necessary care or there are not adequate funds available for the support of such home.

      Sec. 67.  NRS 423.150 is hereby amended to read as follows:

      423.150  1.  Upon complying with the provisions of this chapter, all male and female whole orphans under 18 years of age may be admitted to the [Nevada state children’s home.] northern Nevada children’s home or the southern Nevada children’s home.

      2.  For the purposes of this chapter, a whole orphan is a child both of whose parents are deceased.

      Sec. 68.  NRS 423.160 is hereby amended to read as follows:

      423.160  1.  Upon the written, verified application of any citizen of the State of Nevada, in behalf of any whole orphan, to the district judge of any county, the district judge, sitting either in chambers or as a court, shall issue a citation to be served, respected and enforced as are other judicial writs, commanding the applicant to appear before him at a time and place to be specified, not less than 5 days thereafter, and make proof concerning the matter set forth in the application. The judge may, in his discretion, shorten the time. A notice of the hearing shall be given in like manner to the nearest relation of the orphan, resident in the state. At the same time the judge shall cite the person having the control or custody of the orphan to bring him before the judge on the date of the hearing. On the written application of the nearest relation of any such whole orphan, the notice and citation precedent to the hearing may, in the discretion of the judge, be omitted.

      2.  The application shall:

      (a) Show such orphan to be the child of parents either or both of whom, at the time of decease, were resident citizens of the State of Nevada; and

      (b) Show that the condition of the orphan is such that it would be for his best interests to be admitted to the [Nevada state children’s home;] northern Nevada children’s home or the southern Nevada children’s home; and

      (c) Give the name and place of residence of the nearest relation of the orphan, resident in the State of Nevada.

      3.  On the day of the hearing the judge or court shall examine into the matter of the application, and may hear evidence, and require witnesses to be produced before him. The judge or court shall examine the orphan separately and apart from all persons, but any whole orphan under the age of 10 years need not be brought before the judge or court on the day of the hearing. If the judge or court determines that it is for the best interests of such orphan and of the state that he shall be admitted to the privileges of the [Nevada state children’s home,] northern Nevada children’s home or the southern Nevada children’s home, he shall make an order to that effect and direct the sheriff or some other suitable person to convey, or have conveyed, the orphan to the [Nevada state] children’s home, accompanied by a copy of the order of the court, and delivered to the superintendent.

      4.  The county from which the orphan was admitted shall pay to the superintendent the sum of $50 monthly for the care and support of each such orphan.


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ê1973 Statutes of Nevada, Page 1631 (Chapter 765, AB 405)ê

 

      5.  The expenses of the proceedings provided for in this section and of the transportation of orphans to the [Nevada state] children’s home shall be a county charge.

      Sec. 69.  NRS 423.170 is hereby amended to read as follows:

      423.170  1.  It is hereby determined and declared that:

      (a) All whole orphans duly admitted to the [Nevada state children’s home] northern Nevada children’s home or the southern Nevada children’s home thereby become wards of the State of Nevada, and are entitled, under the provisions of this chapter, to the care, protection and guardianship of the State of Nevada.

      (b) The State of Nevada, for the care, protection and guardianship of all such wards, is entitled to their services as provided in this chapter, and has the right to train and educate them for useful places in society, and that such rights of the state are superior to the claims of any and all relations or persons, resident or nonresident.

      2.  For the purpose of this chapter, the age of majority for all orphans who are or may be wards of the state shall be 18 years.

      Sec. 70.  NRS 423.180 is hereby amended to read as follows:

      423.180  1.  If, during the wardship of any orphan in the [Nevada state children’s home, he shall escape or remain] northern Nevada children’s home or the southern Nevada children’s home, he escapes or remains absent from the home without consent of due authority, the superintendent shall pursue and capture such ward and return him to the home.

      2.  With the consent of the attorney general, the superintendent is empowered, in the name of the State of Nevada, to bring and maintain a summary action at law or to sue out a writ of habeas corpus to recover and detain any escaping orphan from the [Nevada state] children’s home.

      Sec. 71.  NRS 423.190 is hereby amended to read as follows:

      423.190  If any orphan in the [Nevada state children’s home shall be or become] northern Nevada children’s home or the southern Nevada children’s home is or becomes possessed of property, the superintendent shall appear in any court or proceeding for the purpose of having appointed a proper guardian of the estate of such orphan, and at all times shall appear, answer for and represent the orphan for the protection and care of such property.

      Sec. 72.  NRS 423.200 is hereby amended to read as follows:

      423.200  [In addition to the other purposes for which the Nevada state children’s home is established, the Nevada state children’s home shall receive dependent children as defined by NRS 201.090, other than orphans, when such children are committed to the care of the Nevada state children’s home by a district court in this state.] In addition to the other purposes for which the northern Nevada children’s home and the southern Nevada children’s home are established, such children’s homes shall receive dependent children as defined by NRS 201.090, other than orphans, when such children are committed to the care of the children’s home by a district court in this state.

      Sec. 72.5.  NRS 423.200 is hereby amended to read as follows:

      423.200  [In addition to the other purposes for which the Nevada state children’s home is established, the Nevada state children’s home shall receive neglected children as defined by NRS 201.090, other than orphans, when such children are committed to the care of the Nevada state children’s home by a district court in this state.]


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ê1973 Statutes of Nevada, Page 1632 (Chapter 765, AB 405)ê

 

shall receive neglected children as defined by NRS 201.090, other than orphans, when such children are committed to the care of the Nevada state children’s home by a district court in this state.] In addition to the other purposes for which the northern Nevada children’s home and the southern Nevada children’s home are established, such children’s homes shall receive neglected children as defined by NRS 201.090, other than orphans, when such children are committed to the care of the children’s home by a district court in this state.

      Sec. 73.  NRS 423.210 is hereby amended to read as follows:

      423.210  1.  A child other than an orphan shall be admitted to the [Nevada state children’s home] northern Nevada children’s home or the southern Nevada children’s home when committed by the district court of the county in which such child resides as a dependent child.

      2.  The county from which the child was committed shall pay to the superintendent the sum of $50 monthly for the care and support of each child committed and the order of commitment shall require the parent or parents of the child to reimburse such county the sum of $50 per month; but when it appears to the district court that the parent or parents are unable to pay $50 per month, the order shall require the payment of such lesser amount as may be found to be reasonable, or, if the parents be found unable to pay anything no reimbursement shall be ordered.

      3.  If the parent or parents shall fail or refuse to comply with the order of the court, the county where the child was committed shall thereupon be entitled to recover from the parent or parents, by appropriate legal action, all sums due together with interest thereon at the rate of 7 percent per annum.

      4.  The board of county commissioners of the county from which the child was committed shall advise the district attorney of such county of the failure of a parent or parents to make the support payments required by the court order and the district attorney shall cause appropriate legal action to be taken to collect such payments, together with interest thereon at the rate of 7 percent per annum.

      5.  When any parent of a child committed under this section shall fail to pay the amount ordered for support or, if no support be ordered, shall fail to make any contribution for support, for a period of 1 year, that failure shall be prima facie proof of abandonment of the child by the parents.

      Sec. 74.  NRS 423.220 is hereby amended to read as follows:

      423.220  1.  Except as provided in subsection 2, children residing at the [Nevada state] northern Nevada children’s home shall attend the public schools of the Carson City school district, and shall be entitled to receive therein the full attention, protection and instruction accorded to any other children.

      2.  The superintendent may, at the request of the parent or parents, allow any child residing at the [Nevada state] northern Nevada children’s home to attend parochial or private schools in Carson City and counties adjoining thereto, at no expense to the State of Nevada.

      3.  Except as provided in suubsection 4, children residing at the [Southern] southern Nevada children’s home shall attend public schools of the Clark County school district, and shall be entitled to receive therein the full attention, protection and instruction accorded to any other children.


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

ê1973 Statutes of Nevada, Page 1633 (Chapter 765, AB 405)ê

 

of the Clark County school district, and shall be entitled to receive therein the full attention, protection and instruction accorded to any other children.

      4.  The superintendent may, at the request of the parent or parents, allow any child residing at the [Southern] southern Nevada children’s home to attend parochial or private schools in Clark County, at no expense to the State of Nevada.

      Sec. 75.  NRS 423.225 is hereby amended to read as follows:

      423.225  The superintendent, or any person authorized by him, may consent to the medical or surgical treatment of any child admitted to the [Nevada state] northern Nevada children’s home or the [Southern] southern Nevada children’s home.

      Sec. 76.  NRS 423.235 is hereby amended to read as follows:

      423.235  1.  Except as provided in NRS 423.230, all moneys received by a child in the [Nevada state] northern Nevada children’s home or the southern Nevada children’s home, including but not limited to Social Security benefits, benefits paid to heirs of United States employees and payments payable by the United States through the Veterans’ Administration, shall be held by the superintendent in trust for such child, to be paid over to such child or his parent or legal guardian upon release from the school. No such moneys shall be paid over to a foster parent.

      2.  The superintendent as trustee shall accumulate such moneys during the period the child is a ward of the state under the provisions of chapter 423 of NRS, and shall invest such moneys subject to the provisions of NRS 164.050 to 164.065, inclusive.

      3.  The superintendent may be removed as trustee of such moneys only upon application to the [First Judicial District Court of the State of Nevada, in and for Carson City.] district court for the county in which the children’s home is located. Such district court may, for good cause shown and upon notice to the beneficiary, relieve the superintendent from his duties as trustee.

      4.  The superintendent shall execute a surety bond pursuant to the provisions of NRS 282.230 to 282.350, inclusive, in the sum of $25,000, conditioned on the faithful performance of his duties as trustee.

      Sec. 77.  NRS 423.250 is hereby amended to read as follows:

      423.250  1.  Whenever the superintendent of the northern Nevada children’s home or the southern Nevada children’s home shall deem it for the best interests of any child in the [Nevada state] children’s home or of the state, he may discharge any child therein.

      2.  Upon receipt of a certificate of the district judge of the county from which any orphan or any child admitted under the provisions of NRS 423.200 was sent that any parent or guardian is competent to resume the guardianship of such child, the superintendent shall release the child and return him to the guardian. The guardian shall be required to pay all expenses incident to the removal and return of the child to his guardian.

      Sec. 78.  NRS 432.020 is hereby amended to read as follows:

      432.020  The welfare division is hereby authorized and empowered:

      1.  To provide maintenance and special services to:


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

ê1973 Statutes of Nevada, Page 1634 (Chapter 765, AB 405)ê

 

      (a) Unmarried mothers and children awaiting adoptive placement.

      (b) Handicapped children who are receiving specialized care, training or education.

      (c) Children who are placed in the custody of the welfare division, and who are placed in foster homes, group care facilities or other care centers or institutions, but payment for children who are placed in the [Nevada state children’s home] northern Nevada children’s home or the southern Nevada children’s home shall be made in accordance with the provisions of NRS 423.210.

      (d) Children under the jurisdiction and in the custody of the Nevada youth training center or the Nevada girls training center who are referred to the welfare division as requiring foster home care upon being paroled from such school.

      2.  If any child is placed in the custody of the welfare division, pursuant to any court order or request, such order or request shall be issued or made after an opportunity for a hearing has been given to the welfare division pursuant to summons or other notice, or upon request of the welfare division.

      3.  To return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days from the placement of the child in the custody of the welfare division, with notification to but without formal application to a court, but the welfare division shall retain the right to custody of the child during such period, until a court of competent jurisdiction determines proper custody of the child.

      4.  To accept moneys from and cooperate with the United States or any of its agencies in carrying out the provisions of this chapter and of any federal acts pertaining to public child welfare and youth services, including those related to the prevention and treatment of juvenile delinquency and other matters of mutual concern, insofar as such acceptance may be legally delegated by the legislature to the welfare division.

      Sec. 79.  NRS 433.120 is hereby amended to read as follows:

      433.120  The superintendent shall be the executive and administrative head of the institute, and as such shall have the following powers and duties:

      1.  To exercise general supervision of, and make and revise rules and regulations for, the government of the institute.

      2.  To be responsible for and to supervise the fiscal affairs and responsibilities of the institute.

      3.  To make reports to the administrator of the division, and to supply the administrator with material on which to base proposed legislation.

      4.  To keep the complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

      5.  To inform the public in regard to the activities and operation of the institute.

      6.  To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 433.005 to 433.640, inclusive.

      7.  To cause to be kept a fair and full account of all medical affairs.


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

ê1973 Statutes of Nevada, Page 1635 (Chapter 765, AB 405)ê

 

      8.  To perform neurological and psychiatric examinations of persons committed to the Nevada state prison, the [Nevada state children’s home,] northern Nevada children’s home, the southern Nevada children’s home, the Nevada girls training center and the Nevada youth training center when requested by the superintendents or wardens of those institutions.

      9.  To have standard medical histories currently maintained on all patients, and to administer the accepted and appropriate treatments to all patients under his care.

      10.  To undertake any diagnostic, medical or surgical procedure in the interest of the patient, and to 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 other physicians and surgeons licensed to practice in this state.

      11.  To submit a biennial report to the administrator of the division on the condition, operation and functioning of the institute, and anticipated needs of the institute.

      12.  To cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the institute, and to take all steps necessary to establish clear title thereto on behalf of the state.

      13.  To lease, with the consent of the administrator of the division, all or any part of any land known or presumed to belong to the State of Nevada for the use of the institute for such consideration and upon such terms as the superintendent and the administrator may deem to be in the best interests of the institute and the State of Nevada. Any moneys received from any such lease shall be remitted by the superintendent to the state treasurer who shall deposit the same in the state treasury to the credit of the general fund.

      Sec. 80.  NRS 435.020 is hereby amended to read as follows:

      435.020  1.  All children:

      (a) Who are entitled to relief;

      (b) Who are free from offensive or contagious diseases;

      (c) Who are unable to pay for their support, education and instruction in any institution; and

      (d) Whose parents, relatives, guardians or nearest friends are unable to pay for their support, education and instruction,

shall be entitled to the benefits of NRS 435.010 to 435.040, inclusive.

      2.  All children in the [Nevada state children’s home] northern Nevada children’s home and the southern Nevada children’s home shall be entitled to the benefits of NRS 435.010 to 435.040, inclusive.

      Sec. 81.  NRS 435.040 is hereby amended to read as follows:

      435.040  1.  In case an inmate of the [Nevada state children’s home] northern Nevada children’s home or the southern Nevada children’s home is adjudged to be mentally retarded, a responsible person or institution as designated in NRS 435.010 is authorized to receive the inmate from the superintendent of [the Nevada state] such children’s home and shall make provision for such child in the same manner as if received from a board of county commissioners.


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

ê1973 Statutes of Nevada, Page 1636 (Chapter 765, AB 405)ê

 

      2.  The county of the child’s residence immediately preceding admission to the [Nevada state] children’s home shall bear the expense of transportation to the responsible person or institution and of the subsequent care.

      3.  If the child is a dependent child committed to the [Nevada state children’s home] northern Nevada children’s home or the southern Nevada children’s home under the provisions of NRS 423.210, the county shall be entitled to receive from the parent or parents, and to recover by appropriate legal action if necessary, all sums expended by the county under subsection 2; but the sum which the county may receive or recover shall not exceed the amount which the district court has ordered such parent or parents to pay under NRS 423.210.

      Sec. 82.  NRS 444.330 is hereby amended to read as follows:

      444.330  1.  The health division shall have supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following state institutions:

      (a) Nevada state prison.

      (b) Nevada mental health institute.

      (c) Nevada youth training center.

      (d) [Nevada state children’s home.

      (e)] Nevada girls training center.

      (e) Northern Nevada children’s home.

      (f) Southern Nevada children’s home.

      [(f)](g) University of Nevada System.

      2.  The state board of health may adopt, promulgate and enforce rules and regulations pertaining thereto as are necessary to promote properly the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of such institutions.

      3.  The state health officer or his duly authorized agent shall inspect such institutions at least once each calendar year and whenever in his discretion he deems an inspection necessary to carry out the provisions of this section.

      4.  The state health officer may publish reports of such inspections.

      5.  All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate such institutions in conformity with the rules and regulations relating to sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, adopted and promulgated by the state board of health.

      6.  The state health officer or his duly authorized agent may, in implementing the provisions of this section, enter upon any and all parts of the premises of any of the institutions named in this section over which he has jurisdiction, to determine the sanitary conditions of such places and to determine whether the provisions of this section and the rules and regulations of the state board of health pertaining thereto are being violated.

      Sec. 83.  1.  Sections 43, 44 and 46 of this act shall not become effective if Senate Bill 590 of the 57th session of the Nevada legislature becomes law.

      2.  Sections 43.5, 44.5 and 46.5 of this act shall not become effective if Senate Bill 590 of the 57th session of the Nevada legislature does not become law.


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

ê1973 Statutes of Nevada, Page 1637 (Chapter 765, AB 405)ê

 

if Senate Bill 590 of the 57th session of the Nevada legislature does not become law.

      3.  Section 49 of this act shall not become effective if Senate Bill 435 of the 57th session of the Nevada legislature becomes law.

      4.  Section 72 of this act shall not become effective if Senate Bill 253 of the 57th session of the Nevada legislature becomes law.

      5.  Section 72.5 of this act shall not become effective if Senate Bill 253 of the 57th session of the Nevada legislature does not become law.

      6.  Section 79 of this act shall not become effective if Senate Bill 511 of the 57th session of the Nevada legislature becomes law.

      Sec. 84.  This act shall become effective at 12:03 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 766, AB 319

Assembly Bill No. 319–Messrs. Barengo and Broadbent

CHAPTER 766

AN ACT relating to abortions; limiting abortions in certain situations and proscribing them in others; bringing Nevada law into conformity with United States constitutional requirements; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

      In view of the decisions of the Supreme Court of the United States in Roe v. Wade 93 S.Ct. 705 and Doe v. Bolton 93 S.Ct. 739, both decided on January 22, 1973, it is the intent of the legislature of Nevada to enact a statute that recognizes the deep concern the people of Nevada have to protect the health, well-being and welfare of each pregnant female and of the child whereof she is pregnant, without interfering with the constitutional rights of any pregnant woman or any person licensed to practice medicine, surgery or obstetrics under chapter 630 of NRS. Therefore, the abortion procedures described in this act, and no others, are deemed not to violate NRS 201.120.

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  As used in section 3 of this act, unless the context requires otherwise, “abortion” means the termination of a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.

      Sec. 3.  1.  No abortion shall be performed in this state unless such abortion is performed:

      (a) By a physician licensed to practice medicine in this state or by a physician in the employ of the government of the United States who:

             (1) Exercises his best clinical judgment in the light of all attendant circumstances including the accepted professional standards of medical practice in determining whether to perform an abortion; and


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

ê1973 Statutes of Nevada, Page 1638 (Chapter 766, AB 319)ê

 

             (2) Performs such abortion in a manner consistent with accepted medical practices and procedures in the community.

      (b) Within 24 weeks after the commencement of the pregnancy.

      (c) After the 24th week of pregnancy only if the physician has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman.

      2.  All abortions shall be performed in a hospital or other health care facility licensed under chapter 449 of NRS.

      3.  Abortions performed within 24 weeks after the commencement of the pregnancy shall be pursuant to the prior written consent of the pregnant woman if she is 18 years of age or older. If she is under 18 years of age such abortions shall be pursuant to the prior written consent of a parent or person in loco parentis, unless she is married or otherwise emancipated. If she is married, the prior written consent of her husband shall also be given, unless she is living separate and apart from her husband.

      4.  Before performing an abortion, the physician shall enter in the permanent records of the patient the facts on which he based his best clinical judgment that there is a substantial risk that continuance of the pregnancy would endanger the life of the mother or would gravely impair the physical or mental health of the mother.

      Sec. 4.  1.  The health division of the state department of health, welfare and rehabilitation shall adopt and enforce rules and regulations governing the conditions under and the methods by which abortions may be performed, as well as all other aspects pertaining to the performance of abortions pursuant to section 3 of this act.

      2.  The health division shall adopt and enforce rules and regulations for an abortion reporting system. Such system shall be designed to preserve confidentiality of information on the identify of individual women upon whom abortions are performed. The abortion reporting system may require that the following items be reported for each abortion:

      (a) Date of abortion;

      (b) Place of abortion (city, county, and state);

      (c) Type of facility;

      (d) Place of usual residence of woman (city, county, and state);

      (e) Age of woman;

      (f) Ethic group or race;

      (g) Marital status;

      (h) Number of previous live births;

      (i) Number of previous induced abortions;

      (j) Duration of pregnancy (as measured from first day of last normal menses to date of abortion, and as estimated by uterine size prior to performance of the abortion);

      (k) Type of abortion procedure; and

      (l) In the event a woman has had a previously induced abortion or abortions, the information in paragraphs (a) to (k), inclusive, or as much thereof as can be reasonably obtained, for each such previous abortion.

      3.  The health division may provide rules and regulations to permit studies of individual abortion cases, but such studies shall not be permitted unless:


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

ê1973 Statutes of Nevada, Page 1639 (Chapter 766, AB 319)ê

 

      (a) Absolute assurance is provided that confidentiality of information on individuals will be preserved;

      (b) Informed consent of each individual involved in the study is obtained in writing;

      (c) The study is conducted according to established standards and ethics; and

      (d) The study is related to health problems and has scientific merit with regard to both design and the importance of the problems to be solved.

      Sec. 5.  1.  It is unlawful for any person, firm, partnership, association or corporation, including a hospital or other health care facility, to advertise in any manner, directly or indirectly, the availability of abortions or the cost thereof or the conditions under which abortions will be performed.

      2.  Whenever an abortion procedure results in a live birth, failure to take all reasonable steps, in keeping with good medical practice, to preserve the life and health of the live born person shall subject the person performing the abortion to Nevada laws governing criminal liability and civil liability for wrongful death and medical malpractice.

      Sec. 6.  Chapter 632 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  An employer shall not require a registered nurse, a licensed vocational nurse or any other person employed to furnish direct personal health service to a patient to participate directly in the induction or performance of an abortion if such employee has filed a written statement with the employer indicating a moral, ethical or religious basis for refusal to participate in the abortion.

      2.  If the statement provided for in subsection 1 of this section is filed with the employer, the employer shall not penalize or discipline such employee for declining to participate directly in the induction or performance of an abortion.

      3.  The provisions of subsections 1 and 2 of this section do not apply to medical emergency situations.

      4.  Any person violating the provisions of this section is guilty of a misdemeanor.

      Sec. 7.  NRS 200.220 is hereby amended to read as follows:

      200.220  Every woman [quick with child] who shall take or use, or submit to the use of, any drug, medicine or substance, or any instrument or other means, with intent to [procure her own miscarriage,] terminate her pregnancy after the 24th week of pregnancy, unless the same is [necessary to preserve her own life or that of the child whereof she is pregnant,] performed upon herself upon the advice of a physician acting pursuant to the provisions of section 3 of this act, and thereby causes the death of [such child,] the child of such pregnancy, commits manslaughter and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.

      Sec. 8.  NRS 201.120 is hereby amended to read as follows:

      201.120  Every person who [, with intent thereby to produce the miscarriage of a woman, unless the same is necessary to preserve her life or that of the child whereof she is pregnant,] shall:


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

ê1973 Statutes of Nevada, Page 1640 (Chapter 766, AB 319)ê

 

      1.  Prescribe, supply or administer to a woman, whether pregnant or not, or advise or cause her to take any medicine, drug or substance; or

      2.  Use, or cause to be used, any instrument or other means [;] to terminate a pregnancy, unless done pursuant to the provisions of section 3 of this act, or by a woman upon herself upon the advice of a physician acting pursuant to the provisions of section 3 of this act,

shall be guilty of abortion, and punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.

      Sec. 9.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 10.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 767, AB 967

Assembly Bill No. 967–Committee on Legislative Functions

CHAPTER 767

AN ACT to amend NRS 218.230, relating to compensation of officers and employees of the legislature, by raising the permissible amounts payable to such persons.

 

[Approved May 3, 1973]

 

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.............................................................................     [$32]       $34

Assistant sergeant-at-arms...............................................................        [20]         24

Clerks...................................................................................................        [15]         18

Committee stenographer..................................................................        [30]         32

History clerk.......................................................................................        [30]         32

Journal clerk.......................................................................................        [30]         32

Minute clerk........................................................................................        [30]         32

Page......................................................................................................        [15]         16

Secretary.............................................................................................        [40]         50

Sergeant-at-arms...............................................................................        [30]         32

Stenographers.....................................................................................        [22]         25

Supervisor of clerks...........................................................................        [22]         25 Assembly

 


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

ê1973 Statutes of Nevada, Page 1641 (Chapter 767, AB 967)ê

 

Assembly

Assistant chief clerk..........................................................................     [$32]       $34

Assistant sergeant-at-arms...............................................................        [22]         24

Chief clerk...........................................................................................        [40]         50

Clerks...................................................................................................        [15]         18

Committee stenographer..................................................................        [30]         32

History clerk.......................................................................................        [30]         32

Journal clerk.......................................................................................        [30]         32

Minute clerk........................................................................................        [30]         32

Pages....................................................................................................        [15]         16

Sergeant-at-arms...............................................................................        [30]         32

Stenographers.....................................................................................        [22]         25

Supervisor...........................................................................................        [28]         30

Supervisor of clerks...........................................................................        [22]         25

Supply clerk........................................................................................        [20]         22

Typists.................................................................................................        [17]         20

 

________

 

 

CHAPTER 768, AB 960

Assembly Bill No. 960–Committee on Government Affairs

CHAPTER 768

AN ACT relating to constables; increasing travel allowances and certain mileage for constables; establishing a uniform schedule of constables’ fees with certain increases; providing mileage for unsuccessful efforts to serve process; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 258.050 is hereby amended to read as follows:

      258.050  1.  When any constable shall be entitled to receive his necessary traveling expenses for the transaction of public business, such expenses shall include his actual living expenses, not to exceed [$10] $25 per day, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance.

      2.  Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedule or for other reasons, travel by public conveyance is impractical, or in case a part of the route is not covered by public conveyance, the board of county commissioners is authorized to allow for traveling by private conveyance an amount not to exceed [10] 12 cents per mile so traveled.

      3.  Any constable presenting a claim to the county for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his claim, and the boards of county commissioners of the several counties are hereby prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.


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

ê1973 Statutes of Nevada, Page 1642 (Chapter 768, AB 960)ê

 

are hereby prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.

      Sec. 2.  NRS 258.125 is hereby amended to read as follows:

      258.125  1.  Constables [of Clark County] shall be allowed the following fees for their services:

 

For serving summons or other process by which suit is commenced in civil cases....................................................................................................... [$1.00]      $1.50

For summoning a jury before a justice of the peace.................... [2.00]        3.00

For taking a bond or undertaking.................................................... [1.00]        1.50

For serving an attachment against the property of a defendant [2.00]        3.00

For serving subpenas, for each witness........................................... [1.00]        1.50

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio.............................................................................. [.20]          .30

For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof..................... [5.00]        7.50

For each certificate of sale of real property under execution..... [1.00]        1.50

For levying any execution, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons     [2.00]............................................................................................................ 3.00

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper.................. [2.00]        3.00

For mileage in serving summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only.................................................................................................       $0.50

But when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction.

For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only....           .50

But mileage shall not exceed $10 for any unsuccessful effort to serve such process.

 

      2.  A constable shall also be allowed:

      (a) For receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the writ or order, upon the affidavit of the constable that such charges are correct and the expenses necessarily incurred.

      (b) For collecting all sums on execution or writ, to be charged against the defendant, 2 percent thereof.

      (c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.


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

ê1973 Statutes of Nevada, Page 1643 (Chapter 768, AB 960)ê

 

      3.  Deputy sheriffs acting as contables shall not be entitled to retain for their own use any fees collected by them, but the same shall be paid into the county treasury on or before the 5th day of the month next succeeding the month in which the fees were collected.

      4.  Constables shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 3.  NRS 258.100, 258.130, 258.140, 258.150 and 258.160 are hereby repealed.

      Sec. 4.  Section 1 of this act shall not become effective if section 2 of Assembly Bill No. 835 of the 57th session of the Nevada legislature becomes law.

      Sec. 5.  This act shall become effective at 12:02 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 769, AB 964

Assembly Bill No. 964–Committee on Ways and Means

CHAPTER 769

AN ACT making appropriations from the general fund, the state highway fund, the state insurance fund and the fish and game fund in the state treasury for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1973, and ending June 30, 1974, and beginning July 1, 1974, and ending June 30, 1975; making supplemental appropriations for the support of certain state officers and agencies for the fiscal year ending June 30, 1973, and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  The following sums are hereby appropriated from the general fund in the state treasury for the purpose hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1973, and ending June 30, 1974, and beginning July 1, 1974, and ending June 30, 1975.

                                                                                                               1973-74             1974-75

      Sec. 2.  The Office and Mansion of the Governor.

For the support of the office of the governor.........        $300,057................................................................................ $310,254

For the support of the governor’s mansion.............            49,713................................................................................ 50,044

For the support of the office of the extradition clerk                     ................................................................................ 75,050 89,116

For the support of the office of the governor’s advisory council on children and youth.........................................               1,500................................................................................ 1,500

For the support of urban planning............................            26,604................................................................................ 27,274

For the support of comprehensive statewide planning                  ................................................................................ 31,363 29,319

 


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ê1973 Statutes of Nevada, Page 1644 (Chapter 769, AB 964)ê

 

                                                                                                               1973-74             1974-75

      Sec. 3.  The Office of Lieutenant Governor.

For the support of the office of lieutenant governor                      ................................................................................ $22,054................................................................................ $31,546

      Sec. 4.  The Office of Secretary of State.

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

For the support of the office of secretary of state.          293,181................................................................................ 299,782

For the support of the archives division..................            50,055................................................................................ 49,364

      Sec. 5.  The Office of State Treasurer.

For the support of the office of state treasurer......            92,641................................................................................ 95,130

      Sec. 6.  The Office of State Controller.

For the support of the office of state controller.....          530,311................................................................................ 539,805

      Sec. 7.  The Office of Attorney General.

For the support of the office of attorney general..          394,092................................................................................ 404,350

For the special fund of the attorney general...........            30,000................................................................................ 30,000

      Sec. 8.  Supreme Court of Nevada.

For the support of the supreme court of Nevada..          547,312................................................................................ 561,396

For the support of the law library.............................            88,571................................................................................ 88,967

For the support of the state board of pardons commissioners     ................................................................................ 13,847 18,748

      Sec. 9.  District Judges’ Travel.

For the support of district judges’ travel..................            30,100................................................................................ 31,600

      Sec. 10.  District Judges’ Salaries and Judicial Pensions.

For the support of district judges’ salaries and pensions of justices, judges and widows...............................          680,365................................................................................ 773,023


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

ê1973 Statutes of Nevada, Page 1645 (Chapter 769, AB 964)ê

 

                                                                                                               1973-74             1974-75

      Sec. 11.  Department of Administration.

      The following sums are hereby appropriated for the support of:

Budget division............................................................        $284,981................................................................................ $303,883

Insurance premium revolving fund..........................               5,500................................................................................ 5,500

Merit award board.......................................................               2,250................................................................................ 2,250

      Sec. 12.  Department of General Services.

      The following sums are hereby appropriated for the support of:

Records management services section of the state printing and records division....................................................            30,000................................................................................ 35,000

Buildings and grounds division.................................            31,986................................................................................ 34,538

Lost City museum.......................................................            42,552................................................................................ 43,393

Commodity food program........................................            18,900................................................................................ 18,900

Central data processing division...............................            37,500................................................................................ 37,500

      Sec. 13.  State Public Works Board.

For the support of the state public works board....          297,274................................................................................ 302,137

      Sec. 14.  State board of Finance.

For the support of the state board of finance........            21,057................................................................................ 21,286

      Sec. 15.  Nevada Tax Commission.

For the support of the Nevada tax commission....       1,958,495................................................................................ 2,027,008

      Sec. 16.  Department of Economic Development.

For the support of the department of economic development    ................................................................................ 371,871................................................................................ 371,657

      Sec. 17.  Local Government Employee-Management Relations Commissioner.

For the support of the local government employee-management relations commissioner.......................................            50,413................................................................................ 50,034

      Sec. 18.  Nevada Commissioner for Veteran Affairs.

For the support of the Nevada commissioner for veteran affairs   ................................................................................ 107,407................................................................................ 109,749


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

ê1973 Statutes of Nevada, Page 1646 (Chapter 769, AB 964)ê

 

                                                                                                               1973-74             1974-75

      Sec. 19.  Nevada Commission on Equal Rights of Citizens.

For the support of the Nevada commission on equal rights of citizens...................................................................        $154,075................................................................................ $159,902

      Sec. 20.  Indian Affairs Commission.

For the support of the Indian affairs commission.            54,186................................................................................ 55,122

      Sec. 21.  Public Defender.

For the support of the public defender....................            48,000................................................................................ 48,000

      Sec. 22.  Legislative fund.

For the support of the legislative commission........            83,040................................................................................ 90,540

For the support of the legal division of the legislative counsel bureau....................................................................          452,487................................................................................ 466,996

For the support of the legislative auditing division of the legislative counsel bureau..................................          296,329................................................................................ 282,470

For the support of the research and fiscal analysis division of the legislative counsel bureau..................................          202,688................................................................................ 198,096

For the support of statute revision operation.........            52,200 ----------

For the support of the legislative counsel bureau consumer price index adjustment.................................................            14,500................................................................................ 30,100

      Sec. 23.  State Department of Education.

      The following sums are hereby appropriated for the support of:

Administration.............................................................          671,314................................................................................ 682,244

Automobile driver education fund...........................          161,000................................................................................ 166,250

Vocational education.................................................          488,511................................................................................ 490,219

Manpower development and training.....................            34,902................................................................................ 34,908

Adult basic education.................................................            13,929................................................................................ 14,373

School lunch program.................................................            70,200................................................................................ 75,600

Care of visually and aurally handicapped.............          189,000................................................................................ 211,500

Higher education student loan..................................            20,000................................................................................ 20,000

Advisory committee for environmental education                        ................................................................................ 1,760   1,760

 


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

ê1973 Statutes of Nevada, Page 1647 (Chapter 769, AB 964)ê

 

                                                                                                               1973-74             1974-75

      Sec. 24.  Western Interstate Commission for Higher Education.

For the support of western interstate commission for higher education..............................................................        $380,266................................................................................ $747,660

      Sec. 25.  Nevada Educational Communications Commission.

For the support of the Nevada educational communications commission...........................................................            50,730................................................................................ 49,287

      Sec. 26.  University of Nevada.

      The following sums are hereby appropriated for the support of:

System administration and press..............................          493,584................................................................................ 519,211

University of Nevada, Reno......................................    10,395,753................................................................................ 11,157,853

University of Nevada, Las Vegas.............................       7,961,419................................................................................ 8,792,029

Community college division administration...........          181,478................................................................................ 189,693

Northern Nevada community college......................          392,926................................................................................ 460,636

Clark County community college............................       1,668,066................................................................................ 2,315,060

Western Nevada community college.......................       1,134,826................................................................................ 1,570,320

Desert research institute..............................................          475,739................................................................................ 477,034

Statewide programs, University of Nevada, Reno          767,348................................................................................ 804,662

Statewide programs, University of Nevada, Las Vegas                ................................................................................ 54,329 65,456

Agricultural experiment station.................................       1,030,062................................................................................ 1,111,528

System computing center...........................................          687,199................................................................................ 727,708

National defense student loans.................................            75,000................................................................................ 75,000

Cooperative extension service..................................          856,948................................................................................ 926,875

Shift differential...........................................................            43,571................................................................................ 43,571

      Sec. 27.  Nevada State Museum.

For the support of the Nevada state museum........          215,264................................................................................ 218,097

      Sec. 28.  Nevada Historical Society.

For the support of the Nevada historical society...            91,170................................................................................ 91,469

      Sec. 29.  Virginia City Historic District Commission.

For the support of the Virginia City historic district commission ................................................................................ 6,000   6,000

 


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

ê1973 Statutes of Nevada, Page 1648 (Chapter 769, AB 964)ê

 

                                                                                                               1973-74             1974-75

      Sec. 30.  Nevada Council on the Arts.

For the support of the Nevada council on the arts          $15,000................................................................................ $15,000

      Sec. 31.  Nevada Bicentennial Commission.

For the support of the Nevada bicentennial commission             ................................................................................ 22,500 22,500

      Sec. 32.  Nevada State Library.

For the support of the Nevada state library............          439,271................................................................................ 453,536

For the support of library cooperation.....................            30,000................................................................................ 30,000

      Sec. 33.  Department of Health, Welfare and Rehabilitation.

      The following sums are hereby appropriated for the support of:

Office of the director of the department of health, welfare and rehabilitation........................................................          183,260................................................................................ 182,755

Office of the administrator of aging services.........            74,419................................................................................ 78,230

Health division.

Office of the state health officer......................          165,462........................................................................ 160,335

Dental health........................................................          181,534........................................................................ 200,591

NIC silicosis and disabled..................................          112,741........................................................................ 204,900

Silicosis program..................................................            32,494........................................................................ 32,494

Vital statistics.......................................................          122,912........................................................................ 126,923

Bureau of health facilities..................................          101,381........................................................................ 106,694

Bureau of laboratory and research..................          284,428........................................................................ 295,507

Maternal, child and school health and special children’s services..........................................................          670,688........................................................................ 774,036

Environmental health.........................................          393,638........................................................................ 442,763

Community health services...............................          341,901........................................................................ 358,689

Health aid to counties.........................................          120,000........................................................................ 120,000

Renal disease advisory committee...................               6,020........................................................................ 2,620

Division of mental hygiene.

Mental retardation..............................................          210,649........................................................................ 178,926

Nevada mental health institute.........................       4,154,498........................................................................ 4,259,751

Facility for the mental offender........................            ----------........................................................................ 149,375

Reno mental health center.................................          349,642........................................................................ 371,437

Las Vegas mental health center........................          913,755........................................................................ 954,694

 


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

ê1973 Statutes of Nevada, Page 1649 (Chapter 769, AB 964)ê

 

                                                                                                               1973-74             1974-75

Clark County emotionally disturbed children’s program  ..................................................................... $178,176..................................................................... $266,046

Henderson mental health center...................          129,408..................................................................... 128,422

Rural clinics.......................................................          215,986..................................................................... 237,556

Mental retardation centers.............................          621,793..................................................................... 679,951

Community training centers...........................          250,000..................................................................... 250,000

Welfare division.

Aid to dependent children..................................       4,716,240........................................................................ 4,952,140

Aid to the blind.....................................................          127,590........................................................................ 177,420

Old-age assistance...............................................          898,100........................................................................ 875,800

Child welfare services.........................................          709,744........................................................................ 741,480

Work incentive program.....................................            61,248........................................................................ 61,248

Medical care unit, Title XIX..............................       6,905,823........................................................................ 7,817,592

Homemaking services........................................            58,650........................................................................ 65,460

Welfare administration.......................................       2,122,784........................................................................ 2,286,794

Food stamp program..........................................          388,632........................................................................ 388,632

Rehabilitation division........................................          873,422........................................................................ 938,040

Developmental disabilities.................................            10,496........................................................................ 10,728

Services to the blind division.............................          268,310........................................................................ 287,953

Nevada youth training center division.............       1,111,311........................................................................ 1,122,760

Youth parole—Boys’ school.............................          160,792........................................................................ 164,796

Boys’ school—Girls’ school reserves...............          230,480........................................................................ 230,480

Nevada girls training center division................          843,091........................................................................ 850,435

Home of Good Shepherd, for inmate care.....          180,000........................................................................ 180,000

Youth parole — Girl’s school............................          127,797........................................................................ 130,442

Children’s home division

Carson City facility.............................................          350,001........................................................................ 353,812

Clark County facility..........................................          319,629........................................................................ 326,768

Clear Creek youth center...................................            62,709........................................................................ 65,934

Spring Mountain youth camp...........................          192,000........................................................................ 192,000

Probation subsidies..............................................          415,000........................................................................ 470,000

Committee to hire the handicapped................                  250........................................................................ 250

Alcoholism and drug rehabilitation..................          335,509........................................................................ 384,411

      Sec. 34.  Office of the Director of Economic Opportunity.

For the support of the director of economic opportunity              ................................................................................ 10,000 10,000


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

ê1973 Statutes of Nevada, Page 1650 (Chapter 769, AB 964)ê

 

                                                                                                               1973-74             1974-75

      Sec. 35.  Comprehensive Health Planning Agency.

For the support of the comprehensive health planning agency   ................................................................................ $16,909................................................................................ $19,872

      Sec. 36.  Nevada State Prison.

For the support of the Nevada state prison............       3,448,309................................................................................ 3,553,270

      Sec. 37.  Department of Parole and Probation.

For the support of the department of parole and probation        ................................................................................ 857,593................................................................................ 940,271

      Sec. 38.  Commission on Crimes, Delinquency and Corrections.

For the support of the commission on crimes, delinquency and corrections.............................................................            53,666................................................................................ 57,588

For the support of the investigation and narcotics division          ................................................................................ 355,104................................................................................ 357,467

For the support of the identification and communications division..................................................................          147,305................................................................................ 148,909

For the support of federal grant operations............            92,000................................................................................ 104,500

      Sec. 39.  Department of the Military.

For the support of the department of the military.          318,667................................................................................ 308,591

For the support of the civil defense and disaster agency              ................................................................................ 46,527 47,774

For the support of the National Guard tuition waiver                    ................................................................................ 72,000 75,000

      Sec. 40.  The Office of Inspector of Mines.

For the support of the office of inspector of mines                        ................................................................................ 101,087 50,105

      Sec. 41.  Department of Commerce.

      The following sums are hereby appropriated for the support of:

Office of the director...................................................          105,526................................................................................ 107,087

Insurance division.......................................................          492,362................................................................................ 455,025

Fire marshal division...................................................            89,838................................................................................ 67,865

Real estate division.....................................................          304,721................................................................................ 303,192

Real estate subdivision.......................................          289,274........................................................................ 305,510

Banking and savings and loan divisions.................          208,323................................................................................ 209,677

Consumer affairs division..........................................          143,632................................................................................ 139,653


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

ê1973 Statutes of Nevada, Page 1651 (Chapter 769, AB 964)ê

 

                                                                                                               1973-74             1974-75

      Sec. 42.  Labor Commissioner.

For the support of the labor commissioner.............        $166,093................................................................................ $167,958

      Sec. 43.  State Department of Conservation and Natural Resources.

      The following sums are hereby appropriated for the support of:

Office of the director...................................................          190,643................................................................................ 191,672

Committee on federal land laws...............................               5,000................................................................................ 5,000

State commission of environmental protection.....            30,000................................................................................ 30,000

Division of water resources........................................          605,811................................................................................ 619,270

California-Nevada compact commission...............               5,000................................................................................ 5,000

Division of forestry......................................................          358,610................................................................................ 347,930

Forest fire suppression........................................            50,000........................................................................ 50,000

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

Division of soil conservation districts.......................            28,506................................................................................ 27,374

Land use planning division........................................            57,838................................................................................ 56,768

Division of state parks................................................          940,652................................................................................ 874,702

Park historic preservation program..................            17,249........................................................................ 17,336

State park planning and development............          157,624........................................................................ 158,783

Land and water conservation program...........            39,308........................................................................ 40,644

Virginia and Truckee railroad park..................               2,466........................................................................ 2,661

      Sec. 44.  Tahoe Regional Planning Agency.

For the support of the Tahoe regional planning agency                ................................................................................ 50,000 50,000

      Sec. 45.  Department of Fish and Game.

For the support of the fish and game fund.............            17,958................................................................................ 13,793

      Sec. 46.  State Department of Agriculture.

For the support of the plant industry fund..............          537,331................................................................................ 532,799

For the support of veterinary medical services......          158,278................................................................................ 159,765


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

ê1973 Statutes of Nevada, Page 1652 (Chapter 769, AB 964)ê

 

                                                                                                               1973-74             1974-75

      Sec. 47.  State Predatory Animal and Rodent Control Committee.

For the support of the state predatory animal and rodent control committee.............................................................        $281,987................................................................................ $286,649

      Sec. 48.  State Board of Examiners.

For the support of the Carson River Basin administration           ................................................................................ 7,500   7,500

      Sec. 49.  Nevada Junior Livestock Show Board.

For the support of the Nevada junior livestock show board        ................................................................................ 2,500   2,500

      Sec. 50.  Department of Motor Vehicles.

For the support of the highway safety program....               5,765................................................................................ 5,789

      Sec. 51.  Nevada Highway Department.

For the support of the highway department county cooperative program.................................................................          150,000................................................................................ 150,000

      Sec. 52.  Western Interstate Nuclear Board.

For the support of the western interstate nuclear board                ................................................................................ 10,000 10,000

      Sec. 53.  High School Rodeo Association.

For the support of the high school rodeo association                    ................................................................................ 2,500   2,500

      Sec. 54.  Advisory Mining Board.

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

      Sec. 55.  Mining Cooperative Fund.

For the support of the mining cooperative fund....          135,000................................................................................ 145,000

      Sec. 56.  State Board of Examiners.

For the support of the longevity incentive plan.....          210,000................................................................................ 220,500

      Sec. 57.  Consolidated Bond Interest and Redemption Fund.


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

ê1973 Statutes of Nevada, Page 1653 (Chapter 769, AB 964)ê

 

                                                                                                               1973-74             1974-75

For the support of the consolidated bond interest and redemption fund........................................................................    $2,705,980................................................................................ $2,776,340

      Sec. 58.  State Board of Examiners.

For the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055......            78,534................................................................................ 91,050

      Sec. 59.  The following sums are hereby appropriated from the state highway fund in the state treasury for the purpose hereinafter expressed for the fiscal years beginning July 1, 1973, and ending June 30, 1974, and beginning July 1, 1974, and ending June 30, 1975.

Attorney general: Administrative fund....................          235,791................................................................................ 236,126

Budget division, department of administration.....            15,000................................................................................ 15,000

Nevada tax commission............................................            46,402................................................................................ 49,427

Public service commission.........................................          274,924................................................................................ 304,841

Department of motor vehicles

Highway safety program...................................               5,765........................................................................ 5,789

Office of the director...........................................          200,117........................................................................ 192,215

Administrative services division........................          595,895........................................................................ 616,293

Automation division...........................................       1,024,380........................................................................ 970,272

Drivers’ license division......................................          749,741........................................................................ 741,004

Law enforcement division.................................       2,345,585........................................................................ 2,385,367

Motor carrier division..........................................          809,051........................................................................ 796,463

Registration division............................................       1,103,441........................................................................ 1,091,908

State board of examiners for the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055................................................            22,879........................................................................ 26,524

State board of examiners for longevity incentive plan         ........................................................................ 30,000 31,500

      Sec. 60.  The following sums are hereby appropriated from the state insurance fund in the state treasury for the purpose hereinafter expressed for the fiscal years beginning July 1, 1973, and ending June 30, 1974, and beginning July 1, 1974, and ending June 30, 1975.


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

ê1973 Statutes of Nevada, Page 1654 (Chapter 769, AB 964)ê

 

                                                                                                               1973-74             1974-75

State Board of Examiners

For the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055......            $3,918................................................................................ $4,543

      Sec. 61.  The following sums are hereby appropriated from the fish and game fund in the state treasury for the purpose hereinafter expressed for the fiscal years beginning July 1, 1973, and ending June 30, 1974, and beginning July 1, 1974, and ending June 30, 1975.

For the support of the state predatory animal and rodent control committee.............................................................            20,000................................................................................ 20,000

      Sec. 62.  1.  Except as provided in subsection 3, the sums herein appropriated shall be:

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

      (b) Work programmed for the 2 separate fiscal years, 1973-1974 and 1974-1975, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

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

      3.  Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative fund shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.

      Sec. 63.  Notwithstanding any other provisions of this act, the sums appropriated to:

      1.  Higher education student loan (section 23);

      2.  NIC silicosis and disabled (section 33);

      3.  Maternal, child and school health and special children’s services (section 33);

      4.  Aid to dependent children (section 33);

      5.  Aid to the blind (section 33);

      6.  Old-age assistance (section 33);

      7.  Child welfare services (section 33);

      8.  Medical care unit (section 33);

      9.  Food stamp program (section 33);

      10.  Longevity incentive plan (sections 56 and 59);

      11.  Consolidated bond interest and redemption fund (section 57),

shall be available for both fiscal years, 1973-74 and 1974-75, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.


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

ê1973 Statutes of Nevada, Page 1655 (Chapter 769, AB 964)ê

 

be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      Sec. 64.  The sums appropriated to the state board of examiners for the support of the Carson River Basin administration by section 48 shall be released to the Carson River Basin administration on a matching basis equivalent to the increase in county funds for the support of the program in excess of $15,000 per fiscal year. The state general fund matching amounts shall be limited to a maximum amount of $7,500 per year.

      Sec. 65.  Notwithstanding any other provision of this act, the sums appropriated to the legislative fund by section 22 for the support of the legislative commission and the various divisions of the legislative counsel bureau shall be available for both fiscal years, 1973-74 and 1974-75, and may be transferred among the legislative commission and the various divisions of the legislative counsel bureau and from one fiscal year to another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.

      Sec. 66.  1.  Unencumbered balances of the appropriations herein made for the fiscal years 1973-74 and 1974-75 shall not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2 of this section, unencumbered balances of these appropriations shall revert to the fund from which appropriated.

      2.  Any unencumbered balance of the appropriations made to the legislative fund by section 22, the western interstate commission for higher education by section 24, and the higher education student loan budget account by section 23 shall not revert to the general fund but shall constitute a balance carried forward.

      Sec. 67.  The appropriation in section 38 to the commission on crimes, delinquency and corrections for the support of federal grant operations shall not be expended unless required by federal laws or regulations as state matching funds for federal grants to political subdivisions in Nevada.

      Sec. 68.  For the fiscal year ending June 30, 1973, there is hereby appropriated from the general fund in the state treasury:

      1.  The sum of $5,410 for the support of the supreme court of Nevada as an additional and supplemental appropriation to that allowed and made by section 9 of chapter 588, Statutes of Nevada 1971.

      2.  The sum of $21,300 for the support of the legislative counsel bureau as an additional and supplemental appropriation to that allowed and made by section 22 of chapter 588, Statutes of Nevada 1971.

      3.  The sum of $15,000 to the state board of examiners for technical and legal assistance in the sale of state bonds.

      4.  The sum of $89,898 to the parks division of the department of conservation and natural resources for the acquisition of real property and for legal fees, court costs, appraisals, publications and other costs attendant with the acquisition of real property.

      5.  The sum of $975,000 to the parks division of the department of conservation and natural resources for the purpose of making capital improvements to the Nevada state park system.

      6.  The sum of $25,000 to the state park division of the department of conservation and natural resources for the restoration of the Belmont Courthouse in Nye County provided that Nye County first transfers to the State of Nevada the courthouse and the real property upon which the courthouse is located.


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

ê1973 Statutes of Nevada, Page 1656 (Chapter 769, AB 964)ê

 

of conservation and natural resources for the restoration of the Belmont Courthouse in Nye County provided that Nye County first transfers to the State of Nevada the courthouse and the real property upon which the courthouse is located.

      7.  Unencumbered balances of the appropriations made in subsections 3, 4, 5 and 6 of this section shall not be committed for expenditure after June 30, 1975, and shall revert to the fund from which appropriated.

      8.  The sum of $1,500 for the support of the office of secretary of state as an additional and supplemental appropriation to that allowed and made by section 4 of chapter 588, Statutes of Nevada 1971.

      Sec. 69.  This section and section 68 of this act shall become effective upon passage and approval. The remaining sections shall become effective on July 1, 1973.

 

________

 

 

CHAPTER 770, AB 966

Assembly Bill No. 966–Committee on Commerce

CHAPTER 770

AN ACT to amend an act entitled “An Act providing a plan of insurance for losses arising out of the maintenance or use of motor vehicles; defining terms; providing for the payment of certain benefits as they accrue and without regard to fault; providing priorities for payment of claims; abolishing tort liability in certain cases; specifying minimum limits of required tort liability coverage; requiring maintenance of security for certain motor vehicles; providing for subrogation and reimbursement of insurers in certain cases; providing for discovery procedures; providing for an assigned claims plan; and providing other matters properly relating thereto,” being Senate Bill No. 611 of the 57th session of the Nevada legislature.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Section 12 of the above-entitled act is hereby amended to read as follows:

      Section 12.  “Net benefits payable” means benefits payable less all assistance or advantages a person receives or is entitled to receive from social security [, the railroad retirement act,] or workmen’s compensation [or under the federal employer liability act] as calculated in section 33 of this act.

      Sec. 2.  Section 28 of the above-entitled act is hereby amended to read as follows:

      Section 28.  1.  Tort liability with respect to accidents occurring in this state and arising from the ownership, maintenance or use of a motor vehicle is abolished except as to:

      (a) Liability of the owner of a motor vehicle involved in an accident if security covering the vehicle was not provided at the time of the accident;

      (b) Liability of a person in the business of selling, manufacturing, repairing, servicing or otherwise maintaining motor vehicles arising from a defect in a motor vehicle caused or not corrected by an act or omission in selling, manufacturing, repairing, servicing or other maintenance of a vehicle in the course of his business;


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

ê1973 Statutes of Nevada, Page 1657 (Chapter 770, AB 966)ê

 

      (c) Liability of a person for intentionally caused harm to person or property;

      (d) Liability of a person for harm to propertly [other than] including, but not limited to, a motor vehicle and its contents;

      (e) Liability of a person from harm to an operator of or passenger on a motorcycle as defined in NRS 482.070;

      (f) Liability of a person in the business of parking or storing motor vehicles arising in the course of that business for harm to a motor vehicle and its contents;

      (g) Damages for any loss not recoverable as basic reparation benefits by reason of the limitation on benefits for those losses, as provided in section 8 of this act; and

      (h) Damages for noneconomic detriment, but only if the medical benefits for the injured person exceed $750, or if the accident causes death, chronic or permanent injury, permanent partial or permanent total disability, disfigurement, more than 180 days of inability of the injured person to work in his occupation, fracture of a major bone, dismemberment or permanent loss of a body function.

      2.  Any person who receives medical and surgical benefits is considered in compliance with the requirements of paragraph (h) of subsection 1 upon a showing that the medical treatment received has a reasonable value of at least $750. Any person receiving ordinary and necessary services normally performed by a nurse from a relative or a member of his household may include the reasonable value of such services in meeting the requirements of that paragraph.

      Sec. 3.  Section 31 of the above-entitled act is hereby amended to read as follows:

      Section 31.  In any action in tort brought as a result of bodily injury, death, sickness or disease, caused by accident occurring on or after February 1, 1974, arising out of the ownership, maintenance or use of a motor vehicle within this state, contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or in injury to [person or property,] a person or persons if such negligence was not greater than the negligence of the person against whom recovery is sought; but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person recovering.

      Sec. 4.  Section 33 of the above-entitled act is hereby amended to read as follows:

      Section 33.  All assistance or advantages a person receives or is entitled to receive from social security [, the railroad retirement act,] or workmen’s compensation [or under the federal employer liability act] by reason of an injury arising out of the use or maintenance of a motor vehicle are subtracted from benefits payable in calculating net benefits payable. Basic reparation benefits are primary in relation to all other insurance.

      Sec. 5.  This act shall become effective at 12:01 a.m. on February 1, 1974, only if Senate Bill No. 611 of the 57th session of the legislature becomes effective prior thereto.

 

________


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

ê1973 Statutes of Nevada, Page 1658ê

 

CHAPTER 771, AB 954

Assembly Bill No. 954–Committee on Ways and Means

CHAPTER 771

AN ACT relating to the state legislature; transferring the function of fiscal analysis between divisions within the legislative counsel bureau; redesignating the titles of divisions; changing the fiscal analyst’s title to “legislative auditor”; authorizing the research director or his designee to participate in executive budget review; revising the powers and duties of the audit division; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

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:

      The research director of the legislative counsel bureau shall:

      1.  Provide the legislature and the members and committees thereof with comprehensive and accurate research reports and background papers on subjects of legislative interest.

      2.  Analyze and evaluate the long-range planning activities and programs of the State of Nevada and its political subdivisions when authorized by the legislature, the legislative commission or the director of the legislative counsel bureau.

      3.  Analyze and evaluate the public policies of the State of Nevada and its political subdivisions and make appropriate recommendations regarding such policies when authorized by the legislature, the legislative commission or the director of the legislative counsel bureau.

      4.  Serve as the Nevada legislative federal-state coordinator.

      5.  Thoroughly examine all departments of the state government with special regard to their activities and the duplication of efforts between departments.

      6.  Recommend to the legislature any suggested changes looking toward economy and the elimination of inefficiency in government.

      7.  Ascertain facts and make recommendations to the legislature concerning the state budget and the estimates of the expenditure requirements of the state departments.

      8.  Make projections of future public revenues for the use of the legislature.

      9.  Analyze the past history and probably future trend of the state’s financial position in order that a sound fiscal policy may be developed and maintained for the State of Nevada.

      10.  Analyze appropriation bills, revenue bills, and bills having a fiscal impact upon the operation of the government of the State of Nevada or its political subdivisions.

      11.  Advise the legislature and the members and committees thereof regarding matters of a fiscal or research nature.

      12.  Perform such other functions as may be assigned to the research division by the legislature, the legislative commission or the director of the legislative counsel bureau.

      Sec. 2.  Chapter 277 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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

ê1973 Statutes of Nevada, Page 1659 (Chapter 771, AB 954)ê

 

      The legislative auditor of the Nevada legislative counsel bureau is hereby designated the fiscal analyst of the State of Nevada for purposes of the Tahoe Regional Planning Compact.

      Sec. 3.  NRS 218.2378 is hereby amended to read as follows:

      218.2378  1.  [With the approval of the fiscal analyst, the] The board shall cause to be created such records and accounts as may be necessary to show:

      (a) The total accumulated contributions of each member;

      (b) The amount held in the legislators’ retirement fund;

      (c) Income to the fund from each source of income;

      (d) Interest earned by the fund;

      (e) Disbursements from the fund; and

      (f) Such other information as may be deemed necessary by the board [and the fiscal analyst] to the operation of the legislators’ retirement system.

      2.  Assignment of interest earnings shall be made in the manner agreed upon by the board. [and the fiscal analyst.]

      Sec. 4.  NRS 218.275 is hereby amended to read as follows:

      218.275  1.  The name of the agency preparing the fiscal note shall appear at the end thereof with the signature of the official of the agency who is primarily responsible for preparing the note.

      2.  The department of administration shall review the fiscal notes prepared by the agencies before such notes are returned to the legislature. If the department of administration disagrees with a fiscal note prepared by the agency, it may submit a supplementary fiscal note for such bill.

      Sec. 5.  NRS 218.620 is hereby amended to read as follows:

      218.620  1.  There is hereby created the Nevada legislative counsel bureau, which shall consist of a legislative commission, an interim finance committee, a director, [a fiscal and auditing] an audit division, a legal division and a research and fiscal analysis division.

      2.  The [fiscal analyst] legislative auditor shall be chief of the [fiscal and auditing] audit division. The legislative counsel shall be chief of the legal division. The research director shall be chief of the research and fiscal analysis division.

      3.  The legislative commission shall:

      (a) Appoint the division chiefs and fix their compensation.

      (b) Appoint one of the division chiefs director of the legislative counsel bureau, who shall serve as director without additional compensation.

      4.  The director of the legislative counsel bureau shall, with the consent of the legislative commission, designate one of the division chiefs or an employee of the legislative counsel bureau as deputy director, who shall serve as deputy director without additional compensation.

      5.  The director of the legislative counsel bureau, the chiefs of the divisions and legislative counsel bureau employees shall be entitled to receive, when engaged in official business for the legislative counsel bureau, travel expenses and subsistence allowances as provided by law.

      Sec. 5.5.  NRS 218.620 is hereby amended to read as follows:

      218.620  1.  There is hereby created the Nevada legislative counsel bureau, which shall consist of a legislative commission, an interim finance committee, a director, [a fiscal and auditing] an audit division, a legal division and a research and fiscal analysis division.


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

ê1973 Statutes of Nevada, Page 1660 (Chapter 771, AB 954)ê

 

      2.  The [fiscal analyst] legislative auditor shall be chief of the [fiscal and auditing] audit division. The legislative counsel shall be chief of the legal division. The research director shall be chief of the research and fiscal analysis division.

      3.  The legislative commission shall:

      (a) Appoint the director.

      (b) Fix the compensation of the director and each of the division chiefs.

      4.  The director shall appoint the division chiefs with the approval of the legislative commission and may also serve as a division chief in the discretion of the commission.

      5.  The director may, with the consent of the legislative commission, designate one of the division chiefs or an employee of the legislative counsel bureau as deputy director, who shall serve as deputy director without additional compensation.

      6.  The director of the legislative counsel bureau, the chiefs of the divisions and legislative counsel bureau employees are entitled to receive, when engaged in official business for the legislative counsel bureau, travel expenses and subsistence allowances as provided by law.

      Sec. 6.  NRS 218.635 is hereby amended to read as follows:

      218.635  1.  The legislative commission shall, between sessions of the legislature, fix the work priority of all studies and investigations assigned to it by concurrent resolutions of the legislature within the limits of available time, money and staff. The legislative commission shall not make studies or investigations so directed by resolutions of only one house of the legislature.

      2.  Between sessions of the legislature no study or investigation shall be initiated or continued by the [fiscal analyst,] legislative auditor, the legislative counsel or the research director and their staffs except such studies and investigations which have been specifically authorized by concurrent resolutions of the legislature or by an order of the legislative commission. No study or investigation shall be carried over from one session of the legislature to the next without additional authorization by a concurrent resolution of the legislature, except audits in progress, whose carryover has been approved by the legislative commission.

      Sec. 7.  NRS 218.681 is hereby amended to read as follows:

      218.681  1.  The general objections and functions of the legislative commission are to:

      (a) Assist the legislature in retaining status coordinate with the executive and judicial branches of state government.

      (b) Investigate and inquire only into subjects upon which the legislature may act by the enactment or amendment of statutes.

      (c) Assure that the most effective use is made of the audit, fiscal, legal and research services and facilities provided by the legislative counsel bureau to the legislature and its members.

      2.  In addition to the powers and duties elsewhere conferred and imposed upon the legislative commission in this chapter, in order to carry out its general objectives and functions the legislative commission:

      (a) Shall receive recommendations and suggestions for legislation or investigation from:


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

ê1973 Statutes of Nevada, Page 1661 (Chapter 771, AB 954)ê

 

             (1) Members of the legislative commission and other members of the legislature;

             (2) Any board, commission, department or officer of the state government or any local government;

             (3) Bar associations, chambers of commerce, labor unions and other organized groups; and

             (4) Individual citizens.

      (b) May hold hearings on any subject or matter which is a proper subject for legislative action whenever it considers such hearings necessary or desirable in the performance of its duties.

      Sec. 8.  NRS 218.740 is hereby amended to read as follows:

      218.740  The [fiscal analyst] legislative auditor shall:

      1.  Be a certified public accountant or public accountant qualified to practice public accounting under the provisions of chapter 628 of NRS.

      2.  Have 5 years of progressively responsible experience in general accounting.

      3.  Have a comprehensive knowledge of the principles and practices of public budgeting, governmental accounting, and the projection of future public revenues.

      4.  Have a working knowledge of statistical methods.

      Sec. 9.  NRS 218.767 is hereby amended to read as follows:

      218.767  1.  The intent of NRS 218.770 to 218.890, inclusive, is to provide for the impartial postauditing of each agency of the state government for the purpose of furnishing the legislature with factual information necessary to the discharge of its constitutional duties and by which it may exercise its valid powers.

      2.  The legislature finds that:

      (a) Adequate information is not readily available for each session through which the members of the legislature can determine the needs of the various agencies and departments of the state government, and the postauditing of each agency will furnish necessary information.

      (b) The legislative session is not adequate time in which to audit each agency and the size and scope of government activity has grown to such an extent in recent years that auditing is a continuing process.

      3.  It is not the intent of the postaudit functions and duties of the [fiscal analyst] legislative auditor authorized and imposed by law, nor shall it be so construed, to infringe upon nor deprive the executive or judicial branches of state government of any rights, powers or duties vested in or imposed upon them by the constitution of the State of Nevada.

      Sec. 10.  NRS 218.770 is hereby amended to read as follows:

      218.770  The powers and duties of the [fiscal analyst] legislative auditor shall be:

      1.  To perform a postaudit of all accounts, books and other financial records of all state departments that are charged with the collection, custody or expenditure of public funds, and to prepare a written report of each audit for the legislative commission and for such other person or persons as designated in this chapter.

      2.  To personally, or by his authorized assistants, examine and audit when ordered by the legislative commission all fiscal books, records and accounts of all officers, personnel, custodians of public funds, disbursing officers, property custodians and purchasing agents, and to make independent verifications of all assets, liabilities, revenues and expenditures of the state, and its officers and departments, now in existence or hereafter created.


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

ê1973 Statutes of Nevada, Page 1662 (Chapter 771, AB 954)ê

 

accounts of all officers, personnel, custodians of public funds, disbursing officers, property custodians and purchasing agents, and to make independent verifications of all assets, liabilities, revenues and expenditures of the state, and its officers and departments, now in existence or hereafter created.

      3.  To recommend such changes in the accounting system or systems and record or records of the state departments as in his opinion will augment or provide a uniform, adequate and efficient system of records, and accounting.

      4.  To determine whether the handling of the public money is protected by adequate accounting controls.

      5.  To determine whether all revenues or accounts due have been collected or properly accounted for and whether expenditures have been made in conformance with law and good business practice.

      6.  To determine whether the fiscal controls established by law and by administrative regulation are being properly applied.

      7.  To determine whether fraud or dishonestly has occurred in the handling of funds or property.

      8.  To determine whether property and equipment are properly accounted for and that none is improperly used or disposed of.

      9.  To determine whether the accounting reports and statements issued by the agency under examination are an accurate reflection of the operations and financial condition.

      10.  To cooperate with the executive officers of any and all state departments in outlining and installing a uniform, adequate and efficient system of records and accounting.

      11.  To require the aid and assistance of executives and officials, auditors, accountants, and other employees of all the state departments at all times in the inspection, examination and audit of any and all books, accounts and records in their possession.

      12.  To employ and authorize, at his discretion and subject to his direction and responsibility, an independent public accountant or firm of public accountants, doing business within the State of Nevada, to perform an audit, inspection and examination of all books, accounts, claims, reports, vouchers or other records of all state departments whose disbursements in whole or in part are paid out of the funds received from sources other than the general fund, or whose funds may be considered funds held in trust and not used for general governmental purposes, or whose funds are invested. The expenses and costs for such independent audit shall be paid by the state department audited. The provisions of this subsection shall not be applicable to the employment security department.

      13.  [To ascertain facts and make recommendations to the legislature concerning the state budget and the estimates of the expenditure requirements of the departments, institutions and agencies of the state government.

      14.  To make projections of future public revenues for the use of the legislature.

      15.]  To make recommendations to the legislative commission for the enactment or amendment of statutes based upon the results of the performance of his postaudit duties.


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

ê1973 Statutes of Nevada, Page 1663 (Chapter 771, AB 954)ê

 

      [16.  To analyze the past history and probable future trend of the state’s financial position in order that a sound fiscal policy may be developed and maintained for the State of Nevada.]

      14.  After the legislative auditor has furnished a preliminary report to the head of a state department, the legislative auditor or his designated representative shall discuss the report with the head of the state department. If the head of the state department desires, he may submit to the legislative auditor within 10 days after the discussion his written statement of explanation or rebuttal concerning any of the findings, and the legislative auditor shall quote in the final report the officer’s explanation or rebuttal to any of the findings included in the final report.

      15.  Each final report shall be submitted to the legislative commission. After such report has been accepted by the legislative commission, copies of each final report shall be filed with the governor, the lieutenant governor, the secretary of state and each member of the legislature.

      Sec. 11.  NRS 218.780 is hereby amended to read as follows:

      218.780  Upon the request of the [fiscal analyst] legislative auditor or his authorized representative, all officers and employees of the state departments shall make available and accessible to the [fiscal analyst] legislative auditor all books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, necessary or convenient to the proper discharge of the duties of the [fiscal analyst.] legislative auditor.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13.  (Deleted by amendment.)

      Sec. 14.  NRS 218.820 is hereby amended to read as follows:

      218.820  Upon the request of the [fiscal analyst,] legislative auditor, every elective state officer in the state, every board or commission provided for by the laws of the state, every head of each and every department in the state, and every employee or agent thereof, acting by, for or on account of any such office, board, commission or officer receiving, paying or otherwise controlling any public funds in the State of Nevada, in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government of the United States or any branch, bureau or agency thereof, or funds received from private or other source, shall submit to the [fiscal analyst] legislative auditor a complete financial statement of each and every receipt of funds received by the office, officer, board, commission, person or agent, and of every expenditure of such receipts or any portion thereof for the period designated by the [fiscal analyst.] legislative auditor.

      Sec. 15.  NRS 218.825 is hereby amended to read as follows:

      218.825  1.  Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, chapters 628 to 644, inclusive, and chapter 653 of NRS shall engage the services of an independent certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year between June 30 and December 1 for the preceding fiscal year. The cost of the audit shall be paid by the board or commission audited.

      2.  A report of each such audit shall be filed with the [fiscal analyst] legislative auditor and the director of the budget on or before December 1 of each year.

 


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

ê1973 Statutes of Nevada, Page 1664 (Chapter 771, AB 954)ê

 

1 of each year. The [fiscal analyst] legislative auditor shall prescribe the shape, size and general style or makeup of the report.

      3.  The [fiscal analyst] legislative auditor may audit the fiscal records of any such board or commission only if the legislative commission is dissatisfied with the independent audit and directs the [fiscal analyst] legislative auditor to perform an audit. The cost of any such audit shall be paid by the legislative counsel bureau.

      Sec. 16.  NRS 218.830 is hereby amended to read as follows:

      218.830  1.  The [fiscal analyst] legislative auditor shall prepare a biennial report for the governor [, the legislative counsel bureau] and members of the [,] legislature, which shall be submitted prior to December 31 of each even-numbered year. Copies of the report shall be filed in the office of the secretary of state.

      2.  The biennial report shall contain, among other things:

      (a) Copies of, or the substance of, reports made to the various state departments, as well as a summary of changes made in the system of accounts and records thereof.

      (b) Specific recommendations to the legislature for the amendment of existing laws or the enactment of new laws designed to improve the functioning of various departments of the state government. [to the end that more efficient service may be rendered and the cost of government reduced.]

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  NRS 218.850 is hereby amended to read as follows:

      218.850  1.  Each of the audits provided for in this chapter shall be made and concluded as directed by the legislative commission and in accordance with the terms of NRS 218.740 to 218.890, inclusive. [, but shall be concluded and reports thereof made not later than 30 days before the convening of each regular session of the legislature, except in the case of an audit in progress, continuing work on which has been approved by the legislative commission.]

      2.  The legislative commission shall direct the [fiscal analyst] legislative auditor to make any special audit or investigation that in its judgment is proper and necessary to carry out the purpose of this chapter or to assist the legislature in the proper discharge of its duties.

      Sec. 19.  (Deleted by amendment.)

      Sec. 20.  NRS 218.870 is hereby amended to read as follows:

      218.870  [1.]  The [fiscal analyst] legislative auditor shall keep or cause to be kept:

      [(a)]1.  A complete, accurate and adequate set of [fiscal transactions of the office of the legislative counsel bureau.] accounting records and reports for all legislative operations.

      [(b)]2.  A complete file of copies of all audit reports, examinations, investigations and any and all other reports or releases issued by him.

      [(c)]3.  A complete file of audit work papers and other evidences pertaining to work of the [fiscal analyst.] legislative auditor.

      [2.  Whenever the fiscal analyst has photographed or microphotographed or filmed all or any part of the records kept by him pursuant to subsection 1 in a manner and on film or paper that complies with the minimum standards of qualify approved for such photographic records by the National Bureau of Standards, and has placed such photographs or microphotographs or films in conveniently accessible files and made for preserving, examining and using them, the fiscal analyst may, upon the approval of the legislative commission, cause the original records from which the photographs or microphotographs or films have been made, or any part thereof, to be disposed of or destroyed.]

 


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

ê1973 Statutes of Nevada, Page 1665 (Chapter 771, AB 954)ê

 

or microphotographs or films in conveniently accessible files and made for preserving, examining and using them, the fiscal analyst may, upon the approval of the legislative commission, cause the original records from which the photographs or microphotographs or films have been made, or any part thereof, to be disposed of or destroyed.]

      Sec. 21.  NRS 218.880 is hereby amended to read as follows:

      218.880  1.  If the [fiscal analyst] legislative auditor finds, in the course of his audit, evidence of improper practices of financial administration or inadequacy of fiscal records, he shall report the same immediately to the governor, the legislative commission, and the department head or heads affected.

      2.  If the [fiscal analyst shall find] legislative auditor finds evidence of illegal transactions, he shall forthwith report such transactions to the governor, the legislative commission, and the attorney general.

      Sec. 22.  NRS 218.890 is hereby amended to read as follows:

      218.890  Immediately upon receipt of a report from the [fiscal analyst] legislative auditor of inadequacy of fiscal records, the legislative commission shall review the [fiscal analyst’s] legislative auditor’s report and hold hearings with the department head or heads concerning such inadequacy of fiscal records. The legislative commission, after holding such hearings, shall make a report to the department head or heads requesting the installation of the necessary fiscal records. The legislative commission shall report to the legislature any refusal of the department officials to install proper fiscal records.

      Sec. 23.  NRS 353.060 is hereby amended to read as follows:

      353.060  1.  At least once every fiscal year and as often as he may deem proper, the [fiscal analyst] legislative auditor shall count the money in the state treasury. The [fiscal analyst] legislative auditor shall not give the state treasurer any previous notice of the hour or day of the counting.

      2.  The state treasurer shall permit the money in the state treasury to be counted whenever the [fiscal analyst] legislative auditor may wish to make the counting, without delaying the counting on any pretense whatever.

      Sec. 24.  NRS 353.065 is hereby amended to read as follows:

      353.065  The [fiscal analyst] legislative auditor shall count all moneys and securities in the state treasury belonging to the state, or to any department thereof, and all other moneys and securities of which the state treasurer is custodian.

      Sec. 25.  NRS 353.070 is hereby amended to read as follows:

      353.070  It shall be unlawful for the [fiscal analyst] legislative auditor to count as money in the state treasury anything but actual checks pending deposit and currency in the custody of the state treasurer, or deposits in depositary banks.

      Sec. 26.  NRS 353.075 is hereby amended to read as follows:

      353.075  1.  When the count of state moneys, funds and securities is completed, the [fiscal analyst] legislative auditor shall make an affidavit and file the same in the office of the secretary of state. When filed with the secretary of state, the affidavit shall be [and become] a public record.

      2.  The affidavit shall show separately:

      (a) The actual amount of money in the state treasury in the custody of the state treasurer.


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

ê1973 Statutes of Nevada, Page 1666 (Chapter 771, AB 954)ê

 

      (b) The amounts on deposit in banks, listing each depositary bank and the amounts on deposit.

      (c) Lists of all state-owned securities in the state treasury which are in the custody of the state treasurer or in depositary banks.

      (d) A statement of securities deposited with the state treasurer for safekeeping showing the total value of such securities, the department or commission for whom the state treasurer holds such securities, and the purpose for which the securities were obtained.

      Sec. 27.  NRS 353.080 is hereby amended to read as follows:

      353.080  If the [fiscal analyst] legislative auditor willfully shall fail to perform the duties imposed under the provisions of NRS 353.065 to 353.075, inclusive, or willfully shall neglect or refuse to perform any duty enjoined thereunder, he shall be deemed guilty of a misdemeanor and shall be further punished as provided in NRS 197.230.

      Sec. 28.  NRS 353.210 is hereby amended to read as follows:

      353.210  1.  Except as provided in subsection 3, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state funds, fees or other moneys under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The chief shall direct that one copy of the completed forms be delivered directly to the [fiscal analyst] research director of the legislative counsel bureau on or before September 1 of each even-numbered year.

      2.  The expenditure estimates shall be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. If any department, institution or other agency of the executive department of the state government, whether its funds be derived from state funds or from other moneys collected under the authority of the state, shall fail or neglect to submit estimates of its expenditure requirements as herein provided, the chief shall have power and authority, from any data at hand in his office or which, in his discretion, he may examine or obtain elsewhere, to make and enter an arbitrary budget for such department, institution or agency in accordance with such data as he may have at hand or obtain.

      3.  Agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system and the judicial department of the state government shall, at the request of the chief, submit to him for his information in preparing the executive budget the budgets which they propose to submit to the legislature.

      Sec. 29.  NRS 353.215 is hereby amended to read as follows:

      353.215  1.  Not later than June 1 of each year the governor shall require the head of each department, institution and agency of the executive department of the state government to submit to him through the chief a work program for the ensuing fiscal year.


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

ê1973 Statutes of Nevada, Page 1667 (Chapter 771, AB 954)ê

 

require the head of each department, institution and agency of the executive department of the state government to submit to him through the chief a work program for the ensuing fiscal year. Such program shall:

      (a) Include all appropriations or other funds from any source whatever made available to the department, institution or agency for its operation and maintenance and for the acquisition of property.

      (b) Show the requested allotments of appropriations or other funds by month or other period as the chief may require for the entire fiscal year.

      2.  The governor, with the assistance of the chief, shall review the requested allotments with respect to the work program of each department, institution or agency, and the governor shall, if he deems it necessary, revise, alter or change such allotments before approving the same. The aggregate of such allotments shall not exceed the total appropriations or other funds from any source whatever made available to the department, institution or agency for the fiscal year in question.

      3.  The chief shall transmit a copy of the allotments as approved by the governor to the head of the department, institution or agency concerned, to the state treasurer, to the state controller and to the [fiscal analyst.] research director of the legislative counsel bureau.

      4.  All expenditures to be made from the appropriations or other funds from any source whatever shall be made on the basis of such allotments and not otherwise, and shall be broken down into such classifications as the chief may require.

      Sec. 30.  NRS 353.230 is hereby amended to read as follows:

      353.230  1.  The chief shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as he may deem necessary in view of the needs of the various departments, institutions and agencies in the executive department of the state government and the total anticipated income of the state government and of the various departments, institutions and agencies thereof during the next fiscal year.

      2.  The research director of the legislative counsel bureau or his designated representative shall meet with the chief and participate in the budget review and shall have full access to all materials connected with the review.

      3.  The chief shall then prepare a budget, in accordance with NRS 353.150 to 353.246, inclusive, and shall deliver it to the governor. The governor shall transmit such budget to the legislature not later than the 10th day of the regular legislative session.

      [3.]4.  During the consideration of the general appropriation bill, the special appropriation bills and bills authorizing budgeted expenditures by the departments, institutions and agencies operating on funds designated for specific purposes by the constitution or otherwise, submitted by the governor with the budget, the governor or his representative shall have the right to appear before and be heard by the appropriation committees of the legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him.

      Sec. 31.  NRS 353.262 is hereby amended to read as follows:

      353.262  When the state board of examiners finds, after diligent inquiry and examination, that:


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

ê1973 Statutes of Nevada, Page 1668 (Chapter 771, AB 954)ê

 

      1.  As a result of the payment of terminal leave pay or sick leave pay to any state officer or employee, sufficient appropriated money does not remain available to permit the payment of salaries when due to a person to be appointed or employed to replace the officer or employee who is on sick leave or whose employment has been terminated; and

      2.  The appointment or employment of such replacement is necessary in the best interests of the state,

the state board of examiners may, with the approval of the [fiscal analyst,] legislative auditor, authorize the expenditure of sums not exceeding $2,000 from the reserve for statutory contingency fund for payment of salaries when due to each person so appointed or employed as a replacement for the person to whom such terminal leave pay or sick leave pay was paid or is payable.

      Sec. 32.  NRS 353.319 is hereby amended to read as follows:

      353.319  1.  The state controller shall proceed immediately upon July 1, 1969, to implement the provisions of the Fiscal and Accounting Procedures Law.

      2.  The state controller shall present reports on the development and implementation of the Fiscal and Accounting Procedures Law to the [fiscal and auditing] audit division of the legislative counsel bureau.

      3.  All proposed changes in the method and procedures of accounting shall be presented to the department of administration and the [fiscal and auditing] audit division of the legislative counsel bureau and the state board of finance for their review and recommendations prior to implementation.

      Sec. 33.  NRS 353.325 is hereby amended to read as follows:

      353.325  Each state agency, within 10 days after receiving an audit report pertaining to such agency, shall submit one copy of such audit report to:

      1.  The chief of the budget division of the department of administration.

      2.  The state controller.

      3.  The [fiscal analyst.] legislative auditor.

      Sec. 34.  NRS 383.110 is hereby amended to read as follows:

      383.110  The council may accept any gift, grant or bequest from any source for the purpose of carrying on its work. All such sums shall be deposited in the state treasury in a nonreverting gift fund and expended in accordance with the budget laws of the State of Nevada upon properly itemized and verified claims approved by the state librarian and the council. [The fiscal analyst shall audit, examine and report on the fund.]

      Sec. 35.  NRS 387.013 is hereby amended to read as follows:

      387.013  On and after July 1, 1970, the state controller shall, each quarter, prepare a complete financial report of the state permanent school fund. A copy of this report shall be submitted to the state board of finance and to the [fiscal and auditing division] research director of the legislative counsel bureau.

      Sec. 36.  NRS 458.080 is hereby amended to read as follows:

      458.080  The alcoholism division may:

      1.  By contracting with organized groups, render partial financial assistance in the operation of treatment and rehabilitation facilities established by these groups.


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

ê1973 Statutes of Nevada, Page 1669 (Chapter 771, AB 954)ê

 

assistance in the operation of treatment and rehabilitation facilities established by these groups. Each such contract shall contain a provision allowing the [fiscal analyst] legislative auditor to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.

      2.  Aid such established rehabilitation centers in the procurement of supplies and equipment and act as receiving agent for such centers in the procurement of government surplus for the purchasing division of the department of administration.

      Sec. 36.2.  NRS 458.080 is hereby amended to read as follows:

      458.080  The alcoholism division may:

      1.  By contracting with organized groups, render partial financial assistance in the operation of treatment and rehabilitation facilities established by these groups. Each such contract shall contain a provision allowing the [fiscal analyst] legislative auditor to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.

      2.  Aid such established rehabilitation centers in the procurement of supplies and equipment and act as receiving agent for such centers in the procurement of government surplus from the purchasing division of the department of general services.

      Sec. 36.4.  NRS 458.080 is hereby amended to read as follows:

      458.080  The bureau may, by contracting with organized groups, render partial financial assistance in the operation of facilities established by these groups. Each such contract shall contain a provision allowing the [fiscal analyst] legislative auditor to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.

      Sec. 37.  NRS 463.1593 is hereby amended to read as follows:

      463.1593  The [fiscal analyst] legislative auditor shall in performing his regular audits of the commission and the board, and in addition whenever so directed by a concurrent resolution of the legislature, ascertain whether the control and related practices prescribed by NRS 463.157 to 463.1592, inclusive, are being efficiently, effectively and equitably administered.

      Sec. 38.  NRS 218.800, 218.810, 218.840, 218.860, 607.070 and 625.160 are hereby repealed.

      Sec. 39.  The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or which is further amended or added by another act:

      1.  If reference is made to the former fiscal analyst, substitute an appropriate reference to the legislative auditor in connection with the audit division or the research director in connection with the research and fiscal analysis division.

      2.  If reference is made to the research and fiscal analyses division by its former name as research division, substitute the new name.

      3.  If reference is made to the audit division by its former name as fiscal and auditing division, substitute the new name.


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

ê1973 Statutes of Nevada, Page 1670 (Chapter 771, AB 954)ê

 

      Sec. 40.  1.  Section 5 of this act shall not become effective if Senate Bill 596 of the 57th session of the Nevada legislature becomes law.

      2.  Section 5.5 of this act shall not become effective if Senate Bill 596 of the 57th session of the Nevada legislature does not become law.

      3.  Section 28 of this act shall not become effective if Senate Bill 594 of the 57th session of the Nevada legislature becomes law.

      4.  Section 36 of this act shall become effective only if neither Assembly Bill 242 nor Senate Bill 590 of the 57th session of the Nevada legislature becomes law.

      5.  Section 36.2 of this act shall become effective only if Assembly Bill 242 of the 57th session of the Nevada legislature becomes law.

      6.  Section 36.4 of this act shall become effective only if Senate Bill 590 of the 57th session of the Nevada legislature becomes law.

      Sec. 41.  This act shall become effective at 12:04 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 772, AB 909

Assembly Bill No. 909–Committee on Taxation

CHAPTER 772

AN ACT relating to taxation; designating additional benevolent or charitable societies entitled to tax exemption under NRS 361.135; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 361.135 is hereby amended to read as follows:

      361.135  1.  The funds, furniture, paraphernalia and regalia owned by any lodge of the Benevolent Protective Order of Elks, Fraternal Order of Eagles, Free and Accepted Masons, Independent Order of Odd Fellows, Knights of Pythias or Knights of Columbus, or by any similar charitable organization, or by [any] the Lahontan Audubon Society, the National Audubon Society, Inc., of New York, the Defenders of Wildlife of the District of Columbia or any similar benevolent or charitable society, so long as the same shall be used for the legitimate purposes of such lodge or society or for such charitable or benevolent purposes, shall be exempt from taxation, but such exemption shall in no case exceed the sum of $5,000 assessed valuation to any one lodge, society or organization.

      2.  The real estate and fixtures of any such organization or society shall be exempt from taxation, but when any such property is used for purposes other than those of such organization or society, and a rent or other valuable consideration is received for its use, the property so used shall be taxed.

      3.  Where any structure or parcel of land is used partly for the purposes of such organization or society and partly for rental purposes, the area used for rental purposes shall be assessed separately and that portion only shall be taxed.

 

________


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

ê1973 Statutes of Nevada, Page 1671ê

 

CHAPTER 773, AB 896

Assembly Bill No. 896–Mr. Young

CHAPTER 773

AN ACT relating to wildlife; creating the state wildlife damage control advisory committee; authorizing compliance with the Federal Animal Damage Control Act of 1973; prohibiting hunting birds and certain animals from aircraft; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 501 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, “committee” means the state wildlife damage control advisory committee.

      Sec. 3.  The state wildlife damage control advisory committee is hereby created for the purpose of recommending to the commission all matters relating to wildlife damage control programs. Such recommendations shall be considered by the commission in the establishment of policies and regulations.

      Sec. 4.  The committee shall consist of six members. One member each shall be designated by:

      1.  The state board of agriculture.

      2.  The state board of fish and game commissioners.

      3.  The state board of sheep commissioners.

      4.  The Nevada Farm Bureau.

      5.  The Nevada Wildlife Federation.

      6.  The Nevada State Cattlemen’s Association.

      Sec. 5.  The secretary to the commission shall act as nonvoting chairman of the committee.

      Sec. 6.  1.  The committee shall hold regular meetings quarterly at the headquarters office of the department or at such other locations as the committee may designate.

      2.  Special meetings of the committee may be held at such times and places as may be necessary and proper.

      3.  Four members of the committee constitute a quorum for the transaction of any and all business which comes before the committee.

      Sec. 7.  1.  Members of the committee are entitled to receive $25 per day while performing official duties for the committee, plus the per diem allowance and travel expenses provided by law.

      2.  Compensation and expenses shall be paid from the fish and game fund.

      Sec. 8.  The committee shall submit recommendations on the control of wildlife depredations to the commission for consideration by the commission in its deliberations on and establishment of policies, regulations and the approval of programs.

      Sec. 9.  1.  Not later than April 15 the committee shall prepare and submit to the commission a budget for the following fiscal year. The budget shall set forth in detail the committee’s proposed expenditures for the next fiscal year and a statement of the actual expenditures for the current fiscal year.


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

ê1973 Statutes of Nevada, Page 1672 (Chapter 773, AB 896)ê

 

      2.  The commission may approve the budget as submitted or may amend the budget in any manner it considers necessary or proper.

      Sec. 10.  1.  The State of Nevada hereby assents to the provisions of the act of Congress known as the Federal Animal Damage Control Act of 1973, providing federal aid to states in controlling damage caused by predatory animals.

      2.  The commission may do all things necessary to obtain for the State of Nevada the benefits provided by such act of Congress.

      Sec. 11.  NRS 501.181 is hereby amended to read as follows:

      501.181  The commission shall:

      1.  Establish broad policies for:

      (a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.

      (b) The promotion of the safety of persons and property using or used in the operation of vessels on the waters of the state.

      (c) The promotion of uniformity of laws relating to such policy matters.

      (d) The designation of fish and game wardens and for their training.

      2.  Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.

      3.  Cover by such established policies the following areas of interest, but coverage is not necessarily limited to the following:

      (a) The management of big and small game animals, upland and migratory game birds, fur-bearing animals, game fish, and protected and unprotected animals, birds, fish, reptiles and amphibians.

      (b) The control of wildlife depredations.

      (c) The operation of the committee.

      (d) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife, the entry, access to, and occupancy and use of such property, including leases of grazing rights, sale of agricultural and timber products or exploration for or extraction of minerals, oil, gas or thermal power on lands controlled by the department under cooperative agreements or owned or leased by the department.

      [(d)](e) The control of nonresident hunters.

      [(e)](f) The introduction, transplanting or exporting of wildlife.

      [(f)](g) Cooperation with federal, state and local agencies on wildlife and boating programs.

      [(g)](h) The establishment and operation of private and commercial game farms, hunting preserves, hatcheries and guide services.

      [(h)](i) The hunting, fishing or trapping privileges of any person convicted of two violations within a 5-year period.

      4.  Establish rules and regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including but not limited to the following:

      (a) Regular and special seasons for hunting game animals and game birds, for hunting or trapping fur-bearing animals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping.


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

ê1973 Statutes of Nevada, Page 1673 (Chapter 773, AB 896)ê

 

for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. Such regulations shall be established after first considering the recommendations of the department, the county game management boards and others who wish to present their views at the open meeting as provided by law.

      (b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.

      (c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.

      (d) Nonresident quotas for big game and, if necessary, quotas for other game species for the regular and special seasons. The opening and closing dates of such seasons shall not discriminate between residents and nonresidents, but nonresident hunting seasons may be created by the commission by periods.

      (e) Complying with the necessary requirements for obtaining federal aid under the provisions of the Federal Animal Damage Control Act of 1973.

      5.  Approve the biennial budget of the department on the basis of conformity to commission policy, the provisions of this Title and of chapter 488 of NRS.

      6.  Be the appointing power of the director of the department under the provisions of this Title and of chapter 284 of NRS.

      Sec. 12.  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 NRS 488.1793, 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.  Revenue from the sale of licenses, NRS 488.075, 488.1793, 365.535 and all other sources except appropriations, gifts, grants, fur sale proceeds from wildlife damage control, funds received for the operation of the wildlife damage control program and federal funds shall, if received prior to June 30 of the year earned, and may if received subsequent to June 30 of the year earned, be deposited at interest, with the written approval of the [State Board of Finance] 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 periodically, commencing at the beginning of each fiscal year, to the state treasurer for the use of the department during that fiscal year. Appropriations, gifts, grants, fur sale, wildlife damage control funds and federal funds when received shall be deposited in the state treasury to the credit of the fish and game fund.

      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.


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

ê1973 Statutes of Nevada, Page 1674 (Chapter 773, AB 896)ê

 

      (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 NRS 488.1793.

      (g) The payment of expenses incurred in the administration, management and control of wildlife damage, except that the total expenditure from the fish and game fund for this purpose shall not exceed the total sums received by the department pursuant to the provisions of this Title and chapter 567 of NRS and that not more than 10 percent of the state’s share of such payments may be from funds derived from the sale of hunting, fishing and trapping licenses or permits.

      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. Accounting procedures in the administration of the fish and game fund shall be consistent with the provisions of the Fiscal and Accounting Procedures Law.

      Sec. 13.  Chapter 503 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Except as provided in subsection 2, a person shall not kill or attempt to kill any birds or animals while such person is flying in an aircraft.

      2.  The commission may promulgate rules and regulations whereby the department may issue permits authorizing the hunting or killing of coyotes or bobcats from an aircraft.

      3.  Every person who willfully violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 14.  NRS 567.130 is hereby amended to read as follows:

      567.130  1.  The board, acting as the committee, is empowered and authorized in behalf of the sheep-raising industry of Nevada:

      (a) To enter into cooperative agreements with [the Fish and Wildlife Service of the United States Department of the Interior in its program of predatory animal control.] state, federal, and other agencies designated to conduct wildlife control programs.

      (b) To contribute moneys to aid the program from the woolgrowers predatory animal control fund in accordance with the terms of such cooperative agreements and within the limitations of the woolgrowers predatory animal control fund.


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

ê1973 Statutes of Nevada, Page 1675 (Chapter 773, AB 896)ê

 

      2.  The board may draw upon the woolgrowers predatory animal control fund for this purpose only and the sums so drawn shall be made available from the fund by the proper authorities of the state in the amounts and for the purposes for which they are drawn.

      Sec. 15.  NRS 493.110 is hereby repealed.

      Sec. 16.  NRS 567.010, 567.020, 567.030, 567.040, 567.050, 567.060, 567.070, 567.080, 567.090, 567.140 and 567.150 are hereby repealed.

      Sec. 17.  1.  Sections 13 and 15 of the act shall become effective on July 1, 1973.

      2.  Section 12 of this act shall become effective at 12:01 a.m. on July 1, 1973, or on the effective date of the Federal Animal Damage Control Act of 1973, whichever is later.

      3.  The remaining provisions of this act shall become effective on the effective date of the Federal Animal Damage Control Act of 1973.

 

________

 

 

CHAPTER 774, AB 835

Assembly Bill No. 835–Committee on Government Affairs

CHAPTER 774

AN ACT relating to traveling expenses of county and township officers and employees; equating the amount of private conveyance travel expense allowances of county and township officers and employees to the statutory amount allowed state officers and employees; removing limitations on living expenses of township officers; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 245.060 is hereby amended to read as follows:

      245.060  1.  When any county or township officer or any employee of the county shall be entitled to receive his necessary traveling expenses for the transaction of public business, such expenses shall include actual living expenses, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance. Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedules or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed [10 cents per mile so traveled.] the maximum per-mile allowance for travel by private conveyance of state officers and employees specified in subsection 3 of NRS 281.160.

      2.  All claims for traveling expenses and subsistence allowances shall be approved by the board of county commissioners before payment.

      Sec. 2.  NRS 258.050 is hereby amended to read as follows:


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

ê1973 Statutes of Nevada, Page 1676 (Chapter 774, AB 835)ê

 

      258.050  1.  When any constable shall be entitled to receive his necessary traveling expenses for the transaction of public business, such expenses shall include his actual living expenses, [not to exceed $10 per day,] but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance.

      2.  Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedule or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners is authorized to allow for traveling by private conveyance an amount not to exceed [10 cents per mile so traveled.] the maximum per-mile allowance for travel by private conveyance of state officers and employees specified in subsection 3 of NRS 281.160.

      3.  Any constable presenting a claim to the county for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his claim, and the boards of county commissioners of the several counties are hereby prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.

 

________

 

 

CHAPTER 775, AB 832

Assembly Bill No. 832–Committee on Government Affairs

CHAPTER 775

AN ACT authorizing board of county commissioners of certain counties to establish central receiving and disbursing systems for the handling of county moneys and moneys held in trust by the county or by its elected or appointed officers; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

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

      1.  Notwithstanding any other provision of law, the boards of county commissioners of counties with population of 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall have power and jurisdiction in their respective counties to establish by ordinance central receiving and disbursing systems for the handling of county moneys and moneys held in trust by the county or by any of its elected or appointed officers. Such systems may include, but are not limited to, the following:

      (a) The commingling of all moneys from any source whatsoever, provided that the accounting system employed supplies full information concerning the sources of the moneys.

      (b) The elimination of departmental bank accounts provided for in NRS 356.200 by commingling such moneys in a bank account or accounts maintained by the county treasurer.

 


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

ê1973 Statutes of Nevada, Page 1677 (Chapter 775, AB 832)ê

 

NRS 356.200 by commingling such moneys in a bank account or accounts maintained by the county treasurer.

      (c) The elimination of trust bank accounts created for any reason whatsoever, as long as adequate records are maintained to identify fully all trust moneys. The moneys previously held in such trust bank accounts may be commingled with other moneys held in bank accounts maintained by the county treasurer.

      (d) The centralization of all disbursing of all moneys, including trust moneys, provided the accounting system employed supplies full information concerning the disposition of such moneys.

      (e) The centralization of part or all of billing and collection aspects of business licenses, personal property and any other activity of any of the offices of the county that involves billing for services or taxes or fees imposed by statute or ordinance, or the collection of moneys in payment of such billings.

      2.  Investment income from the commingled funds will be credited to the general fund of the county if other provisions of law or contract do not require other allocation of such investment income.

      3.  Nothing in this section shall eliminate the reporting requirements of various elected and appointed officials relating to the receipt and disposition of moneys.

      Sec. 2.  NRS 4.060 is hereby amended to read as follows:

      4.060  1.  Justices of the peace shall be allowed the following fees:

      (a) On the commencement of any action or proceeding in the justice’s court, other than in actions commenced under chapter 73 of NRS, to be paid by the party commencing the action.........................................................................................           $7.00

      (b) For the preparation and filing of an affidavit and order in an action commenced under chapter 73 of NRS......................................................................................             5.00

      (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of appearance, if the appearance or answer is oral..............................................             2.00

      For every additional defendant, appearing separately.............................             1.00

      (d) No fee shall be charged where a defendant or defendants appear in response to an affidavit and order issued under the provisions of chapter 73 of NRS.

      (e) For the filing of any paper in intervention............................................             2.00

      (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court, after the issuance of four such writs...................................................................................             1.00

      (g) For filing a notice of appeal, and appeal bonds..................................             1.00

      One charge only shall be made if both papers are filed at the same time.

      (h) For issuing supersedeas to a writ designated to enforce a judgment or order of the court...................................................................................................................             1.00

      (i) For preparation and transmittal of transcript and papers on appeal                          10.00

      (j) For taking depositions in actions or other matters not pending before the court, per folio....................................................................................................................               .35


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

ê1973 Statutes of Nevada, Page 1678 (Chapter 775, AB 832)ê

 

      (k) For issuing a search warrant or commitment......................................           $1.00

      (l) For celebrating a marriage and returning the certificate to the county recorder       5.00

      (m) For entering judgment by confession, as in the district court..........             3.00

      2.  [The] Except as otherwise provided by an ordinance adopted pursuant to the provisions of section 1 of this act, the justice of the peace shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.

      Sec. 3.  NRS 247.305 is hereby amended to read as follows:

      247.305  1.  Except as otherwise specifically provided by law, county recorders shall charge and collect the following fees:

 

For recording any document, for the first page........................................       $3.00

For each additional page..........................................................         1.00

For recording each portion of a document which must be separately indexed, after the first indexing......................................................................................         2.00

For copying any record, for the first page.................................................         1.00

For each additional page..........................................................           .50

For certifying, including certificate and seal, for the first seal...............         1.00

For each additional seal............................................................           .25

For recording or copying any document in a foreign language, double the normal fee.

 

      2.  No county recorder shall charge or collect any fees for any of the services herein specified rendered by him to the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity, except for copying of any document, including certificate and seal, for which the statutory fee shall be paid.

      3.  [County] Except as otherwise provided by an ordinance adopted pursuant to the provisions of section 1 of this act, county recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      Sec. 4.  NRS 247.310 is hereby amended to read as follows:

      247.310  1.  Except as otherwise provided by law, county recorders shall charge the following fees for recording certificates of proof of labor on mining claims:

 

For recording any such certificates that embrace therein one claim....       $0.50

For each additional mining claim embraced in the certificate            ............................................................................................... .25

 

      2.  If any certificate shall contain more than 100 words, an additional fee of 30 cents shall be charged for each 100 words or fractional part thereof in excess of the first 100 words.

      3.  [County] Except as otherwise provided by an ordinance adopted pursuant to the provisions of section 1 of this act, county recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      Sec. 5.  NRS 248.275 is hereby amended to read as follows:


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

ê1973 Statutes of Nevada, Page 1679 (Chapter 775, AB 832)ê

 

      248.275  1.  The sheriff of each county in this state may charge and collect the following fees:

 

For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except a writ of habeas corpus, on every defendant....................................................................................................................       $2.00

For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile..........................           .50

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.

For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking...............................................................................         1.50

For a copy of any writ, process or other paper, when demanded or required by law, for each folio...........................................................................................           .30

For serving every notice, rule or order........................................................         1.00

For serving a subpena, for each witness summoned...............................           .50

For traveling, per mile in serving subpenas, or a venire, in going only, for each mile .................................................................................................................... .50

When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons...............................................         3.00

For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper....................................................................................................................         2.00

For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which shall be collected from the party receiving the certificate.........................................................         2.00

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof.............................         5.00

For serving a writ of possession or restitution, putting any person into possession entitled thereto.........................................................................................         5.00

For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile...           .50

      2.  The sheriff may also charge and collect:

 

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.


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

ê1973 Statutes of Nevada, Page 1680 (Chapter 775, AB 832)ê

 

      (b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $500, 1 percent; on all over that sum, one-half of 1 percent.

      (c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

      (d) For all services in justices’ courts, the same fees as are allowed constables.

      3.  The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving such property, as the court from which the writ or order may issue certifies to be just and reasonable.

      4.  In service of a subpena or a venire in criminal cases, the sheriff shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.

      5.  The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution of order of sale, shall be collected from the defendants, by virtue of such execution or order of sale, in the same manner as the execution is directed to be made.

      6.  [All] Except as otherwise provided by an ordinance adopted pursuant to the provisions of section 1 of this act, all fees collected by a sheriff shall be paid into the county treasury of his county on or before the 5th day of the month next succeeding the month in which such fees are collected.

      Sec. 5.5.  NRS 248.275 is hereby amended to read as follows:

      248.275  1.  The sheriff of each county in this state may charge and collect the following fees:

 

For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except a writ of habeas corpus, on every defendant....................................................................................................................       $5.00

For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile..........................           .50

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.

For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking...............................................................................         3.00

For a copy of any writ, process or other paper, when demanded or required by law, for each page...........................................................................................           .50

For serving every notice, rule or order........................................................         5.00

For serving a subpena, for each witness summoned...............................         5.00

For traveling, per mile serving subpenas, or a venire, in going only, for each mile     .................................................................................................................... .50

When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons...............    $5.00

 


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

ê1973 Statutes of Nevada, Page 1681 (Chapter 775, AB 832)ê

 

for the delivery of personal property, together with traveling fees, as in cases of summons..................................................................................................       $5.00

For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper....................................................................................................................         4.00

For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which shall be collected from the party receiving the certificate.........................................................         5.00

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof.............................       10.00

For serving a writ of possession or restitution, putting any person into possession entitled thereto.........................................................................................       10.00

For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile...           .50

 

The sheriff may charge and collect $0.50 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed $10.00.

      2.  The sheriff may also charge and collect:

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.

      (b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $500, 1 percent; on all over that sum, one-half of 1 percent.

      (c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

      (d) For all services in justices’ courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.

      3.  The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving such property, as the court from which the writ or order may issue certifies to be just and reasonable.

      4.  In service of a subpena or a venire in criminal cases, the sheriff shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.

      5.  The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution of order of sale, shall be collected from the defendants, by virtue of such execution or order of sale, in the same manner as the execution is directed to be made.

      6.  [All] Except as otherwise provided by an ordinance adopted pursuant to the provisions of section 1 of this act, all fees collected by a sheriff shall be paid into the county treasury of his county on or before the 5th day of the month next succeeding the month in which such fees are collected.


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

ê1973 Statutes of Nevada, Page 1682 (Chapter 775, AB 832)ê

 

      Sec. 6.  NRS 251.070 is hereby amended to read as follows:

      251.070  1.  County auditors in counties wherein the total vote at the last general election did not exceed 800, and county auditors in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:

 

                                                                                                                Counties          Counties

                                                                                                                  Polling              Polling

                                                                                                               800 Votes        Over 800

                                                                                                                  or Less               Votes

For filing treasurer’s receipts and issuing licenses, to be paid by the party.................................................................................       $0.50 $0.25

For all services rendered by him in the discharge of the duties imposed on him by law, other than those specially enumerated, for each folio..................................................................................           .30    .20

For filing and endorsing each paper...................................           .25    .20

 

      2.  County auditors shall receive no fees for filing and endorsing the property schedules rendered them by the county assessors.

      3.  [County] Except as otherwise provided by an ordinance adopted pursuant to the provisions of section 1 of this act, county auditors shall, on or before the 5th day of each month, account or and pay to the county treasurer all fees collected during the preceding month.

      4.  The auditor of Carson City shall be allowed the same fees as are allowed county auditors in counties wherein the total vote at the last general election did not exceed 800.

      Sec. 7.  NRS 252.140 is hereby amended to read as follows:

      252.140  [The] Except as otherwise provided by an ordinance adopted pursuant to the provisions of section 1 of this act, the district attorney shall, on or before the 5th day of each month, file in the office of the county treasurer an account in writing, certified by oath, of all moneys received by him in his official capacity during the preceding month and shall, at the same time, pay such moneys to the county treasurer.

      Sec. 8.  NRS 258.150 is hereby amended to read as follows:

      258.150  1.  All constables of the townships in Washoe County shall charge and collect the following fees:

 

For serving summons or other process by which suit is commenced in civil cases     .................................................................................................................. $1.00

For summoning a jury before a justice of the peace in civil cases.......         2.00

For taking a bond or undertaking...............................................................         1.00

For serving attachment against the property of any defendant...........         2.00

For serving a subpena in civil actions........................................................         1.00

But where more than one subpena is necessary in any one action the fees for such service shall not exceed $2 for each litigant.

For a copy of any writ, process or other paper when required by law, per folio .................................................................................................................. .20 For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof     ...................................................................................... $5.00

 


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

ê1973 Statutes of Nevada, Page 1683 (Chapter 775, AB 832)ê

 

For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof...............................       $5.00

For each certificate of sale of real property, under execution...............         1.00

For levying an execution, or executing an order of arrest in civil cases, or order for the delivery of personal property........................................................         2.00

For making and posting notices of sale, on execution, not to include the cost of publication in newspapers, each.........................................................         2.00

For mileage in serving any paper mentioned in this subsection, for each mile necessarily traveled, in going only......................................................           .50

But when two or more persons are to be served with the same paper in the same action, mileage shall only be charged for the most distant if they live in the same direction.

 

      2.  A constable shall also be allowed, for receiving and taking care of property on attachment, execution or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the attachment, execution or order upon affidavit of the constable that such charges are correct and the expenses necessarily incurred.

      3.  [All] Except as otherwise provided by an ordinance adopted pursuant to the provisions of section 1 of this act, all fees shall be accounted for and paid over monthly, not later than the 5th day of the month next succeeding the month in which such fees are collected, by the constable to the county treasurer of Washoe County. [, unless the board of county commissioners of Washoe County shall direct otherwise.]

      Sec. 9.  NRS 258.160 is hereby amended to read as follows:

      258.160  1.  Except as provided in NRS 258.125 to 258.150, inclusive, constables in counties wherein the total vote at the last general election did not exceed 800, and constables in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:

 

                                                                                                               800 Votes        Over 800

                                                                                                                  or Less               Votes

                                                                                                                   Polled               Polled

For serving summons or other process by which suit is commenced in civil cases........................................................................       $1.00 $0.75

For summoning a jury before a justice of the peace......         2.00  1.50

For taking a bond or undertaking.......................................         1.00    .75

For serving an attachment against the property of a defendant     2.00.......................................................................................... 1.50

For serving subpenas, for each witness..............................           .25    .20

For summoning and swearing a jury to try the rights of property, and taking the verdict...........................................................         2.00  1.50

For a copy of any writ, process, or other paper when demanded or required by law, per folio..............................................           .30    .20 For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof...........................    $5.00.................................................................... $3.00

 


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

ê1973 Statutes of Nevada, Page 1684 (Chapter 775, AB 832)ê

 

For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof          .......................................................................................... $5.00 $3.00

For each certificate of sale of real property under execution           1.00.......................................................................................... .75

For levying an execution or executing an order of arrest in civil cases, or order for the delivery of personal property with traveling fees, as for summons.............................................................         2.00  1.50

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper    .......................................................................................... 2.00 1.50

 

      2.  All constables shall also be allowed, for receiving and taking care of property on attachment, execution or order, their actual necessary expenses, to be allowed by the justice of the peace who issued the attachment, execution or order, upon the affidavit of the constable that such charges are correct and the expenses necessarily incurred.

      3.  Constables in counties wherein the total vote cast at the last general election did not exceed 800 shall also be allowed:

      (a) For collecting all sums on execution, to be charged against the defendant in execution, 2 percent.

      (b) For mileage in serving summons, attachment, execution, order, venire, subpena, or other process in civil cases, for each mile necessarily traveled, in going only, 50 cents for the first 10 miles, and for each additional mile, 40 cents; but when 2 or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction.

      (c) For service and travel in criminal cases, the same fees as are allowed sheriffs for like services.

      (d) For all other services, except for attending court, the same fees as are allowed sheriffs for similar services.

      4.  Constables in counties wherein the total vote cast at the last general election exceeded 800 shall also be allowed:

      (a) For collecting all sums on execution, to be charged against the defendant in execution, 1.5 percent.

      (b) For mileage in serving summons, attachment, execution, order, venire, subpena or other process in civil cases, for each mile necessarily traveled, in going only, 40 cents; but when 2 or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction.

      (c) For service and travel in criminal cases, the same fees as are allowed sheriffs for similar services.

      5.  [Constables] Except as otherwise provided by an ordinance adopted pursuant to the provisions of section 1 of this act, constables shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 10.  NRS 355.210 is hereby amended to read as follows:


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

ê1973 Statutes of Nevada, Page 1685 (Chapter 775, AB 832)ê

 

      355.210  1.  When any money has been deposited in any court pursuant to law or rule of court, and when in the judgment of the clerk of such court, or the judge thereof if there is no clerk, payment out of such deposit will not be required for 90 days or more, the clerk or the judge, as the case may be, may invest the money so deposited, either alone or by commingling it with other moneys deposited.

      2.  The investment may be made:

      (a) By deposit at interest in a state or national bank in the State of Nevada; or

      (b) In bills, bonds, debentures, notes or other securities whose purchase by a board of county commissioners is authorized by NRS 355.170.

      3.  The interest earned from any investment of money pursuant to this section shall be deposited to the credit of the general fund of the political subdivision or municipality which supports the court.

      4.  The requirements of this section may be modified by an ordinance adopted pursuant to the provisions of section 1 of this act.

      Sec. 11.  1.  Section 5 of this act shall not become effective if Senate Bill 376 of the 57th session of the Nevada legislature becomes law.

      2.  Section 5.5 of this act shall not become effective if Senate Bill 376 of the 57th session of the Nevada legislature does not become law.

      Sec. 12.  This act shall become effective at 12:01 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 776, AB 826

Assembly Bill No. 826–Mr. Vergiels

CHAPTER 776

AN ACT relating to estates in property; requiring certain provisions to be included in a rental contract or lease for any apartment; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  The legislature finds and declares that the apartment rental business, including the contractual relationship between the landlord and the tenant, affects the public interest of this state.

      Sec. 3.  As used in sections 2 to 5, inclusive, of this act, unless the context requires otherwise, “apartment” means an independent dwelling unit equipped for residential housekeeping purposes in any building containing more than one such dwelling unit.

      Sec. 4.  1.  Any written rental contract or lease to be used in the renting or leasing of any apartment in this state shall contain, but shall not be limited to, provisions relating to the following subjects:

      (a) Duration of the lease or contract.

      (b) Amount of rent and the manner and time of the payment of rent.


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

ê1973 Statutes of Nevada, Page 1686 (Chapter 776, AB 826)ê

 

      (c) Occupancy by children or pets.

      (d) Services included with the apartment rental.

      (e) Deposits which may be required and the conditions for their refund.

      (f) Charges which may be required for late or partial payment of rent or for the return of any dishonored check.

      (g) Reasonable inspection rights of the landlord.

      (h) An inventory of any furnishings included with the apartment.

      (i) A listing of persons or number of persons who are to occupy the apartment.

      (j) Condition of the apartment and any furnishings at the time of the execution of the lease or contract.

      (k) Respective responsibilities of the landlord and the tenant as to any damage or repair to the apartment or any of its furnishings.

      2.  Any inventory, listing or other form required by subsection 1 shall be firmly affixed to the contract or lease.

      Sec. 5.  1.  It is unlawful for any landlord to use any written contract or lease covering the rental or lease of any apartment unless such written contract or lease complies with the requirements of section 4 of this act.

      2.  Any device or stratagem intended to avoid the requirements of this act shall be void.

 

________

 

 

CHAPTER 777, AB 781

Assembly Bill No. 781–Messrs. Hayes and Barengo

CHAPTER 777

AN ACT relating to crimes and punishments; prohibiting the use of another’s vehicle without permission; creating certain presumptions; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

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

      1.  Every person who takes and carries away or drives away the vehicle of another without the intent to permanently deprive the owner thereof but without the consent of the owner of such vehicle is guilty of a gross misdemeanor.

      2.  Every person who is in possession of a vehicle without the consent of the owner of such vehicle is presumed to have taken and carried away or driven away the vehicle.

      3.  Vehicle as used in this section means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

 

________


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

ê1973 Statutes of Nevada, Page 1687ê

 

CHAPTER 778, AB 816

Assembly Bill No. 816–Messrs. Bennett, Crawford, Bickerstaff, Mrs. Gojack, Messrs. Smalley, Banner, Demers, Barengo, Ullom, Mrs. Brookman, Messrs. Hickey, Wittenberg, Mrs. Ford and Mr. Bremner

CHAPTER 778

AN ACT creating the child care services division in the department of health, welfare and rehabilitation; stating purposes and objectives; defining words and terms; specifying the functions, powers and duties of the child care services division and its administrator; creating a statewide community coordinated child care policy board; providing for cooperation with the Federal Government; prohibiting certain activities and providing penalties; making an appropriation; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2.  The legislature finds and declares that it is desirable that children of our state in need of day care services receive adequate and safe care outside their own homes, and it is the intent of state and local governments to assist in meeting such needs through an administrative procedure which will further the following objectives:

      1.  Safe and responsive child care facilities and services.

      2.  Adequate methods to pay the costs of child care on an individual basis in already existing child care programs.

      3.  Proper operation of child care programs.

      4.  Provision of services by other public agencies on a subcontracted or purchased basis.

      5.  Full cooperation with the Federal Government in adopting a state plan for child care that is in accordance with the guidelines of the Federal Panel on Early Childhood.

      Sec. 3.  For the purposes of this chapter:

      1.  “Administrator” means the chief of the child care services division of the department of health, welfare and rehabilitation.

      2.  “Department” means the department of health, welfare and rehabilitation.

      3.  “Director” means the director of the department of health, welfare and rehabilitation.

      4.  “Division” means the child care services division of the department of health, welfare and rehabilitation.

      Sec. 4.  The provisions of this chapter shall be liberally construed to effect its stated purpose.

      Sec. 5.  The division shall:

      1.  Serve as a clearing house for information relating to child care.

      2.  Assist the director in all matters pertaining to child care services and programs.

      3.  Develop plans and conduct and arrange for research and demonstration programs in the field of child care.

      4.  Provide technical assistance and consultation to political subdivisions with respect to programs for child care.


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

ê1973 Statutes of Nevada, Page 1688 (Chapter 778, AB 816)ê

 

      5.  Prepare, publish and disseminate educational materials dealing with child care.

      6.  Gather statistics in the field of child care which other federal and state agencies are not collecting.

      7.  Stimulate more effective use of existing resources and available services for child care.

      Sec. 6.  The department through the division shall act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state pursuant to any federal law for the purposes of child care services and programs.

      Sec. 7.  The administrator shall be appointed on the basis of his education, training, experience and demonstrated abilities and his interest in child care services and programs.

      Sec. 8.  1.  The administrator shall:

      (a) Subject to the approval of the director, adopt rules and regulations necessary to carry out the purposes of this chapter;

      (b) Establish appropriate administrative units within the division;

      (c) Appoint such personnel and prescribe their duties as he deems necessary for the proper and efficient performance of the functions of the division;

      (d) Prepare and submit to the governor, through the director, before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;

      (e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and

      (f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.

      2.  The administrator may delegate to any officer or employee of the division such of his powers and duties as he finds necessary to carry out the purposes of this chapter.

      Sec. 9.  The department through the division shall make agreements, arrangements or plans to:

      1.  Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to child care services and programs and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements, arrangements or plans; and

      2.  Comply with such conditions as may be necessary to secure the full benefits of such federal statutes.

      Sec. 10.  The division is authorized to comply with such requirements as may be necessary to obtain federal funds in the maximum amount and most advantageous proportion possible.

      Sec. 11.  1.  The state treasurer is designated as custodian of all moneys received from the Federal Government for carrying out the purposes of this chapter or any agreements, arrangements or plans authorized thereby.

      2.  The state treasurer shall make disbursements from such funds and from all state funds available for the purposes of this chapter upon certification by the designated official of the division.


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

ê1973 Statutes of Nevada, Page 1689 (Chapter 778, AB 816)ê

 

and from all state funds available for the purposes of this chapter upon certification by the designated official of the division.

      Sec. 12.  1.  The division is authorized and empowered to accept and use gifts made by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the administrator are proper and consistent with the provisions of this chapter may be held, invested, reinvested and used in accordance with the conditions of the gift.

      2.  All moneys received as gifts shall be deposited in the state treasury and shall constitute a permanent fund to be called the child care services gift fund. Such moneys may be invested, reinvested and used as provided in subsection 1.

      Sec. 13.  1.  An officer or employee engaged in the administration of this chapter shall not use his official authority to influence or interfere with an election or affect the results thereof or for any partisan political purpose. Such an officer or employee shall not solicit or receive, or be obliged to contribute or render, any service, assistance, subscription, assessment or contribution for any political purpose.

      2.  Any officer or employee violating the provisions of this section shall be discharged.

      Sec. 14.  1.  The administrator, with the approval of the director, shall appoint a statewide community coordinated child care policy board consisting of such number of persons as the director may determine. Members shall be selected from among persons who are experienced or have demonstrated particular interest in child care services and programs.

      2.  Members of the board shall receive no compensation but shall, while attending meetings or otherwise engaged on business of such board, receive travel expenses and subsistence allowances in the amounts provided by NRS 281.160.

      3.  The administrator is authorized to furnish to the board such technical and secretarial assistance and such pertinent data available to him as the board may require to carry out its function.

      Sec. 15.  1.  The board shall establish policy for coordination among all interested public, private and commercial agencies or entities to foster cooperation among such agencies or entities in the interest of:

      (a) Improving the quality of child care services offered by each of the participating agencies and entities.

      (b) Assuring continuity in the community child care program for each family.

      (c) Reaching the maximum number of families possible with top priority given to low-income families within available resources.

      (d) Increasing opportunities for developing staff competence and career development within and between cooperating agencies and entities.

      (e) Developing the most efficient, effective and economical methods for delivering services to children and families.

      (f) Insuring an effective voice in policy and program direction for parents of children receiving child care.

      (g) Mobilizing the resources of the community in such a manner as to assure maximum public, private and individual commitment to provide expanded child care.


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

ê1973 Statutes of Nevada, Page 1690 (Chapter 778, AB 816)ê

 

      2.  Such policy shall be primarily concerned with the coordination of day care and preschool programs, and shall also be concerned with:

      (a) Availability of other needed services for children in preschool or day care programs;

      (b) Availability of needed services for children of school age; and

      (c) Coordination of community services with preschool or day care programs.

      Sec. 16.  NRS 232.300 is hereby amended to read as follows:

      232.300  1.  The department of health, welfare and rehabilitation is hereby created.

      2.  The department shall consist of a director and the following divisions:

      (a) Aging services division.

      (b) Alcoholism division.

      (c) Child care services division.

      (d) Children’s home division.

      [(d)](e) Health division.

      [(e)](f) Mental hygiene and mental retardation division.

      [(f)](g) Nevada girls training center division.

      [(g)](h) Nevada youth training center division.

      [(h)](i) Rehabilitation division.

      [(i)](j) Services to the blind division.

      [(j)](k) Welfare division.

      Sec. 16.2.  NRS 232.300 is hereby amended to read as follows:

      232.300  1.  The department of human resources is hereby created.

      2.  The department shall consist of a director and the following divisions:

      (a) Aging services division.

      (b) Child care services division.

      (c) Children’s home division.

      [(c)](d) Health division.

      [(d)](e) Mental hygiene and mental retardation division.

      [(e)](f) Nevada girls training center division.

      [(f)](g) Nevada youth training center division.

      [(g)](h) Rehabilitation division.

      [(h)](i) Welfare division.

      3.  The department shall act as the sole agency responsible for administering the provisions of law relating to its respective divisions.

      Sec. 16.4.  NRS 232.300 is hereby amended to read as follows:

      232.300  1.  The department of health, welfare and rehabilitation is hereby created.

      2.  The department shall consist of a director and the following divisions and agency:

      (a) Aging services division.

      (b) Alcoholism division.

      (c) Child care services division.

      (d) Health division.

      [(d)](e) Mental hygiene and mental retardation division.

      [(e)](f) Rehabilitation division.

      [(f)](g) Services to the blind division.

      [(g)](h) Welfare division.


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

ê1973 Statutes of Nevada, Page 1691 (Chapter 778, AB 816)ê

 

      [(h)](i) Youth services agency.

      Sec. 16.6.  NRS 232.300 is hereby amended to read as follows:

      232.300  1.  The department of human resources is hereby created.

      2.  The department shall consist of a director and the following divisions and agency:

      (a) Aging services division.

      (b) Child care services division.

      (c) Health division.

      [(c)](d) Mental hygiene and mental retardation division.

      [(d)](e) Rehabilitation division.

      [(e)](f) Welfare division.

      [(f)](g) Youth services agency.

      3.  The department shall act as the sole agency responsible for administering the provisions of law relating to its respective divisions.

      Sec. 17.  NRS 232.320 is hereby amended to read as follows:

      232.320  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions of the department. The chief of the aging services division shall be known as the administrator of the aging services division, the chief of the alcoholism division shall be known as the administrator of the alcoholism division, the chief of the child care services division shall be known as the administrator of the child care services division, the chief of the children’s home division shall be known as the superintendent of the Nevada state children’s home, the chief of the services to the blind division shall be known as the supervisor of services to the blind, the chief of the health division shall be known as the state health officer, the chief of the mental hygiene and mental retardation division shall be known as the administrator of the mental hygiene and mental retardation division, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division and the chief of the welfare division shall be known as the state welfare administrator.

      2.  Be responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427A, inclusive, and 430 to 433, inclusive, of NRS, NRS 435.130 to 435.320, inclusive, chapters 436, 439 to 447, inclusive, 449, 450, and 615 of NRS, sections 2 to 15, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions.

      3.  Have such other powers and duties as provided by law.

      Sec. 17.2.  NRS 232.320 is hereby amended to read as follows:

      232.320  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions of the department. The chief of the aging services division shall be known as the administrator of the aging services division, the chief of the child care services division shall be known as the administrator of the child care services division, the chief of the children’s home division shall be known as the superintendent of the Nevada state children’s home, the chief of the health division shall be known as the state health officer, the chief of the mental hygiene and mental retardation division shall be known as the administrator of the mental hygiene and mental retardation division, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division and the chief of the welfare division shall be known as the state welfare administrator.


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

ê1973 Statutes of Nevada, Page 1692 (Chapter 778, AB 816)ê

 

be known as the superintendent of the Nevada state children’s home, the chief of the health division shall be known as the state health officer, the chief of the mental hygiene and mental retardation division shall be known as the administrator of the mental hygiene and mental retardation division, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division and the chief of the welfare division shall be known as the state welfare administrator.

      2.  Be responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427A, inclusive, and 430 to 433, inclusive, of NRS, NRS 435.130 to 435.320, inclusive, chapters 436, 439 to 447, inclusive, 449, 450, 458 and 615 of NRS, sections 2 to 15, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions.

      3.  Have such other powers and duties as provided by law.

      Sec. 17.4.  NRS 232.320 is hereby amended to read as follows:

      232.320  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions and agencies of the department. The chief of the aging services division shall be known as the administrator of the aging services division, the chief of the alcoholism division shall be known as the administrator of the alcoholism division, the chief of the child care services division shall be known as the administrator of the child care services division, the chief of the services to the blind division shall be known as the supervisor of services to the blind, the chief of the health division shall be known as the state health officer, the chief of the mental hygiene and mental retardation division shall be known as the administrator of the mental hygiene and mental retardation division, the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division, the chief of the welfare division shall be known as the state welfare administrator, and the chief of the youth services agency shall be known as the administrator of the youth services agency.

      2.  Be responsible for the administration, through the divisions and agencies of the department, of the provisions of chapters 210, 422 to 427A, inclusive, and 430 to 433, inclusive, of NRS, NRS 435.130 to 435.320, inclusive, chapters 436, 439 to 447, inclusive, 449, 450, and 615 of NRS, sections 2 to 15, inclusive, of this act, and all other provisions of law relating to the functions of the divisions and agencies of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions or agencies.

      3.  Have such other powers and duties as provided by law.

      Sec. 17.6.  NRS 232.320 is hereby amended to read as follows:

      232.320  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions and agencies of the department.


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

ê1973 Statutes of Nevada, Page 1693 (Chapter 778, AB 816)ê

 

divisions and agencies of the department. The chief of the aging services division shall be known as the administrator of the aging services division, the chief of the child care services division shall be known as the administrator of the child care services division, the chief of the health division shall be known as the state health officer, the chief of the mental hygiene and mental retardation division shall be known as the administrator of the mental hygiene and mental retardation division, the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division, the chief of the welfare division shall be known as the state welfare administrator, and the chief of the youth services agency shall be known as the administrator of the youth services agency.

      2.  Be responsible for the administration, through the divisions and agencies of the department, of the provisions of chapters 210, 422 to 427A, inclusive, and 430 to 433, inclusive, of NRS, NRS 435.130 to 435.320, inclusive, chapters 436, 439 to 447, inclusive, 449, 450, 458 and 615 of NRS, sections 2 to 15, inclusive, of this act, and all other provisions of law relating to the functions of the divisions and agencies of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions or agencies.

      3.  Have such other powers and duties as provided by law.

      Sec. 18.  There is hereby appropriated from the general fund in the state treasury to the department of health, welfare and rehabilitation for the child care services division created by NRS 232.300 and sections 2 to 15, inclusive, of this act:

      1.  For the fiscal year 1973-74, the sum of $35,051.

      2.  For the fiscal year 1974-75, the sum of $35,051.

      Sec. 19.  1.  Sections 16 and 17 of this act shall become effective only if neither Senate Bill 590 nor Assembly Bill 405 of the 57th Nevada legislature becomes law.

      2.  Sections 16.2 and 17.2 of this act shall become effective only if Senate Bill 590 of the 57th Nevada legislature becomes law and Assembly Bill 405 of the 57th Nevada legislature does not become law.

      3.  Sections 16.4 and 17.4 of this act shall become effective only if Assembly Bill 405 of the 57th Nevada legislature becomes law and Senate Bill 590 of the 57th Nevada legislature does not become law.

      4.  Sections 16.6 and 17.6 of this act shall become effective only if both Senate Bill 590 and Assembly Bill 405 of the 57th Nevada legislature become law.

      Sec. 20.  This act shall become effective at 12:04 a.m. on July 1, 1973.

 

________


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

ê1973 Statutes of Nevada, Page 1694ê

 

CHAPTER 779, AB 750

Assembly Bill No. 750–Mr. Dreyer

CHAPTER 779

AN ACT to amend NRS 248.040, relating to deputy sheriffs, by removing the sheriff’s responsibility for deputies’ acts.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 248.040 is hereby amended to read as follows:

      248.040  1.  Except as provided in subsection 4, each sheriff [shall have power to] may appoint, in writing signed by him, one or more deputies, who [are empowered to] may perform all the duties devolving on the sheriff of the county.

      2.  No deputy sheriff [shall be] is qualified to act as such unless he has taken an oath to discharge the duties of the office faithfully and impartially.

The oath shall be certified on the back of his appointment and filed in the office of the county auditor.

      3.  Except as provided in subsection 4, the sheriff may remove his deputy or deputies at pleasure. The sheriff may [also] require of his deputies such bonds as to him shall seem proper.

      4.  The sheriff of a metropolitan police department may appoint one or more police officers who shall have the same powers and duties as deputy sheriffs. The appointment and removal of such police officers by the sheriff of a metropolitan police department shall be only in accordance with the provisions of the civil service system for such department.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 780, AB 689

Assembly Bill No. 689–Committee on Commerce

CHAPTER 780

AN ACT to amend NRS 612.350, relating to unemployment benefits, by reducing the amount deductible from the benefit on account of remuneration received by the recipient; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 612.350 is hereby amended to read as follows:

      612.350  1.  Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount if he has no dependents, or in an amount equal to his augmented weekly benefit amount if he has dependents, less [that part] 75 percent of the remuneration payable to him with respect to such week. [which is in excess of $5.]


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

ê1973 Statutes of Nevada, Page 1695 (Chapter 780, AB 689)ê

 

      2.  Such benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1.

      Sec. 2.  NRS 612.350 is hereby amended to read as follows:

      612.350  1.  Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount, less [that part] 75 percent of the remuneration payable to him with respect to such week. [which is in excess of $5.]

      2.  Such benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1.

      Sec. 3.  1.  Section 1 of this act shall not become effective if Senate Bill 157 of the 57th session of the Nevada legislature becomes law.

      2.  Section 2 of this act shall not become effective if Senate Bill 157 of the 57th session of the Nevada legislature does not become law.

      Sec. 4.  This act shall become effective at 12:02 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 781, AB 674

Assembly Bill No. 674–Committee on Commerce

CHAPTER 781

AN ACT relating to buildings; amending the provisions regulating the practice of architecture; expanding the jurisdiction of the state board of architecture; increasing the number of years of study or experience needed to apply for registration as an architect; increasing fees; providing penalties; revising requirements for participation of architects and engineers in the construction of public works; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 623 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires:

      1.  “Architect” means any person who engages in the practice of architecture.

      2.  “Board” means the Nevada state board of architecture.

      3.  “Certificate of registration” means the certificate of annual registration issued by the board.

      4.  “Designer” means any person who produces a sketch or outline showing the main features of a building plan which may be used in the construction of a completed building.

      5.  The “practice of architecture” consists of holding out to the public, and rendering, services embracing the scientific, esthetic and orderly coordination of all the processes which enter into the production of a completed building, performed through the medium of plans, specifications, supervision of construction, preliminary studies, consultations, evaluations, investigations, contract documents and advice and direction.

      Sec. 3.  1.  Subject to the limitations imposed by subsection 2, the board shall adopt and promulgate a code of ethics consistent with the constitution and laws of this state binding upon persons registered under the provisions of this chapter.


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

ê1973 Statutes of Nevada, Page 1696 (Chapter 781, AB 674)ê

 

constitution and laws of this state binding upon persons registered under the provisions of this chapter. Such code of ethics shall have as its only purpose the maintenance of a high standard of integrity, dignity and professional responsibility by members of the profession.

      2.  Prior to adoption of such code, a copy shall be sent to every resident licensed architect. Such architects may vote on each item in the proposed code. The board may adopt each item unless 25 percent or more of the resident licensed architects vote against such item.

      Sec. 4.  1.  In carrying out the provisions of this chapter the board may subpena the attendance of witnesses or the production of books, papers and documents.

      2.  Any member of the board may administer oaths and affirmations to witnesses appearing before the board.

      Sec. 5.  1.  If any person refuses to obey a subpena issued by the board, the board may present a petition to the district court of the county in which such person resides, setting forth the facts, and thereupon the court, in a proper case, shall issue its subpena to such person requiring his attendance before the court to testify or to produce books, papers and documents.

      2.  Any person failing or refusing to obey the subpena of a district court may be proceeded against in the same manner as for a refusal to obey any other order of the court.

      Sec. 6.  NRS 623.010 is hereby amended to read as follows:

      623.010  The purpose of this chapter is to safeguard life, health and property, and to promote the public welfare [.] by improving the quality of human environmental design.

      Sec. 7.  NRS 623.100 is hereby amended to read as follows:

      623.100  1.  The board shall appoint one of its members as chairman, who shall serve without additional pay, and one of its members as secretary and treasurer. The chairman and secretary shall each serve 1 year.

      2.  At any meeting 3 members shall constitute a quorum, but action shall not be deemed to have been taken upon any question unless there are at least 3 votes in accord.

      Sec. 8.  NRS 623.110 is hereby amended to read as follows:

      623.110  1.  Special meetings of the board shall be called by the secretary upon the written request of [3] three of its members, and by giving 10 days’ written notice of such meeting and the time and place that such meeting is to be held to each member of the board unless notice is waived by the members.

      2.  The board may, when deemed necessary by the chairman or secretary, and when a formal meeting is not practical, vote upon any specific issue by telephone or mail. If a vote is by telephone, each member who voted shall promptly mail a written confirmation of his vote to the secretary.

      Sec. 9.  NRS 623.180 is hereby amended to read as follows:

      623.180  1.  No person [shall] may practice architecture, or use the title of architect, in the State of Nevada without having a certificate issued to him under the provisions of this chapter.

      2.  Whenever the provisions and requirements for registration under the provisions of this chapter have been fully complied with and fulfilled by an applicant, the board shall issue to the successful applicant a certificate as a registered architect.


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

ê1973 Statutes of Nevada, Page 1697 (Chapter 781, AB 674)ê

 

by an applicant, the board shall issue to the successful applicant a certificate as a registered architect.

      3.  The certificate shall be synonymous with registration with a serial number and seal. Any person who is issued a certificate may practice architecture in this state, subject to the provisions of this chapter and the rules and regulations of the board.

      4.  The unauthorized use or display of a certificate of registration [shall be] is unlawful.

      Sec. 10.  NRS 623.185 is hereby amended to read as follows:

      623.185  1.  Upon being issued a certificate of registration, each registered architect shall obtain a seal of the design authorized by the board, bearing the architect’s name, the number of his certificate of registration, and the legend “Registered Architect.”

      2.  Plans, specifications, reports and other documents issued by a registered architect shall be [stamped with such seal.] signed and sealed on the title page by such architect.

      3.  It is unlawful for a person to stamp or seal any plans, specifications, reports or other documents with such seal after the certificate of registration of the architect, named therein, has expired or has been revoked, unless the certificate has been renewed or reissued.

      4.  [Any registered architect who has been issued a certificate of registration prior to March 30, 1959, shall, within 60 days after March 30, 1959, obtain a seal as required by the provisions of subsection 1.] It is unlawful for a registered architect to impress his seal on any plans, specifications or other instruments of service unless he was the author of such plans and specifications or responsible for their preparation.

      Sec. 11.  NRS 623.190 is hereby amended to read as follows:

      623.190  1.  [An applicant for registration as an architect shall:

      (a) Be at least 21 years of age.

      (b) Be of good moral character and reputation.

      (c) Have engaged actively for at least 7 years in architectural work of a character satisfactory to the board.

      2.  Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural school accredited by the National Architectural Accrediting Board, or approved by the state board of architecture, may be considered as equivalent to 1 year of active engagement in architectural work.

      3.  Upon completion of his formal education or upon reaching the 5-year experience level, an applicant may be allowed to take examinations in the following subjects:

      (a) History and theory;

      (b) Site planning;

      (c) Building construction and mechanics of materials; and

      (d) Structural design.] Any person who is at least 21 years of age, of good moral character and who has had at least 8 years of experience may apply to the board for registration under this section.

      2.  Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural school accredited by the National Architectural Accrediting Board, any school of architecture in the State of Nevada or any architectural school approved by the state board of architecture shall be considered as equivalent to 1 year of experience in architectural work.


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

ê1973 Statutes of Nevada, Page 1698 (Chapter 781, AB 674)ê

 

architecture shall be considered as equivalent to 1 year of experience in architectural work.

      3.  After reaching an 8-year experience level, an application may be made to the board for an examination.

      4.  The board shall, by regulations, establish standards for examinations which shall be consistent with standards employed by other states. The board may adopt the standards of the National Council of Architectural Registration Boards, and the board may also adopt the examination and grading procedure of such organization. Examinations shall include both oral and written tests in such technical and professional subjects as are prescribed by the board.

      Sec. 12.  NRS 623.210 is hereby amended to read as follows:

      623.210  The board may, in lieu of all examinations, accept satisfactory evidence of registration and certification as an architect in another state or country where the qualifications required are equal to those required in this chapter at the date of application. The board may require, as satisfactory evidence of such registration and certification, a certificate of the National Council of Architectural Registration Boards.

      Sec. 13.  NRS 623.270 is hereby amended to read as follows:

      623.270  The board may, by [three concurring votes, revoke any certificate of registration to practice architecture, issued or renewed under the provisions of this chapter,] majority vote, revoke or suspend a certificate of registration, or it may reprimand the holder of any certificate of registration issued pursuant to this chapter, if proof satisfactory to the board [be] is presented in any of the following cases:

      1.  In case it is shown that the certificate was obtained by fraud.

      2.  In case the holder of the certificate has been found guilty by the board or by a court of justice of any fraud or deceit in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude. [by a court of justice.]

      3.  In case the holder of the certificate has been found guilty by the board of [gross incompetency or gross negligence] repeated incompetency or negligence in the planning or construction of buildings.

      4.  In case the holder of the certificate has been found guilty by the board of [signing plans for the construction of a building as a registered architect where he is not the actual architect of such building.] sealing any documents pertaining to the construction of a building when he was not the actual architect of such building.

      5.  In case the board finds an intentional violation of any law, rule, regulation or rule of ethics pertaining to the practice of architecture.

      Sec. 14.  NRS 623.280 is hereby amended to read as follows:

      623.280  Proceedings for the revocation of a certificate of registration to practice architecture shall be preceded by a 30-day written notice of the charges filed with the board. The time and place for the hearing of the charges shall be fixed in the written notice served upon the accused person. [, through counsel or by publication.] At the hearing the accused shall have the right to be represented by counsel, to introduce evidence, and to examine and cross-examine witnesses. The board shall file a written report of its findings in the record of its proceedings and a copy of the report shall be sent to the accused.


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

ê1973 Statutes of Nevada, Page 1699 (Chapter 781, AB 674)ê

 

      Sec. 15.  NRS 623.290 is hereby amended to read as follows:

      623.290  In the event that the guilt of the accused is established in the opinion of the majority of the board, the secretary shall make proper entry in the record of its proceedings [and in the register declaring that the certificate of registration is revoked and] , stating the findings of the board and the penalty, if any. If the registration of an architect is suspended or revoked, notation of such penalty shall be entered in the register of architects. The secretary shall give notice in writing of such [revocation] decision and penalty to the holder of the certificate.

      Sec. 16.  NRS 623.310 is hereby amended to read as follows:

      623.310  [The following fees shall be paid to the board:] The board shall, by regulation, adopt a fee schedule which may not exceed the following:

 

For an examination for a certificate.................................................... [$35]     $75

For rewriting an examination or a part or parts failed......................... [25]       75

For a certificate of registration................................................................. [25]       50

For an annual renewal of a certificate [, not exceeding]..................... [25]       50

For the restoration of an expired certificate.......................................... [25]       50

For the restoration of a certificate which has been revoked......................      100

For writing a treatise................................................................................... [25]       50

 

      Sec. 17.  NRS 623.320 is hereby amended to read as follows:

      623.320  [1.]  If the applicant fails to pass a written examination, as provided in NRS 623.200, or any part thereof, he may retake the examination or the part or parts failed in a subsequent examination upon the payment of the fees, as provided in NRS 623.310.

      [2.  Any person who failed a written examination prior to July 1, 1963, shall not be required, in a subsequent examination, to retake such part or parts of the examination previously passed.]

      Sec. 18.  NRS 623.330 is hereby amended to read as follows:

      623.330  The following persons are exempt from the provisions of this chapter:

      1.  A person engaging in architectural work as an employee of a registered architect, [provided that] if the work does not include responsible charge of design or supervision, or a consultant retained by a registered architect.

      2.  A person practicing architecture as an officer or employee of the United States.

      3.  A professional engineer registered under the provisions of chapter 625 of NRS who designs buildings as permitted by chapter 625 of NRS.

      4.  A person who designs buildings and supervises the construction thereof for his own use.

      5.  A contractor licensed under the provisions of chapter 624 of NRS who provides his own drawings for his own construction activities.

      6.  A designer or draftsman who does not hold himself out to the public as an architect.

      Sec. 19.  NRS 623.360 is hereby amended to read as follows:

      623.360  1.  A person violating any provisions of this chapter [shall be sentenced for the first offense to pay a fine of not more than $200;] shall be punished by a fine of not more than $200 for the first offense and for a second or any subsequent offense shall be [sentenced to pay a fine of not more than $500.]


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

ê1973 Statutes of Nevada, Page 1700 (Chapter 781, AB 674)ê

 

be sentenced for the first offense to pay a fine of not more than $200;] shall be punished by a fine of not more than $200 for the first offense and for a second or any subsequent offense shall be [sentenced to pay a fine of not more than $500.] punished by a fine of $500.

      2.  Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this subsection shall be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking shall be required in any action commenced by the board.

      Sec. 20.  NRS 625.530 is hereby amended to read as follows:

      625.530  1.  It is unlawful for the State of Nevada or any of its political subdivision, such as a county, city or town, to engage in the construction of any public work requiring the practice of engineering, unless the plans, specifications and estimates have been prepared by, and the construction executed under the supervision of, a registered professional engineer or a duly license architect.

      2.  Nothing in this section shall be:

      (a) Held to apply to any public work wherein the expenditure for the complete project of which the work is a part does not exceed $15,000.

      (b) Deemed to include any maintenance work undertaken by the State of Nevada or its political subdivisions.

      (c) Deemed to authorize either a professional engineer or a licensed architect or a registered land surveyor to practice in violation of any of the provisions of chapter 623 of NRS or this chapter.

      (d) Held to require the services of an architect licensed under chapter 623 of NRS for the erection of buildings or structures manufactured in an industrial plant, if such buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.

      Sec. 21.  NRS 623.020, 623.030 and 623.040 are hereby repealed.

 

________

 

 

CHAPTER 782, AB 641

Assembly Bill No. 641–Messrs. Hickey, Vergiels, Mello, Barengo, Torvinen and May

CHAPTER 782

AN ACT relating to gaming; permitting gaming licensees and their officers, employees and agents to take into custody and detain persons suspected of committing felonies; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 171 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  As used in this section:

      (a) “Establishment” means any premises whereon any gaming is done or any premises owned or controlled by a licensee for the purpose of parking motor vehicles owned or operated by patrons of such licensee.


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

ê1973 Statutes of Nevada, Page 1701 (Chapter 782, AB 641)ê

 

      (b) “Licensee” has the meaning ascribed to it in NRS 463.0119.

      2.  Any licensee or his officers, employees or agents may take into custody and detain any person when:

      (a) Such person has committed a felony, whether or not in the presence of such licensee or his officers, employees or agents; or

      (b) A felony has been committed, and such licensee, his officers, employees or agents have reasonable cause to believe such person committed it.

      3.  Detention pursuant to this section shall be in the establishment, in a reasonable manner, for a reasonable length of time and solely for the purpose of notifying a peace officer. Such taking into custody and detention shall not render the licensee or his officers, employees or agents criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such taking into custody and detention are unreasonable under all the circumstances.

      4.  No licensee, or his officers, employees or agents are entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place in his establishment a notice in bold-face type clearly legible and in substantially this form:

 

       Any gaming licensee, or his officers, employees or agents who have reasonable cause to believe that any person has committed a felony may detain such person in the establishment for the purpose of notifying a peace officer.

 

________

 

 

CHAPTER 783, AB 598

Assembly Bill No. 598–Mrs. Gojack and Mr. Glover

CHAPTER 783

AN ACT to amend NRS 482.3667, relating to personalized prestige license plates, by permitting the issuance of such plates for trailers.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 482.3667 is hereby amended to read as follows:

      482.3667  1.  The department shall establish, design and otherwise prepare for issue personalized prestige license plates and shall establish all necessary procedures not inconsistent with this section for the application and issuance of such license plates.

      2.  The department shall issue personalized prestige license plates, upon payment of the prescribed fee, to any person who otherwise complies with the laws relating to the registration and licensing of motor vehicles or trailers for use on private passenger cars, [or] trucks having a rated capacity of 1 ton or less, [.] or trailers.

      3.  Personalized prestige license plates shall be valid for 12 months and are renewable upon expiration. These plates may be transferred from one vehicle or trailer to another if the transfer and registration fees are paid as set out in this chapter.


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

ê1973 Statutes of Nevada, Page 1702 (Chapter 783, AB 598)ê

 

paid as set out in this chapter. Any person transferring plates shall be allowed a 1/12 reduction in fees for each calendar month remaining unused from the previous registration, applicable to the fees which are for the registration year for which the plates are being transferred.

      4.  In case of any conflict, the person who first made application for personalized prestige license plates and has continuously renewed them by payment of the required fee shall have priority.

      5.  The department shall limit by regulation the number of letters and figures used, may by regulation prohibit the use of inappropriate letters or combinations, and shall not assign to any person not holding the relevant office any letters and figures denoting that the holder holds a public office.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 784, AB 477

Assembly Bill No. 477–Committee on Transportation

CHAPTER 784

AN ACT relating to motor vehicles pollution control; providing for promulgation of rules, regulations and standards; providing for vehicle inspection; providing for fees and enforcement by registration; providing a penalty; making an appropriation; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires:

      1.  “Authorized station” means a station licensed by the department of motor vehicles for inspecting motor vehicles and pollution control devices for compliance with this chapter or any applicable federal or commission regulation and for installing, repairing and adjusting pollution control devices and motor vehicles to meet the commission’s requirements.

      2.  “Commission” means the state environmental commission.

      3.  “Motor vehicle” means every self-propelled vehicle in, upon or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human or animal power or used exclusively on stationary rails.

      Sec. 3.  1.  The state environmental commission may by regulation prescribe standards for exhaust emissions, fuel evaporative emissions and visible smoke emissions from mobile internal combustion engines on the ground or in the air, including but not limited to aircraft, motor vehicles, snowmobiles and railroad locomotives.

      2.  Such regulations shall be uniform throughout the state.


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

ê1973 Statutes of Nevada, Page 1703 (Chapter 784, AB 477)ê

 

      Sec. 4.  1.  If the commission determines that it is feasible and practicable to implement a program of inspecting and testing motor vehicles and motor vehicle emission control systems, and if the implementation of such program is deemed necessary to achieve or maintain prescribed ambient air quality standards in areas of the state designated by the commission, the commission shall, in cooperation with the department of motor vehicles and any local air pollution control agency established under NRS 445.546 which has jurisdiction in a designated area, adopt such rules, regulations and transportation controls as may be necessary to implement such a program.

      2.  Such rules and regulations shall distinguish between light-duty and heavy-duty motor vehicles and may prescribe:

      (a) Appropriate criteria and procedures for the approval, installation and use of motor vehicle pollution control devices; and

      (b) Requirements for the proper maintenance of motor vehicle pollution control devices and motor vehicles.

      3.  Such rules and regulations shall establish:

      (a) Requirements by which the department of motor vehicles shall license authorized stations to inspect, repair, adjust and install motor vehicle pollution control devices, including criteria by which any person may become qualified to inspect, repair, adjust and install such devices.

      (b) Requirements by which the department of motor vehicles may license an owner of a fleet of three or more vehicles as an authorized station provided that such owner complies with the regulations of the commission. Such fleet owners shall only certify vehicles which constitute such fleet.

      4.  The commission shall consider, prior to promulgating any rule or regulation or establishing any criteria pursuant to subsection 2 of this section, the following:

      (a) The availability of devices adaptable to specific makes, models and years of motor vehicles.

      (b) The effectiveness of such devices for reducing the emission of each type of air pollutant under conditions in this state.

      (c) The capability of such devices for reducing any particular type or types of pollutants without significantly increasing the emission of any other type or types of pollutant.

      (d) The capacity of any manufacturer to produce and distribute the particular device in such quantities and at such times as will meet the estimated needs in Nevada.

      (e) The reasonableness of the retail cost of the device and the cost of its installation and maintenance over the life of the device and the motor vehicle.

      (f) The ease of determining whether any such installed device is functioning properly.

      Sec. 5.  1.  On and after February 1, 1974, subject to any applicable limitation of section 6 of this act or any regulation promulgated pursuant thereto, no used motor vehicle as defined in NRS 482.132 may be registered by a new owner in this state unless the application for registration is accompanied by a certificate of emission control compliance issued by any authorized station certifying that the vehicle is equipped with motor vehicle pollution control devices required by federal regulation or such other requirements as the commission may by regulation prescribe under the provisions of section 2 to 13, inclusive, of this act.


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

ê1973 Statutes of Nevada, Page 1704 (Chapter 784, AB 477)ê

 

vehicle pollution control devices required by federal regulation or such other requirements as the commission may by regulation prescribe under the provisions of section 2 to 13, inclusive, of this act.

      2.  Any used vehicle dealer, as defined in NRS 482.133, shall be responsible for providing all certificates of emission control compliance for vehicles to which such certificates apply for which a dealer’s report of sale is required under the provisions of NRS 482.424.

      Sec. 6.  The provisions of section 5 of this act do not apply to:

      1.  Transfer of registration or ownership between:

      (a) Husband and wife; or

      (b) Companies whose principal business is leasing of vehicles, if there is no change in the lessee or operator of such vehicle; or

      2.  Motor vehicles which are subject to prorated registration pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and which are not based in this state.

      Sec. 7.  In furtherance of the provisions of sections 2 to 13, inclusive, of this act, and the enforcement thereof, the department of health, welfare and rehabilitation shall consult with the department of motor vehicles and furnish them with technical information, including testing techniques, standards promulgated by the commission and instruction for emission control features and equipment.

      Sec. 8.  Registration branch offices of the department of motor vehicles and county tax assessor offices, acting as department agents in the collection of registration fees, shall not register a vehicle which is based in a county required by regulation to comply with sections 2 to 13, inclusive, of this act until evidence of compliance with sections 2 to 13, inclusive, of this act has been provided.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  1.  Any person may install a motor vehicle pollution control device, but no person who is not employed by an authorized station shall install a device for compensation. No such device shall be deemed to meet the requirements of sections 4 to 8, inclusive, of this act or rules or regulations of the commission or department unless it has been inspected in an authorized station and a certificate of compliance has been issued by such authorized station.

      2.  It is unlawful for any person, other than an inspector or installer in an authorized station, to sign or issue a certificate of compliance required by this act.

      Sec. 11.  The commission may provide for exemption from the provisions of sections 4 to 8, inclusive, of this act of designated classes of motor vehicles, including classes based upon the year of manufacture of motor vehicles.

      Sec. 12.  1.  In areas of the state where and at such times as a program of implementation is commenced pursuant to sections 4 to 8, inclusive, of this act, the following fees shall be paid to the department of motor vehicles and deposited in the state treasury:

 

      (a) For the issuance and annual renewal of license for an authorized station      ..................................................................................................................... $25.00;

      (b) For each set of 25 forms certifying emission control compliance..          50.00.


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

ê1973 Statutes of Nevada, Page 1705 (Chapter 784, AB 477)ê

 

      2.  All fees collected and deposited in the state treasury pursuant to subsection 1 of this section shall be held in trust as a credit to the department of motor vehicles to be withdrawn by that department as needed to implement sections 2 to 13, inclusive, of this act. Any moneys held in trust pursuant to this subsection, unused upon June 30, 1975, and upon June 30 of each second year thereafter, shall be credited to the state highway fund.

      3.  The department of motor vehicles may prescribe by regulation routine inspection fees at the prevailing shop labor rate, including maximum charges for such fees, and for the posting of such fees in a conspicuous place at the authorized station.

      Sec. 13.  1.  A violation of any provision of sections 2 to 13, inclusive, of this act relating to motor vehicles, or any rule or regulation promulgated pursuant thereto relating to motor vehicles, is a misdemeanor. The provisions of sections 2 to 13, inclusive, of this act, or any rule or regulation promulgated pursuant thereto, shall be enforced by any peace officer.

      2.  Satisfactory evidence that the motor vehicle or its equipment conforms to such provisions, rules or regulations, when supplied by the owner of such motor vehicle to the department of motor vehicles within 10 days after the issuance of a citation pursuant to subsection 1 may be accepted by the court as a complete or partial mitigation of the offense.

      Sec. 14.  Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      No person shall operate or leave standing on any highway any motor vehicle which is required by state or federal law to be equipped with a motor vehicle pollution control device unless such device is correctly installed and in operating condition. No person shall disconnect, alter or modify any such required device. The provisions of this section shall not apply to an alteration or modification found by the state environmental commission not to reduce the effectiveness of any required motor vehicle pollution control device.

      Sec. 15.  NRS 484.644 is hereby amended to read as follows:

      484.644  No person shall operate or leave standing on any highway any motor vehicle which is required by [federal regulation] state or federal law to be equipped with a motor vehicle pollution control device unless such device is correctly installed and in operating condition. No person shall disconnect, alter or modify any such required device. The provisions of this section shall not apply to an alteration or modification found by the state [commission of] environmental [protection] commission not to reduce the effectiveness of any required motor vehicle pollution control device.

      Sec. 16.  NRS 445.536 and 445.541 are hereby repealed.

      Sec. 17.  There is hereby appropriated from the state highway fund in the state treasury to the department of motor vehicles to be used by the registration division for implementing the provisions of sections 2 to 13, inclusive, of this act for the fiscal years 1973-74 and 1974-75 a sum up to $17,405 upon approval of the state environmental commission. The appropriation made by this section shall be available during both fiscal years at such times as the state environmental commission authorizes implementation of the provisions of sections 2 to 13, inclusive, of this act in any area in the state.


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

ê1973 Statutes of Nevada, Page 1706 (Chapter 784, AB 477)ê

 

implementation of the provisions of sections 2 to 13, inclusive, of this act in any area in the state.

      Sec. 18.  This act shall become effective at 12:04 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 785, AB 475

Assembly Bill No. 475–Messrs. Fry and Torvinen

CHAPTER 785

AN ACT relating to judicial districts; reorganizing certain judicial districts; creating a new judicial district; increasing the number of judges in the second judicial district; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 3.010 is hereby amended to read as follows:

      3.010  1.  The state is hereby divided into [eight] nine judicial districts, as follows:

      First judicial district.  [The counties of Douglas, Churchill,] The county of Storey [and Lyon,] and Carson City [,] shall constitute the first judicial district.

      Second judicial district.  The county of Washoe shall constitute the second judicial district.

      Third judicial district.  The counties of Eureka and Lander shall constitute the third judicial district.

      Fourth judicial district  The county of Elko shall constitute the fourth judicial district.

      Fifth judicial district.  The counties of Mineral, Esmeralda and Nye shall constitute the firth judicial district.

      Sixth judicial district.  The counties of Pershing and Humboldt shall constitute the sixth judicial district.

      Seventh judicial district.  The counties of White Pine and Lincoln shall constitute the seventh judicial district.

      Eighth judicial district.  The county of Clark shall constitute the eighth judicial district.

      Ninth judicial district.  The counties of Douglas, Churchill and Lyon shall constitute the ninth judicial district.

      2.  For each of the judicial districts, except the [first,] second and eighth judicial districts, there shall be one district judge. [For the first judicial district there shall be two district judges.] For the second judicial district there shall be six district judges [.] until January 1, 1974. On and after January 1, 1974, for the second judicial district there shall be seven district judges. For the eighth judicial district there shall be [nine district judges until July 1, 1972. On and after July 1, 1972, for the eighth judicial district there shall be] 10 district judges.

      3.  District judges shall be elected as provided in NRS 3.050. Whenever a vacancy shall occur in the office of any district judge it shall be filled as provided in NRS 3.080.


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

ê1973 Statutes of Nevada, Page 1707 (Chapter 785, AB 475)ê

 

      Sec. 2.  1.  Nothing in this act affects the validity of any action commenced or any pleading, record or paper filed in any judicial district reorganized pursuant to this act prior to January 6, 1975.

      2.  Notwithstanding NRS 3.180, all actions commenced prior to January 6, 1975, in any judicial district court in and for any county to be transferred to another judicial district pursuant to this act, and which remain unresolved by the court on that date shall be considered as having been commenced in the district court of the judicial district to which such county is to be transferred.

      Sec. 3.  The governor shall fill the vacancy in the office of district judge for the second judicial district created by section 1 of this act effective January 1, 1974.

      Sec. 4.  1.  For the purpose of nominating and electing at the general election of 1974 district judges in the judicial districts created or reorganized pursuant to this act, this act shall become effective on June 1, 1973.

      2.  For the purpose of filling the vacancy created by section 1 of this act in the second judicial district, this act shall become effective on January 1, 1974.

      3.  For all other purposes, this act shall become effective on January 6, 1975.

 

________

 

 

CHAPTER 786, AB 472

Assembly Bill No. 472–Mrs. Gojack, Messrs. Barengo, Smalley, Wittenberg, Crawford, Banner, Dini, Bremner, Hayes and Mrs. Ford

CHAPTER 786

AN ACT enacting the Nevada Water Pollution Control law; providing for powers and duties of the department of conservation and natural resources and the department of health, welfare and rehabilitation in water pollution control; providing for promulgation of water quality and waste discharge standards; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 69, inclusive, of this act.

      Sec. 2.  Sections 2 to 69, inclusive, of this act, shall be known and may be cited as the Nevada Water Pollution Control Law.

      Sec. 3.  1.  The legislature finds that pollution of water in this state:

      (a) Adversely affects public health and welfare;

      (b) Is harmful to wildlife, fish and other aquatic life; and

      (c) Impairs domestic, agricultural, industrial, recreational and other beneficial uses of water.

      2.  It is the public policy of this state and the purpose of sections 2 to 69, inclusive, of this act to:

      (a) Restore and maintain the chemical, physical and biological integrity of water within this state;


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

ê1973 Statutes of Nevada, Page 1708 (Chapter 786, AB 472)ê

 

      (b) Prevent, reduce and eliminate pollution;

      (c) Plan the development and use, including restoration, preservation and enhancement of land and water resources; and

      (d) Consult and otherwise cooperate with other states, state and interstate agencies and the Federal Government in carrying out these objectives.

      Sec. 4.  As used in sections 2 to 69, inclusive, of this act, unless the context otherwise requires, the terms defined in sections 5 to 19, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  “Commission” means the state environmental commission.

      Sec. 7.  “Department” means the department of health, welfare and rehabilitation.

      Sec. 8.  “Director” means the director of the department or his designee.

      Sec. 9.  “Discharge” means any addition of a pollutant or pollutants to water.

      Sec. 10.  “Effluent limitation” means any applicable state and federal water quality standard or limitation which imposes any restriction or prohibition on quantities, rates and concentrations of chemical, physical, biological and other constituents which are discharged from point sources into any waters of the state.

      Sec. 11.  “Interstate agency” means an agency of two or more states:

      1.  Established by or pursuant to an agreement or compact approved by the Congress of the United States; or

      2.  Having substantial powers or duties pertaining to the control of pollution of waters.

      Sec. 12.  “Municipality” means:

      1.  Any city, town, county, district, association or other public body created by or pursuant to the law of this state and having jurisdiction over disposal of sewage, industrial wastes or other wastes; or

      2.  An Indian tribe or an authorized Indian tribal organization.

      Sec. 13.  1.  “Person” means the state or any agency or institution thereof, any individual, partnership, firm, private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality or other political subdivision of this state, any interstate body or any other legal entity.

      2.  “Person” includes the United States, to the extent authorized by federal law.

      Sec. 14.  “Point source” means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.

      Sec. 15.  “Pollutant”:

      1.  Means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water;

 


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

ê1973 Statutes of Nevada, Page 1709 (Chapter 786, AB 472)ê

 

cellar dirt and industrial, municipal and agricultural waste discharged into water;

      2.  Does not mean water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well is used either for facilitating production or for disposal purposes and if the department determines that such injection or disposal will not result in the degradation of ground or surface water resources.

      Sec. 16.  “Pollution” means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

      Sec. 17.  “Treatment works” means:

      1.  Any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances;

      2.  Extensions, improvements, remodeling, additions, and alterations of any device or system mentioned in subsection 1;

      3.  Units essential to provide a reliable recycled supply such as standby treatment units and clear well facilities;

      4.  Any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; and

      5.  Any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including storm water runoff, industrial waste or waste in combined storm water and sanitary sewer systems.

      Sec. 18.  “Waters of the state” means all waters situated wholly or partly within or bordering upon this state, including but not limited to:

      1.  All streams, lakes, ponds, impounding reservoirs, marshes, water courses, waterways, wells, springs, irrigation systems and drainage systems; and

      2.  All bodies or accumulations of water, surface and underground, natural or artificial.

      Sec. 19.  “Water quality standard or limitation” means any applicable state and federal water quality standard or limitation, including but not limited to water quality criteria, water use classifications, implementation plans and compliance schedules, effluent standards and limitations, prohibitions, standards of performance and pretreatment standards.

      Sec. 20.  (Deleted by amendment.)

      Sec. 21.  (Deleted by amendment.)

      Sec. 22.  1.  Except as specifically provided in sections 48 to 52, inclusive, of this act, the commission shall:

      (a) Develop, propose, promulgate and amend from time to time, after notice and public hearing, rules and regulations implementing and furthering the provisions of sections 2 to 69, inclusive, of this act, including standards of water quality and waste discharge.

      (b) Advise, consult and cooperate with other agencies of the state, the Federal Government, other states, interstate agencies and other persons in furthering the provisions of sections 2 to 69, inclusive, of this act.

      2.  In promulgating regulations, water quality standards and effluent limitations pursuant to sections 2 to 39, inclusive, of this act, the commission shall recognize the historical irrigation practices in the respective river basins of this state, and the economy thereof, and their effects.


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ê1973 Statutes of Nevada, Page 1710 (Chapter 786, AB 472)ê

 

limitations pursuant to sections 2 to 39, inclusive, of this act, the commission shall recognize the historical irrigation practices in the respective river basins of this state, and the economy thereof, and their effects.

      3.  The commission may hold hearings, issue notices of hearings, issue subpenas requiring the attendance of witnesses and the production of evidence, administer oaths, and take testimony as it deems necessary to carry out the provisions of subsections 1 and 2 and for the purpose of reviewing water quality standards.

      Sec. 23.  1.  In adopting rules and regulations pursuant to section 22 of this act, and for its own procedures and for hearings held before it, the commission shall comply with the provisions of chapter 233B of NRS.

      2.  No rule or regulation may be adopted by the commission without a public hearing thereon.

      Sec. 24.  At least 30 days before each hearing required by section 23 of this act, notice of such hearing:

      1.  Shall be published at least once in a newspaper of general circulation in the area to which the standard, if adopted will apply; and

      2.  Shall be mailed to all persons who have requested the commission to notify them of such hearing or hearings.

      Sec. 25.  The department is:

      1.  Designated as the state water pollution control agency for this state for all purposes of federal water pollution control legislation except that the commission has the exclusive power to promulgate rules and regulations as provided in section 22 of this act; and

      2.  Authorized to take all action necessary and appropriate to secure all the benefits of any federal legislation provided in subsection 1.

      Sec. 26.  The director has the following powers and duties:

      1.  To perform any acts consistent with the requirements of sections 2 to 69, inclusive, of this act and the requirements of federal water pollution control legislation and conditions thereof relating to participation in and administration by this state of the National Pollutant Discharge Elimination System;

      2.  To administer and enforce the provisions of sections 2 to 69, inclusive, of this act, and all rules, regulations and standards promulgated by the commission, and all orders and permits promulgated or issued hereunder by the department;

      3.  To examine and approve or disapprove plans and specifications for the construction and operation by a political subdivision of new sewerage systems and treatment works and extensions, modifications of or additions to new or existing sewerage systems or treatment works;

      4.  To advise, consult and cooperate with other agencies of the state, the Federal Government, other states, interstate agencies and with other persons in furthering the purposes of sections 2 to 69, inclusive, of this act;

      5.  To qualify for, accept and administer loans and grants from the Federal Government and from other sources, public or private, for carrying out any functions under sections 2 to 69, inclusive, of this act;

      6.  To encourage, request, participate in or conduct studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;


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ê1973 Statutes of Nevada, Page 1711 (Chapter 786, AB 472)ê

 

      7.  To maintain and to require others to maintain records, monitoring devices and procedures for making inspections and obtaining samples necessary to prepare reports;

      8.  To collect and disseminate information to the public as the director deems advisable and necessary for the discharge of his duties under sections 2 to 69, inclusive, of this act;

      9.  To develop comprehensive plans and programs for preventing, reducing or eliminating pollution, with due regard to the improvements which are necessary to conserve such waters for the protection and propagation of fish and aquatic life, wildlife, recreational purposes, public water supply, agricultural, industrial and other purposes;

      10.  To certify all costs and expenditures for any facility, land, building, machinery, equipment, treatment works, sewerage or disposal systems which are acquired, constructed or installed in conformity with the purposes of sections 2 to 69, inclusive, of this act;

      11.  To hold hearings, to issue notices of hearings, to issue subpenas requiring the attendance of witnesses and the production of evidence, to administer oaths, and to take testimony as the director finds necessary to carry out the provisions of sections 2 to 69, inclusive, of this act;

      12.  To exercise all incidental powers necessary to carry out the purposes of sections 2 to 69, inclusive, of this act; and

      13.  To delegate any function or authority granted to him under sections 2 to 69, inclusive, of this act.

      Sec. 26.5.  1.  If the director receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by sections 2 to 69, inclusive, of this act, he is disqualified from taking action with respect to the permits or applications of such holders or applicants, but such disqualification shall not apply to his powers and duties with respect to other permits and applications for permits.

      2.  In the event the director is disqualified pursuant to subsection 1, the commission shall have authority to exercise the powers and duties of the director with respect to the permit or application for which the director is disqualified.

      3.  The disqualification provided in this section does not apply with respect to significant income received from the state or from any city, county or other public body which may be a holder of or an applicant for a permit required by sections 2 to 69, inclusive of this act.

      Sec. 27.  Except as authorized by a permit issued by the department under the provisions of sections 2 to 69, inclusive, of this act, and regulations promulgated under such sections by the commission, it is unlawful for any person to discharge from any point source any pollutant into any waters of the state or any treatment works.

      Sec. 28.  No permit may be issued which authorizes any discharge into any waters of the state:

      1.  Of any radiological, chemical or biological warfare agent or high-level radioactive waste;

      2.  Which would substantially impair anchorage and navigation in any waters of the state;


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ê1973 Statutes of Nevada, Page 1712 (Chapter 786, AB 472)ê

 

      3.  Which is inconsistent with an applicable areawide waste treatment management plan; or

      4.  Which the director determines is inconsistent with rules, regulations and guidelines promulgated by the commission pursuant to sections 2 to 69, inclusive, of this act, including those relating to water quality standards or limitations.

      Sec. 29.  The department may issue permits for fixed terms not to exceed 5 years. In compliance with such rules and regulations as the commission shall prescribe, the department may issue a new permit upon expiration of an existing permit if:

      1.  The permitholder is in compliance with or has substantially complied with all the terms, conditions, requirements and schedules of compliance of the expired permit;

      2.  The department has current information on the nature, contents and frequency of the permitholder’s discharge, either pursuant to the submission of new forms and applications or pursuant to monitoring records and reports submitted to the department by the permitholder; and

      3.  The discharge is consistent with applicable effluent standards and limitations, water quality standards and other legally applicable requirements set forth in sections 34 to 40, inclusive, of this act.

      Sec. 30.  1.  Each permit issued by the department shall apply and ensure compliance with the following factors whenever applicable to the discharge for which the permit is sought pursuant to the rules, regulations and guidelines promulgated by the commission:

      (a) Effluent limitations;

      (b) Standards of performance for new sources;

      (c) Effluent standards, effluent prohibitions and pretreatment standards; and

      (d) Any more stringent limitations, including any necessary to meet or implement water quality standards, treatment standards or schedules of compliance developed by the department as part of a continuing planning process or areawide waste treatment management plan under section 40 of this act, or in furthering the purposes and goals of sections 2 to 69, inclusive, of this act.

      2.  Each permit shall specify average and maximum daily or other appropriate quantitative limitations for the level of pollutants in the authorized discharge.

      Sec. 31.  The commission shall by regulation require that:

      1.  Notification be made and information supplied to the department from publicly owned treatment works of permitholders relating to new or increased introduction of pollutants into such works;

      2.  All permitholders whose production increases, or whose process modifications or facility expansion result in new or increased discharges report such changes by submitting a new application for a permit to the department.

Permits may be issued subject to the factors and conditions set forth in this section.

      Sec. 32.  1.  In accordance with a schedule of fees to be prescribed by the commission, the department shall charge each applicant a reasonable fee to defray the costs of processing an application for a permit.


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ê1973 Statutes of Nevada, Page 1713 (Chapter 786, AB 472)ê

 

the commission, the department shall charge each applicant a reasonable fee to defray the costs of processing an application for a permit.

      2.  Fees collected pursuant to subsection 1 shall be deposited in the water pollution control permit fund, which is hereby created in the state treasury and shall be used to aid in the administration of the permit program provided for in sections 2 to 69, inclusive, of this act.

      Sec. 33.  If any discharge does not comply with the provisions of sections 30 and 31 of this act, the department shall require the permitholder to take specific steps to comply therewith.

      Sec. 34.  Water quality standards shall be established by the commission:

      1.  To protect the public health or welfare;

      2.  To enhance the quality of water;

      3.  To increase the use and value of public water supplies;

      4.  To promote the propagation of fish and wildlife; and

      5.  To enhance recreational, agricultural, industrial, navigational and other beneficial uses.

      Sec. 35.  1.  Effluent limitations shall be established and enforced for point sources, including publicly owned treatment works, which require the application of the best practicable control economically achievable.

      2.  In the case of a discharge into a publicly owned treatment plant in existence on July 1, 1977, or federally approved prior to June 30, 1974, effluent limitations shall be established and enforced which comply with applicable pretreatment requirements or are based upon secondary treatment as federally defined.

      Sec. 36.  If more stringent limitations are needed, including those necessary to meet water quality standards, treatment standards or schedules of compliance established pursuant to the laws of this state or any other federal law or regulation, or are required to implement any applicable water quality standard established by the commission pursuant to sections 2 to 69, inclusive, of this act, such limitations shall be established and enforced.

      Sec. 37.  (Deleted by amendment.)

      Sec. 38.  (Deleted by amendment.)

      Sec. 39.  It is unlawful to discharge any radiological, chemical or biological warfare agent or high-level radioactive waste into any waters of the state.

      Sec. 40.  The department shall establish a continuing planning process consistent with all applicable federal requirements which results in plans for all waters of the state and includes:

      1.  Adequate effluent limitations and schedules of compliance;

      2.  The incorporation of all elements of any applicable areawide waste management plans and basin plans under sections 2 to 69, inclusive, of this act;

      3.  Total maximum daily load for pollutants;

      4.  Procedures for revision;

      5.  Adequate authority for intergovernmental cooperation;

      6.  Adequate implementation, including schedules of compliance, for revised or new water quality standards;


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ê1973 Statutes of Nevada, Page 1714 (Chapter 786, AB 472)ê

 

      7.  Controls over the disposition of all residual waste from any water treatment processing; and

      8.  An inventory and ranking, in order of priority, of needs for construction of waste treatment works required to meet applicable requirements.

      Sec. 41.  A person shall not begin the construction of any treatment works unless the location therefor has been approved by the department.

      Sec. 42.  1.  The department shall notify each interested person and appropriate governmental agency of each complete application for a permit, and shall provide such persons and agencies an opportunity to submit their written views and recommendations thereon.

      2.  Notification shall be in the manner provided in the rules and regulations promulgated by the commission pursuant to applicable federal law.

      Sec. 43.  The commission shall provide by rules and regulations:

      1.  An opportunity for each permit applicant, interested agency or any person to request a public hearing conducted by the director with respect to each permit application; and

      2.  For public notice of such hearing, at least 30 days prior to the date of such hearing.

The hearings shall be conducted according to the provisions of chapter 233B of NRS.

      Sec. 44.  Any permit issued under sections 29 to 32, inclusive, of this act may be revoked, modified or suspended in whole or in part during its term for cause including, but not limited to the following:

      1.  Violating any terms or conditions of the permit;

      2.  Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or

      3.  A change in conditions, or the existence of a condition, which requires either a temporary or permanent reduction or an elimination of the permitted activity.

Any such revocation, modification or suspension is effective no later than 30 days after the permitholder receives written notice, issued by the director, of the facts or conduct warranting such action.

      Sec. 45.  A party aggrieved may file notice of appeal with the commission within 10 days after the date of notice of action of the department, except as otherwise provided by law.

      Sec. 45.5.  1.  Within 20 days after receipt of the notice of appeal provided for in section 45 of this act, the commission shall hold a hearing.

      2.  Notice of the hearing shall be given to all affected parties no less than 5 days prior to the date set for the hearing.

      3.  The commission may sit en banc or in panels of three or more to conduct hearings.

      4.  The attendance of witnesses and the production of documents may be subpenaed by the commission at the request of any party. Witnesses shall receive the fees and mileage allowed witnesses in civil cases. Costs of subpenas shall be taxed against the requesting party.

      5.  All testimony shall be given under oath, and recorded verbatim by human or electronic means.


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ê1973 Statutes of Nevada, Page 1715 (Chapter 786, AB 472)ê

 

      6.  Costs of transcribing proceedings of the commission shall be taxed against the requesting party.

      Sec. 46.  1.  The department may issue a permit to the Nevada department of fish and game to poison trash fish.

      2.  The permit shall indicate the terms and conditions under which such poisoning may take place.

      Sec. 47.  1.  The director may grant, deny or waive, in compliance with regulations prescribed by the commission, certification of an applicant with respect to facilities or activities within the state for which a federal license or permit is required.

      2.  No action may be taken by the director until there has been public notice and an opportunity for a public hearing.

      Sec. 48.  The department may issue, pursuant to sections 49 to 51, inclusive, of this act, a written permit to an applicant for such person to discharge, deposit, generate or dispose of any radioactive, toxic or other waste underground in liquid or explosive form.

      Sec. 49.  1.  The department may include in any permit issued pursuant to section 48 of this act, such reasonable terms and conditions as are from time to time required for the purposes of sections 2 to 69, inclusive, of this act.

      2.  The terms or conditions which may be imposed include, without limitation:

      (a) Duration of use or operation;

      (b) Monitoring or reporting the volume of discharge or disposal;

      (c) Treatment of wastes.

      Sec. 50.  The permitholder shall, as a condition of receiving a permit, deposit with the state treasurer a bond, with or without surety as the department may in its discretion require, or other security to assure that the permitted activities will be conducted in compliance with the terms and conditions of the permit and that upon abandonment, cessation or interruption of the permitted activities or facilities, appropriate measures will be taken to protect the waters of the state.

      Sec. 51.  No permit issued pursuant to section 48 of this act relieves any person of any duty or liability to the state or to any other person existing or arising under any statute or under common law.

      Sec. 52.  1.  Any person who violates the provisions of sections 48 to 52, inclusive, of this act or the terms and conditions specified in a permit issued under sections 48 to 52, inclusive, of this act, is guilty of a gross misdemeanor.

      2.  Each day of violation is a separate offense.

      Sec. 53.  To enforce the provisions of sections 2 to 69, inclusive, of this act or any rule, regulation, order or permit issued thereunder, the director or authorized representative of the department may, upon presenting proper credentials:

      1.  Enter on or through any premises in which any act violating sections 2 to 69, inclusive, of this act originates or takes place or in which any required records are required to be maintained;

      2.  At reasonable times, have access to and copy any records required to be maintained;

      3.  Inspect any monitoring equipment or method; and


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ê1973 Statutes of Nevada, Page 1716 (Chapter 786, AB 472)ê

 

      4.  Have access to and sample any discharges of pollutants into state waters which result directly or indirectly from activities or operations of the owner or operator of the premises where the discharge of pollutants originates or takes place.

      Sec. 54.  The commission may by regulation, and the department may by order or permit, require the owner or operator of any source of a discharge of pollutants into waters of the state to:

      1.  Establish and maintain such records;

      2.  Make such reports;

      3.  Install, calibrate, use and maintain such monitoring equipment or methods, including where appropriate, biological monitoring methods;

      4.  Sample such discharges in accordance with such methods, at such locations, at such intervals and in such manner; and

      5.  Provide such other information relating to discharges of pollutants into waters of the state,

as the director prescribes or as in necessary to determine the existence, nature and frequency of any discharges of pollutants into such waters.

      Sec. 55.  1.  Any records, reports or information obtained under sections 2 to 69, inclusive, of this act shall be available to the public for inspection and copying unless, the director considers such record, report or information or part thereof as confidential on a satisfactory showing that the information contained therein, other than information describing the discharge of pollutants into the waters of the state, is entitled to protection as a trade secret of the informant.

      2.  Any such record, report or information accorded confidential treatment may be disclosed or transmitted to other officers, employees or authorized representatives of this state or the United States who:

      (a) Carry out the provisions of sections 2 to 69, inclusive, of this act; or

      (b) Deem such information relevant in any adversary administrative or court proceeding under sections 2 to 69, inclusive, of this act and such information is admissible under the rules of evidence.

      Sec. 56.  (Deleted by amendment.)

      Sec. 57.  The attorney general shall serve as legal counsel for the commission and the department and shall, at the request of the director, assist in the enforcement of the provisions of sections 2 to 69, inclusive, of this act.

      Sec. 58.  1.  Whenever the director finds that any person is engaged or is about to engage in any act or practice which violates any provision of sections 2 to 69, inclusive, of this act or any rule, regulation or standard promulgated by the commission or permit issued by the department under sections 2 to 69, inclusive, of this act, the director may:

      (a) Issue an order pursuant to section 60 of this act;

      (b) Commence a civil action pursuant to sections 61 or 62, of this act; or

      (c) Request the attorney general to institute by indictment or information a criminal prosecution pursuant to sections 63 or 64 of this act.

      2.  Such remedies and sanctions for the violation of sections 2 to 69, inclusive, of this act are cumulative and the institution of any proceeding or action seeking any one of such remedies or sanctions does not bar any simultaneous or subsequent action or proceeding seeking any other of such remedies or sanctions.


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ê1973 Statutes of Nevada, Page 1717 (Chapter 786, AB 472)ê

 

simultaneous or subsequent action or proceeding seeking any other of such remedies or sanctions.

      Sec. 59.  No remedy or sanction provided for in sections 2 to 69, inclusive, of this act impairs any right which the director or any person has under any statute or common law.

      Sec. 60.  1.  Whenever the director finds that any person is engaged or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of sections 2 to 69, inclusive, of this act, or of any rule, regulation or standard promulgated by the commission, or of any permit or order issued by the department under sections 2 to 69, inclusive, of this act, the director may issue an order:

      (a) Specifying the provision or provisions of sections 2 to 69, inclusive, of this act or the regulation or order alleged to be violated or about to be violated;

      (b) Indicating the facts alleged which constitute a violation thereof; and

      (c) Prescribing the necessary corrective action to be taken and a reasonable time for completing that corrective action.

      2.  Any compliance order is final and is not subject to review unless the person or persons against whom such order is issued, within 30 days after the date such order is served, request by written petition a hearing before the commission.

      Sec. 61.  1.  The director may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of sections 2 to 69, inclusive, of this act, or any permit, rule, regulation or order issued pursuant thereto.

      2.  On a showing by the director that a person is engaged, or is about to engage, in any act or any practice which violates or will violate any of the provisions of sections 2 to 69, inclusive, of this act or any rule, regulation, standard, permit or order issued thereunder, the court may issue, without bond such prohibitory and mandatory injunctions as the facts may warrant, including temporary restraining orders issued ex parte or, after notice and hearing, preliminary injunctions or permanent injunctions.

      3.  Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction.

      4.  The court may require the posting of a sufficient performance bond or other security to assure compliance with the court order within the time prescribed.

      Sec. 62.  1.  Any person who violates or aids or abets in the violation of any provision of sections 2 to 69, inclusive, of this act, or of any permit, rule, regulation, standard or final order issued thereunder, shall pay a civil penalty of not more than $10,000 for each day of such violation. The civil penalty imposed by this subsection is in addition to any other penalties provided pursuant to sections 2 to 69, inclusive, of this act.

      2.  In addition to the penalty provided in subsection 1, the department may recover from such person actual damages to the state resulting from the violation of sections 2 to 69, inclusive, of this act or any rule, regulation or standard promulgated by the commission, or permit or final order issued by the department.


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ê1973 Statutes of Nevada, Page 1718 (Chapter 786, AB 472)ê

 

      3.  Damages may include any expenses incurred in removing, correcting and terminating any adverse effects resulting from the discharge of pollutants and may also include compensation for any loss or destruction of wildlife, fish or aquatic life and any other actual damages caused by the violation.

      Sec. 63.  1.  Except as provided in section 64 of this act, any person who intentionally or with criminal negligence violates section 27 or 39 of this act, or any effluent limitation, standard of performance or toxic and pretreatment effluent limitation established pursuant to sections 35 and 36 of this act, or the terms or conditions of any permit issued under sections 29 to 33, inclusive, of this act, or any final order issued under section 60 of this act is guilty of a gross misdemeanor and shall be punished by a fine or not more than $25,000 for each violation or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.

      2.  If the conviction is for a second violation of the provisions indicated in subsection 1, such person is guilty of a felony and shall be punished by a fine of not more than $50,000 for each violation or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.

      3.  The penalties imposed by subsections 1 and 2 are in addition to any other penalties, civil or criminal, provided pursuant to sections 2 to 69, inclusive, of this act.

      Sec. 64.  1.  Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained by the provisions of sections 2 to 69, inclusive, of this act, or by any permit, rule, regulation or order issued pursuant thereto, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under the provisions of sections 2 to 69, inclusive, of this act, or by any permit, rule, regulation or order issued pursuant thereto, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $10,000 or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.

      2.  The penalty imposed by subsection 1 is in addition to any other penalties, civil or criminal, provided pursuant to sections 2 to 69, inclusive, of this act.

      Sec. 65.  Hearings initiated pursuant to sections 2 to 69, inclusive, of this act shall be held before the commission and comply with the provisions of such rules and regulations as the commission may prescribe.

      Sec. 66.  The department has the final authority in the administration of water pollution prevention, abatement and control. No other department or agency of the state and no municipal corporation, county or other political subdivision having jurisdiction over water pollution prevention, abatement and control may permit, under authority of such jurisdiction, the discharge of wastes into the waters of the state which would result in the pollution of any of such waters in excess of any water quality standard promulgated by the commission.

      Sec. 67.  Appeals before the commission shall be conducted pursuant to the provisions of chapter 233B of NRS.


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ê1973 Statutes of Nevada, Page 1719 (Chapter 786, AB 472)ê

 

      Sec. 68.  Nothing in sections 2 to 69, inclusive, of this act shall be construed to amend, modify or supersede the provisions of Title 48 of NRS or any rule, regulation or order promulgated or issued thereunder by the state engineer.

      Sec. 69.  All rules, regulations and standards promulgated by the state commission of environmental protection and the state board of health pertaining to water pollution control in force on July 1, 1973, shall remain in effect until such time as revised by the state environmental commission pursuant to sections 2 to 69, inclusive, of this act.

      Sec. 70.  NRS 232.090 is hereby amended to read as follows:

      232.090  The department shall consist of:

      1.  The division of water resources.

      2.  The division of state lands.

      3.  The division of forestry.

      4.  The division of oil and gas conservation.

      5.  The division of state parks.

      6.  The division of conservation districts.

      7.  The state environmental commission division.

      8.  Such other divisions as the director may in his discretion from time to time establish, to cooperate with the various committees, districts, associations and political subdivisions concerned with conservation and natural resources.

      Sec. 71.  NRS 445.451 is hereby amended to read as follows:

      445.451  1.  The state [commission of] environmental [protection] commission is hereby created [.] as a division of the state department of conservation and natural resources. The commission shall consist of:

      (a) [The chief of the bureau of environmental health of the health division of the department of health, welfare and rehabilitation.

      (b)] The director of the Nevada department of fish and game; [.]

      [(c) The state highway engineer.

      (d)](b) The state forester firewarden; [.]

      [(e)](c) The state engineer; [.]

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

      (g) The secretary-manager of the state planning board.

      (h)](d) The executive director of the state department of agriculture; [.]

      (e) A member of the state board of health to be designated by that board; and

      (f) Four members appointed by the governor who have a demonstrated knowledge and expertise.

      2.  All gubernatorial appointees shall serve at the pleasure of the governor.

      3.  The governor shall appoint the chairman of the commission [.] from among the nine members.

      [3.]4.  Six members of the commission shall constitute a quorum and a majority of those present must concur in any decision.

      [4.]5.  Each [of the members shall be] member is entitled to receive traveling expenses and subsistence allowances [in the amounts] as provided in NRS 281.160.


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ê1973 Statutes of Nevada, Page 1720 (Chapter 786, AB 472)ê

 

      6.  Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by sections 2 to 69, inclusive, of this act is disqualified from serving as a member of the commission. This subsection shall not apply to any person who may receive significant income from the state or from any city, county or other public body which may be a holder of or an applicant for a permit required by sections 2 to 69, inclusive, of this act.

      7.  Any vacancy created in the commission because of disqualification under subsection 6 shall be filled by appointment by the governor.

      [5.]8. [Technical support and staff shall be provided the commission by the] The department of health, welfare and rehabilitation shall provide technical advice, support and assistance to the commission. [and may be provided by all] All state officers, departments, commissions and agencies, including but not limited to, the department of highways, the state department of conservation and natural resources, the Nevada department of fish and game, the University of Nevada System, the state planning board, the department of motor vehicles, the public service commission of Nevada the state department of agriculture [.] may also provide technical advice, support and assistance to the commission.

      Sec. 71.5.  NRS 445.451 is hereby amended to read as follows:

      445.451  1.  The state [commission of] environmental [protection] commission is hereby created [.] as a division of the state department of conservation and natural resources. The commission shall consist of:

      (a) [The chief of the bureau of environmental health of the health division of the department of health, welfare and rehabilitation.

      (b)] The director of the Nevada department of fish and game; [.]

      [(c) The state highway engineer.

      (d)](b) The state forester firewarden; [.]

      [(e)](c) The state engineer; [.]

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

      (g) The secretary-manager of the state public works board.

      (h)](d) The executive director of the state department of agriculture; [.]

      (e) A member of the state board of health to be designated by that board; and

      (f) Four members appointed by the governor who have a demonstrated knowledge and expertise.

      2.  All gubernatorial appointees shall serve at the pleasure of the governor.

      3.  The governor shall appoint the chairman of the commission [.] from among the nine members.

      [3.]4.  Six members of the commission shall constitute a quorum and a majority of those present must concur in any decision.

      [4.]5.  Each [of the members shall be] member is entitled to receive traveling expenses and subsistence allowances [in the amounts] as provided in NRS 281.160.

      6.  Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by sections 2 to 69, inclusive, of this act is disqualified from serving as a member of the commission.


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

ê1973 Statutes of Nevada, Page 1721 (Chapter 786, AB 472)ê

 

received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by sections 2 to 69, inclusive, of this act is disqualified from serving as a member of the commission. This subsection shall not apply to any person who may receive significant income from the state or from any city, county or other public body which may be a holder of or an applicant for a permit required by sections 2 to 69, inclusive, of this act.

      7.  Any vacancy created in the commission because of disqualification under subsection 6 shall be filled by appointment by the governor.

      [5.]8. [Technical support and staff shall be provided the commission by the] The department of health, welfare and rehabilitation shall provide technical advice, support and assistance to the commission. [and may be provided by all] All state officers, departments, commissions and agencies, including but not limited to, the department of highways, the state department of conservation and natural resources, the Nevada department of fish and game, the University of Nevada System, the state public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture [.] may also provide technical advice, support and assistance to the commission.

      Sec. 72.  NRS 445.130, 445.135, 445.140, 445.145, 445.150, 445.155, 445.160, 445.165, 445.170, 445.175, 445.180, 445.185, 445.190, 445.195, 445.200, 445.205, 445.210, 445.215, 445.220, 445.225, 445.230, 445.235, 445.240, 445.245, 445.250, 445.255, 445.260, 445.265, 445.270, 445.275, 445.280, 445.285, 445.290, 445.295, 445.300, 445.305, 445.310, 445.315, 445.320, 445.325, 445.330, 445.335, 445.340, 445.345, 445.350, 445.355, 445.360, 445.365, 445.370, 445.375, 445.380 and 445.385 are hereby repealed.

      Sec. 73.  The terms of the following members of the state commission of environmental protection shall expire on July 1, 1973:

      1.  The chief of the bureau of environmental health of the health division of the department of health, welfare and rehabilitation.

      2.  The state highway engineer.

      3.  The director of the state department of conservation and natural resources.

      4.  The secretary-manager of the state planning board.

      Sec. 74.  The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is added or further amended by another act, if reference is made to the state environmental commission by its former name as the state commission of environmental protection, substitute the new name.

      Sec. 75.  1.  Section 71 of this act shall not become effective if Assembly Bill 601 of the 57th session of the Nevada legislature becomes law.

      2.  Section 71.5 of this act shall not become effective if Assembly Bill 601 of the 57th session of the Nevada legislature does not become law.

      Sec. 76.  This act shall become effective at 12:02 a.m. on July 1, 1973.

 

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ê1973 Statutes of Nevada, Page 1722ê

 

CHAPTER 787, SB 524

Senate Bill No. 524–Committee on Judiciary

CHAPTER 787

AN ACT relating to tort actions; providing for a system of comparative negligence in lieu of the defenses of contributory negligence; providing that multiple defendants shall be severally liable and damages shall be apportioned in accordance with negligence of each defendant; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  In any action to recover damages for injury to persons or property in which contributory negligence may be asserted as a defense, the contributory negligence of the plaintiff shall not bar a recovery if the negligence of the person seeking recovery was not greater than the negligence or gross negligence of the person or persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person seeking recovery.

      2.  In such cases, the judge may, and when requested by any party shall instruct the jury that:

      (a) The plaintiff may not recover if his contributory negligence has contributed more to the injury than the negligence of the defendant or the combined negligence of multiple defendants.

      (b) If the jury determines the plaintiff is entitled to recover, it shall return by general verdict the total amount of damages the plaintiff would be entitled to recover except for his contributory negligence.

      (c) If the jury determines that a party is entitled to recover, it shall return a special verdict indicating the percentage of negligence attributable to each party.

      (d) The percentage of negligence attributable to the person seeking recovery shall reduce the amount of such recovery by the proportionate amount of such negligence.

      3.  Where recovery is allowed against more than one defendant in such an action:

      (a) The defendants are severally liable to the plaintiff.

      (b) Each defendants’ liability shall be in proportion to his negligence as determined by the jury, or judge if there is no jury. The jury or judge shall apportion the recoverable damages among the defendants in accordance with the negligence determined.

 

________


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

ê1973 Statutes of Nevada, Page 1723ê

 

CHAPTER 788, AB 459

Assembly Bill No. 459–Committee on Judiciary

CHAPTER 788

AN ACT relating to justices of the peace; increasing the number allotted to certain townships; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 4.020 is hereby amended to read as follows:

      4.020  1.  [There shall be one justice’s court in each of the townships of the state having a population of less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, for which one justice of the peace shall be elected by the qualified electors of the township at the general state election in November 1974, and every 4 years thereafter.

      2.  There shall be one justice’s court in each of the townships of the state having a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, for which two justices of the peace shall be elected by the qualified electors of the township at the general state election to be held in November 1974, and at each state general election held every 4 years thereafter.

      3.]  There shall be one justice’s court in each of the townships of the state, for which there shall be elected by the qualified electors of the township at a general state election in November 1974, and every 4 years thereafter, the following number of justices of the peace according to the population of the township as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:

      (a) If the population is less than 60,000, one justice of the peace.

      (b) If the population is 60,000 or more, two justices of the peace.

      2.  The term of office of justices of the peace shall be 4 years beginning on the 1st Monday in January next succeeding their election.

      [4.]3.  Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.

      [5.]4.  The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the secretary of state the election or appointment and qualification of the justice of the peace. The certificate shall be filed in the office of the secretary of state as evidence of the official character of such officer.

      Sec. 2.  The board of county commissioners of each county in which there is a township of such size that its justice’s court is entitled to an additional justice of the peace under the provisions of this act may appoint a justice of the peace to fill such position until the 1st Monday of January 1975.

      Sec. 3.  Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1973. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1973 for the purposes of nomination and election of justices of the peace and for all other purposes on the 1st Monday of January 1975.


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

ê1973 Statutes of Nevada, Page 1724 (Chapter 788, AB 459)ê

 

July 1, 1973 for the purposes of nomination and election of justices of the peace and for all other purposes on the 1st Monday of January 1975.

 

________

 

 

CHAPTER 789, AB 450

Assembly Bill No. 450–Mrs. Gojack, Mr. Capurro, Mrs. Ford and Mr. Wittenberg

CHAPTER 789

AN ACT relating to subdivision deed restrictions; prohibiting the issuance of certain building permits without the written report of the construction committee; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless a different meaning clearly appears in the context:

      1.  “Construction committee” means a committee, homeowners group or other similarly constituted body empowered by deed restrictions to determine whether any construction, reconstruction, alteration or use of a building or other structure on a lot subject to such restrictions complies with the requirements of such restrictions.

      2.  “Deed restriction” means any recorded deed restriction, restrictive covenant or negative servitude governing the construction, reconstruction, alteration or use of any building or other structure on a lot in a subdivision of land created pursuant to this chapter.

      Sec. 3.  1.  Any deed restrictions in the unincorporated area of a county having a population of 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, recorded subsequent to July 1, 1973, may provide for the establishment and operation, under appropriate rules and procedures, of a construction committee.

      2.  As soon as a construction committee has been established and organized pursuant to the provisions of subsection 1, and no later than January 1 of each year thereafter, the officers of such committee shall file an affidavit with the building inspector having jurisdiction over the area within which the subdivision is situated, identifying the committee as the duly constituted construction committee empowered pursuant to recorded deed restrictions to determine compliance with such restrictions on lots in the subdivision. Such affidavit shall also set forth the names of the officers of such committee, including the address of a particular officer designated as the duly authorized representative of the committee for the purposes of sections 2 to 7, inclusive, of this act.

      Sec. 4.  1.  A copy of deed restrictions proposed for a subdivision in a county having a population of 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall be filed with the planning commission or governing body along with the tentative map pursuant to NRS 278.330.


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

ê1973 Statutes of Nevada, Page 1725 (Chapter 789, AB 450)ê

 

Census of the United States Department of Commerce, shall be filed with the planning commission or governing body along with the tentative map pursuant to NRS 278.330.

      2.  Upon final approval of the subdivision, a copy of such restrictions shall be:

      (a) Filed with the building inspector having jurisdiction over the area within which such subdivision is situated.

      (b) Presented to each prospective purchaser of real property within such subdivision.

      Sec. 5.  1.  Except as provided in subsection 3, the building inspector in a county having a population of 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall not issue any building permit for the construction, reconstruction, alteration or use of any building or other structure on a lot subject to deed restrictions unless he has received a written report thereon from the construction committee.

      2.  An application for a written report shall be made by certified mail addressed to the duly authorized representative of the construction committee. If the construction committee fails or refuses to submit its written report to the building inspector within 20 days from the date of its receipt of a written request therefor, the building inspector shall proceed as provided by law in cases where there is no functioning construction committee.

      3.  This section shall not apply if the cost of the construction, reconstruction, alteration or use specified in subsection 1 is $500 or less.

      Sec. 6.  If the construction committee required by section 3 of this act fails to be organized, is dissolved or becomes inactive:

      1.  The building inspector may issue an otherwise proper building permit for an improvement on property subject to deed restrictions.

      2.  An owner or owners of real property within a subdivision may lawfully undertake to prevent, or seek damages by reason of, a violation of deed restrictions pertaining to such subdivision.

      Sec. 7.  Sections 5 and 6 of this act apply to any subdivision created prior to July 1, 1973, all or a portion of the parcels of which are subject to deed restrictions providing for the establishment and operation of a construction committee.

 

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ê1973 Statutes of Nevada, Page 1726ê

 

CHAPTER 790, SB 288

Senate Bill No. 288–Committee on Federal, State and Local Governments

CHAPTER 790

AN ACT designated as the County Sewage and Waste Water Law; authorizing certain counties to collect, dispose of and treat sewage and waste water and acquire, improve, operate, maintain and dispose of facilities therefor, and to furnish services, to make contracts and to sell water and products pertaining to such undertakings; specifying powers, rights, privileges, immunities, duties, liabilities and limitations pertaining to the state and public entities thereof and prescribing other details in connection therewith; making provisions pertaining thereto and relating to finances, loans, securities, fees, special assessments and general and other taxes; providing for the funding, under a guarantee by the State of Nevada, under certain conditions of the disposal of liquid waste in certain areas of those counties affected and enabling certain counties to utilize certain recommended or alternative means of accomplishing such disposal; repealing chapter 616, Statutes of Nevada 1971; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 43, inclusive, of this act.

      Sec. 2.  Sections 2 to 43, inclusive, of this act may be cited as the County Sewage and Waste Water Law.

      Sec. 3.  Sections 2 to 43, inclusive, of this act shall apply to any county having a population of 200,000 or more according to the last national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 4.  It is hereby declared as a matter of legislative determination that:

      1.  It is essential to the maintenance of the public health and orderly local government that each county to which sections 2 to 43, inclusive, of this act pertain be empowered to become the master agency within its territory for the collection, disposal and treatment of sewage and waste water.

      2.  Granting to such counties the purposes, power, rights, privileges and immunities provided in sections 2 to 43, inclusive, of this act, will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the state.

      3.  The acquisition, improvement, equipment, maintenance and operation of any project herein authorized is in the public interest, is conducive to the public health, and constitutes a part of the established and permanent policy of the state.

      4.  The necessity for the County Sewage and Waste Water Law is a result of the large population growth and intense residential, commercial and industrial development in the incorporated and unincorporated areas and of the ensuing need for extensive coordinated sewage and waste water collection and treatment.

      5.  The legislature recognizes the duty of such counties as instruments of state government to meet adequately the needs for such facilities within their boundaries, in cooperation with the state, municipalities and districts within the county and in satisfaction of federal and state requirements and standards relating to pollution.


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

ê1973 Statutes of Nevada, Page 1727 (Chapter 790, SB 288)ê

 

      6.  The legislature approves the final written report of the Las Vegas Valley water district made pursuant to chapter 616, Statutes of Nevada 1971, and filed with the governor and the legislative commission on December 1, 1972, under the title, “Report to the Governor and the Legislative Commission, Pollution Abatement Project, Las Vegas Wash and Bay.”

      7.  The legislature finds that the course of action recommended in the report referred to in subsection 6 is a measure necessary for the protection and preservation of a natural resource of the state within the meaning of the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.

      8.  The legislature recognizes that there may be alternative solutions to the pollution abatement problem in the Las Vegas Wash-Lake Mead area. It is the intention of the legislature that those charged with the responsibility of correcting the problem be able to avail themselves of all assistance that may develop through advances in technology and changing circumstances and regulations, federal or state, that have an impact on the problem. In construing the powers, authorities and responsibilities conveyed by the legislature in sections 2 to 43, inclusive, of this act, the economic burden on the citizens of this state and the ultimate feasibility of the projects undertaken shall be carefully weighed in the light of the state of the art and the regulations governing the master agency at the time undertaken. Among the factors which will determine the ultimate resolution of the problem, the protection and the fullest beneficial use of the resource represented by the water shall be given top priority. The legislature finds that the alternative courses of action that may be developed to find satisfactory solutions are necessary for the preservation of this valuable natural resource of the state and are within the meaning of the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.

      9.  For the accomplishment of these purposes the provisions of sections 2 to 43, inclusive, of this act shall be broadly construed.

      10.  The notices herein provided are reasonably calculated to inform each interested person of his legally protected rights.

      11.  The rights and privileges herein granted comply in all respects with any requirement imposed by any constitutional provision.

      Sec. 5.  1.  Except as otherwise provided in sections 2 to 43, inclusive, of this act, the definitions provided in the Local Government Securities Law apply to sections 2 to 43, inclusive, of this act.

      2.  The definitions provided in sections 6 to 18, inclusive, of this act apply specifically to sections 2 to 43, inclusive, of this act.

      Sec. 6.  “Advisory committee” means the county sewage and waste water advisory committee.

      Sec. 7.  “Board,” when not otherwise qualified, means the board of county commissioners of the county.

      Sec. 8.  “Bond requirements” means the principal of, any prior redemption premiums due in connection with, and the interest on designated bonds or other securities.

      Sec. 9.  “County” means any county as described in section 3 of this act.


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

ê1973 Statutes of Nevada, Page 1728 (Chapter 790, SB 288)ê

 

      Sec. 10.  “County securities” means the securities authorized to be issued by sections 2 to 43, inclusive, of this act.

      Sec. 11.  “District” means the Las Vegas Valley water district or its legal successor.

      Sec. 12.  1.  “Facilities” means the facilities of the county or other designated public body used or suitable for use for the collection, disposal and treatment of sewage and waste water and consisting of all properties, real, personal, mixed or otherwise, acquired by the county or the public body, as the case may be, by one or more projects through purchase, condemnation (subject to the provisions of section 27 of this act), construction or otherwise, and used in connection with such purposes and related services or in any way pertaining thereto and situated within the county, whether within or without or both within and without the territorial limits of the public body.

      2.  “Facilities” also includes:

      (a) Those facilities for elimination of water pollution problems substantially of the type and scope described in the “Report to the Governor and the Legislative Commission, Pollution Abatement Project, Las Vegas Wash and Bay,” dated December 1, 1972, including without limitation all trunk sewers, conduits, pumps, pumping plants, storage facilities, treatment plants, water reclamation plants, outfalls, disposal facilities, electric substations, and related works to be constructed, installed and acquired for the purpose of collecting, transporting, treating, reclaiming and disposing of sewage effluents, waste water, industrial waste and other liquid pollutants.

      (b) Those facilities for the elimination of water pollution problems of the type and scope necessary to implement any alternative plan to that mentioned in paragraph (a).

      Sec. 13.  1.  “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereof,” “hereunder,” “herewith,” or any term of similar import, refers to sections 2 to 43, inclusive, of this act and not solely to the particular portion thereof in which such word is used.

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

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

      Sec. 14.  “Newspaper” means a newspaper printed at least once each calendar week.

      Sec. 15.  1.  “Project” means an undertaking pertaining to such part of the facilities of the county or designated public body as the board or governing body determines to acquire, improve or equip (or any combination thereof) and authorized at one time.

      2.  “Project” also includes the construction, installation and acquisition of the facilities by the state, acting through the district.

      Sec. 16.  1.  “Publication” or “publish” means three consecutive weekly publications in at least one newspaper having general circulation in the county, the first publication being at least 15 days prior to the designated time or event.

      2.  Any notice or other instrument published shall not necessarily be made on the same day of the week in each of the 3 weeks; but not less than 14 days, excluding the day of the first publication but including the day of the last publication, shall intervene between the first publication and the last publication.


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

ê1973 Statutes of Nevada, Page 1729 (Chapter 790, SB 288)ê

 

day of the last publication, shall intervene between the first publication and the last publication.

      3.  Publication shall be complete on the day of the last publication.

      4.  Any publication herein required shall be verified by the affidavit of the publisher and filed with the county clerk.

      Sec. 17.  “Service charges” means the fees, rates and other charges for the use of the facilities of the county or designated public body, or for any service rendered by the county or public body in the operation thereof, or otherwise, including without limitation any minimum fees, standby charges and charges for availability of service.

      Sec. 18.  “System” means the facilities of the county.

      Sec. 19.  If any officer of this state or of the Federal Government who is empowered by law to determine the existence of violations of water quality standards which have the force of state or federal law notifies the county or any public body within the county that such a standard is being violated by reason of inadequate or improper treatment of sewage or waste water by the county or public body, or has so notified the county or public body prior to the effective date of this act and the violation continues after the effective date of this act, the county shall eliminate such violation by the construction, other acquisition, improvement, equipment, operation, maintenance or repair of such facilities therefor as the board deems necessary or advisable, unless such public body, subject to the approval of the board, so eliminates such violation.

      Sec. 20.  1.  Within 30 days after the effective date of this act there shall be appointed a technical advisory committee to be designated as the county sewage and waste water advisory committee.

      2.  The advisory committee shall consist of two members appointed by the board, three members appointed by the governing body of each city in the county having a population of 65,000 or more, two members appointed by the governing body of each city in the county having a population of 30,000 or more but less than 65,000, one member appointed by the governing body of each city in the county having a population of 5,000 or more but less than 30,000, and one member appointed by the governing body of each water district, sanitation district or water and sanitation district in the county having within its boundaries a population of 15,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      3.  Each such appointeee shall be an employee of the municipality whose governing body is required to make such appointment and shall at the time of such employment be actively engaged in the operation or management of sewer or water facilities within such municipality, except the county prior to its operation of facilities.

      4.  Each such appointee shall serve without additional compensation or fidelity bond for his duties as a member of the advisory committee and shall remain a member until death or resignation or his termination as a member, with or without cause, by the governing body of the appointing municipality and its appointment of his successor. The governing body of an appointing municipality shall in any case terminate the membership on the advisory committee of any of its appointed members within a reasonable time after such member ceases to be employed by the municipality in sewer or water work and shall appoint a successor with such qualifications.


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

ê1973 Statutes of Nevada, Page 1730 (Chapter 790, SB 288)ê

 

the membership on the advisory committee of any of its appointed members within a reasonable time after such member ceases to be employed by the municipality in sewer or water work and shall appoint a successor with such qualifications.

      5.  The committee shall elect such officers from within its membership, fix such time and place of meetings, adopt such rules of procedure and keep such records all as in its sole discretion it shall determine to be consistent with the purposes of sections 2 to 43, inclusive, of this act.

      6.  No member of the advisory committee shall be interested in any contract or transaction with the county under consideration by the advisory committee except in his official representative capacity or in his capacity as a public officer or employee.

      7.  The advisory committee shall proceed immediately upon appointment and at all times thereafter diligently to inform itself as to all laws, matters and things which may be of significance in maintaining the quality of collection, disposal and treatment of sewage and waste water in the county and the consequent purity of water wtihin the county. The advisory committee shall also advise the board of conditions which in the judgment of the advisory committee require action by the board, and make recommendations in regard thereto.

      8.  It is the intent of sections 2 to 43, inclusive, of this act that the existence and activities of the advisory committee shall in no way diminish the responsibility of the board or the officers of the county in fulfilling the legislative declaration expressed in section 4 of this act and in performing its duties as the master agency of the county in such matters.

      Sec. 21.  1.  The county, acting through the board, may construct, otherwise acquire, improve, equip, relocate, repair, maintain and operate the facilities or any part thereof for the benefit of the county and its inhabitants, after the board has made such preliminary studies and otherwise taken such action as it determines to be necessary or desirable as preliminaries thereto.

      2.  When a comprehensive program for the acquisition of facilities for the county satisfactory to the board is available, such program shall be tentatively adopted. The program need only describe the proposed facilities in general terms and not in detail.

      3.  A public hearing on the proposed program shall be scheduled, and notice of the hearing shall be given by publication. After the hearing and any adjournments thereof which may be ordered, the board may either require changes to be made in the program as the board shall consider desirable, or the board may approve the program as prepared.

      4.  If any substantial changes to the comprehensive program are ordered at any time, in the original acquisition of the facilities or in any improvement thereto, or otherwise, a further hearing shall be held pursuant to notice which shall be given by publication.

      5.  Such a comprehensive program may consist of one project or of more than one project. A public hearing need not be held on each such project if it implements such a comprehensive program on which a public hearing has been held.

      Sec. 22.  1.  The county shall not acquire as a part of its facilities any properties which at the time of their acquisition compete in any area with then-existing facilities of a public body providing the same or a similar function or service therein without the consent of such public body, but the facilities of the county, without such consent, may complement such existing facilities of a public body by providing in such an area supplemental functions or services if such existing facilities provide inadequate functions or services.


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

ê1973 Statutes of Nevada, Page 1731 (Chapter 790, SB 288)ê

 

area with then-existing facilities of a public body providing the same or a similar function or service therein without the consent of such public body, but the facilities of the county, without such consent, may complement such existing facilities of a public body by providing in such an area supplemental functions or services if such existing facilities provide inadequate functions or services.

      2.  The county may acquire properties of any public body situate in the county as a project of the county or an interest therein.

      Sec. 23.  1.  Before the county constructs, otherwise, acquires, improves or equips any works or other real property for the facilities of the county except repairs, major renewals and major replacements, the county shall submit plans, specifications or other instruments or other documents pertaining thereto for the approval of such acquisitions, improvements and equipment to:

      (a) The health division of the department of human resources;

      (b) The county board of health; and

      (c) The county regional planning body.

      2.  Each such agency may require the county to submit additional information to the agency pertaining to any such request for such approval and may require reasonable modifications to such instruments or documents as a condition of the agency’s approval.

      3.  Upon the receipt of each agency’s approval in writing of such works or other property, the county may so construct, otherwise acquire, improve or equip such works or property in conformance with such approval.

      4.  The county board of health shall not require any modification with which the health division of the department of human resources does not concur.

      Sec. 24.  The county may also for the purpose of acquiring facilities:

      1.  Borrow money and issue county securities, without an election, unless a petition signed by 5 percent of the qualified electors in the county requests an election, evidencing any loan to or amount due by the county, provide for and secure the payment of any county securities and the rights of the holders thereof, and purchase, hold and dispose of county securities. If an election is required, it should be conducted in accordance with the provisions set forth in NRS 350.010 to 350.070, inclusive.

      2.  Fund or refund any loan or obligation of the county and issue funding or refunding securities to evidence such loan or obligation, as hereinafter provided, without an election.

      3.  Levy and cause to be collected taxes on and against all taxable property within the county as hereinafter provided, subject to the limitations provided in the Nevada constitution.

      4.  Fix, from time to time increase or decrease, collect and cause to be collected rates, fees and other service charges pertaining to the facilities of the county, including without limitation minimum charges and charges for availability of the facilities or services relating thereto; pledge such revenues for the payment of county securities, and enforce the collection of such revenues by civil action or by any other means provided by law.

      5.  Purchase, acquire by gift or otherwise acquire properties, including without limitation existing sewage or waste water systems or parts thereof or interests therein, of the Federal Government, the state, any public body or any person as a project of the county or so acquire an interest therein.


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

ê1973 Statutes of Nevada, Page 1732 (Chapter 790, SB 288)ê

 

without limitation existing sewage or waste water systems or parts thereof or interests therein, of the Federal Government, the state, any public body or any person as a project of the county or so acquire an interest therein. The county may acquire such properties subject to any mortgage, deed of trust or other lien on the acquired properties to secure the payment of any obligations pertaining thereto.

      6.  Accept contributions or loans from the Federal Government for the purpose of financing the planning, acquisition, improvement, equipment, maintenance and operation of any enterprise in which the county is authorized to engage, and enter into contracts, cooperate with and accept cooperation from, the Federal Government in the planning, acquisition, improvement, equipment, maintenance and operation, and in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise, including without limitation costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and do any and all things necessary in order to avail itself of such aid, assistance and cooperation.

      Sec. 25.  The county may in relation to the facilities:

      1.  Hire and retain officers, agents, employees, engineers and any other persons, permanent or temporary, necessary or desirable to effect the purposes hereof, defray any expenses incurred thereby in connection with its facilities, and acquire office space, equipment, services, supplies, fire and extended coverage insurance, use and occupancy insurance, workmen’s compensation insurance, property damage insurance, public liability insurance for the county and its officers, agents and employees, and other types of insurance, as the board may determine; but no provision herein authorizing the acquisition of insurance shall be construed as waiving any immunity of the county or any director, officer or agent otherwise existing under the laws of the state.

      2.  Pay or otherwise defray the cost of any project.

      3.  Pay or otherwise defray and contract so to pay or defray, for any term not exceeding 50 years, the principal of, any interest on, and any other charges pertaining to any securities or other obligations, outstanding or otherwise existing for a period of at least 2 years, of the Federal Government, the state, any public body or any person incurred in connection with any property thereof subsequently acquired therefrom by the county and relating to its facilities.

      4.  Establish, operate and maintain facilities within the county across or along any public street, highway, bridge, viaduct or other public right-of-way, or in, upon, under or over any vacant public lands, which public lands now are, or may become, the property of the state or a public body, without first obtaining a franchise from the state or the public body having jurisdiction over the same; but the county shall cooperate with the state and any public body having such jurisdiction, shall promptly restore any such street, highway, bridge, viaduct or other public right-of-way to its former state of usefulness as nearly as may be, and shall not use the same in such manner as permanently to impair completely or unnecessarily the usefulness thereof.


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

ê1973 Statutes of Nevada, Page 1733 (Chapter 790, SB 288)ê

 

      5.  Adopt, amend, repeal, enforce and otherwise administer such reasonable ordinances, resolutions, rules, regulations and orders as the county determines necessary or convenient for the operation, maintenance, management, government and use of the county’s facilities and any other like facilities under its control.

      6.  Adopt, amend, repeal, enforce and otherwise administer under the police power within the territorial limits of the county such reasonable ordinances, resolutions, rules, regulations and orders in relation to the collection, disposal or treatment of sewage and waste water after a public hearing thereon is held by the board, in connection with which any public body in the area involved or otherwise exercising powers affecting the functions and services therein of the county and persons of interest have an opportunity to be heard, after mailed notice of the hearing is given by the clerk to each such public body and after notice of such hearing is given by publication by the clerk to persons of interest, both known and unknown.

      7.  Provide that any violation of any ordinance adopted under subsections 5 and 6 shall be a misdemeanor.

      8.  Sell and otherwise dispose of any byproducts resulting from the operation of the facilities.

      Sec. 26.  The county may also in relation to the facilities:

      1.  Enter, without any election, into joint operating or service contracts and agreements, acquisition, improvement, equipment or disposal contracts or other arrangements, for any term not exceeding 50 years, with the Federal Government, the state or any public body concerning the facilities, and any project or property pertaining thereto, whether acquired by the county, by the Federal Government, by the state or by any public body, and may accept grants and contributions from the Federal Government, the state, any public body or any person.

      2.  Enter into and perform, without any election, when determined by the board to be in the public interest, contracts and agreements, for any term not exceeding 50 years, with the Federal Government, the state, any public body or any person for the provision and operation by the county of any property pertaining to such facilities of the county or any project relating thereto and the payment periodically thereby to the county of amounts at least sufficient, if any, in the determination of the board, to compensate the county for the cost of providing, operating and maintaining such facilities serving the Federal Government, the state, such public body or such person, or otherwise; but no such service contract shall be entered into with any such party who at such time is being lawfully served by another public body without the prior consent of such presently serving public body.

      3.  Enter into and perform, without any election, contracts and agreements with the Federal Government, the state, any public body or any person for or concerning the planning, construction, lease or other acquisition, improvement, equipment, operation, maintenance, disposal and the financing of any property pertaining to the facilities of the county or to any project of the county, including but not necessarily limited to any contract agreement for any term not exceeding 50 years.


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

ê1973 Statutes of Nevada, Page 1734 (Chapter 790, SB 288)ê

 

      4.  Cooperate with and act in conjunction with the Federal Government or any of its engineers, officers, boards, commissions or departments, or with the state or any of its engineers, officers, boards, commissions or departments, or with any public body or any person in the acquisition, improvement or equipment of any facilities or any project authorized for the county or for any other works, acts or purposes provided for herein, and adopt and carry out any definite plan, system or work for any such purpose.

      5.  Cooperate with the Federal Government, the state or any public body by an agreement therewith by which the county may:

      (a) Acquire and provide, without cost to the cooperating entity, the land, easements and rights-of-way necessary for the acquisition, improvement or equipment of any project.

      (b) Hold and save the cooperating entity harmless from any claim for damages arising from the acquisition, improvement, equipment, maintenance and operation of any facilities.

      (c) Maintain and operate any facilities in accordance with regulations prescribed by the cooperating entity.

      6.  Provide, by any contract for any term not exceeding 50 years, or otherwise, without an election:

      (a) For the joint use of personnel, equipment and facilities of the county, the Federal Government, the state or any public body, including without limitation public buildings constructed by or under the supervision of the board or the governing body of the other party or parties to the contract concerned, upon such terms and agreements and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the county, the Federal Government, the state, any such public body and any persons of interest.

      (b) For the joint employment of clerks, stenographers and other employees pertaining to the facilities or any project, now existing or hereafter established in the county, upon such terms and conditions as may be determined for the equitable apportionment of the resulting expenses.

      7.  In connection with any facilities of the county or any part thereof, acquired or proposed, or with any project, consult with the health division of the department of human resources, with the county board of health and with the county regional planning body and submit plans, specifications or other instruments or documents to each such governmental agency for its review, recommendations and other comments.

      Sec. 27.  The county may also:

      1.  Enter upon land, make surveys, borings, soundings and examinations for the purpose of the county, and locate the necessary works of any project and any roadways and other rights-of-way pertaining to any project herein authorized; acquire all property necessary or convenient for the acquisition, improvement or equipment of such works, including works constructed and being constructed by private owners, and all necessary appurtenances.

      2.  Acquire property by agreement, condemnation by the exercise of the power of eminent domain or otherwise, and in case any street, road, highway, railroad, canal, ditch or other property subject or devoted to public use and located within the county, whether within or without or both within and without the territorial limits of any public body, shall become subject to interference by reason of the construction or proposed construction of any works of the county, the right to interfere with such property, whether it be publicly or privately owned; except:

 


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

ê1973 Statutes of Nevada, Page 1735 (Chapter 790, SB 288)ê

 

highway, railroad, canal, ditch or other property subject or devoted to public use and located within the county, whether within or without or both within and without the territorial limits of any public body, shall become subject to interference by reason of the construction or proposed construction of any works of the county, the right to interfere with such property, whether it be publicly or privately owned; except:

      (a) If such right is acquired by condemnation proceedings and if the court finds that public necessity or convenience so require, the judgment may direct the county to relocate such street, road, highway, railroad, canal, ditch or other property in accordance with the plans prescribed by the court.

      (b) If, by such judgment or agreement, the county shall be required to relocate any such street, road, highway, railroad, canal, ditch or other property subject or devoted to public use, the board may acquire in the name of the county, by agreement or condemnation, all rights-of-way and other property necessary or proper for compliance with the agreement or judgment of condemnation, and thereafter make such conveyance of such relocated street, road, highway, railroad, canal, ditch or other property as may be proper to comply with the agreement or judgment.

      (c) No property, except for easements and rights-of-way, shall be acquired by condemnation if at the time of the proposed exercise of such power such property is utilized by a public body for the collection, disposal or treatment of sewage or waste water.

      3.  Carry on technical and other investigations of all kinds, make measurement, collect data, and make analyses, studies and inspections pertaining to the facilities and any project.

      4.  Make and keep records in connection with the facilities and any project or otherwise concerning the county.

      5.  Arbitrate any differences arising in connection with the facilities and any project or otherwise concerning the county.

      6.  Have the management, control and supervision of all business and affairs pertaining to the facilities and any project herein authorized, or otherwise concerning the county, and of the acquisition, improvement, equipment, operation, maintenance and disposal of any property pertaining to the facilities or any such project.

      7.  Enter into contracts of indemnity and guaranty, in such form as may be approved by the board, relating to or connected with the performance of any contract or agreement which the county is empowered to enter into.

      8.  Obtain financial statements, appraisals, economic feasibility reports and valuations of any type pertaining to the facilities or any project or any property relating thereto.

      9.  Adopt any ordinance or resolution authorizing a project or the issuance if county securities, or both.

      10.  Make and execute an indenture or other trust instrument pertaining to any county securities herein authorized, except as otherwise provided in sections 2 to 43, inclusive, of this act.

      11.  Make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted herein, or in the performance of the county’s covenants or duties, or in order to secure the payment of county securities.


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

ê1973 Statutes of Nevada, Page 1736 (Chapter 790, SB 288)ê

 

the performance of the county’s covenants or duties, or in order to secure the payment of county securities.

      12.  Have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent hereof.

      13.  Exercise all or any part or any combination of the powers herein granted.

      Sec. 28.  The governing body of any public body, upon its behalf and in its name, for the purpose of aiding and cooperating in any project herein authorized, upon the terms and with or without consideration and without an election, may:

      1.  Sell, lease, loan, donate, grant, convey, assign, transfer and otherwise dispose to the county any facilities or any other property, or any interest therein, pertaining to any project.

      2.  Make available to the county for temporary use or otherwise to dispose of any machinery, equipment, facilities and other property, and any agents, employees, persons with professional training, and any other persons, to effect the purposes hereof. Any such property and persons owned or in the employ of any public body while engaged in performing for the county any service, activity or undertaking herein authorized, pursuant to contract or otherwise, shall have and retain all of the powers, privileges, immunities, rights and duties of, and shall be deemed to be engaged in the service and employment of such public body, notwithstanding such service, activity or undertaking is being performed in or for the county.

      3.  Enter into any agreement or joint agreement between or among the Federal Government, the state, the county and any public bodies extending over any period not exceeding 50 years, which is mutually agreed thereby, notwithstanding any law to the contrary, respecting action or proceedings pertaining to any power therein granted, and the use or joint use of any facilities, project or other property herein authorized.

      4.  Sell, lease, loan, donate, grant, convey, assign, transfer or pay over to the county any facilities or any project herein authorized, or any part or parts thereof, or any interest in personal property or real property, or any funds available for acquisition, improvement or equipment purposes, including the proceeds of any securities previously or hereafter issued for acquisition, improvement or equipment purposes which may be used by the county in the acquisition, improvement, equipment, maintenance and operation of any facilities or project herein authorized.

      5.  Transfer, grant, convey or assign and set over to the county any contracts which may have been awarded by the public body for the acquisition, improvement or equipment of any project not begun or if begun, not completed.

      6.  Budget and appropriate, and each public body is hereby required and directed to budget and appropriate, from time to time, the proceeds of taxes, service charges and other revenues legally available therefor to pay all obligations, which may be either general obligations or special obligations, arising from the exercise of any powers herein granted as such obligations shall accrue and become due.


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

ê1973 Statutes of Nevada, Page 1737 (Chapter 790, SB 288)ê

 

      7.  Provide for an agency, by any agreement herein authorized, to administer or execute that or any collateral agreement, which agency may be one of the parties to the agreement, or a commission or board constituted pursuant to the agreement.

      8.  Provide that any such agency shall possess the common power specified in the agreement, and may exercise it in the manner or according to the method provided in the agreement. Such power is subject to the restrictions upon the manner of exercising the power of any one of the contracting parties, which party shall be designated by the agreement.

      9.  Continue any agreement herein authorized for a definite term not exceeding 50 years, or until rescinded or terminated, which agreement may provide for the method by which it may be rescinded or terminated by any party.

      Sec. 29.  All of the powers, privileges, immunities and rights, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen’s compensation and other benefits which apply to the activity of officers, agents or employees of the county or any public body when performing their respective functions within the territorial limits of the respective public agencies shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially hereunder.

      Sec. 30.  In addition to the other means for providing revenue to defray the costs of the activities and projects authorized by sections 2 to 43, inclusive, of this act and to meet general obligation bond requirements, the board shall have power and authority to levy and collect general (ad valorem) taxes on and against all taxable property within the county.

      Sec. 31.  1.  The county may fix, modify and collect or cause to be collected service charges for direct or indirect connection with, or the use or services of, the facilities of the county, including without limitation minimum charges and charges for the availability of the facilities or services relating thereto.

      2.  Such service charges may be charged to and collected in advance or otherwise by the county at any time or from time to time from the Federal Government, the state, any public body or any person owning real property within the county or from any occupant of such property which directly or indirectly is or has been or will be connected with the facilities of the county from which property originates or has originated rainfall, sewage, liquid wastes, solid wastes, night soil or industrial wastes, which have entered or may enter such facilities, or to which is made available untreated water, potable water or water in any other state, as the case may be, and such owner or occupant of any such real property shall be liable for and shall pay such service charges to the county at the time when and place where such service charges are due and payable.

      3.  Such service charges of the county may accrue from any date on which the board reasonably estimates in any ordinance authorizing the issuance of any securities or other instrument pertaining thereto or in any contract with the Federal Government, the state, any public body or any person that the facilities or the properties of any project relating thereto will be available for service or use.


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

ê1973 Statutes of Nevada, Page 1738 (Chapter 790, SB 288)ê

 

or any person that the facilities or the properties of any project relating thereto will be available for service or use.

      Sec. 32.  The legislature has determined and does hereby declare that the obligations arising from time to time of the state or any public body to pay service charges fixed in connection with the county’s facilities shall constitute general obligations of the state or the public body charged with their payment; but as such obligations accrue for current services and benefits from and use of such facilities, the obligations shall not constitute an indebtedness of the state or the public body within the meaning of any constitutional, charter or statutory limitation or other provision restricting the incurrence of any debt.

      Sec. 33.  1.  The county may enforce the collection of service charges made thereby to any public body which fails to pay such charges within 90 days after they become due and payable, in addition to any other remedy fixed by contract or otherwise, by an action in the nature of a writ of mandamus or other action in any court of competent jurisdiction to compel the levy without limitation as to rate or amount, except for the limitation in section 2 of article 10 of the Nevada constitution, by the governing body of the public body and the collection of taxes on and against all taxable property therein sufficient in amount to pay such delinquent charges, together with penalties for delinquencies, court costs, reasonable attorney’s fees and other cost of collection.

      2.  The governing body of the public body may so levy such taxes sufficient for the payment of such charges as they become due and payable. The governing body may also apply for that purpose any other funds that may be in the treasury of the public body and legally available therefor, whether derived from any service charges imposed by the public body for the use of or otherwise in connection with its sewer system, or from any other source.

      3.  Upon such payments being made, the levy or levies of taxes for the payment of the service charges so imposed by the county may thereupon to that extent be diminished.

      4.  Except to the extent specified in subsection 3, each such public body shall annually levy taxes as provided in subsection 1 sufficient in amount to pay such service charges of the county promptly as they become due and payable.

      Sec. 34.  1.  The board, on behalf of and in the name of the State of Nevada, may:

      (a) Acquire, hold, operate, maintain, and improve the facilities defined in paragraphs (a) and (b) of subsection 2 of section 12 of this act;

      (b) Acquire, hold, operate, maintain, improve and dispose of properties pertaining to the facilities defined in paragraphs (a) and (b) of subsection 2 of section 12 of this act, including without limitation water and water rights, for the benefit and welfare of the people of this state;

      (c) Acquire the facilities defined in paragraphs (a) and (b) of subsection 2 of section 12 of this act, wholly or in part directly by construction contract or otherwise, or indirectly by contract with the Federal Government, or any combination thereof, as the district may from time to time determine;


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

ê1973 Statutes of Nevada, Page 1739 (Chapter 790, SB 288)ê

 

      (d) Borrow money and otherwise become obligated in a total principal amount of not more than $65,000,000 to defray wholly or in part the cost of acquiring the facilities defined in paragraphs (a) and (b) of subsection 2 of section 12 of this act, and issue state securities to evidence such obligations.

      2.  The power to issue securities under this section in a total principal amount of not more than $65,000,000 under paragraph (d) of subsection 1 shall decrease to the extent that the Federal Government, pursuant to the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500) or any other law, appropriates funds by grant to pay all or any portion of the costs of the project, but such power to issue securities shall not be decreased because of any moneys due under such contract from the state to the Federal Government in the nature of interest charges to compensate it for moneys advanced by it until their repayment by the state. The power to issue securities shall not become effective unless the amount of money available from the Federal Government equals at least 50 percent of the overall project cost. If identifiable phases of projects or alternate projects to create the facilities defined in paragraphs (a) and (b) of subsection 2 of section 12 of this act become feasible, the funding for such phases may be deemed authorized to the extent that Federal Government moneys are available to cover at least 50 percent of the cost to be incurred.

      3.  No project or phase of a project for the creation of facilities defined in paragraphs (a) and (b) of subsection 2 of section 12 of this act may be authorized for funding until such funding is approved by the governor and by the legislative commission of the legislature.

      4.  The advisory committee may recommend to the board the implementation of design, engineering, specification development or pilot plant studies for the furtherance of any project or phase of a project to accomplish the development of the facilities defined in paragraphs (a) and (b) of subsection 2 of section 12 of this act. The implementation of such recommendations may be authorized by the board with the approval of the governor and the legislative commission of the legislature.

      Sec. 35.  Subject to the provisions of sections 2 to 43, inclusive, of this act herein, for any facilities as defined in paragraphs (a) and (b) of subsection 2 of section 12 of this act, any interest therein, or any project herein authorized, the board, as it may determine from time to time, may:

      1.  On the behalf and in the name of the county, levy assessments, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other county securities, and in connection with such facilities, interest therein, or project, the board may otherwise proceed as provided in the County Improvements Law and Local Government Securities Law, as from time to time amended.

      2.  Issue bonds or other securities in the name of and on behalf of the State of Nevada in accordance with the provisions of the State Securities Law.

      Sec. 36.  Although the board is empowered on behalf of the state to issue general obligation securities under this act, the board shall assess the costs of the project against the users thereof through sewer service charges collected by or on behalf of the board at such times and in such amounts as will enable the state to pay in timely manner all principal of and interest on any state securities issued, sold and delivered to pay for all or any portion of the project and to make such payments, if any, as it is required to make to the Federal Government or any agency thereof, pursuant to any contract by which the Federal Government made a loan to the state for payment of any of the costs of the project.


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

ê1973 Statutes of Nevada, Page 1740 (Chapter 790, SB 288)ê

 

the costs of the project against the users thereof through sewer service charges collected by or on behalf of the board at such times and in such amounts as will enable the state to pay in timely manner all principal of and interest on any state securities issued, sold and delivered to pay for all or any portion of the project and to make such payments, if any, as it is required to make to the Federal Government or any agency thereof, pursuant to any contract by which the Federal Government made a loan to the state for payment of any of the costs of the project. This section constitutes full and complete authority for the board to levy, collect and enforce such sewer service charges in such manner and in such amounts as the board determines appropriate from time to time.

      Sec. 37.  1.  The payment of county securities or any other obligations of the county shall not be secured by an encumbrance, mortgage or other pledge of property of the county, except for its pledged revenues, proceeds of taxes, proceeds of assessments, and any other moneys pledged for the payment of the securities or such other obligations.

      2.  No property of the county, except as provided in subsection 5 of section 24 and in subsection 1 of this section, shall be liable to be forfeited or taken in payment of any county securities or other obligations of the county.

      Sec. 38.  No recourse shall be had for the payment of the principal of, any interest on, or any prior redemption premiums due in connection with any bonds or other county securities or other obligations of the county evidenced by any other contract or for any claim based thereon or otherwise upon the ordinance or resolution authorizing the issuance of such securities or the incurrence of such other obligations or other instrument pertaining thereto, against any individual director or any officer or other agent of the county, past, present or future, either directly or indirectly through the board or the county, or otherwise, whether by virtue of any constitution or statute, or by the endorsement of any penalty or otherwise, all such liability, if any, being by the acceptance of the securities and as a part of the consideration of their issuance or by the making of any other contract specially waived and released.

      Sec. 39.  The faith of the state is hereby pledged that sections 2 to 43, inclusive, of this act, any law supplemental or otherwise pertaining thereto, and any other act concerning the bonds or other county securities, taxes, assessments or the pledged revenues, or any combination of such securities, such taxes, such assessments and such revenues, shall not be repealed nor amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding county securities, until all such securities have been discharged in full or provision for their payment and redemption has been fully made, including without limitation from the known minimum yield from the investment or reinvestment of moneys pledged therefor in federal securities.

      Sec. 40.  Any contract, except a construction contract, entered into pursuant to the provisions of section 34 for facilities as defined in paragraphs (a) and (b) of subsection 2 of section 12 of this act is not binding upon the state until executed or otherwise approved by the governor, including without limitation the execution of securities by the governor in the manner and as otherwise provided in the State Securities Law.


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

ê1973 Statutes of Nevada, Page 1741 (Chapter 790, SB 288)ê

 

      Sec. 41.  The officers of the county are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this act.

      Sec. 42.  1.  Sections 2 to 43, inclusive, of this act, without reference to other statutes of the state, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted, including without limitation the granting of contractual powers to the county and the other public bodies and the financing of any project herein authorized wholly or in part and the issuance of county securities to evidence such loans.

      2.  No other act or law with regard to the making of contracts, the authorization or issuance of securities, other than the provisions of NRS 350.001 to 350.006, inclusive, or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      3.  The provisions of no other law, either general, special or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and neither the state nor any public body may perform any of the acts herein authorized to be done, except as herein otherwise provided.

      4.  No notice, consent or approval by the state or any public body or officer thereof shall be required as a prerequisite to the sale or issuance of any county securities or the making of any contract or the exercise of any other power hereunder except as herein provided.

      5.  The powers conferred by sections 2 to 43, inclusive, of this act are in addition to and supplemental to, and the limitations imposed by such sections do not affect the powers conferred by any other law, general or special; and securities may be issued under such sections without regard to the procedure required by any other such law except as otherwise provided in such sections or in the State Securities Law. Insofar as the provisions of such sections are inconsistent with the provisions of any other law, general or special, the provisions of those sections are controlling.

      6.  No provision contained in sections 2 to 43, inclusive, of this act shall repeal of affect any other law or part thereof, it being intended that sections 2 to 43, inclusive, of this act shall provide a separate method of accomplishing its objectives and not an exclusive one.

      Sec. 43.  If the board determines that an alternative method of creating the facilities defined in paragraphs (a) and (b) of subsection 2 of section 12 of this act is desirable, the board shall develop such alternate plan within 1 year from the effective date of this act. The board shall notify the governor and the interim finance committee of the legislature of such determination within 60 days of the effective date of this act. The board shall report to the governor and the interim finance committee on the progress of the development of any alternate plan on a periodic basis at least once every 3 months until the final alternate project plan is developed.

      Sec. 44.  1.  Chapter 616, Statutes of Nevada 1971, at pages 1389 to 1391, inclusive, entitled “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, is hereby repealed.


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

ê1973 Statutes of Nevada, Page 1742 (Chapter 790, SB 288)ê

 

to 1391, inclusive, entitled “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, is hereby repealed.

      2.  Clark County shall succeed to all of the powers, rights, privileges, immunities, duties, liabilities and limitations of the Las Vegas Valley water district arising under or pertaining to chapter 616, Statutes of Nevada 1971, including without limitation all reports, written solutions, recommendations and other documents pertaining to water pollution in the Lake Mead-Las Vegas Wash area of Clark County and any grants-in-aid, other moneys, facilities and other properties pertaining thereto.

      Sec. 45.  If any provision of this act or the application thereof to any person, thing or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

 

________

 

 

CHAPTER 791, SB 262

Senate Bill No. 262–Committee on Judiciary

CHAPTER 791

AN ACT relating to electronic surveillance; providing procedures for the electronic interception of communications; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 22, inclusive, of this act.

      Sec. 2.  As used in sections 3 to 22, inclusive, of this act except where the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in such sections.

      Sec. 3.  “Aggrieved person” means a person who was a party to any intercepted wire or oral communication or a person against whom the interception was directed.

      Sec. 4.  “Contents” when used with respect to any wire or oral communication includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication.

      Sec. 4.5.  “Electronic, mechanical, or other device” means any device or apparatus which can be used to intercept a wire or oral communication other than:

      1.  Any telephone or telegraph instrument, equipment or facility, or any component thereof:


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ê1973 Statutes of Nevada, Page 1743 (Chapter 791, SB 262)ê

 

      (a) Furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or

      (b) Being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties.

      2.  A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

      Sec. 5.  “Intercept” means the aural acquisition of the contents of any wire or oral communication through the use of any electronic, mechanical or other device or of any sending or receiving equipment.

      Sec. 6.  “Investigative or law enforcement officer” means any officer of the state or a political subdivision thereof who is empowered by the law of this state to conduct investigations of or to make arrests for felonies, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses.

      Sec. 7.  “Oral communication” means any verbal message uttered by a person exhibiting an expectation that such communication is not subject to interception, under circumstances justifying such expectation.

      Sec. 8.  “Person” means any official, employee or agent of the United States or any state or political subdivision thereof, and any individual, partnership, association, joint-stock company, trust or corporation.

      Sec. 9.  “State” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession of the United States.

      Sec. 10.  “Wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of intrastate, interstate or foreign communications.

      Sec. 11.  1.  The attorney general or the district attorney of any county may apply to a supreme court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire or oral communications, and such judge may, in accordance with sections 13 to 22, inclusive, of this act, grant an order authorizing the interception of wire or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when such interception may provide evidence of the commission of murder, kidnaping, robbery, extortion, bribery, destruction of public property by explosives, or the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS.

      2.  A good faith reliance by a public utility on a court order shall constitute a complete defense to any civil or criminal action brought under sections 2 to 22, inclusive, of this act.

      Sec. 12.  1.  Any investigative or law enforcement officer who, by any means authorized by sections 2 to 22, inclusive, of this act or 18 U.S.C. §§ 2510 to 2520, inclusive, has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer or use such contents to the extent that such disclosure or use is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.


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ê1973 Statutes of Nevada, Page 1744 (Chapter 791, SB 262)ê

 

any wire or oral communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer or use such contents to the extent that such disclosure or use is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

      2.  Any person who has received, by any means authorized by sections 2 to 22, inclusive, of this act or 18 U.S.C. §§ 2510 to 2520, inclusive, or by a statute of any other state, any information concerning a wire or oral communication, or evidence derived therefrom intercepted in accordance with the provisions of sections 2 to 22, inclusive, of this act, may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court or before any grand jury in this state, or in any court of the United States or of any state, or in any federal or state grand jury proceeding.

      3.  An otherwise privileged wire or oral communication intercepted in accordance with, or in violation of, the provisions of sections 2 to 22, inclusive, of this act or 18 U.S.C. §§ 2510 to 2520, inclusive, does not lose its privileged character.

      4.  When an investigative or law enforcement officer engaged in intercepting wire or oral communications as authorized by sections 2 to 22, inclusive, of this act, intercepts wire or oral communications relating to offenses other than those specified in the order provided for in section 11 of this act, the contents of such communications and the evidence derived therefrom may be disclosed or used as provided in subsection 1. The direct evidence derived from such communications shall be inadmissible in a criminal proceeding, but any other evidence obtained as a result of knowledge obtained from such communications may be disclosed or used as provided in subsection 2 when authorized or approved by a supreme court justice or district court judge who finds upon application made as soon as practicable that the contents of such communications were intercepted in accordance with the provisions of sections 2 to 22, inclusive, of this act or 18 U.S.C. §§ 2510 to 2520, inclusive.

      Sec. 13.  1.  Each application for an order authorizing the interception of a wire or oral communication shall be made in writing upon oath or affirmation to a supreme court justice or district court judge and shall state the applicant’s authority to make such application. Each application shall include the following information:

      (a) The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application.

      (b) A full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including:

             (1) Details as to the particular offense that is being, has been or is about to be committed.

             (2) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, the facilities to be used and the means by which such interception is to be made.

             (3) A particular description of the type or communications sought to be intercepted.


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ê1973 Statutes of Nevada, Page 1745 (Chapter 791, SB 262)ê

 

             (4) The identity of the person, if known, who is committing, has committed or is about to commit an offense and whose communications are to be intercepted.

      (c) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.

      (d) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter.

      (e) A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application made to any judge for authorization to intercept wire or oral communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application.

      (f) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

      2.  The judge may require the applicant to furnish additional testimony or documentary evidence under oath or affirmation in support of the application. Oral testimony shall be reduced to writing.

      3.  Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire or oral communications within the territorial jurisdiction of the court in which the judge is sitting, if the judge determines on the basis of the facts submitted by the applicant that:

      (a) There is probable cause for belief that an individual is committing, has committed or is about to commit an offense for which interception is authorized by section 11 of this act.

      (b) There is probable cause for belief that particular communications concerning that offense will be obtained through such interception.

      (c) Normal investigate procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or appear to be too dangerous.

      (d) There is probable cause for belief that the facilities from which, or the place where, the wire or oral communications are to be intercepted are being used or are about to be used by such person in connection with the commission of such offense or are leased to, listed in the name of, or commonly used by such person.

      Sec. 14.  1.  Each order authorizing the interception of any wire or oral communication shall specify:

      (a) The identity of the person, if known, whose communications are to be intercepted.

      (b) The nature and location of the place where or communication facilities to which authority to intercept is granted, the facilities to be used and the means by which such interceptions shall be made.

      (c) A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates.


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ê1973 Statutes of Nevada, Page 1746 (Chapter 791, SB 262)ê

 

      (d) The identity of the agency authorized to intercept the communications, and of the person authorizing the application.

      (e) The period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.

      2.  An order authorizing the interception of a wire or oral communication shall, upon request of the applicant, direct that a communication common carrier, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such carrier, landlord, custodian, or person is according the person whose communications are to be intercepted. Any communication common carrier, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant at the prevailing rates.

      3.  No order entered under this section may authorize the interception of any wire or oral communication for any period longer than is necessary to achieve the objective of the authorization, and in no event longer than 30 days. Extensions of an order may be granted, but only upon application for an extension made in accordance with the procedures provided in section 13 of this act. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than 30 days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this statute, and shall terminate upon attainment of the authorized objective, or in any event in 30 days.

      Sec. 15.  Whenever an order authorizing interception is entered pursuant to sections 2 to 22, inclusive, of this act the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require.

      Sec. 16.  The contents of any wire or oral communication intercepted by any means authorized by sections 2 to 22, inclusive, of this act, shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire or oral communication under this section shall be done in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his directions. Custody of the recordings shall be placed with whomever the judge directs. They shall not be destroyed except upon an order of the judge issuing such order and in any event shall be kept for 10 years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsection 1 of section 12 of this act for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, is a prerequisite for the use or disclosure of the contents of any wire or oral communication or evidence derived therefrom under subsection 2 of section 12 of this act.


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ê1973 Statutes of Nevada, Page 1747 (Chapter 791, SB 262)ê

 

of any wire or oral communication or evidence derived therefrom under subsection 2 of section 12 of this act.

      Sec. 17.  1.  Applications made and orders granted under this statute shall be sealed by the judge. Custody of the applications and orders shall be placed with whomever the judge orders. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of a court of competent jurisdiction and shall not be destroyed except on order of the judge who issued or denied the order, and in any event shall be kept for 10 years.

      2.  Any violation of the provisions of this section may be punished as contempt of court.

      Sec. 18.  1.  Within a reasonable time but not later than 90 days after the termination of the period of an order or any extension thereof, the judge who issued the order shall cause to be served on the persons named in the order and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of:

      (a) The fact of the entry and a copy of the order.

      (b) The fact that during the period wire or oral communications were or were not intercepted.

      2.  The judge, upon the filing of a motion, may in his discretion make available to such person or his counsel such portions of the intercepted communications and the application as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a district court judge, the serving of the inventory required by this section may be postponed for such time as the judge may provide.

      Sec. 19.  The contents of any intercepted wire or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court of this state unless each party, not less than 10 days before the trial, hearing or proceeding, has been furnished with a copy of the court order and accompanying application under which the interception was authorized and a transcript of any communications intercepted. Such 10-day period may be waived by the judge if he finds that it was not possible to furnish the party with such information 10 days before the trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving such information.

      Sec. 20.  1.  Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency or other authority of this state, or a political subdivision thereof, may move to suppress the contents of any intercepted wire or oral communication, or evidence derived therefrom, on the grounds that:

      (a) The communication was unlawfully intercepted;

      (b) The order of authorization under which it was intercepted is insufficient on its face; or

      (c) The interception was not made in conformity with the order of authorization.

      (d) The period of the order and any extension had expired.

      2.  Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion.


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ê1973 Statutes of Nevada, Page 1748 (Chapter 791, SB 262)ê

 

not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of sections 2 to 22, inclusive, of this act. The judge, upon the filing of such motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interest of justice.

      Sec. 21.  In addition to any other right to appeal the state may appeal from an order granting a motion to suppress made under section 20 of this act if the attorney general or district attorney certifies to the judge or other official granting such motion that the appeal is not taken for purposes of delay. Such appeal shall be taken within 30 days after the date the order of suppression was entered and shall be diligently prosecuted as in the case of other interlocutory appeals or under such rules as the supreme court may adopt.

      Sec. 22.  In January of each year, the attorney general and the district attorney of each county shall report to:

      1.  The Administrative Office of the United States Courts the information required to be reported pursuant to 18 U.S.C. § 2519.

      2.  The public service commission of Nevada the number of applications for orders authorizing the interception of wire or oral communications and the number of orders and extensions granted and denied during the preceding calendar year.

      Sec. 23.  NRS 200.620 is hereby amended to read as follows:

      200.620  1.  Except as otherwise provided in [NRS 200.660, no person shall] sections 2 to 22, inclusive, of this act, it is unlawful for any person to intercept or attempt to intercept any wire [or radio] communication unless [such] :

      (a) Such interception or attempted interception [is authorized by both the sender and receiver.] is made with the prior consent of one of the parties to the communication; and

      (b) An emergency situation exists wherein it is impractical to obtain a court order as required by sections 2 to 22, inclusive, of this act prior to the interception, in which event the interception shall be subject to the ratification requirements of subsection 3. If the application for ratification is denied, any use or disclosure of the information so intercepted is unlawful, and the person who made the interception shall notify the sender and the receiver of the communication that such communication was intercepted and that, upon application to the court, ratification of such interception was denied.

      2.  This section shall not apply to any person, or to the officers, employees or agents of any person, engaged in the business of providing service and facilities for such communication where the interception or attempted interception is for the purpose of construction, maintenance, conduct or operation of the service or facilities of such person.

      3.  Any person who has made an interception in an emergency situation as provided in paragraph (b) of subsection 1 shall, within 72 hours of the interception, make written application to a supreme court justice or district court judge for ratification of such interception.


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ê1973 Statutes of Nevada, Page 1749 (Chapter 791, SB 262)ê

 

district court judge for ratification of such interception. The interception shall not be ratified unless the applicant shows:

      (a) That an emergency situation existed wherein it was impractical to obtain a court order prior to the interception; and

      (b) That, except for the absence of a court order, the interception met the requirements of sections 2 to 22, inclusive, of this act.

      Sec. 24.  NRS 200.630 is hereby amended to read as follows:

      200.630  1.  Except as otherwise provided in [NRS 200.660 to 200.680, inclusive,] sections 2 to 22, inclusive, of this act, no person shall disclose the existence, contents, substance, purport, effect or meaning of any wire or radio communication to any person unless authorized to do so by either the sender or receiver.

      2.  This section shall not apply to any person, or the officers, employees or agents of any person, engaged in furnishing service or facilities for such communication where such disclosure is made:

      (a) For the purpose of construction, maintenance, conduct or operation of the service or facilities of such person; or

      (b) To the intended receiver, his agent or attorney; or

      (c) In response to a subpena issued by a court of competent jurisdiction; or

      (d) On written demand of other lawful authority.

      Sec. 25.  NRS 200.640 is hereby amended to read as follows:

      200.640  Except as otherwise provided in [NRS 200.660 to 200.680, inclusive,] sections 2 to 22, inclusive, of this act, no person shall make any connection, either physically or by induction, with the wire or radio communication facilities of any person engaged in the business of providing service and facilities for such communication unless such connection is also authorized by the person providing such service and facilities.

      Sec. 26.  NRS 200.650 is hereby amended to read as follows:

      200.650  Except as otherwise provided in [NRS 200.660 to 200.680, inclusive,] sections 2 to 22, inclusive, of this act, no person shall intrude upon the privacy of other persons by surreptitiously listening to, monitoring or recording, or attempting to listen to, monitor or record, by means of any mechanical, electronic or other listening device, any private conversation engaged in by such other persons, or disclose the existence, contents, substance, purport, effect or meaning of any such conversation so listened to, monitored or recorded, unless authorized to do so by one of the persons engaging in the conversation.

      Sec. 27.  NRS 200.690 is hereby amended to read as follows:

      200.690  1.  Any person who willfully and knowingly violates NRS 200.620, 200.630, 200.640 [,] or 200.650: [or 200.670 is guilty of a gross misdemeanor.]

      (a) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (b) Is liable to a person whose wire or oral communication is intercepted without his consent for:

             (I) Actual damages or liquidated damages of $100 per day of violation but not less than $1,000, whichever is greater;


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ê1973 Statutes of Nevada, Page 1750 (Chapter 791, SB 262)ê

 

             (II) Punitive damages; and

             (III) His costs reasonably incurred in the action, including a reasonable attorney’s fee,

all of which may be recovered by civil action.

      2.  A good faith reliance by a public utility on a written request for interception by one party to a conversation shall be a complete defense to any civil or criminal action brought against the public utility on account of such interception.

      Sec. 28.  NRS 704.285 is hereby amended to read as follows:

      704.285  1.  [Whenever an order is issued pursuant to NRS 200.660 identifying a public utility subject to the provisions of this section, the attorney general or district attorney shall transmit a copy of such order to the commission.

      2.]  The commission, upon its own information or knowledge or upon a complaint by any person, firm, partnership or corporation that any public utility is acting in violation of the provisions of NRS 200.610 to 200.690, inclusive, or sections 2 to 22, inclusive, of this act, or is knowingly allowing another person to violate such provisions, shall proceed without notice to make an investigation of such information or complaint.

      [3.]2.  If, after such investigation, the commission determines that there is probable cause to believe that the utility is acting in violation of the provisions of NRS 200.610 to 200.690, inclusive, or sections 2 to 22, inclusive, of this act, or allowing another to act in violation of such provisions, the commission shall forthwith issue a cease and desist order to such utility. The order shall become permanent unless the utility, within 20 days after receipt thereof, files a written request for a hearing with the commission.

      [4.]3.  When a written request for a hearing is filed pursuant to subsection [3,] 2, the commission shall conduct the hearing pursuant to the provisions of NRS 704.450 to 704.520, inclusive.

      [5.]4.  If, as a result of such a hearing, it is determined that the utility is acting in violation of the provisions of NRS 200.610 to 200.690, inclusive, or sections 2 to 22, inclusive, of this act, or allowing another to act in violation of such provisions, the commission shall issue a permanent cease and desist order and notify the district attorney of the county where the violation occurred of such determination.

      [6.]5.  This section is applicable whether or not the utility involved is required to have a certificate of public convenience and necessity from the commission.

      Sec. 29.  NRS 704.691 is hereby amended to read as follows:

      704.691  1.  Every public utility furnishing telephone service in this state shall provide any lawful assistance requested by any sheriff or his deputy, or chief of police or policeman, in tracing any person who uses obscene language, representations or suggestions in addressing any person by telephone, or addresses to such person any threat to inflict injury to the person or property to the person addressed, when such request is made in writing to such public utility.

      2.  Good faith reliance by the public utility on such request shall constitute a complete defense to any civil or criminal suit against the public utility on account of assistance rendered by such utility in responding to such request.


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ê1973 Statutes of Nevada, Page 1751 (Chapter 791, SB 262)ê

 

public utility on account of assistance rendered by such utility in responding to such request.

      3.  The provisions of subsection 1 shall not be construed to permit wiretapping, which may be engaged in only pursuant to the provisions of [NRS 200.660.] sections 2 to 22, inclusive, of this act.

      Sec. 30.  NRS 200.660, 200.670 and 200.680 are hereby repealed.

 

________

 

 

CHAPTER 792, SB 259

Senate Bill No. 259–Senators Lamb and Gibson

CHAPTER 792

AN ACT relating to the regulation of certain enterprises engaging in the sale of real estate; providing for stricter licensing and regulation of certain developers and their agents; providing for more complete disclosure of certain provisions relating to land sales; providing equitable remedies; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 119.010 is hereby amended to read as follows:

      119.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 119.020 to 119.110, inclusive, and sections 13, 14 and 14.5 of this act have the meanings ascribed to them in such sections.

      Sec. 2.  NRS 119.040 is hereby amended to read as follows:

      119.040  “Developer” means:

      1.  The owner of subdivided land who, on his own behalf or through an agent or subsidiary, offers it for sale. [or]

      2.  The principal agent of an inactive owner.

      Sec. 3.  NRS 119.080 is hereby amended to read as follows:

      119.080  “Purchaser” means any person who acquires or attempts to acquire an interest in any portion of a subdivision.

      Sec. 4.  NRS 119.090 is hereby amended to read as follows:

      119.090  “Registered representative” is any person who is employed or engaged by a developer to represent a company for compensation [.] in offering or selling subdivided lands pursuant to this chapter, but does not include any officer of the developer or any of the subsidiaries of the developer, or any owner, partner or associate of the developer who would not be classed as a dealer and who is listed and approved by the division. [Except as provided in paragraph (b) of subsection 1 of NRS 119.180, “registered representative” does not include a real estate salesman licensed in the State of Nevada.]

      Sec. 5.  NRS 119.110 is hereby amended to read as follows:

      119.110  “Subdivision” means any land or tract of land in another state, [or] in this state or in a foreign country from which a sale is attempted, which is divided or proposed to be divided over any period into [50] 35 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.]


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ê1973 Statutes of Nevada, Page 1752 (Chapter 792, SB 259)ê

 

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.] including but not limited to undivided interests, which are offered, known, designated or advertised as a common unit by a common name or as a part of a common promotional plan of advertising and sale.

      Sec. 6.  NRS 119.120 is hereby amended to read as follows:

      119.120  1.  [Unless] The provisions of this chapter shall not apply to any property for which an exemption is provided pursuant to NRS 278.320, 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, and unless the method of disposition is adopted for such purpose, 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, interest or unit thereof for his own account in a single or isolated transaction. [;]

      (b) If each lot, parcel, interest or unit being offered or disposed of in any subdivision is [5 acres or more in size;] more than 80 acres in size. For purposes of this subsection, the size of any undivided interest being offered or disposed of in any subdivision shall be computed by dividing the number of the undivided interests into the area of the subdivision, exclusive of common or reserved areas, roadways or easements.

      (c) Notwithstanding the provisions of chapter 278 of NRS, if each lot, parcel, interest or unit being offered or disposed of in any subdivision is in excess of 40 acres but not more than 80 acres in net size, so long as the form and content of the advertising to be used is filed and approved in compliance with section 10 of this act. The size of undivided interests shall be computed as provided in paragraph (b) of this subsection.

      (d) To any person who is engaged in the business of the construction of residential, commercial or industrial buildings for disposition. [;]

      [(d)](e) 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)](f) Pursuant to the order of any court of this state. [;]

      [(f)](g) By any government or government agency. [;]

      [(g)](h) To any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate. [;]

      [(h)](i) To securities or units of interest issued by an investment trust regulated under the laws of this state [; or] , except where the division finds that the enforcement of this chapter with respect to such securities or units of interest is necessary in the public interest and for the protection of purchasers.

      [(i)](j) To cemetery lots.


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ê1973 Statutes of Nevada, Page 1753 (Chapter 792, SB 259)ê

 

      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 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.

      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 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 NRS 119.180 and NRS 119.190, 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.] subject to all of the requirements of this chapter, except that such subdivision may file with the division a copy of an effective statement of record filed with the Secretary of Housing and Urban Development. To the extent that the information contained in the effective statement of record provides the division with information required under this chapter, the effective statement of record may substitute for information otherwise required under this chapter.

      Sec. 7.  NRS 119.140 is hereby amended to read as follows:

      119.140  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.] each person owning or controlling an interest of 10 percent or more.

      2.  The name, principal occupation and address of every officer, director, partner, owner, associate or trustee 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.]


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ê1973 Statutes of Nevada, Page 1754 (Chapter 792, SB 259)ê

 

intended to dispose of the land, together with copies of [any contracts intended to be used.] the instruments which will be delivered to a purchaser to evidence his interest in the subdivision and of the contracts and other agreements which a purchaser will be required to agree to or sign.

      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 subdivisions 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 [.] , and the names and addresses of the holders of such indebtedness together with an indication of their relationship, if any, to the owner and subdivider.

      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 and containing such additional information as the division may require [.] on its filing forms.

      14.  [A filing fee of $100.] The fees prescribed by this chapter.

      Sec. 8.  NRS 119.150 is hereby amended to read as follows:

      119.150  1.  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 [NRS 119.140] this chapter 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.

      2.  Payments received by the division pursuant to this section shall be deposited in an investigative account. The administrator shall use this account to pay the reasonable expenses of agents and employees of the division in making the investigation under this section for which the payments were received.


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ê1973 Statutes of Nevada, Page 1755 (Chapter 792, SB 259)ê

 

division in making the investigation under this section for which the payments were received. The administrator may advance money for such expenses when appropriate.

      3.  Each expenditure from the investigative account shall be audited, allowed and paid as other claims against the state are paid.

      Sec. 9.  NRS 119.160 is hereby amended to read as follows:

      119.160  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 NRS 119.140 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.

      (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 NRS 119.130 and 119.140. The administrator may, alternatively, issue a temporary permit to be effective for not more than 6 months from the date of issuance. If the administrator of the division issues an order of denial, the owner or developer may appeal such order to the director of the department of commerce who shall, within 5 days of the receipt of such appeal, determine whether grounds for denial exist. If the director finds that grounds for denial exist, he shall confirm the denial. If the director confirms the denial, the owner or developer may appeal to the real estate advisory commission created by NRS 645.050, which shall conduct a hearing and either confirm the denial or order a license issued within 30 days of the receipt of the appeal.


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ê1973 Statutes of Nevada, Page 1756 (Chapter 792, SB 259)ê

 

      4.  If it appears to the administrator of the division that a statement of record, or any amendment thereto, is on its face substantially 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. 10.  NRS 119.180 is hereby amended to read as follows:

      119.180  1.  No subdivision or lot, parcel, interest 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,] purchasers, the sale to purchasers and the retention of purchasers after sale, which plan or methods shall describe with particularly:

             (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 customer;]

             (3) The nature of promotional [group] meetings [; and] involving any person or act described in this paragraph;

             (4) The contracts, agreements and other papers to be employed in the sale of such property; and

             (5) Such other reasonable details as may be required by the division.

The written plan, or methods proposed, may be filed as a part of the application under NRS 119.140 and shall constitute and be treated as a part thereof.

      (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,] properties not exempt from the provisions of this chapter until January 1, 1975, 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.] the fees prescribed by this chapter. Such registered personnel shall be known as registered representatives of the [licensee] developer 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.] upon filing their names with the division. On and after January 1, 1975, only such broker or his real estate salesman may offer or sell subdivision property or any interest therein.


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ê1973 Statutes of Nevada, Page 1757 (Chapter 792, SB 259)ê

 

1, 1975, only such broker or his real estate salesman may offer or sell subdivision property or any interest therein. Prior to such salesman’s offering or selling such property or interest, the salesman’s name shall be placed on file with the division. Additionally, the broker and salesman, if any, shall:

             (1) Complete an application in such form and containing such reasonable information as the division may require.

             (2) Pay the fees prescribed in this chapter.

Brokers and salesmen may represent only one developer at any one time, and may transfer their representation to a different developer only after completing an application in such form and containing such reasonable information as the division may require and paying the fees prescribed in this chapter, except, notwithstanding the provisions of this subsection, a broker of record may conduct his own separate brokerage business in compliance with chapter 645 of NRS.

      2.  On and after January 1, 1975, no person, except a registered representative of the developer or a broker or salesman who has complied with this section, may induce, solicit or attempt to have any person attend any offer or sale of subdivision property or any interest therein. A broker is responsible for the inducing and soliciting 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 applied to licensed real estate brokers and salesmen. A registered representative shall not make statements of any kind concerning prices, interests or values of the subdivision property; his sole function is inducing and soliciting persons to attend an offer or sale of subdivision property and handing out information approved by the division. The registered representative’s activities shall strictly conform to the written plan approved by the division in this section.

      3.  Prior to engaging in any activities specified in subsection 2, each registered representative of the developer, under such regulations as the division may promulgate, shall:

      (a) Complete an application in such form and containing such reasonable information as the division may require.

      (b) Pay the fees prescribed in this chapter. Such registered personnel shall be known as registered representatives of the developer and may not use the term “licensee.” Real estate brokers and salesmen licensed in the State of Nevada may function as registered representatives upon the completion of whatever application and the submission of whatever reasonable information the division may prescribe, and upon the payment of the fees prescribed in this chapter.

      4.  The information required to be provided by NRS 119.140 shall be given to and reviewed with each purchaser by the broker, [or] registered representative or salesman 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 and a copy of all contracts and agreements shall be kept in the broker’s files within the State of Nevada for a period of [7 years] 3 years or 1 year after final payment has been made on any contract for the sale of property, whichever is longer, and shall be subject to such inspection [by the division.]


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ê1973 Statutes of Nevada, Page 1758 (Chapter 792, SB 259)ê

 

shall be subject to such inspection [by the division.] and audit as may be prescribed by rules and regulations adopted pursuant to chapter 233B of NRS.

      [3.]5.  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 NRS 119.120, where such information has not been given to and reviewed with 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] 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.]6.  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.

      7.  No subdivision consisting of land situated in the State of Nevada shall be advertised or offered for sale within or outside the State of Nevada until such advertising and offering is approved by the division. Each such advertisement shall contain the processing number assigned by the division. Each application for approval for advertising shall be accompanied by a filing fee not to exceed $25, according to a schedule of fees to be established by the division. The division shall render a decision upon an application for approval of an advertising or offering within 30 days from the date such application is filed. The division shall promulgate rules and regulations to accomplish the purpose of this section.

      Sec. 11.  NRS 119.220 is hereby amended to read as follows:

      119.220  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:


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ê1973 Statutes of Nevada, Page 1759 (Chapter 792, SB 259)ê

 

      (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 appraiser’s costs, reasonable court costs and reasonable attorney’s fees.

      Sec. 12.  Chapter 119 is hereby amended by adding thereto the provisions set forth as sections 13 to 30, inclusive, of this act.

      Sec. 13.  “Administrator” means the chief of the real estate division of the department of commerce.

      Sec. 14.  “Hearing officer” means a member of the staff of the department of commerce whom the administrator has appointed as a hearing officer.

      Sec. 14.5.  “Unit” means the smallest salable portion of a subdivision.

      Sec. 15.  The developer is responsible for the acts of each broker, salesman, registered representative and any other person he employs or engages to represent him which are performed within the scope of such employment or engagement.

      Sec. 16.  1.  Registered representative permits shall be granted only to persons who:

      (a) Bear a good reputation for honesty, truthfulness and fair dealing;

      (b) Are of good moral character;

      (c) Are competent to transact the business of a registered representative in such a manner as to safeguard the interests of the public; and

      (d) Meet such other reasonable requirements as the division may promulgate.

      2.  The division shall establish rules and regulations to carry out the provisions of this section.

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  1.  The division may do all things necessary and convenient for carrying into effect the provisions of this chapter.

      2.  The attorney general shall provide opinions for the division on all questions of law relating to the construction or interpretation of this chapter, or arising out of the administration thereof.

      3.  The attorney general shall act as the attorney for the division in all actions and proceedings brought against the division under or pursuant to any of the provisions of this chapter or the regulations promulgated thereunder.

      Sec. 19.  The division may employ, without regard to the provisions of NRS 228.110 or of chapter 284 of NRS, legal counsel, investigators and other professional consultants necessary to the discharge of its duties.

      Sec. 20.  All fees and charges received by the division shall be deposited in the general fund in the state treasury. Funds for the support of the division shall be provided by direct legislative appropriation, and shall be paid out on claims as other claims against the state are paid.


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ê1973 Statutes of Nevada, Page 1760 (Chapter 792, SB 259)ê

 

division shall be provided by direct legislative appropriation, and shall be paid out on claims as other claims against the state are paid.

      Sec. 21.  1.  Whenever the division believes from evidence satisfactory to it that any persons has violated any order, regulation, license, permit, decision, demand or requirement, or any part or provision thereof, or any of the provisions of this chapter, it may bring an action in the name of the division in the district court of the State of Nevada in the county wherein such person resides or maintains his principal place of business, or, if such person resides outside the State of Nevada, in any court with proper jurisdiction within or outside the State of Nevada, against such person to enjoin such person from continuing such violation, engaging therein or doing any act or acts in furtherance thereof.

      2.  The administrator in the name of the division may intervene in any action involving a subdivision or interest therein, within the provisions of this chapter, if such intervention is necessary in the public interest and for the protection of purchasers.

      Sec. 22.  1.  The administrator may issue orders directing unlicensed persons to desist and refrain from engaging in activities for which they are not licensed under this chapter.

      2.  No unlicensed person who has violated any of the provisions of this chapter shall engage in any activity after receiving an order in writing from the administrator directing him to desist and refrain from so doing, and stating that, in the opinion of the administrator, such activity has not been licensed.

      3.  Within 30 days of the receipt of such order, such person may file a verified petition with the administrator for a hearing, alleging that the order precludes him from engaging in a substantial portion of his business as a licensee under this chapter.

      4.  The administrator shall, within 10 days of the receipt of such petition, bring an action in the name of the real estate division in the district court of the State of Nevada in the county in which the activity is occurring, to enjoin such person from continuing such activity, engaging therein or doing any act in furtherance thereof pending the completion of hearings as prescribed by this chapter. The administrator’s order to desist and refrain shall be rescinded upon the entering of a decision by the court, as provided in this section, or upon the failure of the administrator to bring an action within the time permitted by this section.

      5.  Within 30 days of the receipt of such order, such person may, alternatively, file a verified petition with the administrator for a hearing before the administrator. Such petition does not require an allegation that the administrator’s order precludes such person from engaging in a substantial portion of a business as a licensee under this chapter. The administrator shall hold a hearing within 30 days after the petition has been filed, unless the party requesting the hearing requests postponement. If, after a request for a hearing, the administrator does not hold a hearing within 30 days or does not render a decision within 45 days after submission of the matter, the order is rescinded.

      Sec. 23.  In any proceeding under this chapter, the administrator may appoint hearing officers from the staff of the department of commerce who shall act as his agents and conduct any hearing or investigation which may be conducted by the administrator under the provisions of this chapter.


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ê1973 Statutes of Nevada, Page 1761 (Chapter 792, SB 259)ê

 

may be conducted by the administrator under the provisions of this chapter.

      Sec. 24.  1.  The administrator may:

      (a) Take testimony and other evidence concerning all matters within the jurisdiction of the division under this chapter.

      (b) Administer oaths.

      (c) Certify to all official acts.

      (d) For cause, issue subpenas for attendance of witnesses and the production of books and papers.

      2.  The administrator shall classify as confidential certain records and information obtained by the division when such matters are trade secrets, including but not limited to lists of prospective purchasers and lists of purchasers with whom a sale has been consummated. This power is subject to the limitations and protective measures in NRS 49.325.

      Sec. 25.  1.  In any hearing in any part of the state the process issued by the administrator extends to all parts of the state and may be served by any person authorized to serve process of courts of record.

      2.  The person serving any such process shall receive such compensation as may be allowed by the administrator, not to exceed the fees prescribed by law for similar service.

      3.  Each witness who appears by order of the administrator shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request the witness is subpenaed.

      Sec. 26.  1.  The district court in the county in which any hearing may be held has the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as requested by any subpena issued by the administrator.

      2.  In case of the refusal of any witness to attend, testify or produce any papers required by such subpena, the administrator may report to the district court in the county in which the hearing is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpenaed in the manner prescribed in this chapter;

      (c) That the witness has failed and refused to attend or produce the papers required by subpena before the administrator in the cause or proceeding named in the subpena or has refused to answer questions propounded to him in the course of such hearing, and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the administrator.

      3.  The court, upon petition of the administrator, may enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended, testified or produced the books or papers before the administrator. A certified copy of the order shall be served upon the witness. If it appears to the court that the subpena was regularly issued by the administrator, the court may thereupon enter an order that the witness appear before the administrator at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.


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ê1973 Statutes of Nevada, Page 1762 (Chapter 792, SB 259)ê

 

before the administrator at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.

      Sec. 27.  1.  The administrator may, in any hearing before him, cause the depositions of witnesses to be taken in the manner prescribed by the Nevada Rules of Civil Procedure for like depositions in civil actions in the district court of this state, and to that end may compel the attendance of witnesses and the production of books and papers.

      2.  The clerk of the district court in the county in which any hearing is held by the administrator shall, upon the application of the administrator, issue commissions or letters rogatory to other states for the taking of evidence therein for use in any proceedings before the administrator.

      3.  Any party to any hearing before the administrator shall have the right to the attendance of witnesses in his behalf at such hearing or upon deposition, as set forth in this section, upon making request therefor to the administrator and designating the name and address of the person or persons sought to be subpenaed.

      Sec. 28. (Deleted by amendment.)

      Sec. 29.  1.  Subject to the provisions of this chapter, the division shall collect the following fees at such times and upon such conditions as it may provide by rule and regulation:

 

For each annual registered representative’s license to represent a developer .................................................................................................................. $25

For each transfer of a registered representative’s license to represent a developer..................................................................................................................            10

For each developer’s permit per subdivision..........................................          250

 

The $250 fee shall not apply to any subdivision having 34 or fewer lots, parcels, interests or units nor to any subdivision where the lots, parcels, interests or units being offered or disposed of are in excess of 40 acres net size.

      2.  At the time of the original filing, each developer shall pay an additional $5 for each lot, parcel, interest or unit in any one subdivision in excess of 50, but not exceeding 250 such lots, parcels, interests or units; $4 for 251 through 500 lots, parcels, interests or units in any one subdivision; $3 for 501 through 750 lots, parcels, interests or units in any one subdivision; and $2.50 for all lots, parcels, interests or units in excess of 750 in any one subdivision. The developer may designate lots, parcels, interests or units it intends to offer for sale or lease in this state out of the subdivision and the per lot parcel, interest, or unit fee shall only be applicable to such lots, parcels, interests or units. Such units shall be designated in groupings of no less than 5 contiguous units in each group, except that the division in its discretion may accept fewer upon request of the developer. Should the developer determine to offer additional lots, parcels, interests or units it shall so certify to the division and pay the additional fee therefor.

      3.  With the exception of the fees for a registered representative’s license or transfer, the fees enumerated in this section shall be reduced by the administrator at such times as, in his judgment, he considers a reduction equitable in relation to the necessary costs of carrying out the administration and enforcement of the provisions of this chapter.


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ê1973 Statutes of Nevada, Page 1763 (Chapter 792, SB 259)ê

 

reduction equitable in relation to the necessary costs of carrying out the administration and enforcement of the provisions of this chapter.

      Sec. 30.  1.  Except as provided in subsection 2, any person, copartnership, association or corporation violating a provision of this chapter, upon conviction thereof, if a person, is guilty of a gross misdemeanor, and if a copartnership, association or corporation, shall be punished by a fine of not more than $10,000 for each offense.

      2.  Any person who:

      (a) Sells or attempts to sell in this state any subdivision or any lot, parcel, unit or interest in any subdivision by means of intentional misrepresentation, deceit or fraud; or

      (b) Obtains or attempts to obtain a license under this chapter by means of intentional misrepresentation, deceit or fraud,

is guilty of a felony.

      3.  Any officer or agent of a corporation, or member or agent of a copartnership or association, who shall personally participate in or be accessory to any violation of this chapter by such copartnership, association or corporation, shall be subject to the penalties herein prescribed for individuals.

      4.  Nothing contained in this section shall be construed to release any person, corporation, association or copartnership from civil liability or criminal prosecution under the general laws of this state.

      5.  The administrator may prefer a complaint for violation of a provision of this chapter before any court of competent jurisdiction, and may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.

      6.  Any court of competent jurisdiction shall have full power to try any violation of this chapter, and upon conviction the court may, at its discretion, revoke the license of the person, copartnership, association or corporation so convicted, in addition to imposing the other penalties herein provided.

      Sec. 31.  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 NRS 119.090.]

      Sec. 32.  NRS 645.842 is hereby amended to read as follows:

      645.842  There is hereby created in the state treasury the real estate education, research and recovery fund. A balance of not more than [$20,000] $50,000 shall be maintained in the fund, to be used for satisfying claims against persons licensed under this chapter, as provided in NRS 645.841 to 645.8494, inclusive. Any balance over [$20,000] $50,000 at the end of any fiscal year shall be set aside and used by the administrator, after approval of the commission, for real estate education and research.

      Sec. 33.  NRS 645.843 is hereby amended to read as follows:


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ê1973 Statutes of Nevada, Page 1764 (Chapter 792, SB 259)ê

 

      645.843  Upon renewal of every real estate broker’s and real estate salesman’s license on or before April 30, 1970, and on or before April 30 of each year thereafter, every licensed broker and salesman, when renewing any such license, shall pay in addition to the renewal fee, a fee of [$10.] $15. Such additional fee shall be paid into the state treasury and credited to the fund, and shall be used solely for the purposes provided in NRS 645.841 to 645.8494, inclusive.

      Sec. 33.5.  NRS 645.843 is hereby amended to read as follows:

      645.843  Upon issuance or renewal of every real estate broker’s and real estate salesman’s license, every licensed broker and salesman shall pay in addition to the original or renewal fee, a fee of [$10.] $15. Such additional fee shall be paid into the state treasury and credited to the fund, and shall be used solely for the purposes provided in NRS 645.841 to 645.8494, inclusive.

      Sec. 34.  NRS 645.844 is hereby amended to read as follows:

      645.844  1.  When any person obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required under this chapter and which cause of action arose on or after July 1, 1967, such person may, upon termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment out of the fund in the amount of actual damages included in the judgment and unpaid, but not more than $10,000 per claimant.

      2.  A copy of the petition shall be served upon the administrator and an affidavit of such service shall be filed with the court.

      3.  The court shall act upon such petition within 30 days after such service and, upon the hearing thereof, the petitioner shall be required to show that:

      (a) He is not the spouse of the debtor, or the personal representative of such spouse.

      (b) He has complied with all the requirements of NRS 645.841 to 645.8494, inclusive.

      (c) He has obtained a judgment of the kind described in subsection 1, stating the amount thereof and the amount owing thereon at the date of the petition.

      (d) A writ of execution has been issued upon such judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of such of them as were found under such execution was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.

      (e) He has made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.

      (f) The petition has been filed no more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.

      (g) He has posted a bond to guarantee costs should his application be denied, in the amount of 10 percent of the actual damages he seeks from the fund.


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ê1973 Statutes of Nevada, Page 1765 (Chapter 792, SB 259)ê

 

denied, in the amount of 10 percent of the actual damages he seeks from the fund.

      Sec. 35.  NRS 645.847 is hereby amended to read as follows:

      645.847  If the administrator pays from the fund any amount in settlement of a claim or towards satisfaction of a judgment against a licensed broker or salesman, the license of such broker or salesman, together with the license of such broker or salesman under chapter 119 of NRS, shall be automatically suspended upon the effective date of an order by the court as set forth herein authorizing payment from the fund. No such broker or salesman shall be granted reinstatement until he has repaid in full, plus interest at the rate of [4] 6 percent per annum, the amount paid from the fund on his account. Interest is computed from the date payment from the fund was made by the administrator.

      Sec. 36.  NRS 645.848 is hereby amended to read as follows:

      645.848  If, at any time, the money deposited in the fund and allotted for satisfying claims against licensees is insufficient to satisfy any authorized claim or portion thereof, the administrator shall, when sufficient money has been deposited in the fund, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of [4] 6 percent per annum. Any sums received by the real estate division pursuant to NRS 645.841 to 645.8494, inclusive, shall be deposited in the state treasury and credited to the fund.

      Sec. 37.  NRS 645.8492 is hereby amended to read as follows:

      645.8492  The failure of a person to comply with [all] any of the provisions of NRS 645.841 to 645.8494, inclusive, shall constitute a waiver of any rights hereunder.

      Sec. 38.  1.  Every license issued prior to July 1, 1972:

      (a) To a developer pursuant to NRS 119.160; and

      (b) To a registered representative to represent a developer, shall expire on July 1, 1973.

      2.  Every license which expires pursuant to subsection 1 may be renewed without penalty upon application within 30 days thereafter and payment of the appropriate fee provided in section 29 of this act.

      3.  Every license issued between July 1, 1972, and June 30, 1973, inclusive:

      (a) To a developer pursuant to NRS 119.160; and

      (b) To a real estate broker to represent a developer,

shall expire on the first anniversary of its issuance, and may be renewed in the manner provided by regulations issued pursuant to section 29 of this act and upon payment of the appropriate fee provided in that section.

      4.  Any renewal of a developer’s permit necessitated by this section shall not apply to lots, parcels, interests or units previously sold under an expired permit. Lots, parcels, units or interests remaining unsold upon the expiration of the permit as provided in this section and new subdivision applications which are substantially complete and on file prior to February 16, 1973, shall be charged on the basis of $1.25 per lot, parcel, unit or interest. This reduced fee shall apply only to developers whose permits are on active status with the real estate division of the department of commerce on February 16, 1973.


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ê1973 Statutes of Nevada, Page 1766 (Chapter 792, SB 259)ê

 

      Sec. 39.  1.  Section 33 of this act shall not become effective if section 26 of Senate Bill No. 626 of the 57th session of the Nevada legislature becomes law.

      2.  Section 33.5 of this act shall not become effective if section 26 of Senate Bill No. 626 of the 57th session of the Nevada legislature does not become law.

      Sec. 40.  This act shall become effective at 12:01 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 793, SB 120

Senate Bill No. 120–Senators Young and Swobe

CHAPTER 793

AN ACT relating to subdivision of land; making certain technical changes in the procedures affecting surveying and mapping; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  If an error or omission in any recorded subdivision plat, record of survey or reversionary map is discovered by a county surveyor or is accurately reported to him, an amended plat, survey or map, correcting such error or supplying such omission, shall be prepared and recorded within 90 days of such discovery or report. The registered land surveyor who made the survey shall prepare and record the amended plat, survey or map. If such survey is no longer professionally active in the county, the preparation and recording shall be handled by the county surveyor.

      2.  The county surveyor shall send written notice to all persons having any record title interest in the property affected by such amendments. Mailing shall be to the last-known address of such persons, which shall be supplied by the registered land surveyor or obtained from him.

      Sec. 3.  The amended plat, survey or map shall:

      1.  Be an exact size and scale reproduction, on linen or other material in conformance with NRS 278.510, of the plat, survey or map being amended.

      2.  Have the phrase “Amended Plat of” prominently displayed on each sheet above the tract number or subdivision name, record of survey title or reversionary map title, as the case may be.

      3.  Have a blank margin for the county recorder’s indexing information.

      4.  Have a 3-inch by 3-inch square adjacent to and on the left side of the existing square for the county recorder’s information and stamp.

      5.  Show a solid, heavy line under the letter, word, phrase, number, bearing or distance being corrected and the correction shown adjacent thereto and appropriately referenced or keyed to a legend shown thereon.


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ê1973 Statutes of Nevada, Page 1767 (Chapter 793, SB 120)ê

 

      Sec. 4.  If the amendments are made by the registered land surveyor, the following certificates shall appear on the title sheet:

      1.  A certificate executed by the surveyor reciting, in substance, that he has prepared the amended plat, survey or map in conformance with NRS 278.010 to 278.630, inclusive, and with any controlling ordinance.

      2.  A certificate executed by the county surveyor reciting, in substance, that he has examined the amended plat, survey or map, and is satisfied that it is technically correct.

      Sec. 5.  If the amendments are made by the county surveyor, a certificate shall appear on the title sheet reciting, in substance, that he has prepared the amended plat, survey or map in conformance with NRS 278.010 to 278.630, inclusive, and with any controlling ordinance.

      Sec. 6.  NRS 278.330 is hereby amended to read as follows:

      278.330  1.  The initial action in connection with the making of any subdivision shall be the preparation of a tentative map or maps which shall show, or be accompanied by, such data as are specified by the provisions of NRS 278.010 to 278.630, inclusive.

      2.  The subdivider shall file copies of such map or maps with the planning commission, or with the clerk of the governing body if there be no planning commission.

      3.  If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting. The governing body shall act thereon within 40 days after such submittal.

      4.  If there is a planning commission, it shall [report] :

      (a) Report in writing to the subdivider and to the governing body on the map or maps of any subdivision [submitted to it] within 30 days after the tentative map has been filed [; and the] or refiled with it. The report shall approve, conditionally approve, or disapprove the tentative map or maps of the subdivision [. If conditionally approved or disapproved, the report shall state the conditions under which the map would have been approved.] as filed or refiled. If the report conditionally approves or disapproves the tentative map, it shall state the conditions under which the map will be approved.

      (b) Be deemed to have approved the tentative map if all conditions are met by the subdivider and the tentative map is refiled within 90 days of the date of the report.

      5.  If the subdivider is dissatisfied with any action of the planning commission, he may, within 15 days after such action, appeal from the action of the planning commission to the governing body which must hear the same, unless the subdivider consents to a continuance, within 10 days or at its next succeeding regular meeting. The governing body may by a majority vote of its members overrule any ruling of the planning commission in regard to the tentative map, and make such findings as are not inconsistent with the provisions of NRS 278.010 to 278.630, inclusive, or local ordinance adopted pursuant thereto.

      6.  No provision of this chapter shall be construed to prevent a governing body from disapproving a tentative map if such disapproval is in the best interests of the public health, safety or welfare, and such disapproval is by unanimous vote and made within the time limit provided in subsection 3.


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ê1973 Statutes of Nevada, Page 1768 (Chapter 793, SB 120)ê

 

disapproval is by unanimous vote and made within the time limit provided in subsection 3.

      Sec. 7.  NRS 278.340 is hereby amended to read as follows:

      278.340  1.  Whenever any subdivider purposes to subdivide any land within 3 miles of the exterior boundary of a city, which city has a planning commission, the [subdivider] county planning commission or governing body shall file a copy of the subdivider’s tentative map [of his proposed subdivision] with the city planning commission. The city planning commission shall have not to exceed 30 days’ time for action on the map and report to the governing body of the county in which the subdivision is situated. The planning commission or governing body of the county shall take into consideration the report of the city planning commission before approving the [final] tentative map of any subdivision within the 3-mile limit.

      2.  If such city has no planning commission, the [subdivider] county planning commission or governing body shall file a copy of the subdivider’s tentative map [of his proposed subdivision] with the governing body of the city, which shall report to the planning commission or governing body of the county in which the subdivision is situated within 30 days after such filing. The planning commission or governing body of the county shall take such report into consideration before approving the [final] tentative map of any subdivision within the 3-mile limit.

      Sec. 8.  NRS 278.345 is hereby amended to read as follows:

      278.345  Whenever any subdivider proposes to subdivide any lands within an incorporated city in a county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, which does not have a regional planning commission, the [subdivider] city planning commission or governing body shall file a copy of the subdivider’s tentative map of [his] the proposed subdivision with the county planning commission. The county planning commission shall have not to exceed 30 days’ time for action on the map and report to the governing body of the city in which the subdivision is situated. The planning commission or governing body of the city shall take into consideration the report of the county planning commission before approving the [final] tentative map of any subdivision.

      Sec. 9.  NRS 278.360 is hereby amended to read as follows:

      278.360  1.  The subdivider may within 1 year after approval [or conditional approval] of the tentative map or maps of a subdivision cause the subdivision, or any part thereof, to be surveyed and a final map thereof to be prepared in accordance with the tentative map as approved. Any failure so to record a final map within 1 year from the approval [or conditional approval] of the tentative map shall terminate all proceedings, and before the final map may thereafter be recorded, or any sales be made, a new tentative map shall be [submitted.] filed.

      2.  No final map of a subdivision as defined in NRS 278.010 to 278.630, inclusive, shall be accepted by the county recorder for record unless all provisions of NRS 278.010 to 278.630, inclusive, and of any local ordinance have been complied with. The county recorder [may have not more than 10 days to examine the final map before accepting or refusing it for recordation.]


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ê1973 Statutes of Nevada, Page 1769 (Chapter 793, SB 120)ê

 

it for recordation.] shall accept or refuse it for recordation within 10 days of its delivery to him.

      Sec. 10.  NRS 278.370 is hereby amended to read as follows:

      278.370  1.  [The enactment of local ordinances is hereby authorized.] Local ordinances [may prescribe] shall be enacted by the governing body of every incorporated city and every county, prescribing detailed regulations which, in addition to the provisions of NRS 278.010 to 278.630, inclusive, [would] shall govern matters of improvements, mapping, accuracy, engineering and related subjects, but shall not be in conflict with NRS 278.010 to 278.630, inclusive.

      2.  [In case there is a local ordinance, the] The subdivider shall comply with [its] the provisions of the appropriate local ordinance before the map or maps of a subdivision may be approved.

      [3.  In case there is no local ordinance, the governing body may, as a condition precedent to the approval of the map or maps of a subdivision, require streets and drainage ways properly located and improved and of an adequate width, but may make no other requirements.]

      Sec. 11.  NRS 278.400 is hereby amended to read as follows:

      278.400  1.  The survey, final monumenting and final map shall be made by a [civil engineer or] Nevada registered land surveyor, prior to the recordation of the final map, who shall set sufficient durable monuments so that another [engineer or] surveyor may readily retrace the survey. The final monuments need not be set at the time the [survey is made if a satisfactory assurance is given of their being set later.] final map is recorded if:

      (a) Satisfactory assurance is given to the governing body of their being set on or before a day certain; and

      (b) A performance bond, in an amount to be determined by the county surveyor or city surveyor is deposited.

      2.  [Monuments required by subsection 1 shall be of stone of not less than 6 inches smallest dimension and not less than 12 inches in length with a cross chiseled to mark the point of reference, or of concrete of not less than 6 inches smallest dimension and not less than 12 inches in length, with the point of reference marked by a metal plug firmly set therein. Monuments shall be firmly set with the tops not less than 4 inches below the surface of the ground or street.] Final monuments shall:

      (a) Be of sufficient number, length, type and material to insure their durability.

      (b) Be placed at:

             (1) Subdivision boundary corners, angle points and section corners.

             (2) Intersections of street centerlines.

             (3) Intersections of street centerlines with subdivision boundaries.

             (4) Angle points and points of curvature in street centerlines.

             (5) Quarter section corners.

             (6) Lot corners, angle points and curve points.

      (c) Be of concrete or mental and meet the following minimum specifications or the county surveyor’s or city surveyor’s equal specifications:

             (1) Have a metal plate or disc securely attached to the top with a mark for the exact point, stamped with the surveyor’s license number.


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ê1973 Statutes of Nevada, Page 1770 (Chapter 793, SB 120)ê

 

             (2) Be firmly set with the tops not less than 4 inches below the surface of the ground.

             (3) In paved streets, be set in monument wells with covers.

      (d) Be referenced, in the case of street centerline monuments in a subdivision with paved streets, within 100 feet to at least two durable tie monuments shown on the map.

      (e) Be a minimum of five-eighths of an inch in diameter and of sufficient length to remain securely in position.

      Sec. 12.  NRS 278.410 is hereby amended to read as follows:

      278.410  1.  The final map shall be clearly and legibly drawn in black waterproof india ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, but affidavits, certificates and acknowledgments may be legibly stamped or printed upon the map with opaque ink.

      2.  The size of each sheet of the map shall be 24 by 32 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.

      3.  The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end.

      4.  The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

      5.  The final map shall show all survey and mathematical information and data necessary to locate all monuments, and to locate and retrace any and all interior and exterior boundary lines appearing thereon, including bearings and distances of straight lines, and radii and arc length for all curves, and such information as may be necessary to determine the location of the centers of curves.

      6.  Each lot shall be numbered, and each block may be numbered or lettered.

      7.  Each street shall be named.

      8.  The exterior boundary of the land included within the subdivision shall be indicated by [colored border.] a blue border light enough to make all delineations covered by it readily discernible on reproductions or prints of the original.

      9.  The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

      10.  The final map shall also satisfy any additional survey and map requirements of the local ordinance [.] , city surveyor or county surveyor.

      11.  Each sheet:

      (a) Shall show the subdivision tract number assigned by the county recorder.

      (b) May show the subdivision name and unit number.

      Sec. 13.  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.


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ê1973 Statutes of Nevada, Page 1771 (Chapter 793, SB 120)ê

 

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.

      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 signed and acknowledged by all parties having any record title in the land subdivided, evidencing their grant of permanent easements for utility installations and access, as designated on the map, together with a statement approving such easements, signed by each public utility company or agency in whose favor the easements are created or whose utility services are to be required for the platted parcels.

      5.  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 the provisions of NRS 278.400.

      6.  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 [.]


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ê1973 Statutes of Nevada, Page 1772 (Chapter 793, SB 120)ê

 

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 [.] and that the monuments as shown are of the character and occupy the positions indicated or that the monuments have not been set and that a proper performance bond has been deposited guaranteeing their setting on or before a day certain. The certificate shall be dated and signed by the county surveyor or city surveyor, or by an authorized deputy.

      7.  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. 13.5.  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.

      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 signed and acknowledged by all parties having any record title in the land subdivided, evidencing their grant of permanent easements for utility installations and access, as designated on the map, together with a statement approving such easements, signed by each public utility company or agency in whose favor the easements are created or whose utility services are to be required for the platted parcels.


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ê1973 Statutes of Nevada, Page 1773 (Chapter 793, SB 120)ê

 

record title in the land subdivided, evidencing their grant of permanent easements for utility installations and access, as designated on the map, together with a statement approving such easements, signed by each public utility company or agency in whose favor the easements are created or whose utility services are to be required for the platted parcels.

      5.  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.

      6.  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 [.] and that the monuments as shown are of the character and occupy the positions indicated or that the monuments have not been set and that a proper performance bond has been deposited guaranteeing their setting on or before a day certain. The certificate shall be dated and signed by the county surveyor or city surveyor, or by an authorized deputy.

      7.  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 review by the state engineer, water quantity.

      8.  A copy of the review of the state engineer required by subsection 6 shall be furnished to the subdivider who in turn shall provide a copy of such review to each purchaser of land prior to the time the sale is completed. No statement of approval or review as required in subsection 6 is a warranty or representation in favor of any person as to the safety or quantity of such water.

      Sec. 14.  NRS 278.450 is hereby amended to read as follows:

      278.450  The county recorder shall collect a fee of [$5] $50 or $25 plus 25 cents per lot, whichever is greater, for the recordation of any final map. The fee shall be deposited in the general fund of the county where it is collected.

      Sec. 15.  NRS 278.460 is hereby amended to read as follows:

      278.460  Nothing contained in NRS 278.010 to 278.630, inclusive, prevents the recording under the provisions of NRS 278.010 to 278.630, inclusive, and any applicable local ordinances of a final map of any land not defined as a subdivision, nor do NRS 278.010 to 278.630, inclusive, prohibit the filing of a map in accordance with the provisions of any statute requiring the filing of registered land surveyor’s [or registered civil engineer’s] records of surveys.


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ê1973 Statutes of Nevada, Page 1774 (Chapter 793, SB 120)ê

 

      Sec. 16.  NRS 278.465 is hereby amended to read as follows:

      278.465  1.  [Any person or persons having a record title or interest in land that has been subdivided as provided in NRS 278.010 to 278.630, inclusive, may have the plat or any portion thereof, or any street therein contained, as shown in the final map thereof which has been filed in accordance with NRS 278.010 to 278.630, inclusive, altered or changed, upon application to the planning commission.

      2.]  Abandonment or vacation of any portion of the plat or of any street contained therein is governed by the provisions of NRS 278.470 and 278.480.

      [3.]2.  Abandonment of a subdivision map or reversion of any subdivision to acreage is governed by the provisions of NRS 278.490.

      Sec. 17.  NRS 278.490 is hereby amended to read as follows:

      278.490  1.  Any person, firm or corporation desiring to revert any subdivision or part thereof to acreage or to abandon any subdivision map or portion thereof shall cause a final map of the reversion or abandonment to be recorded in the office of the county recorder.

      2.  The final map shall contain the certificate set forth in subsection 1 of NRS 278.420, and shall be presented to the governing body for approval. If the map includes the abandonment of any public streets, the provisions of NRS 278.480 must be followed prior to the recordation of the map.

      3.  Except for the provisions of this section and any provision or ordinance relating to the payment of fees in conjunction with filing or recordation or checking of a final map, no other provision of NRS 278.010 to 278.630, inclusive, shall apply to a map made solely for the purpose of abandonment of a former map or for reversion of any subdivision to acreage.

      4.  Upon the recording of a final map of such reversion or abandonment, the county recorder shall make a written notation of the fact on each sheet of the previously recorded final map affected by the later recording.

      Sec. 18.  NRS 278.500 is hereby amended to read as follows:

      278.500  1.  If the subdivider is not required by the provisions of NRS 278.010 to 278.630, inclusive, to prepare and record a final map, then before proceeding with the sale of any part of the subdivision, he shall file, in the office of the county recorder, a record of survey map conforming, in respect to design [,] and conditions to the [approved] tentative map or maps [.] approved or conditionally approved by the governing body.

      2.  In this event, the governing body may require only such street grading and surfacing and drainage provisions reasonably necessary for lot access and local neighborhood traffic and drainage needs.

      3.  The construction of any of these improvements may be accomplished as provided in accordance with the provisions of NRS 278.010 to 278.630, inclusive.

      4.  The following certificates shall appear on a record of survey map:

      (a) A certificate for execution by the clerk of each approving governing body stating that the body approved the map for subdivision purposes in accordance with the approval or conditional approval of the tentative map.


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

ê1973 Statutes of Nevada, Page 1775 (Chapter 793, SB 120)ê

 

      (b) A certificate by the [engineer or] surveyor responsible for the survey giving the date of the survey and stating that the survey was made by him or under his direction and setting forth the name of the owner who authorized him to make the survey, and that the survey is true and complete as shown. This 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] on or before a day certain, under the provisions of NRS 278.010 to 278.630, inclusive. This certificate shall also state that the monuments are or will be sufficient to enable the survey to be retraced.

      (c) A certificate prepared in accordance with subsection 4 of NRS 278.420.

      (d) A certificate by the county surveyor or the city surveyor stating that he has examined the map for conformance with NRS 278.010 to 278.630, inclusive, and with any applicable local ordinance and that the monuments as shown are of the character and occupy the positions indicated or that a proper performance bond has been deposited, indicating the amount. The certificate shall state that the map is technically correct.

      5.  If the monuments have not been set prior to recording, the amount of the required performance bond shall be set by the county surveyor or city surveyor.

      6.  Dedications shall not be accepted on a record of survey map.

      7.  Easements shall not be created on a record of survey map. If an easement is shown on the map, it shall be shown with its recording information.

      8.  No record of survey as defined in NRS 278.010 to 278.630, inclusive, shall be accepted by the county recorder unless all provisions of NRS 278.010 to 278.630, inclusive, and of any local ordinance have been satisfied. The county recorder shall accept or refuse it for recordation within 10 days of its deliver.

      Sec. 19.  NRS 278.510 is hereby amended to read as follows:

      278.510  1.  The record of survey shall be a map, legibly drawn in black waterproof india ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, the size and border of which shall conform to the requirements for final maps.

      2.  The record of survey shall show:

      (a) All monuments found, set, reset, replaced or removed, describing their kind, size and location, and giving other data relating thereto.

      (b) Bearing or witness monuments, basis of bearings, bearing and length of lines, north indicator and scale of map.

      (c) Name and legal designation of tract or grant in which the survey is located and ties to adjoining tracts.

      (d) Memorandum of oaths.

      (e) Signature of surveyor.

      (f) Date of survey.

      (g) Name of person or persons for whom the survey was made.

      (h) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and area shown.


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

ê1973 Statutes of Nevada, Page 1776 (Chapter 793, SB 120)ê

 

      Sec. 20.  NRS 278.520 is hereby amended to read as follows:

      278.520  A record of survey is not required of any survey:

      1.  When it has been made by a public officer in his official capacity, has been filed by him as a permanent record [of his office,] in the office of the county recorder and is available for public inspections.

      2.  When it is of a preliminary nature.

      3.  When a map is in preparation for recording or [shall have] has been recorded under the provisions of NRS 278.010 to 278.630, inclusive, pertaining to subdivision maps.

      4.  When none of the evidence described in NRS 278.530 is discovered.

      Sec. 21.  NRS 278.530 is hereby amended to read as follows:

      278.530  Within 90 days after the establishment of points or lines, the registered land surveyor [or registered civil engineer] shall file with the county recorder of the county in which the survey was made a record of such survey relating to land boundaries or property lines, which discloses:

      1.  Material evidence, which in whole or in part does not appear on any map [or record] previously recorded or filed in the office of the county recorder [, county clerk, municipal or county surveying department] or in the records of the Bureau of Land Management.

      2.  A material discrepancy with such record.

      3.  Evidence that, by reasonable analysis, might result in alternate positions of lines or points.

      4.  The establishment of one or more lines not shown on any such map, the positions of which are not ascertainable from an inspection of such map without trigonometric calculations.

      Sec. 22.  NRS 278.560 is hereby amended to read as follows:

      278.560  1.  Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed to assure, together with monuments already existing, the perpetuation of facile reestablishment of any point or line of the survey.

      2.  Any monument set by a registered land surveyor [or registered civil engineer] to mark or reference a point on a property or landline shall be permanently and visibly marked or tagged with the certificate number of the surveyor [or civil engineer] setting it, each number to be preceded by the letters “R.L.S.” [or “R.E.,” respectively, as the case may be,] or, if the monument is set by the county surveyor, city surveyor or a public officer, it shall be marked with his official title.

      Sec. 23.  1.  Sections 6 and 12 of this act shall not become effective if Senate Bill 481 of the 57th session of the Nevada legislature becomes law.

      2.  Section 13 of this act shall not become effective if Senate Bill 442 of the 57th session of the Nevada legislature becomes law.

      3.  Section 13.5 of this act shall not become effective if Senate Bill 442 of the 57th session of the Nevada legislature does not become law.

      4.  Sections 18, 19, 20, 21 and 22 of this act shall not become effective if Senate Bill 124 of the 57th session of the Nevada legislature becomes law.

 


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ê1973 Statutes of Nevada, Page 1777 (Chapter 793, SB 120)ê

 

      Sec. 24.  This act shall become effective at 12:05 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 794, SB 635

Senate Bill No. 635–Committee on Federal, State and Local Governments

CHAPTER 794

AN ACT relating to county personnel; increasing salaries for elected county officers; providing longevity pay for elected county officers; limiting annual salaries of other county employees; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 244.045 is hereby amended to read as follows:

      244.045  Each county commissioner shall receive an annual salary in the amount specified in NRS 245.043 [.] and section 4 of this act.

      Sec. 2.  NRS 245.043 is hereby amended to read as follows:

      245.043  1.  As used in this section:

      (a) “County” includes Carson City.

      (b) “County commissioner” includes the mayor and supervisors of Carson City.

      2.  [On and after January 4, 1971, the] The elected officers of the counties of this state shall receive annual salaries in the base amounts specified in: [the following table. Such annual salaries shall not be increased or diminished during the term for which such county officers have been elected.]

      (a) Table 1 plus a special cost of living adjustment of 10 percent effective July 1, 1973, for service prior to January 6, 1975.

      (b) Table 2 for service on and after January 6, 1975.

The annual salaries shall be in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties shall be paid into the county treasury each month without deduction of any nature.

 


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

ê1973 Statutes of Nevada, Page 1778 (Chapter 794, SB 635)ê

 

Table 1.

ANNUAL SALARIES [AFTER JANUARY 4, 1971] PRIOR TO JANUARY 6, 1975

 

 

 

County

County Commissioner

District Attorney

 

Sheriff

 

County Clerk

County Assessor

County Recorder

County Treasurer

Class 1—Clark......

                     $8,400

       $22,000

  [$21,000]

$25,000

     $18,000

      $18,000

      $18,000

        $18,000

Class 2—Washoe        

                       7,800

         20,500

        19,000

 

       17,500

        17,500

        17,500

          17,500

Class 3—Carson City     

                       4,500

         14,600

        14,000

 

       14,000

        14,000

        14,000

            -------

                  Elko....

                       4,500

         14,000

        15,000

 

       14,000

        14,500

        14,000

          14,000

Class 4—Douglas 

                       4,200

         11,600

        11,600

 

       11,600

        11,600

        11,600

            -------

Class 5—White Pine     

                       4,000

         10,600

        11,400

 

       10,600

        10,600

        10,600

          10,600

Class 6—Humboldt   

                       4,000

           9,900

          9,900

 

         9,900

          9,900

          9,900

            9,900

                  Lyon...

                       4,000

           9,900

          9,900

 

         9,900

          9,900

          9,900

            -------

                  Nye.....

                       4,800

           9,900

          9,900

 

         9,900

          9,900

          9,900

           9,900

Class 7—Churchill

                       3,900

           9,600

          9,600

 

         9,600

          9,600

          9,600

            -------

                  Mineral                 

                       3,900

           9,600

          9,600

 

         9,600

          9,600

          9,600

            -------

Class 8—Pershing 

                       3,600

           9,200

          9,200

 

         9,200

          9,200

          9,200

            -------

                  Eureka

                       3,600

           9,000

          9,000

 

         9,000

          9,000

          9,000

            -------

                  Lander

                       3,600

           9,000

          9,000

 

         9,000

          9,000

          9,000

            9,000

                  Lincoln                 

                       3,600

           9,000

          9,000

 

         9,000

          9,000

          9,000

            9,000

Class 9—Esmeralda  

                       3,000

           8,400

          8,400

 

         8,400

         8,400

          8,400

            -------

                  Storey.

                       3,000

           8,400

          8,400

 

         8,400

          8,400

          8,400

            -------

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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ê1973 Statutes of Nevada, Page 1779 (Chapter 794, SB 635)ê

 

Table 2.

ANNUAL SALARIES AFTER JANUARY 6, 1975

 

Class

 

County

County Commissioner

District Attorney

 

Sheriff

County Clerk

County Assessor

County Recorder

County Treasurer

1

Clark.............................

                     $12,000

      $30,000*

    $30,000

   $23,000

    $23,000

    $23,000

    $23,000

2

Washoe.........................

                          9,000

        29,000*

       25,000

      22,000

       22,000

       22,000

       22,000

3

Carson City.................

                          6,600

         20,000

       19,000

      18,500

       18,500

       18,500

         --------

 

Elko...............................

                          6,600

         17,000

       17,000

      17,000

       17,000

       17,000

       17,000

 

Douglas........................

                          6,600

         17,000

       17,000

      17,000

       17,000

       17,000

         --------

4

Lyon..............................

                          6,000

         15,000

       15,000

      14,500

       14,500

       14,500

         --------

 

Mineral.........................

                          6,000

         16,000

       15,000

      14,500

       14,500

       14,500

         --------

 

Nye................................

                          6,000

         17,000

       16,000

      14,500

       14,500

       14,500

       14,500

 

White Pine...................

                          6,000

         15,000

       15,000

      14,500

       14,500

       14,500

       14,500

 

Churchill......................

                          6,000

         14,500

       14,500

      14,500

       14,500

       14,500

         --------

5

Humboldt.....................

                          5,000

         14,500

       13,000

      13,000

       13,000

       13,000

       13,000

6

Lincoln.........................

                          4,500

         12,600

       12,000

      10,800

       10,800

       10,800

       10,800

 

Storey............................

                          4,500

         12,600

       12,600

      10,800

       10,800

       10,800

         --------

 

Eureka..........................

                          4,500

         10,800

       10,800

      10,800

       10,800

       10,800

         --------

 

Lander..........................

                          4,500

         10,800

       10,800

      10,800

       10,800

       10,800

       10,800

 

Pershing.......................

                          4,500

        18,000*

       10,800

      10,800

       10,800

       10,800

         --------

 

Esmeralda....................

                          4,500

         10,800

       10,800

      10,800

       10,800

       10,800

         --------

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*Private Practice Prohibited

 

 

 

 

 

 


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

ê1973 Statutes of Nevada, Page 1780 (Chapter 794, SB 635)ê

 

      Sec. 3.  Chapter 245 of NRS is hereby amended by adding thereto the provisions set forth in sections 4 and 5 of this act.

      Sec. 4.  1.  On and after July 1, 1973, if an elected county officer has served in his office for more than 4 years, he shall receive an additional salary of 1 percent of his base salary provided in NRS 245.043 for each full calendar year he has served in his office. The additional longevity salary provided in this section shall not exceed 20 percent of the base salary provided in NRS 245.043.

      2.  Longevity pay under the provisions of this section shall be computed on the basis of full calendar years of service and, with the exception of those persons initially eligible on July 1, 1973, shall be computed only at the beginning of their terms of office. Those persons who would have been eligible to receive longevity pay at the beginning of their current terms shall receive such increment on July 1, 1973.

      Sec. 5.  On and after January 6, 1975, no county employee who is employed by or works under an elected county officer, other than a county commissioner, or district attorney who is permitted private practice, may receive an annual salary in excess of 95 percent of the base salary provided in NRS 245.043 for such elected county officer.

      Sec. 6.  NRS 246.050 is hereby amended to read as follows:

      246.050  County clerks shall receive annual salaries in the amounts specified in NRS 245.043 [.] and section 4 of this act.

      Sec. 7.  NRS 247.030 is hereby amended to read as follows:

      247.030  County recorders shall receive annual salaries in the amounts specified in NRS 245.043 [.] and section 4 of this act.

      Sec. 8.  NRS 248.025 is hereby amended to read as follows:

      248.025  Sheriffs shall receive annual salaries in the amounts specified in NRS 245.043 [.] and section 4 of this act.

      Sec. 9.  NRS 249.035 is hereby amended to read as follows:

      249.035  County treasurers shall receive annual salaries in the amounts specified in NRS 245.043 [.] and section 4 of this act.

      Sec. 10.  NRS 250.050 is hereby amended to read as follows:

      250.050  County assessors shall receive annual salaries in the amounts specified in NRS 245.043 [.] and section 4 of this act.

      Sec. 11.  NRS 252.040 is hereby amended to read as follows:

      252.040  District attorneys shall receive annual salaries in the amounts specified in NRS 245.043 [.] and section 4 of this act.

 

________


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

ê1973 Statutes of Nevada, Page 1781ê

 

CHAPTER 795, SB 599

Senate Bill No. 599–Committee on Federal, State and Local Governments

CHAPTER 795

AN ACT relating to city ordinances; permitting the governing body of an incorporated city to determine whether the violation of an ordinance imposes a civil liability instead of a criminal sanction.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The governing body of an incorporated city may by ordinance provide that the violation of a particular ordinance of such governing body imposes a civil liability to the city in an amount not to exceed $500 instead of a criminal sanction.

 

________

 

 

CHAPTER 796, SB 581

Senate Bill No. 581–Committee on Commerce and Labor

CHAPTER 796

AN ACT relating to unemployment compensation; providing guarantees for payment of employer contributions in certain contractor-subcontractor situations; adding to conditions resulting in disqualification for benefits; lowering the balance required in the unemployment compensation fund prior to assignment of reduced employer contribution rates; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section<