Link to Page 480

 

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ê1975 Statutes of Nevada, Page 481ê

 

CHAPTER 338, SB 107

Senate Bill No. 107–Committee on Government Affairs

CHAPTER 338

AN ACT relating to state government; authorizing the governor to enter into mutual or reciprocal aid agreements with other governmental entities for police services; and providing other matters properly relating thereto.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  Chapter 223 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The governor may, on behalf of this state, enter into mutual or reciprocal aid agreements or compacts with other states or the Federal Government, either on a statewide or political subdivision basis. Prior to committing the personnel, equipment or facilities of any political subdivision of this state the governor shall consult with and obtain the approval of the law enforcement executive and the chief executive of each of the political subdivisions affected.

      2.  Such agreements shall be limited to furnishing or exchange of:

      (a) Police services;

      (b) Personnel necessary to provide or conduct such services; and

      (c) Such other supplies, equipment, facilities, personnel and services as are needed to support such services.

      3.  The agreements may relate to the terms and conditions of mutual or reciprocal aid and to reimbursement of costs and expenses for equipment, supplies, personnel and similar items for mobile support units and police units.

      4.  Any such agreement may not extend beyond the elected term of the governor of this state who entered into such agreement.

 

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CHAPTER 339, SB 180

Senate Bill No. 180–Committee on Finance

CHAPTER 339

AN ACT making an appropriation to the division of travel and tourism of the department of economic development to implement an advertising campaign to attract tourists to Nevada; and providing other matters properly relating thereto.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury to the division of travel and tourism of the department of economic development the sum of $200,000 to implement an advertising campaign to attract tourists to Nevada.


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ê1975 Statutes of Nevada, Page 482 (Chapter 339, SB 180)ê

 

      Sec. 2.  After June 30, 1977, the unexpended balance of the appropriation made in section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.

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

 

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CHAPTER 340, SB 188

Senate Bill No. 188–Committee on Finance

CHAPTER 340

AN ACT making an additional and supplemental appropriation from the general fund in the state treasury to the Western Nevada community college for the purpose of purchasing library books; and providing other matters properly relating thereto.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  For the fiscal year ending June 30, 1975, there is hereby appropriated from the general fund in the state treasury to the Western Nevada community college the sum of $200,000 for the purpose of purchasing library books as an additional and supplemental appropriation to that allowed and made by section 26 of chapter 769, Statutes of Nevada 1973.

      Sec. 2.  After June 30, 1977, the unexpended balance of the appropriation made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.

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

 

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CHAPTER 341, SB 142

Senate Bill No. 142–Committee on Finance

CHAPTER 341

AN ACT making an appropriation from the general fund in the state treasury to the state board of examiners for the purpose of paying costs of bond counsel, issuance of the prospectus and printing of the bonds connected with the proposed issue of state park bonds.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury to the state board of examiners the sum of $8,000 for the purpose of paying the costs of bond counsel, issuance of the prospectus and printing of the bonds connected with the proposed issue of state park bonds in the amount of $1,200,000.

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

 

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ê1975 Statutes of Nevada, Page 483ê

 

CHAPTER 342, AB 80

Assembly Bill No. 80–Committee on Government Affairs

CHAPTER 342

AN ACT relating to milk and milk products; providing that milk and milk products imported from outside the State of Nevada may be sold in this state without inspection by the health division of the department of human resources if certain requirements are satisfied; authorizing the health division to conduct certain inspections; transferring the power to deny, suspend or revoke sellers’ permits from the state board of health to the health division; increasing the length of time milk samples must be retained by the milk tester; and providing other matters properly relating thereto.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  NRS 584.205 is hereby amended to read as follows:

      584.205  1.  In addition to the initial inspection of new applicants, the state board of health shall, except as provided in subsection 2, direct a periodic inspection, not less than annually, of all facilities belonging to permittees in order to ascertain whether or not the services, facilities and equipment continue to comply with the regulations referred to in NRS 584.180 and 584.195.

      2.  Milk and milk products imported from outside the State of Nevada may be sold in this state without inspection by the health division of the department of human resources if:

      (a) The milk and milk products have been produced, pasteurized, processed, transported and inspected under statutes or regulations substantially equivalent to the Nevada milk and milk products statutes and regulations; and

      (b) The milk and milk products have been awarded an acceptable milk sanitation, compliance and enforcement rating by a state milk sanitation rating officer certified by the United States Public Health Service.

      3.  Whenever the health division has reasonable grounds to believe that a seller of milk or milk products is violating any of the rules, regulations or specifications promulgated by the state board of health relating to the sanitation and grading of milk and milk products, or that his facilities or products fail to meet the rules, regulations or specifications, or that his operation is in any other manner not in the best interests of the people of this state, the health division may conduct a reasonable inspection, and if any violation or other condition inimical to the best interests of the people of this state is found, to take corrective action pursuant to NRS 584.180 to 584.210, inclusive.

      Sec. 2.  NRS 584.210 is hereby amended to read as follows:

      584.210  1.  Whenever the health division of the department of human resources [shall have] has reasonable grounds to believe that any applicant or permittee under NRS 584.180 to 584.210, inclusive, is violating any of the provisions of NRS 584.180 to 584.210, inclusive, or any of the rules, regulations or specifications promulgated by the state board of health relative to the sanitation and grading of milk and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet such regulations or are not reliable or are questionable, or when the health division determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the [state board of health is authorized and empowered,] health division of the department of human resources may, after a hearing, [to] refuse to grant a permit or suspend or revoke any or all permits previously issued.


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ê1975 Statutes of Nevada, Page 484 (Chapter 342, AB 80)ê

 

products do not meet such regulations or are not reliable or are questionable, or when the health division determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the [state board of health is authorized and empowered,] health division of the department of human resources may, after a hearing, [to] refuse to grant a permit or suspend or revoke any or all permits previously issued.

      2.  The [board] health division shall cite the permittee, upon notice stating reasons and given not less than 10 days prior to the date set for the hearing, to appear and show cause, if any he has, why the permit should not be revoked or suspended. The permittee cited to appear and show cause shall have the right to file an answer, to appear and be heard in person and by counsel, and to present evidence at such hearing.

      3.  The [board shall have the power to] health division may conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents, and [to] provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.

      4.  If, upon hearing, the [board] health division is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the [board shall have the power to] health division may revoke or suspend the permit summarily.

      5.  The findings of the [board] health division and the judgment or order shall be reduced to writing and filed in the permanent public records of the [board.] health division. The findings shall state the reasons why the application for a permit was disapproved or the permit was suspended or revoked. Copies shall be furnished to the applicant or permittee, and he may, within [30] 15 days after the denial, suspension or revocation of the permit, file an appeal with the state board of health. Within 30 days after the final decision of the board, he may file for judicial review thereof in the district court of the county wherein he resides or has, or intends to have, his principal place of business within this state. Upon the filing [of the appeal,] for appeal or review, the enforcement of the [board’s] health division’s order shall be stayed pending final disposition of the [appeal.] matter. If the order is judicially affirmed, it shall become final and conclusive and the stay of enforcement shall be automatically vacated.

      6.  In any case where the [board] health division refuses to issue a permit, or suspends or revokes a permit, the applicant or accused [shall have] has the right to submit another application for the consideration of the [board.] health division.

      Sec. 3.  NRS 584.245 is hereby amended to read as follows:

      584.245  A licensed tester also shall retain in testable condition a sample of all milk or cream so tested by him for a period of not less than [24] 72 hours after such tests of milk or cream have been made. The tester shall be responsible for the safekeeping of such samples of milk or cream and shall retain the same in his custody for such period of time.

 

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ê1975 Statutes of Nevada, Page 485ê

 

CHAPTER 343, SB 311

Senate Bill No. 311–Senators Brown, Gibson, Dodge, Close, Monroe, Lamb, Bryan, Wilson, Blakemore, Neal, Gojack, Echols, Walker, Sheerin, Young, Raggio, Foote, Hilbrecht, Herr and Schofield

CHAPTER 343

AN ACT relating to property tax assistance for senior citizens of limited incomes; expanding the class of recipients eligible thereunder; providing a penalty; making an appropriation; and providing other matters properly relating thereto.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2.  “Senior citizen” means any person who is a resident of this state and will attain the age of 62 years on or prior to the first day of the assessment year for which he submits a claim.

      Sec. 3.  1.  A claim may be filed with the assessor of the county in which the claimant’s home is located.

      2.  The claim shall be made under oath or affirmation and filed in such form and content, and accompanied by such proof, as the commission may prescribe pursuant to NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act.

      3.  The county assessor shall furnish the appropriate form or forms to each claimant.

      Sec. 4.  1.  A claim of a homeowner whose home is placed upon the secured tax roll may be filed between January 15 and March 15, inclusive, of each assessment year as to which he seeks assistance.

      2.  A claim of a homeowner whose home is placed upon the unsecured tax roll may be filed between January 15 and March 15, inclusive, next preceding each assessment year as to which he seeks assistance.

      3.  A claim of a home renter may be filed between July 1 and August 15, inclusive, next following the assessment year during which he occupied and rented his home.

      Sec. 5.  The county assessor shall examine each homeowner’s claim, granting or denying it, and if granted, shall determine the percentage discount to which the claimant is entitled.

      Sec. 6.  By not later than May 1 of the assessment year, the county assessor shall furnish the auditor of his county with a statement showing the property description or parcel number, name and address of claimant, and the percentage discount for each claim granted for the assessment year under subsection 1 of NRS 361.833 to a claimant whose home is placed upon the secured tax roll.

      Sec. 7.  1.  After the county auditor extends the secured tax roll, he shall adjust the roll to show the percentage discounts, the dollar allowances and the amounts of tax, if any, remaining due as a result of homeowners’ claims granted under subsection 1 of NRS 361.833.

      2.  By not later than June 1 of the assessment year, the county auditor shall deliver the extended tax roll, so adjusted, to the ex officio tax receiver of the county and shall also send the commission a statement itemizing the adjustments.


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ê1975 Statutes of Nevada, Page 486 (Chapter 343, SB 311)ê

 

      Sec. 8.  1.  The ex officio tax receiver of the county shall make such corresponding adjustments to the individual property tax bills, prepared from the secured tax rolls, as are necessary to notify the homeowners of the allowances granted them under subsection 1 of NRS 361.833.

      2.  After June 1, but not later than June 15, of each assessment year, the ex officio tax receiver shall send a demand to the commission for reimbursement of his county in the aggregate amount of such homeowners’ allowances granted for that year.

      Sec. 9.  1.  After granting the claim of a homeowner whose home is placed upon the unsecured roll, the county assessor shall determine the amount of assistance to be allowed the claimant under subsection 2 of NRS 361.833 and shall credit the claimant’s individual property tax account accordingly.

      2.  The county assessor shall send the commission a statement itemizing the allowances furnished to each such claimant for each assessment year and shall demand reimbursement of the county in the aggregate amount of the allowances.

      Sec. 10.  Upon receiving a home renter’s claim, the county assessor shall forward it to the commission.

      Sec. 11.  1.  Upon verification and audit of each statement from a county concerning homeowners’ claims granted for an assessment year, the commission shall authorize reimbursement of the county by the state.

      2.  The reimbursement shall be paid out of the funds appropriated to the senior citizens’ property tax assistance account, in the same manner as other moneys in the state treasury are disbursed.

      3.  The reimbursement due on a statement submitted under subsection 2 of section 7 of this act shall be authorized by the commission not later than July 31 next following the assessment year for which the allowances are granted. Warrants for such reimbursement shall be issued to the ex officio tax receiver of the county not later than August 15 of each such year.

      4.  The reimbursement due on a statement submitted under subsection 2 of section 9 of this act shall be authorized promptly by the commission. Warrants for such reimbursement shall be issued to the county ex officio tax receiver.

      5.  If, prior to issuing a county’s reimbursement, the commission disallows through audit any claim a county assessor has allowed, the commission shall adjust the county’s reimbursement accordingly. In the event the commission has already reimbursed the county for its statement of claims, the commission shall make a demand on the county for the return of that amount of overpayment. If the county fails to return the overpayment within a reasonable time after demand, the commission may bring a civil action to recover such overpayment or, in the alternative, may withhold the amount of the overpayment from subsequent reimbursements.

      6.  If the commission determines that audits of claims are needed for the purpose of determining if a county assessor accurately processed claims and calculated discounts, and if commission personnel are not capable of auditing a sufficient number of the claims, then the commission may expend not more than $20,000 of the moneys in the senior citizens’ property tax assistance account for the purpose of contracting with qualified individuals to assist in conducting such audit.


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ê1975 Statutes of Nevada, Page 487 (Chapter 343, SB 311)ê

 

      Sec. 12.  Upon verification and audit of each home renter’s claim for an assessment year, and not later than November 15 next following that year, the commission shall authorize the claim to be paid by the state from the funds appropriated to the senior citizens’ property tax assistance account, in the same manner as other moneys in the state treasury are disbursed. Warrants for the amounts determined to be due on the home renters’ claims shall be issued directly to the individual claimants.

      Sec. 13.  No right to assistance under NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act survives the death of the claimant except where his claim has been submitted prior to death.

      Sec. 14.  Any grant of assistance under an improper claim may be revoked by the county assessor or commission within 2 years after the filing of the claim. When a grant is revoked, the claimant shall make restitution to the state or county for any assistance he has received under the improper claim, and the state or the county shall take all proper action to collect the amount of the assistance as a debt.

      Sec. 15.  Any person who in order to secure for himself or another the assistance provided in NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act willfully makes a materially false statement is guilty of a gross misdemeanor.

      Sec. 16.  NRS 361.800 is hereby amended to read as follows:

      361.800  NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act shall be known and may be cited as the Senior Citizens’ Property Tax Assistance Act.

      Sec. 17.  NRS 361.803 is hereby amended to read as follows:

      361.803  1.  The legislature finds that:

      (a) Senior citizens of this state live, as a rule, on limited retirement incomes which remain fixed while property taxes and other costs constantly rise.

      (b) The erosion of senior citizens’ income in terms of true value threatens to destroy the ability of many to retain ownership of the homes in which they had planned to spend their later years.

      (c) Senior citizens are often forced to divert an excessive portion of their incomes into the property taxes on their homes, thus leaving insufficient funds for other things essential to their well-being.

      (d) Many senior citizens who rent their homes also pay an excessive portion of their income into property taxes through the media of rent payments.

      (e) Fifteen percent of the rent senior citizens pay for the occupancy of their homes approximates their contribution toward residential property taxes.

      2.  The legislature therefore declares that:

      (a) It is the public policy of this state to provide assistance to its senior citizens who are carrying an excessive residential property tax burden in relation to income.

      (b) The purpose of NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act is to provide relief to eligible senior citizens, through a system of property tax refunds and [appropriations] transfers from the senior citizens’ property tax assistance [fund and to provide the several counties with the option to participate in providing such relief.]


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ê1975 Statutes of Nevada, Page 488 (Chapter 343, SB 311)ê

 

provide the several counties with the option to participate in providing such relief.] account.

      Sec. 18.  NRS 361.805 is hereby amended to read as follows:

      361.805  For purposes of NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act, the terms listed in NRS 361.807 to 361.830, inclusive, have the meanings ascribed to them in such sections.

      Sec. 19.  NRS 361.810 is hereby amended to read as follows:

      361.810  “Claim” means an application for senior citizens’ property tax assistance made pursuant to NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act, and a “claimant” is a person who files [a claim under NRS 361.800 to 361.877, inclusive, and who, at the time of filing his claim, is 65 years of age or over and is domiciled in this state.] such an application. When two individuals of a household are able to meet the qualifications for a claimant, they may determine between them as to who the claimant shall be. If they are unable to agree, the matter shall be referred to the secretary of the Nevada tax commission and his decision shall be final. In no event should there be more than one claim filed for any home.

      Sec. 20.  NRS 361.815 is hereby amended to read as follows:

      361.815  1.  “Home” means residential living quarters located in Nevada. The quarters may consist of a single dwelling unit, or a unit which is an integral part of a larger complex such as a multidwelling or a multipurpose building, together with the land upon which the unit is built and any surrounding land, not to exceed 1 acre, as well as out-buildings and facilities reasonably necessary for use of the unit as residential living quarters.

      2.  The term “home” includes: [a]

      (a) A mobile home. [Home also includes that]

      (b) That home, mobile home or dwelling of which the claimant is in possession under a contract of sale, deed of trust, life estate, joint tenancy or tenancy in common.

      (c) Group care facilities required to be licensed by the health division of the department of human resources, pursuant to NRS 449.001 to 449.240, inclusive.

      Sec. 21.  NRS 361.833 is hereby amended to read as follows:

      361.833  [Subject to the limitations contained in NRS 361.800 to 361.877, inclusive, a claimant is entitled to a refund from the state in an amount equal to the amount by which the accrued property taxes upon his home exceed 7 percent of his household income. In no event shall the refund from the state exceed the amount of the accrued property tax or $300, whichever is less.]

      1.  A senior citizen whose home is placed upon the secured tax roll, who owns and occupies the home the day he files his claim and whose household income is not over $10,000 is entitled to an allowance against the property tax accrued during that assessment year against his home to the extent determined by discounting such tax by the percentage shown opposite his household income range on the schedule below:


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ê1975 Statutes of Nevada, Page 489 (Chapter 343, SB 311)ê

 

                                                                                                                    PERCENT TAX

                                    INCOME RANGE                                            Percent of Claimant’s

                                  If the Amount of                                                        Property tax

                           Applicant’s Household              But Not                Accrued Allowable

                                   Income Is Over                        Over                      as Assistance Is

                                           $0                    —           $999                                       90

                                      1,000                    —          1,999                                       80

                                      2,000                    —          2,999                                       65

                                      3,000                    —          3,999                                       55

                                      4,000                    —          4,999                                       45

                                      5,000                    —          5,999                                       40

                                      6,000                    —          6,999                                       30

                                      7,000                    —       10,000                                       10

 

      2.  A senior citizen whose home is placed upon the unsecured tax roll, who owns and occupies the home on the date he files his claim and whose household income is not over $10,000 is entitled to an allowance against the personal property tax which accrues against his home in the next following assessment year to the extent determined by discounting such tax in accordance with the schedule in subsection 1.

      3.  In no event shall the discount or refund exceed the amount of the accrued property tax paid by the claimant or $300, whichever is less.

      Sec. 22.  NRS 361.835 is hereby amended to read as follows:

      361.835  A [claimant] senior citizen who rents and occupies his home for an entire assessment year, [and] who remains in the same home for at least 6 months of that year and whose household income is not over $10,000 is entitled to the same [refund,] percentage discount, but only with respect to that portion of his rent which is rent deemed to constitute accrued property tax, as is provided for a homeowner under NRS 361.833.

      Sec. 22.5.  NRS 361.843 is hereby amended to read as follows:

      361.843  [No claim shall be accepted by the Nevada tax commission if the claimant owes delinquent property taxes on the property which is claimed as a home and which became delinquent while the claimant owned such home.] If any claimant is entitled to a discount or a refund pursuant to NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act and at the time is delinquent in any property taxes on the property claimed as a home, the amount of the discount or refund shall apply as a credit against such delinquent taxes.

      Sec. 23.  NRS 361.850 is hereby amended to read as follows:

      361.850  A claimant may receive assistance under NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act though such claimant also receives a property tax exemption as a widow, blind person or veteran.

      Sec. 24.  NRS 361.853 is hereby amended to read as follows:

      361.853  1.  [Funds to carry out the provisions of NRS 361.800 to 361.877, inclusive,] Moneys to pay for assistance granted to senior citizens under NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act shall be provided by legislative appropriation from the general fund in the state treasury.


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ê1975 Statutes of Nevada, Page 490 (Chapter 343, SB 311)ê

 

the general fund in the state treasury. The moneys so appropriated shall be [deposited in] transferred to an account in the general fund to be known as the senior citizens’ property tax assistance [fund.] account.

      2.  [All refunds shall be made by warrants drawn by the state controller upon the senior citizens’ property tax assistance fund.

      3.  Any unexpended funds remaining in the senior citizens’ property tax assistance fund after all claims have been paid shall remain in such fund and shall not revert to the general fund.

      4.  Refunds shall be mailed to the claimant on or before the 1st Monday in November following receipt by the commission of the claim. If the secretary of the commission authorizes a late filing of a claim, the refund shall be mailed not later than 30 days after receipt of such claim by the commission.

      5.]  The secretary of the commission [shall] may, from time to time, obtain from the state controller a statement of the balance in the senior citizens’ property tax assistance [fund on September 1 of each year.] account. The secretary shall provide for full refunds of all just claims, [under the provisions of NRS 361.833,] provided that the total amount of such claims does not exceed the [September 1 fund balance.] balance in the account. The secretary shall proportionately reduce each claim when the total amount of all claims exceeds the [September 1 fund balance.] balance in the account. Moneys for the administration of NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act shall be provided by legislative appropriation and transfer to the senior citizens’ property tax assistance account. From this account the sum of $2 shall be allowed to each county assessor for each homeowner’s claim filed and $2 to the commission for each home renter’s claim forwarded to it.

      Sec. 24.5.  NRS 361.865 is hereby amended to read as follows:

      361.865  A claim shall be disallowed if the secretary of the Nevada tax commission finds that the claimant received title to his home primarily for the purpose of obtaining benefits under the provisions of NRS 361.800 to 361.877, inclusive [.] , and sections 2 to 15, inclusive, of this act. If such a claimant has received a refund and if he does not repay it together with a 10 percent penalty to the state, the refund amount and penalty shall be assessed against the property claimed as his home.

      Sec. 25.  NRS 361.870 is hereby amended to read as follows:

      361.870  1.  Any claimant aggrieved by a county assessor’s decision which denies assistance claimed under NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act may have a review of the denial before the secretary of the commission if within 30 days after the claimant receives notice of the denial he submits a written petition for review to the commission.

      2.  Any [person] claimant aggrieved by the denial in whole or in part of relief claimed under NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act, or by any other final action or review of the secretary of the Nevada tax commission, is entitled to judicial review thereof. Proceedings for such review must be instituted within 30 days after the claimant has received notice of such final action.

      Sec. 26.  NRS 361.873 is hereby amended to read as follows:


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ê1975 Statutes of Nevada, Page 491 (Chapter 343, SB 311)ê

 

      361.873  1.  The commission is responsible for the overall administration of NRS 361.800 to 361.877, inclusive [.] , and sections 2 to 15, inclusive, of this act.

      2.  The commission may:

      (a) Specify by regulation any other kind of income for the purpose of NRS 361.823.

      (b) Prescribe the content and form of claims.

      (c) Designate the kind of proof to be required for substantiation of claims.

      (d) Establish criteria for determining when a claim may be filed by one eligible person without the consent of all others eligible in the same household for the same assessment year.

      (e) Prescribe that a claimant’s ownership of his home must be shown of record.

      (f) Provide by regulation that a vendee in possession of his home under an installment sale contract and responsible for paying the property taxes on the home is eligible to claim assistance as a homeowner.

      (g) Limit the computation of benefits to the nearest dollar and limit issuance of warrants to $5 or over.

      (h) Verify and audit any claims, statements or other records made pursuant to this act.

      (i) Adopt and promulgate regulations to safeguard the confidentiality of information supplied by claimants.

      (j) Provide by regulation for a limited extension of time to file a claim in cases of hardship.

      (k) Adopt and promulgate such other regulations as may be required to effectuate the purposes of NRS 361.800 to 361.877, inclusive [.] , and sections 2 to 15, inclusive, of this act.

      Sec. 27.  NRS 361.875 is hereby amended to read as follows:

      361.875  All functions of the commission under NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act are subject to the Nevada Administrative Procedure Act (chapter 233B of NRS).

      Sec. 28.  NRS 361.877 is hereby amended to read as follows:

      361.877  No person may publish, disclose or use any personal or confidential information contained in a claim except for purposes connected with the administration of NRS 361.800 to 361.877, inclusive [.] , and sections 2 to 15, inclusive, of this act.

      Sec. 29.  NRS 361.837, 361.840, 361.847, 361.855, 361.857 and 361.863 are hereby repealed.

      Sec. 30.  There is hereby appropriated from the general fund in the state treasury for senior citizens’ property tax assistance:

      1.  For the fiscal year 1975-76, the sum of $1,200,000.

      2.  For the fiscal year 1976-77, the sum of $1,200,000.

      Sec. 30.5.  1.  Notwithstanding the provisions of section 4 of this act, any claim of a homeowner, whose home is placed on either the secured or the unsecured tax roll, may be filed, for the first year, on or before June 1, 1975.

      2.  If a claimant, on or before December 31, 1975, can satisfy the secretary of the Nevada tax commission that good cause exists for a late filing of any claim the secretary of the Nevada tax commission may accept and process such claim and authorize a refund, to such claimant, from the moneys appropriated to the senior citizens’ property tax assistance account calculated pursuant to NRS 361.833.


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

ê1975 Statutes of Nevada, Page 492 (Chapter 343, SB 311)ê

 

and process such claim and authorize a refund, to such claimant, from the moneys appropriated to the senior citizens’ property tax assistance account calculated pursuant to NRS 361.833.

      Sec. 31.  Chapter 197, Statutes of Nevada 1975 is hereby repealed.

      Sec. 32.  On July 1, 1975, any moneys remaining in the senior citizens’ property tax assistance fund shall revert to the state general fund.

      Sec. 33.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 344, AB 47

Assembly Bill No. 47–Assemblymen Howard, Jacobsen and Young

CHAPTER 344

AN ACT relating to agricultural products and seeds; providing assessments for the conduct of alfalfa seed research and promotional projects; creating an alfalfa seed advisory board; establishing an alfalfa seed research and promotion fund; and providing other matters properly relating thereto.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  Chapter 587 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2.  As used in sections 3 to 14, inclusive, of this act unless the context requires otherwise:

      1.  “Advisory board” means the alfalfa seed advisory board.

      2.  “Alfalfa seed” means the seed that is harvested from any variety of alfalfa plant.

      3.  “Dealer” means any person, partnership, association, corporation, cooperative or other business unit or device that first handles, packs, ships, buys and sells alfalfa seed.

      4.  “Department” means the state department of agriculture of the State of Nevada.

      5.  “Grower” means any landowner personally engaged in growing alfalfa seed, or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper or any and all other business units, devices or arrangements that grow alfalfa seed.

      Sec. 3.  The alfalfa seed advisory board consisting of seven members is hereby created.

      Sec. 4.  1.  Six members of the advisory board shall be:

      (a) Citizens of the United States;

      (b) Residents of the State of Nevada; and

      (c) Alfalfa seed growers actively engaged in the growing and producing of alfalfa seed in the State of Nevada with a substantial portion of their income derived from growing alfalfa seed.

      2.  One member of the board shall be:

      (a) A citizen of the United States; and


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

ê1975 Statutes of Nevada, Page 493 (Chapter 344, AB 47)ê

 

      (b) A dealer who is and has been actively engaged as a dealer in alfalfa seed in the State of Nevada.

      Sec. 5.  1.  The members of the advisory board shall serve without pay.

      2.  Each member shall be entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.

      Sec. 6.  The advisory board shall have:

      1.  Only such powers and duties as are authorized by law; and

      2.  The following powers and duties:

      (a) To elect a chairman and such other officers as they deem advisable.

      (b) To prepare a budget or budgets covering anticipated income and expenses for utilization of the funds deposited to the alfalfa seed research and promotion fund.

      (c) To adopt procedures for filing with the advisory board any proposed alfalfa seed research projects or market promotion projects.

      (d) To prepare and present to the state board of agriculture a program for research in the production, harvesting, processing, distribution and market promotion of alfalfa seed. The program shall recommend an individual or agency to conduct or manage each project, recommend the time period for each project and shall recommend the budget allocation.

      Sec. 7.  1.  The state board of agriculture shall have the following powers and duties:

      (a) To appoint the members of the advisory board, to fix their term of office and to fill all vacancies.

      (b) To establish procedures for the Nevada alfalfa seed industry to recommend persons for appointment to the advisory board.

      (c) To accept grants, donations, and gifts for expenditure for any purpose consistent with sections 2 to 14, inclusive, of this act. All funds so received shall be credited to the alfalfa seed research and promotion fund.

      (d) To administer, enforce and control the collection of assessments levied for the alfalfa seed research and promotion fund.

      (e) To authorize payments from the alfalfa seed research and promotion fund upon the recommendation of the advisory board.

      (f) To contract with individuals or agencies for the conduct or management of research and market promotion projects.

      (g) To adopt regulations to carry out the provisions of sections 3 to 14, inclusive, of this act.

      2.  Moneys from the state general fund shall not be utilized by the state board of agriculture in implementing the provisions of sections 2 to 14, inclusive, of this act. Expenditures for such purposes shall be made only from the alfalfa seed research and promotion fund created by section 15 of this act, and shall be subject to the limitations stated in such section.

      Sec. 8.  1.  The department shall, on or before August 1 of each year, fix an annual special assessment not to exceed 50 cents per hundred weight of alfalfa seed to be levied upon all alfalfa seed grown in this state. The department shall collect the assessment and transmit the proceeds to the state treasurer for credit to the alfalfa seed research and promotion fund.


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

ê1975 Statutes of Nevada, Page 494 (Chapter 344, AB 47)ê

 

      2.  On or before June 30 of each year, any person who has paid the special assessment levied pursuant to this section may file a claim for refund with the department, accompanied by a receipt showing such payment. Upon verification of the correctness of the claim, the department shall transmit it to the state controller for payment from the alfalfa seed research and promotion fund.

      Sec. 9.  All assessments levied pursuant to the provisions of section 8 of this act shall be paid to the department by the person, either grower or dealer, by whom the alfalfa seed was first handled in the primary channels of the trade and shall be paid within 60 days after the date on which the grower received payment for the alfalfa seed. If the person first handling the alfalfa seed in the primary channels of trade is a person other than the grower, he may charge against or recover from the grower the full amount of any assessment paid by him under section 8 of this act.

      Sec. 10.  Any grower or dealer who fails to file a return or to pay any assessment pursuant to section 8 of this act within the time required shall forfeit to the department a penalty of 5 percent of the amount of the assessment due and 1 percent of the assessment due for each month of delay or fraction thereof after the end of the month in which such return was required to be filed or in which such assessment become due. The department, if satisfied the delay was excusable, may remit all or any part of the penalty. The penalty shall be paid to the department and deposited for credit to the alfalfa seed research and promotion fund.

      Sec. 11.  Any assessment levied shall constitute a personal debt of every person so assessed. If such person fails to pay the assessment, including all penalties, the department may, at any time within 3 years from the date of delinquency, maintain a civil action against such person to recover the amount of such delinquent assessment and penalties.

      Sec. 12.  1.  Every dealer shall maintain accurate records of all Nevada alfalfa seed handled, packed, shipped or processed by him.

      2.  The records shall be:

      (a) In such form and contain such information as the state board of agriculture may require;

      (b) Preserved for a period of 2 years; and

      (c) Subject to inspection at any reasonable time at the request of the state board of agriculture or of the department.

      Sec. 13.  Alfalfa seed growers who ship their alfalfa seed directly to dealers outside the State of Nevada shall remit assessment fees to and file such reports as are required with the department.

      Sec. 14.  Any person who violates any of the provisions of sections 2 to 14, inclusive, of this act is guilty of a misdemeanor.

      Sec. 15.  Chapter 561 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The alfalfa seed research and promotion fund is hereby created. The proceeds of the special assessment levied pursuant to section 8 of this act shall be credited to the alfalfa seed research and promotion fund and all refunds made pursuant to section 8 of this act shall be paid from the alfalfa seed research and promotion fund.

      2.  Expenditures from the alfalfa seed research and promotion fund shall be made only for:


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

ê1975 Statutes of Nevada, Page 495 (Chapter 344, AB 47)ê

 

      (a) Alfalfa seed research and marketing promotion programs;

      (b) Administrative, per diem and travel expenses of the alfalfa seed advisory board; and

      (c) Reimbursement to the department for administrative expenses of the department, not to exceed 5 percent of the assessments collected.

      3.  Fund transactions shall be accounted for in accordance with the generally accepted accounting principles for special revenue funds and the provisions of the fiscal and accounting procedures law.

 

________

 

 

CHAPTER 345, SB 521

Senate Bill No. 521–Committee on Judiciary

CHAPTER 345

AN ACT relating to administrative procedure; clarifying entitlement to seek judicial review of a final decision in a contested case.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  NRS 233B.130 is hereby amended to read as follows:

      233B.130  1.  Any [person] party aggrieved by a final decision in a contested case is entitled to judicial review thereof under this chapter. [Nothing in this section shall be deemed to] This section does not limit utilization of trial de novo review where provided by statute, but this section [shall provide] provides alternative means of review in those cases. Any preliminary, procedural or intermediate agency act or ruling [shall be] is immediately reviewable in any case in which review of the final agency decision would not provide an adequate remedy.

      2.  Proceedings for review shall be instituted by filing a petition in the district court in and for Carson City, in and for the county in which the aggrieved party resides, or in and for the county where the act on which the proceeding is based occurred, within 30 days after the service of the final decision of the agency or, if a rehearing is held, within 30 days after the decision thereon. Copies of the petition shall be served upon the agency and all other parties of record.

 

________

 


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

ê1975 Statutes of Nevada, Page 496ê

 

CHAPTER 346, SB 475

Senate Bill No. 475–Committee on Government Affairs

CHAPTER 346

AN ACT relating to the registration of electors in incorporated cities; requiring county registrars of voters to deposit receipts from cities for services rendered in the general fund of the county; and providing other matters properly relating thereto.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  NRS 293.583 is hereby amended to read as follows:

      293.583  1.  As full compensation for all services rendered under the provisions of NRS 293.570 to 293.580, inclusive, the county registrar shall be entitled to receive on behalf of the county the sum of 15 cents for each name of an elector copied by him, regardless of the number of times each name is copied.

      2.  His account shall be:

      (a) A valid claim against the city.

      (b) Made out so as to show clearly the number of names copied by him.

      (c) Sworn to and filed with the city council or other governing body of the city.

      3.  His claim, together with all other just and reasonable demands of other persons for books, advertising and supplies necessarily incurred in carrying out the requirements of NRS 293.570 to 293.580, inclusive, shall be audited and paid out of the general fund of the city.

      4.  All moneys received by the county registrar pursuant to this section shall be deposited by him to the credit of the general fund of the county.

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

 

________

 

 

CHAPTER 347, SB 426

Senate Bill No. 426–Senators Herr and Raggio

CHAPTER 347

AN ACT relating to the bicentennial commission; providing that on termination of the commission all its historical records shall be transferred to the division of state, county and municipal archives in the office of the secretary of state.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  NRS 233E.140 is hereby amended to read as follows:

      233E.140  The commission shall be terminated on June 30, 1977. All historical [property] records of the commission shall then be transferred to the [Nevada historical society.] division of state, county and municipal archives in the office of the secretary of state.

 

________

 


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

ê1975 Statutes of Nevada, Page 497ê

 

CHAPTER 348, SB 423

Senate Bill No. 423–Committee on Finance

CHAPTER 348

AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $500,000.

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

 

________

 

 

CHAPTER 349, SB 370

Senate Bill No. 370–Committee on Finance

CHAPTER 349

AN ACT relating to the state board of education; providing compensation for members while attending meetings of the board; and providing other matters properly relating thereto.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  NRS 385.050 is hereby amended to read as follows:

      385.050  1.  [The members of the state board of education shall receive no compensation for their services.

      2.  Members shall be allowed their traveling and subsistence expenses incurred in attending meetings of the board at the rate authorized by law.] Each member of the state board of education shall receive:

      (a) Compensation of not more than $40 per day for attending each meeting of the board, not to exceed 8 meetings in any calendar year; and

      (b) His traveling and subsistence expenses as provided by law while attending meetings of the board.

      2.  Claims for compensation and expenses shall be approved by the superintendent of public instruction and the state board of examiners, and shall be [allowed and] paid from funds provided by direct legislative appropriation from the state general fund as other claims against the state are [allowed and] paid.

 

________

 


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

ê1975 Statutes of Nevada, Page 498ê

 

CHAPTER 350, SB 348

Senate Bill No. 348–Senator Walker

CHAPTER 350

AN ACT authorizing the state land register to exchange or sell certain state real property situated in Washoe County upon direction by the director of the department of human resources; and providing other matters properly relating thereto.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  Notwithstanding the provisions of NRS 232.158 or any other law of the State of Nevada, the state land register on behalf of the State of Nevada, and any of its boards, commissions and agencies, is hereby authorized, subject to the conditions prescribed in section 2, to exchange upon such arrangements as may be made by the director of the department of human resources, or to sell for cash and convey to the purchaser upon receipt of payment, if the administrator directs disposition by either means, all or part of that certain real property owned by the State of Nevada and situated in the County of Washoe, State of Nevada, described as follows:

      Parcel C—Commencing at the west 1/4 corner of Section 8, Township 19 North, Range 20 East, M.D.M.; thence North 0º30′43″ East, 977.71 feet; thence South 81º36′06″ East, 177.91 feet to the true point of beginning; thence from the true point of beginning South 81º36′06″ East, 321.09 feet; thence North 8º23′24″ East, 180.00 feet; thence South 81º36′06″ East, 459.83 feet; thence South 8º23′24″ West, 504.22 feet; thence North 88º50′00″ West, 733.94 feet; thence North 1º10′00″ East, 419.95 feet; to the true point of beginning, being a portion of Blocks 28, 30, 31 and 41 of the Town, now City of Sparks, Washoe County, Nevada, formerly known as New Wadsworth and Harriman, according to the map thereof filed in the office of the County Recorder, Washoe County, State of Nevada, on April 23, 1904, and containing 8.344 acres, more or less, and situate in the northwest 1/4 of Section 8, T. 19 N., R. 20 E., M.D.M.

      Parcel D—Commencing at the west 1/4 corner of Section 8, T. 19 N., R. 20 E., M.D.M., as shown on the Amended Record of Survey “Defining Lands of the Nevada State Hospital” filed for record on the 24th day of May, 1968, File No. 116007, Washoe County, Nevada, and proceeding thence along the west line of said Section 8, N. 00º 30′43″ E. 70.00 feet; thence S. 88º51′10″ E. 70.03 feet to the true point of beginning; thence from said true point of beginning S. 88º51′10″ E. 95.10 feet; thence N. 01º10′00″ E. 885.33 feet; thence N. 81º36′06″ W. 132.50 feet; thence S. 00º45′00″ W. 872.28 feet; thence along the arc of a tangent curve to the left having a central angle of 89º36′10″, a radius of 30.00 feet, and an arc length of 46.92 feet, to the true point of beginning.

      Containing an area of 2.625 acres of land, more or less, and situate in the NW 1/4 of Section 8, T. 19 N., R. 20 E., M.D.M.

      Sec. 2.  The real property described in subsection 1 may be sold or exchanged subject to the following conditions:


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

ê1975 Statutes of Nevada, Page 499 (Chapter 350, SB 348)ê

 

      1.  The real property shall first be appraised by a competent appraiser and his appraisal shall be approved by the director of the department of human resources.

      2.  If the real property is to be exchanged, it may be exchanged only for real property of substantially equivalent value or real property and money.

      3.  If the real property is to be sold, the sale must be conducted by public auction or sealed bids. Proceeds will be utilized for the purchase of a site for the children’s behavioral services in Washoe County or for capital improvement at the Nevada mental health institute.

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

 

________

 

 

CHAPTER 351, SB 334

Senate Bill No. 334–Committee on Finance

CHAPTER 351

AN ACT relating to transportation for school pupils; increasing the amount a school district may pay for a school pupil’s food and lodging in lieu of furnishing transportation.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  NRS 392.350 is hereby amended to read as follows:

      392.350  1.  When the daily transportation of a pupil is not practical or economical, the board of trustees, in lieu of furnishing transportation, may pay to the parents or guardian of the pupil an amount of money not to exceed [$3] $6 per school attendance day to assist the parents or guardian in defraying the cost of board, lodging and subsistence of the pupil in a city or town, having a public school, in this state or in an adjoining state. If such public school is in an adjoining county, or in an adjoining state, costs for tuition and transportation or for tuition and subsistence may be fixed by agreement between the boards of trustees of the school district in which the pupil resides and the school district in which the pupil attends school.

      2.  Payment of money in lieu of furnishing transportation may be made only if:

      (a) The guardian or parents have been residents in the area for a period of time set by the board of trustees; and

      (b) The state department of education approves.

 

________

 


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

ê1975 Statutes of Nevada, Page 500ê

 

CHAPTER 352, SB 162

Senate Bill No. 162–Senator Monroe

CHAPTER 352

AN ACT making an appropriation to the Nevada American revolution bicentennial commission to support the operating needs of the commission during the biennium ending June 30, 1977; and providing other matters properly relating thereto.

 

[Approved May 6, 1975]

 

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

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury to the Nevada American revolution bicentennial commission the sum of $100,000 for the biennium beginning July 1, 1975, and ending June 30, 1977, for the purpose of supporting the operating needs of the commission.

      Sec. 2.  After June 30, 1977, the unexpended balance of the appropriation made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.

 

________

 

 

CHAPTER 353, AB 256

Assembly Bill No. 256–Committee on Labor and Management

CHAPTER 353

AN ACT relating to employees; increasing the minimum wage payable to certain employees; providing exceptions with respect to certain types of employment; and providing other matters properly relating thereto.

 

[Approved May 7, 1975]

 

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

 

      Section 1.  NRS 608.250 is hereby amended to read as follows:

      608.250  1.  The minimum wages which may be paid to [male persons] employees in private employment within the state are as follows:

      (a) For minors: [under 18 years of age:]

             (1) From [July 1, 1973, until July 1, 1974, $1.65 per hour.] July 1, 1975, until January 1, 1976, $1.95 per hour.

             (2) From [July 1, 1974, $1.85 per hour.] January 1, 1976, $2.15 per hour.

      (b) For persons 18 years of age or older:

             (1) From [July 1, 1973, until July 1, 1974, $1.80 per hour.] July 1, 1975, until January 1, 1976, $2.10 per hour.

             (2) From [July 1, 1974, $2 per hour.] January 1, 1976, $2.30 per hour.

      2.  The minimum wages which shall be paid to employees within the state who are included within the provisions of 29 U.S.C. § 206(a)(5) (Fair Labor Standards Act of 1938, as amended) are as follows:


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

ê1975 Statutes of Nevada, Page 501 (Chapter 353, AB 256)ê

 

      (a) From July 1, 1975, until January 1, 1976, $1.80 per hour.

      (b) From January 1, 1976, until January 1, 1977, $2 per hour.

      (c) From January 1, 1977, until January 1, 1978, $2.20 per hour.

      (d) From January 1, 1978, $2.30 per hour.

      3.  The minimum wages which shall be paid to employees within the state who are included within the provisions of 29 U.S.C. § 206(b) (Fair Labor Standards Act of 1938, as amended) are as follows:

      (a) From July 1, 1975, until January 1, 1976, $2 per hour.

      (b) From January 1, 1976, until January 1, 1977, $2.20 per hour.

      (c) From January 1, 1977, $2.30 per hour.

      4.  The provisions of subsection 1 do not apply to: [persons in domestic service, in an agricultural pursuit or an outside salesman.]

      (a) Casual babysitters.

      (b) Domestic service employees who reside in the household where they work.

      (c) Outside salespersons whose earnings are based on commissions.

      (d) Employees engaged in an agricultural pursuit for an employer who did not use more than 500 man-days of agricultural labor in any calendar quarter of the preceding calendar year.

      (e) Taxicab and limousine drivers.

 

________

 

 

CHAPTER 354, AB 376

Assembly Bill No. 376–Assemblymen Hickey, Polish, Mann, Banner, Price, Schofield and Murphy

CHAPTER 354

AN ACT relating to justices’ courts; increasing fees of justice of the peace for performing marriages.

 

[Approved May 7, 1975]

 

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

 

      Section 1.  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


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

ê1975 Statutes of Nevada, Page 502 (Chapter 354, AB 376)ê

 

      (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

      (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]      10.00

      (m) For entering judgment by confession, as in the district court..............         3.00

      2.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, 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.

 

________

 

 

CHAPTER 355, AB 381

Assembly Bill No. 381–Assemblyman Coulter

CHAPTER 355

AN ACT relating to privileges; expanding the news media’s privilege of nondisclosure; extending the privilege to certain materials acquired or prepared in professional capacity; and providing other matters properly relating thereto.

 

[Approved May 7, 1975]

 

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

 

      Section 1.  NRS 49.275 is hereby amended to read as follows:

      49.275  No reporter [or] , former reporter or editorial employee of any newspaper, periodical [,] or press association or employee of any radio or television station may be required to disclose any published or unpublished information obtained or prepared by such person in such person’s professional capacity in gathering, receiving or processing information for communication to the public, or the source of any information procured or obtained by such person, in any legal proceedings, trial or investigation:


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

ê1975 Statutes of Nevada, Page 503 (Chapter 355, AB 381)ê

 

      1.  Before any court, grand jury, coroner’s inquest, jury or any officer thereof.

      2.  Before the legislature or any committee thereof.

      3.  Before any department, agency or commission of the state.

      4.  Before any local governing body or committee thereof, or any officer of a local government.

 

________

 

 

CHAPTER 356, SB 169

Senate Bill No. 169–Committee on Health, Welfare and State Institutions

CHAPTER 356

AN ACT relating to the state welfare board; revising restrictions on geographic distribution of members; and providing other matters properly relating thereto.

 

[Approved May 7, 1975]

 

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

 

      Section 1.  NRS 422.080 is hereby amended to read as follows:

      422.080  The members of the board shall be selected on the basis of their recognized interest in and knowledge of the field of public welfare, and so selected on a geographic basis as to give statewide representation. Not more than [two] three members shall be residents of the same county.

 

________

 

 

CHAPTER 357, SB 285

Senate Bill No. 285–Committee on Finance

CHAPTER 357

AN ACT making an appropriation to the division of buildings and grounds of the department of general services for the purpose of making certain improvements in the Nye and Blasdel Buildings and the northern Nevada children’s home and for repainting the governor’s mansion; and providing other matters properly relating thereto.

 

[Approved May 7, 1975]

 

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

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury to the division of buildings and grounds of the department of general services the sum of $104,348 for the following purposes:

      1.  The sum of $65,348 to provide carpeting for the uncarpeted areas of the Nye and Blasdel Buildings.

      2.  The sum of $2,500 for the replacement of the front and rear entrance doors of the Blasdel Building.

      3.  The sum of $2,500 to repaint the governor’s mansion, garages and pavilion and to reseal the mansion roof.


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ê1975 Statutes of Nevada, Page 504 (Chapter 357, SB 285)ê

 

      4.  The sum of $34,000 to provide carpeting for the cottages and the administrative building of the northern Nevada children’s home.

      Sec. 2.  The funds appropriated by section 1 shall not be encumbered or committed for expenditure after June 30, 1977, and any unexpended balance shall revert to the general fund in the state treasury.

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

 

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CHAPTER 358, SB 365

Senate Bill No. 365–Committee on Government Affairs

CHAPTER 358

AN ACT to amend an act entitled “An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to designate such district as the agency responsible for water distribution; to provide for the procurement, storage, and distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the groundwater resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds and other securities; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds and other securities of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto,” approved March 27, 1947, as amended.

 

[Approved May 7, 1975]

 

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

 

      Section 1.  Section 9.1 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as added by chapter 797, Statutes of Nevada 1973, at page 1789, is hereby amended to read as follows:

      Section 9.1.  Any bill for water or services furnished by the district which is delinquent for more than 60 days shall be listed on a delinquent list prepared by the district. Such list shall identify the property to which the water was furnished in a manner which permits the owner thereof to easily identify his property, state the name of the property owner and list the delinquent amount. Such lists may be filed with the county tax collector and upon such filing, the properties described therein are subject to a lien for nonpayment of the delinquent amounts. If such list is filed, the county tax collector shall include the delinquent amounts on the next tax bill for such property and shall enforce collection of such amounts in the same manner and with the same penalties and rights of foreclosure which apply to the levy, collection and enforcement of property taxes. The remedy for nonpayment of bills provided in this section is in addition to any other available remedies, including but not limited to termination of service, which the district may elect to use for such nonpayment.


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ê1975 Statutes of Nevada, Page 505 (Chapter 358, SB 365)ê

 

      Sec. 2.  Section 10 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as amended by chapter 797, Statutes of Nevada 1973, at page 1789, is hereby amended to read as follows:

      Section 10.  Any person who shall wrongfully or purposely fill up, cut, damage, injure, or destroy, or in any manner impair, the usefulness of any reservoir, canal, ditch, lateral, drain, headgate, dam, treatment plant, or other work, structure, or improvement constructed or acquired under the provisions of this act, or who shall wrongfully [and] or maliciously tap into any existing or future district system, wrongfully [and] or maliciously appropriate or use any district water or wrongfully [and] or maliciously interfere with any officer, agent, or employee of the district in the proper discharge of his duties, shall be guilty of a misdemeanor, and shall be fined in any sum not exceeding five hundred dollars ($500) or imprisoned not to exceed (90) days in the county jail, or by both such fine and imprisonment; provided further, that the water district damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to attorney’s fees and costs of court.

      Sec. 3.  Section 16d of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as added by chapter 307, Statutes of Nevada 1951, at page 482, is hereby amended to read as follows:

      Section 16d.  It is the intent of this act that, so far as possible, the principal of and interest on any bonds issued by the district be paid from revenues from the works and properties of the district. The board shall from time to time establish reasonable rates and charges for the products and services furnished by such works and properties, and no board or commission other than the governing body of the district shall have authority to fix or supervise the making of such rates and charges. Such rates and charges may be in such forms as, but not exclusively limited to, service charges, monthly commodity charges, late charges, delinquent processing charges, lump-sum installment charges or connection charges if such rates and charges represent an equitable allocation and recovery of costs of providing facilities and delivery of water service. Service from different sources or to areas which are noncontiguous to the existing service area of the district may be deemed to be different classes or conditions of service for the purposes of this section. Subject to the limitation that the rates and charges be reasonable, the board shall fix rates and charges which will produce sufficient revenues to pay the operating and maintenance expenses of such works and properties, the general expenses of the district, and the principal of and interest on all outstanding bonds of the district as the same fall due and any payments required to be made into any sinking fund for said bonds; provided, however, anything to the contrary in this act notwithstanding the district may, in any contract with the United States of America, the State of Nevada, or the Colorado river commission, agree to furnish water to any of the foregoing, or to purchasers, lessees, or others holding under any of the foregoing, at such rates, charges, or other consideration as may be specified in any such contract.

 

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ê1975 Statutes of Nevada, Page 506ê

 

CHAPTER 359, SB 450

Senate Bill No. 450–Senator Sheerin

CHAPTER 359

AN ACT relating to judicial districts; transferring Churchill County from the ninth judicial district to the third judicial district; and providing other matters properly relating thereto.

 

[Approved May 7, 1975]

 

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 nine judicial districts, as follows:

      First judicial district.  The county of Storey and Carson City [shall constitute] constitute the first judicial district.

      Second judicial district.  The county of Washoe [shall constitute] constitutes the second judicial district.

      Third judicial district.  The counties of Churchill, Eureka and Lander [shall constitute] constitute the third judicial district.

      Fourth judicial district  The county of Elko [shall constitute] constitutes the fourth judicial district.

      Fifth judicial district.  The counties of Mineral, Esmeralda and Nye [shall constitute] constitute the fifth judicial district.

      Sixth judicial district.  The counties of Pershing and Humboldt [shall constitute] constitute the sixth judicial district.

      Seventh judicial district.  The counties of White Pine and Lincoln [shall constitute] constitute the seventh judicial district.

      Eighth judicial district.  The county of Clark [shall constitute] constitutes the eighth judicial district.

      Ninth judicial district.  The counties of Douglas [, Churchill] and Lyon [shall constitute] constitute the ninth judicial district.

      2.  For each of the judicial districts, except the second and eighth judicial districts, there shall be one district judge. 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 10 district judges.

      3.  District judges shall be elected as provided in NRS 3.050. Whenever a vacancy [shall occur] occurs in the office of any district judge it shall be filled as provided in NRS 3.080.

      Sec. 2.  This act shall become effective January 1, 1976.

 

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ê1975 Statutes of Nevada, Page 507ê

 

CHAPTER 360, SB 393

Senate Bill No. 393–Senator Herr

CHAPTER 360

AN ACT relating to the promotion of tourism; transferring the preparation and publication of the Nevada Highways and Parks magazine from the department of highways to the department of economic development; and providing other matters properly relating thereto.

 

[Approved May 7, 1975]

 

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

 

      Section 1.  Chapter 231 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The department shall prepare and publish a magazine to be known as The Nevada Magazine and such magazine shall contain materials directed toward the promotion of tourist travel into and through the state and to our highways, parks, monuments, scenic attractions, places of interest and natural resources.

      Sec. 2.  NRS 408.960 is hereby repealed.

      Sec. 3.  The director of the department of economic development of the State of Nevada and the state highway engineer shall execute an agreement providing for the transfer of:

      1.  Selected classified personnel, materials and equipment used in the preparation and publication of the Nevada Highways and Parks magazine; and

      2.  Moneys budgeted for the current fiscal year and ensuing biennium for the magazine publishing effort by the department of highways,

from the department of highways to the department of economic development of the State of Nevada.

      Sec. 4.  1.  This section and section 3 of this act shall become effective upon passage and approval.

      2.  The balance of this act shall become effective 30 days after the execution of the agreement provided for in section 3 of this act.

 

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CHAPTER 361, AB 546

Assembly Bill No. 546–Assemblymen May, Mann, Hickey, Chaney, Price, Bennett, Schofield, Moody and Christensen

CHAPTER 361

AN ACT relating to property tax; increasing the property tax exemptions for veterans’ organizations; and providing other matters properly relating thereto.

 

[Approved May 7, 1975]

 

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

 

      Section 1.  NRS 361.095 is hereby amended to read as follows:

      361.095  [The real property] 1.  The funds, furniture, paraphernalia and regalia owned and used exclusively by any post of any national organization of ex-service men or women for the legitimate purposes and customary objects of such posts shall be exempt from taxation, but such exemption shall in no case exceed the sum of $5,000 assessed valuation to any one post or organization thereof.


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ê1975 Statutes of Nevada, Page 508 (Chapter 361, AB 546)ê

 

organization of ex-service men or women for the legitimate purposes and customary objects of such posts shall be exempt from taxation, but such exemption shall in no case exceed the sum of $5,000 assessed valuation to any one post or organization thereof.

      2.  The buildings, with their fixtures and the lots of ground on which they stand, used for its legitimate purposes and necessary thereto, of any such organization shall be exempt from taxation, but when any such property is used for purposes other than those of such organization, 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 and partly for rental purposes, the area used for rental purposes shall be assessed separately and that portion only shall be taxed.

 

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CHAPTER 362, AB 315

Assembly Bill No. 315–Assemblymen Christensen, Jeffrey, Price, Mann and Polish

CHAPTER 362

AN ACT relating to labor; requiring certain employers to establish and maintain wage information records for the benefit of employees; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 7, 1975]

 

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

 

      Section 1.  Chapter 608 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Every employer shall establish and maintain wage information records for the benefit of his employees, showing for each pay period the following information for each employee:

      (a) Gross wage or salary other than compensation in the form of:

             (1) Services; or

             (2) Food, housing or clothing.

      (b) Deductions.

      (c) Net cash wage or salary.

      (d) Total hours employed in the pay period, noting the number of overtime hours, when applicable.

      (e) Date of payment.

      2.  The wage information required by this section shall be furnished to each employee within 10 days after he submits his request.

      3.  Wage information records shall be maintained for a 2-year period following the entry of information in the record.

      4.  Any employer who knowingly and willfully fails to furnish the wage information required by this section is guilty of a misdemeanor and shall be punished by a fine of up to $100.

 

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ê1975 Statutes of Nevada, Page 509ê

 

CHAPTER 363, AB 456

Assembly Bill No. 456–Assemblyman Jacobsen

CHAPTER 363

AN ACT relating to crimes and punishments; classifying crimes of conspiracy; prescribing penalties; and providing other matters properly relating thereto.

 

[Approved May 8, 1975]

 

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

 

      Section 1.  NRS 199.480 is hereby amended to read as follows:

      199.480  1.  Whenever two or more persons [shall conspire:

      1.  To commit a crime; or

      2.]  Conspire to commit murder, robbery, forcible rape, kidnaping in the first or second degree, or arson in the first or second degree, every such person shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.

      2.  Whenever two or more persons conspire:

      (a) To commit any crime other than those set forth in subsection 1;

      (b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime; [or

      3.](c) Falsely to institute or maintain any action or proceeding; [or

      4.](d) To cheat or defraud another out of any property by unlawful or fraudulent means; [or

      5.](e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof; [or

      6.](f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or

      [7.](g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,

every such person [shall be] is guilty of a gross misdemeanor.

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

 

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ê1975 Statutes of Nevada, Page 510ê

 

CHAPTER 364, AB 373

Assembly Bill No. 373–Assemblymen Jeffrey, Hickey, Barengo and Bremner

CHAPTER 364

AN ACT relating to contempt in justice and municipal courts; providing that acts of contempt shall be determined by the same acts or omissions, in the same manner and with the same effects in justice and municipal courts as in district courts; and providing other matters properly relating thereto.

 

[Approved May 8, 1975]

 

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

 

      Section 1.  NRS 74.040 is hereby amended to read as follows:

      74.040  A justice may punish for [contempts by fine or imprisonment, or both; such fine not to exceed, in any case, $100, and such imprisonment 1 day.] contempt for the same acts or omissions, in the same manner and with the same effects as is provided for judges in chapter 22 of NRS.

      Sec. 2.  NRS 266.570 is hereby amended to read as follows:

      266.570  A police judge may punish for [contempts in like manner and with the same effect as is provided by general law for justices of the peace.] contempt for the same acts or omissions, in the same manner and with the same effects as is provided for judges in chapter 22 of NRS.

      Sec. 3.  NRS 74.010, 74.020 and 74.030 are hereby repealed.

 

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CHAPTER 365, AB 405

Assembly Bill No. 405–Committee on Labor and Management

CHAPTER 365

AN ACT relating to industrial insurance; deleting provision that disability or death from silicosis have resulted within 2 years following last injurious exposure as condition for payment of compensation.

 

[Approved May 8, 1975]

 

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

 

      Section 1.  NRS 617.460 is hereby amended to read as follows:

      617.460  1.  Silicosis shall be considered an occupational disease and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.

      2.  Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the commission within 1 year after temporary or total disability or within 6 months after death.

      3.  Nothing in this chapter shall entitle an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.


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ê1975 Statutes of Nevada, Page 511 (Chapter 365, AB 405)ê

 

      4.  No compensation shall be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 3 years in employment in Nevada covered by the Nevada industrial commission.

      5.  Compensation [, medical, hospital and nursing expenses] on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS. [, and only in the event of such disability or death resulting within 2 years after the last injurious exposure; provided, that:

      (a) In the event of death following continuous total disability commencing within 2 years after the last injurious exposure, the requirement of death within 2 years after the last injurious exposure shall not apply.

      (b) Compensation shall be payable in sums and for purposes provided by chapter 616 of NRS.] Except as provided in NRS 616.615, the commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment. Payment of benefits and compensation shall be limited to the claimant and his dependents.

      6.  Any claimant who has been disabled by silicosis prior to July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, and such supplemental amounts as authorized in NRS 617.465 to 617.469, inclusive, to which they are entitled shall be terminated from all compensation payments by the commission, but shall continue to receive the same amount of compensation [under the special silicosis program pursuant to NRS 443.145 to 443.165, inclusive. The commission will advise the department of human resources of the dates on which compensation will terminate for all claimants, who are permanently disabled by silicosis, or their dependents. The commission will make available to the department of human resources claims records necessary to establish and support the claimant’s permanent disability as a result of silicosis.] from the silicosis and disabled pension fund.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1975.

 

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CHAPTER 366, AB 158

Assembly Bill No. 158–Committee on Commerce

CHAPTER 366

AN ACT relating to state lands; increasing certain royalties; providing for the utilization of geothermal resources; and providing other matters properly relating thereto.

 

[Approved May 8, 1975]

 

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

 

      Section 1.  NRS 322.030 is hereby amended to read as follows:

      322.030  1.  Such leases shall be based upon a fixed rental of $1 per acre annually for each acre contained therein, and shall further provide for a fixed royalty [of 5] :


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ê1975 Statutes of Nevada, Page 512 (Chapter 366, AB 158)ê

 

      (a) Of 12.5 percent of the net proceeds of all oil, coal or gas extracted therefrom.

      (b) Of 12.5 percent of the amount or value of any geothermal resource derived from the lease and sold or utilized or reasonably susceptible to sale or utilization by the lessee, and 5 percent of the amount or value of any byproduct sold or utilized or reasonably susceptible to sale or utilization by the lessee.

      2.  As used in this section, byproduct means a tangible substance produced or extracted in the utilization of a geothermal resource.

      Sec. 2.  NRS 322.040 is hereby amended to read as follows:

      322.040  Such leases shall be executed upon a form to be prepared by the attorney general, which form shall contain all of the covenants and agreements usual and necessary to leases for the extraction of coal, oil and gas [.] , or the utilization of geothermal resources, or both, as the situation may require.

      Sec. 3.  NRS 322.060 is hereby amended to read as follows:

      322.060  Leases or easements authorized pursuant to the provisions of NRS 322.050, and not made for the purpose of extracting oil, coal or gas or the utilization of geothermal resources from the lands leased, shall be:

      1.  For such areas as may be required to accomplish the purpose for which such land is leased or such easement granted.

      2.  For such term and consideration as the administrator of the division of state lands of the department of conservation and natural resources, as ex officio state land registrar, may determine reasonable.

      3.  Executed upon a form to be prepared by the attorney general, which form shall contain all of the covenants and agreements usual or necessary to such leases or easements.

      Sec. 4.  Chapter 322 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      As used in this chapter, “geothermal resource” means heat or other associated geothermal energy found beneath the surface of the earth.

      Sec. 5.  Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1975.

 

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ê1975 Statutes of Nevada, Page 513ê

 

CHAPTER 367, AB 178

Assembly Bill No. 178–Committee on Government Affairs

CHAPTER 367

AN ACT relating to procedures for state purchasing; increasing the limit for purchases without formal contract and bidding; revising the provisions providing preferences for goods produced within the state or supplied by a resident dealer.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  NRS 333.300 is hereby amended to read as follows:

      333.300  1.  The chief shall give reasonable notice, by advertising and by written notice mailed to persons, firms or corporations in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchases in accordance with a schedule prepared in conformity with the provisions of NRS 333.250.

      2.  All such materials, supplies and equipment, except as otherwise provided in this section, when the estimated cost thereof shall exceed [$500,] $2,500, shall be purchased by formal contract from the lowest responsible bidder [in conformity with NRS 334.005 to 334.009, inclusive,] after due notice inviting the submission of sealed proposals to the chief of the purchasing division at his office in Carson City, Nevada, until a date and hour as set forth in the proposal form, and at such date and hour the proposals shall be publicly opened. The purchasing division may reject any or all proposals, or may accept the proposal determined best for the interest of the state. Such notice shall be published as outlined in NRS 333.310.

      3.  In case of emergencies due to acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the chief; but every effort should be made to secure the maximum competitive bidding under the circumstances, and in no case shall contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids. In awarding contracts for the purchase of supplies, materials and equipment, whenever two or more lowest bids are identical, the chief shall [comply with NRS 334.005 to 334.009, inclusive.] :

      (a) If such lowest bids are by bidders resident in Nevada, accept the proposal which, in his discretion, is in the best interests of this state.

      (b) If such lowest bids are by bidders resident outside Nevada:

             (1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this state; or

             (2) Accept the proposal of the bidder who will furnish goods or commodities supplied by a dealer resident in Nevada.

      Sec. 2.  NRS 334.005, 334.007 and 334.009 are hereby repealed.

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

 

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ê1975 Statutes of Nevada, Page 514ê

 

CHAPTER 368, AB 67

Assembly Bill No. 67–Committee on Ways and Means

CHAPTER 368

AN ACT relating to the reserve for statutory contingency fund; authorizing expenditures from the fund for certain payments in lieu of taxes and for taxes on state lands.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  NRS 353.264 is hereby amended to read as follows:

      353.264  1.  There is hereby created in the state treasury the reserve for statutory contingency fund.

      2.  The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for:

      (a) The payment of claims which are obligations of the state under NRS 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 353.120 and 353.262; and

      (b) The payment of claims which are obligation of the state under NRS 7.260, 176.215, 177.345, 179.225, [and] 213.153 [,] and subsection 4 of 361.055, but the use of moneys from the reserve for statutory contingency fund shall be approved for the respective purposes listed in this paragraph only when the moneys otherwise appropriated for such purposes have been exhausted.

 

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CHAPTER 369, AB 360

Assembly Bill No. 360–Assemblymen Dini and Getto

CHAPTER 369

AN ACT relating to health and safety in mines and mining; requiring the inspector of mines to develop programs, give assistance to operators and adopt certain regulations relating to mining health and safety; amending provisions relating to records and reports of the inspector of mines and operators; changing qualifications of inspector of mines and his deputies; making certain changes in notices and orders issued by the inspector of mines for certain violations by operators; making certain changes in provisions relating to investigations of mines and accidents in mines; declaring the Nevada industrial commission, the department of occupational safety and health and the office of inspector of mines for the State of Nevada to be agencies of the State of Nevada for the purpose of statutes relating to waiver of sovereign immunity; repealing certain statutes relating to health and safety in mines and other places of employment; providing compensation for members of the mining safety advisory board; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  Chapter 512 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 this chapter unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in such sections.


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ê1975 Statutes of Nevada, Page 515 (Chapter 369, AB 360)ê

 

      Sec. 3.  “Accident” means any unplanned event which caused or could have caused death or bodily injury or which endangered or could have endangered human life and includes any mine fire, mine explosion, mine ignition, unplanned initiation of explosives, entrapment or falls of ground or inundation by water, dust or gas.

      Sec. 4.  “Imminent danger” means the existence of any condition or practice in a mine which could reasonably be expected to cause death or serious physical harm to any worker if mine operations were to proceed in the affected area or if workers were to enter the affected area before the condition or practice was eliminated.

      Sec. 5.  “Mine” means:

      1.  An area of land:

      (a) Where exploration is conducted to discover or delineate minerals or mineral commodities in any deposit;

      (b) Where development is conducted to prepare or open any deposit of minerals or mineral commodities other than solid fuels for extraction; or

      (c) Where exploitation or extraction of minerals or mineral commodities other than solid fuels is conducted from any deposit;

      2.  Private ways and roads appurtenant to such areas;

      3.  Structures, equipment, machinery, apparatus or other property, upon the surface or underground, used or to facilitate the work of exploring, developing or extracting minerals or mineral commodities other than solid fuels in or from any deposit; or

      4.  Beneficiation plants, mills, smelters, refineries or other property used or to facilitate the treatment or reduction of any minerals or mineral commodities, whether or not contiguous to an area where exploitation or extraction of minerals or mineral commodities is conducted from any deposit.

      Sec. 6.  “Operator” means any person or organization operating, controlling or supervising a mine and owning the right to do so, and includes any individual, owner, lessor, lessee, agent, manager, workman, contractor, subcontractor, independent contractor, partnership, association or corporation or subsidiary of a corporation charged with the responsibility for the operation of such mine.

      Sec. 7.  “Unwarrantable failure of an operator to comply” means the failure of an operator to prevent the occurrence of or to abate a violation of a health or safety standard or regulation adopted pursuant to the provisions of this chapter due to indifference, lack of diligence or lack of reasonable care.

      Sec. 8.  “Worker” means any individual working for wages or other compensation, whether or not employed by an operator.

      Sec. 9.  The inspector of mines shall:

      1.  Develop programs for the education and training of operators and workers in the recognition, avoidance and prevention of accidents or unsafe or unhealthful working conditions in mines which are subject to the provisions of this chapter; and

      2.  To the greatest extent possible, provide technical assistance to operators in meeting the requirements of this chapter and in further improving the health and safety conditions and practices in mines which are subject to the provisions of this chapter.


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      3.  Collect information and statistics relative to mines, mining and the minerals industry of the state.

      Sec. 10.  1.  The inspector of mines shall:

      (a) Adopt, modify, amend or repeal regulations formulated and proposed by the mining safety advisory board as he deems necessary and which are consistent with the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721-740), as amended.

      (b) Adopt all mandatory federal health and safety standards promulgated by the Secretary of the Interior pursuant to the provisions of the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721-740), as amended.

      2.  The adoption of such regulations and standards, or their modification, amendment or repeal shall be in accordance with chapter 233B of NRS (Nevada Administrative Procedure Act), the provisions of which are specifically made applicable to such procedures.

      3.  The inspector of mines shall forward a copy of every regulation or standard adopted under this section to the operator of each mine and to the representative of the workers, if any, at such mine. Failure to receive a copy of such regulation or standard shall not relieve anyone of the obligation to comply with such regulations or standards.

      Sec. 11.  Copies of regulations and standards adopted and notices and orders issued by the inspector of mines pursuant to the provisions of this chapter shall be posted by the operator on a bulletin board located in a conspicuous place at the mine.

      Sec. 12.  All information, reports, notices, orders or findings obtained or issued under the provisions of this chapter may be published and made available for public inspection.

      Sec. 13.  1.  Notices and orders issued pursuant to this chapter:

      (a) Shall contain a detailed description of the conditions or practices which cause and constitute a situation of imminent danger or a violation of any health or safety regulation or standard and, where appropriate, a description of the area of the mine from which persons, equipment, machinery or apparatus must be withdrawn and prohibited from entering, and a description of the equipment, machinery or apparatus prohibited from being used or operated.

      (b) Shall be in writing and signed by the inspector of mines and given promptly to the operator of the affected mine.

      (c) May be modified, vacated or terminated by the inspector of mines.

      2.  The inspector of mines shall furnish immediately a copy of any notice or order issued pursuant to this chapter to the operator and to a representative of the workers, if any, at the affected mine.

      3.  If an order is issued pursuant to subsection 1 of NRS 512.190 and the Mining Enforcement and Safety Administration of the United States Department of the Interior did not participate in the inspection on which such order is based, the inspector of mines shall notify the Mining Enforcement and Safety Administration of the United States Department of the Interior that such order has been issued.

      Sec. 13.5.  NRS 512.010 is hereby amended to read as follows:

      512.010  1.  The office of inspector of mines for the State of Nevada is hereby created [.] under the jurisdiction of the Nevada industrial commission.


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      2.  The office shall be administered by the inspector of mines.

      Sec. 14.  NRS 512.020 is hereby amended to read as follows:

      512.020  1.  The inspector of mines or his duly authorized representatives, or deputy or assistant inspectors of mines shall not at the time of [his] their appointment [,] or employment, or at any time during the term of [his office, be] their office or employment:

      (a) Be an officer, director or employee [in or of any mining corporation in this state, or in or of any milling corporation in the state engaged in the business of smelting or reducing ores.] , or have any personal or private interest in any operating mine, mill, smelter or ore reduction plant or the products thereof;

      (b) Hold, directly or indirectly, any financial interest in any company, partnership, organization or corporation or subsidiary of a corporation, which owns, operates or has a financial interest in any mines which are subject to the provisions of this chapter; or

      (c) Be an officer or employee of any labor organization.

      2.  The inspector of mines shall have had at least 7 years’ technical, operational or management experience in at least two of the following areas: mines, mills, beneficiation plants or smelters, at least 3 years of which shall be in underground mining.

      Sec. 14.5.  NRS 512.100 is hereby amended to read as follows:

      512.100  Funds for the operation of the office of the inspector of mines shall be provided [by direct legislative appropriation from the general fund.] :

      1.  By legislative appropriation from the state general fund; and

      2.  From premiums collected by the Nevada industrial commission pursuant to the provisions of chapters 616 and 617 of NRS.

Moneys from the legislative appropriation shall be paid out on claims as other claims against the state are paid.

      Sec. 15.  NRS 512.105 is hereby amended to read as follows:

      512.105  1.  The mining safety advisory board, consisting of seven members, is hereby created.

      2.  The members shall be appointed by the governor to serve for terms of 4 years or until their respective successors are appointed. Three members shall represent the mining industry; three members shall be nonsupervisory production or maintenance employees in the mining industry; and one member, who shall be the chairman, shall represent the public and be a responsible officer of the bureau of mines and geology of the State of Nevada.

      3.  [The first board appointed shall consist of seven members, appointed three for 2 years and four for 4 years, and thereafter all members shall be appointed for the full 4-year term, except that any] Any vacancy caused by the death or resignation of any member shall be filled for the balance of the unexpired term. No more than two members, one member representing the mining industry and one nonsupervisory production or maintenance employee member, shall be appointed at one time from any one category of the mining industry based on products mined.

      4.  The inspector of mines shall be an ex officio member of the board.

      5.  Members shall receive [no compensation for their services but shall be] $40 per day for attendance at meetings of the board. Members are entitled to receive their traveling expenses and subsistence allowances in the transaction of public business in the amounts authorized by law for other state officers.


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in the transaction of public business in the amounts authorized by law for other state officers. Claims for such traveling expenses and subsistence allowances shall be approved by the inspector of mines and paid from appropriations made to the office of the inspector of mines.

      6.  The duties of the board are to formulate and propose to the inspector of mines [rules and] regulations, and modifications, amendments or repeal thereof, for the [prevention of accidents in the mining industry.] protection of life, the promotion of health and safety and the prevention of accidents in mines which are subject to the provisions of this chapter.

      [7.  The adopt of such rules and regulations, or their modification, amendment or repeal, shall be in accordance with chapter 233B of NRS (Nevada Administrative Procedure Act), the provisions of which are specifically made applicable to such procedures.]

      Sec. 16.  NRS 512.110 is hereby amended to read as follows:

      512.110  1.  [Within the limits of legislative appropriations, the] The inspector of mines [has the power to appoint] may employ deputy and assistant inspectors to assist in the performance of the duties of the inspector of mines. All deputy and assistant inspectors so employed shall have the power to perform all duties required of the inspector of mines.

      2.  Deputy or assistant inspectors of mines [shall be in the classified service of the state and they shall receive:

      (a) Salaries fixed pursuant to the provisions of chapter 284 of NRS.

      (b) Per diem allowances and traveling expenses fixed by law.] shall receive such salaries as are provided under the provisions of chapter 284 of NRS, and they shall be allowed their traveling expenses while in the discharge of their duties.

      3.  Deputy or assistant inspectors of mines, at the time of their employment, shall:

      (a) Have at least 7 years’ experience in mines, mills, beneficiation plants or smelters;

      (b) Be physically fit to inspect all working places in mines; and

      (c) Take initial and annual physical examinations to verify their physical fitness to perform the tasks of mine inspections or investigations.

      Sec. 17.  NRS 512.120 is hereby amended to read as follows:

      512.120  The inspector of mines [shall have the power to employ] may:

      1.  Employ necessary clerks within the provisions of chapter 284 of NRS.

      2.  Authorize representatives to perform all duties required of him.

      Sec. 18.  NRS 512.140 is hereby amended to read as follows:

      512.140  [On August 1, 1952, and on August 1 of every 2nd year thereafter, the inspector of mines shall file with the governor the original draft of a report giving:

      1.  A list of all fatal accidents that have occurred during the 2-year period, and the nature and cause of the same, together with the names of the persons fatally injured.

      2.  A summary of nonfatal accidents that have been reported to the inspector of mines during the 2-year period.


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      3.  The number of mines visited or examined during the 2-year period, the number of mines currently in operation, the number, names and locations of mines that have become idle during the 2-year period, and the total number of men currently employed.

      4.  The name, location and address of each currently active mine in the state which has been examined and from which the inspector of mines has received a report as provided in NRS 512.160, together with data as to the manner of working the same, the number of men currently employed, and the products produced or being developed for production.

      5.  The number and character of notices served, together with suggestions and recommendations made, and the manner in which such suggestions and recommendations were complied with.

      6.  The number of complaints received and the action therein.

      7.  The number of prosecutions for neglect or refusal to comply with notices.

      8.  A summary of the reports received from mine owners and deputy inspectors of mines.

      9.  A full statement containing all available statistical and other information calculated to exhibit the mineral resources of the state and to promote the development of the same.

      10.  Generally, such other information and suggestions as may be deemed advisable.] The inspector of mines shall submit annually to the governor, as soon as practicable after the beginning of each calendar year, a full report of the administration of his functions under this chapter during the preceding calendar year. Such report shall include, either in summary or detailed form, the information obtained by him under this chapter together with such findings and comments thereon and such recommendations as he may deem proper.

      Sec. 19.  NRS 512.160 is hereby amended to read as follows:

      512.160  1.  [The owner, lessor, lessee, agent, manager or other person in charge of each mine of whatever kind or character within the state shall forward to the inspector of mines at his office, not later than June 1 in each year, and in all cases when commencing operations, a detailed report showing:

      (a) The character of the mine.

      (b) The number of men then employed and the estimated maximum number of men to be employed therein during the ensuing year.

      (c) The method of working such mine.

      (d) The general condition thereof.

      2.  The owner, lessor, lessee, agent, manager or other person in charge of any mine within the state must furnish any information relative to such mine that the inspector of mines may from time to time require for his guidance in the proper discharge of his official duties.] Operators shall maintain records and reports and shall submit, at least annually and at such other times as the inspector of mines deems necessary, and in such form as he may prescribe, reports of production, employment, mine activity and status, accidents, bodily injuries, loss of life, occupational illnesses and related data.


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      2.  The inspector of mines shall compile, keep and analyze and may publish, either in summary or detailed form, the information obtained pursuant to the provisions of subsection 1.

      Sec. 20.  NRS 512.170 is hereby amended to read as follows:

      512.170  [1.]  At least once a year and at such other times as required the inspector of mines, or his designee, shall visit [in person] each mining county in the State of Nevada and [examine] thoroughly inspect and investigate all such mines therein as, in his judgment, may require [examination for the purpose of determining the condition of such mines as to safety.

      2.  The inspector of mines shall post or cause to be posted, in a prominent place upon the gallows-frame or other superstructure at the collar of the main workings of such mine, a copy of his recommendations within 24 hours from the date of such examination.] inspection and investigation for the purposes of:

      1.  Determining whether or not there has been compliance with health and safety regulations or standards adopted or notices or orders issued pursuant to the provisions of this chapter;

      2.  Determining whether an imminent danger exists;

      3.  Determining the cause or causes of accidents, bodily injuries, loss of lives or occupational illnesses which have occurred in such mines;

      4.  Determining if there are dangerous conditions or practices with respect to the condition or manner of use of equipment, machinery or apparatus; and

      5.  Obtaining such other information for any other purpose as he may deem advisable.

      Sec. 21.  NRS 512.180 is hereby amended to read as follows:

      512.180  1.  The inspector of mines [or his deputy inspectors of mines shall have full power and authority, at all reasonable hours, to] may enter [and examine any and] all mines in this state [, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings, machinery, open cuts and open pits for the purpose of such examination. The owner, lessor, lessee, agent, manager, or other person in charge of such mine or mines] subject to the provisions of this chapter, for the purposes of inspections, investigations or access to records and reports required to be maintained or for any other purpose necessary in the proper discharge of his official duties. Operators shall render the inspectors of mines [and his deputy inspectors of mines] such assistance as may be required [by any of them] to enable [them] him to make a full, thorough and complete [examination] inspection or investigation of each and every part of such mine or mines. No advance notice of an inspection shall be provided to any operator, worker, or representative of the workers, if any, at such mine.

      2.  [Refusal of any owner, lessor, lessee, agent, manager, or other person in charge of such mine or mines to allow the inspector of mines or his deputy inspectors of mines access to the mine or mines or to any part thereof shall be a misdemeanor.] At the commencement of any inspection of such mine by the inspector of mines, the authorized representative of the workers at the mine shall be given an opportunity to accompany the inspector of mines on such inspections and to participate in any conference held at the conclusion of such inspection.


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ê1975 Statutes of Nevada, Page 521 (Chapter 369, AB 360)ê

 

inspector of mines on such inspections and to participate in any conference held at the conclusion of such inspection. If there is no representative of the workers, the inspector of mines shall consult with a reasonable number of workers concerning matters of health and safety at the mime.

      Sec. 22.  NRS 512.190 is hereby amended to read as follows:

      512.190  1.  Whenever, as the result of the [examination] inspection of any mine, [(whether such examination is made in consequence of a complaint, as provided in NRS 512.200, or otherwise),] the inspector of mines [shall find such mine or any part of such mine to be in unsafe condition, he shall at once:

      (a) Serve or cause to be served a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in what particular or particulars the mine is dangerous or insecure.

      (b) Post or cause to be posted, in a conspicuous place upon the gallows-frame, shaft house or other superstructure, at the collar of the shaft or at the entrance of the tunnel or at the main workings of such mine, a written notice stating in what particular or particulars the mine is dangerous or insecure.

      (c) Require all necessary changes to be made without delay for the purpose of making the mine or workings safe for the employees therein.

      2.  Upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge so notified to comply with the requirements, or any of them, stated in such notice so served and posted, such owner, lessor, lessee, agent, manager, or other person in charge of such mine shall be guilty of a misdemeanor. In case of any criminal or civil proceedings at law against the person or persons so notified, on account of the loss of life or bodily injury sustained because of neglect or refusal to obey the requirements of the inspector of mines, a certified copy of the notice served by the inspector of mines shall be prima facie evidence of the culpable negligence of the person or persons so notified.] finds that an imminent danger exists in such mine or with respect to the condition or manner of use of equipment, machinery or apparatus, he shall thereupon issue an order:

      (a) Requiring the operator to cause all persons except those referred to in subsection 5, to be withdrawn immediately from and prohibited from entering the area where such danger exists until he determines that such imminent danger no longer exists.

      (b) Prohibiting such equipment, machinery or apparatus to be used or operated until he determines that such imminent danger no longer exists.

      2.  If, upon any inspection of a mine, the inspector of mines finds that there has been a violation of any health or safety regulation or standard adopted pursuant to the provisions of this chapter, but the violation has not created an imminent danger, he shall issue a notice to the operator fixing a reasonable time for the abatement of the violation. If the inspector of mines subsequently finds:

      (a) Upon the expiration of the period of time as originally fixed or extended for the abatement of the violation, that the violation has not been totally abated and that the period of time should not be further extended; or


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ê1975 Statutes of Nevada, Page 522 (Chapter 369, AB 360)ê

 

      (b) Another violation of any health or safety regulation or standard caused by failure of an operator to prevent the occurrence of such violation due to indifference, lack of diligence or lack of reasonable care, during the same inspection or any subsequent inspection within ninety days after the issuance of such notice,

he shall forthwith issue an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in subsection 5, to be withdrawn from and prohibited from entering such area until he determines that such violation has been abated.

      3.  If the inspector of mines finds a violation of a health and safety regulation or standard within 30 days following the abatement of a violation which resulted in the issuance of a withdrawal order under paragraph (b) of subsection 2, he shall forthwith issue an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in subsection 5, to be withdrawn from and prohibited from entering such area until he determines that such violation has been abated.

      4.  If, as a result of any investigation of any accident occurring in a mine or as a result of any other investigation or tests performed by the inspector of mines, the inspector of mines has reason to believe that any equipment, machinery or apparatus will cause an accident, the inspector of mines may, by order, prohibit the use or operation in any mine of such equipment, machinery or apparatus until he determines that such equipment, machinery or apparatus has been repaired, modified, reconditioned or altered in a manner that an accident will thereafter be avoided.

      5.  The following persons shall not be required to be withdrawn from, or prohibited from entering, any area of the mine subject to a withdrawal order issued under this section:

      (a) Any person whose presence in such area is necessary, in the judgment of the operator or the inspector of mines, to eliminate the condition described in the order;

      (b) Any public official whose official duties require him to enter such area; and

      (c) Any consultant to any of the foregoing.

      6.  A notice or order issued under this section is prima facie evidence of the culpable negligence of an operator in a criminal or civil proceeding at law against such operator for loss of life or bodily injury sustained because of the operator’s failure or refusal to comply with the requirements stated in such notice or order.

      Sec. 23.  NRS 512.200 is hereby amended to read as follows:

      512.200  1.  [Whenever the inspector of mines shall receive a formal complaint in writing, signed by one or more persons, setting forth that the mine in which he is employed is dangerous in any respect, he shall, in person, visit and examine such mine.

      2.  Every formal complaint shall in all cases:

      (a) Specifically set forth the nature of the danger existing at the mine.

      (b) Describe with as much certainty as possible the conditions rendering such mine dangerous.

      (c) Set forth the time when such danger was first observed.


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      (d) Distinctly set forth whether or not any notice of such defect or danger has been given by the complainants, or by anyone else to their knowledge, to the superintendent or other person in charge of such mine, and if no such complaint has been made to the superintendent or other person in charge, the reason why it has not been made.

      3.  After a complaint has been received by the inspector of mines, the inspector of mines shall, as soon as possible after receiving the complaint, visit and examine such mine. If from such examination he shall find the complaint to be just, he shall give notice in writing of the danger existing to the owner, lessor, lessee, agent, manager, or other person in charge thereof. In such notice he may, in his discretion, order such mine or workings in which danger exists closed until danger has been removed.

      4.  The names of the complainants complaining as provided in this section shall not, under any circumstances, be divulged to any person by the inspector of mines except when such action is necessary in the administration of justice in the courts of this state.] Whenever any worker or a representative of the workers, if any, has reasonable grounds to believe that a violation of a health or safety regulation or standard exists, or an imminent danger exists, such worker or representative of the workers may obtain an inspection by giving notice to the inspector of mines of such violation or danger.

      2.  Any such notice shall be reduced to writing, signed by the worker or representative of the workers, and a copy shall be provided to the operator no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual workers referred to therein shall not appear in such copy.

      3.  Upon receipt of such notification by the inspector of mines, an inspection in accordance with the provisions of this chapter may be made as soon as practicable to determine if such violation or imminent danger exists.

      Sec. 24.  NRS 512.210 is hereby amended to read as follows:

      512.210  Upon the [neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge of any mine or workings, notified by the inspector of mines of the unsafe or dangerous condition of such mine or workings, promptly to comply with the requirements of the notice served upon him, the inspector of mines shall immediately notify the attorney general of such neglect or refusal.] unwarrantable failure of an operator to comply or upon refusal of an operator of any mine to comply with the requirements of any order issued to such operator, the inspector of mines may immediately notify the attorney general of such unwarrantable failure to comply or such refusal. The attorney general, or the district attorney of the county in which the mine is situated at the instigation of the attorney general, must thereupon immediately commence an action in the name of the state against the [person] operator so notified for the enforcement of the penalty designated in NRS 512.270.

      Sec. 25.  NRS 512.220 is hereby amended to read as follows:

      512.220  1.  Whenever a serious [or fatal] accident [shall occur] occurs in any mine in the State of Nevada [,] subject to the provisions of this chapter, the [owner, lessor, lessee, agent, manager, or other person in charge thereof] operator shall, immediately and by the quickest means, notify the inspector of mines or his deputy [,] or assistant, as may be most convenient, of such accident [.]


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ê1975 Statutes of Nevada, Page 524 (Chapter 369, AB 360)ê

 

charge thereof] operator shall, immediately and by the quickest means, notify the inspector of mines or his deputy [,] or assistant, as may be most convenient, of such accident [.] , and shall take appropriate measures to preserve anything and everything which might assist the inspector of mines in determining the cause or causes of the accident. Except as necessary to alleviate or eliminate any situation constituting an imminent danger of an unwarranted danger to property, no person shall alter any condition which might assist the inspector of mines in determining the cause or causes of the accident.

      2.  [The inspector of mines or his deputy, or both, shall at once repair to the place of the accident and investigate fully the cause of the accident.

      3.  If the inspector of mines or a deputy inspector of mines cannot be immediately present in case of a fatal or serious accident occurring, the owner, lessor, lessee, agent, manager, or other person in charge of the mine in which such accident has occurred shall have statements made and verified by those persons witnessing the accident. If no person was present at the time of the accident, then the statement of those persons first present thereafter shall be taken and verified. Such verified statements shall be placed in the hands of the inspector of mines or the deputy inspector of mines upon the demand of such officer.

      4.  The inspector of mines or his deputy shall be present at any coroner’s inquest held over the remains of any person or persons killed in any such accident, and shall have power at such inquest to examine and cross-examine witnesses, and may have process to compel the attendance of necessary witnesses at such inquest.

      5.  Whenever any deputy inspector of mines is present at any coroner’s inquest and assists in the examination, he shall, at the conclusion thereof, at once prepare and forward to the inspector of mines a full and detailed report of the accident, giving all information obtainable regarding the same.] The inspector of mines may investigate fully the cause of the accident as soon as practicable after receipt of such notification.

      Sec. 26.  NRS 512.270 is hereby amended to read as follows:

      512.270  1.  [Any owner, agent, manager or lessee, whether an individual, partnership or corporation, operating a mine or mineworkings in this state, or any workman or other employee thereof, who fails to comply with, or violates any provision of any standard constituting a part of the state plan agreement between the United States Department of the Interior and the State of Nevada pursuant to the Federal Metal and Nonmetallic Mine Safety Act (Public Law 89-577, 30 U.S.C. §§ 721-740) or this chapter shall be] Any operator who:

      (a) Violates, fails or refuses to comply with any health or safety regulation or standard adopted by the inspector of mines pursuant to the provisions of this chapter;

      (b) Interferes with, hinders or delays the inspector of mines in carrying out the duties required under this chapter;

      (c) Refuses admission to the inspector of mines upon or through any mine which is subject to the provisions of this chapter or to render assistance;

      (d) Refuses to permit the inspector of mines to inspect or investigate any mine which is subject to the provisions of this chapter, or of any accident, bodily injury, fatality or occupational illness occurring at or connected with such mine;

 

 


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ê1975 Statutes of Nevada, Page 525 (Chapter 369, AB 360)ê

 

accident, bodily injury, fatality or occupational illness occurring at or connected with such mine;

      (e) Refuses to furnish to the inspector of mines any information or report requested by the inspector of mines pursuant to this chapter;

      (f) Knowingly makes any false statement or representation, or fails to make any statement or representation in any record, report or other document filed or required to be maintained pursuant to this chapter;

      (g) Refuses to permit the inspector of mines to inspect or investigate any equipment, machinery, apparatus, tools or other property with respect to its condition or manner of use at any mine subject to the provisions of this chapter;

      (h) Fails to maintain any information or report required to be maintained pursuant to this chapter; or

      (i) Violates or fails or refuses to comply with an order of withdrawal issued pursuant to NRS 512.190,

is guilty of a gross misdemeanor.

      2.  Each separate provision not complied with and each day after conviction of failure to comply with any such standard or provision of this chapter shall be a separate offense and punished accordingly.

      Sec. 26.5.  NRS 616.181 is hereby amended to read as follows:

      616.181  1.  There is within the commission a department of occupational safety and health as provided for in chapter 618 of NRS [.] and the office of inspector of mines for the State of Nevada as provided for in chapter 512 of NRS.

      2.  The commission, the department of occupational safety and health and the office of inspector of mines for the State of Nevada are agencies of the State of Nevada for all purposes of the provisions of NRS 41.031 to 41.038, inclusive.

      Sec. 27.  NRS 618.315 is hereby amended to read as follows:

      618.315  The department shall have full power, jurisdiction and authority:

      1.  Over all places of employment except those which are subject to the jurisdiction of:

      (a) The Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. §§ 801 et seq.) or the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721 et seq.);

      (b) The inspector of mines under the provisions of chapter [518] 512 of NRS;

      (c) Railroad employees whose safety and health are subject to protection under the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.);

      (d) Motor vehicles operating on public highways of this state. This section does not invest the department with any power, jurisdiction or authority over motor vehicles operating on the public highways.

      2.  To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by lawful order, state standards, rules, regulations or federal standards, as adopted by the department.


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      3.  To fix and adopt such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which shall be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees in employments and places of employment.

      4.  To fix, adopt and order such reasonable standards for the construction, repair and maintenance of places of employment as shall render such places safe and healthful.

      5.  To require the performance of any other act which the protection of the lives, safety and health in places of employment may reasonably demand.

      6.  To provide the method and frequency of making investigations, examinations and inspections.

      7.  To prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for such publications.

      8.  To furnish blank forms upon request.

      9.  To provide for adequate notice to each employer or employee of his right:

      (a) To administrative review of any department action or decision as set forth in NRS 618.475 and 618.605.

      (b) To judicial review under NRS 618.615.

      10.  To consult with the chief of the bureau of environmental health in the health division of the department of human resources with respect to occupational health matters in chapter 617 of NRS.

      11.  To appoint advisers and fix their compensation, who shall assist the department in establishing standards of safety and health, and the department may adopt and incorporate in its general orders such safety and health recommendations as it may receive from such advisers.

      Sec. 28.  NRS 512.130, 512.150, 512.230, 512.250, 512.260 and 618.335 are hereby repealed.

      Sec. 29.  Section 3 of chapter 300, Statutes of Nevada 1971, at page 541, is hereby amended to read as follows:

      Section 3.  NRS 512.240, chapter 518 of NRS, [618.330, 618.340] NRS 618.730 and 618.740 and chapter 626 of NRS are hereby repealed.

      Sec. 30.  Section 4 of chapter 300, Statutes of Nevada 1971, at page 541, is hereby amended to read as follows:

      Section 4.  This act shall become effective on [the day the state plan agreement between the United States Department of the Interior and the State of Nevada pursuant to the Federal Metal and Nonmetallic Mine Safety Act (Public Law 89-577, 30 U.S.C. §§ 721-740) becomes effective.] passage and approval of this amendatory act.

      Sec. 31.  Sections 29 and 30 of this act shall become effective upon passage and approval; the remaining sections of this act shall become effective 1 minute after sections 29 and 30 of this act become effective.

 

________

 


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

ê1975 Statutes of Nevada, Page 527ê

 

CHAPTER 370, AB 169

Assembly Bill No. 169–Assemblymen Brookman, Bremner, Vergiels, Robinson, Demers, Mann, Price, Murphy, Barengo, Jeffrey, Polish, Getto, Weise, Heaney, Bennett, Hayes, Ford, Benkovich, Chaney, Coulter, Hickey and Dini

CHAPTER 370

AN ACT to amend NRS 293.313, relating to elections, by entitling registered voters to vote under absent ballot procedure if unable to go to the polling place; and providing other matters properly relating thereto.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  NRS 293.313 is hereby amended to read as follows:

      293.313  1.  Any registered voter who provides sufficient written notice to the county clerk, may vote an absent ballot as provided in this chapter if, on the day of voting at any general or primary election, he is or expects to be:

      (a) Absent from the precinct or district in the county of his residence because of the nature of his vocation, business or any other unavoidable cause;

      (b) Unable [, because of illness or physical disability,] to go to the polling place; or

      (c) In the service of the United States.

      2.  The spouses and dependents of any voter referred to in subsection 1 may vote in the same manner as such voter if, by reason of the services of such voter, they are required to reside beyond the boundaries of the state.

      Sec. 2.  Following the 1976 general election the county clerk of each county shall prepare statistical information showing the number of absent ballots requested, the number cast, and the costs of implementing the absent ballot procedure for the primary and general elections in 1976, along with comparative figures for the primary and general elections in 1974. The information shall be submitted to the secretary of state in the form prescribed by him for such purpose. The secretary of state shall compile and transmit the information in report form to the 59th session of the legislature for review.

 

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ê1975 Statutes of Nevada, Page 528ê

 

CHAPTER 371, AB 220

Assembly Bill No. 220–Assemblymen Demers, Ford, Chaney, Hickey, Price and May

CHAPTER 371

AN ACT relating to the reforestation of Nevada lands; providing that deserts and urban settings as well as mountainous terrain may be reforested with adapted and indigenous conservation plant materials; expanding the purposes for reforestation; redefining general nursery stock categories to include additional conservation plant materials; authorizing division of forestry to establish nursery facilities which provide arboretum, production and research operations; authorizing cooperative agreements for conducting certain research; requiring cooperative agreement with University of Nevada for disseminating information obtained from such research; and providing other matters properly relating thereto.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  Chapter 528 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  As used in NRS 528.100 to 528.140, inclusive, and sections 3 to 9, inclusive, of this act, unless the context otherwise requires, the terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in such sections.

      Sec. 3.  “Conservation plant materials” means those trees, shrubs and plants used for:

      1.  Well-established conservation purposes such as windbreaks, woodlots, soil erosion control, wildlife habitation, reforestation, noise abatement and fire control; or

      2.  Beautification purposes for parks, recreation areas, greenbelts, schools and public buildings.

      Sec. 4.  “Desert forestry” means the science of developing, caring for or cultivating conservation plant materials in an arid environment by modifying their response to adverse growing conditions while minimizing the consumptive use of water.

      Sec. 5.  “Production” means the propagation, maintenance, protection and distribution, at cost of production, of sufficient quantities of conservation plant materials to meet the purposes of NRS 528.100 to 528.140, inclusive, and sections 3 to 9, inclusive, of this act.

      Sec. 6.  “Public property” means all forms of property in which a government or governmental subdivision or agency has an ownership interest.

      Sec. 7.  “Reforestation” means planting and cultivation of conservation plant materials which are indigenous or adaptable to forests, plains, meadows, deserts and urban areas of Nevada.

      Sec. 8.  “Urban forestry” means the science of developing, caring for or cultivating conservation plant materials in an urban environment to enhance air quality, provide shade protection, stabilize soils, reduce noise and dust levels, and improve aesthetics.

      Sec. 9.  1.  The division may enter into cooperative agreements with research organizations providing for the use of division facilities for the development of needed information concerning the propagation, establishment, protection, maintenance and use of conservation plant materials.


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

ê1975 Statutes of Nevada, Page 529 (Chapter 371, AB 220)ê

 

The division may also enter into contracts with established research organizations to obtain such information.

      2.  The division and the University of Nevada shall enter into a cooperative agreement providing for the dissemination of information obtained by the division pursuant to subsection 1.

      Sec. 10.  NRS 528.100 is hereby amended to read as follows:

      528.100  1.  In order to aid agriculture, conserve water resources, renew the timber supply, promote erosion control, beautify urban areas, educate the public, improve natural forests, deserts, wildlife habitation, and in other ways advance the general welfare and bring about benefits resulting from reforestation and the establishment of windbreaks, shelterbelts, [and farm woodlots] woodlots, greenbelts, open space, parks and arboretums on lands in the State of Nevada, the state forester firewarden is authorized and directed to act for the State of Nevada in negotiating for and entering into cooperative agreements with the United States of America, with the governing bodies of the counties and other political subdivisions of this state, and with organizations and individuals for the purpose of securing the establishment and development of a nursery site or sites for the procurement and production, research and display of forest tree seeds and [plants.] conservation plant materials.

      2.  The state forester firewarden is authorized to receive money contributions from cooperators under the cooperative agreement, such contributions to be paid into the division of forestry account in the general fund in the state treasury.

      Sec. 11.  NRS 528.105 is hereby amended to read as follows:

      528.105  1.  Any state nursery authorized by NRS 528.100 shall be operated under management of the state forester firewarden and shall [grow] propagate stock for [use] uses as provided in this section.

      2.  The state forester firewarden may:

      (a) Purchase nursery stock [and seed.] , seed and other conservation plant materials.

      (b) Engage in seed [and tree development work.] , tree and plant development research.

      (c) Demonstrate methods of [tree planting] conservation plant material planting, propagation and landscaping to public or private organizations or individuals.

      (d) Distribute, [without charge, trees] at cost of production, conservation plant materials for planting on public property for the purposes of soil erosion control, windbreaks, noise abatement, reforestation, greenbelts, watershed protection, wildlife protection and beautification. [of streets, highways and school grounds.]

      (e) Distribute, at cost of production, [trees] conservation plant materials for planting on private property for the purposes of production of forest or woodlot products, reforestation, [and providing farm windbreaks.] windbreaks, woodlots, shelterbelts, greenbelts and wildlife habitat.

      3.  [Trees] Conservation plant materials distributed by the state forester firewarden under the provisions of paragraph (e) of subsection 2 shall be used only for the purposes therein set forth. The state forester firewarden may, pursuant to chapter 233B of NRS, set the criteria for eligibility for distribution of plants under paragraph (e) of subsection 2.


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

ê1975 Statutes of Nevada, Page 530 (Chapter 371, AB 220)ê

 

      4.  Any person who violates the provisions of this section [shall be] is guilty of a misdemeanor.

      Sec. 12.  NRS 528.110 is hereby amended to read as follows:

      528.110  The boards of county commissioners of the counties of the State of Nevada are likewise authorized to enter into cooperative agreements with the representative of the State of Nevada appointed pursuant to the provisions of NRS 528.100 and with other counties, municipalities, organizations and individuals for the purpose of establishing a cooperative nursery or nurseries for [the production of tree seeds and plants,] production, arboretum and research purposes, and to appropriate and expend funds for all necessary expenses incurred in the [producing of tree seeds and plants for planting on farms and in public areas.] planting and cultivation of conservation plant materials.

 

________

 

 

CHAPTER 372, AB 287

Assembly Bill No. 287–Assemblymen Benkovich, Banner, Moody and Hayes

CHAPTER 372

AN ACT relating to the labor commissioner; providing him with authority to conduct hearings under the labor laws; providing for the judicial review of decisions; and providing other matters properly relating thereto.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  Chapter 607 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  In aid of his enforcement responsibilities under the labor laws of the State of Nevada, including but not limited to NRS 338.030, 607.160, 607.170, 608.270, 609.160 and chapter 611 of NRS, the labor commissioner or a person designated from the commissioner’s regular staff may conduct hearings and issue decisions thereon in the manner provided by section 3 of this act.

      Sec. 3.  1.  When an enforcement question is presented under any labor law of the State of Nevada, the determination of which is not exclusively vested in another officer, board or commission, the labor commissioner or a person designated from the commissioner’s regular staff may conduct a hearing in any place convenient to the parties, if practicable, and otherwise in a place chosen by the labor commissioner.

      2.  Notice of such hearing shall be given by registered or certified mail to each party and to any person who has in writing requested such notice. The content of the notice shall conform to chapter 233B of NRS.

      3.  The hearing shall be conducted no less than 15 days following the mailing of the notices. It shall be conducted in keeping with the appropriate provisions of chapter 233B of NRS. The proceedings shall be recorded and one copy shall be provided at cost to any party who requests it.


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

ê1975 Statutes of Nevada, Page 531 (Chapter 372, AB 287)ê

 

it. The labor commissioner or a person designated from the commissioner’s regular staff shall, in any such hearing, make full use of the authority conferred upon him by NRS 607.210.

      Sec. 4.  1.  Within 30 days after the conclusion of the hearing provided for in section 3 of this act, the labor commissioner or a person designated from the commissioner’s regular staff shall issue a written decision, setting forth findings of fact and conclusions of law developed at the hearing.

      2.  The decision, together with the findings of fact and conclusions of law, shall be mailed to each of the parties to whom the notice of the hearing was mailed and to any other persons who may have requested notice of the hearing. The decision becomes enforcible 10 days following such mailing.

      Sec. 5.  Any decision issued under the provision of section 4 of this act may receive judicial review in the manner provided in chapter 233B of NRS, or the court may order trial de novo.

      Sec. 6.  A decision issued pursuant to section 4 of this act is binding on all parties and has the force of law.

      Sec. 7.  NRS 607.210 is hereby amended to read as follows:

      607.210  1.  The labor commissioner or a person designated from the commissioner’s regular staff shall have the power to examine witnesses, administer oaths and take testimony in all matters relating to the duties and requirements of this chapter. Testimony shall be taken in some suitable place in the vicinity to which the testimony is applicable.

      2.  The labor commissioner or a person designated from the commissioner’s regular staff may compel the attendance of witnesses, and may issue subpenas. No witness fees shall be paid to any witness unless he is required to testify at a place more than 5 miles from his place of residence, in which event the witness shall be paid the same fees as a witness before a district court. Payment shall be made from the fund appropriated for such purposes in the county in which the testimony is taken and the witness examined in the same manner as provided for the payment of witness fees in the district court of such county.

      3.  Any person duly subpenaed under the provisions of this section who [shall willfully refuse or neglect] willfully refuses or neglects to testify at the time and place named in the subpena [shall be] is guilty of a misdemeanor.

 

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ê1975 Statutes of Nevada, Page 532ê

 

CHAPTER 373, AB 267

Assembly Bill No. 267–Assemblymen Dini, Mello, Ford, Murphy, Benkovich, Getto, Hayes, Wagner, Coulter, Barengo, Bremner, Chaney, Price, Heaney, Jacobsen, Glover, Sena, Weise and Hickey

CHAPTER 373

AN ACT relating to the preparation of legislative measures; allowing the legislative counsel to charge agencies for the preparation of such measures; providing that the legislative commission establish the rates to be charged; and providing other matters properly relating thereto.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The legislative counsel shall keep a record of the hours expended by personnel of the legal division of the legislative counsel bureau to prepare legislative measures requested by any state agency, officer of the executive branch of state government or any justice of the supreme court or judge of a district court.

      2.  The record of total hours shall be furnished to the legislative auditor who shall send to each such requesting agency, officer, justice or judge a claim stating the amount of charges for such preparation. The claim shall be paid to the legislative counsel bureau as other claims against the state are paid.

      3.  The rates to be charged for the services of the legal division of the legislative counsel bureau shall be determined by the legislative commission.

      4.  All moneys received by the legislative counsel bureau pursuant to the section shall be deposited in the legislative fund.

      Sec. 2.  NRS 218.240 is hereby amended to read as follows:

      218.240  1.  The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.260, inclusive [.] , and section 1 of this act.

      2.  Upon request, the legislative counsel shall advise any state agency or department as to the preparation of measures to be submitted to the legislature. Before the legislative counsel accepts from such agency or department any legislative measure involving the acquisition or disposition of state land and containing a legal description thereof, he shall require the submittal of a certificate verifying the completeness and accuracy of the description, as provided in NRS 232.115. The fact that the description is verified shall be noted in the summary of the bill or a special report concerning the description may be addressed to the legislative commission.

      3.  Upon request, the legislative counsel shall aid and assist any member of the legislature as to bills, resolutions and measures, drafting them into proper form, and furnishing to the member the fullest information upon all matters within the scope of the duties of the legislative counsel. When any legislator has requested the drafting of more than ten bills or resolutions for any session, the legislative counsel shall request him to designate the ten to which he assigns the highest priority, and the legislative counsel shall insofar as possible complete the drafting of the ten bills or resolutions so designated by each legislator, or the entire number if fewer than ten have been requested, before he proceeds with further drafting for a legislator whose requests are more than ten.


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

ê1975 Statutes of Nevada, Page 533 (Chapter 373, AB 267)ê

 

ten bills or resolutions for any session, the legislative counsel shall request him to designate the ten to which he assigns the highest priority, and the legislative counsel shall insofar as possible complete the drafting of the ten bills or resolutions so designated by each legislator, or the entire number if fewer than ten have been requested, before he proceeds with further drafting for a legislator whose requests are more than ten. The legislative counsel shall repeat the process of first drafting ten designated bills or resolutions for each legislator, if so many have been requested, until all bills and resolutions requested by legislators have been drafted.

      4.  The legislative counsel and the legal division of the legislative counsel bureau shall not oppose or urge legislation, nor except as provided in subsection 6 shall they reveal to any person outside thereof the contents or nature of any matter which has not become a public record, except with the consent of the person bringing such matter before them.

      5.  The legislative counsel shall give consideration to and service concerning any measure before the legislature and which is in any way requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.

      6.  The legislative counsel may deliver to the superintendent of the state printing and records division of the department of general services and request that he print or preset the type for printing a legislative measure prior to its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.

      Sec. 3.  NRS 218.260 is hereby amended to read as follows:

      218.260  1.  The legislative counsel is authorized to employ legislative bill drafters, stenographers, proofreaders, engrossing and enrolling clerks and other necessary clerical assistants, at a compensation to be set by the legislative commission, to aid and assist him in carrying out the duties prescribed by NRS 218.240 to 218.260, inclusive, and section 1 of this act, and such legislative bill drafters, stenographers, proofreaders, engrossing and enrolling clerks and other necessary clerical assistants shall be employed for such length of time as the legislative counsel may deem to be necessary for the effective conduct of the legislative work prescribed by NRS 218.240 to 218.260, inclusive [.] , and section 1 of this act.

      2.  Salaries and attendant employment costs of such legislative bill drafters, stenographers, proofreaders, engrossing and enrolling clerks and other necessary clerical assistants shall be paid from the legislative fund.

      Sec. 4.  NRS 218.270 is hereby amended to read as follows:

      218.270  The provisions of NRS 218.240 to 218.260, inclusive, and section 1 of this act, shall not operate to relieve the attorney general of any duties now imposed upon him by law.

 

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ê1975 Statutes of Nevada, Page 534ê

 

CHAPTER 374, AB 582

Assembly Bill No. 582–Committee on Ways and Means

CHAPTER 374

AN ACT relating to state contracts for services of independent contractors; requiring approval of certain contracts by the state board of examiners; and providing other matters properly relating thereto.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  NRS 284.173 is hereby amended to read as follows:

      284.173  1.  Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.

      2.  An independent contractor is a person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.

      3.  For the purposes of this section:

      (a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Such expenses shall not be paid under the provisions of NRS 281.160.

      (b) There shall be no:

             (1) Withholding of income taxes by the state;

             (2) Industrial insurance coverage provided by the state;

             (3) Participation in group insurance plans which may be available to employees of the state;

             (4) Participation or contributions by either the independent contractor or the state to the public employees’ retirement system;

             (5) Accumulation of vacation leave or sick leave.

      4.  An independent contractor is not in the classified or unclassified service of the state, and shall have none of the rights or privileges available to officers or employees of the State of Nevada.

      5.  Each contract for the services of an independent contractor shall be in writing. The form of the contract shall be first approved by the attorney general, and, except as provided in subsection [6,] 7, an executed copy of each contract shall be filed with the research and fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners.

      6.  Except as provided in subsection 7, and excepting contracts entered into by the University of Nevada, each proposed contract with an independent contractor shall be submitted to the state board of examiners. Such contracts shall not become effective without the prior approval of the state board of examiners. The state board of examiners shall adopt regulations implementing the provisions of this section.

      7.  Copies of the following types of contracts need not be filed or approved as provided in [subsection 5:] subsections 5 and 6:

      (a) Contracts executed by the department of highways for any work of construction or reconstruction of highways.


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

ê1975 Statutes of Nevada, Page 535 (Chapter 374, AB 582)ê

 

      (b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings.

      (c) Contracts executed with companies, corporations or groups of individuals for any work of maintenance or repair of office machines and equipment.

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

 

________

 

 

CHAPTER 375, AB 437

Assembly Bill No. 437–Assemblymen Demers, Hayes, Sena, Dini, Ford and Banner

CHAPTER 375

AN ACT relating to elections; providing a criminal penalty for bribing an elector; and providing other matters properly relating thereto.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Any person who bribes, offers to bribe, or uses any other corrupt means, directly or indirectly, to influence any elector in giving his vote or to deter him from giving it 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 $1,000, or by both fine and imprisonment.

 

________

 

 

CHAPTER 376, AB 422

Assembly Bill No. 422–Assemblymen Chaney and Bennett

CHAPTER 376

AN ACT relating to aid to dependent children; conforming certain definitions to federal law; and providing other matters properly relating thereto.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  NRS 425.105 is hereby amended to read as follows:

      425.105  [1.]  The welfare division in computing the amount of assistance to be granted to a dependent child shall not take into consideration any earned income of such child, otherwise eligible, if:

      [(a)]1.  He is under 14 years of age.

      [(b)]2.  He is 14 years of age or older and is a full-time student, or a part-time student not employed full-time [.] , as defined by federal regulations pursuant to Title IV–A of the Social Security Act and regulations of the board.


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ê1975 Statutes of Nevada, Page 536 (Chapter 376, AB 422)ê

 

regulations pursuant to Title IV–A of the Social Security Act and regulations of the board.

      [2.  For the purposes of subsection 1:

      (a) A full-time student is one whose school schedule equals a full-time curriculum in a public school, university or other school licensed by the state board of education.

      (b) A part-time student is one whose schedule equals at least one-half of a full-time curriculum.

      (c) A student is not employed full-time when he works less than 40 hours per week.]

 

________

 

 

CHAPTER 377, SB 487

Senate Bill No. 487–Committee on Government Affairs

CHAPTER 377

AN ACT authorizing boards of county commissioners to collect costs of care and support provided by counties from parents and guardians of children detained in county detention facilities other than pursuant to court order; authorizing collections by legal action; and providing other matters properly relating thereto.

 

[Approved May 9, 1975]

 

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

 

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

      1.  When a child is detained other than pursuant to a court order in a facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children, the board of county commissioners is entitled to collect from the parent, parents or guardian of such child all sums of money expended by the county for the care and support of the child during the period of his detention.

      2.  If the parent, parents or guardian fails or refuses so to reimburse the county, the board of county commissioners may recover from such parent, parents or guardian, by appropriate legal action, all sums of money due together with interest thereon at the rate of 7 percent per annum.

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

 

________

 


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

ê1975 Statutes of Nevada, Page 537ê

 

CHAPTER 378, SB 482

Senate Bill No. 482–Committee on Government Affairs

CHAPTER 378

AN ACT to amend NRS 244.556, relating to advances from the county general fund to cover the cost of public improvements by special assessments without the issuance of bonds, by increasing the amount which may be advanced.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  NRS 244.556 is hereby amended to read as follows:

      244.556  Where the cost of an improvement to be defrayed by special assessment does not exceed [$100,000,] $150,000, the board of county commissioners may advance moneys to cover the cost of such improvement from the general fund of the county, in lieu of issuing bonds.

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

 

________

 

 

CHAPTER 379, SB 477

Senate Bill No. 477–Committee on Government Affairs

CHAPTER 379

AN ACT to amend NRS 268.670, relating to annexation of contiguous territory by a city, by requiring prior notice to the board of county commissioners of the county in which the city lies.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  NRS 268.670 is hereby amended to read as follows:

      268.670  1.  Notwithstanding the provisions of NRS 268.610 to 268.668, inclusive, the governing body of a city may, after notifying the board of county commissioners of the county in which the city lies of its intention, annex:

      (a) Contiguous territory owned in fee by the city.

      (b) Other contiguous territory if 100 percent of the owners of record of individual lots or parcels of land within such area sign a petition requesting the governing body to annex such area to the city. If such petition is received and accepted by the governing body, the governing body may proceed to adopt an ordinance annexing such area and to take such other action as is necessary and appropriate to accomplish such annexation.

      2.  For the purposes of this section, “contiguous” means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the annexing municipality, by some other political subdivision of the state or by the State of Nevada.

 

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ê1975 Statutes of Nevada, Page 538ê

 

CHAPTER 380, SB 476

Senate Bill No. 476–Committee on Government Affairs

CHAPTER 380

AN ACT requiring the preparation and recordation of amended plats, surveys or maps correcting errors or omissions detected after a certain date; imposing duties on registered land surveyors and county surveyors; and providing other matters properly relating thereto.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  NRS 278.491 is hereby amended to read as follows:

      278.491  1.  If an error or omission in any [recorded] subdivision plat, record of survey or reversionary map recorded after June 1, 1973, 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 surveyor 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. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 381, SB 212

Senate Bill No. 212–Committee on Education

CHAPTER 381

AN ACT relating to certification of educational personnel; adding to the enumeration of causes and clarifying the procedure for the suspension or revocation of a teachers’ or school administrators’ certificate; and providing other matters properly relating thereto.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  NRS 391.330 is hereby amended to read as follows:

      391.330  The state board of education [shall have power to] may suspend or revoke any state diploma or any state certificate of any teacher [,] or administrator, after notice and an opportunity for hearing before the state board of education, for:

      1.  Immoral or unprofessional conduct.

      2.  Evident unfitness for [teaching.] service.

      3.  Physical or mental incapacity which renders such teacher or administrator unfit for service.


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

ê1975 Statutes of Nevada, Page 539 (Chapter 381, SB 212)ê

 

      4.  Conviction of a felony or crime involving moral turpitude.

      5.  Conviction of a sex offense under NRS 200.363, 200.365, 201.190, 201.220, 201.230 or 207.260 in which a student enrolled in a school of a Nevada public school district was the victim.

      6.  Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.

      7.  Persistent defiance of or refusal to obey [the laws of this state,] the rules and regulations of the state board of education, or the rules and regulations of the superintendent of public instruction, defining and governing the duties of teachers [.] and administrators.

      Sec. 2.  NRS 391.350 is hereby amended to read as follows:

      391.350  1.  If any teacher employed by any board of trustees of a school district for a specified time [shall fail] fails to comply with the provisions of his contract without the written consent of the board of trustees, the teacher [shall be deemed] is guilty of unprofessional conduct. If such teacher’s failure to comply with the provisions of his contract is the result of his having subsequently executed an employment contract with another board of trustees of a school district in this state without the written consent of the board of trustees first employing him, the second such contract is void.

      2.  Upon receiving formal complaint from the board of trustees, substantiated by conclusive evidence of such failure, the state board of education may suspend or revoke the certificate of the teacher [.] after notice and opportunity for a hearing.

      3.  State education agencies in other states shall be notified of any revocation for the reasons set forth in this section.

      Sec. 3.  NRS 391.355 is hereby amended to read as follows:

      391.355  1.  The [state board of education] attorney general [is authorized to] shall [adopt] develop rules of procedure for the conduct of hearings involving suspension or revocation of teachers’ or administrators’ certificates [.] , which shall be adopted and promulgated by the state board of education.

      2.  The rules of procedure shall provide for boards of trustees of school districts or the superintendent of public instruction or his designee to bring charges, when cause exists.

      3.  The state board of education [is empowered to] may issue subpenas to compel the attendance of witnesses and the production of books, records, documents or other pertinent information to be used as evidence in hearings for suspension or revocation of teachers’ or administrators’ certificates.

      4.  A hearing officer, qualified under NRS 391.3161 and selected according to the provisions of NRS 391.3191 and 391.31915 shall conduct the hearing and report findings of fact and conclusions of law, along with recommendations, to the state board of education. The state board may accept or reject the recommendations or refer the report back to the hearing officer for further evidence and recommendation, and shall notify the teacher or administrator in writing of its decision.

 

________

 


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

ê1975 Statutes of Nevada, Page 540ê

 

CHAPTER 382, AB 550

Assembly Bill No. 550–Assemblyman May

CHAPTER 382

AN ACT relating to public works; exempting public works contractors from responsibility for extra costs incurred as a result of errors or omissions of the public agency in drafting the contract documents.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  NRS 338.140 is hereby amended to read as follows:

      338.140  1.  No agency of this state nor any political subdivision, municipal corporation or district, nor any public officer or person charged with the letting of contracts for the construction, alteration or repair of public works shall draft or cause to be drafted specifications for bids, in connection with the construction, alteration or repair of public works;

      (a) In such a manner as to limit the bidding, directly or indirectly, to any one specific concern; or

      (b) Except in those instances where the product is designated to match others in use on a particular public improvement either completed or in the course of completion, calling for a designated material, product, thing or service by specific brand or trade name unless the specification lists at least two brands or trade names of comparable quality or utility and is followed by the words “or equal” so that bidders may furnish any equal material, product, thing or service.

      (c) In such a manner as to hold the bidder to whom such contract is awarded responsible for extra costs incurred as a result of errors or omissions by the public agency in the contract documents.

      2.  In those cases involving a unique or novel product application required to be used in the public interest, or where only one brand or trade name is known to the specifying agency, it may list only one.

      3.  Specifications shall provide a period of time of at least 7 days after award of the contract for submission of data substantiating a request for a substitution of “an equal” item.

 

________

 

 

CHAPTER 383, AB 397

Assembly Bill No. 397–Committee on Commerce

CHAPTER 383

AN ACT relating to marriage; adjusting fees charged by the commissioner of civil marriages.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  NRS 122.181 is hereby amended to read as follows:

      122.181  The commissioner of civil marriages or his deputy commissioner of civil marriages is entitled to receive as his fee for solemnizing a marriage during regular office hours on weekdays the sum of [not more than $15.]


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

ê1975 Statutes of Nevada, Page 541 (Chapter 383, AB 397)ê

 

than $15.] $25. The fee for solemnizing a marriage on Saturdays, Sundays, holidays or during any hours other than regular business hours is [not more than $20.] $30. All fees received for solemnizing marriages by the commissioner or his deputy shall be deposited in the county general fund.

 

________

 

 

CHAPTER 384, AB 407

Assembly Bill No. 407–Assemblymen Benkovich, Christensen, Heaney, Wittenberg, Barengo and Murphy

CHAPTER 384

AN ACT relating to general improvement districts; permitting the boards of county commissioners in all counties to serve as ex officio board of trustees of certain districts; and providing other matters properly relating thereto.

 

[Approved May 9, 1975]

 

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

 

      Section 1.  NRS 318.0953 is hereby amended to read as follows:

      318.0953  1.  In every county having a population of 200,000 or more, as shown by the most recent decennial census of the Bureau of the Census of the United States Department of Commerce, notwithstanding the provisions of NRS 318.080 to 318.0952, inclusive, the board of county commissioners shall be, and in counties with a population of less than 200,000 the board of county commissioners may be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing sanitary sewer facilities as provided in NRS 318.140, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter, except as provided in subsections 2 and 3.

      2.  The board of county commissioners of [such a] any county may be, at its option, ex officio, the board of trustees of any district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing water facilities as provided in NRS 318.144, or, furnishing both water facilities and sanitary sewer facilities as provided in NRS 318.144 and 318.140, respectively, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which:

      (a) Is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter.

      (b) Is organized or reorganized pursuant to this chapter the boundaries of which include all or a portion of any incorporated city or all or a portion of a water district created by special law.

      3.  [The] A board of county commissioners may exercise [such option by] the options provided in subsections 1 and 2 by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is, ex officio, the board of trustees of the district.


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

ê1975 Statutes of Nevada, Page 542 (Chapter 384, AB 407)ê

 

district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district. In the latter case promptly within such 30-day period the county clerk shall cause a copy of the ordinance to be:

      (a) Filed in his office;

      (b) Transmitted to the secretary of the district; and

      (c) Filed in the office of the secretary of state without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

      4.  When the board of trustees of any district is so constituted, the following special provisions shall apply and supersede the corresponding provisions of NRS 318.080 to 318.0952, inclusive:

      (a) The members need not file the oath of office or bond required by NRS 318.080.

      (b) The members of the board of county commissioners shall receive no additional compensation as trustees of the district.

      (c) The chairman of the board of county commissioners shall be chairman of the board and president of the district.

      (d) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices. No additional bond may be required of the county treasurer as ex officio district treasurer nor of any other county officer appropriately bonded as ex officio a district officer.

      (e) No member of the board of county commissioners may be removed from the office of trustee under the authority of subsection 4 of NRS 318.080, but any such member shall be automatically removed from such office upon his removal from the office of county commissioner in the manner provided by law.

      (f) The regular place of meeting of the board need not be within the corporate limits of the district but shall be within the corporate limits of the county and shall be the regular meeting place of the board of county commissioners unless the board otherwise provides by resolution.

      (g) The times of regular meetings of the board shall be the same as the times of the regular meetings of the board of county commissioners unless the board otherwise provides by resolution.

      (h) Special meetings may be held on notice to each member of the board as often as, and at such place or places within the county as, the board may determine, unless it otherwise provides by resolution.

      (i) The office or principal place of the district need not be located within the corporate limits of the district and shall be the office of the county clerk unless the board otherwise provides by resolution.

 

________

 


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

ê1975 Statutes of Nevada, Page 543ê

 

CHAPTER 385, SB 448

Senate Bill No. 448–Senators Raggio, Young, Foote, Gojack and Wilson

CHAPTER 385

AN ACT relating to the Nevada State Fair; making an appropriation to Nevada State Fair, Inc., a nonprofit organization, for capital improvements to the fair grounds.

 

[Approved May 9, 1975]

 

      Whereas, The Nevada State Fair is conducted annually on land owned by the State of Nevada and held on a long-term lease by Washoe County; and

      Whereas, The fair has been carried on for many years by the Nevada State Fair, Inc., a nonprofit organization, which in past years has contributed large sums of money for construction of facilities and improvements on the fair grounds; and

      Whereas, The sum of $100,000 is presently required for additional capital improvements for the fair grounds; now, therefore,

 

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

 

      Section 1.  1.  There is hereby appropriated from the state general fund the sum of $100,000 to the board of directors of Nevada State Fair, Inc., for the purpose of making capital improvements to the fair grounds located in Washoe County, Nevada.

      2.  No portion of the moneys appropriated in subsection 1 may be released by the state board of examiners until the state board of examiners receives satisfactory proof that the board of directors of Nevada State Fair, Inc., has received the sum of $100,000 from other public and private sources for the specific purpose of making capital improvements to the fair grounds located in Washoe County, Nevada.

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

 

________

 

 

CHAPTER 386, AB 434

Assembly Bill No. 434–Assemblymen Young, Howard, Benkovich, Getto, Polish, Jacobsen, Dini and Demers

CHAPTER 386

AN ACT relating to state grazing boards; providing for the election of members and terms of office; and providing other matters properly relating thereto.

 

[Approved May 10, 1975]

 

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

 

      Section 1.  NRS 568.010 is hereby amended to read as follows:

      568.010  As used in NRS 568.010 to 568.210, inclusive, “Taylor Grazing Act” means the Act of Congress entitled “An act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide for their orderly use, improvement and development, to stabilize the livestock industry dependent upon the public range, and for other purposes,” approved June 28, 1934, being c.


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

ê1975 Statutes of Nevada, Page 544 (Chapter 386, AB 434)ê

 

stabilize the livestock industry dependent upon the public range, and for other purposes,” approved June 28, 1934, being c. 865, 48 Stat. 1269, also designated as 43 U.S.C. §§ 315 to 315r, inclusive [.] , any amendment thereto and any replacement therefor, including provisions of the Code of Federal Regulations adopted and promulgated pursuant to any such act, amendment or replacement, providing for grazing districts or for payment of a portion of the moneys derived from grazing fees or grazing leases to the State of Nevada.

      Sec. 2.  NRS 568.030 is hereby amended to read as follows:

      568.030  [1.]  All moneys derived from grazing fees and grazing leases received by the state [prior to and after March 14, 1929,] under the provisions of the Taylor Grazing Act shall be deposited [at once] in the state treasury in a special fund [to be] designated the Nevada Taylor Grazing Act range improvement [fund.

      2.  Thereafter, without unnecessary delay, the proper state officers authorized by statute to administer, control and disburse state funds in general, shall take such steps and perform such acts as may be necessary to determine what part of the funds were derived from grazing fee collections and what part were derived from grazing lease charges, from each grazing district or county concerned, and shall then apportion and distribute the Nevada Taylor Grazing Act range improvement fund as follows:] fund, to be allocated as follows:

      [(a)]1.  That part of the fund derived from grazing fee collections from each [Taylor Grazing Act] Bureau of Land Management grazing district [concerned] shall be [apportioned and] distributed to each county according to its proportionate acreage of such grazing district, and all such funds received by any county shall be placed [at once] in a special fund to be designated as the range improvement fund of grazing district No. ............. Where more than one grazing district is situated in any one county, separate funds shall be kept by such county for each district. Such funds shall be subject to disposition only by the state grazing board for each grazing district concerned, in the manner provided in NRS 568.010 to 568.210, inclusive.

      [(b)]2.  That part of the fund derived from grazing lease charges from lands situated outside grazing districts shall be [apportioned and] distributed to each county according to its proportionate acreage of the lands from which such lease charges were derived, and all such funds received by any county shall be placed [at once] in a special fund to be designated as the range improvement fund of ....................... County. All such funds shall be subject to disposition by the board of county commissioners of each county concerned for range improvements and related matters directly beneficial to the stockraising and ranching enterprises of the county; but any project involving range improvements undertaken by any board of county commissioners on public lands within a grazing district established under provisions of the Taylor Grazing Act shall be undertaken by such board only in cooperation with the federal officials in charge of such district as provided for in NRS 568.010 to 568.210, inclusive.

      Sec. 2.5.  NRS 568.040 is hereby amended to read as follows:


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

ê1975 Statutes of Nevada, Page 545 (Chapter 386, AB 434)ê

 

      568.040  For the purpose of directing and guiding the disposition of the range improvement fund of each grazing district concerned, in those manners most beneficial to the stockraising payers of the grazing fees from which such funds are derived and to the counties concerned, there is hereby created a state board for each Bureau of Land Management grazing district established and existing in Nevada under the provisions of the Taylor Grazing Act.

      Sec. 3.  NRS 568.060 is hereby amended to read as follows:

      568.060  1.  The members and the chairman of each of the state grazing boards for the year 1975 shall be the members and chairmen of each of the boards of district advisers of each grazing district elected, qualified and serving on January 1, 1975, under the provisions of the Taylor Grazing Act and the regulations promulgated under the provisions of that act. [, except that membership on such state boards shall be limited to residents of the State of Nevada.] Such members shall serve until their successors are elected and qualified as provided in this section.

      2.  On and after January 1, 1976, each state grazing board shall consist of not less than five nor more than twelve stockmen who graze livestock upon the public lands within the grazing district for which such state grazing board is created. Officers and directors of corporations and partners of partnerships which conduct such grazing are qualified to be elected to serve on such boards on behalf of such corporation or partnership. The term of each member is 3 years, beginning on January 1 next after his election.

      3.  In November of 1975 and in November of each third year thereafter, each state grazing board shall specify the number of members to serve on that state grazing board for the following term. Thereafter, the board shall conduct an election of the members to serve for that term.

      4.  If a new grazing district is established, the central committee of Nevada state grazing boards shall, within 90 days after the order establishing the district, appears in the Federal Register, specify the number of members to serve on the state grazing board for the new district. Thereafter the central committee of the Nevada state grazing boards shall conduct an election of the board members to serve for the balance of the current 3-year term.

      5.  If any vacancy occurs on a state grazing board for any reason, the remaining board members shall elect a qualified successor to fill the vacancy for the unexpired term.

      6.  A duly qualified person elected to serve as a member of a state grazing board shall assume office after taking the oath of office contained in NRS 282.020.

      7.  The persons, partnerships, associations or corporations holding licenses or permits to graze livestock on the public lands within the grazing district served by a state grazing board shall elect the members to serve on that state grazing board, except as otherwise provided in this section, and each such permittee is entitled to one vote. The particular state grazing board shall supply the names of eligible persons to be elected to serve on the board to each permittee within the district so that each permittee may cast his vote for a candidate of his choice. The secretary of the state grazing board for such grazing district shall certify the results of the election.


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ê1975 Statutes of Nevada, Page 546 (Chapter 386, AB 434)ê

 

of the state grazing board for such grazing district shall certify the results of the election.

      Sec. 4.  NRS 568.070 is hereby amended to read as follows:

      568.070  Each state grazing board [is authorized to] may select its own chairman, attorney and secretary [and to] and may determine [his] the secretary’s and attorney’s remuneration, and such remuneration shall be considered as administrative expenses of each board concerned, to be paid as provided for in NRS 568.010 to 568.210, inclusive.

      Sec. 5.  NRS 568.080 is hereby amended to read as follows:

      568.080  [1.]  The members of the state grazing boards shall serve without remuneration for their time and services, but [shall be] are entitled to [their actual necessary travel and subsistence expenses while performing their duties as prescribed in NRS 568.010 to 568.210, inclusive.

      2.  Such expenses shall be limited to not to exceed 5 cents per mile for necessary travel by personally-owned automobile, or actual train or bus fare, as the case may be, and not to exceed their actual necessary costs for meals and lodging as supported by receipts covering payment for those costs.

      3.  In no case shall subsistence costs be charged or paid unless the member concerned is required by the business of the state grazing board to be absent from his home at least over 1 night.] the travel expenses and subsistence allowances provided for state officers and employees while performing their duties as prescribed in NRS 568.010 to 568.210, inclusive.

      Sec. 6.  NRS 568.120 is hereby amended to read as follows:

      568.120  Each state grazing board [is authorized to] may pay moneys out of the range improvement fund of its grazing district:

      1.  For the construction and maintenance of range improvements or any other purpose beneficial to the stockraising and ranching industries and, in turn, the counties situated within the grazing district concerned. None of the funds shall be [so disposed of] used for projects involving construction or maintenance, or both, of range improvements on public or state lands unless some legally constituted and authorized federal [or state governmental] , state, county or city department, division, bureau, service, board or commission is available for and authorized and willing to undertake direct management and supervision of the project concerned.

      2.  For the payment of proper administrative costs of the board, including travel [and subsistence costs] expenses and subsistence allowances of its members and for the payment of the services of its secretary and his necessary office [expenses.] expenses and for the services of its attorney.

      3.  For contributions to defray [expenses] costs and expenses for activities and projects incurred under its written authorization by the central committee of Nevada state grazing boards as provided for under NRS 568.170 to 568.200, inclusive.

      Sec. 7.  NRS 568.140 is hereby amended to read as follows:

      568.140  1.  [In the case of any] Any project involving construction and maintenance of range improvements as provided for in NRS 568.010 to 568.210, inclusive, [and] on public lands within any grazing district established under the provisions of the Taylor Grazing Act, [such project or projects] shall be undertaken only under cooperative agreements entered into on the part either of the state grazing boards or the boards of county commissioners, as the case may be, and the federal officials in charge of the grazing district concerned.


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

ê1975 Statutes of Nevada, Page 547 (Chapter 386, AB 434)ê

 

or projects] shall be undertaken only under cooperative agreements entered into on the part either of the state grazing boards or the boards of county commissioners, as the case may be, and the federal officials in charge of the grazing district concerned.

      2.  [In the case of any project involving other than construction and maintenance of range improvements, and in cases where the state grazing boards are empowered by NRS 568.120 to pay out moneys, such project shall be undertaken only under cooperative agreements entered into on the part of the state grazing boards and either the federal or state officials, as the state grazing boards concerned may decide, who are in charge of the governmental department, division, bureau, service, board or commission in charge of and having jurisdiction over the kind of project concerned.] Any project mentioned in NRS 568.120 that is within the jurisdiction of a governmental entity and does not involve construction and maintenance of range improvements shall be undertaken only under cooperative agreements entered into by the state grazing boards and the appropriate governmental entities.

      Sec. 8.  NRS 568.150 is hereby amended to read as follows:

      568.150  1.  [Either the] The boards of county commissioners [or] and the state grazing boards [concerned, as the case may be, are authorized to] may enter into [such] cooperative agreements [and to take such steps as may be necessary,] under the provisions of NRS 568.010 to 568.210, inclusive, [to] and may contribute from their respective funds to the projects under the terms of the cooperative agreements.

      2.  Such cooperative agreements shall:

      (a) Prescribe the manner, terms and conditions of cooperation and the amounts to be contributed from the range improvement fund of the grazing district or county concerned, as the case may be.

      (b) Provide that the direct management and supervision of the projects shall be exercised by the officials in charge of the federal [or state governmental] , state, county or city department, division, bureau, service, board or commission designated in the cooperative agreements as the agency cooperating with the state grazing board.

      Sec. 9.  NRS 568.160 is hereby amended to read as follows:

      568.160  1.  Any [funds] moneys coming into or remaining in the possession of any federal [or state] , state or local governmental agency as a result of cooperation between any such agency and any of the state grazing boards, as provided in NRS 568.140 and 568.150, may be restored to or placed in the range improvement fund of the grazing district concerned.

      2.  [In the case of any such restoration or placement, the state grazing board concerned shall first advise the federal or state agency concerned, by resolution, as to the amounts in which the restorations or placements shall be made in the case of each county within such district, whereupon the restoration or placement shall be made directly to the county concerned by the federal or state agency concerned in accordance with such resolution.] The state grazing board shall, by resolution, request the federal, state or local governmental agency to pay to each county within the district moneys to be restored or placed in the particular range improvement fund. Such moneys shall thereafter be paid to each county within the district by the federal, state or local governmental agency.


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

ê1975 Statutes of Nevada, Page 548 (Chapter 386, AB 434)ê

 

      3.  Any such funds received by any county shall be placed [at once] in the range improvement fund of the district concerned and shall immediately become subject to [all] the provisions of NRS 568.010 to 568.210, inclusive. [, applying to the fund.]

      Sec. 10.  NRS 568.170 is hereby amended to read as follows:

      568.170  1.  To provide a means whereby they may act together in matters of common interest and of general rather than local concern in carrying out the provisions of NRS 568.010 to 568.210, inclusive, state grazing boards [are authorized and empowered to] shall establish a committee which shall be known as the central committee of Nevada state grazing boards.

      2.  The committee shall consist of either one or two members selected by and from the membership of each of the state grazing boards. [In all cases where two members are selected, one shall be representative of the cattle business and one shall be representative of the sheep business.]

      3.  The members so selected shall serve at the pleasure of their respective state grazing boards and whenever a majority of the state grazing boards shall have selected their member or members of the central committee, and authorized them so to do, those selected may meet and organize.

      Sec. 11.  NRS 568.190 is hereby amended to read as follows:

      568.190  Within the limitations contained in NRS 568.200, the central committee may:

      1.  Select its own officers, secretary, attorney and such subcommittees as it may deem necessary.

      2.  Adopt its own rules for the calling and holding of meetings and the carrying out of such instructions as may be received from time to time from a majority of the state grazing boards.

 

________

 

 

CHAPTER 387, AB 345

Assembly Bill No. 345–Assemblyman May

CHAPTER 387

AN ACT relating to dispensing opticians; providing for employment and supervision of apprentice dispensing opticians; requiring continuing education for licensed dispensing opticians; providing reinstatement fee for a previously revoked certificate; revising the amount of compensation and travel expenses paid to members of the board of dispensing opticians; and providing other matters properly relating thereto.

 

[Approved May 10, 1975]

 

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

 

      Section 1.  Chapter 637 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A licensed dispensing optician may employ any person to engage in the business of dispensing optician if such person is registered with the board as an apprentice dispensing optician.

      2.  A licensed dispensing optician shall:


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ê1975 Statutes of Nevada, Page 549 (Chapter 387, AB 345)ê

 

      (a) Supervise all work done by an apprentice dispensing optician.

      (b) Be in attendance, except for brief absences, whenever an apprentice dispensing optician is engaged in ophthalmic dispensing.

      3.  A licensed dispensing optician may not have under his supervision more than two apprentice dispensing opticians at any one time.

      Sec. 3.  1.  Except as provided in subsection 2, all licensed dispensing opticians are required to complete a yearly program of continuing education in ophthalmic dispensing.

      2.  Licensed dispensing opticians:

      (a) On active military service; or

      (b) Who are 60 years of age or more and have been continuously engaged in full-time ophthalmic dispensing for a minimum of 15 years after reaching 35 years of age,

are exempt from the requirement of this section.

      3.  The program of continuing education in ophthalmic dispensing shall:

      (a) Encompass such subjects as are established by board regulations.

      (b) Consist of a maximum of 12 hours in each calendar year.

      Sec. 4.  NRS 637.020 is hereby amended to read as follows:

      637.020  1.  In this chapter, unless the context otherwise requires:

      (a) “Apprentice dispensing optician” means a person receiving practical training and experience in ophthalmic dispensing in accordance with regulations established by the board.

      (b) “Board” means the board of dispensing opticians.

      [(b)](c) “Dispensing optician” means a person engaged in the practice of ophthalmic dispensing.

      [(c)](d) “Licensed physician, surgeon or optometrist” means a person licensed by the respective state board having jurisdiction thereof.

      [(d)](e) “Ophthalmic dispensing” means the practice of filling prescriptions of licensed physicians, surgeons or optometrists, and includes the taking of facial measurements, fitting and adjustment of lenses or frames, duplication of lenses, and the measurement, fitting or adaption of contact lenses to the human eye under the direction and supervision of a physician or surgeon licensed in the State of Nevada.

      [(e)](f) “Person” means an individual only.

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

      (a) Words in the masculine gender shall include the feminine gender.

      (b) Words in the singular shall include the plural.

      (c) Words in the plural shall include the singular.

      Sec. 5.  NRS 637.045 is hereby amended to read as follows:

      637.045  Each member of the board shall receive:

      1.  A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.

      2.  [Actual] Traveling expenses [for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation,] and subsistence allowances in the amounts specified in NRS 281.160 while traveling on business of the board.

      Sec. 6.  NRS 637.100 is hereby amended to read as follows:

      637.100  A candidate, in order to qualify for examination and certification as an ophthalmic dispenser, must furnish proof that he:

      1.  Is at least 21 years of age.


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ê1975 Statutes of Nevada, Page 550 (Chapter 387, AB 345)ê

 

      2.  Is of good moral character.

      3.  Is a citizen of the United States, or is a lawful permanent resident of the United States.

      4.  Is a graduate of an accredited high school or its equivalent.

      5.  Has either:

      (a) Served as an apprentice for not less than 4 calendar years’ full-time employment in an optical establishment where prescriptions for optical glasses from given formulae have been filled, and has acquired experience in the production and reproduction of ophthalmic lenses and mounting the same to supporting materials, and 1 year of ophthalmic dispensing experience under the direct supervision of a licensed ophthalmic dispenser or licensed optometrist; or

      (b) Successfully completed a course of study in a school of ophthalmic dispensing recognized by the board as maintaining a satisfactory standard, and 1 year of ophthalmic experience under the direct supervision of a licensed ophthalmic dispenser or licensed optometrist.

      Sec. 7.  NRS 637.110 is hereby amended to read as follows:

      637.110  1.  An application shall be accompanied by a registration fee of $50.

      2.  The board shall, in the event it approves an application, examine the applicant in ophthalmic dispensing. The board may, at its discretion, waive the examination of an applicant who is, at the time of application, licensed as an ophthalmic dispenser in another state.

      3.  The board shall grade the examination papers returned by the candidates and shall keep the examination papers of applicants obtaining a grade of less than 75 percent for at least 1 year.

      4.  [The board shall refund to an applicant failing to pass an examination $35 of the registration fee.

      5.]  Any unsuccessful candidate may, upon written request to the board, see his graded examination paper.

      Sec. 8.  NRS 637.140 is hereby amended to read as follows:

      637.140  1.  A certificate issued under the provisions of this chapter shall expire on December 31 of each year, and, upon payment of a renewal fee of $15 [,] and presentation of the certificate of completion required by section 3 of this act, may be renewed at any time not later than January 15 of the following year. In the event application for renewal is not made by such date, an additional delinquent fee of $15 shall be charged.

      2.  A certificate not renewed prior to February 15 of each year shall be deemed forfeited.

      Sec. 9.  NRS 637.170 is hereby amended to read as follows:

      637.170  The board at any time after the date of revocation of a certificate may consider an application for reinstatement, and after consideration it may grant such reinstatement [.] upon the applicant’s payment of a reinstatement fee of $50.

      Sec. 10.  Section 5 of this act shall become effective at 12:01 a.m. on July 1, 1975.

 

________

 


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

ê1975 Statutes of Nevada, Page 551ê

 

CHAPTER 388, AB 531

Assembly Bill No. 531–Committee on Government Affairs

CHAPTER 388

AN ACT relating to public records; requiring notification of the division of state, county and municipal archives in the office of the secretary of state before certain obsolete records are destroyed.

 

[Approved May 10, 1975]

 

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

 

      Section 1.  NRS 239.120 is hereby amended to read as follows:

      239.120  The district courts of the several judicial districts are authorized to direct the sheriff of any county within their respective judicial districts to destroy, by burning in the presence of the court, ballots, notes taken by official reporters, county warrants and such other obsolete papers and records of no further legal force or effect as the court may designate after a period of 6 years after the filing thereof. Before any papers or records mentioned herein are destroyed by burning, the [Nevada historical society] division of state, county and municipal archives in the office of the secretary of state shall be notified and a representative thereof shall have the privilege of selecting for retention by the [Nevada historical society] division any such papers or records.

 

________

 

 

CHAPTER 389, AB 527

Assembly Bill No. 527–Clark County Delegation

CHAPTER 389

AN ACT relating to county fair and recreation boards; permitting an alternative method of paying collection fees; and providing other matters properly relating thereto.

 

[Approved May 10, 1975]

 

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

 

      Section 1.  NRS 244.743 is hereby amended to read as follows:

      244.743  In connection with any license taxes assigned or appropriated by any city, town or county, or any combination thereof, for use in connection with NRS 244.640 to 244.780, inclusive, the county fair and recreation board of any county, upon behalf of the county, in addition to powers elsewhere conferred, is authorized and empowered (but is not required):

      1.  To collect the proceeds of such taxes from time to time, to receive, control, invest and order the expenditure of any and all moneys and funds pertaining thereto, to prescribe a procedure therefor, including (but not limited to) enforcing the collection of any delinquent taxes and providing penalties in connection therewith, and to create an office and hire personnel therefor.


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

ê1975 Statutes of Nevada, Page 552 (Chapter 389, AB 527)ê

 

      2.  To defray the reasonable costs of collecting and otherwise administering such taxes from not exceeding 10 percent of the gross revenues so collected (excluding from this limitation and from such gross revenues any costs of collecting any delinquent taxes borne by any delinquent taxpayer). The incorporated cities collectively and any county may enter into an agreement with the board for the payment of collection fees which may be more or less than 10 percent of the gross revenues collected by a particular city or the county, except that the total payment of collection fees to all the cities and the county shall not exceed 10 percent of the combined gross revenues so collected.

      3.  To defray further with the proceeds of any such tax the costs of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby, of operating and maintaining recreational facilities under the jurisdiction of the board, including, without limiting the generality of the foregoing, the payment of reasonable promotional expenses pertaining thereto, payment of reasonable expenses pertaining to the promotion of tourism generally, both individually and through grants to the chambers of commerce of the incorporated cities of the county or other nonprofit groups or associations, and of improving, extending and bettering any recreational facilities authorized by NRS 244.640 to 244.780, inclusive, including but not limited to making annual grants to the state, the county and incorporated cities in the county for capital improvements for recreational facilities, and of constructing, purchasing or otherwise acquiring any such recreational facilities.

      4.  To redeem any general obligation bonds of the county issued pursuant to NRS 244.640 to 244.780, inclusive, principal, interest and any prior redemption premium, regardless of whether such taxes are pledged as additional security for their payment.

      5.  To make contracts from time to time concerning any such license taxes, notwithstanding any such contract may limit the exercise of powers pertaining thereto, including, without limiting the generality of the foregoing, the right of any city, town or the county from time to time to increase, decrease or otherwise modify the tax; but no such change shall be made which shall prejudicially affect any pledge of tax proceeds as additional security for the payment of bonds issued pursuant to NRS 244.640 to 244.780, inclusive, and each other political subdivision assigning or appropriating such taxes pertaining thereto shall consent to any such modification.

      6.  To make rules and regulations concerning such license taxes, and to provide penalties for the failure to comply therewith.

 

________

 


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

ê1975 Statutes of Nevada, Page 553ê

 

CHAPTER 390, SB 217

Senate Bill No. 217–Committee on Transportation

CHAPTER 390

AN ACT relating to drivers’ licenses; requiring the use of a colored photograph which distinguishes between licensees over and under 21 years of age; and providing other matters properly relating thereto.

 

[Approved May 10, 1975]

 

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

 

      Section 1.  NRS 483.347 is hereby amended to read as follows:

      483.347  1.  [The department may, upon being satisfied that it is feasible, produce a driver’s license, bearing a colored photograph of the licensee.

      2.  If a changeover to this style of license is feasible, it shall not become effective until the department has:

      (a) Established] On and after January 1, 1976, the department shall issue a driver’s license which:

      (a) Bears a front view colored photograph of the licensee if he is 21 years of age or older, or a profile view colored photograph if he is under 21 years of age; and

      (b) May be obtained immediately by any applicant upon qualifying therefor, unless the applicant’s current driving record is not immediately available at the issuing office.

      2.  The department shall:

      (a) Establish a uniform procedure for the production of such licenses, applicable to renewal as well as to original licenses.

      (b) [Determined the costs of such production.

      (c) Adjusted the fees provided in NRS 483.410, up to a maximum of 50 cents, if such adjustment is essential to recover additional costs which may be incurred in any such changeover and to that extent only.

      3.  If the department finds that implementation is not feasible before the convening of the 57th session of the Nevada legislature, the department shall report in detail its findings to the 57th session of the legislature.] Increase the fees provided in NRS 483.410 by an amount up to $1.

      Sec. 2.  NRS 483.410 is hereby amended to read as follows:

      483.410  1.  For every driver’s license issued and service performed the following fees shall be charged:

 

A license issued to persons 70 years of age or older.................................. .................................................................................................................... $3

A license issued to all other persons.............................................................   5

Reinstatement of a license after suspension, revocation or cancellation  .................................................................................................................... 5

A duplicate license, new photograph, change of name, change of address or any combination..................................................................   1

 

      2.  For every motorcycle endorsement to a driver’s license a $2 fee shall be charged.

      3.  The increase in fees authorized by NRS 483.347 shall be paid in addition to the fees charged pursuant to subsections 1 and 2.


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

ê1975 Statutes of Nevada, Page 554 (Chapter 390, SB 217)ê

 

      [3.]4.  A penalty of $5 shall be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.380 unless exempt under NRS 483.380.

      [4.]5.  All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.

      [5.]6.  All money collected by the department shall be deposited with the state treasurer to the credit of the motor vehicle fund. The amount of the increase in fees authorized by NRS 483.347 shall be allocated to the department to defray the increased costs of license production required by that section.

      Sec. 3.  Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1975. All other sections of this act shall become effective on July 1, 1975.

 

________

 

 

CHAPTER 391, SB 11

Senate Bill No. 11–Committee on Education

CHAPTER 391

AN ACT relating to public officers and employees; revising provisions on employment of related persons; and providing other matters properly relating thereto.

 

[Approved May 10, 1975]

 

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

 

      Section 1.  NRS 281.210 is hereby amended to read as follows:

      281.210  1.  Except as provided in this section, it is unlawful for any individual acting as a school trustee, state, township, municipal or county official, or as an [official or employee] employing authority of the University of Nevada, [or the head of any department of] any school district or of the state, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the University of Nevada, any relative of such individual or of any member of such board, agency or commission, within the third degree of consanguinity or affinity.

      2.  This section shall not be construed to apply:

      (a) To school districts, when the teacher or other school employee so related is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and shall receive a unanimous vote of all members of the board of trustees and approval by the state department of education.

      (b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more prior to April 1, 1957.

      (c) To the wife of the warden of the Nevada state prison.

      (d) To the wife of the superintendent of the Nevada girls training center.


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

ê1975 Statutes of Nevada, Page 555 (Chapter 391, SB 11)ê

 

      (e) To relatives of blind officers and employees of the services to the blind division of the department of health, welfare and rehabilitation when such relatives are employed as automobile drivers for such officers and employees.

      3.  Nothing in this section shall:

      (a) Prevent any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer.

      (b) Be deemed to disqualify any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.

      4.  No person employed contrary to the provisions of this section shall be compensated for such employment.

      5.  Any person violating any provisions of this section is guilty of a gross misdemeanor.

 

________

 

 

CHAPTER 392, AB 202

Assembly Bill No. 202–Committee on Agriculture

CHAPTER 392

AN ACT relating to pest control; authorizing the executive director of the state department of agriculture to investigate and control vertebrate pests; making an appropriation; and providing other matters properly relating thereto.

 

[Approved May 10, 1975]

 

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

 

      Section 1.  Chapter 555 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The executive director may cooperate, financially or otherwise, with any federal agency or department, any other state agency or department, any county, city, public district or political subdivision of this state, any public or private corporation, any individual or group of individuals in suppressing vertebrate pests injurious to the state agricultural interests and in suppressing vertebrate pest vectors of diseases transmissible and injurious to humans.

      Sec. 2.  NRS 555.005 is hereby amended to read as follows:

      555.005  As used in this chapter, unless the context requires otherwise: [, “department”]

      1.  “Department” means the state department of agriculture.

      2.  “Executive director” means the executive director of the department.

      3.  “Vertebrate pest” means any animal of the subphylum Vertebrata, except predatory animals, which is normally considered to be a pest, such as a gopher, ground squirrel, rat, mouse, starling or blackbird, or which the executive director may declare to be a pest.

      Sec. 3.  NRS 555.010 is hereby amended to read as follows:


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

ê1975 Statutes of Nevada, Page 556 (Chapter 392, AB 202)ê

 

      555.010  Within the limits of any appropriation made by law, the executive director [of the department] is authorized to investigate the prevalence of vertebrate and invertebrate pests of plants and animals, plant diseases and physiological plant disorders which may be injurious to the agricultural industry in the State of Nevada, and institute and carry out such measures for their control as may be required to protect the agricultural industry against loss.

      Sec. 4.  NRS 555.235 is hereby amended to read as follows:

      555.235  As used in NRS 555.235 to 555.249, inclusive:

      1.  “Agent” means any person who:

      (a) Acts upon the authority of another person possessing a valid nursery license in this state; and

      (b) Solicits for the sale of nursery stock.

      2.  “Container” means any receptacle in which nursery stock is packed for shipment, storage or sale.

      3.  [“Executive director” means the executive director of the state department of agriculture.

      4.]  “Inspecting officer” means a person authorized by the department of agriculture to inspect nursery stock.

      [5.]4.  “Licensee” means any person licensed under the provisions of NRS 555.235 to 555.249, inclusive.

      [6.]5.  “Nursery” means any ground or place where nursery stock is grown, stored, packed, treated, fumigated or offered for sale.

      [7.]6.  “Nursery stock” means any plant for planting, propagation or ornamentation, and includes parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.

      [8.]7.  “Peddler” means any person who sells, solicits or offers for sale nursery stock to the ultimate consumer and who does not have an established permanent place of business in the state, but it shall not include nurserymen who wholesale stock to retail nurserymen in this state.

      [9.]8.  “Person” means any individual, firm, corporation, company or association.

      [10.]9.  “Pest” means:

      (a) Any form of animal life detrimental to the nursery industry of the state.

      (b) Any form of vegetable life detrimental to the nursery industry of the state.

      [11.]10.  “Pest disease” means any infectious, transmissible or contagious disease of plants, or any disorder of plants which manifests symptoms or behavior which the director, after investigation, determines to be characteristic of an infectious, transmissible or contagious disease.

      [12.]11.  “Place of business” means any location used to propagate, grow, maintain, hold, sell or distribute nursery stock and includes but is not limited to established permanent places of business, registered places of business, established sales yards, store yards, store or sales locations or similar outlets for which the minimum nursery license fee has been paid.

      [13.]12.  “Sell” means exchange, offer for sale, expose for sale, have in possession for sale or solicit for sale.

      Sec. 5.  NRS 555.530 is hereby amended to read as follows:


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

ê1975 Statutes of Nevada, Page 557 (Chapter 392, AB 202)ê

 

      555.530  The board of directors of a rodent control district may:

      1.  With the approval of the executive director, [of the department,] appoint a rodent control officer.

      2.  Receive and expend any moneys provided by assessment, voluntary contribution or otherwise for the control of rodents in the district.

      3.  Exercise any other power necessary or proper to effectuate the purposes for which the district exists.

      4.  Elect a chairman from among its members, and secretary who may or may not be a member.

      Sec. 6.  NRS 555.2635 is hereby repealed.

      Sec. 7.  There is hereby appropriated from the general fund in the state treasury to the department of agriculture to be used by the division of plant industry for the purpose of administering the program of vertebrate pest control:

      1.  For the remainder of fiscal year 1974–75 the sum of $4,800.

      2.  For the fiscal year 1975–76 the sum of $25,735.

      3.  For the fiscal year 1976–77 the sum of $22,504.

      Sec. 8.  This act shall become effective upon passage and approval.

 

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CHAPTER 393, SB 506

Senate Bill No. 506–Senators Close, Wilson, Bryan, Foote, Hilbrecht, Sheerin and Dodge

CHAPTER 393

AN ACT relating to community property laws; providing equal management and control of the community property to each spouse; deleting provisions which dispensed with probate of community property under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 10, 1975]

 

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

 

      Section 1.  NRS 12.020 is hereby amended to read as follows:

      12.020  [When a married woman is a party, her husband must be joined with her, except:

      1.  When the action concerns her separate property, or her right or claim to the homestead property, she may sue alone.

      2.  When the action is between herself and her husband, she may sue or be sued alone.

      3.  When the husband resides out of, has department from, or after due diligence cannot be found within, the state, or she is living separate and apart from her husband by reason of his desertion of her, or by agreement, in writing, entered into between them, she may sue or be sued alone.]

      1.  Husband and wife may sue jointly on all causes of action belonging to either or both of them, except:

      (a) When the action is for personal injuries, the spouse having sustained personal injuries is a necessary party; and


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

ê1975 Statutes of Nevada, Page 558 (Chapter 393, SB 506)ê

 

      (b) When the action is for compensation for services rendered, the spouse having rendered the services is a necessary party.

      Sec. 2.  NRS 12.030 is hereby amended to read as follows:

      12.030  If husband and wife are sued together, [the wife may defend of her own right,] either or both may defend, and if either [neglect] neglects to defend, the other may defend for both.

      Sec. 3.  Chapter 123 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4.  As used in this chapter, unless the context requires otherwise, words in the masculine gender include the feminine gender.

      Sec. 5.  When a husband and wife sue jointly, any damages awarded shall be segregated as follows:

      1.  If the action is for personal injuries, damages assessed for:

      (a) Personal injuries and pain and suffering, to the injured spouse as his separate property.

      (b) Loss of comfort and society, to the spouse who suffers such loss.

      (c) Loss of services and hospital and medical expenses, to the spouses as community property.

      2.  If the action is for injury to property, damages shall be awarded according to the character of the injured property. Damages to separate property shall be awarded to the spouse owning such property, and damages to community property shall be awarded to the spouses as community property.

      Sec. 6.  NRS 123.050 is hereby amended to read as follows:

      123.050  [Neither husband nor wife is liable for the debts or liabilities of the other incurred before marriage.] Neither the separate property of a spouse nor his share of the community property is liable for the debts of the other spouse contracted before the marriage.

      Sec. 7.  NRS 123.090 is hereby amended to read as follows:

      123.090  If the husband neglects to make adequate provision for the support of his wife, any other person may in good faith supply her with articles necessary for her support, and recover the reasonable value thereof from the husband. The separate property of the husband is liable for the cost of such necessities if the community property of the spouses is not sufficient to satisfy such debt.

      Sec. 8.  NRS 123.100 is hereby amended to read as follows:

      123.100  [A husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified by his misconduct in abandoning him.] A husband or wife abandoned by his spouse is not liable for the support of the abandoning spouse until such spouse offers to return unless the misconduct of the husband or wife justified the abandonment.

      Sec. 9.  NRS 123.130 is hereby amended to read as follows:

      123.130  1.  All property of the wife owned by her before marriage, and that acquired by her afterwards by gift, bequest, devise [or descent,] , descent or by an award for personal injury damages, with the rents, issues and profits thereof, is her separate property.

      2.  All property of the husband owned by him before marriage, and that acquired by him afterwards by gift, bequest, devise [or descent,] , descent or by an award for personal injury damages, with the rents, issues and profits thereof, is his separate property.


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

ê1975 Statutes of Nevada, Page 559 (Chapter 393, SB 506)ê

 

descent or by an award for personal injury damages, with the rents, issues and profits thereof, is his separate property.

      Sec. 10.  NRS 123.140 is hereby amended to read as follows:

      123.140  1.  A full and complete inventory of the separate property of [the wife,] a married person, exclusive of money, [must] may be made out and signed by [her,] such person, acknowledged or proved in the manner required for the acknowledgment or proof of a conveyance of real property, and [shall] may be recorded, if [she be] such person is a resident of this state, in the office of the recorder of the county in which [she] such person resides. If any real property lying in another county [be] is included in [the] a recorded inventory, then the inventory shall be also recorded in the office of the recorder of such other county.

      2.  If the [wife] married person is not a resident of this state, [the] a recorded inventory shall be recorded in the office of the recorder of each county where any portion of the property, real or personal, is situated, located or used.

      3.  From time to time thereafter, a further and supplemental inventory [shall] may be made out, signed, acknowledged or proved, and recorded in like manner, of all other separate property afterward acquired by [the wife,] such married person, excepting money, and the rents, issues and profits of [her] such person’s separate property, included in the original or any subsequent inventory, if the same be in money.

      Sec. 11.  NRS 123.150 is hereby amended to read as follows:

      123.150  1.  When [the wife] a married person is a resident of this state, the filing for record of the inventory of [her] such person’s separate property in the office of the recorder of the county in which [she] such person resides is notice of [her] such person’s title to the same, except as to any real property situate in another county; and as to such real property, the filing for record of the inventory thereof in the office of the recorder of the county where the same is situate, is notice of [her] such person’s title thereto.

      2.  When [the wife] a married person is not a resident of this state, the filing for record of the inventory of [her] such person’s separate property in the office of the recorder of the county where any portion of such property, real or personal, included in the inventory is situate, located or used, is notice of [her] such person’s title as to all such property situate, located or used in such county.

      Sec. 12.  NRS 123.160 is hereby amended to read as follows:

      123.160  1.  When [the wife] a married person is a resident of this state, the failure to file for record an inventory of [her] such person’s separate property in the office of the recorder of the county [in which she resides,] of residence, or the omission from the inventory, filed for record in such office, of any part of such property, except as to real property situate in another county, is prima facie evidence, as between [the wife] such married person and purchasers in good faith and for a valuable consideration from [the husband,] the other spouse, that the property of which no inventory has been so filed, or which has been omitted from the inventory, is not the separate property of [the wife.] such person. As to any real property situate in another county, the failure to file for record an inventory thereof in the office of the recorder of the county where the same is situate, or the omission from the inventory, filed for record in such office, of any part of such real property, is prima facie evidence, as between [the wife] the married person and such purchasers as aforesaid, that such real property of which no inventory has been so filed, or which has been omitted from the inventory, is not [her] such person’s separate property.


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

ê1975 Statutes of Nevada, Page 560 (Chapter 393, SB 506)ê

 

an inventory thereof in the office of the recorder of the county where the same is situate, or the omission from the inventory, filed for record in such office, of any part of such real property, is prima facie evidence, as between [the wife] the married person and such purchasers as aforesaid, that such real property of which no inventory has been so filed, or which has been omitted from the inventory, is not [her] such person’s separate property.

      2.  When [the wife] a married person is not a resident of this state, the failure to file for record an inventory of [her] such person’s separate property in the office of the recorder of the county where any portion of such property is situate, located or used, or the omission from the inventory, filed in such office, of any part of such property, is, as to all such property situate, located or used in that county, of which no inventory has been so filed, or which has been omitted from the inventory, prima facie evidence, as between the [wife] married person and such purchasers as aforesaid, that the same is not [her] such person’s separate property.

      3.  The provisions of NRS 123.140, 123.150 and this section do not preclude the introduction of other evidence to show the separate or community character of the property of the spouses.

      Sec. 13.  NRS 123.170 is hereby amended to read as follows:

      123.170  [The wife] Either spouse may, without the consent of [her husband,] the other spouse, convey, charge, encumber or otherwise in any manner dispose of [her] his separate property.

      Sec. 14.  NRS 123.180 is hereby amended to read as follows:

      123.180  [The earnings and accumulations of the wife and of her minor children, living with her or in her custody, while she is living separate from her husband, are the separate property of the wife.]

      1.  Any property acquired by a child by gift, bequest, devise or descent, with the rents, issues and profits thereof, is his own property, and neither parent is entitled to any interest therein.

      2.  The earnings and accumulations of earnings of a minor child are the community property of his parents unless relinquished to the child. Such relinquishment may be shown by written instrument, proof of a specific oral gift, or proof of a course of conduct.

      3.  When a husband and wife are living separate and apart the earnings and accumulations of earnings of their minor children, unless relinquished, are the separate property of the spouse who has their custody or, if no custody award has been made, then the separate property of the spouse with whom such children are living.

      Sec. 15.  NRS 123.220 is hereby amended to read as follows:

      123.220  All property, other than that stated in NRS 123.130, acquired after marriage by either husband or wife, or both, [except as provided in NRS 123.180 and 123.190, is community property.] is community property unless otherwise provided by:

      1.  An agreement in writing between the spouses, which is effective only as between them.

      2.  A decree of separate maintenance issued by a court of competent jurisdiction.

      3.  NRS 123.190.

      Sec. 16.  NRS 123.230 is hereby amended to read as follows:


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

ê1975 Statutes of Nevada, Page 561 (Chapter 393, SB 506)ê

 

      123.230  [The husband shall have the entire management and control of the community property, with the like absolute power of disposition thereof, except as provided in this chapter, as of his own separate estate; provided:

      1.  That no deed of conveyance or mortgage of any real property held as community property shall be valid for any purpose whatever unless both the husband and wife execute and acknowledge the same, except as provided in subsection 3.

      2.  That the wife shall have the entire management and control of the earnings and accumulations of herself and her minor children living with her, with the like power of disposition thereof, when the earnings and accumulations are used for the care and maintenance of the family.]

      1.  Either spouse, acting alone, may manage and control community property, whether acquired before or after July 1, 1975, with a like power of disposition as the acting spouse has over his separate property, except that:

      (a) Neither spouse may devise or bequeath by will more than one-half of the community property.

      (b) Neither spouse may make a gift of community property without the express or implied consent of the other.

      (c) Neither spouse may sell, convey or encumber the community real property without the other spouse joining in the execution of the deed or other instrument by which the real property is sold, conveyed or encumbered, and such deed or other instrument must be acknowledged by both spouses.

      (d) Neither spouse may purchase or contract to purchase community real property without the other spouse’s joining in the transaction of purchase or in the execution of the contract to purchase.

      (e) Neither spouse may create a security interest, other than a purchase money security interest as defined in NRS 104.9107, in, or sell, community household goods, furnishings, appliances or automobiles unless the other spouse joins in executing the security agreement or contract of sale, if any.

      (f) Neither spouse may acquire, purchase, sell, convey or encumber the assets, including real property and goodwill, of a business where both spouses participate in its management without the consent of the other. If only one spouse participates in such management, he may, in the ordinary course of such business, acquire, purchase, sell, convey or encumber the assets, including real property and goodwill, of the business without the consent of the nonparticipating spouse.

      [3.  The] 2.  Notwithstanding the provisions of subsection 1, the husband or wife may, by written power of attorney, give to the other the complete power to sell, convey or encumber any [real] property held as community property.

      Sec. 17.  NRS 123.250 is hereby amended to read as follows:

      123.250  1.  Upon the death of either husband or wife [, one-half of] :

      (a) An undivided one-half interest in the community property [belongs to the surviving spouse; the other half] is the property of the surviving spouse and his or her sole separate property.


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

ê1975 Statutes of Nevada, Page 562 (Chapter 393, SB 506)ê

 

      (b) The remaining interest is subject to the testamentary disposition of the decedent, [and] in the absence thereof goes to the surviving spouse, and is the only portion subject to [the provisions of NRS 123.260.] administration under the provisions of Title 12 of NRS.

      2.  The provisions of this section apply to all community property, whether acquired prior to subsequent to July 1, [1957.] 1975.

      Sec. 18.  NRS 41.170, 123.040, 123.120, 123.200, 123.210 and 123.260 are hereby repealed.

 

________

 

 

CHAPTER 394, SB 455

Senate Bill No. 455–Committee on Judiciary

CHAPTER 394

AN ACT relating to county government; providing for the sheriff of each county to serve on the county license and liquor boards; and providing other matters properly relating thereto.

 

[Approved May 10, 1975]

 

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

 

      Section 1.  NRS 244.345 is hereby amended to read as follows:

      244.345  1.  Every person, firm, association of persons or corporation wishing to engage in the business of conducting a billiard or pool hall, dancing hall, bowling alley, theater, soft-drink establishment, gambling game or device permitted by law, or other place of amusement, entertainment or recreation, outside of an incorporated city or incorporated town, shall:

      (a) Make application by petition to the license board, as provided in subsection 2, of the county in which any such business is to be engaged in, for a county license of the kind desired. Such application shall be in a form prescribed by the regulations of the license board.

      (b) File the application with the required license fee with the county license collector, who shall present the same to the license board at its next regular meeting.

The board may refer the petition to the sheriff, who shall report upon the same at the following regular meeting of the board. The board shall then and there grant or refuse the license prayed for or enter such other order as is consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the sheriff may, in his discretion, grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed under the provisions of chapter 269 of NRS, the license board shall have the exclusive power to license and regulate the businesses herein set forth.

      2.  The board of county commissioners [of each county,] and the sheriff of [any] each county [which does not have a metropolitan police department under the provisions of chapter 280 of NRS,] shall constitute the license board, and the county clerk or other person designated by the license board shall be the clerk thereof, in the respective counties of this state.


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

ê1975 Statutes of Nevada, Page 563 (Chapter 394, SB 455)ê

 

license board shall be the clerk thereof, in the respective counties of this state.

      3.  The license board is empowered and commissioned to act for the purposes of this section (without further compensation to the board or the clerk thereof) as a license board to:

      (a) Fix, impose and collect license fees upon the businesses herein mentioned.

      (b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.

      (c) Adopt, amend and repeal regulations relating to licenses and licensees.

      (d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order shall state the reason for suspension or limitation and shall afford the licensee a hearing.

      4.  The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the businesses mentioned in this section. Notice of such hearing shall be published in a newspaper published in and having general circulation in the county at least once a week for a period of 2 weeks before the hearing.

      5.  New regulations shall be adopted after the public hearing by a vote of at least two-thirds of the members present. Upon adoption of new regulations the board shall designate their effective date, which shall not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations shall be mailed to the address of each licensee and each practicing attorney in the county.

      6.  Except for the adoption of new regulations a majority vote of the members of the license board present shall govern in the transaction of all business. A majority of the members thereof shall constitute a quorum for the transaction of business.

      7.  Any person, firm, association of persons or corporation who shall engage in any of the businesses herein mentioned without first having obtained the license and paid the license fee therefor as herein provided shall be guilty of a misdemeanor.

      8.  In any 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, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any female for the purpose of prostitution.

      Sec. 2.  NRS 244.350 is hereby amended to read as follows:

      244.350  1.  The board of county commissioners [in each of the several counties,] and the sheriff of [any] each county [which does not have a metropolitan police department under the provisions of chapter 280 of NRS,] are empowered and commissioned, for the purposes of this section, to act jointly, without further compensation, as a liquor board, to grant or refuse liquor licenses, and to revoke such licenses whenever there is, in the judgment of a majority of the board, sufficient reason for such revocation.


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

ê1975 Statutes of Nevada, Page 564 (Chapter 394, SB 455)ê

 

      2.  It is hereby declared to be the power and duty of the liquor board in each of the several counties to enact ordinances:

      (a) Regulating the sale of intoxicating liquors in their respective counties.

      (b) Fixing the hours of each day during which liquor may be sold or disposed of.

      (c) Prescribing the conditions under which liquor may be sold or disposed of.

      (d) Prohibiting the employment or service of females or minors in the sale or disposition of liquor.

      (e) Prohibiting the sale or disposition of liquor in places where, in the judgment of the board, such sale or disposition may tend to create or constitute a public nuisance, or whereby the sale or disposition of liquor a disorderly house or place is maintained.

      3.  All liquor dealers within any incorporated city or town are to be exempt from the force and effect of this section, and are to be regulated only by the city government therein.

 

________

 

 

CHAPTER 395, AB 530

Assembly Bill No. 530–Committee on Government Affairs

CHAPTER 395

AN ACT relating to the secretary of state; increasing certain photocopy fees; permitting charges to public agencies for certain services; and providing other matters properly relating thereto.

 

[Approved May 10, 1975]

 

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

 

      Section 1.  NRS 225.110 is hereby amended to read as follows:

      225.110  1.  The secretary of state is invested with all the duties, powers, purposes, responsibilities and jurisdiction of the photocopy room. He shall be responsible for its management and he shall administer all of its activities.

      2.  The secretary of state may have such technical and operational staff as the execution of the work in the photocopy room may require.

      3.  The secretary of state is authorized to collect such fees as may be provided by law for photocopies, microfilming and other work performed in the photocopy room, and such fees shall be deposited in the general fund. He may accept contributions of photocopy paper, chemicals, microfilm and other supplies from other state departments and agencies and from the various political subdivisions [.] and may charge a reasonable fee for services performed for such departments, agencies and subdivisions.

      4.  Funds to carry out the provisions of this section shall be provided by legislative appropriation from the general fund, and shall be paid out on claims against the fund of the office of the secretary of state as other claims against the state are paid.


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

ê1975 Statutes of Nevada, Page 565 (Chapter 395, AB 530)ê

 

claims against the state are paid. All claims shall be approved by the secretary of state before they are paid.

      Sec. 2.  NRS 78.785 is hereby amended to read as follows:

      78.785  1.  The fee for filing a certificate of change of location of principal office or resident agent, or a new designation of resident agent following resignation, death or removal from the state of the resident agent previously designated, shall be $5.

      2.  The fee for filing a designation of resident agent, other than as provided in NRS 78.160, shall be $5.

      3.  The fee for certifying to articles of incorporation where a copy is provided shall be $5.

      4.  The fee for certifying to a copy of amendment to articles of incorporation, or to a copy of the articles as amended where a copy is furnished, shall be $5.

      5.  The fee for certifying to an authorized printed copy of the general corporation law as compiled by the secretary of state shall be $5.

      6.  The fee for certifying to the reservation of a corporate name shall be $2.

      7.  The fee for executing any certificate not provided for in NRS 78.760 to 78.785, inclusive, shall be $5.

      8.  The fee for comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made therein before certifying thereto, shall be 20 cents for each folio of 100 words of each document or paper so compared.

      9.  The fee for furnishing a photostatic copy of any document, paper or record on file or of record in the office of the secretary of state shall be [50 cents] $1 per photostatic page where such page does not exceed 8 1/2 by 14 inches. For photostatic pages of larger size, the secretary of state may charge such fee as he may determine to be reasonable.

      10.  The fee for filing a list of officers and directors or trustees shall be as provided in NRS 78.150.

 

________

 

 

CHAPTER 396, AB 323

Assembly Bill No. 323–Committee on Agriculture

CHAPTER 396

AN ACT to amend NRS 650.040, relating to licensing of traveling merchants, by deleting exemption of persons vending certain food products; and providing a penalty.

 

[Approved May 10, 1975]

 

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

 

      Section 1.  NRS 650.040 is hereby amended to read as follows:

      650.040  The provisions of this chapter [shall] do not apply to persons engaged in the disposal of [products of the soil, poultry, eggs, livestock, honey or dairy products] fruits, vegetables, eggs or honey if the vendor is a bona fide producer or grower thereof and transports such products [of the soil, poultry, eggs, livestock, honey or dairy products] from the place of production or growing to the place of sale in a vehicle owned by [and standing in his name.]


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

ê1975 Statutes of Nevada, Page 566 (Chapter 396, AB 323)ê

 

products [of the soil, poultry, eggs, livestock, honey or dairy products] from the place of production or growing to the place of sale in a vehicle owned by [and standing in his name.] him.

 

________

 

 

CHAPTER 397, AB 745

Assembly Bill No. 745–Committee on Ways and Means

CHAPTER 397

AN ACT relating to public purchasing; providing for flexible identification, as prescribed by the department of general services, for state-owned vehicles; and providing other matters properly relating thereto.

 

[Approved May 10, 1975]

 

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

 

      Section 1.  NRS 334.010 is hereby amended to read as follows:

      334.010  1.  Except as otherwise provided in this subsection, and in subsections 2 and 3, and except for automobiles to be used as ambulances, any automobile purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed $5,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in. The state board of examiners, however, may approve the purchase of an automobile costing more than $5,000 if the purpose of the automobile is to carry [7] seven or more passengers or if it is a multipurpose automobile.

      2.  Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed $9,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.

      3.  Any automobile purchased for use as a highway patrol vehicle shall cost a sum of money not to exceed $6,000 as the entire purchase price thereof, whether to be paid for entirely in money or in part by exchange of another automobile traded in.

      4.  No automobile [shall] may be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.

      5.  All such automobiles shall be used for official purposes only.

      6.  All such automobiles, except automobiles maintained for and used by the governor or by or under the authority and direction of the state board of parole commissioners, the state contractors’ board and auditors, the state fire marshal, the investigation and narcotics division of the department of law enforcement assistance and investigators of the state gaming control board and the attorney general, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center, shall be labeled [on both sides thereof] by painting the words “State of Nevada” and “For Official Use Only” thereon in plain lettering.


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

ê1975 Statutes of Nevada, Page 567 (Chapter 397, AB 745)ê

 

“State of Nevada” and “For Official Use Only” thereon in plain lettering. [and by placing a facsimile of the great seal of the State of Nevada thereon. The facsimile shall not be less than 8 inches in diameter and shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible. The public service commission of Nevada shall furnish each state department or officer with stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on each such automobile and shall charge the necessary costs thereof to the department or officer receiving the same.] The director of the department of general services or his representative shall prescribe the size and location of the label for all such automobiles.

      7.  Any officer or employee of the State of Nevada who violates any provision of this section [shall be] is guilty of a misdemeanor.

 

________

 

 

CHAPTER 398, SB 315

Senate Bill No. 315–Senator Schofield (by request)

CHAPTER 398

AN ACT relating to fire prevention and safety; granting fire chiefs in cities and towns the powers and duties of deputy state fire marshals in enforcing certain laws and regulations; and providing other matters properly relating thereto.

 

[Approved May 12, 1975]

 

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

 

      Section 1.  NRS 477.030 is hereby amended to read as follows:

      477.030  1.  The state fire marshal shall enforce all laws and make rules and regulations relating to:

      (a) Fire prevention.

      (b) The storage and use of combustibles, flammables, fireworks and explosives.

      (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, child care facilities, foster homes, adult group care facilities, intermediate care facilities, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly, and all other buildings where large numbers of persons work, live or congregate from time to time for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

      (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.


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

ê1975 Statutes of Nevada, Page 568 (Chapter 398, SB 315)ê

 

      2.  The fire chief or his designated representative in each incorporated or unincorporated city or town having an organized fire department shall have the powers and duties of a deputy state fire marshal with respect to enforcement of the laws and regulations described in subsection 1, and he shall enforce such laws and regulations without additional compensation.

      3.  The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.

      [3.]4.  The state fire marshal shall cooperate with the state forester firewarden in the preparation of rules and regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

      [4.]5.  The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for, overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

      [5.]6.  The state fire marshal and his deputies shall have such powers and perform such other duties as are prescribed by law.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1975.

 

________

 

 

CHAPTER 399, SB 478

Senate Bill No. 478–Committee on Government Affairs

CHAPTER 399

AN ACT authorizing boards of county commissioners to enter into contracts, leases, franchises, exchanges of property and other transactions extending beyond the terms of the county commissioners then in office; requiring notice and public hearing; and providing other matters properly relating thereto.

 

[Approved May 12, 1975]

 

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

 

      Section 1.  NRS 244.320 is hereby amended to read as follows:

      244.320  [1.  Except as otherwise authorized by law, no member of any board of county commissioners shall be allowed to vote on any contract which extends beyond his term of office.

      2.  Any county commissioner violating the provisions of subsection 1 shall be deemed guilty of a misdemeanor.]

      1.  Except as otherwise authorized by law, a board of county commissioners may not enter into any contract, lease, franchise, exchange of property or other transaction extending beyond the terms of the county commissioners then in office unless a resolution containing a notice of intention is adopted at a regular meeting of the board.

      2.  The notice of intention shall:


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

ê1975 Statutes of Nevada, Page 569 (Chapter 399, SB 478)ê

 

      (a) Set forth in detail the purpose, terms and conditions of the proposed contract, lease, franchise, exchange of property or other transaction.

      (b) Be published in full in at least one issue of a newspaper published in the county or, if there is no such newspaper, in a newspaper having general circulation therein.

      (c) Set the date, time and place of a public hearing which shall not be earlier than the date of the next following regular meeting of the board of county commissioners.

      3.  At the place, date and hour specified for the public hearing in the notice of intention or at any subsequent time to which the public hearing may be adjourned, the board of county commissioners shall hear any objections or protests made by any person or persons.

      4.  The board of county commissioners may authorize, reject or amend any such proposed contract, lease, franchise, exchange of property or other transaction at any time after such public hearing.

      Sec. 2.  NRS 244.185 is hereby amended to read as follows:

      244.185  1.  Except as provided in NRS 318.1194, the boards of county commissioners shall have power and jurisdiction in their respective counties to grant to any person, company or association a franchise to construct, maintain and operate a television installation system which requires the use of county property or that portion of the county dedicated to public use for the maintenance of cables or wires, underground, on the surface or on poles, for the transmission of the television picture.

      2.  The provisions of chapter 709 of NRS shall not be applicable to any franchise granted under the provisions of this section. [, and a member of any board of county commissioners shall be allowed to vote on any such franchise which extends beyond his term of office, irrespective of the provisions of NRS 244.320.]

      Sec. 3.  NRS 244.187 is hereby amended to read as follows:

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

      (a) Garbage and disposal.

      (b) Fire protection and suppression.

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

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

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

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

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

 


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

ê1975 Statutes of Nevada, Page 570 (Chapter 399, SB 478)ê

 

of any board of county commissioners may vote on any such franchise notwithstanding the provisions of NRS 244.320.]

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

      Sec. 4.  NRS 244.194 is hereby amended to read as follows:

      244.194  [1.]  Boards of county commissioners may rent, lease or otherwise acquire voting machines in whatever manner will best serve local interests.

      [2.  The provisions of NRS 244.320 shall not apply to this section.]

      Sec. 5.  NRS 244.275 is hereby amended to read as follows:

      244.275  1.  The boards of county commissioners shall have power and jurisdiction in their respective counties:

      (a) To purchase any real or personal property necessary for the use of the county.

      (b) To lease any real or personal property necessary for the use of the county. [The provisions of NRS 244.320 shall not apply concerning leases of real property, and members of the board shall be allowed to vote on any contract or lease which extends beyond their terms of office.]

      2.  No purchase of real property shall be made unless the value of the same has been previously appraised and fixed by one or more competent real estate appraisers to be appointed for that purpose by the county commissioners. The person or persons so appointed shall be sworn to make a true appraisement thereof according to the best of their knowledge and ability. Purchases of real property from other federal, state or local governments are exempt from such requirement of appraisement.

      Sec. 6.  NRS 244.283 is hereby amended to read as follows:

      244.283  1.  When the board of county commissioners determines that the lease of real property belonging to the county for industrial or recreational purposes is necessary, the board shall have the power to lease such real property, whether acquired by purchase, dedication or otherwise. The provisions of this subsection shall not be construed to permit the lease of any real property in contravention of any condition in a gift or devise of real property to the county.

      2.  Before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution shall:

      (a) Describe the property proposed to be leased in such manner as to identify it.

      (b) Specify the minimum rental, and the terms upon which it will be leased.

      (c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed proposals to lease will be received and considered.

      3.  Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by:

      (a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and


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

ê1975 Statutes of Nevada, Page 571 (Chapter 399, SB 478)ê

 

      (b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.

      4.  At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received shall, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease and which are made by responsible bidders, the proposal which is the highest shall be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.

      5.  Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution, for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person shall be finally accepted.

      6.  The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.

      7.  The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from lease.

      8.  Any resolution of acceptance of any bid made by the board shall authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith. [The provisions of NRS 244.320 shall not apply concerning the resolution of acceptance and the execution of a lease under the provisions of this section.]

      9.  All moneys received from rentals of real property shall be deposited forthwith with the county treasurer to be credited to the county general fund.

      Sec. 7.  NRS 244.284 is hereby amended to read as follows:

      244.284  1.  In addition to the powers conferred by NRS 450.500, the board of county commissioners may lease any of the real property of the county for a term not exceeding 30 years, if such real property is not needed for the public purposes of the county and is let to or for any nonprofit charitable or civic organization, and the property is actually used for charitable or civic purposes.

      2.  A lease pursuant to this section may be made on such terms and conditions as seem proper to the board of county commissioners.

      [3.  The provisions of NRS 244.320 shall not apply to any proceeding concerning a lease entered into pursuant to this section.]

      Sec. 8.  NRS 269.125 is hereby amended to read as follows:

      269.125  1.  In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall have the power and duty to hold, manage, use and dispose of the real and personal property of any unincorporated town or city and the board of county commissioners shall collect all dues and demands belonging to or coming to the same.


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

ê1975 Statutes of Nevada, Page 572 (Chapter 399, SB 478)ê

 

or coming to the same. No sale of any such property shall be made until after it be appraised by three appraisers, taxpayers of the town or city, appointed by a district judge of the county, at the actual market value, nor shall it be sold for less than three-fourths of such appraised value.

      2.  Except as provided in NRS 318.1194, the boards of county commissioners shall have power and jurisdiction in their respective counties to grant to any person, company or association, with the approval of the town board involved, a franchise to construct, maintain and operate a television installation system which requires the use of the property of any unincorporated town in the county or that portion of the unincorporated town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture. The provisions of chapter 709 of NRS shall not be applicable to any franchise granted under the provisions of this subsection. [, and a member of any board of county commissioners shall be allowed to vote on any such franchise which extends beyond his term of office, irrespective of the provisions of NRS 244.320.]

      Sec. 9.  NRS 277.050 is hereby amended to read as follows:

      277.050  1.  As used in this section, “public agency” includes the United States or a department or agency thereof, the State of Nevada or a department or agency thereof, a county, Carson City, a public corporation and a public district.

      2.  Without a vote of the electors of a public agency first being had, the governing body thereof is authorized:

      (a) To sell or exchange to another public agency any unused real property belonging to it, which, at the time of delivery of title or possession, is no longer required for public use by the selling or exchanging public agency.

      (b) To lease to another public agency, for a term not exceeding 99 years, any unused real property belonging to it, which, at the time of delivery of possession, is no longer required for public use by the lessor public agency.

      3.  A sale or exchange may be:

      (a) Negotiated without advertising for public bids.

      (b) Made for cash or property, or for part cash and property, or for part cash and terms of deferred payments secured by mortgage or deed of trust, but the purchasing public agency or exchanging public agencies shall pay or convey property worth an amount at least equal to the current appraised value of the real property being conveyed or exchanged. Funds derived from a sale shall be used for capital outlay.

      4.  A lease may be:

      (a) Negotiated without advertising for public bids.

      (b) Made for such consideration as may be authorized by action of the governing body of the lessor public agency.

      5.  Before ordering the sale, exchange or lease of any such property the governing body of a public agency shall, in a regular open meeting, by a majority vote of its members, adopt a resolution declaring its intention to sell or exchange the same, or a resolution declaring its intention to lease the same, as the case may be. The resolution shall:

      (a) Describe the property proposed to be sold, exchanged or leased in such a manner as to identify it.


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

ê1975 Statutes of Nevada, Page 573 (Chapter 399, SB 478)ê

 

      (b) Specify the minimum price, consideration or rent and the terms upon which it will be sold, exchanged or leased.

      (c) Fix a time not less than 2 weeks thereafter for a public meeting of the governing body, at which meeting objections to the sale, exchange or lease may be made by the electors of the public agency.

      6.  Notice of the adoption of the resolution and of the time and place of the public meeting shall be published in a newspaper of general circulation published in the county in which the public agency or any part thereof is situated. The notice shall be published not less than twice, on successive days, the last publication to be not less than 7 days before the date of the public meeting.

      7.  Any resolution accepting a bid or any other form of acceptance of a bid by another public agency shall authorize and direct the chairman, president or other presiding officer of the governing body of the selling, exchanging or lessor public agency to execute a deed or lease and to deliver the same to the purchasing, exchanging or lessee public agency upon the performance and compliance by it of all the terms and conditions of the contract to be performed concurrently therewith.

      [8.  The provisions of NRS 244.320 do not apply to any sale, exchange or lease authorized by this section and any board of county commissioners may vote on any such sale, exchange or lease agreement which extends beyond their respective terms of office.]

      Sec. 10. NRS 318.150 is hereby amended to read as follows:

      318.150  1.  Except as otherwise provided in this chapter, the board shall have the power to enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project. [A contract or agreement between the board and a board of county commissioners for the supplying of water by the district to county buildings or facilities is not subject to the provisions of NRS 244.320.]

      2.  Any improvement or improvements of any nature made in any district where the entire cost, value or amount of such work, including labor and materials, exceeds $5,000, except by labor or supplies and materials, or all of such, supplied under agreement with the United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, shall be done only under independent contract to be entered into by the district with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids. The board shall have the right to reject any and all bids and to waive any irregularity in any bid. The requirement of public notice and competitive bidding may be waived, with the permission of the board of county commissioners, upon application in writing signed by the owners of property in the district whose aggregate value is 75 percent or more of the total assessed value of taxable property in the district. Any contract may be let on a lump sum or unit basis. No contract shall be entered into for work where the value of the work exceeds $2,000 unless the contractor furnishes to the board a performance bond and a payment bond as provided in NRS 339.025, but each such performance bond and each such payment bond shall be for 100 percent of the contract amount.


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ê1975 Statutes of Nevada, Page 574 (Chapter 399, SB 478)ê

 

such performance bond and each such payment bond shall be for 100 percent of the contract amount. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the performance bond, or otherwise.

      3.  All supplies and materials purchased by the board for any district (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids. The board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturer’s authorized dealer.

      Sec. 11.  NRS 361.607 is hereby amended to read as follows:

      361.607  1.  When the board of county commissioners determines that the lease of any property referred to in NRS 361.606 will be to the advantage of the county, the board may grant leases thereon on such terms and conditions as it sees fit to the highest responsible bidder by competitive bidding, under regulations promulgated in advance, on the basis of a cash bonus as the sole biddable factor.

      2.  Before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution shall:

      (a) Describe the property proposed to be leased in such manner as to identify it.

      (b) Specify the annual rental, royalty, term of the lease and the other terms upon which it will be leased, including a cash consideration which shall be the sole biddable factor to be included in all bids submitted. All sealed bids shall be accompanied by a deposit not less than 20 percent of the amount bid. Such deposit shall be by cashier’s check, certified check, United States currency, or a United States money order. The resolution shall also specify that oral bids will be received after all sealed bids have been opened, examined and declared. In the event an oral bid is the highest bid, the bidder thereof shall in like manner immediately deposit not less than 20 percent of the amount bid.

      (c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed bids to lease will be received and considered.

      3.  Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by:

      (a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and

      (b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.

      4.  At the time and place fixed in the resolution for the meeting of the board, all sealed bids which have been received shall be opened, examined and declared by the board.


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

ê1975 Statutes of Nevada, Page 575 (Chapter 399, SB 478)ê

 

      5.  After all sealed bids have been opened, examined and declared, the board shall at the same session call for oral bids. The first such oral bid must exceed by at least 5 percent the highest sealed bid. Any subsequent oral bid or bids must exceed the amount of the next preceding oral bid.

      6.  The highest bid (sealed or oral) made by a responsible party shall be accepted, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, but if the board deems such action to be for the best public interest, it may reject any and all bids, either written or oral, and withdraw the property from lease.

      7.  Any resolution of acceptance of any bid made by the board shall authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith. [The provisions of NRS 244.320 shall not apply concerning the resolution of acceptance and the execution of a lease under the provisions of this section.]

      8.  All moneys received from the leases of such property shall be deposited forthwith with the county treasurer to be credited to the county general fund.

      Sec. 12.  NRS 450.500 is hereby amended to read as follows:

      450.500  1.  The board of county commissioners of any county for which a public hospital has been established pursuant to NRS 450.010 to 450.510, inclusive, or established otherwise but administered pursuant to NRS 450.010 to 450.510, inclusive, may convey such hospital, or lease it for a term of not more than 50 years, to a nonprofit corporation if all of the following minimum conditions are met:

      (a) The nonprofit corporation shall be composed initially of the incumbent members of the board of hospital trustees, as individuals. The articles of incorporation shall provide for a membership of the corporation which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county. The articles shall further provide for the selection of the governing body by the membership of the corporation and not by the governing body itself, except to fill a vacancy for the unexpired term. The articles shall further provide that the terms of office of members of the governing body shall not exceed 6 years.

      (b) The nonprofit corporation shall contract to care for indigent patients at a charge to the county which shall not exceed the actual cost of providing such care, and to receive any person falling sick or maimed within the county.

      (c) The nonprofit corporation shall agree to accept all the current assets, including accounts receivable, to assume all the current liabilities, and to take over and maintain the records of the existing public hospital.

      (d) The agreement shall provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests pertaining to the existing public hospital.

      (e) The agreement shall provide for the assumption by the corporation of all indebtedness of the county which is attributable to the hospital, and:


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

ê1975 Statutes of Nevada, Page 576 (Chapter 399, SB 478)ê

 

             (1) If the hospital is conveyed, for payment to the county of its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed, immediately or by deferred installments over a period of not more than 30 years.

             (2) If the hospital is leased, for a rental which will over the term of the lease reimburse the county for its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed. The lease may provide a credit against the rental so required for the value of any capital improvements made by the corporation.

      2.  Boards of county commissioners which have joint responsibility for a public hospital may jointly exercise the power conferred by subsection 1, and are subject jointly to the related duties.

      3.  [The provisions of NRS 244.320 do not apply to the making of any lease or contract pursuant to this section.

      4.]  If any hospital which has been conveyed pursuant to this section ceases to be used as a community nonprofit hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another community nonprofit hospital for the county, the hospital so conveyed shall revert to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a nonprofit community hospital, the lease shall terminate.

      Sec. 13.  NRS 495.060 is hereby amended to read as follows:

      495.060  [NRS 244.320 and all other] All acts and parts of acts in conflict with NRS 495.040 and 495.050 are repealed insofar as the same apply to or interfere with the provisions of NRS 495.040 and 495.050, and not in any other particular.

      Sec. 14.  NRS 544.050 is hereby amended to read as follows:

      544.050  [Notwithstanding the provisions of NRS 244.320, or any other law, the counties] Counties in cooperating with the director in conducting any weather modification program in fulfillment of the purposes of NRS 544.010 to 544.060, inclusive, are [hereby] authorized to enter into 5-year agreements with the director.

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

 

________

 

 

CHAPTER 400, SB 534

Senate Bill No. 534–Senator Sheerin

CHAPTER 400

AN ACT relating to judgment and execution in criminal proceedings; requiring the court to disclose the presentence investigation report to the defendant regardless of whether or not he is represented by counsel.

 

[Approved May 12, 1975]

 

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

 

      Section 1.  NRS 176.156 is hereby amended to read as follows:

      176.156  1.  The court shall disclose to the district attorney, [and] to counsel for the defendant [, or] and to the defendant, [if he is without counsel,] the factual content of the report of the presentence investigation and the recommendations of the probation service and afford an opportunity to each party to comment thereon.


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

ê1975 Statutes of Nevada, Page 577 (Chapter 400, SB 534)ê

 

counsel,] the factual content of the report of the presentence investigation and the recommendations of the probation service and afford an opportunity to each party to comment thereon.

      2.  The sources of confidential information shall not be disclosed.

 

________

 

 

CHAPTER 401, AB 479

Assembly Bill No. 479–Committee on Commerce

CHAPTER 401

AN ACT relating to the Unemployment Compensation Law; clarifying the administration of moneys from the federal unemployment trust fund; authorizing certain expenditures; and providing other matters properly relating thereto.

 

[Approved May 12, 1975]

 

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

 

      Section 1.  NRS 612.617 is hereby amended to read as follows:

      612.617  1.  Money credited to the account of this state in the unemployment trust fund by the Secretary of the Treasury of the United States of America pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), may be requisitioned and used for the payment of expenses incurred for the administration of this chapter, pursuant to a specific appropriation by the legislature, if the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:

      (a) Specifies the purposes for which such money is appropriated and the amounts appropriated therefor;

      (b) Limits the period within which such money may be expended to a period ending not more than 2 years after the date of the enactment of the appropriation law; and

      (c) Limits the amount which may be used during a 12-month period beginning on July 1 and ending on June 30 of the following year to an amount which does not exceed the amount by which the aggregate of the amounts credited to the account of this state pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), during the same 12-month period and the 24 preceding 12-month periods, exceeds the aggregate of the amounts used pursuant to this section and charged against the amounts credited to the account of this state during any of such 25 12-month periods.

      2.  For the purposes of subsection 1, amounts used during any such 12-month period shall be charged against equivalent amounts which were first credited and which are not already so charged, except that no amount used during any such 12-month period for the administration of this chapter may be charged against any amount credited during such a 12-month period earlier than the 24th preceding period.

      3.  Money credited to the account of this state pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), may not be withdrawn or used except for:


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

ê1975 Statutes of Nevada, Page 578 (Chapter 401, AB 479)ê

 

      (a) The payment of benefits; and

      (b) The payment of expenses for the administration of this chapter pursuant to this section.

      4.  [Money requisitioned for the payment of expenses of administration pursuant to this section shall be deposited in the unemployment compensation administration fund and until expended shall remain a part of the unemployment compensation fund. The executive director shall maintain a separate record of the deposit, obligation, expenditure and return of funds so deposited.

      5.  If any money so deposited pursuant to subsection 4 is, for any reason, not expended for the purpose for which it was appropriated, or if it remains unexpended at the end of the period specified by the law appropriating such money, it shall be withdrawn and returned to the Secretary of the Treasury of the United States for credit to this state’s account in the unemployment trust fund.] Money appropriated for the payment of expenses of administration pursuant to this section shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, shall be deposited in the unemployment compensation administration fund from which such payments shall be made. The executive director shall maintain a separate record of the deposit, obligation, expenditure and return of funds so deposited. Money so deposited shall, until expended, remain a part of the unemployment compensation fund and, if it will not be expended, shall be returned promptly to the account of this state in the unemployment trust fund.

      Sec. 2.  The executive director of the employment security department is hereby authorized to expend from federal funds made available under section 903 of the Social Security Act:

      1.  The sum of $54,000 for improvement of property in the City of Las Vegas for use of the employment security department in the administration of chapter 612 of NRS.

      2.  The sum of $228,606.78 for acquisition and improvement of property in the City of Carson for the use of the employment security department in the administration of chapter 612 of NRS.

      Sec. 3.  No part of the money authorized to be expended under section 2 of this act may be obligated after the expiration of the 2-year period beginning on the date of enactment of this act.

      Sec. 4.  The amount obligated pursuant to section 2 of this act during any fiscal year beginning on July 1 and ending on the next June 30 shall not exceed the amount by which the aggregate of the amounts credited to the account of this state pursuant to section 903 of the Social Security Act during such fiscal year and the 24 preceding fiscal years exceeds the aggregate of the amounts obligated for administration and paid out for benefits and charged against the amounts credited to the account of this state during such 25 years.

      Sec. 5.  This act shall become effective upon passage and approval.

 

________

 


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ê1975 Statutes of Nevada, Page 579ê

 

CHAPTER 402, SB 283

Senate Bill No. 283–Committee on Commerce and Labor

CHAPTER 402

AN ACT relating to architects and residential designers; changing the size and composition of the state board of architecture; providing for the qualification, certification and regulation of residential designers; clarifying exemptions for persons building certain structures; limiting the bringing of certain civil actions; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 12, 1975]

 

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 6, inclusive, of this act.

      Sec. 2.  1.  Any applicant for registration under this chapter who has qualified for the 5-year level of experience or study, as prescribed in NRS 623.190 and regulations of the board, shall be issued a temporary certificate of registration and is authorized to obtain a seal as a residential designer. No applications for temporary certificates may be made after October 31, 1975.

      2.  The certificate of registration and seal of a residential designer shall become permanent, subject to annual renewal, after he satisfactorily passes an examination as prescribed by the board.

      3.  A residential designer who holds a temporary certificate of registration must apply for the examination if his temporary certificate is to remain in effect. The applicant must take the examination each time it is given until he passes it. Failure to pass the examination does not invalidate his temporary certificate of registration until he has failed such examination on five occasions. Invalidation of a temporary certificate of registration does not disqualify an applicant otherwise qualified from taking the examination. The examination shall not be given more often than once every 6 months.

      Sec. 3.  1.  Any person engaged in a drafting or design business in the State of Nevada shall, on or before October 31, 1975, apply to the board for a temporary certificate of registration as a residential designer. Such application shall include proof, as required by the board, that the applicant has been engaged in drafting or design business in Nevada.

      2.  The applicant shall receive 1 year’s credit toward the 5-year qualification requirement of section 2 of this act for each year he has engaged in such business in Nevada.

      3.  An applicant with less than 5 years experience in Nevada in the drafting and design business must show such additional education or experience as is prescribed by regulation of the board until he meets the 5-year requirement.

      4.  If the applicant satisfies the 5-year requirement, he shall be issued a temporary certificate of registration, as provided in section 2 of this act.

      5.  Any residential designer may apply for the annual examination for architects if he qualifies under NRS 623.190.

      Sec. 4.  A residential designer shall not engage in rendering services for any building or structure not specified in subsection 5 of NRS 623.015 unless he does so under the direct supervision of a registered architect.


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

ê1975 Statutes of Nevada, Page 580 (Chapter 402, SB 283)ê

 

unless he does so under the direct supervision of a registered architect. In such cases the architect shall be the sole contracting party, has full responsibility for the work performed by the residential designer, shall supervise any work so performed by the residential designer; and shall file the agreement between the residential designer and the architect with the secretary of the state board of architecture within 10 days after the execution of such agreement.

      Sec. 5.  No person, firm, copartnership, association or other organization may bring or maintain any action in the courts of this state for the collection of compensation for the performance of any act or contract for which registration is required by this chapter without alleging and proving that such plaintiff was duly registered under this chapter at all times during the performance of such act or contract.

      Sec. 6.  A residential designer shall not solicit contracts for the performance of any residential design work unless he is authorized to perform such by registration in accordance with this chapter.

      Sec. 7.  NRS 623.015 is hereby amended to read as follows:

      623.015  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 [.] to an architect or to a residential designer.

      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] administration of construction, preliminary studies, consultations, evaluations, investigations, contract documents and advice and direction.

      5.  The “practice of residential design” consists of preparing the necessary instruments of service, including drawings and specifications, for:

      (a) Single family dwelling units; and

      (b) Multifamily dwelling structures composed of not more than four dwelling units in each structure and not exceeding two stories in height.

      6.  “Residential designer” means any person who engages in the practice of residential design and holds a certificate and seal issued by the board.

      Sec. 8.  NRS 623.050 is hereby amended to read as follows:

      623.050  1.  There is hereby created the state board of architecture of the State of Nevada, in which shall be vested the administration of the provisions of this chapter.

      2.  The board shall consist of [5] seven members who shall be appointed by the governor. [, and who shall each hold office for a term of 4 years.] Five of the members shall be registered architects and two of the members shall be registered residential designers.


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

ê1975 Statutes of Nevada, Page 581 (Chapter 402, SB 283)ê

 

      3.  [The first board appointed shall consist of 5 members appointed two for 2 years, two for 3 years, and one for 4 years, and thereafter all members shall be appointed for the full 4-year term] All members shall be appointed for 4-year terms, except that any vacancy caused by the death, resignation or dismissal for cause of any member [of the board] shall be filled for the balance of the unexpired term [.] by gubernatorial appointment. If a member of the board who represents residential designers becomes ineligible to serve, the office shall become vacant and shall be filled for the balance of the unexpired term by gubernatorial appointment of a registered residential designer.

      4.  The governor may, upon bona fide complaint, and for good cause shown, after 10 days’ notice to [the] any member [or members] against whom charges may be filed, and after opportunity for hearing, remove [any member of the board] the member for inefficiency, neglect of duty, or malfeasance in office.

      5.  Those members of the board who are residential designers may act or vote only on applicants for certification as residential designers or other matters related solely to residential designers.

      6.  No member who is a residential designer may participate in the investigation or acceptance of his own application or in the grading or certification of his own examination.

      Sec. 9.  NRS 623.060 is hereby amended to read as follows:

      623.060  The members of the board who are registered architects shall have been in the active practice of architecture in this state not less than 3 years prior to their appointment, and shall have been citizens of this state for at least 2 years immediately preceding their appointment.

      Sec. 10.  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] Three members shall constitute a quorum [,] for consideration of architecture matters, but action shall not be deemed to have been taken upon any question relating to architectural matters unless there are at least 3 votes in accord.

      3.  Four members, one of whom represents residential designers, shall constitute a quorum for consideration of residential design matters, but action shall not be deemed to have been taken upon any question relating to residential design matters unless there are at least 3 votes in accord.

      Sec. 11.  NRS 623.140 is hereby amended to read as follows:

      623.140  Within 30 days [from and] after the date of their appointment, the board shall:

      1.  Meet to organize and elect officers as provided in this chapter.

      2.  Formulate and adopt a code of rules and regulations for its government in the examination of applicants for certificates to practice architecture and residential design in this state.

      3.  Formulate and adopt such other rules and regulations as may be necessary and proper, not inconsistent with this chapter.

      Sec. 12.  NRS 623.145 is hereby amended to read as follows:

      623.145  1.  Subject to the limitations imposed by [subsection 2,] subsections 2 and 3, the board shall adopt and promulgate [a code] codes of ethics consistent with the constitution and laws of this state binding upon persons registered under the provisions of this chapter.


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ê1975 Statutes of Nevada, Page 582 (Chapter 402, SB 283)ê

 

codes of ethics consistent with the constitution and laws of this state binding upon persons registered under the provisions of this chapter. Such [code] codes of ethics shall have as [its] their only purpose the maintenance of a high standard of integrity, dignity and professional responsibility by members of the profession.

      2.  The members of the board who are registered architects shall prepare the code of ethics for architects. 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.

      3.  The board shall prepare the code of ethics for residential designers. Prior to the adoption of such code, a copy shall be sent to every resident registered residential designer. Such residential designers may vote on each item in the proposed code. The board may adopt each item unless 25 percent or more of the resident registered residential designers vote against such item.

      Sec. 13.  NRS 623.180 is hereby amended to read as follows:

      623.180  1.  No person may practice architecture, or use the title of architect, or practice residential design, or use the title of residential designer, 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 [.] or residential designer.

      3.  The certificate shall be synonymous with registration with a serial number and seal. Any person who is issued a certificate may practice architecture or residential design 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 is unlawful.

      Sec. 14.  NRS 623.185 is hereby amended to read as follows:

      623.185  1.  Upon being issued a certificate of registration, each registered architect or residential designer shall obtain a seal of the design authorized by the board, bearing the architect’s or designer’s name, the number of his certificate of registration, and the legend “Registered [Architect.”] Architect” or “Residential Designer.”

      2.  Plans, specifications, reports and other documents issued by a registered architect or residential designer shall be signed and sealed on the title page by such architect [.] or designer.

      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 [,] or designer, named therein, has expired or has been revoked, unless the certificate has been renewed or reissued.

      4.  It is unlawful for a rgistered architect or residential designer 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. 15.  NRS 623.190 is hereby amended to read as follows:


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

ê1975 Statutes of Nevada, Page 583 (Chapter 402, SB 283)ê

 

      623.190  1.  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 [.] as an architect.

      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.

      3.  After reaching a 5-year experience level, an application may be made to the board for a preliminary examination. Such examination shall be prescribed by the board, constitutes the examination required for registration as a residential designer, and may be required as part of the examination to be an architect.

      4.  After reaching an 8-year experience level, an application may be made to the board for an examination [.] to qualify as a registered architect.

      [4.]5.  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. 16.  NRS 623.200 is hereby amended to read as follows:

      623.200  1.  Upon complying with the requirements set forth in NRS 623.190 and before receiving a certificate or being registered [,] as an architect, the applicant shall satisfactorily pass an examination in such technical and professional courses as may be established by the board, unless the applicant [be] is entitled to such certificate and registration without examination as provided in this chapter.

      2.  The board shall give examinations pursuant to NRS 623.190 and section 2 of this act at least once each year, unless no applications for examinations are pending with the board.

      Sec. 17.  NRS 623.220 is hereby amended to read as follows:

      623.220  1.  The board shall issue a certificate of registration upon payment of a registration fee, as provided for in this chapter, to any applicant who shall successfully pass such examinations, or in lieu thereof shall bring himself within the provisions of NRS 623.210 [.] or the provisions of sections 2 and 3 of this act.

      2.  Certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the chairman and the secretary of the board under seal of the board. The issuance of a certificate of registration by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered professional architect or residential designer while such certificate remains unrevoked or unexpired.

      Sec. 18.  NRS 623.230 is hereby amended to read as follows:

      623.230  The secretary of the board shall keep an official register of all certificates of registration to practice architecture or residential design issued under the provisions of this chapter, and of the renewals of the same as provided for in this chapter.


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

ê1975 Statutes of Nevada, Page 584 (Chapter 402, SB 283)ê

 

issued under the provisions of this chapter, and of the renewals of the same as provided for in this chapter. The register shall be properly indexed and shall be open for public inspection and information.

      Sec. 19.  NRS 623.250 is hereby amended to read as follows:

      623.250  1.  Each architect or residential designer holding a certificate of registration under the provisions of this chapter shall, before or during the month of each December preceding the year such holder shall desire to continue the practice of architecture [,] or residential design, submit a renewal fee provided for by this chapter, for a renewal of such certificate.

      2.  Upon receipt of a renewal fee, the secretary of the board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration has been and is renewed for the term of 1 year. The certificate renewal card shall bear a serial number, the signature or a facsimile thereof of the secretary of the board and shall be sealed with the seal of the board.

      3.  Such renewal shall be duly recorded, together with its serial number, by the secretary of the board in the official register of the board as provided for in NRS 623.230.

      Sec. 20.  NRS 623.270 is hereby amended to read as follows:

      623.270  The board may, by 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 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.

      3.  In case the holder of the certificate has been found guilty by the board of 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 sealing any documents pertaining to the construction of a building when he was not the actual architect or residential designer 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 [.] or residential design.

      Sec. 21.  NRS 623.280 is hereby amended to read as follows:

      623.280  Proceedings for the revocation of a certificate of registration to practice architecture or residential design 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. 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.

      Sec. 22.  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, stating the findings of the board and the penalty, if any.


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

ê1975 Statutes of Nevada, Page 585 (Chapter 402, SB 283)ê

 

in the record of its proceedings, stating the findings of the board and the penalty, if any. If the registration of an architect or residential designer is suspended or revoked, notation of such penalty shall be entered in the register of architects [.] or register of residential designers. The secretary shall give notice in writing of such decision and penalty to the holder of the certificate.

      Sec. 23.  NRS 623.330 is hereby amended to read as follows:

      623.330  1.  The following persons are exempt from the provisions of this chapter:

      [1.](a) A person engaging in architectural work as an employee of a registered architect, if the work does not include responsible charge of design or supervision, or a consultant retained by a registered architect.

      [2.](b) A person practicing architecture as an officer or employee of the United States.

      [3.](c) 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.](d) 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.]

      (e) Any person who prepares plans, drawings or specifications for:

             (1) Buildings for his own private residential use; or

             (2) Farm or ranch buildings used as such.

      2.  Any person exempt by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.

      Sec. 24.  NRS 623.340 is hereby amended to read as follows:

      623.340  This chapter shall not be construed so as to:

      1.  Prevent persons other than architects from filing applications for building permits or obtaining such permits, providing the drawings for such buildings are signed by the authors, [with their true appellation as engineer or contractor or carpenter, and so forth,] but without the use of any form of the title “architect.”

      2.  Prevent [such] persons from designing buildings exempt under the provisions of NRS 623.330 and supervising the construction thereof for their own use.

      Sec. 25.  1.  One of the two registered residential designers to be appointed as members of the state board of architecture of the State of Nevada, as the result of the amendment of NRS 623.050 by section 8 of this act, shall be initially appointed for a term of 2 years and the other shall be appointed for a term of 4 years, and thereafter both members shall be appointed for 4-year terms.

      2.  The first two residential designers appointed to such board shall be holders of temporary certificates of registration, and if following the first examination administered pursuant to section 2 of this act they become registered residential designers, they shall serve the terms for which they were appointed.

      3.  After the first examination is administered pursuant to section 2 of this act, a person is not eligible for membership on the board as a representative of residential designers unless such person is a registered residential designer.


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

ê1975 Statutes of Nevada, Page 586 (Chapter 402, SB 283)ê

 

representative of residential designers unless such person is a registered residential designer.

 

________

 

 

CHAPTER 403, SB 308

Senate Bill No. 308–Committee on Transportation

CHAPTER 403

AN ACT permitting the state highway patrol to charge an annual fee for the issuance of a permit for the operation of flashing amber lights on certain vehicles; and providing other matters properly relating thereto.

 

[Approved May 12, 1975]

 

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

 

      Section 1.  NRS 484.579 is hereby amended to read as follows:

      484.579  1.  The Nevada highway patrol, upon written application, shall issue a permit for the operation of a flashing amber light for the following:

      [1.](a) Public utility vehicles.

      [2.](b) Tow trucks.

      [3.](c) Vehicles engaged in activities which create a public hazard upon the streets or highways.

      [4.](d) Vehicles of coroners and their deputies.

      [5.](e) Vehicles of Civil Air Patrol rescue units.

      [6.](f) Vehicles of authorized sheriffs’ jeep squadrons.

      2.  Such permits expire on June 30 of each calendar year.

      3.  The Nevada highway patrol shall charge and collect the following fees for the issuance of a permit for the operation of a flashing amber light:

      (a) Permit for a single vehicle..................................................................       $2

      (b) Blanket permit for more than 5 but less than 15 vehicles............       12

      (c) Blanket permit for 15 vehicles or more............................................       24

      4.  Subsection 3 does not apply to an agency of any state or political subdivision thereof, or to an agency of the United States Government.

      5.  All fees collected by the Nevada highway patrol pursuant to this section shall be deposited with the state treasurer for credit to the motor vehicle fund.

 

________

 


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

ê1975 Statutes of Nevada, Page 587ê

 

CHAPTER 404, SB 404

Senate Bill No. 404–Committee on Judiciary

CHAPTER 404

AN ACT relating to filing fees in civil actions; imposing additional filing fee for financial support of legal aid programs for indigent persons; and providing other matters properly relating thereto.

 

[Approved May 12, 1975]

 

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

 

      Section 1.  Chapter 19 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  In each county in which legal services are provided without charge to indigent persons through a legal aid program organized under the auspices of the State Bar of Nevada, a county or local bar association or a county legal services program, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect a fee of $1 from the party commencing or appearing in such action or proceeding. Such fees shall be in addition to any other fees required by law.

      2.  On or before the first Monday of each month the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1. The county treasurer shall remit quarterly all such amounts received by him to the organization operating the legal services program.

 

________

 

 

CHAPTER 405, AB 211

Assembly Bill No. 211–Assemblymen Glover, Mello, Jacobsen, Mann, Price, Dreyer, Wittenberg, Ford, Schofield, Moody, Polish, Christensen, Chaney, Bremner, Bennett, Vergiels, Jeffrey, Barengo, Brookman, Benkovich, Banner, Heaney and Hickey

CHAPTER 405

AN ACT increasing salaries of employees of the State of Nevada in the classified service, providing for salary adjustments in the classified service; making appropriations for such salary increases and adjustments from the general fund and the state highway fund in the state treasury; and providing other matters properly relating thereto.

 

[Approved May 12, 1975]

 

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

 

      Section 1.  1.  Except as otherwise provided in this act, to effect an approximate 15-percent salary increase effective January 1, 1975, there is hereby appropriated from the general fund in the state treasury, for the fiscal period January 1, 1975, to June 30, 1975, the sum of $2,050,088 and for the fiscal periods July 1, 1975, to June 30, 1976, and from July 1, 1976, to June 30, 1977, the sums of $4,395,035 and $4,548,576, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between appropriated funds of the respective departments, commissions and agencies of the State of Nevada as fixed by the 57th session of the legislature and the salary requirements of classified personnel of such departments, commissions and agencies necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on January 1, 1975.


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

ê1975 Statutes of Nevada, Page 588 (Chapter 405, AB 211)ê

 

respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between appropriated funds of the respective departments, commissions and agencies of the State of Nevada as fixed by the 57th session of the legislature and the salary requirements of classified personnel of such departments, commissions and agencies necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on January 1, 1975.

      2.  The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse the moneys herein appropriated to the various departments, commissions and agencies under such adjusted pay plan.

      Sec. 2.  1.  There is hereby appropriated from the general fund in the state treasury for the fiscal period from January 1, 1976, to June 30, 1976, the sum of $640,382 and for the fiscal period from July 1, 1976, to June 30, 1977, the sum of $1,257,838 to provide a maximum 4-percent salary adjustment for classified employees based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1976, and to be effective through June 30, 1977. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1974 through September 1975, not to exceed 4 percent.

      2.  The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the funds herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of such respective departments, commissions and agencies under the adjusted pay plan of January 1, 1975.

      Sec. 3.  1.  There is hereby appropriated from the state highway fund to effect an approximate 15-percent salary increase effective January 1, for the fiscal period January 1, 1975, to June 30, 1975, the sum of $358,119 and for the fiscal periods July 1, 1975, to June 30, 1976, and from July 1, 1976, to June 30, 1977, the sums of $748,408 and $755,485, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may exist between the appropriated funds of the department of motor vehicles and appropriate employees of the public service commission of Nevada as fixed by the 57th session of the legislature, and the salary requirements of classified personnel of the department of motor vehicles and appropriate employees of the public service commission of Nevada needed under an adjusted pay plan, except those employees whose salaries have been retained, to become effective January 1, 1975.

      2.  The state board of examiners, upon recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available, shall equal the amount of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under such adjusted pay plan.


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

ê1975 Statutes of Nevada, Page 589 (Chapter 405, AB 211)ê

 

authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available, shall equal the amount of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under such adjusted pay plan.

      Sec. 4.  1.  There is hereby appropriated from the state highway fund for the fiscal period January 1, 1976, to June 30, 1976, the sum of $103,758, and for the fiscal period July 1, 1976, to June 30, 1977, the sum of $198,716 to provide a maximum 4-percent salary adjustment for classified employees of the department of motor vehicles and appropriate employees of the public service commission of Nevada, based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1976, and to be effective through June 30, 1977. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1974 through September 1975, not to exceed 4 percent.

      2.  The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amounts of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under the adjusted pay plan.

      Sec. 5.  1.  There is hereby appropriated from the general fund in the state treasury for the fiscal period January 1, 1975, to June 30, 1975, the sum of $622,636 and the fiscal periods July 1, 1975, to June 30, 1976, and from July 1, 1976, to June 30, 1977, the sums of $1,372,521 and $1,447,650, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between appropriated funds of the University of Nevada System, as fixed by the 57th session of the legislature, and the salary requirements of classified personnel of the University of Nevada System, necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective January 1, 1975.

      2.  There is hereby appropriated from the general fund in the state treasury for the fiscal period January 1, 1976, to June 30, 1976, the sum of $183,002 and for the fiscal period from July 1, 1976, to June 30, 1977, the sum of $386,040 to provide a maximum 4-percent salary adjustment for classified employees of the University of Nevada System based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1976, and to be effective through June 30, 1977. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1974 through September 1975, not to exceed 4 percent.


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

ê1975 Statutes of Nevada, Page 590 (Chapter 405, AB 211)ê

 

of Labor, National Consumer Price Index percentage increase for the months of October 1974 through September 1975, not to exceed 4 percent.

      3.  The state board of examiners, upon recommendation of the chief of the personnel division of the department of administration is authorized to allocate and disburse to the University of Nevada System, out of the funds herein appropriated, the sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs for classified employees of the University of Nevada System under the adjusted pay plan to become effective on January 1, 1975.

      Sec. 6.  1.  To provide an additional salary adjustment for those classified employees the salaries of whose positions are increased pursuant to section 2 of this act, there is hereby appropriated from the general fund in the state treasury, for the fiscal period January 1, 1976, to June 30, 1976, the sum of $320,190 and for the fiscal period from July 1, 1976, to June 30, 1977, the sum of $628,918.

      2.  To provide an additional salary adjustment for those classified employees the salaries of whose positions are increased pursuant to section 4 of this act, there is hereby appropriated from the state highway fund for the fiscal period January 1, 1976, to June 30, 1976, the sum of $51,878 and for the fiscal period from July 1, 1976, to June 30, 1977, the sum of $99,358.

      3.  To provide an additional salary adjustment for those classified employees the salaries of whose positions are increased pursuant to section 5 of this act, there is hereby appropriated from the general fund in the state treasury for the fiscal period January 1, 1976, to June 30, 1976, the sum of $91,500 and for the fiscal period July 1, 1976, to June 30, 1977, the sum of $193,020.

      4.  The state board of examiners may allocate moneys from the respective appropriations made by this section only if and to the extent that the conditions prescribed in section 7 of this act are satisfied.

      Sec. 7.  1.  For the purposes of this section:

      (a) The National Consumer Price Index is that prepared by the Bureau of Labor Statistics of the United States Department of Labor. The percentage of its increase is measured from the month of October 1974 to the month of September 1975.

      (b) The relevant taxes are:

             (1) The sales and use tax accrued pursuant to the Sales and Use Tax Act. The dollar amount of the increase in its yield is determined by subtracting from total accruals for the two calendar quarters extending from April 1 to September 30, 1975, an amount equal to 104 percent of the total accruals for the two calendar quarters extending from April 1 to September 30, 1974.

             (2) The quarterly state license fees based upon gross revenue from gaming collected pursuant to NRS 463.373. The dollar amount of the increase in its yield is determined by subtracting from total collections for the two calendar quarters extending from April 1 to September 30, 1975, an amount equal to 112 percent of the total collections for the two calendar quarters extending from April 1 to September 30, 1974.


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

ê1975 Statutes of Nevada, Page 591 (Chapter 405, AB 211)ê

 

      2.  If the net increase in the combined yield of the two relevant taxes is at least $310,000 but less than $620,000, and the increase in the National Consumer Price Index is 5 percent or more, the amounts respectively allocated for each fiscal period from each appropriation shall not exceed one-half of the amount appropriated, to provide an approximate 1 percent salary adjustment.

      3.  If the net increase in the combined yield of the two relevant taxes is $620,000 or more, and the increase in the National Consumer Price Index is 6 percent or more, the entire amount of each appropriation may be allocated for the appropriate fiscal period, to provide an approximate 2 percent salary adjustment.

      4.  Before any allocation may be made from any of the appropriations made by section 6 of this act, the state board of examiners shall review the yields of the relevant taxes and the increase, if any, in the National Consumer Price Index whether the conditions of subsection 2 or 3 have been met, and shall make appropriate allocations accordingly.

      Sec. 8.  This act shall become effective upon passage and approval and shall operate retroactively from January 1, 1975.

 

________

 

 

CHAPTER 406, AB 294

Assembly Bill No. 294–Assemblymen Vergiels, Demers and Murphy

CHAPTER 406

AN ACT relating to elections; requiring the reporting of campaign contributions and expenditures by candidates for all elective offices; establishing powers and duties of the secretary of state in connection therewith; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 12, 1975]

 

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

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  1.  Every candidate for state, district, county, city or township office at a primary or general election shall, within 15 days after the primary election and 30 days after the general election, report the total amount of all of his campaign contributions to the secretary of state on affidavit forms to be designed and provided by the secretary of state.

      2.  Each contribution, whether from an individual, association or corporation, in excess of $500, shall be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported to the secretary of state on the affidavit report form provided therefor.

      3.  As used in this section, “contribution” means a gift, subscription, pledge, loan, conveyance, deposit, payment, transfer or distribution of money, and includes the payment by any person other than a candidate, of compensation for the personal services of another person which are rendered to a candidate without charge to the candidate.


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

ê1975 Statutes of Nevada, Page 592 (Chapter 406, AB 294)ê

 

      4.  Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      Sec. 3.  1.  Every candidate for state, district, county, city or township office at a primary or general election shall, within 15 days after the primary election and 30 days after the general election, report his campaign expenses to the secretary of state on affidavit forms to be designed and provided by the secretary of state.

      2.  As used in this section, “campaign expenses” means all expenditures contracted for or made for advertising on television, radio, billboards, posters and in newspapers, and all other expenses intended to further directly the campaign for election of the candidate, and includes all costs incurred or funds expended with the knowledge of the candidate for such purposes during the periods:

      (a) Up to the primary election; and

      (b) After the primary election and up to the general election.

      3.  Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      Sec. 4.  The secretary of state shall, within 10 days after the reporting dates established in sections 2 and 3 of this act, prepare and make available for public inspection a compilation of the total campaign contributions, the contributions which are in excess of $500 and the total campaign expenses of each of the candidates from whom reports of such contributions and expenses are required.

      Sec. 5.  If it appears to the secretary of state that the provisions of section 2 or 3 of this act have been violated, he shall report the alleged violation:

      1.  To the attorney general in the case of a candidate for an office which serves territory in more than one county; and

      2.  To the appropriate district attorney in the case of a candidate for an office which serves territory in only one county,

and the attorney general or district attorney to whom such report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of proper jurisdiction without delay.

      Sec. 6.  The secretary of state may adopt and promulgate regulations, prescribe forms and take such other actions as are necessary for the implementation and effective administration of the provisions of sections 2 to 5, inclusive, of this act.

      Sec. 7.  NRS 218.036 is hereby amended to read as follows:

      218.036  The secretary of state shall prepare a form for use by candidates described in NRS 218.032 to list campaign expenses as defined in NRS 218.032. Such form and a copy of NRS 218.032 [and 218.034] shall be presented by the appropriate [county] election official to the candidate at the time he files his candidacy for office.

      Sec. 8.  NRS 218.034 is hereby repealed.

 

________

 


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

ê1975 Statutes of Nevada, Page 593ê

 

CHAPTER 407, AB 214

Assembly Bill No. 214–Committee on Agriculture

CHAPTER 407

AN ACT relating to pest control; regulating application of restricted use pesticides; providing penalties; making an appropriation; and providing other matters properly relating thereto.

 

[Approved May 12, 1975]

 

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

 

      Section 1.  Chapter 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2.  “Certificate” means a certificate of competency issued by the executive director to a commercial applicator or private applicator authorizing such person to make application of or to supervise the application of a restricted use pesticide.

      Sec. 3.  “Certified applicator” means any individual who is certified by the executive director as competent to use or to supervise the use of any restricted use pesticide.

      Sec. 4.  “Commercial applicator” means a certified applicator who applies or supervises the application of any restricted use pesticide and does not qualify as a private applicator under section 6 of this act.

      Sec. 5.  “Environment” includes the water, air, land and all plants and man and other animals living therein and the interrelationships which exist among these.

      Sec. 6.  “Private applicator” means a certified applicator who uses or supervises the use of any restricted use pesticide for purposes of producing any agricultural commodity on property owned or rented by him or his employer or on the property of his neighbors if applied without compensation other than trading of personal services between producers of agricultural commodities.

      Sec. 7.  “Restricted use pesticide” means any pesticide, including any highly toxic pesticide, which:

      1.  The executive director has found and determined, subsequent to a hearing, to be:

      (a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than pests or vegetation it is intended to prevent, destroy, control or mitigate; or

      (b) Detrimental to vegetation (except weeds), wildlife or to the public health and safety; or

      2.  Has been classified for restricted use by or under the supervision of a certified applicator in accordance with the Federal Environmental Pesticide Control Act (7 U.S.C. § 136 et seq.).

      Sec. 8.  “Supervision” of the application of a restricted use pesticide by a certified applicator must be defined by regulation of the executive director.

      Sec. 9.  1.  A person shall not use any restricted use pesticide within this state at any time without a certificate issued by the executive director except a person using any restricted use pesticide under the supervision of a certified applicator.


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

ê1975 Statutes of Nevada, Page 594 (Chapter 407, AB 214)ê

 

      2.  If the executive director has adopted regulations requiring:

      (a) A permit pursuant to NRS 586.403; or

      (b) A special use permit pursuant to NRS 586.405,

for a restricted use pesticide, a person shall not use such pesticide without first obtaining the required permit.

      Sec. 10.  Application for a certificate shall be made to the executive director and shall contain information regarding the applicant’s qualifications and proposed operations and other relevant matters as required pursuant to regulations adopted and promulgated by the executive director.

      Sec. 11.  1.  The executive director may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of restricted use pesticides and the dangers involved and precautions to be taken in connection with their application, including but not limited to the following subject areas:

      (a) Label and labeling comprehension.

      (b) Environmental consequences of pesticide use and misuse.

      (c) Pests.

      (d) Pesticides.

      (e) Equipment.

      (f) Application techniques.

      (g) Laws and regulations.

      (h) Safety.

      2.  In addition, the executive director may require the applicant to meet special qualifications of competency to meet the special needs of a given locality regarding the use or application of a specific restricted use pesticide.

      Sec. 12.  The executive director shall collect from each person applying for an examination or reexamination, in connection with the issuance of a certificate, a testing fee not to exceed $10 for any one examination period.

      Sec. 13.  1.  If the executive director finds that the applicant is qualified, he shall issue a certificate to make application of or to supervise the application of restricted use pesticides within this state.

      2.  The certificate period is the calendar year. All certificates shall expire on December 31 of each year. The certificate may be renewed annually upon application to the executive director on or before January 16 of each year without payment of a renewal fee. A penalty fee of $5 shall be charged for all applications for a renewal certificate received after January 16. The certificate may be renewed each year for not more than 3 consecutive years.

      3.  Every person to whom a certificate has been issued by the executive director must requalify by examination as required in section 11 of this act every 5th year unless the executive director determines that due to change in technology of pesticides a shorter requalification interval is justified.

      4.  The certificate may limit the applicant to the use of a certain type or types of equipment or materials if the executive director finds that the applicant is qualified to use only such type or types.

      5.  If a certificate is not issued as applied for, the executive director shall inform the applicant in writing of the reasons therefor.


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

ê1975 Statutes of Nevada, Page 595 (Chapter 407, AB 214)ê

 

      Sec. 14.  The executive director may deny or suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may deny, revoke, suspend or modify any certificate issued under the provisions of sections 8 to 15, inclusive, of this act, if he finds that the applicant or the certified applicator:

      1.  Is no longer qualified;

      2.  Has applied known ineffective or improper materials;

      3.  Has applied materials inconsistent with labeling or other restrictions imposed by the executive director;

      4.  Has operated faulty or unsafe equipment;

      5.  Has made any application in a faulty, careless or negligent manner;

      6.  Aided or abetted an uncertified person to evade the provisions of sections 8 to 15, inclusive, of this act, combined or conspired with an uncertified person to evade such provisions, or allowed one’s certificate to be used by an uncertified person;

      7.  Was guilty of fraud or deception in the procurement of his certificate;

      8.  Has deliberately falsified any record or report;

      9.  Has violated any of the provisions of sections 8 to 15, inclusive, of this act or regulations made thereunder; or

      10.  Has failed or neglected to give adequate instruction or direction to an uncertified person working under his supervision.

      Sec. 15.  The executive director may, by regulation, require any certified applicator to maintain such records and furnish reports giving such information with respect to application of restricted use pesticides and such other relevant information as the executive director may deem necessary.

      Sec. 16.  NRS 555.2605 is hereby amended to read as follows:

      555.2605  As used in NRS 555.2605 to 555.460, inclusive, and sections 2 to 15, inclusive, of this act, the words and terms defined in NRS 555.261 to 555.2695, inclusive, and sections 2 to 8, inclusive, of this act have the meanings ascribed to them in NRS 555.261 to 555.2695, inclusive, and sections 2 to 8, inclusive, of this act unless the context otherwise requires.

      Sec. 17.  NRS 555.270 is hereby amended to read as follows:

      555.270  It is the policy of this state and the purpose of NRS 555.2605 to 555.460, inclusive, and sections 2 to 15, inclusive, of this act to regulate, in the public interest, the application of pesticides which, although valuable for the control of pests, may seriously injure man, animals and crops over wide areas if not properly applied.

      Sec. 18.  NRS 555.273 is hereby amended to read as follows:

      555.273  All state agencies, municipal corporations and public utilities or any other governmental agency shall be subject to the provisions of [NRS 555.2605 to 555.460, inclusive,] sections 2 to 15, inclusive of this act and rules adopted thereunder concerning the application of restricted use pesticides by any person. [The public operators in charge of any equipment used by any state agencies shall be subject to the provisions of NRS 555.300. The executive director shall issue a limited license without a fee to such public operators which shall be valid only when such public operators are acting as operators on equipment used by such entities.


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

ê1975 Statutes of Nevada, Page 596 (Chapter 407, AB 214)ê

 

when such public operators are acting as operators on equipment used by such entities. However, government research personnel shall be exempt from this licensing requirement when applying pesticides to experimental plots.]

      Sec. 19.  NRS 555.400 is hereby amended to read as follows:

      555.400  1.  The executive director may make regulations for carrying out the provisions of NRS 555.2605 to 555.460, inclusive [;] , and sections 2 to 15, inclusive, of this act; but such regulations shall not be inconsistent with regulations issued by this state or by the Federal Government respecting safety in air navigation or operation of aircraft.

      2.  Before issuing regulations directly relating to any matter within the jurisdiction of any other official of this state, the executive director shall consult with that official with reference thereto.

      Sec. 20.  NRS 555.420 is hereby amended to read as follows:

      555.420  For the purposes of carrying out the provisions of NRS 555.2605 to 555.460, inclusive, and sections 9 to 15, inclusive, of this act, the executive director and his duly appointed inspectors may enter upon any public or private premises at reasonable times in order to have access for the purpose of inspecting, auditing or monitoring any aircraft, ground equipment, records, storage, disposal operations or other opeartions which are subject to NRS 555.2605 to 555.460, inclusive, sections 9 to 15, inclusive, of this act or regulations adopted thereunder.

      Sec. 21.  NRS 555.460 is hereby amended to read as follows:

      555.460  Any person violating the provisions of NRS 555.2605 to 555.420, inclusive, and sections 2 to 15, inclusive, of this act, or the regulations issued thereunder [shall be] is guilty of a misdemeanor.

      Sec. 22.  NRS 561.305 is hereby amended to read as follows:

      561.305  The department shall establish and maintain a laboratory or laboratories for the following purposes:

      1.  The diagnosis of infectious, contagious and parasitic diseases of livestock, as may be necessary under the provisions of chapter 571 of NRS.

      2.  The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.

      3.  The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of NRS 554.010 to 554.240, inclusive.

      4.  The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS 555.010 to 555.249, inclusive.

      5.  The testing of pesticides, as may be necessary under the provisions of NRS 586.010 to 586.450, inclusive, and NRS 555.2605 to 555.460, inclusive [.] and sections 2 to 15, inclusive, of this act.

      6.  The safekeeping and maintenance of official standards of weights and measures as may be necessary under the provisions of chapter 581 of NRS.

      7.  The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural seeds and the testing of the spray residue contained in produce, as may be necessary under the provisions of chapter 587 of NRS.


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

ê1975 Statutes of Nevada, Page 597 (Chapter 407, AB 214)ê

 

of the spray residue contained in produce, as may be necessary under the provisions of chapter 587 of NRS.

      8.  The analysis and testing of commercial fertilizers and agricultural minerals as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.

      9.  The analysis and testing of petroleum products, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.

      10.  The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.

      11.  Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the executive director and which can be made with equipment available in any such laboratory. Any citizen shall have the privilege of submitting samples to the department for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be promulgated by the executive director.

      Sec. 23.  NRS 561.385 is hereby amended to read as follows:

      561.385  1.  The agriculture registration and enforcement fund is hereby created in the state treasury for the use of the department.

      2.  The following fees shall be deposited in the agriculture registration and enforcement fund:

      (a) Fees collected under the provisions of NRS 586.010 to 586.450, inclusive.

      (b) Fees collected under the provisions of NRS 588.010 to 588.350, inclusive.

      (c) Fees collected under the provisions of NRS 590.340 to 590.450, inclusive.

      (d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 586.010 to 586.450, inclusive, and NRS 555.2605 to 555.460, inclusive [.] , and sections 2 to 15, inclusive, of this act.

      (e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.

      (f) Laboratory fees collected for the analysis and testing of petroleum products, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.

      (g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.

      3.  Expenditures from the agriculture registration and enforcement fund shall be made only for the purposes of carrying out the provisions of chapters 586, 588 and 590 of NRS, NRS 555.2605 to 555.460, inclusive, and the provisions of this chapter.

      Sec. 24.  NRS 555.268 is hereby repealed.

      Sec. 25.  There is hereby appropriated from the general fund in the state treasury to the department of agriculture to be used by the division of plant industry for the purpose of administering the program of certification of commercial and private applicators of restricted use pesticides


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

ê1975 Statutes of Nevada, Page 598 (Chapter 407, AB 214)ê

 

      1.  For the fiscal year 1975–76, the sum of $29,849.

      2.  For the fiscal year 1976–77, the sum of $25,725.

      Sec. 26.  1.  Section 9 of this act shall become effective on July 1, 1976.

      2.  Section 20 of this act shall become effective at 12:01 a.m. on July 1, 1975.

      3.  The remaining sections of this act shall become effective on July 1, 1975.

 

________

 

 

CHAPTER 408, AB 366

Assembly Bill No. 366–Committee on Labor and Management

CHAPTER 408

AN ACT relating to the Nevada Industrial Insurance Act; removing sex distinction from provision establishing conclusive presumption of total dependence of spouse upon an injured or deceased employee; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 616.510 is hereby amended to read as follows:

      616.510  1.  The following persons shall be conclusively presumed to be totally dependent upon an injured or deceased employee:

      (a) A [wife] spouse upon a [husband] spouse whom [she] the spouse has not voluntarily abandoned at the time of the injury.

      (b) [A husband, mentally or physically incapacitated from wage earning, upon a wife whom he has not voluntarily abandoned at the time of the injury.]

      [(c)] A natural, posthumous or adopted child or children, whether legitimate or illegitimate, under the age of 18 years, or over that age if physically or mentally incapacitated from wage earning, there being no surviving parent. Stepparents may be regarded in this chapter as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in this chapter as a natural child or children if the existence and fact of dependency are shown.

      2.  Questions as to who shall constitute dependents and the extent of their dependency shall be determined as of the date of the accident or injury to the employee, and their right to any benefit shall become fixed as of such time, irrespective of any subsequent change in conditions, and the benefits shall be directly recoverable by and payable to the dependent or dependents entitled thereto, or to their legal guardians or trustees.

      3.  The presumptions of this section shall not apply in favor of aliens who are nonresidents of the United States at the time of accident, injury to, or death of the employee.

 

________

 


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

ê1975 Statutes of Nevada, Page 599ê

 

CHAPTER 409, AB 371

Assembly Bill No. 371–Committee on Labor and Management

CHAPTER 409

AN ACT relating to workmen’s compensation; permitting certain employees who have suffered injuries or contracted occupational diseases to elect coverage under chapters 616 and 617 of NRS when their employer has failed to provide mandatory coverage; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  If an employee who has been hired and who is regularly employed in this state suffers an accident or injury arising out of and in the course of his employment, and his employer has failed to provide mandatory industrial insurance coverage, the employee may elect to receive compensation under the provisions of this chapter by:

      (a) Filing a written notice of his election with the commission; and

      (b) Making an irrevocable assignment to the commission of his right of action against the uninsured employer.

      2.  Any employer who has failed to provide mandatory coverage required under the provisions of this chapter shall not escape liability in any action brought by the employee or the commission by asserting any of the defenses enumerated in subsection 1 of NRS 616.300 and the presumption of negligence set forth in subsection 2 of NRS 616.300 is applicable.

      Sec. 2.  Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  If an employee who has been hired and who is regularly employed in this state contracts an occupational disease arising out of and in the course of his employment, and his employer has failed to provide mandatory occupational disease coverage, the employee may elect to receive compensation under the provisions of this chapter by:

      (a) Filing a written notice of his election with the commission; and

      (b) Making an irrevocable assignment to the commission of his right of action against the uninsured employer.

      2.  Any employer who has failed to provide mandatory coverage required under the provisions of this chapter shall not escape liability in any action brought by the employee or the commission by asserting any of the defenses enumerated in subsection 1 of NRS 617.230 and the presumption of negligence set forth in subsection 2 of NRS 617.230 is applicable.

 

________

 


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

ê1975 Statutes of Nevada, Page 600ê

 

CHAPTER 410, AB 368

Assembly Bill No. 368–Committee on Labor and Management

CHAPTER 410

AN ACT relating to workmen’s compensation; increasing the burial benefits and extending the period compensation will be paid to surviving children if enrolled full-time in a vocational or educational institution; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 616.615 is hereby amended to read as follows:

      616.615  If any injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:

      1.  Burial expenses.  In addition to the compensation payable under this chapter, burial expenses not to exceed [$650.] $1,200. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation shall be borne by the commission, subject to its approval, provided, such transportation shall not be beyond the continental limits of the United States.

      2.  Widow.  To the widow, 66 2/3 percent of the average monthly wage. [of the deceased.] This compensation shall be paid until her death or remarriage, with 2 years’ compensation in one sum upon remarriage.

      3.  Widower.  To the widower, 66 2/3 percent of the average monthly wage. [of the deceased employee.] This compensation shall be paid until his death or remarriage, with 2 years’ compensation in one sum upon remarriage.

      4.  Children who survive a widow or widower.

      (a) In case of the subsequent death of the surviving spouse any surviving child or children of the deceased employee shall share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and the same shall be payable until the youngest reaches the age of 18 years.

      (b) If the children have a guardian, the compensation on account of such children may be paid to the guardian.

      (c) [The] Except as provided in subparagraphs (1) and (2), the entitlement of any child to receive his proportionate share of compensation under this section shall cease when he dies, marries or reaches the age of 18 years. [, or if over 18 years and incapable of self-support, when he becomes capable of self-support.] A child is entitled to compensation under this section if he is:

             (1) Over 18 years and incapable of self-support, until such time as he becomes capable of self-support; or

             (2) Over 18 years and enrolled as a full-time student in an accredited vocational or educational institution, until he reaches the age of 22 years.

      (d) Upon the remarriage of a widow or widower with children, the widow or widower shall be paid 2 years’ compensation in one lump sum and further benefits shall cease.


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

ê1975 Statutes of Nevada, Page 601 (Chapter 410, AB 368)ê

 

and further benefits shall cease. Following the remarriage by the widow or widower with children, each child shall be paid 15 percent of the average monthly wage, up to a maximum family benefit of 66 2/3 percent of the average monthly wage.

      5.  Surviving children but no surviving spouse.  If there is a surviving child or children of the deceased employee under the age of 18 years, but no surviving spouse, then [for the support of each child until he reaches the age of 18 years, his proportionate share of 66 2/3 percent of the average monthly wage.] each child is entitled to his proportionate share of 66 2/3 percent of the average monthly wage for his support until he reaches the age of 18 years or, if enrolled full-time in an accredited vocational or educational institution, until he reaches the age of 22 years.

      6.  Dependent parents, brothers and sisters.  If there is no surviving spouse or child under the age of 18 years, there shall be paid:

      (a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 33 1/3 percent of the average monthly wage. [of the deceased employee.]

      (b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 66 2/3 percent of the average monthly wage. [of the deceased employee.]

      (c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, his proportionate share of 66 2/3 percent of the average monthly wage. [of the deceased employee.]

      (d) The aggregate compensation payable pursuant to paragraphs (a), (b) and (c) of subsection 6 shall in no case exceed 66 2/3 percent of the average monthly wage. [of the deceased employee.]

      7.  Questions of total or partial dependency.

      (a) In all other cases, a question of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury.

      (b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to such partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.

      (c) The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case shall exceed compensation for 100 months.

      8.  Apportionment of death benefit between dependents.  Compensation to the widow or widower shall be for the use and benefit of the widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

      9.  Nonresident alien dependents.  If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only 50 percent of the amount or amounts specified in this section.


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

ê1975 Statutes of Nevada, Page 602 (Chapter 410, AB 368)ê

 

      10.  Funeral expenses of dependent dying before expiration of award.  In case of the death of any dependent specified in this section before the expiration of the time named in the award, funeral expenses not to exceed [$500] $1,200 shall be paid.

 

________

 

 

CHAPTER 411, AB 401

Assembly Bill No. 401–Committee on Agriculture

CHAPTER 411

AN ACT relating to meat and poultry inspection; expanding the classification of animals which require inspection of slaughtering and processing; prohibiting local licensing of certain slaughtering or processing establishments unless the establishments are approved by the state health officer; removing an exemption for certain custom slaughtering; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 583.375 is hereby amended to read as follows:

      583.375  “Official establishment” means any establishment in this state, [as determined by the officer at which inspection of the slaughter of livestock or poultry or the processing of livestock or poultry carcasses or parts thereof is made under the authority of NRS 583.255 to 583.565, inclusive.] other than an establishment covered by subsection 1 of NRS 583.545, which on a commercial basis slaughters or processes for hire any meat animal, game animal, poultry or game bird for human consumption, and which has been inspected and approved by the officer.

      Sec. 2.  NRS 583.435 is hereby amended to read as follows:

      583.435  1.  Meat, meat food products, and poultry products are an important source of the supply of human food in this state and legislation to assure that such food supplies are unadulterated and otherwise fit for human consumption, and properly labeled, is in the public interest. Therefore, it is hereby declared to be the policy of this state to provide for the inspection of slaughtered livestock, poultry [,] and other animals, and the carcasses and parts thereof which are used for human food, at certain establishments to prevent the distribution in intrastate commerce, for human consumption, of [livestock and poultry] animal carcasses and parts thereof which are adulterated or otherwise unfit for human food.

      2.  The health division of the department of human resources is hereby designated as the single state agency primarily responsible for the administration of the program established by NRS 583.255 to 583.565, inclusive.

      Sec. 3.  NRS 583.439 is hereby amended to read as follows:

      583.439  No person, firm or corporation shall, with respect to any poultry, cattle, sheep, swine, goats, horses, mules or other equines, rabbits or game animals, or any carcasses, parts of carcasses, meat or meat food products of any such animals:

      1.  Slaughter any such animals or prepare any such articles which are capable of use as human food at any establishment preparing any such articles for intrastate commerce, except in compliance with the provisions of NRS 583.255 to 583.565, inclusive.


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

ê1975 Statutes of Nevada, Page 603 (Chapter 411, AB 401)ê

 

articles for intrastate commerce, except in compliance with the provisions of NRS 583.255 to 583.565, inclusive.

      2.  Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any such articles which:

      (a) Are capable of use as human food; or

      (b) Are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or

      (c) Are required to be inspected under this Title,

unless they have been so inspected and passed.

      3.  Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.

      Sec. 4.  NRS 583.455 is hereby amended to read as follows:

      583.455  1.  Each official establishment at which livestock [or poultry] , poultry or other animals are slaughtered or [livestock or poultry] carcasses or parts thereof are processed for intrastate commerce shall be operated in accordance with sanitary practices required by rules or regulations prescribed by the officer. No livestock [or poultry] , poultry or other animal carcasses or parts thereof shall be admitted into any official establishment unless they have been prepared in accordance with procedures approved pursuant to NRS 583.255 to 583.565, inclusive, the Wholesome Poultry Products Act or the Wholesome Meat Act, or unless their admission is permitted by rules or regulations prescribed by the state board of health.

      2.  The officer may approve establishments for operation official establishments but shall not approve any establishment whose premises, facilities or equipment, or the operation thereof, fail to meet the requirements of this section.

      3.  A local government shall not issue a business license for operation of any establishment unless it has been approved as an official establishment.

      Sec. 5.  NRS 583.515 is hereby amended to read as follows:

      583.515  1.  The state board of health shall, by regulation and under such conditions as to labeling and sanitary standards, practices and procedures as it may prescribe, exempt from specific provisions of NRS 583.255 to 583.565, inclusive:

      (a) Livestock producers and poultry producers, who are natural persons, with respect to livestock and poultry carcasses and parts thereof processed by them from livestock or poultry raised on their own farms for use by them, members of their households, nonpaying guests and employees.

      (b) Retail dealers with respect to:

             (1) Meat sold directly to consumers in individual retail stores or restaurants which are subject to inspection by the state board of health.

             (2) Poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers with respect to poultry is the cutting up of poultry products on the premises where such sales to consumers are made.


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

ê1975 Statutes of Nevada, Page 604 (Chapter 411, AB 401)ê

 

      (c) Persons slaughtering poultry or processing or handling poultry carcasses or parts thereof which have been or are to be processed in accordance with recognized religious dietary laws, to the extent that the officer determines is necessary to avoid conflict with such requirements.

      [(d) The custom slaughter by any person, firm or corporation of livestock delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation in intrastate commerce of the carcasses, parts thereof, meat and meat food products of such animals, exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees if such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat or meat food products of any livestock, capable of use as human food.]

      2.  The officer may by order suspend or terminate for cause any exemption under this section.

      Sec. 6.  NRS 583.525 is hereby amended to read as follows:

      583.525  The officer may withdraw or otherwise deny approval with respect to any establishment, for such period as he deems necessary [:

      1.  To] , to effectuate the purposes of NRS 583.255 to 583.565, inclusive, for any violation of NRS 583.255 to 583.565, inclusive, by the operator, or anyone responsibly connected with the operator, of such establishment.

      [2.  If the operator of such establishment is convicted of any felony.

      3.  If anyone responsibly connected with the operator of such establishment is convicted of any felony.]

      Sec. 7.  NRS 583.539 is hereby amended to read as follows:

      583.539  The officer may by regulations prescribe conditions under which carcasses, parts of carcasses, meat and meat food products of poultry, cattle, sheep, swine, goats, horses, mules or other equines, rabbits or game animals, capable of use as human food, shall be stored or otherwise handled by any person, firm or corporation engaged in the business of buying, selling, freezing, storing or transporting, in or for intrastate commerce, or importing, such articles, whenever the officer deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer.

      Sec. 8.  This act shall become effective upon passage and approval.

 

________

 


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

ê1975 Statutes of Nevada, Page 605ê

 

CHAPTER 412, AB 404

Assembly Bill No. 404–Committee on Labor and Management

CHAPTER 412

AN ACT relating to building investments by the Nevada industrial commission; adding to the type of buildings that the Nevada industrial commission may purchase out of 10 percent of state insurance fund.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 616.180 is hereby amended to read as follows:

      616.180  1.  The commission is authorized, pursuant to a resolution of the commission approved by the governor, to invest not to exceed 10 percent of the total assets of the state insurance fund in rehabilitation buildings and facilities, occupational safety and health buildings and facilities and office buildings in this state. The commission shall cooperate with the state public works board in all planning and construction undertaken by the commission pursuant to this section. The commission is authorized to occupy whatever room or rooms are necessary for the performance of its duties, and any such buildings or portions thereof not occupied by the commission may be rented only to other state agencies, departments, commissions, bureaus and officers.

      2.  The title of any real property purchased under the authority granted by subsection 1 shall be examined and approved by the attorney general.

      3.  Any income derived from rentals shall be deposited as provided in NRS 616.450.

      4.  The commission is authorized, pursuant to a resolution of the commission approved by the governor, to sell any real property acquired by it pursuant to the provisions of subsection 1. All moneys received by the commission for the sale of such real property shall be deposited in the state insurance fund.

 

________

 

 

CHAPTER 413, AB 427

Assembly Bill No. 427–Committee on Labor and Management

CHAPTER 413

AN ACT relating to industrial insurance; allowing certain injured employees whose impairment does not exceed 12 percent to elect lump sum payment of certain compensation benefits; providing method of computation; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 616.605 is hereby amended to read as follows:

      616.605  1.  Every employee, in the employ of an employer [,] within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability.


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

ê1975 Statutes of Nevada, Page 606 (Chapter 413, AB 427)ê

 

out of and in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability. As used in this section “disability” and “impairment of the whole man” are equivalent terms.

      2.  The percentage of disability shall be determined by the commission. The determination shall be made by a physician designated by the commission, or board of physicians, in accordance with the current American Medical Association publication, “Guides to the Evaluation of Permanent Impairment.”

      3.  No factors other than the degree of physical impairment of the whole man shall be considered in calculating the entitlement to permanent partial disability compensation.

      4.  Each 1 percent of impairment of the whole man shall be compensated by monthly payment of 0.5 percent of the claimant’s average monthly wage. Compensation shall commence on the date of [determination of the degree of permanent impairment by the commission] the injury or the day following termination of temporary disability compensation, if any, whichever is later, and shall continue on a monthly basis for 5 years [,] or until the 65th birthday of the claimant, whichever is later.

      (a) The commission may pay compensation benefits annually to claimants with less than a 25 percent permanent partial disability.

      (b) The commission may advance up to 1 year’s permanent partial disability benefits to an injured workman who demonstrates a dire financial need that is not met by the ordinary monthly benefit. Monthly permanent partial disability benefits will not begin until the total advance is offset.

      (c) A claimant injured on or after July 1, 1973, and incurring a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum payment calculated at 50 percent of the average monthly wage for each 1 percent of disability, less any permanent partial disability benefits already received.

      5.  (a) Death of the employee terminates entitlement to permanent partial disability compensation.

      (b) An employee receiving permanent total disability compensation is not entitled to permanent partial disability compensation during the period when he is receiving permanent total disability compensation.

      (c) An employee receiving temporary total disability compensation is not entitled to permanent partial disability compensation during the period of temporary partial disability.

      (d) An employee receiving temporary partial disability compensation is not entitled to permanent partial disability compensation during the period of temporary partial disability.

      6.  Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.


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

ê1975 Statutes of Nevada, Page 607 (Chapter 413, AB 427)ê

 

      7.  The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this section.

      8.  The increase in compensation and benefits effected by the amendment of this section shall not be retroactive.

      9.  This section does not entitle any person to double payments on account of death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

      Sec. 2.  NRS 616.620 is hereby amended to read as follows:

      616.620  Except as provided by NRS 616.605 and 616.615, the commission shall not make or allow any lump sum settlement.

 

________

 

 

CHAPTER 414, AB 666

Assembly Bill No. 666–Committee on Government Affairs

CHAPTER 414

AN ACT to amend an act entitled “An Act incorporating the City of Reno, in Washoe County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto,” approved May 6, 1971, as amended.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  Section 3.090 of Article III of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1975, is hereby amended to read as follows:

      Section 3.090  County treasurer to be ex officio city treasurer; duties.

      1.  The treasurer of Washoe County shall be ex officio city treasurer and tax receiver of the city. The county treasurer shall perform such duties for the city without additional compensation.

      2.  The city treasurer shall, with the consent of the city council, appoint the city clerk or other city officer as deputy city treasurer to perform such duties as may be designated by the city council.

      3.  The city shall compensate Washoe County [in the amount of $1,800 per year] annually in an amount agreed upon by the city council and the board of county commissioners of Washoe County for the services rendered by the treasurer of Washoe County under this section.

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

 

________

 


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

ê1975 Statutes of Nevada, Page 608ê

 

CHAPTER 415, SB 229

Senate Bill No. 229–Committee on Judiciary

CHAPTER 415

AN ACT relating to juveniles and the juvenile courts; providing a procedure to place a child under the supervision of the court without a formal adjudication of delinquency; providing for a detention hearing within a specified period from the time a child requests such rehearing; exempting judges and masters of juvenile courts in delinquency cases from certain disqualification provisions applicable to judges in civil actions; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 1.230 is hereby amended to read as follows:

      1.230  1.  A judge shall not act as such in an action or proceeding when he entertains actual bias or prejudice for or against one of the parties to the action.

      2.  A judge shall not act as such in an action or proceeding when implied bias exists in any of the following respects:

      (a) When he is a party to or interested in the action or proceeding.

      (b) When he is related to either party by consanguinity or affinity within the third degree.

      (c) When he has been attorney or counsel for either of the parties in the particular action or proceeding before the court.

      (d) When he is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree.

      3.  A judge, upon his own motion, may disqualify himself from acting in any matter upon the ground of actual or implied bias.

      4.  Any party to an action or proceeding, seeking to disqualify a judge for actual or implied bias, shall file a charge in writing, specifying the facts upon which such disqualification is sought. Hearing on such charge shall be had before such other district judge as the parties may by agreement select, or in absence of such agreement before such judge as shall be appointed by the judge sought to be disqualified.

      5.  A judge shall not act as such if either party to a civil action in the district court shall file an affidavit alleging that the judge before whom the action is to be tried has a bias or prejudice either against him or in favor of an opposite party to the action. The judge shall proceed no further therein but either transfer the action to some other department of the court, if there be more than one department of the court in the district, or request the judge of some other district court of some other district to preside at the hearing and trial of the action. Every affidavit must be filed at least 10 days before the hearing of a contested matter if a judge has been assigned to hear such matter or, if a judge has not been assigned at least 10 days prior to such hearing, the affidavit must be filed when the party or his attorney is notified that a judge has been assigned to hear the matter. No affidavit shall be filed unless accompanied by a certificate of the attorney of record for affiant that the affidavit is made in good faith and not for delay, and the party filing the affidavit for change of judge shall at the time of filing same pay to the clerk of the court in which the affidavit is filed $25, which sum shall be by the clerk transmitted to the state treasurer who shall place the same to the credit of the district judges’ traveling fund.


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

ê1975 Statutes of Nevada, Page 609 (Chapter 415, SB 229)ê

 

court in which the affidavit is filed $25, which sum shall be by the clerk transmitted to the state treasurer who shall place the same to the credit of the district judges’ traveling fund. The right hereby granted may be lost by the failure of a party to comply with the requirements set forth in this subsection or by a waiver in writing executed by the party or by his attorney, and not otherwise. The provisions of this subsection do not apply in delinquency cases in juvenile court proceedings under chapter 62 of NRS.

      6.  No judge or court shall punish for contempt anyone making, filing or presenting a charge for disqualification pursuant to subsection 4 or an affidavit pursuant to subsection 5.

      7.  This section shall not apply to the arrangement of the calendar or the regulation of the order of business.

      8.  Paragraph (d) of subsection 2 shall not apply to the presentation of ex parte or uncontested matters, except in fixing fees for attorneys related within the degree of consanguinity or affinity therein specified.

      Sec. 2.  NRS 62.128 is hereby amended to read as follows:

      62.128  1.  A complaint alleging that a child is delinquent, neglected or in need of supervision shall be referred to the probation officer of the appropriate county. The probation officer shall conduct a preliminary inquiry to determine whether the best interests of the child or of the public require that a petition be filed. If judicial action appears necessary, the probation officer may recommend the filing of a petition, but any such petition shall be prepared and countersigned by the district attorney before it is filed with the court. Decision of the district attorney on whether or not to file a petition is final.

      2.  If the probation officer refuses to recommend the filing of a petition, the complainant shall be notified by the probation officer of his right to a review of his complaint by the district attorney. The district attorney, upon request of the complainant, shall review the facts presented by the complainant and after consultation with the probation officer shall prepare, countersign and file the petition with the court when he believes such action is necessary to protect the community or interests of the child.

      3.  When a child is in detention or shelter care and the filing of a petition is not approved by the district attorney, the child shall be immediately released.

      4.  When a child is in detention or shelter care, a petition alleging delinquency or need of supervision shall be dismissed with prejudice if it was not filed within 10 days from the date the complaint was referred to the probation officer.

      5.  Upon the filing of a petition, the judge or the master may place a minor under the supervision of the court pursuant to a supervision and consent decree without a formal adjudication of delinquency, upon the recommendation of the probation officer, the written approval of the district attorney and the written consent and approval of the minor and his parents or guardian, under the terms and conditions provided for in the decree. The petition may be dismissed upon successful completion of the terms and conditions of the supervision and consent decree.

      Sec. 3.  NRS 62.170 is hereby amended to read as follows:


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

ê1975 Statutes of Nevada, Page 610 (Chapter 415, SB 229)ê

 

      62.170  1.  Any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose surroundings are such as to endanger his welfare. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child shall be released to the custody of his parent or other responsible adult upon the written agreement signed by such person to bring the child to the court at a stated time or at such time as the court may direct. The written agreement shall be submitted to the court as soon as possible. If such person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.

      2.  If the child is not released, as provided in subsection 1, the child shall be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention shall be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as shall be designated by the court, subject to further order.

      3.  Except as provided otherwise in this section no child under 18 years of age shall at any time be confined or detained in any police station, lockup, jail or prison, or detained in any place where the child can come into communication with any adult convicted of crime or under arrest and charged with crime; except that where no other detention facility has been designated by the court, until the judge or probation office can be notified and other arrangements made therefor, the child may be placed in a jail or other place of detention, but in a place entirely separated from adults confined therein. Whenever it is possible to do so, special efforts shall be made to keep children who are neglected or in need of supervision apart from children charged with delinquent acts.

      4.  A child who is taken into custody and detained shall, upon application, be given a detention hearing, conducted by the judge or master, within 24 hours after such child submits an application, excluding Saturdays, Sundays and holidays. A child shall not be released after a detention hearing without the written consent of the judge or master.

      5.  The official in charge of any detention home may by written order direct the transfer to the county jail of a child placed in the detention home. The child shall not be detained in the county jail for more than 24 hours unless a district judge orders him so detained for a longer period. Such an order may be made by the judge without notice to the child or anyone on his behalf. Any child under 18 years of age who is held in the county jail pursuant to the provisions of this subsection shall, where possible, be placed in a cell separate from adults.

 

________

 


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

ê1975 Statutes of Nevada, Page 611ê

 

CHAPTER 416, SB 158

Senate Bill No. 158–Committee on Environment and Public Resources

CHAPTER 416

AN ACT relating to geothermal resources; providing definitions; authorizing the state engineer to adopt regulations to control the development of geothermal resources; declaring that water or steam encountered during exploration is subject to certain appropriation procedures; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  Title 48 of NRS is hereby amended by adding thereto a new chapter to consist of 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.  “Geothermal resource” means heat or other associated geothermal energy found beneath the surface of the earth.

      2.  “State engineer” means the state engineer appointed by the director of the state department of conservation and natural resources pursuant to NRS 532.020, or his designee.

      Sec. 3.  1.  The state engineer may adopt such regulations as are necessary to insure the proper development, control and conservation of Nevada’s geothermal resources.

      2.  The regulations may include but are not restricted to:

      (a) Defining geothermal areas;

      (b) Establishing security requirements;

      (c) Establishing casing and safety device requirements;

      (d) Establishing recordkeeping requirements;

      (e) Establishing procedures to prevent pollution and waste;

      (f) Authorizing investigations and research which may be in conjunction with other governmental and private agencies; and

      (g) Establishing well-spacing requirements.

      Sec. 4.  The adoption, amendment and repeal of regulations under section 3 of this act and procedures established pursuant thereto shall be subject to the provisions of chapter 233B of NRS (Nevada Administrative Procedure Act).

      Sec. 5.  Any water and steam encountered during geothermal exploration is subject to the appropriation procedures of chapters 533 and 534 of NRS.

      Sec. 6.  This act shall become effective upon passage and approval.

 

________

 


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

ê1975 Statutes of Nevada, Page 612ê

 

CHAPTER 417, AB 641

Assembly Bill No. 641–Select Committee on Utilities

CHAPTER 417

AN ACT relating to economic development revenue bonds; extending their use to capital improvements of a public utility; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 244.9196 is hereby amended to read as follows:

      244.9196  “Project” means:

      1.  Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial or research and development enterprises.

      2.  Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:

      (a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.

      (b) In connection with furnishing of water if available on reasonable demand to members of the general public.

      3.  Any undertaking by a public utility, in addition to that allowed by subsection 2, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.

      Sec. 2.  NRS 268.522 is hereby amended to read as follows:

      268.522  “Project” means: [any]

      1.  Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial or research and development enterprises.

      2.  Any undertaking by a public utility which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.

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

 

________

 


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

ê1975 Statutes of Nevada, Page 613ê

 

CHAPTER 418, AB 558

Assembly Bill No. 558–Committee on Government Affairs

CHAPTER 418

AN ACT relating to control and sale of state lands; clarifying the right of the owner of a severed mineral estate to bring an action for declaratory judgment against the State of Nevada to remove any cloud on the title to mineral rights on lands originally obtained from the state; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 321.332 is hereby amended to read as follows:

      321.332  1.  Every person, corporation or association, his, her or its heirs, assigns or lawful successors referred to in NRS 321.331, who is entitled to [the possession of] any lands that may have been purchased by him, her or it, or his, her or its predecessors in interest, from the State of Nevada subsequent to March 3, 1887, or who has a separate estate in the minerals, including any gas, coal, oil and oil shales existing in such land, arising from a conveyance or reservation of mineral rights by such an immediate or remote grantee of the state, may bring an action in the district court of this state in and for any county where such lands or any part thereof are situate to determine by declaratory judgment of such court whether or not the State of Nevada has any rights to any minerals therein, including any oil, gas, coal and oil shales and, if possible, the extent thereof, and the State of Nevada hereby consents to the bringing of any such action or actions.

      2.  Service of process on the State of Nevada in any such action may be secured by serving a copy of the complaint, together with a copy of the summons, on the attorney general of the State of Nevada.

      3.  If an action is brought pursuant to this section by the holder of a separate mineral estate, he shall give notice of the bringing of the action, by registered or certified mail to every record owner of the fee in any lands which are the subject of the action, but is not required to join any such owner as a party to the action. The notice shall be given on or within 5 days after the date of filing the complaint, shall identify the land of the owner which is affected, and shall state the case number and court in which the action is brought.

 

________

 


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

ê1975 Statutes of Nevada, Page 614ê

 

CHAPTER 419, AB 547

Assembly Bill No. 547–Committee on Education

CHAPTER 419

AN ACT relating to public school personnel; requiring certain reports and evaluations; altering the hearing procedure for dismissal of probationary teachers; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 391.100 is hereby amended to read as follows:

      391.100  1.  The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.

      2.  The board of trustees of a school district:

      (a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist certificated personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. Such noncertificated personnel shall be given direct supervision by certificated personnel in all duties which are instructional in nature but may perform duties which are not primarily instructional in nature without a certificated person in attendance.

      (b) Shall establish policies governing the duties and performance of teacher aides.

      3.  Notwithstanding the provisions of NRS 252.110, the board of trustees of a school district may employ independent legal counsel when such employment is deemed necessary by the board.

      4.  Notwithstanding the provisions of NRS 354.596, not later than 30 days prior to the time of filing its tentative budget, each board of school trustees of a school district shall submit, or cause to be submitted [,] simultaneously, to the state department of education and the Nevada tax commission a report showing the estimated number of persons to be employed whose salaries will be paid from amounts to be included in its tentative and final budgets for the ensuing fiscal year. The report shall be made on forms prescribed by the state department of education and shall include, but shall not be limited to:

      (a) A schedule showing the estimated number of persons to be employed by account and fund classification and fully funded thereby; and

      (b) A schedule showing the estimated number of persons to be employed by classification who are funded by more than one account or fund.

      (c) The projected salary schedule for the next fiscal year.

      Sec. 2.  NRS 391.3125 is hereby amended to read as follows:

      391.3125  1.  It is the intent of the legislature that a uniform system be developed for objective evaluation of teacher personnel in each school district.

      2.  Each board of school trustees, following consultation and involvement of elected representatives of teacher personnel or their designees, shall develop an objective evaluation policy which may include self, student, administrative or peer evaluation or any combination thereof. In like manner, counselors, librarians and other certificated school support personnel shall be evaluated on forms developed specifically for their respective specialties.


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

ê1975 Statutes of Nevada, Page 615 (Chapter 419, AB 547)ê

 

manner, counselors, librarians and other certificated school support personnel shall be evaluated on forms developed specifically for their respective specialties. A copy of the evaluation policy adopted by the board of trustees shall be filed with the state board of education.

      3.  Each probationary teacher shall be evaluated in writing at least twice each year. The first evaluation shall take place no later than 60 school days after the teacher enters service under the contract and the second shall take place no later than March 1.

      4.  Each postprobationary teacher shall be evaluated at least once each year.

      5.  The evaluation of a probationary teacher or a postprobationary teacher shall, if necessary, include recommendations for improvements in teaching performance. A reasonable effort shall be made to assist the teacher to correct deficiencies noted in the evaluation. The teacher shall receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response shall become a permanent attachment to the teacher’s personnel file.

      Sec. 3.  NRS 391.3127 is hereby amended to read as follows:

      391.3127  1.  Each board of school trustees, following consultation and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective evaluation policy which may include self, student, administrative or peer evaluation or any combination thereof. A copy of the evaluation policy adopted by the board of trustees shall be filed with the state board of education.

      2.  Each administrator shall be evaluated in writing at least once a year.

      Sec. 4.  NRS 391.3197 is hereby amended to read as follows:

      391.3197  1.  Teachers employed by a board of trustees shall be on probation annually for the first 3 consecutive years of employment unless on an approved leave of absence, [provided] if their services are satisfactory, or they may be dismissed at any time, after a hearing as provided in subsection 3, at the discretion of the board.

      2.  Any certificated employee who has achieved postprobationary status in a Nevada school district and is contracted in a second or subsequent school district shall have a probationary period not to exceed 2 consecutive years of employment in that district.

      3.  Prior to dismissal or nonrenewal, the teacher may obtain a due process [hearing before the board or, at the discretion of the board, a] hearing before a hearing officer or hearing commission as set out in NRS 391.311 to 391.3196, inclusive. [The appeal provisions of chapter 233B of NRS do not apply for a probationary teacher.]

      4.  After receiving the report of the hearing officer or hearing commission, the board may accept or reject the recommendation. The board’s decision is final and not subject to judicial review.

 

________

 


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

ê1975 Statutes of Nevada, Page 616ê

 

CHAPTER 420, AB 416

Assembly Bill No. 416–Committee on Elections

CHAPTER 420

AN ACT relating to elections; further specifying the residence requirement for candidates; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 281.050 is hereby amended to read as follows:

      281.050  1.  The legal residence of a person with reference to his eligibility to office is that place where he [shall have] has been actually, physically and corporeally present within the state or county or district, as the case may be, during all the period for which residence is claimed by him. Should any person absent himself from the jurisdiction of his residence such absence shall be considered in determining the question of legal residence.

      2.  If a candidate who has filed for elective office moves his residence out of the state, county, district, ward, subdistrict or any other unit prescribed by law for which he is a candidate and in which he is required to reside, a vacancy is created thereby and the appropriate action for filling such vacancy shall be taken.

      3.  The district court [shall have] has jurisdiction to determine the question of legal residence in an action for declaratory judgment.

      Sec. 2.  NRS 283.040 is hereby amended to read as follows:

      283.040  1.  Every office [shall become] becomes vacant upon the occurring of [either] any of the following events before the expiration of the term:

      (a) The death or resignation of the incumbent.

      (b) The removal of the incumbent from office.

      (c) The confirmed insanity of the incumbent, found [upon a commission of lunacy issued to determine the fact.] by a court of competent jurisdiction.

      (d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond [.] or a violation of section 3 of this act.

      (e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010; or, when a bond is required by law, his refusal or neglect to give such bond within the time prescribed by law.

      (f) The ceasing of the incumbent to be a resident of the state, district, county, city [or precinct] , ward or other unit prescribed by law in which the duties of his office are to be exercised, or [for which he shall have been] from which he was elected or appointed [.] , or in which he was required to reside to be a candidate for office.

      (g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness, or absence from the state or county, as provided by law.

      (h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.


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

ê1975 Statutes of Nevada, Page 617 (Chapter 420, AB 416)ê

 

      2.  Upon the happening of any of the events enumerated in subsection 1, should the incumbent fail or refuse to relinquish his office, the attorney general shall, if the office affected [be a state or district office,] is a state office or concerns more than one county, or the district attorney shall, if the office affected [be a county, city or precinct office,] is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any [and all] proceedings for judgment and decree declaring such office vacant.

      Sec. 3.  Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  In addition to any other requirement provided by law, no person may be a candidate for any office unless he has been a legal resident of the district to which the office pertains for at least 30 days before the close of filing of declarations of candidacy for the office which he seeks.

      2.  Any person who knowingly and willfully files an acceptance, certificate or declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.

      3.  Any person convicted under the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.

      4.  The provisions of this section do not apply to candidates for the office of district attorney.

      Sec. 4.  NRS 293.177 is hereby amended to read as follows:

      293.177  1.  Except as provided in NRS 293.165, no name may be printed on a ballot or a ballot label to be used at a primary election unless the person named has filed a declaration of candidacy, or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not later than 5 p.m. of the 3rd Wednesday in July.

      2.  A declaration of candidacy or an acceptance of a candidacy required to be filed by this section shall be in substantially the following form:

 

Declaration of Candidacy of ..............................

for the Office of ..............................

 

State of Nevada

 

County of .............................................

}ss.

 

 

      For the purpose of having my name placed on the official primary ballot as a candidate for the .............................. Party nomination for the office of .............................., I, the undersigned .............................., do swear (or affirm) that I reside at No. .........., .............................. Street, in the City (or Town) of .............................., County of .............................., State of Nevada; that I am a registered voter of the election precinct in which I reside; that my actual, as distinguished from constructive, residence therein began on a date 30 days or more prior to the date of close of filing of declarations of candidacy for this office; that I am registered as a member of the .............................. Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since September 1 prior to the closing filing date for this election; that I believe in and intend to support the principles and policies of such political party in the coming election; that if nominated as a nonpartisan candidate or as a candidate of the ..............................


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

ê1975 Statutes of Nevada, Page 618 (Chapter 420, AB 416)ê

 

election; that if nominated as a nonpartisan candidate or as a candidate of the .............................. Party at the ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name shall appear on all ballots as here designated.

 

                                                                .......................................................................................

                                                                                        (Designation of name)

                                                                .......................................................................................

                                                                             (Signature of candidate for office)

 

Subscribed and sworn to before

me this ............... day of ..........................., 19 .........

...............................................................

     Notary Public (or other officer

  authorized to administer an oath)

 

      3.  A person may be a candidate under the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.

      4.  The party designation in nonpartisan elections shall not be shown on the declaration of candidacy.

 

________

 

 

CHAPTER 421, AB 364

Assembly Bill No. 364–Committee on Labor and Management

CHAPTER 421

AN ACT relating to workmen’s compensation; increasing the maximum pay deemed to be received by certain corporate officers; eliminating compulsory coverage for a working member of a partnership; expanding “employee” to include members of county and local departments, boards, commissions, agencies and bureaus who receive less than $250 per month compensation; declaring that an employee injured while participating without pay in an athletic or social event sponsored by his employer is not entitled to compensation; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 616.055 is hereby amended to read as follows:

      616.055  “Employee” and “workman” are used interchangeably in this chapter and shall be construed to mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:

      1.  Aliens and minors.

      2.  All elected and appointed paid public officers.

      3.  Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.


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

ê1975 Statutes of Nevada, Page 619 (Chapter 421, AB 364)ê

 

      4.  Officers of quasi-public or private corporations who receive pay as provided in the charter or bylaws of the corporation for service performed, provided that a paid corporation officer shall be deemed for the purposes of this chapter to receive a minimum pay of $3,600 per annum and a maximum pay of [$15,600] $24,000 per annum irrespective of the provisions of a corporation charter or bylaws.

      5.  [A working member of a partnership receiving wages, irrespective of profits from such partnership.

      6.]  Lessees engaged in either mining or operating reduction plants; provided:

      (a) That such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality; and

      (b) That the lessor shall be relieved from providing and securing compensation under the terms of this chapter if the lessee had covered itself and its employees under the terms, conditions and provisions of this chapter.

      Sec. 2.  NRS 616.079 is hereby amended to read as follows:

      616.079  1.  Members of state, county and local departments, boards, commissions, agencies or bureaus [appointed by the governor, the legislature or other statutory authority] , whether elected or appointed as such members, who serve without compensation or who receive less than $250 per month compensation, and the members of the state board of education and the members of the board of regents of the University of Nevada, while engaged in their designated duty as such members, shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this chapter.

      2.  For the fiscal year commencing July 1, 1961, and for each fiscal year thereafter, each such state, county and local department, board, commission, agency or bureau and the state department of education and the board of regents of the University of Nevada shall budget for such premiums in the same manner as other expenditures are budgeted for, and shall pay such premiums out of moneys appropriated therefor in the manner provided in NRS 616.405 to the extent that such provisions are applicable.

      Sec. 3.  NRS 616.110 is hereby amended to read as follows:

      616.110  1.  “Injury” and “personal injury” [shall be construed to mean] means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result, and resulting from external force, including injuries to artificial members. Any injury sustained by an employee while engaging in an athletic or social event sponsored by the employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in such event.

      2.  For the purposes of this chapter, coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall not be deemed to be an injury by accident sustained arising out of and in the course of the employment.

      Sec. 4.  NRS 616.310 is hereby amended to read as follows:


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

ê1975 Statutes of Nevada, Page 620 (Chapter 421, AB 364)ê

 

      616.310  1.  Workmen described in subsection [6] 5 of NRS 616.055 and in NRS 616.065, whose employer is within the provisions of this chapter, shall be reported by the employer separate and apart from those employed at a daily wage, and the report shall describe briefly:

      (a) The agreement under which the work is to be performed;

      (b) The aggregate number of shifts worked during the preceding month; and

      (c) The total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality.

      Otherwise the payroll reports and premium payments on earnings of employees described in this section shall be governed by the requirements of this chapter regarding employees engaged at a regular wage.

      2.  However, any such workmen partnership or lessees, by filing with the commission an acceptance of the provisions of this chapter and by the payment of the premiums in advance upon the estimated earnings of themselves, and any workmen they may employ, may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the person having the work executed, as provided in NRS 616.065, or the lessor, as provided in subsection [6] 5 of NRS 616.055, shall be relieved of this obligation.

      Sec. 5.  NRS 616.400 is hereby amended to read as follows:

      616.400  1.  Every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of each month, furnish the commission with a true and accurate payroll showing:

      (a) The total amount paid to employees for services performed during the month; and

      (b) A segregation of employment in accordance with the requirements of the commission,

together with the premium due thereon.

      2.  In determining the total amount paid to employees by each employer for services performed during a year, the maximum amount [earned by] paid by each employer to any one employee during the year shall be deemed to be [$15,600.] $24,000.

      3.  Any employer by agreement in writing with the commission may arrange for the payment of premiums in advance for a period of more than 60 days.

      4.  Failure on the part of any such employer to comply with the provisions of this section and NRS 616.395 shall operate as a rejection of this chapter, effective at the expiration of the period covered by his estimate.

      5.  If an audit of the accounts or actual payroll of such employer shows the actual premium earned to have exceeded the estimated advance premium paid, the commission may require the payment of a sum sufficient to cover such deficit, together with such amount as in its judgment would constitute an adequate advance premium for the period covered by the estimate.

      6.  The commission shall diligently proceed, by use of registered or certified mail or by other suitable means, to notify any employer and his representative or his representative of any failure on his part to comply with the foregoing provisions; but such notice or its omission shall in no way modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.


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

ê1975 Statutes of Nevada, Page 621 (Chapter 421, AB 364)ê

 

with the foregoing provisions; but such notice or its omission shall in no way modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

      Sec. 6.  NRS 617.070 is hereby amended to read as follows:

      617.070  “Employee” and “workman” are used interchangeably in this chapter and shall be construed to mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:

      1.  Aliens and minors.

      2.  All elected and appointed paid public officers.

      3.  Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.

      4.  Officers of quasi-public or private corporations who receive pay as provided in the charter or bylaws of the corporation for service performed, provided that a paid corporation officer shall be deemed for the purposes of this chapter to receive a minimum pay of $3,600 per annum and a maximum pay of [$15,600] $24,000 per annum irrespective of the provisions of a corporation charter or bylaws.

      5.  [A working member of a partnership receiving wages, irrespective of profits from such partnership.

      6.]  Lessees engaged in either mining or operating reduction plants; provided:

      (a) That such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality; and

      (b) That the lessor shall be relieved from providing and securing compensation under the provisions of this chapter if the lessee has covered itself and its employees under the provisions of this chapter.

      [7.]6.  Volunteer firemen entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070.

      Sec. 7.  NRS 617.250 is hereby amended to read as follows:

      617.250  1.  Workmen described in subsection [6] 5 of NRS 617.070 and in NRS 617.090, whose employer is within the provisions of this chapter, shall be reported by the employer separate and apart from those employed at a daily wage, and the report shall describe briefly:

      (a) The agreement under which the work is to be performed;

      (b) The agreement number of shifts worked during the preceding month; and

      (c) The total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality.

      Otherwise, the payroll reports and premium payments on earnings of employees described in this section shall be governed by the requirements of this chapter regarding employees engaged at a regular wage.

      2.  Any such workmen partnership or lessees, however, by filing with the commission an acceptance of the provisions of this chapter and by the payment of the premiums in advance upon the estimated earnings of themselves, and any workmen they may employ, may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the person having the work executed, as provided in NRS 617.090, or the lessor, as provided in subsection [6] 5 of NRS 617.070, shall be relieved of this obligation.


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

ê1975 Statutes of Nevada, Page 622 (Chapter 421, AB 364)ê

 

obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the person having the work executed, as provided in NRS 617.090, or the lessor, as provided in subsection [6] 5 of NRS 617.070, shall be relieved of this obligation.

 

________

 

 

CHAPTER 422, AB 452

Assembly Bill No. 452–Assemblymen Robinson, Ashworth, Demers and Getto

CHAPTER 422

AN ACT relating to the public service commission of Nevada; establishing a consumer division to handle complaints made against public utilities; providing procedures for handling complaints; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  A division of consumer relations is hereby established within the commission.

      2.  Pursuant to regulations adopted by the commission, the division of consumer relations shall:

      (a) Receive and investigate complaints made against any public utility;

      (b) Conduct appropriate investigations of utility company service practices; and

      (c) Perform such other functions as the commission deems appropriate and necessary.

      Sec. 2.  NRS 704.450 is hereby amended to read as follows:

      704.450  1.  Upon a complaint made against any public utility by any [mercantile, agricultural or manufacturing society or club, or by any body politic or municipal organization, or by any person or persons, firm or firms, corporation or corporations, association or associations, the same being interested,] interested natural person or partnership, corporation, association, any form of business organization or any governmental entity, that any of the rates, tolls, charges or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurements, practice or act [whatsoever] affecting or relating to the transportation of persons or property, or any service in connection therewith, or the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, [the commission shall, within] and the division of consumer relations is unable to resolve the complaint, the division shall transmit the complaint and its recommendation to the commission. Within 10 days after receipt of [such complaint,] the complaint and recommendation, the commission shall provide the public utility complained against with a copy of the complaint [.]


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

ê1975 Statutes of Nevada, Page 623 (Chapter 422, AB 452)ê

 

shall provide the public utility complained against with a copy of the complaint [.] and recommendation. Within a reasonable time thereafter the commission shall investigate [such] the complaint.

      2.  If, as a result of such investigation, the commission [shall determine] determines that probable cause exists for such complaint, it shall order a hearing thereof, and such hearing shall be noticed as provided in NRS 704.465, and conducted as any other hearing before the commission.

      3.  No order affecting such rates, tolls, charges, schedules, regulations, measurements, practice or act complained of shall be entered without a formal hearing at which both the complainant and the public utility are entitled to appear by counsel or otherwise and be fully heard, unless a hearing is dispensed with as provided in NRS 704.465.

 

________

 

 

CHAPTER 423, AB 584

Assembly Bill No. 584–Committee on Commerce

CHAPTER 423

AN ACT relating to alcoholic beverages; limiting vertical competition in the distribution and marketing of alcoholic beverages; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  It is the policy of the legislature to insure the orderly distribution and marketing of alcoholic beverages in this state in order to protect locally owned and operated business enterprises and those residents whose livelihoods and investments are dependent on their freedom to manage their businesses without economic and coercive control by nonresident suppliers of alcoholic beverages.

      Sec. 3.  As used in NRS 369.180 and sections 4 to 6, inclusive, of this act, unless the context otherwise requires:

      1.  “Alcoholic beverage” means any spirituous, vinous or malt liquor which contains 1 percent or more ethyl alcohol by volume.

      2.  “Engage in” includes participation in a business as an owner or partner, or through a subsidiary, affiliate, ownership equity or in any other manner.

      3.  “Person” includes a natural person, firm, partnership, association, company, corporation, organization, joint venture, social club, syndicate, cooperative or any other group acting as a unit.

      Sec. 4.  1.  A person engaged in the business of manufacturing, blending or bottling of alcoholic beverages shall not engage in the business of importing, wholesaling or retailing of alcoholic beverages by investment, loan or extension of credit in excess of normal terms prevalent in the industry.


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

ê1975 Statutes of Nevada, Page 624 (Chapter 423, AB 584)ê

 

      2.  This section does not preclude any person engaged in the business of importing, wholesaling or retailing alcoholic beverages from owning less than 2 percent of the outstanding ownership equity in any organization which manufactures, blends or bottles alcoholic beverages.

      Sec. 5.  Any person who is engaged in the business of importing or wholesaling alcoholic beverages in the State of Nevada shall not engage in the business of retailing alcoholic beverages in this state.

      Sec. 6.  The license of any person who violates the provisions of sections 4 or 5 of this act shall be suspended or revoked in the manner provided in this chapter.

      Sec. 7.  NRS 369.180 is hereby amended to read as follows:

      369.180  In addition to the limitations imposed by sections 4 and 5 of this act, a person shall not:

      [1.  No person shall be an importer of liquors] 1.  Import liquors into the State of Nevada unless he first secures an importer’s license or permit from the State of Nevada.

      2.  [No person shall engage] Engage in business as a wholesale dealer of wines and liquors in the State of Nevada unless he first secures a wholesale wine and liquor dealer’s license from the State of Nevada.

      3.  [No person shall engage] Engage in business as a wholesale dealer of beer in the State of Nevada unless he first secures a wholesale beer dealer’s license from the State of Nevada.

 

________

 

 

CHAPTER 424, SB 354

Senate Bill No. 354–Senators Bryan, Hilbrecht, Gojack, Sheerin, Echols, Schofield, Blakemore and Wilson

CHAPTER 424

AN ACT relating to housing; creating a housing division in the department of commerce; vesting it with appropriate power to promote the development of housing for persons of low and moderate income; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 232.230 is hereby amended to read as follows:

      232.230  1.  The department of commerce is hereby created.

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

      (a) Banking division.

      (b) Consumer affairs division.

      (c) Credit union division.

      (d) Housing division.

      [(d)](e) Insurance division.

      [(e)](f) Real estate division.

      [(f)](g) Savings and loan division.

      [(g)](h) State fire marshal division.


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

ê1975 Statutes of Nevada, Page 625 (Chapter 424, SB 354)ê

 

      Sec. 2.  NRS 232.250 is hereby amended to read as follows:

      232.250  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions of the department. In making such appointments, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and shall make such appointments after consultation with and concurrence of such organizations. The chief of the banking division shall be known as the superintendent of banks, the chief of the consumer affairs division shall be known as the commissioner of consumer affairs, the chief of the credit union division shall be known as the commissioner of credit unions, the chief of the housing division shall be known as the administrator of the housing division, the chief of the insurance division shall be known as the commissioner of insurance, the chief of the real estate division shall be known as the real estate administrator, the chief of the savings and loan division shall be known as the commissioner of savings associations and the chief of the state fire marshal division shall be known as the state fire marshal.

      2.  Be responsible for the administration, through the divisions of the department, of the provisions of Titles 55 to 57, inclusive, of NRS, chapter 645 of NRS, NRS 598.360 to 598.640, inclusive, sections 4 to 42, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department.

      Sec. 3.  Title 25 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 4 to 42, inclusive, of this act.

      Sec. 4.  This chapter may be cited as the Nevada Housing Finance Law.

      Sec. 5.  The legislature finds and declares that:

      1.  There exists a serious shortage of decent, safe and sanitary housing in this state available to persons and families of low and moderate income.

      2.  This condition is conducive to disease, crime, environmental decline and poverty, impairs the economic value of large areas, which are characterized by depreciated value, impaired investments, reduced capacity to pay taxes, and lack of new development to meet the needs of area residents, and is a menace to the health, safety, morals and welfare of the citizens of this state.

      3.  This condition results in a loss of population and further deterioration accompanied by added costs to communities for creation of new public facilities and services elsewhere.

      4.  It is difficult and uneconomic for individual owners independently to remedy this condition.

      5.  One major cause of this condition has been recurrent shortages of money from private sources, and such shortages have contributed to reductions in construction of new residential housing and have made the sale and purchase of existing residential housing a virtual impossibility in certain parts of the state.

      6.  The ordinary operations of private enterprise have not in the past corrected these conditions.

      7.  The reduction in housing construction has caused substantial unemployment and underemployment in the construction industry which results in hardships, wastes human resources, increases the public assistance burdens of the state, impairs the security of family life, impedes the economic and physical development of the state and adversely affects the welfare, health and prosperity of all the people of this state.


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

ê1975 Statutes of Nevada, Page 626 (Chapter 424, SB 354)ê

 

in hardships, wastes human resources, increases the public assistance burdens of the state, impairs the security of family life, impedes the economic and physical development of the state and adversely affects the welfare, health and prosperity of all the people of this state.

      8.  A stable supply of adequate money for the financing of housing is required to encourage new housing in an orderly and sustained manner and thereby to reduce these detrimental results.

      9.  It is necessary to create a housing division in the department of commerce to encourage the investment of private capital and stimulate the financing of housing through the use of public financing to provide mortgage loans and to make loans to and purchase mortgage loans from mortgage lenders.

      10.  All of the purposes set forth in subsection 9 are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned or granted.

This chapter shall be liberally construed to accomplish the public purposes and alleviate the detrimental conditions set forth in this section.

      Sec. 6.  As used in this chapter, the words and terms defined in sections 7 to 16, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 7.  “Administrator” means the administrator of the housing division of the department of commerce.

      Sec. 8.  “Division” means the housing division of the department of commerce.

      Sec. 9.  “Eligible family” means a person or family, selected without regard to race, creed, national origin or sex, determined by the division to require such assistance as is made available by this chapter on account of insufficient personal or family income after taking into consideration, without limitation, such factors as:

      1.  The amount of the total income of such person or family available for housing needs;

      2.  The size of the family;

      3.  The cost and condition of housing facilities available;

      4.  The ability of the person or family to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing decent, safe and sanitary housing; and

      5.  If appropriate, standards established for various federal programs determining eligibility based on income of such persons and families.

      Sec. 10.  “Governmental agency” means the United States of America, this state or any department, division, public corporation, public agency, political subdivision or other public instrumentality of either.

      Sec. 11.  “Insured mortgage” means a mortgage loan for residential housing insured or guaranteed by the United States or a governmental agency or instrumentality thereof.

      Sec. 12.  “Lending institution” means any bank or trust company, Federal National Mortgage Association approved mortgage banker, national banking association, savings and loan association or other financial institution or governmental agency of the United States which customarily provides service or otherwise aids in the financing of mortgages located in this state.


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

ê1975 Statutes of Nevada, Page 627 (Chapter 424, SB 354)ê

 

      Sec. 13.  “Mortgage” means a mortgage deed, deed of trust or other instrument which constitutes a lien on real property in fee simple or on a leasehold under a lease whose remaining term, at the time such mortgage is acquired, does not expire for at least that number of years beyond the maturity date of the obligation secured by such mortgage as is established by the division as necessary to protect its interest as mortgagee.

      Sec. 14.  “Mortgage loan” means an interest bearing obligation secured by a mortgage on land and improvements in this state.

      Sec. 15.  “Real property” means all lands, including improvements and fixtures thereon and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms of years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

      Sec. 16.  “Residential housing” means one or more new or existing residential dwelling units financed pursuant to the provisions of this chapter for the primary purpose of providing decent, safe and sanitary dwelling accommodations for eligible families in need of housing, including any buildings, land, improvements, equipment, facilities, other real or personal property, or other related nonhousing facilities which are necessary, convenient or desirable in connection therewith, and including but not limited to streets, sewers, utilities, parks, site preparation, landscaping and other nonhousing facilities such as administrative, community, transportation, health, recreational, educational, commercial, retail, welfare and public facilities which the division determines improve the quality of the residential living for eligible families.

      Sec. 17.  1.  The division shall administer the provisions of this chapter. The administrator may adopt, amend or rescind regulations, consistent with the provisions of this chapter, appropriate to carry out its purposes.

      2.  The administrator may make copies of all proceedings and other records and documents of the division and issue certificates under the seal of the division to the effect that such copies are true copies, and all persons dealing with the division may rely upon such certificates.

      3.  The division may employ or contract for the services of attorneys, accountants, financial experts and such other advisers, employees, consultants and agents as the administrator may determine to be necessary.

      4.  Before September 1 of each even-numbered year the division shall submit a report of its activities for the biennium ending June 30 of that year to the governor, state treasurer and the legislature. Each such report shall set forth a complete operating and financial statement of the division during such biennium. The division shall cause an audit of its books and accounts to be made at least once in each fiscal year by the legislative auditor or a certified public accountant approved by him.

      Sec. 18.  The division may:

      1.  Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter with any governmental agency, private corporation or other entity, or natural person.

      2.  Enter into agreements or other transactions with, and accept grants from and cooperate with any governmental agency or other source in furtherance of the purposes of this chapter.


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

ê1975 Statutes of Nevada, Page 628 (Chapter 424, SB 354)ê

 

      Sec. 19.  The division may, in connection with any property of which it is the mortgagee but not otherwise:

      1.  Acquire or contract to acquire real or personal property, or any interest therein, on a temporary or permanent basis in its own name by gift, purchase, transfer, foreclosure, lease or otherwise, including rights or easements in property;

      2.  Hold, sell, assign, lease, encumber, mortgage or otherwise dispose of any real or personal property or any interest therein;

      3.  Hold, sell, assign or otherwise dispose of any mortgage interest owned by it or under its control, custody or in its possession; and

      4.  Release or relinquish any right, title, claim, lien, interest, easement or demand however acquired, including any equity or right of redemption in property foreclosed by it.

      5.  Make any such disposition by private sale, with or without public bidding.

      Sec. 20.  The division may:

      1.  Establish such funds or accounts as may be necessary or desirable for furtherance of the purposes of this chapter.

      2.  Invest or deposit its moneys, subject to any agreement with bondholders or noteholders, and is not required to keep any of its moneys in the state treasury. The provisions of chapters 355 and 356 of NRS do not apply to such investments or deposits.

      Sec. 21.  The division may provide advice, technical information, training and educational services, conduct research and promote the development of housing, building technology and related fields.

      Sec. 22.  The division may make, undertake commitments to make and participate with lending institutions in the making of insured mortgage loans, and make temporary loans and advances in anticipation of insured mortgage loans to finance the construction or rehabilitation of multifamily residential housing. Such loans shall be made only after a determination by the administrator that mortgage loans are not otherwise available from private lenders upon reasonably equivalent terms and conditions.

      Sec. 23.  Any insured mortgage loan made by the division shall:

      1.  Not exceed the amount permitted under the insurance program under which the mortgage is insured.

      2.  Be secured in such manner, be repaid in such period and bear interest at a rate determined by the division and permitted under the insurance program under which the mortgage is insured. In addition to such interest charges, the division may charge and collect such fees and charges, including reimbursement of the division’s operating expenses, financing costs, service charges, insurance premiums and mortgage insurance premiums as the division determines to be reasonable.

      Sec. 24.  1.  The division may:

      (a) Invest in, purchase or make commitments to purchase, and take assignments from lending institutions of mortgage loans and promissory notes accompanying such mortgage loans, including federally insured mortgage loans or participations with lending institutions in such promissory notes and mortgage loans, for the construction, rehabilitation, purchase, leasing or refinancing of residential housing within this state.


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

ê1975 Statutes of Nevada, Page 629 (Chapter 424, SB 354)ê

 

      (b) Sell, at public or private sale, with or without public bidding, any mortgage or other obligation held by the division.

      2.  At or before the time of purchase, the lending institution shall certify to the division with respect to all mortgage loans transferred to the division:

      (a) That the mortgage loans transferred to the division are for residential housing for eligible families within this state; or

      (b) That the proceeds of sale or its equivalent will be reinvested in mortgage loans for residential housing for eligible families within this state in an aggregate principle amount equal to the amount of such sale proceeds.

      Sec. 25.  The division may:

      1.  Renegotiate, refinance or foreclose, or contract for the foreclosure of, any mortgage in default;

      2.  Waive any default or consent to the modification of the terms of any mortgage;

      3.  Commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract or other agreement;

      4.  Bid for and purchase property upon which it holds a mortgage at any foreclosure or at any other sale, or acquire and take possession of any such property;

      5.  Operate, manage, lease, dispose of and otherwise deal with such property in such manner as may be necessary to protect the interest of the division and the holders of its bonds, notes and other obligations; and

      6.  Consent to any modification with respect to rate of interest, time and payment of any installment of principal or interest, security or any other term of any contract, mortgage, mortgage loan, mortgage loan commitment, contract or agreement of any kind to which the division is a party, subject to any agreement with bondholders or noteholders.

      Sec. 26.  1.  The division may:

      (a) Make loans to lending institutions under terms and conditions requiring the proceeds thereof to be used by such lending institutions for the making of new mortgage loans for residential housing;

      (b) Purchase securities from lending institutions under terms and conditions requiring that such securities finance mortgage loans for residential housing;

      (c) Require that loans to or securities purchased from lending institutions shall be additionally secured as to payment of both principal and interest by a pledge of and lien upon collateral security in such amounts and consisting of such obligations, securities, and mortgage loans as the administrator determines to be necessary to assure the payment of such loans or securities purchased and the interest thereon as the same become due.

      2.  The division may require in the case of any or all lending institutions that any required collateral be lodged with a bank or trust company, located either within or outside the state, designated by the division as custodian therefor. In the absence of such requirement, a lending institution shall, if collateral is to be provided for the loan or securities purchased, upon receipt of the proceeds from the division, enter into an agreement with the division containing such provisions as the division deems necessary to identify adequately and maintain and service such collateral and providing that such lending institution shall hold such collateral as an agent for the division and shall be held accountable as the trustee of an express trust for the application and disposition thereof and the income therefrom solely to the uses and purposes in accordance with the provisions of such agreement.


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

ê1975 Statutes of Nevada, Page 630 (Chapter 424, SB 354)ê

 

deems necessary to identify adequately and maintain and service such collateral and providing that such lending institution shall hold such collateral as an agent for the division and shall be held accountable as the trustee of an express trust for the application and disposition thereof and the income therefrom solely to the uses and purposes in accordance with the provisions of such agreement. A copy of each such agreement and any revisions or supplements thereto shall be filed as required by the Uniform Commercial Code—Secured Transactions, and the lien and trust for the benefit of the division so created shall be binding from the time made against all parties having claims of any kind in tort, contract or otherwise against such lending institution. The division may also establish such additional requirements as the administrator deems necessary with respect to the pledging, assigning, setting aside or holding of such collateral and the making of substitutions therefor or additions thereto and the disposition of income and receipts therefrom.

      3.  The division may collect, enforce the collection of and foreclose on any collateral securing its loan to or purchase of securities from lending institutions and acquire or take possession of such collateral and sell the collateral at public or private sale, with or without public bidding, and otherwise deal with such collateral as may be necessary to protect the interest of the division therein, all subject to any agreement with bondholders or noteholders.

      Sec. 27.  The division may charge and collect such fees and charges as the division may establish from time to time for its lending and mortgage purchase programs.

      Sec. 28.  The division may procure insurance against any loss in connection with its property and other assets, including mortgages and mortgage loans, in such amounts and from such insurers as it deems desirable.

      Sec. 29.  The division shall not finance any residential housing unless, prior to such financing, the administrator finds that:

      1.  There exists a shortage of decent, safe and sanitary housing at rentals or prices which eligible families can afford within the general housing market area as determined by the administrator.

      2.  Private enterprise and investment have been unable, without assistance, to provide an adequate supply of decent, safe and sanitary housing in such housing market area at rentals or prices which persons or families of low and moderate income can afford or to provide sufficient mortgage financing for residential housing for occupancy by such persons or families.

      3.  The proposed residential housing will increase the supply or improve the quality of decent, safe and sanitary housing for eligible families.

      4.  The residential housing to be developed or assisted by the division pursuant to the provisions of this chapter will be of public use and will provide a public benefit.

      5.  The division’s estimates of its revenues from the financing of the residential housing, together with all subsidies, grants or other financial assistance from governmental agencies or other entities to be received in connection with the residential housing, will be sufficient to pay the amount estimated by the division as necessary for debt service on its notes and bonds to be issued for the financing of the residential housing.


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

ê1975 Statutes of Nevada, Page 631 (Chapter 424, SB 354)ê

 

amount estimated by the division as necessary for debt service on its notes and bonds to be issued for the financing of the residential housing.

      Sec. 30.  1.  Subject to the limitation imposed by subsections 4 and 5, the division may issue from time to time its negotiable notes and bonds in such principal amount as the administrator determines to be necessary to provide sufficient funds for achieving any of its statutory purposes, including the payment of interest on notes and bonds of the division, establishment of bond reserve funds and other reserves to secure such notes and bonds, and all other expenditures of the division necessary or convenient to carry out its statutory purposes and powers.

      2.  Subject to any agreements with holders of notes or bonds, all notes and bonds issued by the division are special obligations of the division payable out of any revenues, moneys or other assets of the division pledged thereto.

      3.  In issuing such notes and bonds, the division acts as an agency or instrumentality of the State of Nevada.

      4.  Before any notes or bonds may be issued pursuant to this section, the administrator shall submit a copy of his finding of the conditions prerequisite to the financing of residential housing under this chapter to the state board of finance. If that board approves, the division may proceed to issue its notes or bonds in the amount approved, subject to the further limitation of subsection 5.

      5.  The aggregate principal amount of outstanding bonds, notes and other obligations of the division shall not exceed $200,000,000 exclusive of any bonds, notes or obligations which have been refunded.

      Sec. 31.  1.  The notes and bonds shall be signed by the administrator, who may use a facsimile signature for this purpose, shall bear such date or dates and shall mature at such time or times as the administrator may determine, except that no bond may mature more than 40 years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The notes and bonds shall bear interest at such rate or rates, be in such denominations, have such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places within or without the state, and be subject to such terms of redemption as the administrator may determine. The notes and bonds of the division may be sold by the division at public or private sale at such price or prices as the administrator determines.

      2.  If the administrator whose signature appears on any notes or bonds or coupons ceases to act in that capacity before the delivery of such notes or bonds, his signature is valid and sufficient for all purposes as if he had remained in office until such delivery.

      3.  The provisions of chapter 349 of NRS do not apply to any bonds, notes or other obligations issued by the division under the provisions of this chapter.

      Sec. 32.  The division in issuing any notes or bonds may contract with the holders thereof as to:

      1.  Pledging all or any part of the revenues of the division to secure the payment of the notes or bonds subject to such agreements with noteholders or bondholders as may then exist.


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

ê1975 Statutes of Nevada, Page 632 (Chapter 424, SB 354)ê

 

      2.  Pledging all or any part of the assets of the division, including mortgages and obligations securing such assets, to secure the payment of the notes or bonds subject to such agreements with noteholders or bondholders as may then exist.

      3.  The use and disposition of the gross income from mortgages owned by the division and the payment of principal of mortgages owned by the division.

      4.  The setting aside of reserves or sinking funds and the regulation and disposition thereof.

      5.  Limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging such proceeds to secure the payment of the notes or bonds or of any issue thereof.

      6.  Limitations on the issuance of additional notes or bonds, the terms upon which additional notes or bonds may be issued and secured, and the refunding of outstanding or other notes or bonds.

      7.  The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto, and the manner in which such consent may be given.

      8.  Limitations on the amount of moneys to be expended by the division for operating expenses of the division.

      9.  Vesting in a trustee or trustees such property, rights, powers and duties in trust as the administrator may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this chapter and limiting or abrogating the right of the bondholders to appoint a trustee under this act or limiting the rights, powers and duties of such trustee.

      10.  Defining the acts or omissions which shall constitute a default in the obligations and duties of the division to the holders of the notes or bonds and providing for the rights and remedies of the holders of the notes or bonds in case of such default, including as a matter of right the appointment of a receiver, but such rights and remedies shall not be inconsistent with the general laws of this state and the other provisions of this chapter.

      11.  Any other matters, of like or different character, which in any way affect the security or protection of the holders of the notes or bonds.

Any pledge made by the division is valid and binding from the time when the pledge is made. The revenues, moneys or property so pledged and thereafter received by the division are immediately subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge is valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the division, whether or not such persons have notice thereof. Neither the proceedings of the division relating to the bonds or notes nor any other instrument by which a pledge is created need be recorded.

      Sec. 33.  In the discretion of the administrator, bonds issued by the division may be secured by a trust indenture or trust indentures by and between the division and a corporate trustee, which may be any trust company or bank having the power of a trust company within or outside this state.


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

ê1975 Statutes of Nevada, Page 633 (Chapter 424, SB 354)ê

 

this state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the division in relation to the exercise of its statutory powers and the custody, safeguarding and application of all moneys. The division may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as the administrator may determine. All expenses incurred in carrying out such trust indenture may be treated as part of the operating expenses of the division. Such trust indenture may limit or abrogate the right of the holders of any bonds, notes or other obligations of the division to appoint a trustee under this chapter or limit the rights, powers and duties of such trustee.

      Sec. 34.  The division may procure or agree to the procurement of insurance or guarantees from any governmental agency or from any private insurance company, of the payment of any bonds or notes or any other evidences of indebtedness thereof issued by the agency or by any lending institution, and may pay premiums on such insurance.

      Sec. 35.  The division, subject to such agreements with noteholders or bondholders as may then exist, may, out of any moneys available therefor, purchase its notes or bonds, which shall thereupon be canceled, at a price not exceeding:

      1.  The redemption price then applicable plus accrued interest to the next interest payment thereon if the notes or bonds are then redeemable; or

      2.  The redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date if the notes or bonds are not redeemable.

      Sec. 36.  1.  The division may issue refunding obligations to refund any obligations then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations and for any statutory purpose of the division. The issuance of such obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the division in respect to them are governed by the provisions of this chapter which relate to the issuance of original obligations insofar as appropriate.

      2.  Refunding obligations issued as provided in this section may be sold or exchanged for outstanding obligations issued under this chapter and, if they are sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of such outstanding obligations. Pending the application of the proceeds of any such refunding obligations, with any other available funds, to the purpose for which they are issued, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of America, or obligations of any agency or instrumentality of the United States or obligations of or guaranteed by the State of Nevada, which mature or which are subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.


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

ê1975 Statutes of Nevada, Page 634 (Chapter 424, SB 354)ê

 

subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.

      Sec. 37.  1.  The division may establish one or more bond reserve funds, and shall pay into each such bond reserve fund:

      (a) Any moneys appropriated by the legislature for the purpose of such fund;

      (b) Any proceeds of sale of notes or bonds to the extent provided in connection with the issuance thereof; and

      (c) Any other moneys which may be available to the division for the purpose of such fund from any other source or sources.

All moneys held in any bond reserve fund, except as otherwise expressly provided in this chapter, shall be used, as required, solely for the payment of the principal of bonds secured in whole or in part by such fund or of the sinking fund payments with respect to such bonds, the purchase or redemption of such bonds, the payment of interest on such bonds or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity.

      2.  Moneys in such a fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of the fund below the bond reserve fund requirement established for that fund, except for the purpose of paying when due, with respect to bonds secured in whole or in part by such fund, principal, interest, redemption premiums and sinking fund payments for the payment of which other moneys of the division are not available. Any income or interest earned by or incremental to any bond reserve fund resulting from the investment thereof may be transferred by the division to other funds or accounts of the division to the extent that it does not reduce the amount of that bond reserve fund below the bond reserve fund requirement for such fund.

      Sec. 38.  The division shall not at any time issue bonds, secured in whole or in part by a bond reserve fund, if upon the issuance of those bonds, the amount in that bond reserve fund will be less than the bond reserve fund requirement for that fund, unless the division at the time of issuance of such bonds deposits in that fund from the proceeds of the bonds issued, or from other sources, an amount which, together with the amount then in that fund, will not be less than the bond reserve fund requirement for that fund. The bond reserve fund requirement, as of any particular date of computation, is an amount of money, specified in the proceedings of the division authorizing the bonds with respect to which such fund is established, equal to not more than the greatest of the respective amounts, for the current or any future fiscal year of the division, of annual debt service on the bonds of the division secured in whole or in part by such fund. The annual debt service for any fiscal year is the amount of money equal to the aggregate of all interest and principal payable on such bonds during the fiscal year, calculated on the assumption that all such bonds are paid at maturity, or if any amount of such bonds is required to be redeemed on any earlier date by operation of a sinking fund, then on the assumption that such amount of bonds is redeemed on such earlier date and that such amount is considered principal payable on such bonds during the year they are to be redeemed.


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

ê1975 Statutes of Nevada, Page 635 (Chapter 424, SB 354)ê

 

redeemed on such earlier date and that such amount is considered principal payable on such bonds during the year they are to be redeemed.

      Sec. 39.  The provision of bond reserve fund requirements is designed to assure the continued operation and solvency of the division for the carrying out of its statutory purposes. The administrator shall, on or before the date of convening of any regular session of the Nevada legislature, make and deliver to the governor, the president of the senate and the speaker of the assembly his report giving the status of this fund.

      Sec. 40.  1.  If the division defaults in the payment of principal of or interest on any bonds or notes issued under this chapter after it is due, whether at maturity or upon call for redemption, and such default continues for a period of 30 days, or if the division fails or refuses to comply with the provisions of this chapter or defaults in any agreement made with the holders of an issue of its bonds or notes, the holders of 25 percent in aggregate principal amount of the bonds or notes of such issue then outstanding, by instrument or instruments filed in the office of the secretary of state and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds or notes for the purposes provided in this section.

      2.  The trustee may, and upon written request of the holders of 25 percent in principal amount of such bonds or notes then outstanding shall, in his or its own name:

      (a) Enforce the right of the bondholders or noteholders to require the division to collect interest and amortization payments on the mortgages held by it adequate to carry out any agreement as to, or pledge of, such interest and amortization payments, and to require the division to carry out any other agreements with the holders of such bonds or notes and to perform its duties under this act.

      (b) Enforce the right of the bondholders or noteholders to collect and enforce the payment of principal of and interest due or becoming due on loans to lending institutions and collect and enforce any rights in respect to collateral securing such loans or sell such collateral, so as to carry out any contract as to, or pledge of revenues, and to require the division to carry out any contract as to, or pledge of revenues, and to require the division to perform its duties under this chapter.

      (c) Bring suit upon all or any part of such bonds or notes.

      (d) By civil action, require the agency to account as if it were the trustee of an express trust for the holders of such bonds or notes.

      (e) By civil action, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such bonds or notes.

      (f) Declare all such bonds or notes due and payable, and if all defaults are made good then with the consent of the holders of 25 percent of the principal amount of such bonds or notes then outstanding, to annul such declaration and its consequences.

      (g) Enforce any other right of the bondholders or noteholders conferred by law or by the proceedings of the division authorizing the issuance of the bonds or notes.

      3.  The trustee shall, in addition to the powers listed in subsection 2, have all the powers necessary or appropriate for the exercise of any functions specifically set forth in this section or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.


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

ê1975 Statutes of Nevada, Page 636 (Chapter 424, SB 354)ê

 

functions specifically set forth in this section or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

      4.  Before declaring the principal of bonds or notes due and payable, the trustee shall give 30 days’ notice in writing to the governor, to the administrator and to the attorney general of this state.

      5.  The district court of the first judicial district has jurisdiction of any suit, action or proceeding by the trustee on behalf of bondholders or noteholders.

      Sec. 41.  1.  The State of Nevada hereby pledges to and agrees with the holders of any notes or bonds issued under this chapter that the state will not limit or alter the rights vested in the division by this chapter to fulfill the terms of any agreements made with such holders or in any way impair the rights and remedies of such holders until such notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The division may include this pledge and agreement of the state in any agreement with the holders of such notes or bonds.

      2.  Obligations issued under the provisions of this chapter do not constitute a debt, liability or obligation of this state or of any political subdivision thereof, or a pledge of the faith and credit of this state or of any political subdivision thereof, but are payable solely from the revenues or assets of the division. Each obligation issued under this chapter shall contain on the face thereof a statement to the effect that the division is not obligated to pay the obligation or the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of this state or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligation.

      Sec. 42.  1.  The notes and bonds of the division are legal investments in which all public officers and public bodies of the state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, savings and loan associations and trust companies, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons who are authorized on or after July 1, 1975, to invest in bonds or in other obligations of this state, may properly and legally invest funds, including capital, in their control or belonging to them. The notes and bonds are securities which may properly and legally be deposited with and received by all public officers and public bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of this state is authorized by law on and after July 1, 1975, and may be used as collateral to secure any deposit of public moneys.

      2.  The notes and bonds of the division are securities within the meaning of the Uniform Commercial Code—Investment Securities.

 

________

 


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

ê1975 Statutes of Nevada, Page 637ê

 

CHAPTER 425, SB 300

Senate Bill No. 300–Committee on Commerce and Labor

CHAPTER 425

AN ACT relating to the repair of motor vehicles; prohibiting unauthorized repair; requiring cost estimates; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as section 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.  “Garage” means any business establishment, sole proprietorship, firm, corporation, association or other legal entity that engages in the business of repairing motor vehicles.

      2.  “Garageman” means any person who owns, operates, controls or manages a garage.

      3.  “Motor vehicle” means:

      (a) A motorcycle as defined in NRS 482.070;

      (b) A motortruck as defined in NRS 482.073 if its gross vehicle weight does not exceed 6,000 pounds; and

      (c) A passenger car as defined in NRS 482.087.

      4.  “Person” means a natural person, corporation, firm, association or partnership.

      5.  “Person authorizing repairs” includes an insurance company, its agents or representatives, authorizing repairs to motor vehicles under a policy of insurance.

      6.  “Repair” or “repairing” includes modifying and performing maintenance work on motor vehicles, but does not include lubrication or oil change, repairing or changing tires, or replacing batteries, wiper blades, fan belts or other minor accessories.

      Sec. 3.  Whenever any garageman accepts or assumes control of a motor vehicle for the purpose of making or completing any repair, he shall comply with the provisions of sections 4 to 10, inclusive, of this act.

      Sec. 4.  1.  A person requesting or authorizing the repair of a motor vehicle is entitled, at his specific request, to be furnished an estimate or statement signed by the person making such estimate or statement on behalf of the garageman, indicating the total charge for the performance of the work necessary to accomplish the repair, including the charge for labor and all parts and accessories necessary to the performance of such work.

      2.  When the estimate is for the purpose of diagnosing a malfunction, the estimate shall include the cost of diagnosis and disassembly and the cost of reassembly if the person does not authorize the repair.

      Sec. 5.  When an estimate has been furnished pursuant to section 4 of this act, and it is determined that additional charges exceeding 20 percent of the estimate, or $40, whichever is less, are required to perform the repair authorized, the garageman shall notify the person authorizing the repairs of the amount of such additional charges.


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

ê1975 Statutes of Nevada, Page 638 (Chapter 425, SB 300)ê

 

      Sec. 6.  1.  A person authorizing repairs who has been notified of additional charges pursuant to section 5 of this act shall:

      (a) Authorize the performance of the repair at the additional expense; or

      (b) Without delay, and upon payment of the authorized charges, take possession of the motor vehicle.

      2.  Until the election provided for in subsection 1 has been made, the garageman shall not undertake any repair which would involve such additional charges.

      3.  If the person elects to take possession of the motor vehicle but fails to take possession within a 24-hour period after such election, the garageman may charge for storage of the vehicle.

      Sec. 7.  1.  The person authorizing the repairs may waive the notification required by section 5 of this act by executing the waiver described in subsections 2 to 4, inclusive.

      2.  The waiver shall be executed by the person authorizing the repairs at the time of authorization of such repairs. It shall include the following statement set forth in boldface letters not less than 1/4 inch high:

 

STATE LAW REQUIRES THAT WHEN A GARAGEMAN HAS GIVEN A PERSON AUTHORIZING REPAIRS A WRITTEN ESTIMATE SETTING FORTH THE TOTAL COST FOR LABOR AND PARTS AND ACCESSORIES TO ACCOMPLISH REPAIRS ON A MOTOR VEHICLE, NO CHARGE CAN BE MADE EXCEEDING THE ESTIMATED AMOUNT BY 20 PERCENT OR $40, WHICHEVER IS LESS, WITHOUT THE CONSENT OF SUCH PERSON. THE PERSON AUTHORIZING THE REPAIRS MAY, HOWEVER, WAIVE HIS RIGHT TO SUBSEQUENT APPROVAL OF INCREASED CHARGES, SHOULD THEY BE FOUND TO BE NECESSARY, BY EXECUTING THIS WAIVER.

 

      3.  This shall be followed by the certification set forth below, and the signature of the person authorizing the repairs:

 

The undersigned hereby certifies that he has read the preceding statement and knowingly and intentionally waives the right to approve any increased charges, should they be found necessary to complete the required repairs on this motor vehicle.

 

      4.  The form containing the waiver shall contain:

      (a) The date.

      (b) The vehicle make, body type and registration plate number.

      (c) The work order number assigned by the garageman to the work to be performed on the vehicle.

      (d) The name, address and telephone number (if any) of the person authorizing the repairs.

      Sec. 8.  1.  Whenever the repair work performed on a motor vehicle requires the replacement of any parts or accessories, the garageman shall, at the request of the person authorizing the repairs or any person entitled to possession of the motor vehicle, deliver to such person all parts and accessories replaced as a result of the work done.


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

ê1975 Statutes of Nevada, Page 639 (Chapter 425, SB 300)ê

 

      2.  The provisions of subsection 1 do not apply to parts or accessories which must be returned to a manufacturer or distributor under a warranty arrangement or which are subject to exchange, but the customer on request is entitled to be shown such warranty parts for which a charge is made.

      Sec. 9.  The garageman shall retain copies of any estimate, statement or waiver required by sections 4 to 8, inclusive, of this act, as an ordinary business record of the garage, for a period of not less than 1 year from the date such estimate, statement or waiver is signed.

      Sec. 10.  In every instance where charges are made for the repair of a motor vehicle, the garageman making the repairs shall comply with the provisions of NRS 487.035 as well as the provisions of sections 4 to 8, inclusive, of this act. He is not entitled to detain a motor vehicle by virtue of any common law or statutory lien, or otherwise enforce such lien, nor shall he have the right to sue on any contract for repairs made by him, unless he has complied with the requirements of sections 4 to 8, inclusive, of this act in addition to those of NRS 487.035.

      Sec. 11.  The attorney general or any district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada on the complaint of the commissioner of consumer affairs or of any person allegedly aggrieved by such violation to enjoin any violation of the provisions of sections 4 to 10, inclusive, of this act.

      Sec. 12.  Any person who knowingly violates any provision of sections 1 to 10, inclusive, of this act is liable, in addition to any other penalty or remedy which may be provided by law, to a civil penalty of $250 for each offense, which may be recovered by civil action in a court of competent jurisdiction on complaint of the commissioner of consumer affairs.

      Sec. 13.  1.  Every garageman shall display conspicuously in those areas of his place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:

 

STATE LAW REQUIRES THAT UPON REQUEST BY ANY PERSON AUTHORIZING REPAIRS TO A MOTOR VEHICLE, SUCH PERSON SHALL BE GIVEN A WRITTEN ESTIMATE OF TOTAL CHARGES FOR LABOR AND PARTS AND ACCESSORIES, AND THAT NO CHARGE MAY BE MADE EXCEEDING THE ESTIMATED AMOUNT BY 20 PERCENT OR $40, WHICHEVER IS LESS, WITHOUT THE CONSENT OF THE PERSON AUTHORIZING THE REPAIRS.

 

      2.  Any person who violates the provisions of this section is guilty of a misdemeanor.

 

________

 


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

ê1975 Statutes of Nevada, Page 640ê

 

CHAPTER 426, SB 265

Senate Bill No. 265–Senator Lamb

CHAPTER 426

AN ACT relating to the state personnel system; revising the years of service required and the amount of payments under the longevity incentive plan; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 284.177 is hereby amended to read as follows:

      284.177  1.  A longevity incentive plan administered by the personnel division is hereby established for employees with [10] 8 years or more of continuous state service. Employees rated standard or better with [10] 8 years of continuous service shall receive [$125] $75 semiannually with a semiannual increase of $25 for each additional year of service up to a maximum semiannual amount of [$250] $300 for [15] 17 years or more of continuous state service.

      2.  As used in subsection 1, “continuous” means uninterrupted service as defined by the commission.

      Sec. 2.  This act shall become effective on June 30, 1975.

 

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CHAPTER 427, SB 282

Senate Bill No. 282–Committee on Government Affairs

CHAPTER 427

AN ACT relating to county, city and district finances; repealing a provision which requires the county auditor to submit an annual financial report to the board of county commissioners and the Nevada tax commission; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 354.310 is hereby amended to read as follows:

      354.310  NRS 354.270 to [354.300,] 354.290, inclusive, shall be considered mandatory, and any county treasurer or county auditor failing to comply with the provisions thereof [shall be] is guilty of malfeasance, misfeasance or nonfeasance in office.

      Sec. 2.  NRS 354.300 is hereby repealed.

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

 

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ê1975 Statutes of Nevada, Page 641ê

 

CHAPTER 428, SB 288

Senate Bill No. 288–Senator Walker (by request)

CHAPTER 428

AN ACT relating to public hospitals; requiring that certain hospital privileges be extended to practitioners of specified allied health professions; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  Chapter 450 of NRS is hereby amended by adding thereto a new section which shall read as follows:

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

      1.  “Allied health profession” means the profession of practicing:

      (a) Dentistry as defined in chapter 631 of NRS;

      (b) Psychology as defined in chapter 641 of NRS;

      (c) Podiatry as defined in chapter 635 of NRS; or

      (d) Traditional Oriental medicine as defined in chapter 634A of NRS.

      2.  “Physician” means one who engages in the practice of medicine as defined in chapter 630 of NRS or osteopathy as defined in chapter 633 of NRS.

      Sec. 2.  NRS 450.430 is hereby amended to read as follows:

      450.430  1.  In the management of the public hospital, no discrimination shall be made against [practitioners of any regular school of medicine and surgery recognized by] physicians licensed under the laws of Nevada [,] or duly licensed practitioners of the allied health professions, and all such [regular] physicians and practitioners shall have [equal] privileges in treating patients in the hospital in accordance with their training and ability [.] , except that practitioners of the allied health professions shall not be members of the staff of physicians described in NRS 450.440. Practitioners of the allied health professions shall be subject to the bylaws, rules and regulations established by the board of hospital trustees pursuant to NRS 450.160.

      2.  The patient shall have the right to employ, at his own expense, his own physician, if such physician is a member of the hospital staff, or nurse, and when acting for any patient in such hospital the physician employed by such patient shall have [the exclusive] charge of the care and treatment of such patient; and nurses therein shall as to such patient be subject to the directions of such physician, subject always to such general rules and regulations as shall be established by the board of hospital trustees under the provisions of NRS 450.010 to 450.510, inclusive.

 

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ê1975 Statutes of Nevada, Page 642ê

 

CHAPTER 429, SB 333

Senate Bill No. 333–Senator Walker (by request)

CHAPTER 429

AN ACT relating to chiropractic practices; increasing the fees for licenses; distinguishing between active and inactive practitioners; providing for filing of licenses; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 634.120 is hereby amended to read as follows:

      634.120  1.  All licenses shall be signed by the president and the secretary and shall be attested by the official seal of the board. A fee [of $10] not to exceed $35 shall be collected before a license is delivered.

      2.  Before practicing, a licensee shall file his license with the county recorder of the county [in which he resides.] in which he intends to practice.

      3.  A license to practice chiropractic shall authorize the holder thereof to use the term “chiropractic physician.”

      Sec. 2.  NRS 634.130 is hereby amended to read as follows:

      634.130  1.  Every person holding a valid license and actively practicing chiropractic, whether on a full-time or part-time basis, in the State of Nevada shall renew such license each year by paying a renewal fee [of not less than $15 or more than $25.] not to exceed $100. Every person who holds a valid license in the State of Nevada but does not actively practice chiropractic shall renew such license by paying a renewal fee not to exceed $50.

      2.  A licensee in active or part-time practice within this state must submit satisfactory proof to the board that he has attended at least one 2-day educational seminar approved or endorsed by the board, with the exception of a licensee who has reached the age of 70 years. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician and surgeon or doctor of medicine certifying that the licensee is suffering from serious or disabling illness or physical disability which prevented him from attending the required educational seminar during the 12 months immediately preceding the annual licensing renewal date.

 

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ê1975 Statutes of Nevada, Page 643ê

 

CHAPTER 430, SB 119

Senate Bill No. 119–Committee on Transportation

CHAPTER 430

AN ACT relating to the Nevada Boat Act; increasing fees charged for certificates; changing time allowed for notification of ownership change; requiring fire extinguishers on racing boats; requiring observer when vessel is towing water skier on any waters; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 488.075 is hereby amended to read as follows:

      488.075  1.  The owner of each motorboat requiring numbering by this state shall file an application for number and for a certificate of ownership with the department on forms approved by it accompanied by proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Nevada tax commission, or by proof of exemption from such taxes as provided in NRS 372.320, and by such evidence of ownership as the department may require. The department shall not issue a number, a certificate of number or a certificate of ownership until such evidence is presented to it.

      2.  The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of [$3] $5 for the certificate of number and a fee of [$3] $5 for the certificate of ownership. All fees received by the department under the provisions of this chapter shall be deposited in the fish and game fund and shall be expended only for the administration and enforcement of the provisions of this chapter. Upon receipt of the application in approved form, the department shall:

      (a) Enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.

      (b) Immediately given written notice to the county assessor of the county wherein such motorboat is situated, which notice shall contain the name and address of the owner and identifying information concerning such motorboat.

      3.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by rules and regulations of the department in order that it may be clearly visible. The number shall be maintained in legible condition. If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the regulations of the department as to size, color and type of number shall be in conformity therewith.

      4.  The certificate of number shall be pocket size and shall be available at all times for inspection on the motorboat for which issued, whenever such motorboat is in operation.

      5.  The department shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by such manufacturers and dealers in connection with the demonstration, sale or exchange of such motorboats.


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ê1975 Statutes of Nevada, Page 644 (Chapter 430, SB 119)ê

 

connection with the demonstration, sale or exchange of such motorboats. The fee for each such number shall be [$3.] $5.

      Sec. 2.  NRS 488.145 is hereby amended to read as follows:

      488.145  1.  The owner shall furnish the department notice of the destruction or abandonment of any motorboat numbered under this chapter, within [15] 10 days thereof.

      2.  Such destruction or abandonment shall terminate the certificate of number for such motorboat.

      Sec. 3.  NRS 488.155 is hereby amended to read as follows:

      488.155  1.  Any holder of a certificate of number and a certificate of ownership shall notify the department within [15] 10 days, if his address no longer conforms to the address appearing on such certificates and shall, as a part of such notification, furnish the department with his new address. The department shall give written notice of such new address to the appropriate county assessor.

      2.  The commission may provide in its rules and regulations for the surrender of such certificates bearing the former address and its replacement with new certificates bearing the new address or for the alteration of outstanding certificates to show the new address of the holder.

      Sec. 4.  NRS 488.1795 is hereby amended to read as follows:

      488.1795  Upon receipt of a properly endorsed certificate of ownership and the certificate of number of any motorboat, the transferee shall within 10 days file such certificates accompanied by a fee of [$3] $5 with the department and thereby make application for a new certificate of ownership and a new certificate of number.

      Sec. 5.  NRS 488.1797 is hereby amended to read as follows:

      488.1797  1.  Prior to the issuance of any certificate of ownership, the department shall obtain a statement in writing signed by the transferee or transferor, showing:

      (a) The date of the sale or other transfer of ownership of the motorboat.

      (b) The name and address of the seller or transferor.

      (c) The name and address of the buyer or transferee.

      [(d) The total value of consideration given for the sale or other transfer of such motorboat, including any motor or other component part of such motorboat included in the sale or other transfer.]

      2.  Upon receipt of the properly endorsed certificate of ownership, the certificate of number and the required fee and statement of information, the department shall issue a new certificate of ownership and a new certificate of number to the transferee. The previous number may be reassigned to the transferee.

      3.  The department shall give notice of such transfer to the appropriate county assessor.

      Sec. 6.  NRS 488.180 is hereby amended to read as follows:

      488.180  Any owner of any motorboat numbered under this chapter who sells or transfers his title or any interest in such motorboat shall within [5] 10 days notify the department of the sale or transfer and shall furnish the following information:

      1.  The name and address of the legal owner and transferee; and


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ê1975 Statutes of Nevada, Page 645 (Chapter 430, SB 119)ê

 

      2.  Such description of the motorboat as may be required by the department.

      Sec. 7.  NRS 488.185 is hereby amended to read as follows:

      488.185  1.  Motorboats subject to the provisions of this chapter shall be divided into four classes as follows:

 

Class A.  Less than 16 feet in length.

Class 1.  Sixteen feet or over and less than 26 feet in length.

Class 2.  Twenty-six feet or over and less than 40 feet in length.

Class 3.  Forty feet or over.

 

      2.  Except as otherwise provided in subsection 14, every motorboat in all weathers from sunset to sunrise shall carry and exhibit the following lights when underway, and during such time no other lights which may be mistaken for those prescribed shall be exhibited:

      (a) Every motorboat of classes A and 1 shall carry the following lights:

             (1) A bright white light aft to show all around the horizon.

             (2) A combined lantern in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam on their respective sides.

      (b) Every motorboat of classes 2 and 3 shall carry the following lights:

             (1) A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel; namely, from right ahead to 2 points abaft the beam on either side.

             (2) A bright while light aft to show all around the horizon and higher than the white light forward.

             (3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side. The side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.

      (c) Motorboats of classes A and 1 when propelled by sail alone shall carry the combined lantern, but not the white light aft, prescribed by this section. Motorboats of classes 2 and 3, when so propelled, shall carry the colored side lights, suitably screened, but not the white lights prescribed by this section. Motorboats of all classes, when so propelled, shall carry, ready at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.

      (d) Every white light prescribed by this section shall be of such character as to be visible at a distance of at least 2 miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least 1 mile. The word “visible” in this subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere.


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ê1975 Statutes of Nevada, Page 646 (Chapter 430, SB 119)ê

 

when applied to lights, shall mean visible on a dark night with clear atmosphere.

      (e) When propelled by sail and machinery any motorboat shall carry the lights required by this section for a motorboat propelled by machinery only.

      3.  Any vessel may carry and exhibit the lights required by the Federal Regulations for Preventing Collisions at Sea, 1948, Federal Act of October 11, 1951 (33 U.S.C. §§ 143-147d), as amended, in lieu of the lights required by subsection 2 of this section.

      4.  Every motorboat of class 1, 2 or 3 shall be provided with an efficient whistle or other sound-producing mechanical appliance.

      5.  Every motorboat of class 2 or 3 shall be provided with an efficient bell.

      6.  Every motorboat shall carry at least one life preserver, or lifebelt, or ring buoy, or other device of the sort prescribed by the regulations of the commission for each person on board, so placed as to be readily accessible. But every motorboat carrying passengers for hire shall carry so placed as to be readily accessible at least one life preserver of the sort prescribed by the regulations of the commission for each person on board.

      7.  Every motorboat shall be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the commission, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.

      8.  The provisions of subsections 4 [,] and 5 [and 7] of this section shall not apply to motorboats while competing in any race conducted pursuant to NRS 488.305 or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

      9.  Every motorboat shall have the carburetor or carburetors of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the commission.

      10.  Every such motorboat and every such vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of the commission for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.

      11.  The commission may make rules and regulations modifying the equipment requirements contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the navigation rules promulgated by the United States Coast Guard.

      12.  The commission may establish and maintain for the operation of vessels on the waters of this state pilot rules in conformity with the pilot rules contained in the Federal Navigation Laws or the navigation rules promulgated by the United States Coast Guard.


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ê1975 Statutes of Nevada, Page 647 (Chapter 430, SB 119)ê

 

      13.  No person may operate or give permission for the operation of a vessel which is not equipped as required by this section.

      14.  Notwithstanding the provisions of subsection 2, no motorboat of class A need exhibit the lights required by this section during a period of 1 hour after sunset and during a period of 1 hour before sunrise, except when operated on navigable waters of the United States.

      Sec. 8.  NRS 488.235 is hereby amended to read as follows:

      488.235  1.  No person may operate a vessel on any [congested] waters of this state for towing a person or persons on water skis or a surfboard or similar device unless there is in such vessel a person, in addition to the operator, in a position to observe the progress of the person or persons being towed. [If such waters are not congested, such vessel shall be equipped with a suitable rearview mirror by which the operator of such boat may observe the person being towed. The commission shall determine and arrange to give notice to the public what waters are congested under the provisions of this section.]

      2.  No person may operate a vessel on any waters of this state towing a person or persons on water skis, a surfboard or similar device, nor may any person engage in water skiing, surfboarding or similar activity at any time between the hours from 1 hour after sunset to 1 hour before sunrise.

      3.  The provisions of subsections 1 and 2 of this section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under NRS 488.305.

      Sec. 9.  This act shall become effective on January 1, 1976.

 

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CHAPTER 431, AB 585

Assembly Bill No. 585–Committee on Judiciary

CHAPTER 431

AN ACT relating to expert witnesses; permitting expert witnesses to submit affidavits identifying controlled substances alleged to have been in possession of any person; providing for the admissibility in municipal courts and the reception by grand juries of certain affidavits from expert witnesses; and providing other matters properly relating thereto.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 50.315 is hereby amended to read as follows:

      50.315  Whenever any person has qualified in the district court of any county as an expert witness for the purpose of testifying regarding the presence in the blood or urine of a person of alcohol or a controlled substance the use or possession of which is regulated by chapter 453 of NRS, or the identity of a controlled substance alleged to have been in the possession of a person, the affidavit of such person is admissible in evidence in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justice’s or municipal court in any county in the district for the purpose of proving the person from whom the affiant received the blood or urine or purported controlled substance for analysis and the presence or absence of alcohol or controlled substance, as the case may be.


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ê1975 Statutes of Nevada, Page 648 (Chapter 431, AB 585)ê

 

in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justice’s or municipal court in any county in the district for the purpose of proving the person from whom the affiant received the blood or urine or purported controlled substance for analysis and the presence or absence of alcohol or controlled substance, as the case may be.

      Sec. 2.  NRS 50.325 is hereby amended to read as follows:

      50.325  1.  Whenever a person is charged with an offense punishable under chapters 453 or 484 of NRS and it is necessary to prove the existence of any alcohol or the existence or identity of a controlled substance as defined in chapter 453 of NRS, the district attorney or city attorney may request that the affidavit of a person qualified as provided in NRS 50.315 be admitted in evidence at the trial of or preliminary examination into the offense.

      2.  Such request shall be made at least 10 days prior to the date set for such trial examination and shall be sent to the defendant’s counsel and to the defendant, by registered or certified mail [.] by the prosecuting attorney.

      3.  If such defendant, or his counsel, notifies the district attorney [within 72 hours after receipt of such request] or city attorney by registered or certified mail at least 96 hours prior to the date set for such trial examination that the presence of such person is demanded, the affidavit shall not be admitted.

      4.  If at the trial or preliminary examination the affidavit of an expert has been admitted in evidence, and it appears to be in the interest of justice that such expert be examined or cross-examined in person, the district court judge or justice of the peace may adjourn the trial or preliminary examination for a period of not to exceed 3 judicial days for the purpose of receiving such testimony. The time within which a preliminary examination or trial is required is extended by the time of such adjournment.

      Sec. 3.  NRS 50.335 is hereby amended to read as follows:

      50.335  The affidavit referred to in NRS 50.315 and 50.325 shall be substantially in one of the following forms:

      1.  If the sample contained a controlled substance as defined in chapter 453 of NRS:

 

State of Nevada

 

County of...........................................

}ss.

 

 

      ................................, being first duly sworn, deposes and says: That I am .................................... (occupation); that on ............................. (date) I qualified before a district judge of the district court of this district as a witness qualified to detect the presence and identity in the blood or urine of a person of a controlled substance the use or possession of which is regulated by chapter 453 of NRS [;] , or the identity of a controlled substance alleged to have been in the possession of a person; that on .......... (date) I [received a substance or ....................... (blood or urine sample) from .............. (name;)] obtained certain evidence from ............... bearing Identification No. .............. and consisting of ....................... for the purpose of performing a chemical analysis upon the contents thereof; that on .....................(


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ê1975 Statutes of Nevada, Page 649 (Chapter 431, AB 585)ê

 

the purpose of performing a chemical analysis upon the contents thereof; that on .....................(date) I analyzed such substance or sample and determined it to be or contain ........................ (substance); and that on .........................(date) I [returned such substance or sample to ................... (name) or that I still have such substance or sample in my possession.] replaced the contents in the above-mentioned evidence container, sealed that evidence container with an evidence seal(s) bearing my initials ........ and returned such evidence to ..............................; that such evidence was in my sole care and custody from the time it was obtained by me until it was returned to ................................... and was in substantially the same condition as when it was first obtained by me.

                                                                                ...................................................

                                                                                                 Affiant

                                                                                ...................................................

                                                                                                    Title

Subscribed and sworn to before me

this ................ day of ..........................., 19 ........

.......................................................

                Notary Public

 

      2.  If the sample contained alcohol:

 

State of Nevada

 

County of .............................................

}ss.

 

 

      ......................................................., being first duly sworn, deposes and says: That I am ............................................ (occupation); that on ........................................... (date) I qualified before a district judge of the district court of this district as a witness qualified to detect the presence of alcohol in the blood or urine of a person; that on ................................ ............................................ (date) I received a blood or urine sample from ............................................................... (name); that on ............................ .............................................(date) I analyzed such sample and determined that the blood or urine of the person from whom the sample was taken contained .....................(percent) by weight of alcohol; that on .................. .........................(date) I returned such sample to ...................................... (name) or that I still have such sample in my possession.

                                                                                                .......................................................

                                                                                                                     Affiant

                                                                                                .......................................................

                                                                                                                        Title

Subscribed and sworn to before me

this ................ day of ..........................., 19 ........

.......................................................

                Notary Public

 

      Sec. 4.  NRS 172.135 is hereby amended to read as follows:

      172.135  1.  In the investigation of a charge, for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them, or furnished by legal documentary evidence, or the deposition of witnesses taken as provided in this Title [.]


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ê1975 Statutes of Nevada, Page 650 (Chapter 431, AB 585)ê

 

taken as provided in this Title [.] , except that the grand jury may receive an affidavit in the form prescribed in NRS 50.335 from an expert witness qualified pursuant to NRS 50.315 in lieu of his personal testimony or deposition.

      2.  The grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence.

 

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CHAPTER 432, AB 428

Assembly Bill No. 428–Committee on Labor and Management

CHAPTER 432

AN ACT relating to workmen’s compensation; revising the definition of average monthly wage and extending use of other definitions.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 616.027 is hereby amended to read as follows:

      616.027  “Average monthly wage” means the lesser of:

      1.  The monthly wage actually received or deemed to have been received by the employee on the date of the accident or injury to the employee [; or] excluding remuneration from:

      (a) Employment not subject to the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act;

      (b) Employment specified in NRS 616.255 or 617.180; and

      (c) Employment for which coverage is elective, but has not been elected; or

      2.  [The] One hundred fifty percent of the state average weekly wage as most recently computed by the employment security department during the fiscal year preceding the date of the injury or accident, multiplied by 4.33.

      Sec. 2.  NRS 617.020 is hereby amended to read as follows:

      617.020  1.  Unless a different meaning is clearly indicated by the context, the definitions hereinafter set forth and the definitions set forth in chapter 616 of NRS for additional terms and phrases shall govern the construction and meaning of the terms and phrases used in this chapter.

      2.  Unless the context otherwise requires, a word used in this chapter in the singular number shall also include the plural. The masculine gender shall also include the feminine and neuter.

 

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ê1975 Statutes of Nevada, Page 651ê

 

CHAPTER 433, AB 536

Assembly Bill No. 536–Committee on Commerce

CHAPTER 433

AN ACT relating to execution sales of real property; requiring additional notice to the judgment debtor.

 

[Approved May 13, 1975]

 

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

 

      Section 1.  NRS 21.130 is hereby amended to read as follows:

      21.130  Before the sale of property on execution, notice thereof shall be given as follows:

      1.  Perishable property.  In cases of perishable property, by posting written notice of the time and place of sale in 3 public places at the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property.

      2.  Other personal property.  In case of other personal property, by posting a similar notice in 3 public places of the township or city where the sale is to take place, not less than 5 nor more than 10 days before sale, and, in case of sale on execution issuing out of a district court, by the publication of a copy of the notice in a newspaper, if there be one in the county, at least twice, the first publication being not less than 10 days before date of sale.

      3.  Real property.  In case of real property, by personal service upon each judgment debtor or by registered mail to the last-known address of each judgment debtor and by posting a similar notice particularly describing the property, for 20 days successively, in 3 public places of the township or city where the property is situated and also where the property is to be sold; and also by publishing a copy of the notice three times, once a week, for 3 successive weeks, in a newspaper, if there be one in the county. The cost of publication shall in no case exceed the rate for legal advertising as provided in NRS 238.070. In any case where the paper authorized by this section to publish such notice of sale [shall neglect or refuse] neglects or refuses from any cause to make such publication, then the posting of notices as provided in this section shall be deemed sufficient notice. Notices of the sale of property on execution upon a judgment for any sum less than $500, exclusive of costs, shall be given only by posting in 3 public places in the county, 1 of which shall be posted at the courthouse.

 

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ê1975 Statutes of Nevada, Page 652ê

 

CHAPTER 434, AB 19

Assembly Bill No. 19–Assemblymen Lowman, Hickey, Mann and Craddock

CHAPTER 434

AN ACT to increase the monetary limit on the civil liability of parents and guardians for the willful misconduct of minors and to extend such liability to any injury of public property.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  NRS 41.470 is hereby amended to read as follows:

      41.470  1.  Any act of willful misconduct of a minor [under the age of 18 years] which results in any injury or death to another person or injury to [the property of another] the private property of another or to public property shall be imputed to the parents or guardian having custody and control of the minor for all purposes of civil damages, and such parents or guardian having custody or control shall be jointly and severally liable with [such] the minor for all damages resulting from such willful misconduct.

      2.  The joint and several liability of one or both parents or guardian having custody or control of a minor under this section shall not exceed [$2,000] $3,000 for any such act of willful misconduct of the minor.

      3.  The liability imposed by this section is in addition to any liability now imposed by law.

 

________

 

 

CHAPTER 435, AB 193

Assembly Bill No. 193–Committee on Judiciary

CHAPTER 435

AN ACT relating to parolees; permitting the court of original jurisdiction to reduce a parolee’s term of imprisonment within certain limits upon recommendation of the state board of parole commissioners; and providing other matters properly relating thereto.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  NRS 176.033 is hereby amended to read as follows:

      176.033  1.  Where a sentence of imprisonment is required or permitted by statute, the court shall sentence the defendant to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits provided by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant.

      2.  When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the state board of parole commissioners from the time he is released on parole under the provisions of chapter 213 of NRS until the expiration of the term of imprisonment imposed by the court irrespective of any good time or other credits against such term.


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ê1975 Statutes of Nevada, Page 653 (Chapter 435, AB 193)ê

 

      3.  At any time after a parolee has served one-half of the period of his parole, the state board of parole commissioners, upon the recommendation of the department of parole and probation, may petition the court of original jurisdiction requesting a modification of sentence. The board shall give notice of the petition and hearing thereon to the attorney general or district attorney who had jurisdiction in the original proceedings. Upon hearing the recommendation of the state board of parole commissioners and good cause appearing, the court may modify the parolee’s original sentence by reducing the term of imprisonment, but in no event shall the term be made less than any minimum term prescribed by the applicable penal statute.

 

________

 

 

CHAPTER 436, AB 234

Assembly Bill No. 234–Assemblyman Dreyer

CHAPTER 436

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 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,” approved April 24, 1973.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  Section 53 of the above-entitled act, being chapter 530, Statutes of Nevada 1973, at page 836, is hereby amended to read as follows:

      Section 53.  NRS 485.200 is hereby amended to read as follows:

      485.200  The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, shall not apply:

      1.  To such operator or owner if such owner had in effect at the time of such accident an automobile liability policy and security as required by section 20 of this act with respect to the motor vehicle involved in such accident;

      2.  To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident an automobile liability policy or bond and security as required by section 20 of this act with respect to his operation of motor vehicles not owned by him;

      3.  To such operator or owner if the liability of such operator or owner for damages resulting from such accident is, in the judgment of the division, covered by any other form of liability insurance policy or bond;

      4.  To any person qualifying as a self-insurer under NRS 485.380, or to any person operating a motor vehicle for such self-insured;

 


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ê1975 Statutes of Nevada, Page 654 (Chapter 436, AB 234)ê

 

      5.  To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such operator or owner;

      6.  To the operator or the owner of a motor vehicle legally parked at the time of the accident;

      7.  To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating such motor vehicle without such permission; or

      8.  If, prior to the date that the division would otherwise suspend the license and registration or nonresident’s operating privilege under NRS 485.190, there shall be filed with the division evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or has received a determination in his favor at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.

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

 

________

 

 

CHAPTER 437, AB 496

Assembly Bill No. 496–Committee on Judiciary

CHAPTER 437

AN ACT relating to the attorney general; specifying that the attorney general may commence or defend suit in any court; permitting attorney general to file an information in certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  NRS 228.170 is hereby amended to read as follows:

      228.170  [1.]  Whenever the governor shall direct, or, in the opinion of the attorney general, to protect and secure the interest of the state it is necessary that a suit be commenced or defended in any [court,] federal or state court, the attorney general shall commence such action or make such defense.

      2.  [Such actions may be instituted in any district court in the state, or in any justice’s court of the proper county.] The attorney general may file an information in district court in Carson City against a person for an offense allegedly committed by such person while he was confined in a facility of the Nevada state prison.

      Sec. 2.  NRS 173.035 is hereby amended to read as follows:

      173.035  1.  An information may be filed against any person for any offense when the person:

      (a) Has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction; or

 


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

ê1975 Statutes of Nevada, Page 655 (Chapter 437, AB 496)ê

 

      (b) Has waived his right to a preliminary examination.

      2.  If, however, upon the preliminary examination the accused has been discharged, or the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, the district attorney or the attorney general acting pursuant to NRS 228.170 may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process shall forthwith issue thereon. The affidavit mentioned herein need not be filed in cases where the defendant has waived a preliminary examination, or upon such preliminary examination has been bound over to appear at the court having jurisdiction.

      3.  The information shall be filed within 15 days after the holding or waiver of the preliminary examination. All informations shall set forth the crime committed according to the facts.

      Sec. 3.  NRS 173.045 is hereby amended to read as follows:

      173.045  1.  All information shall be filed in the court having jurisdiction of the offenses specified therein, by the district attorney of the proper county or by the attorney general acting pursuant to NRS 228.170 as informant, and his name shall be subscribed thereto by himself or by his deputy.

      2.  [He] The district attorney or the attorney general shall endorse thereon the names of such witnesses as are known to him at the time of filing the same, and shall also endorse upon such information the names of such other witnesses as may become known to him before the trial at such time as the court may, by rule or otherwise, prescribe; but this shall not preclude the calling of witnesses whose names, or the materiality of whose testimony, are first learned by the district attorney or the attorney general upon the trial. He shall include with each name the address of the witness if known to him. He shall not endorse the name of any witness whom he does not reasonably expect to call.

      3.  In all cases in which the defendant has not had or waived a preliminary examination there shall be filed with the information the affidavit of some credible person verifying the information upon the personal knowledge of affiant that the offense was committed.

      Sec. 4.  NRS 173.055 is hereby amended to read as follows:

      173.055  1.  The district attorney of the proper county or the attorney general acting pursuant to NRS 228.170 shall inquire into all cases of preliminary examinations as provided by law, concerning the commission of any offense, whether the offenders shall be committed to jail, or be recognized or held to bail.

      2.  If the district attorney [shall determine] or the attorney general determines in any such case that an information ought not to be filed, he shall file with the clerk of the court having jurisdiction of the supposed offense a written statement containing his reasons, in fact and in law, for not filing any information in the case. The statement shall be filed within 15 days after the holding of the preliminary examination.

      Sec. 5.  NRS 173.075 is hereby amended to read as follows:

 


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ê1975 Statutes of Nevada, Page 656 (Chapter 437, AB 496)ê

 

      173.075  1.  The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. It shall be signed by the district attorney [.] or by the attorney general acting pursuant to NRS 228.170. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to such statement.

      2.  Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown or that he committed it by one or more specified means.

      3.  The indictment or information shall state for each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated. Error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice.

      Sec. 6.  NRS 173.145 is hereby amended to read as follows:

      173.145  1.  Upon the request of the district attorney or the attorney general acting pursuant to NRS 228.170 the court shall issue a warrant for each defendant named in the indictment or information.

      2.  The clerk shall issue a summons instead of a warrant upon the request of the district attorney, the attorney general or by direction of the court.

      3.  Upon like request or direction the clerk shall issue more than one warrant or summons for the same defendant.

      4.  The clerk shall deliver the warrant or summons to the peace officer or other person authorized by law to execute or serve it.

      5.  If a defendant fails to appear in response to the summons, a warrant shall issue.

      Sec. 7.  NRS 173.205 is hereby amended to read as follows:

      173.205  1.  The peace officer executing a warrant shall make return thereof to the court. At the request of the district attorney or the attorney general acting pursuant to NRS 228.170 any unexecuted warrant shall be returned and canceled.

      2.  On or before the return day the person to whom a summons was delivered for service shall make return thereof.

      3.  At the request of the district attorney or the attorney general acting pursuant to NRS 228.170, made at any time while the indictment or information is pending, a warrant returned unexecuted and not canceled or a summons returned unserved or a duplicate thereof may be delivered by the clerk to a peace officer or other authorized person for execution or service.

      Sec. 8.  This act shall become effective upon passage and approval.

 

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ê1975 Statutes of Nevada, Page 657ê

 

CHAPTER 438, SB 568

Senate Bill No. 568–Committee on Finance

CHAPTER 438

AN ACT making an appropriation to the department of administration for the purpose of purchasing equipment and supplies for employees working for state agencies and funded by various federal public employment acts; and providing other matters properly relating thereto.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury to the department of administration the sum of $50,000 for the purpose of purchasing equipment and supplies for employees working for state agencies and funded by various federal public employment acts.

      Sec. 2.  After June 30, 1977, the unexpended balance of the funds appropriated by section 1 of this act shall not be committed for expenditure and shall revert to the state general fund.

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

 

________

 

 

CHAPTER 439, SB 463

Senate Bill No. 463–Committee on Environment and Public Resources

CHAPTER 439

AN ACT relating to wildlife management and propagation; providing certain exception to the fish hatchery invoice requirement.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  NRS 504.170 is hereby amended to read as follows:

      504.170  Unless otherwise specified by commission regulation:

      1.  When the proprietor of any licensed fish hatchery sells or disposes of any fish as provided in this chapter, he shall, at the same time, attach thereto, or deliver to the purchaser or donee, an invoice signed by the proprietor or his agent, stating:

      (a) The number of his license.

      (b) The name of the hatchery.

      (c) The date of disposition.

      (d) The kind, and, as near as practicable, the weight and number of such fish.

      (e) The name and address of the purchaser, consignee or donee.

      2.  The invoice does not authorize the transportation of live fish.

      3.  The proprietor or his agent shall at the same time mail, postpaid, or otherwise deliver a duplicate of the invoice to the department at its principal place of business.

 

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ê1975 Statutes of Nevada, Page 658ê

 

CHAPTER 440, SB 462

Senate Bill No. 462–Committee on Environment and Public Resources

CHAPTER 440

AN ACT relating to hunting and fishing licenses, tags and permits; providing for a permanent licensing system; authorizing additional regulations; and providing other matters properly relating thereto.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  NRS 502.030 is hereby amended to read as follows:

      502.030  1.  Licenses granting the privilege to hunt, fish or trap [during the open season] as provided in this Title shall be of such form as is deemed necessary by the department, but must include the following information:

      (a) The holder’s name, address and description.

      (b) The date issued.

      (c) The expiration date thereof.

      (d) The correct designation as to whether a fishing, hunting or trapping license.

      (e) A statement to be signed by the holder: “I, the signator holder [of] in signing this license, hereby state that I am entitled to this license under the laws of the State of Nevada and that no false statement has been made by me to obtain this license [and that I further agree to exhibit this license, upon demand, to any officer authorized to enforce the fish and game laws of this state and to abide by the laws made and provided for the protection of fish and game within the State of Nevada.”]

      2.  The commission may provide rules and regulations requiring an applicant to exhibit proof of his identity and residence. Such information shall be included on the license as is deemed necessary by the department.

      3.  The commission may provide rules and regulations establishing a permanent licensing system. Such system may authorize the use of applications for the issuance of temporary hunting, fishing and trapping licenses for residents and the issuance of annual licenses therefrom. The system may provide for the automatic renewal and validation of the annual license.

      4.  The commission may provide regulations covering the method of applying for, the term and expiration date of any license required by this Title to be issued without the payment of a fee.

 

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ê1975 Statutes of Nevada, Page 659ê

 

CHAPTER 441, SB 493

Senate Bill No. 493–Committee on Environment and Public Resources

CHAPTER 441

AN ACT making an appropriation from the general fund in the state treasury to the Nevada department of fish and game for the purpose of helping to finance the costs of the annual conference of the International Association of Game and Fish Commissioners to be held in Las Vegas, Nevada, September 8–12, 1975.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury to the Nevada department of fish and game the sum of $6,500 for the purpose of helping to finance the costs of the annual conference of the International Association of Game and Fish Commissioners to be held in Las Vegas, Nevada.

      Sec. 2.  After December 31, 1975, the unexpended balance of the appropriation made in section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.

 

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CHAPTER 442, SB 469

Senate Bill No. 469–Committee on Government Affairs

CHAPTER 442

AN ACT making an appropriation from the general fund in the state treasury to the channel clearance, surveying and monumenting fund created by NRS 532.220 and administered by the state engineer.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury to the channel clearance, surveying and monumenting fund in the state treasury the sum of $25,000 to be distributed by the state engineer as provided in NRS 532.220.

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

 

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ê1975 Statutes of Nevada, Page 660ê

 

CHAPTER 443, SB 489

Senate Bill No. 489–Committee on Finance

CHAPTER 443

AN ACT relating to the legislative counsel bureau, providing that the legislative commission shall set the price to be charged for Nevada Reports; and making an appropriation to the legislative counsel bureau for the cost of reproduction of Nevada Reports.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  NRS 345.050 is hereby amended to read as follows:

      345.050  1.  The director of the legislative counsel bureau is authorized to sell the following publications:

      (a) Nevada Reports.

      (b) Statutes of Nevada.

      (c) Compilation of laws:

             (1) Compiled Laws of Nevada (1861–1873), by Bonnifield and Healy (two volumes).

             (2) General Statutes Nevada 1885 (1861–1885), by Baily & Hammond.

             (3) Compiled Laws of Nevada 1861–1900, by Cutting.

             (4) Revised Laws of Nevada 1912, Volumes I and II (two volumes).

             (5) Revised Laws of Nevada 1919, Volume III.

             (6) Nevada Revised Statutes, including replacement and supplementary pages.

      (d) Miscellaneous publications:

             (1) Nevada Constitutional Debates & Proceedings 1864.

             (2) Nevada and Sawyer’s Digest 1878.

             (3) Nevada Digest Annotated (1912), by Patrick.

             (4) Annotations to Nevada Revised Statutes and the Nevada Digest, including replacement and supplementary pages.

             (5) Journals of the assembly or senate.

             (6) Appendices to journals of senate and assembly.

      2.  Prices for the publications enumerated in subsection 1 shall be set by [:

      (a) The clerk of the supreme court, with the approval of the supreme court, for volumes of Nevada Reports.

      (b) The legislative commission for all other publications.] the legislative commission.

      3.  No volume shall be sold or delivered until the purchase price therefor is first received.

      4.  Moneys for the sale of [publications for which the price is set by:

      (a) The supreme court clerk shall be deposited in the general fund in the state treasury.

      (b) The legislative commission shall be deposited in the legislative fund in the state treasury.] Nevada Reports shall be deposited in the general fund in the state treasury. Moneys for the sale of all other publications enumerated in subsection 1 shall be deposited in the legislative fund in the state treasury.

 


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ê1975 Statutes of Nevada, Page 661 (Chapter 443, SB 489)ê

 

      Sec. 2.  There is hereby appropriated from the general fund in the state treasury for the support of the legislative counsel bureau, for the cost of reproduction of Nevada Reports pursuant to NRS 345.025, the sum of $54,000.

 

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CHAPTER 444, SB 470

Senate Bill No. 470–Committee on Government Affairs

CHAPTER 444

AN ACT giving assistance to counties for the development of computer assisted appraisal systems; creating a county computer assisted appraisal system assistance fund in the state treasury and specifying the conditions for grants therefrom; making appropriations from the general fund in the state treasury to the equalization county matching fund and the county computer assisted appraisal system assistance fund; and providing other matters properly relating thereto.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  There is hereby created in the state treasury a county computer assisted appraisal system assistance fund to be administered by the department. The fund is a continuing fund to be used to aid counties in the development of computer assisted appraisal systems.

      2.  A county may apply to the department for one or more grants from the county computer assisted appraisal system assistance fund if such county has been directed by the department to develop a plan designed and intended to achieve an assessment ratio of 35 percent of full cash value and such a county plan incorporating a computer assisted appraisal system has been approved by the department.

      3.  Upon receipt of an application by a county for a grant from the county computer assisted appraisal system assistance fund and receipt of evidence that the county has provided funds in its budget for the purpose of development of a computer assisted appraisal system the department, with the consent of the state board of examiners, may make the grant under such terms and conditions as the department deems advisable and necessary and insofar as it is possible to do so within funds appropriated for this purpose.

      Sec. 2.  There is hereby appropriated from the general fund in the state treasury to the equalization county matching fund created pursuant to NRS 360.190 for the period ending June 30, 1975, the sum of $106,364.

      Sec. 3.  There is hereby appropriated from the general fund in the state treasury to the county computer assisted appraisal system assistance fund:

      1.  For the fiscal year ending June 30, 1976, the sum of $90,794.

      2.  For the fiscal year ending June 30, 1977, the sum of $84,312.

      Sec. 4.  Sections 2 and 4 of this act shall become effective upon passage and approval of this act. Sections 1 and 3 of this act shall become effective on July 1, 1975.

 

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ê1975 Statutes of Nevada, Page 662ê

 

CHAPTER 445, SB 424

Senate Bill No. 424–Committee on Environment and Public Resources

CHAPTER 445

AN ACT relating to subdivision and condominium maps and plans; requiring certification by the division of water resources as to water quantity for all subdivisions and condominiums; and providing other matters properly relating thereto.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  NRS 116.040 is hereby amended to read as follows:

      116.040  1.  The map or plat shall be certified by the surveyor making the same, which certificate shall be substantially as follows:

 

      I, ...........................(surveyor’s name), do hereby certify that this plat is a true and accurate map of the land surveyed by me and laid out into blocks, lots, streets, alleys and public places at the instance of ..........................(give name of owner or trustee); that the location of the blocks, lots, streets, alleys and public places has been definitely established and perpetuated in strict accordance with the law and as shown hereon; that the blocks, lots and public places shown hereon are situate wholly within .................(give description by metes and bounds or by legal subdivision); that the survey was completed on the .......... day of ......................(give date).

 

      2.  The map or plat shall:

      (a) Be acknowledged by the owner or owners, or trustee, before some officer authorized by law to take the acknowledgment of conveyances of real property; and

      (b) Contain signed and acknowledged evidence by the owner or owners of 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 granted or whose utility services are to be required for the platted parcels.

      (c) If the land is situated in any city or town, or outside any city or town, but within 3 miles of the limits of the same, be approved by the legislative authority of the city or town in which the land is situated, and in the absence of such legislative authority, by the legislative authority of the county in which the city or town is situated; and

      (d) If the land is situated more than 1 mile from the limits of any city or town, be approved by the board of county commissioners of the county in which the land is situated; and

      (e) Be approved by the health division of the department of human resources concerning sewage disposal, water pollution, water quality [and, subject to review by the state engineer, water quantity.] and water supply facilities; and

      (f) Be approved by the division of water resources of the state department of conservation and natural resources concerning water quantity.

      3.  A copy of the [review of the state engineer] approval by the division of water resources required by [subsection 2(e)] paragraph (f) of subsection 2 shall be furnished to the subdivider who in turn shall provide a copy of such [Rev. 11/3/2015 11:01:37 AM]

 


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ê1975 Statutes of Nevada, Page 663 (Chapter 445, SB 424)ê

 

division of water resources required by [subsection 2(e)] paragraph (f) of subsection 2 shall be furnished to the subdivider who in turn shall provide a copy of such [review] approval to each purchaser of land in the subdivision prior to the time the sale is completed. No statement of approval [or review] as required in [subsection 2(e)] paragraphs (e) and (f) of subsection 2 is a warranty or representation in favor of any person as to the safety or quantity of such water.

      4.  When so acknowledged, certified and approved, the original and one copy of the map or plat shall be filed in the office of the county recorder of the county in which the lands so platted and laid out are situated and one copy of the map or plat shall be filed, without charge, in the office of the county assessor of the county where the lands are situated.

      5.  No city or town or county legislative authority shall approve or accept for filing any map or plat under this chapter that does not conform to the requirements of this chapter.

      Sec. 2.  NRS 117.027 is hereby amended to read as follows:

      117.027  At the time any condominium map or plan is presented to the county recorder for recording the following certificates shall be presented to be recorded immediately prior to such map or plan:

      1.  A subdivision report from a reputable title company showing the names of the parties who may be required to sign the map or plan and guaranteeing that the names of the parties contained therein are the only parties who are required to sign such map or plan.

      2.  A certificate from a reputable title company showing that there are no liens against the condominium or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.

      3.  A certificate from: [the]

      (a) The health division of the department of human resources showing that the health division has approved the map or plan concerning sewage disposal, water pollution, water quality [and, subject to review by the state engineer, water quantity.] and water supply facilities.

      (b) The division of water resources of the state department of conservation and natural resources, showing that the final map is approved concerning water quantity.

      4.  A copy of the [review of the state engineer] certificate from the division of water resources required by subsection 3 shall be furnished to the condominium subdivider who in turn shall provide a copy of such [review] certificate to each purchaser of a condominium unit prior to the time the sale is completed. No statement of approval [or review] as required in subsection 3 is a warranty or representation in favor of any person as to the safety or quantity of such water.

      Sec. 3.  NRS 278.420 is hereby amended to read as follows:

      278.420  The following certificates and acknowledgments shall appear on the final map and may be combined where appropriate:

      1.  A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map. A lien for state, county, municipal or local taxes and for special assessments or beneficial interest under trust deeds or trust interests under bond indentures shall not be deemed to be an interest in land for the purpose of this section.

 


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ê1975 Statutes of Nevada, Page 664 (Chapter 445, SB 424)ê

 

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 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.

 


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ê1975 Statutes of Nevada, Page 665 (Chapter 445, SB 424)ê

 

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]

      (a) The health division of the department of human resources 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.] and water supply facilities.

      (b) The division of water resources of the state department of conservation and natural resources, showing that the final map is approved concerning water quantity.

      8.  A copy of the [review of the state engineer] certificate by the division of water resources required by subsection 7 shall be furnished to the subdivider who in turn shall provide a copy of such [review] certificate to each purchaser of land prior to the time the sale is completed. No statement of approval [or review] as required in subsection 7 is a warranty or representation in favor of any person as to the safety or quantity of such water.

 

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CHAPTER 446, SB 363

Senate Bill No. 363–Committee on Transportation

CHAPTER 446

AN ACT relating to highways; authorizing the direct conveyance to the state of interests in land held by towns, cities and counties when necessary for highway purposes; and providing other matters properly relating thereto.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  NRS 408.990 is hereby amended to read as follows:

      408.990  1.  When highways are constructed, reconstructed or improved in accordance with this chapter through towns and through cities, the department may require such towns and cities to acquire, through their governing bodies, and such towns and cities shall acquire in the name of the state, such real property, interests therein or improvements thereon for such highways as are determined to be necessary by the department in the same manner as if the property were being acquired by the state.

      2.  The cost of [the same may be participated in] acquisition may be shared by such town or city and the department or may be paid for wholly by such town or city in accordance with agreements which shall first be entered into between the governing body of such city or town and the department.

 


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ê1975 Statutes of Nevada, Page 666 (Chapter 446, SB 363)ê

 

      3.  With respect to real property, interests therein or improvements thereon held in the name of towns and cities, the local governing body may, by conveyance in the nature of quitclaim, transfer such interest to the state in accordance with agreements which shall first be entered into between such governing bodies and the department.

      Sec. 2.  NRS 408.995 is hereby amended to read as follows:

      408.995  1.  When highways are constructed, reconstructed or improved by the state in accordance with this chapter outside of the limits of any unincorporated town or incorporated city, the department may require the boards of county commissioners of the counties in which the highways are located to acquire, and such boards shall acquire in the name of the state, such real property, interests therein or improvements thereon for such highways as are determined to be necessary by the department in the same manner as if the property were being acquired by the state.

      2.  The cost of [the same may be participated in] acquisition may be shared by such counties and the department or may be paid for wholly by such counties in accordance with agreements which shall first be entered into between the boards of county commissioners of the counties in which the highways are located and the department.

      3.  With respect to real property, interests therein or improvements thereon held in the name of counties, the boards of county commissioners may, by conveyance in the nature of quitclaim, transfer such interest to the state in accordance with agreements which shall first be entered into between such boards and the department.

 

________

 

 

CHAPTER 447, SB 528

Senate Bill No. 528–Senator Young

CHAPTER 447

AN ACT directing the state land register to convey certain real property situated in Washoe County to the City of Reno, Nevada; and providing other matters properly relating thereto.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  Notwithstanding the provisions of NRS 232.158 or any other law, the state land register on behalf of the State of Nevada and any of its boards, commissions and agencies, shall convey to the City of Reno, Nevada, upon satisfaction of the condition prescribed in section 2, of this act, that certain real property owned by the State of Nevada and situated in the County of Washoe, State of Nevada, and described as follows:

 

PARCEL NO. 1

 

A portion of Lot 1 of the NW 1/4 of Section 7, T. 19 N., R. 20 E., M.D.B. & M., in Washoe County, Nevada, more particularly described as follows:

 


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ê1975 Statutes of Nevada, Page 667 (Chapter 447, SB 528)ê

 

Beginning at the point of intersection of the southeasterly right of way line of Kietzke Lane with the westerly right of way line of the North-South Freeway, designated as U. S. Highway No. 395; thence southeasterly along the westerly right of way line of the North-South Freeway, designated as U. S. Highway No. 395, to the point of intersection of said westerly right of way line of the North-South Freeway, designated as U. S. Highway No. 395, with the northerly low water mark of the Truckee River; thence westerly along the northerly low water mark of the Truckee River to the point of intersection of said northerly low water mark of the Truckee River with the southeasterly right of way line of Kietzke Lane; thence northeasterly along the southeasterly right of way line of Kietzke Lane to the true point of beginning, and containing 0.138 acres, more or less; said described parcel of land being a somewhat triangular parcel bounded northwesterly by Kietzke Lane, northeasterly by the North-South Freeway, designated as U. S. Highway No. 395, and southerly by the northerly low water mark of the Truckee River.

 

PARCEL NO. 2

 

A portion of Lots I and II of the NW 1/4 of Section 7, T. 19 N., R. 20 E., M.D.B. & M., in Washoe County, Nevada, more particularly described as follows:

Beginning at the point of intersection of the easterly right of way line of the North-South Freeway, designated as U. S. Highway No. 395, with the southerly right of way line of Kietzke Lane; thence along the several courses of the southerly right of way line of Kietzke Lane to the point of intersection of the said southerly right of way line of Kietzke Lane with the North-South centerline of said Section 7, T. 19 N., R. 20 E., M.D.B. & M.; thence southerly along the North-South centerline of Section 7, T. 19 N., R. 20 E., M.D.B. & M., to its point of intersection with the northerly low water mark of the Truckee River; thence northwesterly and westerly along the northerly low water mark of the Truckee River to its point of intersection with the easterly right of way line of the North-South Freeway, designated as U. S. Highway No. 395; thence northerly along the easterly right of way line of the North-South Freeway, designated as U. S. Highway No. 395, to the true point of beginning; excepting and reserving from said described parcel of land all that portion of land as described in Document No. 178550 and recorded in Book 245 of “Deeds” at page 53 et seq., Washoe County, Nevada, records, as is presently enclosed by a fence and occupied by the Nevada Department of Agriculture; which described parcel of land is bounded southerly by the low water mark of the Truckee River, westerly by the easterly right of way line of the North-South Freeway, designated as U. S. Highway No. 395, northerly by the southerly right of way line of Kietzke Lane, northeasterly by lands occupied by Nevada Department of Agriculture and easterly by the North-South centerline of Section 7, T. 19 N., R. 20 E., M.D.B. & M., containing 5.4 acres, more or less.

 


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ê1975 Statutes of Nevada, Page 668 (Chapter 447, SB 528)ê

 

      Sec. 2.  The real property described in section 1 of this act shall be conveyed by the state land register upon receipt of a record of survey of Parcel 2 from the City of Reno, Nevada.

 

________

 

 

CHAPTER 448, AB 680

Assembly Bill No. 680–Assemblymen Mello, Weise, Dini, Heaney, Bremner, Glover, Barengo, Howard, Murphy, Demers, Jacobsen, Robinson, Wittenberg, Dreyer, Christensen, Getto, Moody, Wagner, Brookman, Mann, Lowman, Coulter, Benkovich and Polish

CHAPTER 448

AN ACT relating to the University of Nevada; making an appropriation toward the restoration of Morrill Hall; and providing other matters properly relating thereto.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  Subject to the conditions prescribed in section 2 of this act, there is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the state public works board for the purpose of preparing plans and contributing to the work of restoration of Morrill Hall on the Reno campus of the University of Nevada. Such preparation and work shall be done in cooperation with the executive committee of the University of Nevada Alumni Association, Inc., for the purposes set forth in paragraphs (2) and (4) of Resolution No. 73–7 of the board of regents of the University of Nevada.

      Sec. 2.  This appropriation is conditioned upon the raising from other sources of an amount sufficient, together with this appropriation, to total $500,000. When the Morrill Hall Trust Committee of the University of Nevada Alumni Association, Inc., certifies to the state board of examiners that it has:

      1.  On deposit or invested in liquid negotiable securities; and

      2.  Available with certainty as matching funds from the Federal Government or any other source, after the making of this appropriation,

a combined total of $450,000, the state board of examiners shall direct the controller to make this appropriation available to the state public works board.

      Sec. 3.  If this appropriation is not so made available on or before July 1, 1977, or if any part of it is not required for the purposes stated, the appropriation or part not required shall revert to the general fund in the state treasury on July 1, 1977, or completion of the work, as the case may be.

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

 

________

 

 


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ê1975 Statutes of Nevada, Page 669ê

 

CHAPTER 449, AB 523

Assembly Bill No. 523–Assemblymen Brookman, Mello, Murphy, Mann, Jeffrey, Polish, Price, Banner, Barengo, Robinson, Benkovich, Ashworth, Coulter, Dini, Glover, Vergiels, May, Wittenberg, Weise, Schofield, Sena, Chaney, Craddock, Howard, Heaney, Young, Demers, Wagner, Bremner and Dreyer

CHAPTER 449

AN ACT creating a state energy resources advisory board; providing for appointment of members from specified areas of interest; requiring a report on the status of energy in Nevada; making an appropriation; and providing other matters properly relating thereto.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  Title 46 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  1.  There is hereby created a state energy resources advisory board.

      2.  Except for seven of the members first appointed, members of the board shall be appointed by the governor for terms of 2 years. Vacancies occurring on the board shall be filled by the governor to complete the unexpired portion of the term and members shall be appointed in the same manner as the original appointment.

      3.  Of the members so appointed, one member shall be designated as chairman by the governor and shall serve in that capacity at the pleasure of the governor.

      Sec. 3.  The state energy resources advisory board shall consist of 15 members who shall be appointed as follows:

      1.  One member from the petroleum industry.

      2.  One member from the public service commission of Nevada.

      3.  One member from an energy distributing utility in the State of Nevada.

      4.  One member from an energy consuming utility in the State of Nevada.

      5.  One member from the hotel and resort industry.

      6.  One member from the agriculture industry.

      7.  One member from the consuming public.

      8.  One member from the mining industry.

      9.  One member from a labor organization.

      10.  Two members from municipal government.

      11.  Four members from the general public.

      Sec. 4.  1.  The board shall meet at least once in every 2 months.

      2.  Eight members of the board constitute a quorum.

      3.  Members of the board shall receive:

      (a) No compensation for their service;

      (b) The subsistence allowance and travel expenses provided by law.

Claims shall be approved by the chairman and paid from funds provided by legislative appropriation as other claims against the state are paid.

      Sec. 5.  The board may adopt regulations, pursuant to chapter 233B of NRS, for the orderly transaction of its business.

 


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ê1975 Statutes of Nevada, Page 670 (Chapter 449, AB 523)ê

 

      Sec. 6.  The board may accept gifts or grants from any source, and expend moneys so received or otherwise available to contract with qualified persons or institutions for research in the production and efficient use of energy.

      Sec. 7.  The board may appoint any classified, technical, clerical and operational personnel necessary to carry out its functions within the limits of legislative appropriations.

      Sec. 8.  The board shall:

      1.  Recommend a state energy policy;

      2.  Recommend appropriate legislation and regulations to promote the conservation, economic utilization, production and distribution of energy resources and supplies;

      3.  Recommend appropriate steps to alleviate and resolve short-term energy imbalances;

      4.  Recommend long-range comprehensive plans for energy utilization to improve the efficiency of energy production and to reduce the negative environmental impacts of such measures; and

      5.  Establish appropriate liaison with other state agencies, interested persons and groups and the Federal Government as may be necessary to the board’s responsibilities and duties.

      Sec. 9.  The board shall serve in an advisory capacity to:

      1.  The governor; and

      2.  Any agency, bureau, board, commission, department or division which is engaged in energy management, planning utilization and distribution.

      Sec. 10.  The board shall prepare a report concerning the status of energy in the State of Nevada and submit it to:

      1.  The governor on or before January 30 of each year; and

      2.  The legislature on or before January 30 of each odd-numbered year.

      Sec. 11.  1.  Members of the first state energy resources advisory board appointed pursuant to section 2 of this act shall be appointed for the following terms:

      (a) Seven members shall be appointed to terms ending June 30, 1976.

      (b) Seven members shall be appointed to terms ending June 30, 1977.

      2.  The first chairman appointed by the governor shall serve a term ending June 30, 1977.

      3.  Upon the expiration of the terms as provided in subsections 1 and 2, all appointments thereafter made by the governor shall be for terms of 2 years.

      4.  Any member of the Nevada State Energy Resources Advisory Board which was created by executive order on July 12, 1973, who represents a category listed in section 3 of this act may be appointed to the board.

      Sec. 12.  There is hereby appropriated from the general fund in the state treasury to the state energy resources advisory board for the purpose of accomplishing the provisions set forth in sections 2 to 9, inclusive, of this act:

      1.  For the fiscal year ending June 30, 1976, the sum of $25,000.

      2.  For the fiscal year ending June 30, 1977, the sum of $25,000.

 

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ê1975 Statutes of Nevada, Page 671ê

 

CHAPTER 450, AB 500

Assembly Bill No. 500—Committee on Ways and Means

CHAPTER 450

AN ACT relating to the public service commission of Nevada; creating an energy management division; providing that the chairman is in charge of the division; establishing duties; and providing other matters properly relating thereto.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  Chapter 703 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 the context requires otherwise:

      1.  “Chairman” means the chairman of the public service commission of Nevada.

      2.  “Division” means the energy management division within the public service commission of Nevada.

      Sec. 3.  1.  There is hereby created an energy management division within the public service commission of Nevada.

      2.  The chairman is the administrative officer of the division and shall perform all acts necessary to further the provisions of sections 2 to 7, inclusive, of this act.

      3.  The chairman may designate a representative to aid him in the performance of his duties.

      Sec. 4.  The chairman, acting through the division, may:

      1.  Prepare, subject to the approval of the governor, petroleum allocation and rationing plans for possible energy contingencies. The plans shall be carried out only by executive order by the governor.

      2.  Cooperate, through the commission’s member on the state energy resources advisory board, in coordinating energy programs and activities within the state.

      Sec. 5.  The chairman, acting through the division, may:

      1.  Analyze and evaluative present and prospective energy demand and supply alternatives within the state;

      2.  Develop and carry out projects and programs to encourage maximum utilization of existing energy resources in the private and public sectors of this state;

      3.  Encourage development of existing and alternate energy resources that will benefit the state;

      4.  Carry out and administer any federal programs that authorize state participation in fuel allocation programs;

      5.  Coordinate the energy activities of appropriate state agencies; and

      6.  Serve as a central depository for the state government to collect and store any data and information relating to energy and related subjects.

      Sec. 6.  The chairman, acting through the division, shall:

      1.  Adopt regulations pursuant to chapter 233B of NRS.

      2.  Prepare any reports necessary to carry out the provisions of sections 2 to 7, inclusive, of this act.

 


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ê1975 Statutes of Nevada, Page 672 (Chapter 450, AB 500)ê

 

      3.  Prepare any reports requested by the governor or by the legislature.

      Sec. 7.  1.  The chairman, acting through the division, may receive and administer any gifts, grants or funds which are available from public or private sources.

      2.  Any funds so received shall be deposited with the state treasurer to the credit of the public service commission regulatory fund.

      3.  Except as limited by subsection 4, any moneys necessary for the purpose of carrying out the provisions of sections 2 to 7, inclusive, of this act, shall be paid from the fund as other claims against the state are paid.

      4.  No more than $75,000 may be expended in any fiscal year unless the interim finance committee concurs.

      5.  Moneys expended in carrying out the provisions of sections 2 to 7, inclusive, of this act, shall be reimbursed by funds available from the Federal Government or by legislative appropriations.

      Sec. 8.  NRS 704.039 is hereby amended to read as follows:

      704.039  Moneys in the public service commission regulatory fund shall be used only to defray the costs of:

      1.  Maintaining a competent staff and equipment to regulate adequately all public utilities subject to the provisions of NRS 704.033 to 704.039, inclusive.

      2.  Participating in all rate cases involving such utilities.

      3.  Investigations, inspections, audits, reports and publication of notices in connection with such regulation and participation.

      4.  All salaries, travel expenses and subsistence allowances of commission members and staff.

      5.  Carrying out the provisions of chapter 706 of NRS [.] and sections 2 to 7, inclusive, of this act.

 

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CHAPTER 451, AB 201

Assembly Bill No. 201–Assemblymen Sena and Jeffrey

CHAPTER 451

AN ACT making an appropriation from the general fund in the state treasury to the department of human resources for the construction of a half-way house in Clark County.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  Subject to the conditions provided in this act, there is hereby appropriated from the general fund in the state treasury to the department of human resources the sum of $100,000 for the construction of a half-way house in Clark County, Nevada, to be used by the county in the treatment of delinquent youths during the transition period between institutional care and return to the community.

      Sec. 2.  None of the money appropriated by this act may be expended or committed for expenditure until:

 


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ê1975 Statutes of Nevada, Page 673 (Chapter 451, AB 201)ê

 

      1.  The appropriate local authority in Clark County has presented to the interim finance committee, on or before August 1, 1975, a detailed plan and cost estimate for the location and construction of the half-way house; and

      2.  The interim finance committee has reviewed and approved the plan.

Such approval shall not be granted unless the Clark County commissioners demonstrate to the satisfaction of the interim finance committee that any excess of the total cost of planning and construction over $100,000 will be paid from local sources in Clark County and the structure completed as planned.

      Sec. 3.  The appropriate local authority in Clark County shall be reimbursed for the cost of planning and engineering the half-way house only:

      1.  If in fact the interim finance committee approves the plan; and

      2.  To the extent, if any, that such reimbursement is possible after construction costs have been paid from the appropriation.

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

 

________

 

 

CHAPTER 452, SB 47

Senate Bill No. 47–Committee on Judiciary

CHAPTER 452

AN ACT relating to gaming licensing and control; adding and clarifying definitions; clarifying application procedures, certain license, fee, and tax matters, and procedures regarding publicly traded corporations; clarifying and expanding certain powers of the gaming control board and commission; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 14, 1975]

 

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

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “Sports pool” means the business of accepting wagers on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering.

      Sec. 2.  NRS 463.0101 is hereby amended to read as follows:

      463.0101  As used in this chapter, the words and terms defined in NRS 463.0102 to 463.0128, inclusive, and section 1 of this act, have the meanings ascribed to them in [NRS 463.0102 to 463.0128, inclusive,] such sections unless a different meaning clearly appears in the context.

      Sec. 3.  NRS 463.0102 is hereby amended to read as follows:

      463.0102  “Applicant” means any person who has applied for or is about to apply for a state gaming license, [or a] manufacturer’s [or] license, distributor’s license, registration or finding of suitability under the provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS [.]

 


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ê1975 Statutes of Nevada, Page 674 (Chapter 452, SB 47)ê

 

provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS [.] , or approval of any act or transaction for which commission approval is required or permitted under the provisions of this chapter or chapter 464 of NRS.

      Sec. 4.  NRS 463.0103 is hereby amended to read as follows:

      463.0103  “Application” means a request for the issuance of a state gaming license, [or a] manufacturer’s, seller’s or distributor’s license, registration or finding of suitability under the provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS [.] or for approval of any act or transaction for which commission approval is required or permitted under the provisions of this chapter or chapter 464 of NRS.

      Sec. 5.  NRS 463.140 is hereby amended to read as follows:

      463.140  1.  The provisions of this chapter with respect to state gaming licenses and manufacturer’s, seller’s and distributor’s licenses shall be administered by the state gaming control board and the Nevada gaming commission, which are hereby charged with administering the same for the protection of the public and in the public interest in accordance with the policy of this state.

      2.  The board shall investigate the qualifications of each applicant [for licenses] under this chapter before any license is issued or any registration, finding of suitability or approval of acts or transactions for which commission approval is required or permitted is granted and shall continue to observe the conduct of all licensees and other persons having a material involvement directly or indirectly with a licensed gaming operation or registered holding company to the end that licenses shall not be issued to nor held by nor shall there by any material involvement directly or indirectly with a licensed gaming operation or registered holding company by unqualified or disqualified persons or unsuitable persons or persons whose operations are conducted in an unsuitable manner or [for] in unsuitable or prohibited places or locations. The board shall have full and absolute power and authority to recommend the denial of any application, [for license,] or the limitation, conditioning or restriction of [such license] any license, registration, finding of suitability or approval, or the suspension or revocation of any license, registration, finding or suitability or approval or the imposition of a fine upon any person licensed, registered, found suitable or approved, for any cause deemed reasonable by the board. The commission shall have full and absolute power and authority to deny any application [for license,] or to limit, condition, restrict, revoke or suspend any license, registration, finding of suitability or approval, or to fine any person licensed, registered, found suitable or approved, for any cause deemed reasonable by the commission.

      3.  The board and the commission and their agents, inspectors and employees have the authority:

      (a) To inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.

      (b) To inspect all equipment and supplies in, upon or about such premises.

      (c) Summarily to seize and remove from such premises and impound any such equipment or supplies for the purpose of examination and inspection.

 


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ê1975 Statutes of Nevada, Page 675 (Chapter 452, SB 47)ê

 

      (d) To demand access to and inspect, examine and audit all papers, books and records of applicants and licensees respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy of or any of the provisions of this chapter.

      4.  For the purpose of the administration of chapters 463, 464 and 465 of NRS, the board, the commission and the executive, supervisory and investigative personnel of both the board and the commission shall be invested with the powers of a peace officer of the State of Nevada. The provisions of this subsection shall not constitute such individuals as police officers for the purposes of NRS 286.510.

      5.  The board and the commission or any member thereof shall each have full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission shall be guilty of perjury. The board and commission or any member thereof may appoint hearing examiners who shall have full power and authority to administer oaths and receive evidence and testimony under oath.

      Sec. 6.  NRS 463.160 is hereby amended to read as follows:

      463.160  1.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

      (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine as defined in this chapter, or to operate, carry on, conduct or maintain any horserace book or sports pool; or

      (b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or

      (c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any game, slot machine, horserace book or sports pool,

without having first procured, and thereafter maintaining in full force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance or by the governing board of any unincorporated city of town.

      2.  It is unlawful for any person to lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for the same.

      3.  It is unlawful for any person to lend, let, lease or otherwise deliver or furnish, except by a bona fide sale, any slot machine under guise of any agreement whatever whereby any consideration whatever is paid or is payable for the right to possess or use such slot machine, whether such consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.

 


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ê1975 Statutes of Nevada, Page 676 (Chapter 452, SB 47)ê

 

consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.

      4.  It is unlawful for any person to furnish services or property, real or personal, on a contract, lease or license basis, pursuant to which such person receives payments based on earnings or profits or otherwise from any gambling game, including any slot machine, without having first procured a state gaming license.

      5.  Any person who shall knowingly permit any gambling game, slot machine or device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, except by a person who is licensed hereunder, or his employee, shall be guilty of a gross misdemeanor.

      6.  Any licensee who puts additional games or slot machines into play or displays such games or slot machines in a public area without authority of the commission to do so is subject to the penalties provided in NRS 463.310.

      7.  The provisions of subsections 2, 3 and 4 do not apply to any person:

      (a) Whose payments are a fixed sum determined in advance on a bona fide basis for the furnishing of services or property other than a slot machine.

      (b) Who furnishes services or property under a bona fide rental agreement or security agreement for gaming equipment.

      (c) Which is a wholly owned subsidiary of:

             (1) A corporation holding a state gaming license; or

             (2) A holding company or intermediary company, or publicly traded corporation, which has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it as such.

Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of contract, lease or license provisions for adjustments in charges, rentals or fees on account of changes in taxes or assessments, cost-of-living index escalations, expansions or improvement of facilities, or changes in services supplied; and receipts of percentage rentals or percentage charges between a corporate licensee and the entities enumerated in paragraph (c) are permitted under this subsection.

      8.  The commission may determine the suitability, or may require the licensing, of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which such person receives payments based on earnings, profits or receipts from gaming. The commission may require any such person to comply with the requirements of this chapter and with the regulations of the commission. If the commission determines that any such person is unsuitable, it may require such arrangement to be terminated.

      9.  If the premises of a licensed gaming establishment are directly or indirectly owned or under the control of the licensee therein, or of any person controlling, controlled by, or under common control with such licensee, the commission may, upon recommendation of the board, require the licensee to present the application of any business or person doing business on the premises for a determination of suitability to be associated with a gaming enterprise in accordance with the procedures set forth in this chapter.

 


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ê1975 Statutes of Nevada, Page 677 (Chapter 452, SB 47)ê

 

licensee, the commission may, upon recommendation of the board, require the licensee to present the application of any business or person doing business on the premises for a determination of suitability to be associated with a gaming enterprise in accordance with the procedures set forth in this chapter. If the commission determines that such business or person is unsuitable to be associated with a gaming enterprise, such association shall be terminated. Any agreement which entitles a business other than gaming to be conducted on such premises is subject to termination upon a finding of unsuitability of the business or of any person associated therewith. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the business or any person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days following demand or the unsuitable association is not terminated, the commission may pursue any remedy or combination of remedies provided in this chapter.

      Sec. 7.  NRS 463.200 is hereby amended to read as follows:

      463.200  1.  Application for a state gaming license or other commission action shall be made to the board on forms furnished by the board and in accordance with the regulations of the commission.

      2.  The application for a license shall include:

      (a) The name of the proposed licensee.

      (b) The location of his place or places of business.

      (c) The gambling games, gaming device or slot machines to be operated.

      (d) The names of all persons directly or indirectly interested in the business and the nature of such interest.

      (e) Such other information and details as the board may require in order to discharge its duty properly.

      3.  The board shall furnish to the applicant supplemental forms, which the applicant shall complete and file with the application. Such supplemental forms shall require, but such not be limited to, complete information and details with respect to the applicant’s antecedents, habits, character, criminal record, business activities, financial affairs and business associates, covering at least a 10-year period immediately preceding the date of filing of the application.

      Sec. 8.  NRS 463.210 is hereby amended to read as follows:

      463.210  1.  Within a reasonable time after filing of an application and such supplemental information as the board may require, the board shall commence its investigation of the applicant and shall conduct such proceedings in accordance with applicable regulations as it may deem necessary.

      2.  The board shall make its order, either recommending approval or denial of an application, not longer than 90 days after the application and supporting data are completed and filed with the board. In the event denial of an application is recommended, the board shall prepare and file with the commission its written reasons upon which the order is based.

 


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ê1975 Statutes of Nevada, Page 678 (Chapter 452, SB 47)ê

 

      3.  The board shall have full and absolute power and authority to recommend denial of any application [for a license] for any cause deemed reasonable by the board.

      4.  A recommendation of denial of an application shall be without prejudice to a new and different application if made in conformity to regulations applicable to such situations.

      Sec. 9.  NRS 463.220 is hereby amended to read as follows:

      463.220  1.  After final order approving an application, the board will present its recommendation to the commission at the next meeting of the commission.

      2.  The commission may, after considering the recommendation of the board, issue to the applicant or applicants named, as individuals, and to the licensed gaming establishment, as a business entity, under the name or style therein designated, a state gaming license, or deny the same. The commission may limit such license or place such conditions thereon as it may deem necessary in the public interest. The commission may, if satisfied of the necessity of such action, issue a probationary license. No state gaming license shall be assigned either in whole or in part.

      3.  The commission may limit or place such conditions as it may deem necessary in the public interest upon any registration, finding of suitability or approval for which application has been made.

      4.  After final order of the state gaming control board recommending denial of an application, the commission, after considering the recommendation of the board, may:

      (a) Deny the application;

      (b) Remand the matter to the board for such further investigation and reconsideration as the commission may order; or

      (c) By unanimous vote of the members present, grant the application for a license [.] , registration, finding of suitability or approval.

      [4.]5.  If the commission is not satisfied that an applicant approved by the state gaming control board is qualified to be licensed hereunder, the commission may cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its regulations as it may deem necessary.

      If the commission desires further investigation be made or to conduct such hearings, it shall, within 30 days after presentation of the recommendation of the board so notify the applicant and set a date for hearing, if a hearing is requested by the applicant. Final action by the commission shall be taken within 120 days after the recommendation of the board has been presented to the commission. Failure of the commission to take action within such 120-day period shall be deemed to constitute approval of such applicant by the commission, and a license shall be issued forthwith upon compliance by the applicant with the provisions of subsection [6] 7 of this section.

      [5.]6.  The commission shall have full and absolute power and authority to deny any application [for a license] for any cause deemed reasonable by such commission. In the event an application is denied, the commission shall prepare and file its written decision upon which its order denying such application is based.

 


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ê1975 Statutes of Nevada, Page 679 (Chapter 452, SB 47)ê

 

      [6.]7.  If satisfied that an applicant is eligible to receive a state gaming license, and upon tender of all license fees and taxes as required by law and regulation of the commission and such bond as the commission may require for the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the commission will issue to the applicant or applicants named, under the name or style designated, such license as may be appropriate or as is provided by law.

      The commission shall fix the amount of the bond to be required under this subsection at no more than the total amount of license fees and taxes estimated to become due from the licensee prior to his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee under this chapter.

      The bond shall be furnished in cash or negotiable securities. If furnished in negotiable securities, the principal shall be placed without restriction at the disposal of the commission, but any income shall inure to the benefit of the licensee.

      Sec. 10.  NRS 463.270 is hereby amended to read as follows:

      463.270  1.  Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the commission.

      2.  All state gaming licenses shall become subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.

      3.  Application for renewal shall be filed with the commission and all state license fees and taxes required by law shall be paid to the commission on or before the dates respectively provided by law for each such fee [.] or tax.

      4.  Application for renewal of licenses for slot machines only shall be made by the operators of the locations where such machines are situated.

      5.  Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $25 or 25 percent of the gross amount due, whichever is the greater, but in no case in excess of $1,000 where the fee is based on gross revenue and $800 in all other cases, which penalty shall be collected as are other charges, license fees and penalties under this chapter.

      6.  Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which shall be attached to each state gaming license so renewed.

      7.  Any person who [shall operate, carry on, conduct or expose] operates, carries on or exposes for play any gambling game, gaming device or slot machine after his license [shall have] has become subject to renewal, and [shall] thereafter [fail] fails to apply for renewal as herein provided, [shall be] is guilty of a misdemeanor; and, in addition to the penalties provided by law, shall be liable to the State of Nevada for all license fees, taxes and penalties which would have been due and payable upon application for renewal as herein provided.

 


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ê1975 Statutes of Nevada, Page 680 (Chapter 452, SB 47)ê

 

license fees, taxes and penalties which would have been due and payable upon application for renewal as herein provided.

      Sec. 11.  NRS 463.310 is hereby amended to read as follows:

      463.310  1.  The board shall make such investigations:

      (a) To determine whether there has been any violation of this chapter, chapter 464 or chapter 465 of NRS or any regulations adopted thereunder.

      (b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or rules and regulations.

      (c) To aid in adopting regulations.

      (d) To secure information as a basis for recommending legislation relating to this chapter, chapter 464 or chapter 465 of NRS.

      (e) As directed by the commission.

      2.  If, after any investigation the board is satisfied that a license, registration, finding of suitability, pari-mutuel license or prior approval by the commission of any transaction for which such approval was required or permitted under the provisions of this chapter or chapter 464 of NRS should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.

      3.  Upon receipt of the complaint of the board, the commission shall review the same and all matter presented in support thereof, and, if satisfied that probable grounds exist for disciplinary or other action, shall conduct further proceedings in accordance with NRS 463.312. If the commission is not satisfied that probable grounds exist for disciplinary or other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.

      4.  After the provisions of subsections 1, 2 and 3 above have been complied with, the commission shall have full and absolute power and authority to:

      (a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;

      (b) Limit, condition, suspend or revoke any registration, filing of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the commission;

      (c) Order a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment; [and

      (c)](d) Fine a licensed gaming establishment in an amount not to exceed $100,000 for the first violation by such establishment, or any individual licensee in an amount not to exceed $50,000 for the first violation by such individual [,] ; and

 


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ê1975 Statutes of Nevada, Page 681 (Chapter 452, SB 47)ê

 

      (e) Fine the registrant, person or entity previously fund suitable, pari-mutuel licensee, or person or entity who previously obtained approval for any act or transaction for which commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS, in an amount not to exceed $100,000 for the first violation by any entity other than an individual or in an amount not to exceed $50,000 for the first violation by any individual, and the commission may impose fines in any amount which it deems appropriate for subsequent violations,

for any cause deemed reasonable by the commission. All fines shall be paid to the state treasurer for deposit in the general fund. [in the state treasury.]

      5.  For the second violation of any provisions of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of such establishment or individual.

      6.  [In the event] If the commission [shall limit, condition, suspend or revoke] limits, conditions, suspends or revokes any license or [impose a fine,] imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which such order is based.

      7.  Any such limitation, condition, revocation, suspension or fine so made shall be and remain effective until reversed or modified upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.

      8.  Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315.

      Sec. 12.  NRS 463.312 is hereby amended to read as follows:

      463.312  1.  The complaint referred to in NRS 463.310 and 464.080 shall be a written statement of charges which shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged. It shall specify the statutes and regulations which the respondent is alleged to have violated, but shall not consist merely of charges raised in the language of the statutes or regulations.

      2.  Upon the filing of the complaint, the commission shall serve a copy of the complaint upon the respondent either personally, or by registered or certified mail at his address on file with the commission.

      3.  The commission shall include with the copy of the complaint served upon respondent three copies of a form entitled “Notice of Defense” which, when completed and signed by or on behalf of the respondent and returned to the commission, will acknowledge service of the complaint and constitute a “Notice of Defense” under subsection 5 hereof.

      4.  The notice of defense shall read substantially as follows:

 

Notice of Defense

      Instructions to Respondents:  Two copies of this form should be filed with the Nevada gaming commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf.

 


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ê1975 Statutes of Nevada, Page 682 (Chapter 452, SB 47)ê

 

be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.

 

                                                                                                                                          Yes   No

      1.  Do you request a hearing?.............................................................................. □  □

      2.  Do you admit the facts stated in the complaint?....................................... □  □

      If you admit some of the facts stated in the complaint, but deny others, please specify:

(space for answer)

      3.  Are there any defenses or explanations which you believe the commission should consider?.......................................................................................................................... □  □

      If so, please specify:

(space for answer)

      4.  Do you wish to state any legal objections to the complaints?.................    

      If so, please specify:

(space for answer)

      Note:  If you fail to file two copies of this form as specified, the commission may proceed upon the complaint without a hearing.

 

      5.  Within 15 days after service upon him of the complaint, the respondent may file with the commission a notice of defense in which he may:

      (a) Request a hearing;

      (b) Admit the accusation in whole or in part;

      (c) Present new matter or explanations by way of defense; and

      (d) State any legal objections to the complaint.

      Within the time specified respondent may file one or more notices of defense upon any or all of the above grounds, but all such notices shall be filed within the period specified above unless the commission, in its discretion, authorizes the filing of a later notice.

      6.  The respondent shall be entitled to a hearing on the merits if he files a notice of defense within the time allowed by subsection 5, and any such notice shall be deemed a specific denial of all parts of the complaint not expressly admitted. Failure to file a notice of defense within the time allowed by subsection 5 shall constitute a waiver of respondent’s right to a hearing and to judicial review of any decision or order of the commission, but the commission, in its discretion, may nevertheless order a hearing. All affirmative defenses must be specifically stated and unless objection is taken as provided in paragraph (d) of subsection 5, all objections to the form of the complaint shall be deemed waived.

      7.  The commission shall determine the time and place of the hearing as soon as is reasonably practical