[Rev. 4/7/2015 11:17:50 AM]

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ê1977 Statutes of Nevada, Page 1137 (Chapter 529, SB 153)ê

 

administer agreements with the United States or any appropriate agency thereof for planning, acquisition and development projects involving participating federal aid funds on behalf of any political subdivision or subdivisions of this state if such subdivision or subdivisions give necessary assurances to the [system] division that they have available sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of such subdivision or subdivisions for public outdoor recreation use.

      Sec. 75.  NRS 407.213 is hereby amended to read as follows:

      407.213  In order to foster the development of bicycle pathways the [system] administrator, subject to the approval of the director, may:

      1.  Enter into and administer agreements with any political subdivision of this state to establish bicycle pathways.

      2.  Accept and disburse funds to such political subdivisions or combinations thereof for the acquisition, development and construction of bicycle pathways if such political subdivisions allocate an equal amount of funding for such acquisition, development and construction.

      3.  Apply for and receive federal or other moneys for the purpose of acquiring, developing and constructing bicycle pathways or encouraging outdoor recreation.

      Sec. 76.  NRS 407.214 is hereby amended to read as follows:

      407.214  The [system] division shall:

      1.  Prepare bicycle pathway design and construction standards.

      2.  [Promulgate rules or] Adopt regulations for the approval of bicycle pathway construction projects [prior to] before the disbursement of funds for such projects.

      3.  Require political subdivisions or combinations thereof to submit plans for the construction of bicycle pathways in their respective areas.

      Sec. 77.  NRS 407.217 is hereby amended to read as follows:

      407.217  Those political subdivisions which accept [funds] money for the acquisition, development and construction of bicycle pathways under the provisions of NRS 407.211 to 407.217, inclusive, shall permit authorized representatives of the [system] division to inspect and audit all documents and records of such political subdivisions pertaining to the use of such [funds.] money.

      Sec. 78.  NRS 407.250 is hereby amended to read as follows:

      407.250  1.  The cutting or removal of any timber or other forest growth, the destruction thereof by fire or other means, except where such cutting or removal is authorized by proper authority for the proper administration or protection of any park or park lands, is hereby prohibited within any of the park or recreational areas within the jurisdiction of the [system.] division.

      2.  The destruction or removal of any buildings, parts of buildings, other structures, tables, stoves or any appurtenances thereto, as well as any historical relics, natural specimens such as petrified trees, petroglyphs and other relics or material within the jurisdiction of the [system] division is hereby prohibited.

      3.  Any person who [shall violate] violates any of the provisions of this section [shall be] is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged, destroyed, removed, burned or cut and in no event less than a misdemeanor.


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ê1977 Statutes of Nevada, Page 1138 (Chapter 529, SB 153)ê

 

NRS 193.155, proportionate to the value of the property damaged, destroyed, removed, burned or cut and in no event less than a misdemeanor.

      Sec. 79.  NRS 439.200 is hereby amended to read as follows:

      439.200  1.  The state board of health [shall have the power] may by affirmative vote of a majority of its members [to] adopt, [promulgate,] amend and enforce reasonable [rules and] regulations consistent with law:

      (a) To define and control dangerous communicable diseases.

      (b) To prevent and control nuisances.

      (c) To regulate sanitation and sanitary practices in the interests of the public health.

      (d) To provide for the sanitary protection of water and food supplies. [and the control of sewage disposal.]

      (e) To govern and define the powers and duties of local boards of health and health officers [.] , except with respect to the provisions of NRS 444.440 to 444.620, inclusive, and NRS 445.080 to 445.710.

      (f) To protect and promote the public health generally.

      (g) To carry out all other purposes of this chapter.

      2.  Such [rules and] regulations [shall] have the [force and] effect of law and [shall] supersede all local ordinances and regulations [heretofore or hereafter enacted] inconsistent therewith, except those local ordinances and regulations which are more stringent than the state [rules and] regulations provided for in this section.

      3.  A copy of every [rule and] regulation adopted by the state board of health and every [rule and] regulation approved by such board pursuant to NRS 439.350 and 439.460, showing the date that any such [rules and] regulations take effect, shall be filed with the secretary of state, and copies of such [rules and] regulations shall be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the citizens of the state.

      Sec. 80.  NRS 444.510 is hereby amended to read as follows:

      444.510  1.  The governing body of every municipality or district board of health created pursuant to NRS 439.370 shall develop a plan to provide for a solid waste management system which shall adequately provide for the disposal of solid waste generated within the boundaries of the municipality or within the area to be served by the system.

      2.  Such governing body may enter into agreements with governing bodies of other municipalities, or with any person, or with a combination thereof, to effectuate the plan provided for in subsection 1 and to provide a solid waste management system, or any part thereof.

      3.  Any plan developed by the governing body of a municipality or district board of health created pursuant to NRS 439.370 shall be submitted to the state department of [human resources] conservation and natural resources for approval. No action [shall] may be taken by any such governing body or district board of health until such plan has been approved.

      4.  Any regulation or plan adopted by the state board of health prior to July 1, 1975, for solid waste management systems shall remain in effect until the regulation or plan is revised by the state environmental commission.


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ê1977 Statutes of Nevada, Page 1139 (Chapter 529, SB 153)ê

 

until the regulation or plan is revised by the state environmental commission.

      Sec. 81.  NRS 444.570 is hereby amended to read as follows:

      444.570  1.  The state environmental commission, through the state department of [human resources,] conservation and natural resources, shall:

      (a) Advise, consult and cooperate with other agencies and commissions of the state, other states, the Federal Government, municipalities and persons in the formulation of plans for and the establishment of any solid waste management system.

      (b) Accept and administer loans and grants from any person that may be available for the planning, construction and operation of solid waste management systems.

      (c) Make such investigations and inspections as may be necessary to require compliance with NRS 444.450 to 444.560, inclusive, and any regulation adopted by the state environmental commission.

      2.  The state environmental commission shall:

      (a) Develop a statewide solid waste management system plan in cooperation with governing bodies of municipalities.

      (b) Examine and approve or disapprove plans for solid waste management systems.

      [(c) Make such investigations and inspections as may be necessary to require compliance with NRS 444.450 to 444.560, inclusive, and any regulation adopted by the state environmental commission.]

      Sec. 82.  NRS 444.590 is hereby amended to read as follows:

      444.590  The state department of [human resources] conservation and natural resources is hereby designated the state agency for such purposes as are required by the [Solid Waste Disposal Act (42 U.S.C. §§ 3251-3259).] Resource Conservation and Recovery Act of 1976 (Public Law 94-580).

      Sec. 83.  NRS 444.600 is hereby amended to read as follows:

      444.600  In addition to any other remedies provided in NRS 444.450 to 444.590, inclusive, the state department of [human resources] conservation and natural resources may bring an action in the district court having jurisdiction over the area where the alleged violation occurs, to enjoin a violation of NRS 444.450 to 444.560, inclusive, or any regulation adopted by the state environmental commission.

      Sec. 84.  NRS 445.080 is hereby amended to read as follows:

      445.080  1.  [It is unlawful for any person, firm, association or corporation to construct:

      (a) A dwelling;

      (b) A building for human occupancy;

      (c) A building for commercial purposes;

      (d) A system for the procurement or distribution of drinking water; or

      (e) A system for the collection or disposal of sewage or other wastes,

in any of that portion of Nevada from which water drains into Lake Tahoe, designated in NRS 445.090 to 445.120, inclusive, as the Lake Tahoe Watershed, without first having secured written permission from the bureau of environmental health of the health division of the department of human resources.


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ê1977 Statutes of Nevada, Page 1140 (Chapter 529, SB 153)ê

 

Tahoe Watershed, without first having secured written permission from the bureau of environmental health of the health division of the department of human resources.

      2.]  It is unlawful for any person, firm, association or corporation to:

      (a) Construct a pier, breakwater or marina in or to alter the shoreline of Lake Tahoe;

      (b) Remove gravel, sand or similar material from Lake Tahoe; or

      (c) Deposit any fill or deleterious material in Lake Tahoe,

without first having secured written permission from the [bureau of environmental health of the health division of the department of human resources.] state department of conservation and natural resources.

      [3.] 2.  Construction or alteration of the Lake Tahoe shoreline below the high water elevation (6,229.1 feet) requires written permission from the [bureau of environmental health of the health division of the department of human resources.] state department of conservation and natural resources.

      [4.] 3.  A permit shall be denied when the source of domestic water or the place of disposal of sewage or other wastes would create a health hazard or the quality of Lake Tahoe waters would be impaired.

      Sec. 85.  NRS 445.090 is hereby amended to read as follows:

      445.090  1.  Except as provided in subsection 2, the direct discharge of sewage or other wastes into Lake Tahoe, or within 100 feet of the established high water rim of Lake Tahoe, or within 100 feet of a stream, reservoir, spring, well or other water supply in the Lake Tahoe Watershed is prohibited.

      2.  Where disposal of sewage or other waste by reason of property characteristics, topography or other limitations cannot be provided other than within 100 feet of Lake Tahoe, then the [bureau of environmental health of the health division of the department of human resources] state department of conservation and natural resources shall issue the required permit subject to installation and operation of such sewage works as may be necessary to provide protection to the Lake Tahoe water and the Lake Tahoe Watershed.

      Sec. 86.  NRS 445.100 is hereby amended to read as follows:

      445.100  1.  The [bureau of environmental health of the health division of the department of human resources:

      (a) Is authorized to enforce] state environmental commission may adopt reasonable regulations [adopted, amended or promulgated by the state environmental commission and] consistent with law governing the Lake Tahoe Watershed area to carry out the purpose and intent of NRS 445.080 to 445.120, inclusive.

      2.  The state department of conservation and natural resources:

      (a) May enforce the regulations of the state environmental commission with respect to the provisions of NRS 445.080 to 445.120, inclusive.

      (b) [Shall have the right and authority to] May enter on any property within the Lake Tahoe Watershed area for the purpose of inspecting such premises to determine whether or not [the same] they are in conformity with the provisions of NRS 445.080 to 445.120, inclusive.

      [2.] 3.  All regulations and standards adopted by the state board of health pertaining to the protection of Lake Tahoe and its watershed in force on July 1, 1975, [shall] remain in effect until revised by the state environmental commission pursuant to NRS 445.080 to 445.120, inclusive.


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ê1977 Statutes of Nevada, Page 1141 (Chapter 529, SB 153)ê

 

of health pertaining to the protection of Lake Tahoe and its watershed in force on July 1, 1975, [shall] remain in effect until revised by the state environmental commission pursuant to NRS 445.080 to 445.120, inclusive.

      Sec. 87.  Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 88 to 90, inclusive, of this act.

      Sec. 88.  “Administrator” means the executive head of the division.

      Sec. 89.  “Division” means the division of environmental protection of the department.

      Sec. 90.  1.  The administrator shall be selected with special reference to his training, experience, capacity and interest in the field of environmental protection and ability to administer and direct the work of a public agency.

      2.  The administrator shall not be a person who receives or has received during the previous 2 years a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, and sections 88 to 90, inclusive, of this act. The disqualification provided in this subsection does not apply with respect to significant income received from any department or agency of state government which may be a holder of or an applicant for such a permit.

      Sec. 91.  NRS 445.131 is hereby amended to read as follows:

      445.131  NRS 445.131 to 445.354, inclusive, [shall be known and] and sections 88 to 90, inclusive, of this act may be cited as the Nevada Water Pollution Control Law.

      Sec. 92.  NRS 445.133 is hereby amended to read as follows:

      445.133  As used in NRS 445.131 to 445.354, inclusive, and sections 88 to 90, inclusive, of this act unless the context otherwise requires, the terms defined in NRS 445.141 to 445.196, inclusive, and sections 88 and 89 of this act have the meanings ascribed to them in those sections.

      Sec. 93.  NRS 445.146 is hereby amended to read as follows:

      445.146  “Department” means the state department of [human resources.] conservation and natural resources.

      Sec. 94.  NRS 445.214 is hereby amended to read as follows:

      445.214  The director has the following powers and duties:

      1.  To perform any acts consistent with the requirements of [NRS 445.131 to 445.354, inclusive, and the requirements of] state and federal water pollution control legislation and conditions thereof relating to participation in and administration by this state of the National Pollutant Discharge Elimination System;

      2.  To administer and enforce the provisions of NRS 445.131 to 445.354, inclusive, and all rules, regulations and standards promulgated by the commission, and all orders and permits promulgated or issued [hereunder] by the department;

      3.  To examine and approve or disapprove plans and specifications for the construction and operation by a political subdivision of new sewerage systems and treatment works and extensions, modifications of or additions to new or existing sewerage systems or treatment works;

      4.  To advise, consult and cooperate with other agencies of the state, the Federal Government, other states, interstate agencies and with other persons in furthering the purposes of NRS 445.131 to 445.354, inclusive;

 


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ê1977 Statutes of Nevada, Page 1142 (Chapter 529, SB 153)ê

 

the Federal Government, other states, interstate agencies and with other persons in furthering the purposes of NRS 445.131 to 445.354, inclusive;

      5.  To qualify for, accept and administer loans and grants from the Federal Government and from other sources, public or private, for carrying out any functions under NRS 445.131 to 445.354, inclusive;

      6.  To encourage, request, participate in or conduct studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;

      7.  To maintain and to require others to maintain records, monitoring devices and procedures for making inspections and obtaining samples necessary to prepare reports;

      8.  To collect and disseminate information to the public as the director deems advisable and necessary for the discharge of his duties under NRS 445.131 to 445.354, inclusive;

      9.  To develop comprehensive plans and programs for preventing, reducing or eliminating pollution, with due regard to the improvements which are necessary to conserve such waters for the protection and propagation of fish and aquatic life, wildlife, recreational purposes, public water supply, agricultural, industrial and other purposes;

      10.  To certify all costs and expenditures for any facility, land, building, machinery, equipment, treatment works, sewerage or disposal systems which are acquired, constructed or installed in conformity with the purposes of NRS 445.131 to 445.354, inclusive;

      11.  To hold hearings, to issue notices of hearings, to issue subpenas requiring the attendance of witnesses and the production of evidence, to administer oaths, and to take testimony as the director finds necessary to carry out the provisions of NRS 445.131 to 445.354, inclusive;

      12.  To exercise all incidental powers necessary to carry out the purposes of NRS 445.131 to 445.354, inclusive; and

      13.  To delegate to the division any function or authority granted to him under NRS 445.131 to 445.354, inclusive.

      Sec. 95.  NRS 445.424 is hereby amended to read as follows:

      445.424  “Department” means the state department of [human resources.] conservation and natural resources.

      Sec. 96.  NRS 445.451 is hereby amended to read as follows:

      445.451  1.  The state environmental commission is hereby created [as a division of] in the state department of conservation and natural resources. The commission [shall consist] consists of:

      (a) The director of the Nevada department of fish and game;  

      (b) The state forester firewarden;

      (c) The state engineer;

      (d) The executive director of the state department of agriculture;

      (e) A member of the state board of health to be designated by that board; and

      (f) Four members appointed by the governor who have a demonstrated knowledge and expertise.

      2.  All gubernatorial appointees shall serve at the pleasure of the governor.

      3.  The governor shall appoint the chairman of the commission from among the nine members.


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ê1977 Statutes of Nevada, Page 1143 (Chapter 529, SB 153)ê

 

      4.  Six members of the commission shall constitute a quorum and a majority of those present must concur in any decision.

      5.  Each member is entitled to receive traveling expenses and subsistence allowances as provided in NRS 281.160.

      6.  Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection [shall] does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.

      7.  Any vacancy created in the commission because of disqualification under subsection 6 shall be filled by appointment by the governor.

      8.  The state department of [human resources] conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including but not limited to, the department of highways, [the state department of conservation and natural resources,] the Nevada department of fish and game, the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.

      Sec. 97.  NRS 445.660 is hereby amended to read as follows:

      445.660  In furtherance of the provisions of NRS 445.610 to 445.710, inclusive, and the enforcement thereof, the state department of [human resources] conservation and natural resources shall consult with the department of motor vehicles and furnish them with technical information, including testing techniques, standards promulgated by the commission and instruction for emission control features and equipment.

      Sec. 98.  NRS 472.030 is hereby amended to read as follows:

      472.030  1.  The state board of forestry and fire control is hereby created [.] in the division of forestry of the state department of conservation and natural resources. The board shall consist of seven members appointed by the governor. The governor shall make his appointments as follows:

      (a) One member from the Nevada Woolgrowers Association;

      (b) One member from the Nevada State Cattlemen’s Association;

      (c) One member who shall be a representative of the agricultural industry;

      (d) One member who shall be an active participant in outdoor activities connected with fish and wildlife;

      (e) One member who shall be a representative of the lumber and forest products industry;

      (f) One member who shall be a representative of the public at large; and

      (g) One member who shall be a representative of the fire services.


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ê1977 Statutes of Nevada, Page 1144 (Chapter 529, SB 153)ê

 

      2.  Immediately following July 1, 1955, the governor shall appoint:

      (a) One member from the Nevada Woolgrowers Association and one member from the Nevada State Cattlemen’s Association for terms of 2 years.

      (b) One member who shall be a representative of the agricultural industry for a term of 3 years.

      (c) One member who shall be a representative of the lumber and forest products industry and one member who shall be a representative of the public at large for terms of 4 years.

Thereafter, appointments shall be for terms of 4 years.

      3.  Immediately following July 1, 1959, and every fourth year thereafter, the governor shall appoint one member who shall be an active participant in outdoor activities connected with fish and wildlife and one member who shall be a representative of the public at large for terms of 4 years.

      4.  Upon the first expiration of the term of a member representing the public at large, the governor shall appoint one member who shall be a representative of the fire services for a term of 4 years; and if a vacancy sooner occurs as to either of the public representatives, he shall appoint a representative of the fire services to fill the vacancy.

      5.  A vacancy shall be filled by the governor for the unexpired term.

      6.  The board shall select a chairman from among its members to serve for 1 year. The state forester firewarden shall serve as the secretary of the board.

      7.  The board shall meet twice yearly, once in the spring and once in the fall of the year, the date to be fixed by the secretary at any convenient place in the state, and may meet at other times upon call by the secretary.

      8.  The members of the board shall receive no compensation for their services, but shall be entitled to mileage and per diem expenses the same as other state officers.

      9.  [The duties of the board shall be:

      (a) To represent the interests of the State of Nevada in federal land matters pertaining to watershed resources, forestry and fire control; and

      (b) To protect the interests of the State of Nevada in forest and watershed resources on state and private lands.

      10.] The board shall [assist] advise the director of the state department of conservation and natural resources [to determine, establish and maintain] on matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection. The general policies for the guidance of the state forester firewarden shall be determined and designated by the director of the state department of conservation and natural resources after consultation with the board.

      Sec. 99.  NRS 472.040 is hereby amended to read as follows:

      472.040  1.  The [duties of the] state forester firewarden shall: [be to:]

      (a) Supervise or coordinate all forestry and watershed work on state- and privately-owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private individuals.


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ê1977 Statutes of Nevada, Page 1145 (Chapter 529, SB 153)ê

 

      (b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and [to] perform such other duties as might be designated by the director of the state department of conservation and natural resources [, the state board of forestry and fire control] or by state law.

      (c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.

      (d) Designate the boundaries of each area of the state where the construction of buildings on forested lands creates such a fire hazard as to require the imposition of roofing materials standards. [established pursuant to paragraph (e).]

      (e) Make and enforce [rules and] regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas. [designated pursuant to paragraph (d).]

      2.  The state forester firewarden [is authorized] in carrying out the provisions of this chapter [to:] may:

      (a) Appoint such paid foresters and firewardens as he may deem necessary to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board or boards of county commissioners of the county or counties concerned, and when so appointed the foresters and firewardens shall have only the police powers necessary to enforce the provisions of such laws.

      (b) Appoint, in such number and localities as he may deem proper, suitable citizen-wardens who shall have all of the police powers of paid firewardens. Such citizen-wardens shall serve voluntarily except that they may receive compensation when an emergency is declared by the state forester firewarden or his duly appointed and authorized assistants.

      (c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Such voluntary firewardens shall have all of the police powers of paid firewardens, but they shall receive no compensation for their services.

      (d) Appoint certain paid foresters or firewardens to be arson investigators, who shall be peace officers as provided in NRS 169.125. The provisions of this paragraph shall not constitute such investigators as police officers or firemen for the purposes of NRS 286.510.

      (e) Employ, with the consent of the director of the state department of conservation and natural resources, clerical assistance, county and district coordinators, patrolmen, firefighters, and other employees as needed, and [to] expend such sums as may be necessarily incurred for this purpose.

      (f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.

      (g) With the approval of the director of the state department of conservation and natural resources and the state board of examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property [shall] may be purchased or accepted unless an examination of the title shows such property to be free from encumbrances, with title vested in the grantor.


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ê1977 Statutes of Nevada, Page 1146 (Chapter 529, SB 153)ê

 

real property [shall] may be purchased or accepted unless an examination of the title shows such property to be free from encumbrances, with title vested in the grantor. The title to such real property shall be examined and approved by the attorney general.

      3.  The state forester firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the director of the state department of conservation and natural resources.

      Sec. 100.  NRS 472.043 is hereby amended to read as follows:

      472.043  1.  It is the purpose of this section to provide for the maintenance of forest and vegetative cover on forest and watershed land, to conserve water and soil and to prevent destructive floods.

      2.  The state forester firewarden, with the approval of the director of the state department of conservation and natural resources, may:

      (a) Enter into contracts with any state or federal public agency, municipal corporation, or any person, firm or private corporation to establish and preserve forest and vegetative cover on forest or watershed lands.

      (b) Conduct surveys and studies, formulate plans and perform all acts incidental to the establishment and maintenance of forest and vegetative cover on forest and watershed lands, including any work necessary to accomplish such purposes.

      3.  In entering into contracts the state forester firewarden shall give priority to, but not be limited to, situations where:

      (a) The natural vegetative cover has been destroyed or denuded to the extent that precipitation may create floods and serious soil depletion and erosion.

      (b) The denuded area is of a size, and the topography and soil characteristics are of such a nature, that soil loss and floods will have a significant effect upon watershed values and the public welfare.

      (c) The vegetative cover will not be restored by natural means in time effectively to prevent undue erosion and flood runoff.

      (d) The natural succession of vegetation may be detrimental to the public welfare.

      4.  The state forester firewarden, or his agents, with the approval of the director of the state department of conservation and natural resources, may enter into cooperative agreements with federal agencies, counties, county fire protection districts, cities and private landowners for the purposes set forth in this section.

      Sec. 101.  NRS 472.050 is hereby amended to read as follows:

      472.050  1.  The state forester firewarden, [is authorized and directed to] with the approval of the director of the state department of conservation and natural resources, may represent the State of Nevada in negotiating and entering into agreements with the Federal Government for the purpose of securing cooperation in forest management and the protection of the forest and watershed areas of Nevada from fire, and [to] enter into such other agreements with boards of county commissioners, municipalities, organizations and individuals in the State of Nevada owning lands therein, as are necessary in carrying out the terms of the federal agreements or that will otherwise promote and encourage forest management and the protection from fire of forest or other lands having an inflammable cover.


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ê1977 Statutes of Nevada, Page 1147 (Chapter 529, SB 153)ê

 

agreements or that will otherwise promote and encourage forest management and the protection from fire of forest or other lands having an inflammable cover.

      2.  Any federal [funds] money allotted to the State of Nevada under the terms of the federal agreements and such other [funds] money as may be received by the state for the management and protection of forests and watershed areas therein shall be deposited in the division of forestry account in the state general fund. [in the state treasury.]

      Sec. 102.  NRS 472.060 is hereby amended to read as follows:

      472.060  Any fire protection district and board or boards of county commissioners of the State of Nevada [are authorized:

      1.  To enter] may:

      1.  Enter into cooperative agreements with the state forester firewarden [,] subject to the approval of the director of the state department of conservation and natural resources, acting for the state, [also] and with other counties, organizations and individuals, to prevent and suppress outdoor fires.

      2.  [To appropriate] Appropriate and expend funds for the payment of wages and expenses incurred in fire prevention and fire suppression; for the purchase, construction and maintenance of forest protection improvements and equipment; and for paying other expenses incidental to the protection of forest and other lands from fire, including any portion of the office and travel expense of the [state forester firewarden] division of forestry incurred in carrying out the provisions of any cooperative agreements with the State of Nevada.

      Sec. 103.  NRS 472.070 is hereby amended to read as follows:

      472.070  The state forester firewarden [,] with the approval of the director of the state department of conservation and natural resources, fire protection districts, and the boards of county commissioners, [either] separately or collectively, [are authorized to] may enter into agreements with the United States Forest Service, United States Bureau of Land Management, and other fire protection agencies, to provide for placing any or all portions of the fire protection work under the direction of the agency concerned, under such terms as the contracting parties deem equitable, and [are authorized to] may place any or all funds appropriated or otherwise secured for forest protection in the cooperative work fund of the respective agency for disbursement by that agency for the purposes stated in the agreements and otherwise in conformity with the terms thereof.

      Sec. 104.  NRS 474.480 is hereby amended to read as follows:

      474.480  1.  The board of fire commissioners shall plan for the prevention and extinguishment of fires in the territory of the county described by NRS 474.460, in cooperation with the state forester firewarden [and the state board of forestry and fire control] to coordinate the fire protection activities of the districts with the fire protection provided by the [state board of forestry and fire control] division of forestry of the state department of conservation and natural resources and by federal agencies, in order that the state forester firewarden [and the state board of forestry and fire control] may establish a statewide plan for the prevention and control of large fires, mutual aid among the districts, training of personnel, supply, finance and other purposes to promote fire protection on a statewide basis.


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ê1977 Statutes of Nevada, Page 1148 (Chapter 529, SB 153)ê

 

personnel, supply, finance and other purposes to promote fire protection on a statewide basis.

      2.  Through inspection and recommendation, the state forester firewarden shall standardize the fire protection equipment and facilities of the districts to facilitate mutual aid among the districts.

      Sec. 105.  NRS 481.0481 is hereby amended to read as follows:

      481.0481  1.  There is hereby created, within the registration division of the department, a section known as the vehicle emission control section.

      2.  The director shall appoint, within the limits of legislative appropriations, vehicle emission control officers in the vehicle emission control section.

      3.  The duties of the vehicle emission control officers shall be to travel the state and:

      (a) Act as agents and inspectors in the enforcement of the provisions of NRS 445.610 to 445.710, inclusive, chapter 482 of NRS and NRS 484.644 and 484.6441.

      (b) Cooperate with [personnel of the state environmental commission] the division of environmental protection of the state department of conservation and natural resources in all matters pertaining to vehicle emission control.

      (c) Perform such other duties as may be imposed by the director.

      4.  Vehicle emission control officers [shall] have the powers of peace officers in carrying out their duties under this section but shall not be deemed police officers for purposes of chapter 286 of NRS.

      Sec. 106.  Chapter 513 of NRS is hereby amended by adding thereto the provisions set forth as sections 107 to 113, inclusive, of this act.

      Sec. 107.  As used in this chapter, unless the context requires otherwise:

      1.  “Administrator” means the administrator of the division.

      2.  “Board” means the oil, gas and mining board.

      3.  “Division” means the division of mineral resources in the state department of conservation and natural resources.

      Sec. 108.  The division of mineral resources in the state department of conservation and natural resources is hereby created.

      Sec. 109.  1.  The administrator shall:

      (a) Be selected with special reference to his training, experience, capability and interest in the field of mineral resources.

      (b) Devote his entire time and attention to his duties as a public officer and shall not pursue any other business or occupation or hold any other office of profit.

      2.  The administrator is responsible for the administration of all provisions of law relating to functions of the division.

      3.  The administrator may employ, within the limits of legislative appropriations and pursuant to the provisions of chapter 284 of NRS, such staff as is necessary to the performance of his duties.

      4.  The administrator and employees of the division are entitled to receive the travel expenses and subsistence allowances provided by law.

      Sec. 110.  The division shall:


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ê1977 Statutes of Nevada, Page 1149 (Chapter 529, SB 153)ê

 

      1.  Study means of furthering the mining industry of the state, including large and small mining operations and prospecting activities.

      2.  Study means of further exploring and developing the oil and gas industry of the state.

      3.  Review and evaluate the policies of the Federal Government as they affect the mining oil and gas industries of the state, including mining and mineral leasing activities on the public lands.

      4.  Administer the oil and gas conservation laws.

      Sec. 111.  The division may request assistance from the bureau of mines and geology of the State of Nevada, the state analytical laboratory and the state engineer and cooperate with them in carrying out the purposes of this chapter.

      Sec. 112.  1.  There is hereby created in the division the oil, gas and mining board consisting of seven members appointed by the governor.

      2.  The members of the board shall be appointed as follows:

      (a) Four members shall represent the mining industry;

      (b) One member shall represent the oil and gas industry; and

      (c) Two members shall represent the general public.

      3.  Except for the initial terms, the appointments shall be for terms of 4 years.

      4.  Any vacancy shall be filled by the governor for the unexpired term.

      5.  Members of the board receive no compensation but are entitled to receive the travel expenses and subsistence allowances provided by law.

      6.  The members of the board shall select a chairman from among their number.

      Sec. 113.  The oil, gas and mining board shall serve in an advisory capacity to the administrator on mineral resource matters.

      (There are no sections 114 through 120.)

      Sec. 121.  NRS 522.020 is hereby amended to read as follows:

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

      1.  [“Commission” shall mean the Nevada oil and gas conservation commission.

      2.] “Correlative rights” shall mean the opportunity afforded, so far as it is practicable to do so, to the owner of each property in a pool to produce without waste his just and equitable share of the oil or gas, or both, in the pool; being an amount, so far as can be practically determined, and so far as can practicably be obtained without waste, substantially in the proportion that the quantity of recoverable oil or gas, or both, under such property bears to the total recoverable oil or gas, or both, in the pool, and for such purposes to use his just and equitable share of the reservoir energy.

      2.  “Division” means the division of mineral resources of the state department of conservation and natural resources.

      3.  “Field” shall mean the general area which is underlain or appears to be underlain by at least one pool; and “field” shall include the underground reservoir or reservoirs containing oil or gas. The words “pool” and “field” mean the same thing when only one underground reservoir is involved; however, “field” unlike “pool” may relate to two or more pools.


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ê1977 Statutes of Nevada, Page 1150 (Chapter 529, SB 153)ê

 

is involved; however, “field” unlike “pool” may relate to two or more pools.

      4.  “Gas” shall mean and include all natural gas and all hydrocarbons produced at the wellhead not defined herein as oil.

      5.  “Oil” shall mean and include crude petroleum oil and other hydrocarbons regardless of gravity which are produced at the wellhead in liquid form and the liquid hydrocarbon known as distillate or condensate recovered or extracted from gas, other than gas produced in association with oil and commonly known as casinghead gas.

      6.  “Owner” shall mean and include the person who has the right to drill into and produce from a pool and to appropriate the oil and gas he produced therefrom for himself and others.

      7.  “Person” means and includes any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind, and includes any department, agency or instrumentality of the state or any governmental subdivision thereof. The masculine gender, in referring to a person, includes the feminine and the neuter genders.

      8.  “Pool” shall mean an underground reservoir containing, or appearing to contain, a common accumulation of oil or gas. Each zone of a general structure which is completely separated from any other zone in the structure is covered by the term “pool” as herein used.

      9.  “Producer” shall mean and include the owner of a well or wells capable of producing oil or gas or both.

      10.  “Waste” shall mean, in addition to its ordinary meaning, “Physical waste” and shall include:

      (a) The inefficient, excessive, or improper use of, or unnecessary dissipation of, reservoir energy; and the locating, spacing, drilling, equipping, operating or producing of any oil or gas well in a manner which results or tends to result in reducing the quantity of oil or gas to be recovered from any pool in this state under operations conducted in accordance with good oilfield engineering practices.

      (b) The inefficient aboveground storage of oil; and the locating, spacing, drilling, equipping, operating or producing of any oil or gas well in a manner causing, or tending to cause, unnecessary or excessive surface loss or destruction of oil or gas.

      (c) Producing oil or gas in such manner as to cause unnecessary water channeling or coning.

      (d) The operation of an oil well with an inefficient gas-oil ratio.

      (e) The drowning with water of any pool or part thereof capable of producing oil or gas, except insofar as, and to the extent, authorized by the commission hereunder.

      (f) Underground waste.

      (g) The creation of unnecessary fire hazards.

      (h) The escape into the open air, from a well producing oil or gas, of gas in excess of the amount which is reasonably necessary in the efficient production of the well.

      (i) The use of gas for the manufacture of carbon black, except as provided for in this chapter.

      11.  The word “and” includes the word “or” and the use of the word “or” includes the word “and.”


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ê1977 Statutes of Nevada, Page 1151 (Chapter 529, SB 153)ê

 

      12.  The use of the plural includes the singular and the use of the singular includes the plural.

      Sec. 122.  NRS 522.040 is hereby amended to read as follows:

      522.040  1.  The [commission] division has jurisdiction and authority over all persons and property, public and private, necessary to effectuate the purposes and intent of this chapter.

      2.  The [commission] division has authority and it is its duty to make investigation to determine whether waste exists or is imminent, or whether other facts exist which justify or require action by it hereunder.

      3.  The [commission] division shall make rules, regulations and orders and shall take other appropriate action to effectuate the purposes of this chapter.

      4.  The administrator of the division may administer oaths to witnesses in any hearing, investigation or proceeding under this chapter.

      5.  The [commission] division has authority:

      (a) To require:

             (1) Identification or ownership of wells, producing leases, tanks, plants and drilling structures.

             (2) The making and filing of reports, well logs and directional surveys; provided that logs of exploratory or “wildcat” wells marked “confidential” shall be kept confidential for 6 months after the filing thereof, unless the owner gives written permission to release such logs at an earlier date.

             (3) The drilling, casing and plugging of wells in such a manner as to prevent the escape of oil or gas out of one stratum into another, the intrusion of water into an oil or gas stratum, the pollution of fresh water supplies by oil, gas or salt water, and to prevent blowouts, cavings, seepages and fires.

             (4) The furnishing of a reasonable bond with good and sufficient surety conditioned for the performance of the duty to plug each dry or abandoned well or the repair of wells causing waste.

             (5) The operation of wells with efficient gas-oil and water-oil ratios, and to fix these ratios.

             (6) The gauging or other measuring of oil and gas to determine the quality and quantity thereof.

             (7) That every person who produces oil or gas in this state shall keep and maintain for a period of 5 years within this state complete and accurate record of the quantities thereof, which shall be available for examination by the [commission] division or its agents at all reasonable times.

      (b) To regulate, for conservation purposes:

             (1) The drilling, producing and plugging of wells.

             (2) The shooting and chemical treatment of wells.

             (3) The spacing of wells.

             (4) The disposal of salt water, nonpotable water and oil field wastes.

             (5) The contamination or waste of underground water.

      (c) To classify wells as oil or gas wells for purposes material to the interpretation or enforcement of this chapter.

      Sec. 123.  NRS 522.050 is hereby amended to read as follows:

      522.050  A person desiring to drill a well in search of oil or gas shall notify the [commission] division of such intent on a form prescribed by the [commission] division and shall pay a fee of $50 for a permit for each well.


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ê1977 Statutes of Nevada, Page 1152 (Chapter 529, SB 153)ê

 

the [commission] division and shall pay a fee of $50 for a permit for each well. Upon receipt of notification and fee, the [commission] division shall promptly issue such a person a permit to drill, unless the drilling of the well is contrary to law or a rule, regulation or order of the [commission.] division. The drilling of a well is prohibited until a permit to drill is obtained in accordance with the provisions of this chapter.

      Sec. 124.  NRS 522.060 is hereby amended to read as follows:

      522.060  1.  For the prevention of waste, to protect and enforce the correlative rights of lessees in a pool, and to avoid the augmenting and accumulation of risks arising from the drilling of an excessive number of wells, or the reduced recovery which might result from too small a number of wells, the [commission] division shall, after a hearing, establish a drilling unit or units for each pool. The establishment of a unit for gas shall be limited to the production of gas.

      2.  Each well permitted to be drilled on a drilling unit shall be drilled under such rules and regulations and in accordance with such spacing pattern as the [commission] division shall prescribe for the pool in which the well is located. Exceptions to the rules and spacing pattern may be granted where it is shown, after notice and hearing, that the unit is partly outside the pool, or for some other reason, a well so located on the unit would be nonproductive, or topographical conditions are such as to make the drilling at such a location unduly burdensome. In the event an exception is granted, the [commission] division shall take such action as will offset any advantage which the person securing the exception may have over other producers by reason of the drilling of the well as an exception, and so that drainage from developed units to the tract with respect to which the exception is granted will be prevented or minimized, and the producer of the well drilled as an exception will be allowed to produce no more than a just and equitable share of the oil and gas in the pool.

      3.  When two or more separately owned tracts of land are embraced within an established drilling unit, persons owning the drilling rights therein and the right to share in the production therefrom may agree to pool their interests and develop their lands as a drilling unit. In the event such persons do not agree to pool their interests, the [commission] division may, for the prevention of waste, for the protection of correlative rights, or to avoid the drilling of unnecessary wells, enter an order pooling and integrating their interests for the development of their lands as a drilling unit. Orders effectuating such pooling shall be made after notice and hearing, and shall be upon terms and conditions which will afford to the owner of each tract the opportunity to recover or receive his just and equitable share of the oil and gas in the pool without unnecessary expense. Operations incident to the drilling of a well upon any portion of a unit covered by a pooling order shall be deemed for all purposes to be the conduct of such operation upon each separately owned tract in the unit by the several lessees thereof. The portion of the production allocated to the lessee of each tract included in a drilling unit formed by a pooling order shall, when produced, be considered as if it has been produced from such tract by a well drilled thereon. In the event such pooling is effectuated, the cost of development and operation of the pooled unit chargeable by the operator to the other interested lessees shall be limited to the actual and reasonable expenditures required for such purpose, including a reasonable charge for supervision.


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ê1977 Statutes of Nevada, Page 1153 (Chapter 529, SB 153)ê

 

reasonable expenditures required for such purpose, including a reasonable charge for supervision. As to lessees who refuse to agree upon pooling, the order shall provide for reimbursement for costs chargeable to each lessee out of, and only out of, production from the unit belonging to such lessee. In the event of a dispute relative to such costs, the [commission] division shall, upon notice to all interested parties and hearing thereon, determine the proper costs. Appeals may be taken from such determination as from any other order of the [commission.] division. If one or more of the lessees shall drill and operate, or pay the expense of drilling and operating, the well for the benefit of others, then in addition to any other right conferred by the pooling order, the lessee or lessees so drilling or operating shall have a lien on the share of production from the unit accruing to the interest of each of the other lessees for the payment of his proportionate share of such expenses. All the oil and gas subject to the lien, or so much thereof as shall be necessary, shall be marketed and sold by the creditor, and the proceeds applied in payment of the expenses secured by such lien, with the balance, if any, payable to the debtor.

      4.  The [commission] division shall, in all instances where a unit has been formed out of lands or areas of more than one ownership, require the operator, upon request of a lessee, but subject to the right of the operator to market production and collect the proceeds with respect to a lessee in default, as provided in subsection 3 of this section, to deliver to the lessee or his assigns his proportionate share of the production from the well common to the drilling unit. The lessee receiving his share shall provide at his own expense proper receptacles for the receipt and storage thereof.

      5.  In the event the persons owning the drilling or other rights in separate tracts embraced within a drilling unit fail to agree upon the pooling of the tracts and the drilling of a well on the unit, and if the [commission] division is without authority to require pooling as provided by this section, then subject to all other applicable provisions of this chapter, the lessee of each tract embraced within the drilling unit may drill on his tract, but the allowable production from the tract shall be such proportion of the allowable production for the full drilling unit as the area of such separately owned tract bears to the full drilling unit.

      Sec. 125.  NRS 522.070 is hereby amended to read as follows:

      522.070  1.  To prevent, or to assist in preventing waste, as prohibited by this chapter, to insure a greater ultimate recovery of oil and gas, and to protect the correlative rights of persons owning interests in the tracts of land affected, such persons may validly integrate their interests to provide for the unitized management, development, and operation of such tracts of land as a unit. Where, however, such persons have not agreed to so integrate their interests, the [commission,] division, upon proper petition, after notice and hearing, as hereinafter provided, shall be vested with jurisdiction, power and authority, and it shall be its duty to make and enforce such orders and do such things as may be necessary or proper to carry out and effectuate the purposes of this section.

      2.  If upon the filing of a petition therefor and after notice and hearing, all in the form and manner and in accordance with the procedure and requirements hereinafter provided, the [commission] division shall find:


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ê1977 Statutes of Nevada, Page 1154 (Chapter 529, SB 153)ê

 

      (a) That the unitized management, operation and further development of a pool or portion thereof is reasonably necessary in order to effectively carry on pressure control, pressure-maintenance or repressuring operations, cycling operations, water-flooding operations, or any combination thereof, or any other form of joint effort calculated to substantially increase the ultimate recovery of oil and gas from the pool; and

      (b) That one or more of the unitized methods of operation as applied to such pool or portion thereof are feasible, will prevent waste and will, with reasonable probability, result in the increased recovery of substantially more oil and gas from the pool than would otherwise be recovered; and

      (c) That the estimated additional cost, if any, of conducting such operations will not exceed the value of the additional oil and gas so recovered; and

      (d) That such unitization and adoption of one or more of such unitized methods of operation is for the common good and will result in the general advantage of the owners of the oil and gas rights within the pool or the portion thereof directly affected, it shall make a finding to that effect and make an order creating the unit and providing for the unitization and unitized operation of the pool or portion thereof described in the order, all upon such terms and conditions, as may be shown by the evidence to be fair, reasonable, equitable, and which are necessary or proper to protect, safeguard and adjust the respective rights and obligations of the several persons affected, including royalty owner, owners of overriding royalties, oil and gas payments, carried interests, mortgages, lien claimants and others, as well as the lessees. The petition shall set forth a description of the proposed unit area with a map or plat thereof attached, must allege the existence of the facts required to be found by the [commission] division as hereinabove provided and shall have attached thereto a recommended plan of unitization applicable to such proposed unit area and which the petitioner considers to be fair, reasonable and equitable.

      3.  The order of the [commission] division shall define the area of the pool or portion thereof to be included within the unit area and prescribe with reasonable detail the plan of unitization applicable thereto. Each unit and unit area shall be limited to all or a portion of a single pool. Only so much of a pool as has been defined and determined to be productive of oil and gas by actual drilling operations may be so included within the unit area. A unit may be created to embrace less than the whole of a pool only where it is shown by the evidence that the area to be so included within the unit area is of such size and shape as may be reasonably required for the successful and efficient conduct of the unitized method of operation for which the unit is created, and that the conduct thereof will have no material adverse effect upon the remainder of such pool. The plan of unitization for each such unit and unit area shall be one suited to the needs and requirements of the particular unit dependent upon the facts and conditions found to exist with respect thereto. In addition to such other terms, provisions, conditions and requirements found by the [commission] division to be reasonably necessary or proper to effectuate or accomplish the purpose of this chapter, and subject to the further requirements hereof, each such plan of unitization shall contain fair, reasonable and equitable provisions for:

 


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ê1977 Statutes of Nevada, Page 1155 (Chapter 529, SB 153)ê

 

chapter, and subject to the further requirements hereof, each such plan of unitization shall contain fair, reasonable and equitable provisions for:

      (a) The efficient unitized management or control of the further development and operation of the unit area for the recovery of oil and gas from the pool affected. Under such a plan the actual operations within the unit area may be carried on in whole or in part by the unit itself, or by one or more of the lessees within the unit area as the unit operator subject to the supervision and direction of the unit, dependent upon what is most beneficial or expedient. The designation of the unit operator shall be by vote of the lessees in the unit in a manner provided in the plan of unitization and not by the [commission.] division.

      (b) The division of interest or formula for the apportionment and allocation of the unit production among and to the several separately owned tracts within the unit area such as will reasonably permit persons otherwise entitled to share in or benefit by the production from such separately owned tracts to produce and receive, in lieu thereof, their fair, equitable and reasonable share of the unit production or other benefits thereof. A separately owned tract’s fair, equitable and reasonable share of the unit production shall be measured by the value of each such tract for oil and gas purposes and its contributing value to the unit in relation to like values of other tracts in the unit, taking into account acreage, the quantity of oil and gas recoverable therefrom, location on the structure, its probable productivity of oil and gas in the absence of unit operations, the burden of operation to which the tract will or is likely to by subjected, or so many of such factors, or such other pertinent engineering, geological or operating factors, as may be reasonably susceptible of determination. Unit production as that term is used in this chapter shall mean and include all oil and gas produced from a unit area from and after the effective date of the order of the [commission] division creating the unit regardless of the well or tract within the unit area from which the same is produced.

      (c) The manner in which the unit and the further development and operation of the unit area shall or may be financed and the basis, terms and conditions on which the cost and expense thereof shall be apportioned among and assessed against the tracts and interests made chargeable therewith, including a detailed accounting procedure governing all charges and credits incident to such operations. Upon and subject to such terms and conditions as to time and rate of interest as may be fair to all concerned, reasonable provisions shall be made in the plan of unitization for carrying or otherwise financing lessees who are unable to promptly meet their financial obligations in connection with the unit.

      (d) The procedure and basis upon which wells, equipment and other properties of the several lessees within the unit area are to be taken over and used for unit operations, including the method of arriving at the compensation therefor, or of otherwise proportionately equalizing or adjusting the investment of the several lessees in the project as of the effective date of unit operation.

      (e) The creation of an operating committee to have general overall management and control of the unit and the conduct of its business and affairs and the operations carried on by it, together with the creation or designation of such other subcommittees, boards, or officers to function under the authority of the operating committee as may be necessary, proper or convenient in the efficient management of the unit, defining the powers and duties of all such committees, boards and officers, and prescribing their tenure and time and method for their selection.


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ê1977 Statutes of Nevada, Page 1156 (Chapter 529, SB 153)ê

 

designation of such other subcommittees, boards, or officers to function under the authority of the operating committee as may be necessary, proper or convenient in the efficient management of the unit, defining the powers and duties of all such committees, boards and officers, and prescribing their tenure and time and method for their selection.

      (f) The time when the plan of unitization shall become effective.

      (g) The time when and the conditions under which and the method by which the unit shall or may be dissolved and its affairs wound up.

      4.  No order of the [commission] division creating a unit and prescribing the plan of unitization applicable thereto shall become effective unless and until the plan of unitization has been signed or in writing ratified, or approved by the lessees of record of not less than 62.5 percent of the unit area affected thereby and by the owners of record or not less than 62.5 percent (exclusive of royalty interests owned by lessees or by subsidiaries of any lessee) of the normal one-eighth landowners’ royalty interest in and to the unit area, and the [commission] division has made a finding either in the order creating the unit or in a supplemental order that the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area. Where the plan of unitization has not been so signed, ratified or approved by the lessees and royalty owners owning the required percentage interest in and to the unit area at the time the order creating the unit is made, the [commission] division shall, upon petition and notice, hold such additional and supplemental hearings as may be requested or required to determine if and when the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area and shall, in respect to such hearing, make and enter a finding of its determination in such regard. In the event lessees and royalty owners, or either, owning the required percentage interest in and to the unit area have not so signed, ratified or approved the plan of unitization within a period of 6 months from and after the date on which the order creating the unit is made, the order creating the unit shall cease to be of further force and effect and shall be revoked by the [commission.] division.

      5.  Except as otherwise herein expressly provided, all proceedings held under this chapter, including the filing of petitions, the giving of notices, the conduct of hearings and other action taken by the [commission] division shall be in the form and manner and in accordance with the procedure and procedural requirements provided in NRS 522.090, or any amendment thereof with reference to proceedings thereunder. Such additional notice shall be given as may be required by the [commission.] division.

      6.  From and after the effective date of an order of the [commission] division creating a unit and prescribing the plan of unitization applicable thereto, the operation of any well producing from the pool or portion thereof within the unit area defined in the order by persons other than the unit or persons acting under its authority or except in the manner and to the extent provided in such plan of unitization shall be unlawful and is hereby prohibited.


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ê1977 Statutes of Nevada, Page 1157 (Chapter 529, SB 153)ê

 

      7.  The obligation or liability of the lessees or other owners of the oil and gas rights in the several separately owned tracts for the payment of unit expense shall at all times be several and not joint or collective and in no event shall a lessee or other owner of the oil and gas rights in the separately owned tract be chargeable with, obligated or liable, directly or indirectly, for more than the amount apportioned, assessed or otherwise charged to his interest in such separately owned tract pursuant to the plan of unitization and then only to the extent of the lien provided for in this chapter.

      8.  Subject to such reasonable limitations as may be set out in the plan of unitization, the unit shall have a first and prior lien upon the leasehold estate and all other oil and gas rights (exclusive of a one-eighth landowners’ royalty interest) in and to each separately owned tract, the interest of the owners thereof in and to the unit production and all equipment in the possession of the unit, to secure the payment of the amount of the unit expense charged to and assessed against such separately owned tract. The interest of the lessee or other persons who by lease, contract or otherwise are obligated or responsible for the cost and expense of developing and operating a separately owned tract for oil and gas in the absence of unitization, shall, however, be primarily responsible for and charged with any assessment for unit expense made against such tract and resort may be had to overriding royalties, oil and gas payments, royalty interests in excess of one-eighth of the production, or other interests which otherwise are not chargeable with such cost, only in the event the owner of interest primarily responsible fails to pay such assessment of the production to the credit thereof, or production is insufficient for that purpose. In the event the owner of any royalty interest, overriding royalty, oil or gas payment, or any other interest which under the plan of unitization is not primarily responsible therefor pays in whole or in part the amount of an assessment for unit expense for the purpose of protecting such interest, or the amount of the assessment in whole or in part is deducted from the unit production to the credit of such interest, the owner thereof shall to the extent of such payment or deduction be subrogated to all the rights of the unit with respect to the interest or interests primarily responsible for such assessment. A one-eighth part of the unit production allocated to each separately owned tract shall in all events be regarded as royalty to be distributed to and among, or the proceeds thereof paid to, the royalty owners free and clear of all unit expense and free of any lien therefor.

      9.  Property rights, leases, contracts and all other rights and obligations shall be regarded as amended and modified to the extent necessary to conform to the provisions and requirements of this chapter and to any valid and applicable plan of unitization or order of the [commission] division made and adopted pursuant hereto, but otherwise to remain in full force and effect.

      10.  Nothing contained in this chapter shall be construed to require a transfer to or vesting in the unit of title to the separately owned tracts or leases thereon within the unit area, other than the right to use and operate the same to the extent set out in the plan of unitization; nor shall the unit be regarded as owning the unit production. The unit production and the proceeds from the sale thereof shall be owned by the several persons to whom the same is allocated under the plan of unitization.


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ê1977 Statutes of Nevada, Page 1158 (Chapter 529, SB 153)ê

 

the proceeds from the sale thereof shall be owned by the several persons to whom the same is allocated under the plan of unitization. All property, whether real or personal, which the unit may in any way acquire, hold or possess, shall not be acquired, held or possessed by the unit for its own account but shall be so acquired, held and possessed by the unit for the account and as agent of the several lessees and shall be the property of such lessees as their interests may appear under the plan of unitization, subject, however, to the right of the unit to the possession, management, use or disposal of the same in the proper conduct of its affairs, and subject to any lien the unit may have thereon to secure the payment of unit expense. Neither the unit production or proceeds from the sale thereof, nor the other receipts shall be treated, be regarded, or taxed as income or profits of the unit; but instead, all such receipts shall be the income of the several persons to whom or to whose credit the same are payable under the plan of unitization. To the extent the unit may receive or disburse the receipts it shall only do so as a common administrative agent of the persons to whom the same are payable.

      11.  The amount of the unit production allocated to each separately owned tract within the unit, and only that amount, regardless of the well or wells in the unit area from which it may be produced and regardless of whether it be more or less than the amount of the production from the well or wells, if any, on any such separately owned tract, shall for all intents, uses and purposes be regarded and considered as production from such separately owned tract, and, except as may be otherwise authorized in this chapter, or in the plan of unitization approved by the [commission,] division, shall be distributed among or the proceeds thereof paid to the several persons entitled to share in the production from such separately owned tract in the same manner, in the same proportions, and upon the same condition that they would have participated and shared in the production of proceeds thereof from such separately owned tract had not the unit been organized, and with the same legal force and effect. If adequate provisions are made for the receipt thereof, the share of the unit production allocated to each separately owned tract shall be delivered in kind to the persons entitled thereto by virtue of ownership of oil and gas rights therein or by purchase from such owners subject to the rights of the unit to withhold and sell the same in payment of unit expense pursuant to the plan of unitization, and subject further to the call of the unit on such portions of the gas for operating purposes as may be provided in the plan of unitization.

      12.  No agreement or plan for the development and operation of a field or pool of oil or gas as a unit, if approved by the [commission] division for the purpose of conserving oil or gas, shall be held to violate any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations or conspiracies in restraint of trade or commerce.

      13.  Operations carried on under and in accordance with the plan of unitization shall be regarded and considered as a fullfillment of a compliance with all of the provisions, covenants and conditions, express or implied, of the several oil and gas leases upon lands included with the unit area, or other contracts pertaining to the development thereof insofar as said leases or other contracts may relate to the pool or portion thereof included in the unit area.


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

ê1977 Statutes of Nevada, Page 1159 (Chapter 529, SB 153)ê

 

thereof included in the unit area. Wells drilled or operated on any part of the unit area, no matter where located, shall for all purposes be regarded as wells drilled on each separately owned tract within such unit area.

      14.  Nothing herein or in any plan of unitization shall be contrued as increasing or decreasing the implied covenants of a lease in respect to a common source of supply or lands not included within the unit area of a unit.

      15.  The unit area of a unit may be enlarged to include adjoining portions of the same pool, including the unit area of another unit, and a new unit created for the unitized management, operation and further development of such enlarged unit area, or the plan of unitization may be otherwise amended, all in the same manner, upon the same conditions and subject to the same limitations as herein provided with respect to the creation of a unit in the first instance; except that where the amendment to the plan of unitization relates only to the rights and obligations as between lessees the requirement that the same be signed, ratified and approved by royalty owners of record of not less than 62.5 percent of the unit area shall have no application.

      Sec. 126.  NRS 522.080 is hereby amended to read as follows:

      522.080  The use of gas from a well producing gas only, or from a well which is primarily a gas well, for the manufacture of carbon black or similar products predominantly carbon, is declared to constitute waste prima facie, and such gas well shall not be used for any such purpose unless it is clearly shown at a public hearing to be held by the [commission,] division, on application of the person desiring to use such gas, that waste would not take place by the use of such gas for the purpose or purposes applied for, and that gas which would otherwise be lost is now available for such purpose or purposes, and that the gas to be used cannot be used for a more beneficial purpose, such as for light or fuel purposes, except at prohibitive cost, and that it would be in the public interest to grant such permit. If the [commission] division finds that the applicant has clearly shown a right to use such gas for the purpose or purposes applied for, it shall issue a permit upon such terms and conditions as may be found necessary in order to permit the use of the gas and at the same time require compliance with the intent of this section.

      Sec. 127.  NRS 522.090 is hereby amended to read as follows:

      522.090  1.  The [commission] division shall make no regulation or order, or amendment thereof, except in an emergency, without a public hearing upon at least 10 days’ notice. The public hearing shall be held at such time and place as may be prescribed by the [commission,] division, and any interested person is entitled to be heard.

      2.  Any notice required by this chapter shall be given by personal service on all interested persons; and in the event such personal service cannot be made, then substituted service may be made in the manner provided for substitute service of process under the Nevada Rules of Civil Procedure.

      3.  The [commission] division may act upon its own motion, or upon the petition of any interested person. On the filing of a petition concerning any matter within the jurisdiction of the [commission,] division, the [commission] division shall promptly fix a date for a hearing thereon, and shall cause notice of the hearing to be given.


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

ê1977 Statutes of Nevada, Page 1160 (Chapter 529, SB 153)ê

 

and shall cause notice of the hearing to be given. The hearing shall be held without undue delay after the filing of the petition. The [commission] division shall enter its order within 30 days after the hearing.

      Sec. 128.  NRS 522.100 is hereby amended to read as follows:

      522.100  1.  The [commission] division shall have power to summon witnesses, to administer oaths, and to require the production of records, books and documents for examination at any hearing or investigation conducted by it. No person shall be excused from attending and testifying, or from producing books, papers and records before the [commission] division or a court, or from obedience to the subpena of the [commission] division or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; provided, that nothing herein contained shall be construed as requiring any person to produce any books, papers or records, or to testify in response to any inquiry not pertinent to some question lawfully before such [commission] division or court for determination. No natural person shall be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in spite of his objection, he may be required to testify or produce evidence, documentary or otherwise, before the [commission] division or court, or in obedience to its subpena; provided, that no person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying.

      2.  In case of failure or refusal on the part of any person to comply with the subpena issued by the [commission,] division, or in case of the refusal of any witness to testify as to any matter regarding which he may be interrogated, any court of record in the state, upon application of the [commission,] division, may issue an attachment for such person and compel him to comply with such subpena, and to attend before the [commission] division and produce such records, books and documents for examination, and to give his testimony. Such court shall have the power to punish for contempt as in the case of disobedience to a like subpena issued by the court, or for refusal to testify therein.

      Sec. 129.  NRS 522.110 is hereby amended to read as follows:

      522.110  Within 20 days after written notice of the entry of any order or decision of the [commission,] division, or such further time as the [commission] division may grant for good cause shown, any person affected thereby may file with the [commission] division an application for the rehearing in respect of any matter determined by such order or decision, setting forth the respect in which such order or decision is believed to be erroneous. The [commission] division shall grant or refuse any such application in whole or in part within 10 days after the same is filed, and failure to act thereon within such period is deemed a refusal thereof and a final disposition of such application. In the event the rehearing is granted, the [commission] division may enter such new order or decision after rehearing as may be required under the circumstances.

      Sec. 130.  NRS 522.120 is hereby amended to read as follows:

      522.120  1.  Any person who willfully violates any provision of this chapter, or any rule, regulation or order of the [commission] division shall be subject to a penalty of not more than $1,000 for each act of violation and for each day that such violation continues, unless the penalty for such violation is otherwise provided for and made exclusive in this chapter.


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ê1977 Statutes of Nevada, Page 1161 (Chapter 529, SB 153)ê

 

shall be subject to a penalty of not more than $1,000 for each act of violation and for each day that such violation continues, unless the penalty for such violation is otherwise provided for and made exclusive in this chapter.

      2.  If any person, for the purpose of evading this chapter, or any rule, regulation or order of the [commission,] division, shall make or cause to be made any false entry in any record, account or memorandum required by this chapter, or by any such rule, regulation or order, or shall omit, or cause to be omitted, from any such record, account or memorandum, full, true and correct entries as required by this chapter, or by any such rule, regulation or order, or shall remove from this state or destroy, mutilate, alter or falsify any such record, account or memorandum, such person shall be guilty of a gross misdemeanor.

      3.  Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter, or any rule, regulation or order of the [commission] division shall be subject to the same penalty as that prescribed by this chapter for the violation by such other person.

      4.  The penalties provided in this section shall be recoverable by suit filed by the attorney general in the name and on behalf of the commission in the district court of the county in which the defendant resides or in which any defendant resides, if there be more than one defendant, or in the district court of any county in which the violation occurred. The payment of any such penalty shall not operate to relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of such violation.

      Sec. 131.  NRS 522.130 is hereby amended to read as follows:

      522.130  1.  Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any rule, regulation or order of the [commission,] division, the [commission] division shall bring suit against such person in the district court of any county where the violation occurs or is threatened to restrain such person from continuing such violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to such person may be directed to the sheriff of any county in this state for service by such sheriff or his deputies. In any such suit, the court shall have jurisdiction to grant to the [commission,] division, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant.

      2.  If the [commission] division shall fail to bring suit to enjoin a violation or threatened violation of any provisions of this chapter, or any rule, regulation or order of the [commission,] division, within 10 days after receipt of written request to do so by any person who is or will be adversely affected by such violation, the person making such request may bring suit in his own behalf to restrain such violation or threatened violation in any court in which the [commission] division might have brought suit. If, in such suit, the court should hold that injunctive relief should be granted, then the [commission] division shall be made a party and shall be substituted for the person who brought the suit, and the injunction shall be issued as if the [commission] division had at all times been the plaintiff.


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ê1977 Statutes of Nevada, Page 1162 (Chapter 529, SB 153)ê

 

      Sec. 132.  NRS 522.140 is hereby amended to read as follows:

      522.140  As the State of Nevada is a sovereign state and not disposed to jeopardize or surrender any of its sovereign rights, this chapter shall apply to all lands in the State of Nevada lawfully subject to its police powers; provided, it shall apply to lands of the United States or to lands subject to the jurisdiction of the United States only to the extent that control and supervision of conservation of oil and gas by the United States on its lands shall fail to effect the intent and purposes of this chapter and otherwise shall apply to such lands to such extent as an officer of the United States having jurisdiction, or his duly authorized representative, shall approve any of the provisions of this chapter or the order or orders of the [commission] division which affects such lands; and, furthermore, the same shall apply to any lands committed to a unit agreement approved by the Secretary of the Interior of the United States or his duly authorized representative, except that the [commission] division may, under such unit agreements, suspend the application of this chapter or any part of this chapter so long as the conservation of oil and gas and the prevention of waste as in this chapter provided is accomplished thereby, but such suspension shall not relieve any operator from making such reports as are necessary or advised to be fully informed as to operations under such agreement and as the [commission] division may require under this chapter.

      Sec. 133.  NRS 522.150 is hereby amended to read as follows:

      522.150  1.  All moneys collected under the provisions of this chapter shall be remitted to the state treasurer, and by him shall be credited to a special fund known as the oil and gas conservation fund, which fund is hereby created. All moneys credited to that fund shall be expended for the purposes of administering the provisions of this chapter. In addition, any and all expenses in connection with Nevada’s affiliation with the Interstate Oil Compact Commission shall be paid from the above fund. All moneys in the oil and gas conservation fund are appropriated to the [commission.] division. No such moneys shall revert to the general fund at the end of any fiscal period, but shall remain in the oil and gas conservation fund to cover future operating expenses of the [commission.] division under this chapter. All moneys hereby appropriated shall be expended under the direction of the [commission] division in accordance with statutes of this state relating to the expenditure of appropriations, and warrants shall be drawn against said appropriation as now provided by law.

      2.  For the purposes of paying the expenses of administration of this chapter, every producer of oil or natural gas in this state shall on or before the last day of each month report to the [commission] division and to the state treasurer his or its production in this state of oil in barrels and of natural gas in thousands of cubic feet during the preceding month, and at the same time shall pay to the state treasurer a tax on each and every barrel of oil and on each and every 50,000 cubic feet of natural gas produced and marketed by him or it during such preceding month. Every person purchasing such oil or natural gas shall be liable for the payment of the tax per barrel of oil or per 50,000 cubic feet of natural gas, unless it shall have previously been paid by the producer. The tax rate shall be 5 mills per barrel of oil or per 50,000 cubic feet of natural gas.


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ê1977 Statutes of Nevada, Page 1163 (Chapter 529, SB 153)ê

 

      [3.  For the purpose of paying expenses incidental to the establishment of the commission, funds shall be provided by direct legislative appropriation from the general fund.]

      Sec. 134.  Chapter 523 of NRS is hereby amended by adding thereto the provisions set forth as sections 135 to 144, inclusive, of this act.

      Sec. 135.  1.  The legislature finds that:

      (a) Energy is essential to the economy of the state and to the health, safety and welfare of the people of the state.

      (b) The state has a responsibility to encourage the maintenance of a reliable and economical supply of energy at a level which is consistent with the protection of environmental quality.

      (c) The state has a responsibility to encourage the utilization of a wide range of measures which reduce wasteful uses of energy resources.

      (d) Planning for energy conservation and future energy requirements should include consideration of state, regional and local plans for land use, urban expansion, transportation systems, environmental protection and economic development.

      (e) Government and private enterprise need to accelerate research and development of alternative sources of energy and to improve technology related to the research and development of existing sources of energy.

      (f) Prevention of delays and interruptions in providing energy, protecting environmental values and conserving energy require expanded authority and capability within state government.

      2.  It is the policy of this state to encourage participation with all levels of government and private enterprise in cooperative state, regional and national programs to assure adequate supplies of energy resources and markets for such energy resources.

      3.  It is the policy of this state to consolidate the responsibility for managing and conserving energy resources within one department and to permit such department to coordinate research and development relating to energy resources within the state.

      Sec. 136.  As used in this chapter:

      1.  “Department” means the department of energy.

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

      Sec. 137.  1.  The department of energy is hereby created.

      2.  The department consists of the director and:

      (a) The division of Colorado River resources;

      (b) The division of energy research and development; and

      (c) The division of energy conservation and planning.

      3.  The governor shall appoint a director to serve as the executive head of the department.

      4.  The director shall:

      (a) Be in the unclassified service.

      (b) Be selected with special reference to his training, experience, capability and interest in the field of energy conservation and management.

      (c) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      5.  As executive head of the department, the director is responsible for the administration of all provisions of law relating to the functions of the department.


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ê1977 Statutes of Nevada, Page 1164 (Chapter 529, SB 153)ê

 

for the administration of all provisions of law relating to the functions of the department.

      6.  The director may employ any clerical and operational personnel necessary for the performance of his duties, prescribe their duties and fix their salaries in accordance with classifications made by the personnel division of the department of administration.

      7.  The director and the employees of the department are entitled to receive the travel expenses and subsistence allowances provided by law.

      8.  The director may appoint an advisory board to advise him on matters relating to the conservation and management of energy resources.

      Sec. 137.5.  1.  The director shall appoint the administrator of each of the divisions of the department. Each administrator is in the unclassified service of the state, shall devote his entire time and attention to the business of his office, and shall not engage in any other gainful occupation or employment.

      2.  Each administrator may appoint a deputy and chief assistant in the unclassified service of the state.

      Sec. 138.  The director shall:

      1.  Acquire and analyze information relating to energy and to the supply, demand and conservation of energy resources.

      2.  Utilize all available public and private means to provide information to the public about energy problems and to explain how conservation of energy resources may be accomplished.

      3.  Review and evaluate information which identifies energy resource trends and permits forecasting of the energy situation in the state. Such forecasts shall include estimates on:

      (a) The level of energy demand in the state for 5-, 10- and 20-year periods;

      (b) The amount of energy resources which are available to meet each level of demand;

      (c) The probable implications of such forecast on the demand and supply levels of energy resources; and

      (d) The alternative energy resources which are available and their possible effects.

      4.  Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy resources and encourage the maximum utilization of existing energy resources in the state.

      5.  Encourage the development of any existing and alternative energy resources which will benefit the state.

      6.  Review policies relating to the research and development of the state’s geothermal resources and make recommendations to the appropriate state and federal agencies for establishing methods of developing the geothermal resources within the state.

      Sec. 139.  (Deleted by amendment.)

      Sec. 140.  1.  The director shall prepare a state energy conservation plan which provides methods for conserving and improving efficiency in the use of energy resources and establishes procedures for reducing the rate of growth of energy demand and minimizing the adverse social, economic, political and environmental effects of increasing energy resource consumption.


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ê1977 Statutes of Nevada, Page 1165 (Chapter 529, SB 153)ê

 

      2.  In preparing this plan, the director may participate in any program established by the Federal Government which is designed to provide assistance to the states in the conservation of energy resources.

      3.  The plan shall be presented to the governor, and upon approval by the governor, may be submitted by him in compliance with any program established by the Federal Government.

      Sec. 141.  The director shall:

      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 of the governor.

      2.  Carry out and administer any federal programs which authorize state participation in fuel allocation programs.

      Sec. 142.  1.  Except for those energy resources for whose use priorities are established by the public service commission of Nevada, the director shall recommend to state agencies, local governments and appropriate private persons and entities, standards for conservation of energy resources and for carrying out the state energy conservation plan.

      2.  In recommending such standards the director shall consider the usage of energy resources in the state and the methods available for conservation of the energy resources.

      Sec. 143.  The director may:

      1.  Receive and administer any gifts, grants or funds which are available from public or private sources.

      2.  Expend money received from public or private sources or from legislative appropriations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.

      3.  Enter into any cooperative agreement with any federal or state agency or political subdivision.

      Sec. 144.  The director shall, upon request, provide information and assistance to any agency, bureau, board, commission, department or division which is engaged in energy management, planning, utilization and distribution.

      Sec. 145.  NRS 523.010 is hereby amended to read as follows:

      523.010  1.  [There is hereby created a] The 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.] consisting of 15 members appointed by the governor is hereby created within the department of energy.

      2.  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. 145.5.  NRS 523.020 is hereby amended to read as follows:

      523.020  [The state energy resources advisory board shall consist of 15 members who shall be appointed as follows:] The governor shall appoint:

      1.  One member from the petroleum industry.


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ê1977 Statutes of Nevada, Page 1166 (Chapter 529, SB 153)ê

 

      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. 146.  NRS 523.090 is hereby amended to read as follows:

      523.090  The [board] director 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. 147.  NRS 527.050 is hereby amended to read as follows:

      527.050  1.  It is unlawful for any person, firm, company or corporation, his, its or their agent or agents, willfully or negligently:

      (a) To cut, destroy, mutilate, pick or remove any tree, shrub, plant, fern, wild flower, cacti, desert or montane flora, or any seeds, roots or bulbs of either or any of the foregoing from any private lands, without a written permit therefor from the owner or occupant or his duly authorized agent.

      (b) To cut, destroy, mutilate, pick or remove any flora on any state lands under the jurisdiction of the [state park system] division of state parks of the state department of conservation and natural resources except in accordance with regulations of the division. [of state parks of the department of conservation and natural resources.]

      (c) To cut, destroy, mutilate, pick or remove any flora declared endangered by the state forester firewarden from any lands, other than state park lands provided for in paragraph (b), owned by or under the control of the State of Nevada or the United States without a written permit therefor from the state forester firewarden or his designate. For the purposes of this subsection, the state forester firewarden may establish regulations for enforcement, including the issuance of collecting permits and the designation of state and federal agencies from which such permits may be obtained.

      2.  Every person violating the provisions of this section [shall be] is guilty of a public offense [, as prescribed in NRS 193.155,] proportionate to the value of the plants, flowers, trees, seeds, roots or bulbs cut, destroyed, mutilated, picked or removed, and in no event less than a misdemeanor, punishable by a fine of not less than $10.

      3.  The state forester firewarden and his representatives, public officials charged with the administration of reserved and unreserved lands belonging to the United States, and peace officers shall enforce the provisions of this section.

      4.  Except as to flora declared endangered by the state forester firewarden pursuant to NRS 527.270 or as to flora on state park lands regulated by the division of state parks, the provisions of this section [shall] do not apply to Indians, native to Nevada, who gather any such article for food or medicinal use for themselves or for any other person being treated by Indian religious ceremony.


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ê1977 Statutes of Nevada, Page 1167 (Chapter 529, SB 153)ê

 

regulated by the division of state parks, the provisions of this section [shall] do not apply to Indians, native to Nevada, who gather any such article for food or medicinal use for themselves or for any other person being treated by Indian religious ceremony.

      Sec. 148.  NRS 527.100 is hereby amended to read as follows:

      527.100  1.  Except as otherwise provided by law, it is unlawful for any person, firm, company or corporation, his, its or their agent or agents, willfully or negligently to cut, destroy, mutilate, remove or possess any Christmas tree, cactus, yucca or branches thereof, or knowingly transport or sell any Christmas tree, cactus, yucca or its branches from any of the lands owned by or under the jurisdiction of the State of Nevada or its counties, or on any reserved or unreserved lands owned by the United States, or from any privately owned lands, without written permission from the legal owner, or his duly authorized agent, specifying locality by legal land description and number of plants to be removed or possessed.

      2.  For the purpose of sustaining productivity and preservation of the water-supplying functions of Nevada forest lands, the state forester firewarden [, with the approval of the state board of forestry and fire control,] shall adopt such reasonable regulations governing removal or possession of Christmas trees, cacti or yucca as are deemed necessary.

      3.  This section does not apply to necessary cutting or trimming of such plants if done for maintenance of electric powerlines, telephone lines or other property of a public utility, or to a logging operation.

      Sec. 149.  NRS 527.150 is hereby amended to read as follows:

      527.150  The state forester [is authorized to:] may, subject to the administrative supervision of the director of the state department of conservation and natural resources:

      1.  Employ personnel in accordance with chapter 284 of NRS.

      2.  Procure necessary equipment, supplies and services.

      3.  Enter into contracts in the name of the state forester.

      4.  Designate or appoint as his representatives employees of his cooperators, including employees of the United States or any agency thereof.

      5.  Prescribe reasonable [rules and] regulations for effectuating the purposes of NRS 527.130 to 527.230, inclusive.

      Sec. 150.  NRS 527.200 is hereby amended to read as follows:

      527.200  1.  If an owner fails to take appropriate measures to destroy forest pests on his property within 30 days after the service of notice to do so as provided in NRS 527.180, the state forester may, without further notice, take such action as he may deem necessary to effect control measures to eradicate the forest pests upon such land.

      2.  The cost of any such control measures may be paid from the forest pest control fund; but such costs, or such portion thereof as the state forester may determine, shall be a lien on all land of the owner within the zone of infestation.

      3.  The state forester, subject to the approval of the director of the state department of conservation and natural resources, may apply, on such basis as he may deem equitable, any [moneys] money made available to [him] the department by the Federal Government, by the state or by any public or private agency for the purpose of controlling forest pests to defray all or any portion of the cost of control measures effected on privately owned lands.


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ê1977 Statutes of Nevada, Page 1168 (Chapter 529, SB 153)ê

 

to defray all or any portion of the cost of control measures effected on privately owned lands.

      4.  Upon completion of control measures on any privately owned lands, the state forester shall file with the board of county commissioners of the county or counties in which such lands are located an itemized and sworn statement setting forth the date when such work was done, the nature of such work and the portion of the cost thereof not defrayed by funds made available under subsection 3 and chargeable to each owner upon whose lands the work was performed. The board of county commissioners shall thereupon present a bill to each owner for the cost payable by him, and if such owner fails for 30 days thereafter to pay the same such bill and costs shall be collected in the manner in which delinquent taxes are collected.

      Sec. 151.  NRS 527.220 is hereby amended to read as follows:

      527.220  [1.  The state forester may cooperate] The state forester, subject to the approval of the director of the state department of conservation and natural resources, may:

      1.  Cooperate with the United States or any agency thereof, agencies of the state, county or municipal governments, agencies of neighboring states or other public or private organizations or persons.

      2.  [The state forester will utilize] Utilize when available personnel, control equipment, supplies or services of the state department of agriculture, and [the state forester may] accept [funds,] money, equipment, supplies or services, including prison labor, from other cooperators as he may deem appropriate.

      3.  [The state forester may enter] Enter into agreements with the United States or its agencies for the matching of federal [funds] money as required under the laws of the United States relating to forest pests.

      Sec. 152.  NRS 527.300 is hereby amended to read as follows:

      527.300  In carrying out the program authorized by NRS 527.260 to 527.300, inclusive, the state forester firewarden, subject to the approval of the director of the state department of conservation and natural resources, shall cooperate, to the maximum extent practicable, with other states and with the counties in the State of Nevada, and [he] may enter into agreements with such other states and counties and with other legal entities for the administration and management of any area established pursuant to NRS 527.260 to 527.300, inclusive, for the conservation, protection, restoration and propagation of species of native flora which are threatened with extinction.

      Sec. 153.  NRS 527.320 is hereby amended to read as follows:

      527.320  In furtherance of the provisions of NRS 527.310, the state forester firewarden, subject to the approval of the director of the state department of conservation and natural resources, may:

      1.  Enter into agreements with the Federal Government and other states for the collection and dissemination of forest and range renewable natural resources data.

      2.  Cooperate with federal agencies and with the renewable natural resources department in the college of agriculture of the University of Nevada.

      3.  Publish, in cooperation with the renewable natural resources department, an annual report indicating the utilization of forest and range renewable natural resources and the acreage, production, price, employment and trade of such resources.


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ê1977 Statutes of Nevada, Page 1169 (Chapter 529, SB 153)ê

 

department, an annual report indicating the utilization of forest and range renewable natural resources and the acreage, production, price, employment and trade of such resources.

      4.  Conduct demonstrations to encourage better management and utilization of forest and range renewable natural resources.

      Sec. 154.  NRS 528.040 is hereby amended to read as follows:

      528.040  The state forester firewarden [, acting in accordance with the policies adopted by the state board of forestry and fire control,] shall administer the provisions of NRS 528.010 to 528.090, inclusive, any may exercise all powers necessary to accomplish their purposes and intent.

      Sec. 155.  NRS 528.060 is hereby amended to read as follows:

      528.060  For the purpose of protecting from damage those trees required to be left for reserve and to leave cut-over timberland in a productive condition and to regulate timberland conversion, the state [board of forestry and fire control:] forester firewarden:

      1.  Shall make reasonable rules in relation to stump heights, felling of trees, skid trails and skid roads, tractor and truck roads, landings and rigging as the board deems wise and necessary.

      2.  May adopt such regulations as are necessary to carry out the provisions of NRS 528.010 to 528.090, inclusive.

      Sec. 156.  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, woodlots, greenbelts, open space, parks and arboretums on lands in the State of Nevada, the state forester firewarden [is authorized and directed to] , subject to the approval of the director, may 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 conservation plant materials.

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

      Sec. 157.  NRS 528.115 is hereby amended to read as follows:

      528.115  1.  The division, subject to the approval of the director, may: [enter]

      (a) 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 [. The division may also enter] ; and

      (b) Enter into contracts with established research organizations to obtain such information.


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ê1977 Statutes of Nevada, Page 1170 (Chapter 529, SB 153)ê

 

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

      Sec. 158.  NRS 528.120 is hereby amended to read as follows:

      528.120  The division, [is hereby authorized to] subject to the approval of the director, may accept and [to] reforest, protect and manage any tract of land adaptable to forest growth deeded to the State of Nevada subject to the following limitations:

      1.  No cost of purchase [shall] may accrue against the state.

      2.  No more than 500 acres from one person may be accepted unless it will simplify a transfer, survey or establishment of boundaries.

      Sec. 159.  Title 48 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 160 to 164, inclusive, of this act.

      Sec. 160.  1.  The legislature determines that it is the policy of the State of Nevada to continue to recognize the critical nature of the state’s limited water resources. It is acknowledged that many of the state’s surface water resources are committed to existing uses, under existing water rights, and that in many areas of the state the available ground water supplies have been appropriated for current uses. It is the policy of the State of Nevada to recognize and provide for the protection of these existing water rights. It is also the policy of the state to encourage efficient and nonwasteful use of these limited supplies.

      2.  The legislature further recognizes the relationship between the critical nature of the state’s limited water resources and the increasing demands placed on these resources as the population of the state continues to grow.

      Sec. 161.  As used in this chapter.

      1.  “Administrator” means the administrator of the division.

      2.  “Division” means the division of water planning in the state department of conservation and natural resources.

      Sec. 162.  The division of water planning of the state department of conservation and natural resources is hereby created. The governor may appoint an advisory board to advise the department on matters relating to the planning and development of water resources.

      Sec. 163.  1.  The administrator shall:

      (a) Be selected with special reference to his training, experience, capability and interest in the field of water resource planning.

      (b) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      (c) Coordinate the activities of the division.

      2.  The administrator is responsible for the administration of all provisions of law relating to the functions of the division.

      3.  The administrator may employ, within the limits of legislative appropriations and pursuant to the provisions of chapter 284 of NRS, such staff as is necessary to the performance of his duties.

      4.  The administrator and employees of the division are entitled to receive the travel expenses and subsistence allowances fixed by law for state officers and employees.

      Sec. 164.  The division shall:


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ê1977 Statutes of Nevada, Page 1171 (Chapter 529, SB 153)ê

 

      1.  Provide political subdivisions and private enterprise in water-short regions with information, alternatives and recommendations bearing upon regional shortages including feasible selections or courses of planning and action for acquiring additional waters or for conserving waters now available, or both.

      2.  Include in its planning the investigation of new sources such as desalinization, importation, conservation and means of transporting existing sources.

      3.  Develop forecasts of supply and demand for future needs.

      4.  Advise the state department of conservation and natural resources and the legislature concerning economic and social effects of water policy.

      5.  Suggest changes in water policy which may be necessary to meet new requirements of law or of the people of the state.

      6.  Cooperate with the state engineer in dealings with the Federal Government and other states, but the state engineer is solely responsible for litigation.

      Sec. 165.  NRS 532.165 is hereby amended to read as follows:

      532.165  The state engineer shall:

      1.  Conduct necessary studies and inventories. [and shall develop a comprehensive water resource plan for the State of Nevada.]

      2.  Review and evaluate proposals by federal, state and local agencies for flood control and water development projects to insure that such proposals are compatible with the state water resource plan and are in compliance with Nevada water laws.

      Sec. 166.  NRS 533.370 is hereby amended to read as follows:

      533.370  1.  Except as provided in [subsection 2,] subsections 2 and 6, the state engineer shall approve all applications made in proper form where all fees, as provided in this chapter, have been paid which contemplate the application of water to beneficial use, and where the proposed use or change does not tend to impair the value of existing rights, or to be otherwise detrimental to the public welfare.

      2.  Based upon the public interest and the economic welfare of the State of Nevada, the state engineer may in his discretion approve or disapprove any application of water to beneficial use or any application which contemplates a change in the place or beneficial use of water to a use involving the industrial purpose of generating energy to be exported out of this state.

      3.  The state engineer shall either approve or reject each application within 1 year from the final date for filing protest; but:

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

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

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

      5.  The refusal or approval of an application shall be endorsed on a copy of the original application, and a record made of such endorsement in the records of the office of the state engineer.


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ê1977 Statutes of Nevada, Page 1172 (Chapter 529, SB 153)ê

 

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

      6.  [Anything in this chapter to the contrary notwithstanding, the] The state engineer shall not approve any application nor issue any permit to appropriate the waters of the Colorado River, which waters are held in trust by the division of Colorado River resources of the [state] department of [conservation and natural resources] energy pursuant to NRS 538.171, except after approval of such application by the administrator of that division. The administrator and the state engineer may adopt such joint regulations as may be necessary for the purpose of carrying out the provisions of this subsection.

      Sec. 166.5.  NRS 534A.010 is hereby amended to read as follows:

      534A.010  As used in this chapter, unless the context otherwise requires [:

      1.  “Geothermal] “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. 167.  NRS 538.041 is hereby amended to read as follows:

      538.041  As used in NRS 538.041 to 538.251, inclusive:

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

      2.  “Commission” means the Colorado River advisory commission.

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

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

      Sec. 168.  NRS 548.030 is hereby amended to read as follows:

      548.030  “Commission” means the state conservation commission [.] in the state department of conservation and natural resources.

      Sec. 169.  NRS 548.032 is hereby amended to read as follows:

      548.032  “Conservation district” or “district” means a governmental subdivision of this state, and a public body corporate and politic, organized in accordance with the provisions of this chapter for the purposes, with the powers, and subject to the restrictions set forth in this chapter.

      Sec. 170.  NRS 548.035 is hereby amended to read as follows:

      548.035  [“District” means a governmental subdivision of this state, and a public body corporate and politic, organized in accordance with the provisions of this chapter for the purposes, with the powers, and subject to the restrictions set forth in this chapter.] “Division” means the division of conservation districts in the state department of conservation and natural resources.


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ê1977 Statutes of Nevada, Page 1173 (Chapter 529, SB 153)ê

 

      Sec. 171.  NRS 548.175 is hereby amended to read as follows:

      548.175  The commission [shall have] has the following duties and powers:

      1.  Except as otherwise delegated by law, to carry out the policies of this state in programs at the state level for the conservation of the renewable natural resources of this state and to represent the state in matters affecting such resources.

      2.  To offer such assistance as may be appropriate to the supervisors of conservation districts in the carrying out of any of their powers and programs; to propose programs and to assist and guide districts in the preparation and carrying out of programs for resource conservation authorized under this chapter; to review district programs; to coordinate the programs of the several districts and resolve any conflicts in such programs; to facilitate, promote, assist, harmonize, coordinate and guide the resource conservation programs and activities of districts as they relate to other special purpose districts, counties and other public agencies.

      3.  To keep the supervisors of each of the several districts informed of the activities and experience of all other districts organized pursuant to this chapter, and to facilitate an interchange of advice and experience among such districts and promote cooperation among them.

      4.  To secure the cooperation and assistance of the United States, any of its agencies and of other agencies of this state in the work of conservation districts.

      5.  To serve, along with conservation districts, as the official state agency for cooperating with the soil conservation service of the United States Department of Agriculture in carrying on conservation operations within the boundaries of conservation districts as created under this chapter.

      6.  To enlist the cooperation and collaboration of state, federal, interstate, local, public and private agencies with the conservation districts and to facilitate arrangements under which the conservation districts may serve county governing bodies and other agencies as their local operating agencies in the administration of any activity concerned with the conservation and use of renewable natural resources.

      7.  To make available, with the assistance of the division, information concerning the needs and the work of the districts and the commission to the director of the state department of conservation and natural resources, the legislature, executive agencies and political subdivisions of this state, cooperating federal agencies and the general public.

      8.  To cooperate with and give such assistance as may be requested by cities, counties, irrigation districts, and other special purpose districts in the State of Nevada for the purpose of cooperating with the United States through the Secretary of Agriculture in the furtherance of conservation, pursuant to the provisions of the Watershed Protection and Flood Prevention Act, 16 U.S.C. §§ 1001 to 1007, inclusive, and the requirements of other special programs of the United States Department of Agriculture.

      9.  Pursuant to procedures developed mutually by the commission and federal, state and local agencies that are authorized to plan or administer activities significantly affecting the conservation and use of renewable natural resources, to receive from such agencies, for review and comment, suitable descriptions of their plans, programs, and activities for purposes of coordination with the district conservation programs; to arrange for and participate in conferences necessary to avoid conflict among such plans and programs, to call attention to omissions, and to avoid duplication of effort.


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ê1977 Statutes of Nevada, Page 1174 (Chapter 529, SB 153)ê

 

suitable descriptions of their plans, programs, and activities for purposes of coordination with the district conservation programs; to arrange for and participate in conferences necessary to avoid conflict among such plans and programs, to call attention to omissions, and to avoid duplication of effort.

      10.  To submit, with the assistance of the division, a report [thereof] to the director of the state department of conservation and natural resources whenever the commission determines that there exists and substantial conflict between the resources conservation program of a district and the proposed plans or activities directly affecting resource conservation prepared by any other local government unit or agency of this state.

      11.  By commission administrative order, upon the written request of the board of supervisors of the conservation district or districts involved, with a showing that such request has been approved by a majority vote of the members of each of the boards involved:

      (a) To transfer lands from one district established under the provisions of this chapter to another.

      (b) To divide a single district into two or more districts, each of which shall, thereafter, operate as a separate district under the provisions of this chapter.

      (c) To consolidate two or more districts established under the provisions of this chapter, which consolidated area shall operate thereafter as a single district under the provisions of this chapter.

      (d) To inform the secretary of state of any action taken pursuant to this subsection for his approval of any new name and the appropriate entry in his records of the changes made.

      12.  To authorize the change of name of any district, upon receipt by the commission of a resolution by the board of supervisors of the district for such change and to present the resolution to the secretary of state for processing and recording in accordance with the provisions of NRS 548.240.

      Sec. 172.  NRS 704.039 is hereby amended to read as follows:

      704.039  [Moneys] Money 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 NRS 703.250 to 703.280, inclusive.]

      Sec. 173.  1.  NRS 232.073, 232.105, 232.115, 513.010 to 513.100, inclusive, 522.030, 703.240 to 703.260, inclusive, and 703.280 are hereby repealed.

      2.  NRS 703.270 is hereby repealed.

      3.  Assembly Bill 28 of the 59th session of the legislature, is hereby repealed.


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ê1977 Statutes of Nevada, Page 1175 (Chapter 529, SB 153)ê

 

      Sec. 174.  Every department, agency or institution of the state, except the department of highways and the University of Nevada, which has acquired title in its own name to any land or interest therein shall convey that title by quitclaim deed to the State of Nevada. The state land registrar shall prepare the appropriate deeds from the records in his possession.

      Sec. 175.  Of the first seven members appointed to the oil, gas and mining board:

      1.  Two mining representatives, one public representative and the oil and gas representative shall be appointed for terms expiring on July 1, 1981.

      2.  The three remaining members shall be appointed for terms expiring on July 1, 1979.

      Sec. 176.  The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended or added by another act:

      1.  If reference is made to the former division of Colorado River resources of the state department of conservation and natural resources, substitute an appropriate reference to the division of Colorado River resources in the department of energy.

      2.  If reference is made to the former division of oil and gas conservation or the Nevada oil and gas conservation commission in the state department of conservation and natural resources, substitute an appropriate reference to the division of mineral resources of the state department of conservation and natural resources.

      3.  If reference is made to the former state environmental commission division in the state department of conservation and natural resources, substitute an appropriate reference to the division of environmental protection of the state department of conservation and natural resources.

      4.  If reference is made to the former Nevada state park system in the state department of conservation and natural resources, substitute an appropriate reference to the division of state parks of the state department of conservation and natural resources.

      5.  If reference is made to the advisory mining board, substitute an appropriate reference to the division of mineral resources of the state department of conservation and natural resources.

      6.  If reference is made to the former energy management division within the public service commission of Nevada, substitute an appropriate reference to the department of energy.

      7.  If the reference is made to any officer or subordinate agency of any department or division whose designation is changed by this act, substitute a reference to the correct designation.

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

      Sec. 177.  1.  This section and subsection 3 of section 173 shall become effective upon passage and approval.

      2.  Sections 8, 13, 15, 46, 57, 66, 72, 73, 74, 127, 129 and 148 and subsection 2 of section 173 of this act shall become effective at 12:01 a.m. on July 1, 1977.

 

________


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ê1977 Statutes of Nevada, Page 1176ê

 

CHAPTER 530, AB 278

Assembly Bill No. 278–Committee on Government Affairs

CHAPTER 530

AN ACT relating to boards, commissions and similar bodies in the executive department of state government; establishing uniform provisions for the appointment by the governor of members to these bodies; changing the composition of various bodies; transferring certain powers and duties; abolishing certain bodies; providing for the expiration and reestablishment of the terms of members; and providing other matters properly relating thereto.

 

[Approved May 14, 1977]

 

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

do enact as follows:

 

      Section 1.  Title 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided by law, this chapter applies to all members appointed by the governor to boards, commissions or similar bodies.

      2.  The provisions of this chapter are intended to supplement present statutes applicable to specific boards, commissions or similar bodies. This chapter does not abrogate or limit additional requirements imposed on such boards, commissions or similar bodies by statute or otherwise recognized by case law.

      Sec. 3.  1.  After the governor’s initial appointments of members to boards, commissions or similar bodies, all such members shall hold office for terms of 3 years or until their successors have been appointed and have qualified.

      2.  A vacancy on a board, commission or similar body occurs when a member dies, resigns, becomes ineligible to hold office or is absent from the state for a period of 6 consecutive months.

      3.  Any vacancy shall be filled by the governor for the remainder of the unexpired term.

      4.  A member appointed to a board, commission or similar body as a representative of the general public shall be a person who:

      (a) Has an interest in and a knowledge of the subject matter which is regulated by the board, commission or similar body; and

      (b) Does not have a pecuniary interest in any matter which is within the jurisdiction of the board, commission or similar body.

      Sec. 4.  NRS 180.010 is hereby amended to read as follows:

      180.010  1.  The office of state public defender is hereby created.

      2.  The governor shall appoint the state public defender for a term of 4 years, and until a successor is appointed and qualified.

      3.  The state public defender shall:

      (a) Be an attorney licensed to practice law in the State of Nevada.

      (b) Be in the unclassified service of the state.

      (c) [Receive a salary as provided in NRS 284.182.

      (d)] Not engage in the private practice of law.

      [3.] 4.  No other officer or agency of the state may supervise the state public defender or assign him duties in addition to those prescribed by this chapter.


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ê1977 Statutes of Nevada, Page 1177 (Chapter 530, AB 278)ê

 

      Sec. 5.  NRS 210.010 is hereby amended to read as follows:

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

      1.  “Administrator” means the administrator of the youth services agency in the department of human resources.

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

      3.]  “Director” means the director of the department of human resources.

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

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

      Sec. 6.  NRS 210.400 is hereby amended to read as follows:

      210.400  As used in NRS 210.400 to 210.715, inclusive:

      1.  “Administrator” means the administrator of the youth services agency in the department of human resources.

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

      3.]  “Director” means the director of the department of human resources.

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

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

      Sec. 7.  (Deleted by amendment.)

      Sec. 8.  NRS 216.095 is hereby amended to read as follows:

      216.095  1.  The commission shall consist of a chairman and 16 members, who shall:

      (a) Be representative of law enforcement agencies of the state and units of general local government within the state.

      (b) Be appointed by and responsible to the governor.

      (c) Serve at the pleasure of the governor.

      2.  The governor shall appoint a chairman of the commission. The chairman may appoint committees to aid the commission.

      3.  The governor may appoint additional persons, who shall act in nonvoting advisory capacities to the commission.

      4.  The members of the commission shall meet at the call of the chairman or at the request of the director.

      5.  Members of the commission shall serve without compensation but may be reimbursed from commission funds for necessary travel and per diem expenses in the amounts provided by law.

      Sec. 9.  NRS 216.105 is hereby amended to read as follows:

      216.105  The commission may:

      1.  Apply for and accept grants and allocations awarded under the Crime Control Act, under the Delinquency Control Act or by any agency of the Federal Government.

      2.  Accept gifts or donations of funds, services, materials or property from any source and use such gifts or donations for the proper administration of the commission.

      3.  Contract with public agencies, private firms or individuals for such goods, services and facilities as may be necessary to develop and implement a statewide law enforcement and delinquency control plan.


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ê1977 Statutes of Nevada, Page 1178 (Chapter 530, AB 278)ê

 

      4.  Approve institutions which provide training for peace officers.

      5.  Establish procedures for determining whether standards for the recruitment and training of peace officers by the state and any local government are being followed.

      Sec. 10.  NRS 216.125 is hereby amended to read as follows:

      216.125  The director [has the following powers:

      1.  To call and conduct any meetings which may be necessary for the administration of the commission.

      2.  To appoint] may:

      1.  Appoint within the limits of legislative appropriations and pursuant to chapter 284 of NRS any necessary personnel for the commission or the department.

      [3.  To do] 2.  Do all things necessary for the proper performance of the functions of the commission and administration of NRS 216.085 to 216.125, inclusive, and NRS 216.185 to 216.285, inclusive.

      [4.  To appoint, with the consent of the commission,]

      3.  Appoint a chief of each of the divisions in the department.

      [5.] 4.  To develop qualifications for the positions of division chief for approval by the commission and submission to the personnel division of the department of administration for implementation.

      Sec. 11.  NRS 216.225 is hereby amended to read as follows:

      216.225  The chief of the planning and training division shall:

      1.  Develop a comprehensive, statewide plan for the improvement of law enforcement throughout the state, which shall be submitted to the director and the commission for approval.

      2.  Define, develop and correlate programs and projects for the state and political subdivisions within the state or for this state and other states for improvement in law enforcement, and carry out the recommendations of the [peace officers’ standards and training committee.] commission concerning standards and training of peace officers.

      3.  Establish priorities for improvement in law enforcement throughout the state.

      4.  Provide for the administration of grants under the Crime Control Act under guidelines set forth by the director.

      5.  Do all things necessary to enable the department to perform properly its duties, including, but not limited to, seeking the cooperation of local units of government and state agencies, boards and commissions relative to criminal justice recruitment and training.

      Sec. 12.  NRS 218.825 is hereby amended to read as follows:

      218.825  1.  Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, chapters 628 to 644, inclusive, chapters [653,] 654 and 656 of NRS and sections 2 to 26, inclusive, of [this act] Assembly Bill 590 of the 59th session of the legislature shall engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year between June 30 and December 1 for the preceding fiscal year. The cost of the audit shall be paid by the board or commission audited.

      2.  A report of each such audit shall be filed by the accountant with the legislative auditor and the director of the budget on or before December 1 of each year. The legislative auditor shall prescribe the standards to be used in performing the audits and the general style and form to be followed in preparing the reports.


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ê1977 Statutes of Nevada, Page 1179 (Chapter 530, AB 278)ê

 

standards to be used in performing the audits and the general style and form to be followed in preparing the reports.

      3.  The legislative auditor shall audit the fiscal records of any such board or commission whenever directed to do so by the legislative commission. When the legislative commission directs such an audit, it shall also determine who is to pay the cost of the audit.

      Sec. 12.5.  NRS 231.070 is hereby amended to read as follows:

      231.070  [No council member shall receive a salary, but] Each member of the council is entitled to receive a salary of $40 for each day’s attendance at [each] a meeting of the council [, a member shall receive] and the per diem [expense] allowance and travel expenses [as fixed] provided by law.

      Sec. 13. NRS 232.151 is hereby amended to read as follows:

      232.151  [There is hereby created in the department the state multiple use advisory committee on federal lands, referred to in NRS 232.152 to 232.157, inclusive, as the committee, which shall:

      1.  Review on a continuing basis federal legislation relating to lands within this state under the jurisdiction of the Federal Government and the proposed actions of agencies charged with the administration or entitled to the use of such lands;

      2.  Formulate advisory positions as to the administration and use of such lands from the perspective of local governments and private users; and

      3.  Provide advice and recommendations concerning such lands to the State of Nevada through the governor’s office of planning coordination.]

      1.  The state multiple use advisory committee on federal lands, consisting of members appointed by the governor, is hereby created within the division of state lands of the department.

      2.  The committee shall:

      (a) Consult with and solicit the advice of public and private users of land within this state which is under the jurisdiction of the Federal Government.

      (b) Advise agencies of this state and of the Federal Government of the effect of the agencies’ programs or regulations on the users of the land.

      (c) Cooperate with the state land use planning advisory council to determine problems of the users of the land.

      Sec. 14.  NRS 232.152 is hereby amended to read as follows:

      232.152  1.  The governor shall appoint 13 members to the committee as follows:

      (a) Each of 10 members shall be appointed to represent respectively each of the following entities and shall be chosen from a list of three lay persons recommended by each entity.

             (1) Advisory mining board.

             (2) Central committee of Nevada state grazing boards.

             (3) Nevada League of Cities.

             (4) State board of agriculture.

             (5) State board of fish and game commissioners.

            (6) State conservation commission.

             (7) State environmental commission.


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ê1977 Statutes of Nevada, Page 1180 (Chapter 530, AB 278)ê

 

             (8) State land use planning advisory council.

             (9) State park advisory commission.

             (10) Nevada association of county commissioners.

      (b) Each of three members shall be appointed to represent respectively the interests of each of the following:

             (1) Railroads and utilities.

             (2) Sportsmen.

             (3) Off-road vehicle enthusiasts.

      2.  The committee shall select one of its members to serve as chairman. The [assistant director provided for in NRS 232.157] administrator of the division of state lands shall serve as secretary but shall have no vote.

      Sec. 14.5.  NRS 232.153 is hereby amended to read as follows:

      232.153  1.  Members of the committee shall serve at the governor’s pleasure and [shall be allowed] are entitled to receive a salary of $40 for each day’s attendance at a meeting of the committee and the per diem [expense] allowances and travel expenses [as fixed] provided by law.

      2.  A member of the committee may appoint an alternate, subject to the approval of the governor, and such alternate is entitled to the salary and the per diem [expense] allowances and travel expenses provided in subsection 1 when actually performing duties as alternate in the place of a regular member.

      Sec. 15.  NRS 232.157 is hereby amended to read as follows:

      232.157  1.  The director shall appoint an assistant director to [act as the secretary of the committee as provided in NRS 232.152. In addition, he shall] perform such [other] duties as may be designated by the director.

      2.  The assistant director shall:

      (a) Be in the unclassified service of the state [notwithstanding the provisions of NRS 232.060 or 284.140 or any other law; and

      (b) Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.

      (c)] ; and

      (b) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 16.  Chapter 232 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The board, as an advisory body to the superintendents of the Nevada youth training center and the Nevada girls training center, shall:

      1.  Advise the superintendents concerning the organization and administration of the centers. The superintendents shall report to the board upon all matters concerning the administration of their offices, and shall request the advice and counsel of the board on matters concerning policy.

      2.  Advise and make recommendations to the governor or legislature relative to the policy of the state concerning minors adjudged delinquent.

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  NRS 232.400 is hereby amended to read as follows:

      232.400  The purpose of the youth services agency created by NRS 232.400 to 232.500, inclusive, and section 16 of this act, is to provide services for youth who are in need of residential care or in need of treatment or both.


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ê1977 Statutes of Nevada, Page 1181 (Chapter 530, AB 278)ê

 

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

      Sec. 19.  NRS 232.480 is hereby amended to read as follows:

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

      2.  [Members of the board shall be selected with special reference to their ability, interest and fitness to effectuate the purposes of NRS 232.400 to 232.500, inclusive.] The governor shall appoint members who have an ability and interest in youth services and related programs. At least three of the members shall be between the ages of 15 and 21.

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

      4.  The administrator [shall serve as] is the executive secretary [to] of the board.

      Sec. 20.  NRS 232.490 is hereby amended to read as follows:

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

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

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

      4.  While engaged in official business of the agency, the members of the board [shall] are entitled to receive a salary of $40 and the per diem expense allowance and travel expenses provided by law.

      Sec. 21.  NRS 233.030 is hereby amended to read as follows:

      233.030  1.  The Nevada equal rights commission, consisting of five members appointed by the governor, is hereby created.

      2.  [The members shall be appointed by the governor and shall serve at the pleasure of the governor.

      3.  Vacancies shall be filled by appointment by the governor.

      4.]  Each member of the commission is entitled to receive as compensation $40 for each day actually employed on the work of the commission, in addition to the per diem allowance and travel expenses provided by law.


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ê1977 Statutes of Nevada, Page 1182 (Chapter 530, AB 278)ê

 

      Sec. 22.  NRS 233.090 is hereby amended to read as follows:

      233.090  The governor [, upon recommendation by the commission,] shall appoint an executive director of the commission. The director shall have had successful experience in the administration and promotion of a program comparable to the program provided by this chapter.

      Sec. 23.  NRS 233A.020 is hereby amended to read as follows:

      233A.020  [There is hereby created the Nevada Indian commission in which shall be vested the administration of this chapter.] The Nevada Indian commission, consisting of five members appointed by the governor, is hereby created.

      Sec. 24.  NRS 233A.030 is hereby amended to read as follows:

      233A.030  1.  [The commission shall consist of five commissioners, of whom at least three shall be Indians.] The governor shall appoint:

      (a) Three members who are Indians.

      (b) Two members who are representatives of the general public.

      2.  Any person who is in a [policy-making] policymaking position of any governmental agency which receives federal funds for the benefit of Indians is ineligible to be a commissioner.

      [2.  The commissioners shall be appointed by and serve at the pleasure of the governor and may be reappointed by him. However, the tenure of office of each commissioner shall not extend beyond 3 years from the date of his original appointment.

      3.  The governor shall have authority to fill all vacancies created by death, resignation or inability of a commissioner to perform his duties.]

      Secs. 25-30.  (Deleted by amendment.)

      Sec. 31.  NRS 233D.020 is hereby amended to read as follows:

      233D.020  As used in this chapter:

      1.  “Children” means persons [not having attained] who are less than 21 years of age.

      2.  “Council” means the [governor’s] advisory council on children and youth.

      Sec. 31.1.  NRS 233D.030 is hereby amended to read as follows:

      233D.030  1.  [There is hereby established the governor’s advisory council on children and youth.

      2.  The membership of the council shall consist of:

      (a) The governor.

      (b) The director of the department of human resources.

      (c) The superintendent of public instruction.

      (d) The governor’s youth coordinator.

      (e) Not less than 15 nor more than 21 citizens, appointed by the governor, one-third of whom shall be between the ages of 15 and 21, who have a particular interest in the care, welfare and well-being of children.] The advisory council on children and youth, consisting of nine members appointed by the governor, is hereby created within the department of human resources.

      2.  At least three of the members shall be between the ages of 15 and 21 years.

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

      4.  The governor shall designate a chairman from among the members.

      Sec. 31.15.  NRS 233D.050 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1183 (Chapter 530, AB 278)ê

 

      233D.050  1.  [Members of the council shall serve without compensation.

      2.]  The council shall meet at least three times each year. [and shall have the authority to reimburse members for such necessary travel expenses as may be incurred in the performance of their duties, pursuant to NRS 281.160.]

      2.  Each member of the council is entitled to receive a salary of $40 for each day’s attendance at a meeting of the council and the per diem allowance and travel expenses provided by law.

      Sec. 31.2.  NRS 233D.060 is hereby amended to read as follows:

      233D.060  The council shall:

      1.  Study the needs of all children and assist in planning for the improvement and most effective use of voluntary and tax-supported programs at the state and local levels.

      2.  Study programs for children in Nevada and in other states, and make reports and advise public and private bodies throughout the state on matters relevant to the protection, growth and development of children.

      3.  [Assist in the coordination of the various administrative responsibilities and services of state departments and programs as they relate] Advise state departments concerning programs relating to the well-being of children.

      4.  Make recommendations on needed legislative action on behalf of children.

      5.  Promote adequate educational services and training programs for children, including exceptional children, in all parts of the state.

      6.  Promote social service and vocational guidance, training and placement for all children who require them, including exceptional children and those youth who leave school prior to high school graduation, and promote adequate special facilities for children maladjusted to their home surroundings.

      7.  Promote adequate provisions throughout the state for diagnosis and treatment of children who may require special medical services.

      8.  Conduct statewide conferences concerning programs for children and youth services.

      9.  Publish such pamphlets and other material as it deems necessary or desirable concerning the work of the council and make an appropriate charge therefor.

      Sec. 31.3.  NRS 233F.120 is hereby amended to read as follows:

      233F.120  1.  The [board shall fix the qualifications of and] governor shall appoint the state communications director. [who shall serve at the pleasure of the board.]

      2.  The director is in the unclassified service of the state, and is entitled to the per diem expense allowances and travel expenses provided by law.

      3.  The director shall not engage in any other gainful employment or occupation.

      Sec. 32.  NRS 242.100 is hereby amended to read as follows:

      242.100  As used in NRS 242.100 to 242.370, inclusive, unless the context otherwise requires, the words and terms defined in [NRS 242.110] NRS 242.120 to 242.170, inclusive, have the meanings ascribed to them in such sections.

      Sec. 33.  NRS 288.080 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1184 (Chapter 530, AB 278)ê

 

      288.080  1.  The local government employee-management relations board is hereby created, [to consist] consisting of three members, broadly representative of the public and not closely allied with any employee organization or local government employer, not more than two of whom shall be members of the same political party. Except as provided in subsection 2, the term of office of each member shall be 4 years.

      2.  The governor [shall] may appoint the members of the board from a list submitted by the employee-management relations advisory committee. [pursuant to the provisions of NRS 288.137.] Of the [first] three members appointed [,] after June 30, 1977, the governor shall designate one whose term [shall expire at the end of 2 years. Whenever] expires on June 30, 1979.

      3.  If a vacancy occurs on the board other than through the expiration of a term of office, the governor shall fill such vacancy by appointment for the unexpired term.

      Sec. 33.5.  NRS 288.135 is hereby amended to read as follows:

      288.135  1.  The employee-management relations advisory committee is hereby created, to consist of 10 members, five of whom shall be representatives or designees of employee organizations and five of whom shall be representatives or designees of local government employers.

      2.  The governor shall appoint the members of the advisory committee on the basis of recommendations of employee organizations and local government employers who are affected by the provisions of this chapter. No employee organization and no local government employer may have more than one representative or designee appointed as a member of the advisory committee.

      3.  Whenever a vacancy occurs on the advisory committee, other than through the expiration of a term of office, the vacancy shall be filled for the remainder of the term through appointment by the remaining:

      (a) Representatives or designees of local government employers, if the vacating member represents a local government employer.

      (b) Representatives or designees of employee organizations, if the vacating member represents an employee organization.

      4.  Members of the committee are entitled to receive a salary of $40 for each day’s attendance at a meeting of the board and the per diem allowance and travel expenses provided by law.

      Sec. 34.  NRS 315.140 is hereby amended to read as follows:

      315.140  NRS 315.140 to [315.790,] 315.780, inclusive, may be referred to as the Housing Authorities Law of 1947.

      Sec. 35.  NRS 315.150 is hereby amended to read as follows:

      315.150  Unless the context otherwise requires, the definitions contained in NRS 315.160 to 315.300, inclusive, govern the construction of NRS 315.140 to [315.790,] 315.780, inclusive.

      Sec. 36.  NRS 315.170 is hereby amended to read as follows:

      315.170  “Authority” means any of the public corporations created or authorized to be created by NRS 315.140 to [315.790,] 315.780, inclusive, and any housing authority established and operating prior to July 1, 1975, under the provisions of the Housing Authorities Law of 1943 or the Housing Law of 1951.

      Sec. 37.  NRS 315.180 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1185 (Chapter 530, AB 278)ê

 

      315.180  “Bonds” means any bonds, notes, interim certificates, debentures or other obligations issued by an authority pursuant to NRS 315.140 to [315.790,] 315.780, inclusive.

      Sec. 38.  NRS 315.360 is hereby amended to read as follows:

      315.360  Any housing authority created and existing prior to July 1, 1975, pursuant to the Housing Authorities Law of 1943 or the Housing Law of 1951 [shall continue] continues in existence for the purposes of and [shall have] has all of the powers granted by NRS 315.140 to [315.790,] 315.780, inclusive.

      Sec. 39.  NRS 315.365 is hereby amended to read as follows:

      315.365  1.  Chapter 16, Statutes of Nevada 1975, shall not impair or affect any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to July 1, 1975, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if it had not been passed.

      2.  Chapter 16, Statutes of Nevada 1975, shall not affect the corporate existence of any authority established or operating under the Housing Authorities Law of 1943 or the Housing Law of 1951 prior to July 1, 1975.

      3.  The passage of chapter 16, Statutes of Nevada 1975, shall not repeal or in any way affect or modify:

      (a) Any law authorizing the issuance of any outstanding bonds and other securities by any authority established or operating prior to July 1, 1975, under the Housing Authorities Law of 1943 or the Housing Law of 1951.

      (b) Any other contract of any such authority.

      (c) Any law pursuant to which there have been levied by or on behalf of any such authority and there have not been paid in full, including without limitation the principal and any interest and penalties, any rents, fees and charges pertaining to the facilities or services, or both facilities and services, provided by any such authority.

      (d) The running of the statutes of limitations in force on July 1, 1975.

      4.  All incomplete proceedings had and taken by any such authority, under any law repealed by chapter 16, Statutes of Nevada 1975, preliminary to and in the acquisition or improvement of any housing project or the issuance of any interim or temporary bond, or any definitive bond, which proceedings are in substantial compliance with the provisions of NRS 315.140 to [315.790,] 315.780, inclusive, may, at the option of the commissioners of the authority, be completed under the provisions of NRS 315.140 to [315.790,] 315.780, inclusive, the same as if such incomplete proceedings had been had and taken pursuant to such provisions.

      5.  The passage of chapter 16, Statutes of Nevada 1975, shall not repeal or in any way affect or modify the power of the commissioners of any authority established or operating under the Housing Authorities Law of 1943 or the Housing Law of 1951 prior to July 1, 1975, concerning the borrowing of money or the acceptance of any grant of public or private money, which power was exercised prior to July 1, 1975.


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ê1977 Statutes of Nevada, Page 1186 (Chapter 530, AB 278)ê

 

      6.  All bonds, notes, contracts, agreements and obligations of authorities relating to financing or undertaking (including cooperating with or acting as agent of the Federal Government in) the development or administration of any project to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities, which bonds, notes, contracts, agreements and obligations were issued or entered into prior to July 1, 1951, are validated and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority.

      Sec. 40.  NRS 315.420 is hereby amended to read as follows:

      315.420  An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of NRS 315.140 to [315.790,] 315.780, inclusive, (but not the power to levy and collect taxes or special assessments).

      Sec. 41.  NRS 315.450 is hereby amended to read as follows:

      315.450  An authority may:

      1.  Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, its housing projects.

      2.  Notwithstanding anything to the contrary contained in NRS 315.140 to [315.790,] 315.780, inclusive, or any other provisions of law, agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or administration of projects.

      3.  Include in any contract let in connection with a housing project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor, and comply with any conditions attached to the financial aid of such project.

      Sec. 42.  NRS 315.540 is hereby amended to read as follows:

      315.540  An authority shall agree to make such payments in lieu of taxes to the city, town, county, and the state, or any political subdivision, [thereof,] as it finds consistent with the maintenance of the low-rent character of housing projects or the achievement of the purposes of NRS 315.140 to [315.790,] 315.780, inclusive.

      Sec. 43.  NRS 315.550 is hereby amended to read as follows:

      315.550  1.  For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects of housing authorities located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine:

      (a) Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to a housing authority.

      (b) Cause parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with such projects.


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ê1977 Statutes of Nevada, Page 1187 (Chapter 530, AB 278)ê

 

      (c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake.

      (d) Cause services to be furnished to the housing authority of the character which such state public body is otherwise empowered to furnish.

      (e) Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, improvement, condemnation, closing or demolition of unsafe, insanitary or unfit buildings.

      (f) Employ (notwithstanding the provisions of any other law) any funds belonging to or within the control of such state public body, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority; and, as the holder of such bonds or other obligation, exercise the rights connected therewith.

      (g) Do any and all things, necessary or convenient, to aid and cooperate in the planning, undertaking, construction or operation of such housing projects.

      (h) Incur the entire expense of any public improvements made by such state public body in exercising the powers granted in NRS 315.140 to [315.790,] 315.780, inclusive.

      (i) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a housing authority respecting action to be taken by such state public body pursuant to any of the powers granted by NRS 315.140 to [315.790,] 315.780, inclusive. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or administration of low-rent housing or slum clearance projects, including any agency or instrumentality of the United States of America, the provisions of such agreements shall inure to the benefit of and may be enforced by such public body or governmental agency.

      2.  Any sale, conveyance, lease or agreement provided for in this section may be made by a state public body without appraisal, public notice, advertisement or public bidding, notwithstanding any other laws to the contrary.

      Sec. 44.  NRS 315.560 is hereby amended to read as follows:

      315.560  1.  In addition to the powers conferred upon an authority by other provisions of NRS 315.140 to [315.790,] 315.780, inclusive, an authority [is empowered:

      (a) To borrow] may:

      (a) Borrow money or accept contributions, grants or other financial assistance from the Federal Government for or in aid of any housing project within its area of operation.

      (b) [To take] Take over or lease or manage any housing project or undertaking constructed or owned by the Federal Government, and to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases or agreements as may be necessary, convenient or desirable.

      2.  In any contract with the Federal Government for annual contributions to an authority, the authority may obligate itself (which obligation shall be specifically enforcible and shall not constitute a mortgage, notwithstanding any other laws) to convey to the Federal Government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the authority is subject.


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ê1977 Statutes of Nevada, Page 1188 (Chapter 530, AB 278)ê

 

possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the authority is subject. Such contract may further provide that in case of such conveyance, the Federal Government may complete, operate, manage, lease, convey or otherwise deal with the project in accordance with the terms of such contract; provided, that the contract requires that, as soon as practicable after the Federal Government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the Federal Government shall reconvey to the authority the project as then constituted.

      3.  It is the purpose and intent of NRS 315.140 to [315.790,] 315.780, inclusive, to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the Federal Government in the undertaking, construction, maintenance or operation of any housing project by such authority.

      Sec. 45.  NRS 315.580 is hereby amended to read as follows:

      315.580  1.  In addition to other powers conferred upon an authority by NRS 315.140 to [315.790,] 315.780, inclusive, an authority may acquire property and construct housing projects thereon for the purpose of leasing dwellings to servicemen, veterans and their families, and the families of deceased persons who served in the Armed Forces, at rentals, excluding utilities, of not to exceed $50 per month, during the existence of the acute shortage of housing available to such persons as determined by applicable law or as may be provided for in any contract for financial assistance with the Federal Government.

      2.  In exercising the powers provided in this section an authority shall not be subject to the limitations provided in NRS 315.500 or 315.510 during the period of acute housing shortage for veterans and servicemen, and their families and the families of deceased persons who served in the Armed Forces, of moderate income.

      Sec. 46.  NRS 315.650 is hereby amended to read as follows:

      315.650  If any of the commissioners or officers of the authority whose signatures appear on any bonds or coupons [shall cease] cease to be such commissioners or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to NRS 315.140 to [315.790,] 315.780, inclusive, [shall be] are fully negotiable.

      Sec. 47.  NRS 315.660 is hereby amended to read as follows:

      315.660  In any suit, action or proceeding involving the validity or enforcibility of any bond of an authority or the security therefor, any such bond reciting in substance that it has been issued by the authority to aid in financing a housing project, as defined in NRS 315.230, [shall be] is conclusively deemed to have been issued for such purpose and such project [shall be] is conclusively deemed to have been planned, located, and carried out in accordance with the purposes and provisions of NRS 315.140 to [315.790,] 315.780, inclusive.

      Sec. 48.  NRS 315.700 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1189 (Chapter 530, AB 278)ê

 

      315.700  An authority may:

      1.  Covenant (subject to the limitations contained in NRS 315.140 to [315.790,] 315.780, inclusive) as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof.

      2.  Create or authorize the creation of special funds for moneys to be held for construction or operating costs, debt service, reserves or other purposes, and covenant as to the use and disposition of the moneys held in such funds.

      Sec. 49.  NRS 315.750 is hereby amended to read as follows:

      315.750  An authority may submit to the attorney general of the state any bonds to be issued pursuant to NRS 315.140 to [315.790,] 315.780, inclusive, after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, the attorney general shall examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If the proceedings conform to the provisions of NRS 315.140 to [315.790,] 315.780, inclusive, and are otherwise regular in form, and if such bonds when delivered and paid for will constitute binding and legal obligations of the authority enforcible according to the terms thereof, the attorney general shall certify in substance upon the back of each of the bonds that it is issued in accordance with the constitution and laws of the State of Nevada.

      Sec. 50.  NRS 315.760 is hereby amended to read as follows:

      315.760  1.  The state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations and other persons carrying on a banking or insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority created by or pursuant to NRS 315.140 to [315.790,] 315.780, inclusive, or issued by a public housing authority or agency in the United States, when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States Government or any agency thereof, and such bonds and other obligations [shall be] are authorized security for all public deposits, and [shall be] are fully negotiable in this state; it being the purpose of the Housing Authorities Law of 1947 to authorize any of the foregoing to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; but nothing contained in NRS 315.140 to [315.790,] 315.780, inclusive, [shall be] is construed as relieving any person, firm or corporation from any duty of exercising reasonable care in selecting securities.

      2.  The provisions of the Housing Authorities Law of 1947 [shall] apply notwithstanding any restrictions on investments contained in other laws.

      Sec. 51.  NRS 315.770 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1190 (Chapter 530, AB 278)ê

 

      315.770  An obligee of an authority [shall have] has the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:

      1.  By mandamus, suit, action, or proceeding at law or in equity to compel the authority [and the commissioners,] or its officers, agents or employees [thereof] to perform each and every term, provision and covenant contained in any contract of the authority with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by the Housing Authorities Law of 1947.

      2.  By suit, action or proceeding in equity, to enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of the authority.

      Sec. 52.  NRS 315.780 is hereby amended to read as follows:

      315.780  By its resolution, trust indenture, mortgage, lease or other contract, an authority [shall have power to] may confer upon any obligee holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by suit, action or proceeding in any court of competent jurisdiction:

      1.  To cause possession of any housing project or any part thereof to be surrendered to any such obligee.

      2.  To obtain the appointment of a receiver of any housing project of the authority or any part thereof and of the rents and profits therefrom. If the receiver be appointed, he may enter and take possession of such project or any part thereof and operate and maintain it, collect and receive all fees, rents, revenues or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of the authority as the court shall direct.

      3.  To require the authority [and the commissioners thereof] to account as if it [and they] were the trustees of an express trust.

      Sec. 53.  NRS 315.977 is hereby amended to read as follows:

      315.977  1.  [There is hereby created a public body corporate and politic to be known as the Nevada state rural housing authority.

      2.  The governor shall appoint five commissioners of the authority, at least two of whom shall have experience in the fields of banking, real estate or home building.] The Nevada state rural housing authority, consisting of five members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Two members who have experience in banking, real estate or home building.

      (b) Three members who are representatives of the general public.

      3.  The state controller [shall serve as] is an ex officio commissioner without vote.

      4.  At least four of the appointed commissioners shall be residents of counties having a population of less than 100,000.

      [3.] 5.  A majority of the [appointed commissioners shall be necessary to constitute] members constitutes a quorum, and a vote of the majority [of the appointed commissioners shall be] is necessary to carry any question.


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ê1977 Statutes of Nevada, Page 1191 (Chapter 530, AB 278)ê

 

      Sec. 54.  NRS 315.978 is hereby amended to read as follows:

      315.978  [1.  Except as provided in subsection 3, the term of office for appointed commissioners shall be 4 years. Vacancies shall be filled by the governor for the unexpired term.

      2.  A commissioner shall hold office until his successor has been appointed and qualifies.] A certificate of the appointment or reappointment of any commissioner shall be filed in the office of the secretary of state and in the office of the authority, and such certificate [shall be] is conclusive evidence of the appointment of such commissioner.

      [3.  Of the commissioners first appointed, two shall be appointed for terms of 2 years and three shall be appointed for terms of 4 years.]

      Sec. 55.  (Deleted by amendment.)

      Sec. 56.  NRS 321.420 is hereby amended to read as follows:

      321.420  1.  [There is hereby created the] The Eldorado Valley advisory group, [composed of 12] consisting of nine members appointed by the governor [.] , is hereby created.

      2.  The [advisory group shall be composed as follows:] governor shall appoint:

      (a) One state senator from Clark County.

      (b) One assemblyman from Clark County.

      (c) One representative from each of the following:

             (1) The board of county commissioners of Clark County;

             (2) The Clark County planning department;

             (3) The City of Las Vegas;

             (4) The City of Henderson; and

             (5) The City of North Las Vegas.

      (d) Two representatives from Boulder City.

      [(e) One representative of organized labor.

      (f) Two representatives at large.

      3.  With the exception of the state senator and assemblyman from Clark County, all members of the advisory group shall be appointed for 2-year terms and shall serve at the pleasure of the governor. Such members may be reappointed to succeeding terms of 2 years each.

      4.  Vacancies shall be filled by appointment by the governor for the unexpired balance of the term in accordance with subsection 2.

      5.] 3.  Members of the advisory group [shall serve without] are not entitled to compensation.

      Sec. 57.  NRS 321.740 is hereby amended to read as follows:

      321.740  1.  [There is hereby created a] The state land use planning advisory council [.

      2.  The members of the council:

      (a) Shall be appointed by the governor, at least one from each county.

      (b) May represent urban and rural areas of the state.

      (c) May include members of the city, county and regional planning commissions.

      3.  The governor shall fix:

      (a) The number of members of the council at 17 or more.

      (b) The terms of members of the council at 4 years or less.

      4.  Those members of the council who are members of planning commissions or employees of this state or any of its political subdivisions shall be paid the per diem expense allowances and travel expenses provided by law for their respective positions by their respective planning commissions or governmental employers.


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ê1977 Statutes of Nevada, Page 1192 (Chapter 530, AB 278)ê

 

law for their respective positions by their respective planning commissions or governmental employers. Other members shall be paid such allowances and expenses by the state land use planning agency if moneys are lawfully available to it for this purpose.] , consisting of 17 members appointed by the governor is hereby created.

      2.  The governor shall appoint members who are elected officials or representatives of local political subdivisions, one member from each county.

      3.  Members are entitled to receive the travel expenses and subsistence allowances provided by law for their positions from the local political subdivisions.

      Sec. 58.  (Deleted by amendment.)

      Sec. 59.  NRS 324.010 is hereby amended to read as follows:

      324.010  As used in this chapter:

      1.  “Carey Act” means section 4 of an Act of Congress entitled “An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30th, 1895, and for other purposes,” approved August 18, 1894, being 43 U.S.C. § 641, and all acts amendatory thereof or supplemental thereto.

      2.  [“Commission” means the state Carey Act commission.] “Division” means the division of state lands of the state department of conservation and natural resources.

      Sec. 60.  NRS 324.030 is hereby amended to read as follows:

      324.030  [1.] The selection, management and disposal of such land is vested in the [state Carey Act commission, which is hereby created, consisting of the state engineer, the administrator of the division of state lands of the state department of conservation and natural resources and, as chairman, the dean of the college of agriculture of the University of Nevada System.

      2.  The commission may sue and be sued in any action at law brought under the provisions of this chapter in the name of “The State Carey Act Commission.”] division.

      Sec. 61.  NRS 324.040 is hereby amended to read as follows:

      324.040  1.  The administrator of the division [of state lands of the state department of conservation and natural resources] is [hereby] designated as the state registrar of lands under the Carey Act.

      2.  The state registrar of lands under the Carey Act [, subject to the general supervision and control of the commission,] shall:

      (a) Be the custodian of all papers, documents, maps and plats relating to Carey Act lands.

      (b) Receive and receipt for all fees and payments required to be paid under the provisions of this chapter or under any [rule or] regulation of the [commission.] division.

      (c) Deposit all fees and payments received by him with the state treasurer to the credit of the Carey Act trust fund.

      (d) Conduct all correspondence relating to Carey Act lands.

      [(e) Perform such other duties as the commission may prescribe.]

      3.  The state registrar of lands under the Carey Act is [hereby named] designated as the authorized agent of the state to enter into and to execute, for and in behalf of the state, the agreement prescribed by the Secretary of the Interior binding the state in respect to the disposal of lands under the Carey Act.


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ê1977 Statutes of Nevada, Page 1193 (Chapter 530, AB 278)ê

 

of the Interior binding the state in respect to the disposal of lands under the Carey Act.

      4.  For services performed under the provisions of this chapter the administrator of the division [of state lands of the state department of conservation and natural resources shall receive no] is not entitled to receive compensation.

      Sec. 62.  NRS 324.050 is hereby amended to read as follows:

      324.050  1.  Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the state registrar of lands under the Carey Act shall [submit to the commission] prepare a detailed report of the transactions concerning Carey Act lands. [After approval of the commission, such number of copies of the report shall be printed for free distribution as the commission may direct.]

      2.  All pending proceedings before the [commission] division and the state engineer, except applications for permits for water rights, shall not be made public or be open to public inspection until the application for temporary withdrawal or a segregation is filed in the Bureau of Land Management.

      Sec. 63.  NRS 324.060 is hereby amended to read as follows:

      324.060  1.  The [commission is authorized to] division may establish and require the observance of such [rules and] regulations as the [commission] division may deem necessary, proper or expedient, not in conflict with law or the regulations of the Department of the Interior, [with respect to] for the administration of the provisions of this chapter.

      2.  Such [rules and] regulations shall be published from time to time in pamphlet form for free distribution.

      Sec. 64.  NRS 324.070 is hereby amended to read as follows:

      324.070  The [commission] division shall determine the time, manner and conditions under which lands and water rights of any segregation, or any part thereof, [shall be] are thrown open for entry by or sale to intending settlers.

      Sec. 65.  NRS 324.080 is hereby amended to read as follows:

      324.080  1.  The [commission] division may fix the price at which the state disposes of lands in each segregation to settlers, which shall not be less than $10 per acre nor more than the fair market value, including costs incidental to the application.

      2.  The proceeds shall be deposited [in the state treasury in a fund hereby created for such purpose to be known as] with the treasurer for credit to the Carey Act trust fund [.] , which is hereby created.

      Sec. 66.  NRS 324.090 is hereby amended to read as follows:

      324.090  A fee of $100 shall be collected by the [commission] division under the provisions of this chapter and deposited with the state treasurer [to be placed in] for credit to the Carey Act trust fund. The fee covers one copy each of all original documents from the time of application to the time of issuance of patent, including applications for temporary withdrawals and applications for segregations. Other fees may be charged as are established by regulations of the [commission.] division.

      Sec. 67.  NRS 324.100 is hereby amended to read as follows:

      324.100  1.  Subject to the provisions of the Carey Act, the proceeds derived by the state from fees and the sale of Carey Act lands, and by this chapter required to be deposited in the Carey Act trust fund, are subject to control and disposition by the [commission] division and may be used and drawn upon by the [commission from time to time] division for the following purposes, and for none other:

 


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ê1977 Statutes of Nevada, Page 1194 (Chapter 530, AB 278)ê

 

this chapter required to be deposited in the Carey Act trust fund, are subject to control and disposition by the [commission] division and may be used and drawn upon by the [commission from time to time] division for the following purposes, and for none other:

      (a) For the payment of all necessary expenses incurred by [the commission and] the state registrar of lands under the Carey Act for the administration of Carey Act lands.

      (b) For the reclamation, under the control and direction of the [commission,] division, of desert lands in the state, other than those included in any segregation or application for a temporary withdrawal by any applicant except the state.

      (c) For such advertisement and publicity of the desert lands of the state as may advance their settlement and reclamation.

      2.  Until the Carey Act trust fund has received deposits from fees and sales of land under the provisions of this chapter sufficient to meet the necessary disbursements arising under paragraph (a) of subsection 1, the state controller and the state treasurer are authorized and directed to transfer from the state general fund to the Carey Act trust fund, from time to time, sufficient money to meet [the same,] such disbursements, not exceeding $10,000, and such sum is hereby appropriated for that purpose. As soon thereafter as deposits to the credit of the Carey Act trust fund, derived from fees and sales of lands, are sufficient to provide an adequate operating balance in the Carey Act trust fund, all sums so transferred shall be restored to the state general fund.

      3.  All disbursements from the Carey Act trust fund shall be on claims of the [chairman of the commission,] state registrar of lands under the Carey Act and approved by the state board of examiners.

      Sec. 68.  NRS 324.110 is hereby amended to read as follows:

      324.110  1.  The services of the state engineer shall be compensated for by such fees and expense allowances as are authorized by law to be assessed against an applicant for a water right. The inspection, supervision and report of the state engineer upon the proposed irrigation works of an applicant and all other services of the state engineer, if the expense thereof is not covered by law, shall be assessed against the applicant, and shall be required in advance. The state engineer shall [render] submit a statement to the [commission therefor, showing the disposition thereof.] division.

      2.  Except in special cases and for unusual services, the work of the state engineer in connection with the Carey Act shall be taken care of under the fee and compensation system of his office.

      3.  The state engineer [shall be] is the authorized agent of the state to make desert land selections under the Carey Act. [, and he may deputize an engineer under his office to act in his stead.]

      Sec. 69.  NRS 324.120 is hereby amended to read as follows:

      324.120  1.  Any person, [or persons,] association, company or corporation constructing, having constructed, or desiring to construct impounding dams, canals, ditches or other irrigation works, pumping plants, or artesian wells to reclaim lands under the provisions of this chapter, may file with the [commission] division an application for the temporary withdrawal of such lands under the provisions of 43 U.S.C. § 643, designating the [same] lands by legal subdivisions.


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ê1977 Statutes of Nevada, Page 1195 (Chapter 530, AB 278)ê

 

      2.  An application shall:

      (a) Be prepared and submitted in accordance with such [general] regulations as the [commission] division may adopt, [and prescribe,] which shall be in conformity with any regulations of the Department of the Interior.

      (b) Be accompanied by the certificate of the state engineer that an application for a permit to appropriate water [therefor] has been filed in his office.

      (c) Be accompanied by the fee prescribed by this chapter.

      (d) Be accompanied by a written statement from the board of county commissioners of the county or counties in which the lands are located, certifying that the lands covered by the application are zoned for the intended use or will be so zoned by the time the lands are put to the intended use.

      Sec. 70.  NRS 324.130 is hereby amended to read as follows:

      324.130  1.  All such applications, prepared and submitted in accordance with the [rules and] regulations of the [commission] division and of the Department of the Interior, shall be referred to the state engineer. The state engineer shall submit a written report, [thereon,] which [shall cover such] covers information regarding the water supply, the feasibility of the project, the status of the water right, and other data necessary to enable the state registrar of lands under the Carey Act to make the proper application and certification required by the Bureau of Land Management in such cases.

      2.  No application on which the state engineer has reported adversely [shall] may be approved by the [commission.] division. If the state engineer reports favorably [thereon, the commission] on an application, the division shall, at its earliest convenience, consider the [same,] application, and if [a majority of the members approve] the division approves the application (or [approve] approves a modification of the application, in which case, on the acceptance by the applicant of such modification), the [commission shall direct the] state registrar of lands under the Carey Act [to] shall file in the proper office of the Bureau of Land Management a request for the temporary withdrawal of the lands described.

      Sec. 71.  NRS 324.140 is hereby amended to read as follows:

      324.140  1.  Immediately after an application has been approved by the [commission] division, and prior to the filing of the request for the temporary withdrawal in the proper office of the Bureau of Land Management, the applicant shall deposit with the [commission] division a sum which, according to the estimate of the state engineer, will cover the entire cost of the surveys, determinations, maps and plats required by the Secretary of the Interior before approving a segregation and allotment of such lands to the state.

      2.  The deposit shall:

      (a) Be a guarantee that all such surveys, determinations, maps and plats [shall be] are made properly and in good faith on the part of the applicant, and completed and filed with the [commission] division for its examination at least 90 days prior to the termination of the temporary withdrawal; and

      (b) Cover any fees and expenses of the state engineer authorized by law to be collected and charged against the applicant in such cases.


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ê1977 Statutes of Nevada, Page 1196 (Chapter 530, AB 278)ê

 

law to be collected and charged against the applicant in such cases. The state engineer [is empowered to] may supervise such surveys and determinations.

      3.  From time to time, as such surveys, determinations and the preparation of such maps and plats progress, and on requisition by the state engineer, the applicant shall be reimbursed from the deposit for the accrued costs of the same. Any applicant desiring to relinquish and abandon the project prior to the completion of the surveys and determinations, who [shall serve] serves a written notice to that effect upon the [commission,] division, accompanied with a relinquishment to the state of his application for a water right, shall be reimbursed the unexpended balance of his deposit.

      Sec. 72.  NRS 324.150 is hereby amended to read as follows:

      324.150  1.  An applicant who submits his application for a segregation in a form complying with the requirements of the [commission] division and the Secretary of the Interior in respect to surveys, determinations, maps, plats and water rights, which [shall be] are approved by the state engineer and by the [commission,] division, and on payment to the [commission] division of the fee prescribed by this chapter, and any fee required by the state engineer for [any] verification, [thereof,] may waive a request for a temporary withdrawal.

      2.  If an applicant who has completed the requirements of a temporary withdrawal in respect to fees, surveys, determinations, maps, plats and water rights pays the segregation fee required by the Bureau of Land Management, the state registrar of lands under the Carey Act [, by direction of the commission,] shall file a request on the part of the state for a segregation of the lands [embraced] in the approved application.

      Sec. 73.  NRS 324.160 is hereby amended to read as follows:

      324.160  1.  Upon approval by the Secretary of the Interior of the application for a segregation, the [commission] division shall enter into a contract with the applicant for such segregation. The contract shall contain:

      (a) Such complete specifications with respect to the system of irrigation works proposed to reclaim the lands of such segregation as the [commission, by its regulations, shall prescribe.] division prescribes by regulation.

      (b) The price, conditions and terms per acre at which such works and perpetual water rights shall be sold to settlers.

      (c) The price, terms and conditions on which the state is to dispose of the lands to settlers.

      (d) Such [other and] additional requirements and stipulations as shall insure and protect the good reputation of the state and the rights of all parties in interest from the date of the contract to the complete consummation of the enterprise.

      2.  The contract shall not be entered into until the contractor [shall have] has filed a satisfactory bond in a penal sum equal to 5 percent of the estimated cost of the works, which bond shall be conditioned for the faithful performance of the provisions of the contract with this state.

      3.  If, within 3 months after notice by the [commission] division to the applicant, by registered or certified letter addressed to his [, their or its] last-known address, that such segregation has been approved by the Secretary of the Interior, the applicant [person or persons, association, company or corporation] neglects or refuses to appear in person, or through [its] his duly authorized officers, or by an agent who satisfies the [commission] division of his authority to do so, to enter into and execute a contract with the state and supply the bond as required, then the [person or persons, association, company or corporation] applicant shall be declared in default by the [commission] division (unless in the opinion of the [commission] division an extension of time, not exceeding 30 days, should be granted), and all his [, their or its] rights and equities therein lapsed and defaulted to the state.


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ê1977 Statutes of Nevada, Page 1197 (Chapter 530, AB 278)ê

 

its] last-known address, that such segregation has been approved by the Secretary of the Interior, the applicant [person or persons, association, company or corporation] neglects or refuses to appear in person, or through [its] his duly authorized officers, or by an agent who satisfies the [commission] division of his authority to do so, to enter into and execute a contract with the state and supply the bond as required, then the [person or persons, association, company or corporation] applicant shall be declared in default by the [commission] division (unless in the opinion of the [commission] division an extension of time, not exceeding 30 days, should be granted), and all his [, their or its] rights and equities therein lapsed and defaulted to the state. The [commission] division may advertise the equity of such applicant for sale to the highest bidder under such [rules and] regulations as the [commission] division may prescribe, and sell the [same] equity and enter into a contract covering such segregation with the purchaser. [thereof.] In such a case the state engineer shall transfer the application for the water right in the name of and to such purchaser. The proceeds of any such sale shall be used:

      (a) First, to cover the costs and expenses of advertisement and sale.

      (b) Second, to reimburse the defaulting applicant for his outlay in respect to such application, as the same may appear from the records and accounts of the [commission] division and of the state engineer’s office.

      The surplus, if any, shall be deposited in the Carey Act trust fund.

      Sec. 74.  NRS 324.180 is hereby amended to read as follows:

      324.180  Any contract so entered into may:

      1.  Be subsequently modified if in the opinion of the [commission] division such modification conserves and protects the public welfare and the rights of settlers. If such modification relates to changes in the irrigation works or system or to an extension of time for the completion thereof, the consent of the state engineer [shall be] is a condition precedent to any act of the [commission] division authorizing the [same.] modification.

      2.  Contain a stipulation for the subsequent enlargement of the works to irrigate more land under the Carey Act, but no such enlargement [shall] may be undertaken except in accordance with the requirements of an original application.

      Sec. 75.  NRS 324.190 is hereby amended to read as follows:

      324.190  1.  [No] An assignment by any applicant for a temporary withdrawal or segregation of any right, interest, claim or equity, [therein,] before or after its approval, and before a contract [shall actually have] has actually been entered into with the state, shall not be recognized by the [commission] division unless the assignment is accompanied with a certificate signed by the assignee that he has had in his possession, and examined for his own information, a statement of the status of such application or approved segregation, prepared and subscribed by the state registrar of lands under the Carey Act of a date not older than 30 days preceding the date of the execution of the assignment. Any assignment without such statement in the actual possession of the assignee prior to [the] execution, [thereof,] if for a valuable consideration, [shall render] renders the assignor liable to prosecution for fraud.

      2.  [No] An assignment [shall be] is not valid until it receives the approval of the [commission, when the same or a certified copy thereof shall be] division, and the assignment or a certified copy is filed with the [commission] division by the assignee.


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ê1977 Statutes of Nevada, Page 1198 (Chapter 530, AB 278)ê

 

approval of the [commission, when the same or a certified copy thereof shall be] division, and the assignment or a certified copy is filed with the [commission] division by the assignee.

      Sec. 76.  NRS 324.200 is hereby amended to read as follows:

      324.200  1.  [No] A person, [or persons,] association, company or corporation contracting with the state under the provisions of this chapter, or their assigns, shall not require any advance payment of any settler or prospective settler prior to the time when water for the irrigation of his entry or allotment is actually available, unless a satisfactory bond in such sum as the [commission shall require shall be] division requires is deposited with the [commission,] division, conditioned on the return to the settler, with interest at 6 percent per annum, [thereon,] of all payments so made, if water for the irrigation of his entry or allotment is not available at the time stipulated in the agreement with the settler.

      2.  In lieu of a bond as provided in subsection 1, the [commission] division may authorize advance sales to be made by or through the agency of a bank or trust company furnishing satisfactory assurances and guarantees that if the project is not consummated to deliver water for the irrigation of such settler’s entry or allotment within the time specified, such payments with interest shall be returned to the settler.

      Sec. 77.  NRS 324.210 is hereby amended to read as follows:

      324.210  1.  Upon the failure of any parties having contracts with the state for the construction of irrigation works to begin the [same] works within the time specified by the contract, or to complete the [same] works within the time or in accordance with the specifications of the contract with the state, to the satisfaction of the state engineer, the [commission] division shall give such parties written notice of such failure. [The notice shall be signed by the chairman of the commission and the state registrar of lands under the Carey Act.] If after a period of 60 days after the sending of such notice they shall have failed to proceed with the work or to conform to the specifications of their contract with the state, the bond and contract of such parties, and all works constructed thereunder, [shall be at once and thereby] are forfeited to the state. The [commission] division shall at once so declare and give notice once a week for a period of 4 weeks in some newspaper of general circulation in the county or counties in which the work is situated, and in one newspaper at the state capital in like manner and for a like period, of:

      (a) The forfeiture of the contract; and

      (b) That upon a fixed day proposals will be received at the office of the [commission at Carson City, Nevada,] division for the purchase of the uncompleted works and for the completion of the contract.

      2.  The [commission] division shall give notice in its advertisement for proposals for the purchase of such uncompleted works that the successful bidder [therefor shall be] is required, before the transfer of ownership, to furnish a satisfactory bond in a prescribed sum conditioned for the faithful fulfillment of the uncompleted provisions of the contract with the state.

      3.  The time of receiving bids shall be at least 60 days subsequent to the issuing of the last notice of forfeiture.

      4.  The money received by the [commission] division from the sale of partially completed works under the provisions of this section shall first be applied to the expenses incurred by the state in their forfeiture and disposal and to satisfy the bond.


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ê1977 Statutes of Nevada, Page 1199 (Chapter 530, AB 278)ê

 

of partially completed works under the provisions of this section shall first be applied to the expenses incurred by the state in their forfeiture and disposal and to satisfy the bond. The surplus, if any exists, shall be paid to the original contractors with the state.

      Sec. 78.  NRS 324.220 is hereby amended to read as follows:

      324.220  1.  Any citizen of the United States or a person who is a lawful permanent resident of the United States, over the age of 18 years, may make application, under oath, to the [commission] division to enter any of such land in an amount not to exceed 160 acres for any one person.

      2.  The application shall:

      (a) Set forth that the person desiring to make such entry does so for the purpose of actual reclamation, cultivation and settlement in accordance with the Carey Act and the laws of this state. [relative thereto.]

      (b) Set forth that the applicant has never received the benefit of the provisions of this chapter to an amount greater than 160 acres, including the number of acres specified in the application under consideration.

      (c) Be accompanied by a certified copy of a contract for a perpetual water right, made and entered into by the party making application with the person, [or persons,] association, company or corporation authorized by the [commission] division to furnish water for the reclamation of such lands.

      (d) If the applicant has at any previous time entered lands under the provisions of this section, state such fact together with the description, date of entry and location of such land.

      (e) Be accompanied by a payment established by the [commission,] division, which [shall be] is a partial payment on the land if the application is allowed.

      3.  The [commission] division shall file the application and papers [relating thereto] in its office, and, if allowed, shall issue a certificate of location to the applicant. All certificates, when issued, shall be recorded in a book to be kept for that purpose.

      4.  If the application is not allowed, the payment accompanying the application shall be refunded to the applicant.

      5.  The balance unpaid on the price fixed by the [commission] division for the land allowed an applicant is due and payable in such installments and at such times as the [commission] division prescribes, but before a patent is issued the full price of the land [shall be] must be paid by the settler.

      Sec. 79.  NRS 324.230 is hereby amended to read as follows:

      324.230  1.  Within 1 year after a water right is available for the irrigation of the land described in a certificate of location, the settler shall cultivate and reclaim not less than one-sixteenth part of the land filed on, and within 2 years thereafter, shall have actually irrigated and cultivated not less than one-eighth. [thereof.] Within 3 years thereafter, the settler shall appear before the state registrar of lands under the Carey Act, or the judge or clerk of any court of record within the state [, or any agent designated by the commission,] and make final proof of reclamation, settlement and occupation, in such form and according to such requirements as may be prescribed by the [commission] division or the Department of the Interior.


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ê1977 Statutes of Nevada, Page 1200 (Chapter 530, AB 278)ê

 

Department of the Interior. The officer taking this proof is entitled to receive a minimum fee of $10, which shall be paid by the settler and shall be in addition to the price paid to the state for the land. When the state registrar of lands under the Carey Act takes final proof, all fees received by him shall be deposited [in] with the state treasurer for credit to the Carey Act trust fund.

      2.  The state registrar of lands under the Carey Act [and the agents appointed by the commission] may administer oaths required under this chapter.

      3.  All proofs so received shall be accompanied with the final payment for the land, and upon approval by the [commission] division the settler is entitled to a patent.

      4.  If the land is not embraced in any patent [theretofore] issued to the state by the United States, the proofs shall be forwarded to the Secretary of the Interior with the request that a patent to the lands be issued to the state. When the works designed for the irrigation of lands under the provisions of this chapter [shall be] are so far completed as actually to furnish in a substantial ditch or canal, or by artesian wells or reservoirs, water to reclaim any particular tract or tracts of such land, the State of Nevada may, by and in the discretion of the [commission,] division, make proof of such fact, and apply for a patent to such lands in the manner provided by 43 U.S.C. § 642.

      Sec. 80.  NRS 324.240 is hereby amended to read as follows:

      324.240  1.  Upon the issuance of a patent to any lands by the United States, notice shall be forwarded to the settler upon such land. All patents issued by the state to the settler shall be:

      (a) Signed by the governor.

      (b) Attested by the state registrar of lands under the Carey Act.

      (c) Under such seal as the [commission] division may adopt for such purpose.

      (d) Recorded in the office of the state registrar of lands under the Carey Act in a book kept for that purpose.

      2.  [No] A patent shall not issue on an assignment of a certificate of location, or by reason of a process of foreclosure, unless the assignee or purchaser under foreclosure possesses all the qualifications of an original applicant.

      Sec. 81.  NRS 324.290 is hereby amended to read as follows:

      324.290  [Nothing in this chapter shall be construed as authorizing the commission] This chapter does not authorize the division to obligate the state to pay for any work constructed under any contract or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the state.

      Sec. 82.  (Deleted by amendment.)

      Sec. 83.  NRS 341.030 is hereby amended to read as follows:

      341.030  1.  The members of the board shall be appointed for terms of 4 years.

      2.  The term of office of each member shall begin [January 1] July 1 of the year of his appointment.

      Sec. 84.  (Deleted by amendment.)


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ê1977 Statutes of Nevada, Page 1201 (Chapter 530, AB 278)ê

 

      Sec. 85.  NRS 360.010 is hereby amended to read as follows:

      360.010  1.  [There is hereby created a commission to be designated and known as the Nevada tax commission.

      2.  The Nevada tax commission shall consist of seven commissioners appointed by the governor.

      3.]  The Nevada tax commission, consisting of seven members appointed by the governor, is hereby created.

      2.  The governor shall designate one of the commissioners to serve as chairman of the commission.

      [4.] 3.  The governor [shall be] is an ex officio, nonvoting member of the commission. He [shall receive no] is not entitled to receive compensation for his services as such ex officio member.

      Sec. 86.  NRS 360.030 is hereby amended to read as follows:

      360.030  1.  Not more than four of the seven commissioners [shall] may be appointed from any one county in this state, and not more than four members of the Nevada tax commission [shall] may be of the same political party.

      2.  The first appointments to the commission after October 30, 1977, shall be for terms [beginning July 1, 1975,] as follows:

      (a) Two commissioners [for 4 years.] whose terms expire October 30, 1981.

      (b) Two commissioners [for 3 years.] whose terms expire October 30, 1980.

      (c) Two commissioners [for 2 years.] whose terms expire October 30, 1979.

      (d) One commissioner [for 1 year.] whose term expires October 30, 1978.

Thereafter, all commissioners shall be appointed for terms of 4 years, except when appointed to fill unexpired terms.

      3.  Appointments to fill vacancies on the commission shall be for the unexpired term of the commissioner to be replaced, and shall be made by the governor.

      4.  Any commissioner may be removed by the governor if, in his opinion, such commissioner is guilty of malfeasance in office or neglect of duty.

      Sec. 87.  NRS 361.375 is hereby amended to read as follows:

      361.375  1.  The state board of equalization [shall consist] , consisting of five members appointed by the governor [.] , is hereby created. The governor shall designate one of the members to serve as chairman of the board.

      2.  [The board members shall respectively possess the following qualifications:

      (a) One shall be] The governor shall appoint:

      (a) One member who is a certified public accountant or a registered public accountant.

      (b) One [shall be] member who is a property appraiser with a professional designation.

      (c) One [shall be] member who is versed in the valuation of centrally assessed properties.

      (d) Two [shall be] members who are versed in business generally.


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ê1977 Statutes of Nevada, Page 1202 (Chapter 530, AB 278)ê

 

      3.  Only three of the members may be of the same political party and no more than two may be from the same county.

      4.  An elected public officer or his deputy, employee or any person appointed by him to serve in another position shall not be appointed to serve as a member of the state board of equalization.

      5.  The first appointments to the board after October 31, 1977, shall be for terms [beginning July 1, 1975,] as follows:

      (a) Two members [for 4 years.] whose terms expire October 30, 1981.

      (b) One member [for 3 years.] whose term expires October 30, 1980.

      (c) One member [for 2 years.] whose term expires October 30, 1979.

      (d) One member [for 1 year.] whose term expires October 30, 1978.

Thereafter, all members shall be appointed for terms of 4 years, except when appointed to fill unexpired terms. Appointments to fill vacancies on the board shall be for the unexpired term of the board member to be replaced, and shall be made by the governor. No member may serve more than two full terms consecutively.

      6.  Any member of the board may be removed by the governor if, in his opinion, such member is guilty of malfeasance in office or neglect of duty.

      7.  Each board member [shall] is entitled to receive as compensation $40 for each day actually employed on the work of the board. The board members are entitled to receive the per diem allowance and travel expenses as provided by law.

      8.  A majority of the members of the board [shall be sufficient to constitute] constitutes a quorum, and a majority of the board shall determine the action of the board. The board may [make] adopt regulations governing the conduct of its business.

      9.  The staff requirements of the state board of equalization shall be provided by the department and the executive director [shall serve as] is the secretary of the board.

      Sec. 88.  NRS 365.535 is hereby amended to read as follows:

      365.535  1.  It is declared to be the policy of the State of Nevada to apply the motor vehicle fuel tax paid on fuel used in watercraft for recreational purposes during each calendar year, which is hereby declared to be not refundable to the consumer, for the improvement of boating and other outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act).

      2.  The amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes shall be determined annually by the department by use of the following formula:

      (a) Multiplying the total boats with motors registered the previous calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76 gallons average fuel purchased per boat; and

      (b) Adding 566,771 gallons of fuel purchased by out-of-state boaters as determined through a study conducted during 1969-1970 by the division of agricultural and resource economics, Max C. Fleischmann college of agriculture, University of Nevada, Reno; and


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ê1977 Statutes of Nevada, Page 1203 (Chapter 530, AB 278)ê

 

      (c) Multiplying the total gallons determined by adding the total obtained under paragraph (a) to the figure in paragraph (b) times the excise tax rates levied under the provisions of NRS 365.170 to 365.190, inclusive, less the percentage of such rate authorized to be deducted by the dealer pursuant to NRS 365.330.

      3.  The Nevada department of fish and game shall submit annually to the department, on or before April 1, the number of boats with motors registered in the previous calendar year. On or before June 1, the department, using such data, shall compute the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes based on the formula set forth in subsection 2, and shall certify the apportionment and distribution ratio as defined in subsection 4, in writing, to the Nevada department of fish and game and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.

      4.  In each fiscal year, the state treasurer shall, upon receipt of the tax moneys from the department collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive:

      (a) Allocate 30 percent of the remittances and deposits made pursuant to subsections 1 and 2 to the Nevada department of fish and game for deposit and use as provided in subsection 2 of NRS 501.356. All moneys so received by the department shall be expended only for the administration and enforcement of the provisions of chapter 488 of NRS and for the improvement of boating facilities and other outdoor recreational facilities associated with boating on state-owned wildlife management areas. Any of these funds declared by the Nevada department of fish and game to be in excess of their immediate requirements for these purposes may [, in accordance with subsection 5 of NRS 501.181,] be transferred to the credit of the division of state parks of the state department of conservation and natural resources for their use in accordance with the provisions of paragraph (b).

      (b) Deposit in the general fund in the state treasury to the credit of the division of state parks of the state department of conservation and natural resources 70 percent of the remittances and deposits made pursuant to subsections 1 and 2. All moneys so deposited to the credit of the division of state parks of the state department of conservation and natural resources shall be expended only as authorized by the legislature for the improvement of boating facilities and other outdoor recreational facilities associated with boating.

      5.  Remittances and deposits required to be made by the state treasurer pursuant to the provisions of subsection 4 may be made quarterly or oftener if convenient to the state treasurer.

      Sec. 89.  NRS 381.030 is hereby amended to read as follows:

      381.030  [The Nevada state museum shall be managed by a board of trustees.] The Nevada state museum board of trustees, consisting of nine members appointed by the governor, is hereby created.

      Sec. 89.5.  NRS 381.040 is hereby amended to read as follows:

      381.040  1.  [The board of trustees shall consist of not less than 5 nor more than 15 members who shall serve for terms of 4 years and until their respective successors are elected. Membership on the board shall be increased pursuant to bylaws adopted under NRS 381.110.


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ê1977 Statutes of Nevada, Page 1204 (Chapter 530, AB 278)ê

 

      2.  Upon the expiration of the term of any trustee, his successor shall be elected from the membership by an election to be held at the annual meeting of the members of the Nevada state museum.] The governor may appoint members to the board of trustees from a list of names submitted by the general membership of the Nevada state museum.

      2.  A person appointed shall be a member of the general membership of the museum and shall have knowledge of, and an interest in, the Nevada state museum.

      Sec. 90.  NRS 381.060 is hereby amended to read as follows:

      381.060  The board of trustees shall elect [its own] a chairman and a secretary from among the trustees.

      Sec. 91.  NRS 381.070 is hereby amended to read as follows:

      381.070  Trustees [shall] are entitled to receive $40 per day or portion thereof as compensation for attending meetings of the trustees, plus travel expenses and subsistence allowances as provided [in NRS 281.160.] by law.

      Sec. 92.  NRS 381.090 is hereby amended to read as follows:

      381.090  1.  In addition to such funds as may be dedicated, granted or otherwise received by the museum from private individuals, firms, associations or corporations, funds to carry out the provisions of NRS 381.010 to 381.190, inclusive, shall be provided by legislative appropriation from the state general fund, and shall be paid out on claims as other claims against the state are paid.

      2.  The [board of trustees shall have the power to] director may audit and approve all bills, claims and accounts [respecting] of the Nevada state museum.

      3.  All moneys and property received by the museum through any grant, bequest or devise, and the proceeds from memberships, sales, interest or dividends from any sources other than appropriation by the legislature, [shall be under the direct control of the trustees. The trustees] are under the control of the director. The director shall place such moneys in savings institutions to draw interest or be expended, invested and reinvested pursuant to the specific instructions of the donor, or, where no such specific instructions exist, in the sound discretion of the [trustees.] director. Such moneys shall be budgeted and expended, within any limitations which may have been specified by particular donors, at the discretion of the [trustees.] director.

      Sec. 93.  NRS 381.100 is hereby amended to read as follows:

      381.100  The board of trustees shall [have the power and duty to manage and control the museum officers and the Nevada state museum so as to attain and carry out the purposes and objects of NRS 381.010 to 381.190, inclusive.] establish nonadministrative policies for the Nevada state museum.

      Sec. 94.  NRS 381.105 is hereby amended to read as follows:

      381.105  The [board of trustees is authorized to] director may establish a procedure whereby extraordinary or emergency purchases of supplies, materials or equipment may be made [by the director,] through expenditures of donated or dedicated funds only, with permission of the chief of the purchasing division of the department of general services, but without otherwise meeting the requirements of the State Purchasing Act.


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ê1977 Statutes of Nevada, Page 1205 (Chapter 530, AB 278)ê

 

but without otherwise meeting the requirements of the State Purchasing Act.

      Sec. 95.  NRS 381.110 is hereby amended to read as follows:

      381.110  1.  The [board of trustees is authorized and directed to] director shall adopt a code of bylaws for the regulation and government of the Nevada state museum, consistent with all legislative enactments relating thereto.

      2.  The code of bylaws shall also provide for and define the qualifications for life, honorary, annual, sustaining and such other memberships as the [trustees] director may deem necessary, and for the voting powers thereof.

      3.  The bylaws shall also provide for the establishment and handling of a petty cash fund under the imprest system and for the fidelity bonding of any [trustee,] officer or employee of the museum who [shall handle] handles or [have] has access to any funds of the museum.

      Sec. 96.  NRS 381.120 is hereby amended to read as follows:

      381.120  1.  The governor shall appoint a director from a list of three names submitted by the board. The director of the Nevada state museum shall be a person who has:

      (a) An advanced degree in science or history; and

      (b) At least 3 years’ experience in managing a museum.

      2.  The [board of trustees] director may employ and fix the duties, powers and conditions of employment of [the director and] all curators, assistants, janitors, laborers, guards and employees of the Nevada state museum.

      [2.] 3.  Except for the director and two assistants, [specified by the board of trustees,] all employees of the Nevada state museum whose salaries are paid from the general fund appropriation [shall be] are in the classified service of the state. The director [shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.] is in the unclassified service. The [board of trustees] director may, within the limits of legislative appropriation, fix the annual salaries of the two assistants.

      [3.] 4.  When any employee is required to perform any travel in conjunction with his duties and at the specific instruction of his supervisor, he shall be reimbursed for such expense as provided by law. [in accordance with the provisions of NRS 281.160.

      4.] 5.  The director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 97.  NRS 381.140 is hereby amended to read as follows:

      381.140  The [board of trustees shall have the power:] director may:

      1.  [To acquire,] Acquire, supervise, control, manage and operate the Nevada state museum mint building in Carson City, Nevada, and any other buildings or properties in this state which might be acquired by any means. [whatever.]

      2.  [To furnish,] Furnish, heat, light, remodel, repair, alter, erect and [to] supervise the furnishing, remodeling, repairing, alteration and erection of the mint premises and buildings or other premises and buildings which may be conveyed to or made available for the State of Nevada for museum purposes.


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ê1977 Statutes of Nevada, Page 1206 (Chapter 530, AB 278)ê

 

erection of the mint premises and buildings or other premises and buildings which may be conveyed to or made available for the State of Nevada for museum purposes. [To that end and subject to all existing laws, the board of trustees] The director may make and obtain plans and specifications and let and supervise contracts for work or have the work done on force account or day labor, supplying material or labor, or otherwise. [as the board may see fit.]

      Sec. 98.  NRS 381.150 is hereby amended to read as follows:

      381.150  The [board of trustees shall have the power:] director may:

      1.  [To receive] Receive and accept and obtain by exchange in the name of the State of Nevada all sums, donations and property donated or given in exchange to the State of Nevada or the Nevada state museum for the purposes of NRS 381.010 to 381.190, inclusive, and all property loaned for preservation, care, display or exhibit, or [to] decline and reject the [same in its] property in his discretion, and [to] undertake to be responsible for all property loaned to the Nevada state museum or [to] make just payment of any reasonable costs or rentals therefor.

      2.  [To accept] Accept and apply all sums, donations and property, subject to the terms and conditions of the donor, and [to] apply and expend such sums, donations and property in accordance with such terms and conditions.

      Sec. 99.  NRS 381.160 is hereby amended to read as follows:

      381.160  The [board of trustees shall have the power:] director may:

      1.  [To govern,] Govern, manage and control the exhibit and display of all property and things of the Nevada state museum at other exhibits, expositions, world’s fairs and places of public or private exhibition.

      2.  [To negotiate] Negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storing, custody, display and exhibit of articles and things controlled by the Nevada state museum and respecting the terms and cost, [thereof,] the manner, time, place and extent, [thereof,] and the return thereof.

      3.  [To make] Make rules respecting the charging of any admission price or fee to see such displays or exhibits, either at the Nevada state museum or elsewhere, but:

      (a) [No] A rule shall not permit the charging of any admission fee or price beyond the necessary outlay for presenting the exhibit (excluding all overhead or capital charges or charges for permanent employees); and

      (b) [No] A rule shall not permit the charging of any admission price or fee [whatever] to see the permanent exhibits or displays in the Nevada state museum at Carson City, Nevada.

      Sec. 100.  NRS 381.170 is hereby amended to read as follows:

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


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ê1977 Statutes of Nevada, Page 1207 (Chapter 530, AB 278)ê

 

state museum, subject to being removed and again exhibited at the discretion of the [board of trustees.] director.

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

      Sec. 101.  NRS 381.190 is hereby amended to read as follows:

      381.190  The [board of trustees has the power to] director may trade, exchange and transfer exhibits and duplicates [thereof] when the [board] director deems it proper, and such transactions shall not be deemed sales.

      Sec. 102.  NRS 381.195 is hereby amended to read as follows:

      381.195  As used in NRS 381.195 to 381.227, inclusive:

      1.  “Board” means the board of trustees of the Nevada state museum.

      2.  “Director” means the director of the Nevada state museum.

      3.  “Historic” means after the advent of the white man to Nevada.

      [3.] 4.  “Historic site” means a site, landmark or monument of historical significance pertaining to the white man’s history of Nevada, or Indian campgrounds, shelters, petroglyphs, pictographs and burials.

      [4.] 5.  “Person” means any individual, partnership, society, institute, corporation or agents thereof.

      [5.] 6.  “Prehistoric” means before the advent of the white man to Nevada.

      [6.] 7.  “Prehistoric site” means an archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves and burials.

      Sec. 103.  NRS 381.199 is hereby amended to read as follows:

      381.199  1.  An applicant [shall be] is required to secure, from the [board,] director, or an agent designated by the [board,] director, a permit for the investigation, exploration or excavation of any state or federal lands within the boundaries of the State of Nevada.

      2.  If the land to be investigated, explored or excavated is owned or held by the United States, the applicant [shall also be] is also required to secure a permit from the proper authorities in accordance with the provisions of 16 U.S.C. §§ 431 to 433, inclusive.

      Sec. 104.  NRS 381.201 is hereby amended to read as follows:

      381.201  The [board] director may designate any state board, state department or state institution as an agent for the purpose of issuing permits.

      Sec. 105.  NRS 381.203 is hereby amended to read as follows:

      381.203  1.  In order to qualify as the recipient of a permit, the applicant must show:

      (a) That the investigation, exploration or excavation is undertaken for the benefit of a reputable museum, university, college or other recognized scientific or educational institution, with a view of increasing knowledge.

      (b) That the gathering [shall be] is made for permanent preservation in public museums or other recognized educational or scientific institutions.

      (c) That the applicant [is possessed of] possesses sufficient knowledge and scientific training to make such an investigation, exploration or excavation.


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ê1977 Statutes of Nevada, Page 1208 (Chapter 530, AB 278)ê

 

      (d) The location of the site where the applicant proposes to investigate, explore or excavate.

      2.  The [board] director may prescribe reasonable [rules and] regulations for carrying out such investigations, explorations or excavations.

      Sec. 106.  NRS 381.205 is hereby amended to read as follows:

      381.205  Upon granting the permit, the [board] director shall immediately notify the division of historic preservation and archeology of the state department of conservation and natural resources, the sheriff in the county in which the permit is to be exercised, and personnel of the Nevada highway patrol controlling the state roads of the district embracing the site in which the permit is to be exercised.

      Sec. 107.  NRS 381.207 is hereby amended to read as follows:

      381.207  1.  A permitholder, except as provided in subsections 2 and 3, who does work upon aboriginal mounds and earthworks, ancient burial grounds, prehistoric sites, fossil bone deposits or other archeological and vertebrate paleontological features within the state shall give to the state 50 percent of all articles, implements and materials found or discovered, to be deposited with the state museum, for exhibition or other use within the state as determined by the [board.] director. The [board] director may, in [its] his discretion, accept less than 50 percent of such items. Upon receipt of items pursuant to this subsection the [board] director shall notify the division of historic preservation and archeology of the state department of conservation and natural resources.

      2.  A permitholder who does any such work within the state under the authority and direction of the Nevada historical society, a state institution or a political subdivision of the state shall give 50 percent of all articles, implements and materials found or discovered to such society, institution or political subdivision. The permitholder may retain the other 50 percent.

      3.  If the Nevada historical society, a state institution or a political subdivision is the permitholder, such society, institution or political subdivision may retain all articles, implements and materials found or discovered.

      4.  Whenever the division of historic preservation and archeology acquires articles, implements and materials under the provisions of this section, they shall be transferred to the [board] director for exhibition or other use within the state as determined by the [board.] director.

      Sec. 108.  NRS 381.209 is hereby amended to read as follows:

      381.209  The [board] director may limit a permit as to time and location. [No] A permit shall not be granted:

      1.  For a period of more than 1 year.

      2.  For investigation, exploration or excavation in a larger area than the applicant can reasonably be expected to explore fully and systematically within the time limit set in the permit.

      3.  For the removal of any ancient monument, structure or site which can be permanently preserved under the control of the State of Nevada in situ, and remain an object of interest, if desired by the state, for a park, landmark or monument for the benefit of the public.

      Sec. 109.  NRS 381.215 is hereby amended to read as follows:

      381.215  After the close of each season’s work, within a reasonable time designated in the permit, every permitholder shall furnish to the [board] director a report containing a detailed account of the work done, material collected and other pertinent data.


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ê1977 Statutes of Nevada, Page 1209 (Chapter 530, AB 278)ê

 

time designated in the permit, every permitholder shall furnish to the [board] director a report containing a detailed account of the work done, material collected and other pertinent data.

      Sec. 110.  NRS 381.223 is hereby amended to read as follows:

      381.223  Any object of antiquity taken, or collection made, on historic or prehistoric sites covered by NRS 381.195 to 381.227, inclusive, without a permit shall be seized by the proper law enforcement officers, who shall notify the [board] director of the action. The object or collection so taken shall be forfeited to the state at the Nevada state museum for exhibition or other use within the state as determined by the [board.] director. Upon receipt of any forfeited item pursuant to this section the [board] director shall notify the division of historic preservation and archeology of the state department of conservation and natural resources.

      Sec. 111.  NRS 381.290 is hereby amended to read as follows:

      381.290  1.  The Lost City museum advisory commission, consisting of seven members [,] appointed by the governor, is hereby created.

      2.  [Six of the members shall be appointed by the governor from among the residents of Clark County, Nevada. On the first commission appointed three shall be appointed for a term of 2 years and three for 4 years. Thereafter all such members shall be appointed for a term of 4 years, except that any vacancy caused by the death or resignation of a member or for any other reason shall be filled for the balance of the unexpired term.

      3.  The other member of the commission shall be selected by the governor from among the membership of the board of trustees of the Nevada state museum. The term of such member shall coincide with his term as a trustee.] The governor shall appoint:

      (a) Six members who are residents of Clark County, Nevada.

      (b) One member who is a member of the board of trustees of the Nevada state museum.

      3.  Each member of the commission is entitled to receive a salary of $40 for each day’s attendance at a meeting of the commission and the per diem allowance and travel expenses provided by law.

      Sec. 112.  NRS 381.300 is hereby amended to read as follows:

      381.300  The Lost City museum advisory commission shall:

      1.  [Adopt policies to guide] Advise the curator and employees of the Lost City museum in the management of such museum relating to the display and acquisition of artifacts.

      2.  Study the feasibility of establishing a system of museums in southern Nevada and make such recommendations to the legislature regarding such a system as the commission may determine appropriate.

      Sec. 113.  NRS 382.012 is hereby amended to read as follows:

      382.012  1.  [The Nevada historical society shall be managed by a board of trustees consisting of seven members appointed by the governor to serve for terms of 4 years or until their respective successors are appointed.

      2.  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 vacancy caused by the death or resignation of any member shall be filled for the balance of the unexpired term.


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ê1977 Statutes of Nevada, Page 1210 (Chapter 530, AB 278)ê

 

caused by the death or resignation of any member shall be filled for the balance of the unexpired term.

      3.]The Nevada historical society board of trustees, consisting of seven members appointed by the governor, is hereby created.

      2.  The board of trustees shall elect its own chairman and secretary from among the trustees.

      3.  The board of trustees shall establish the nonadministrative policies of the Nevada historical society.

      Sec. 114.  NRS 382.013 is hereby amended to read as follows:

      382.013  Trustees [shall] are entitled to receive $40 for each day or portion thereof as compensation for attending meetings of the trustees, plus travel expenses and subsistence allowances as provided [in NRS 281.160.] by law.

      Sec. 115.  NRS 382.014 is hereby amended to read as follows:

      382.014  The [general powers and duties of the board of trustees shall be to:] director may:

      1.  Govern, manage and control the exhibit and display of all property and things of the Nevada historical society;

      2.  Trade, exchange and transfer exhibits and duplicates thereof when the board deems it proper, and such transactions shall not be deemed sales;

      3.  Negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storing, custody, display and exhibit of articles and things controlled by the Nevada historical society and respecting the terms and cost, [thereof,] the manner, time, place and extent, [thereof,] and the return thereof;

      4.  Audit and approve all bills, claims and accounts respecting the Nevada historical society [.] ;

      5.  Collect all moneys and property received by the Nevada historical society through any grant, bequest or devise, and the proceeds from memberships, sales, interest or dividends from any sources other than appropriation by the legislature;

      6.  Adopt rules [and regulations] for the internal management of the Nevada historical society; and

      7.  Adopt [rules and] regulations necessary to carry out the provisions and purposes of this chapter.

      Sec. 116.  NRS 382.015 is hereby amended to read as follows:

      382.015  The [board of trustees is authorized to] director may establish a procedure whereby extraordinary or emergency purchases of supplies, materials or equipment may be made [by the chairman of the board of trustees,] through expenditures of donated or dedicated funds only, with permission of the chief of the purchasing division of the department of general services, but without otherwise meeting the requirements of the State Purchasing Act.

      Sec. 117.  NRS 382.020 is hereby amended to read as follows:

      382.020  1.  [The office of executive secretary of the Nevada historical society is hereby created.] The governor shall appoint a director from a list of three names submitted by the board of trustees.


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ê1977 Statutes of Nevada, Page 1211 (Chapter 530, AB 278)ê

 

from a list of three names submitted by the board of trustees. The director shall be a person who has:

      (a) An advanced degree in science, history or a discipline related to the functions of the historical society; and

      (b) At least 3 years’ experience in managing a similar type agency.

      2.  The [executive secretary] director of the Nevada historical society [shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.] is in the unclassified service.

      3.  The [executive secretary] director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 118.  NRS 382.022 is hereby amended to read as follows:

      382.022  1.  The [board of trustees] director may hire and fix the duties, powers and conditions of employment of necessary technical and clerical personnel.

      2.  Employees of the Nevada historical society in the unclassified service of the state shall receive annual salaries [in the amounts determined pursuant to the provisions of NRS 284.182.] as provided by law.

      Sec. 119.  NRS 382.026 is hereby amended to read as follows:

      382.026  1.  The [board of trustees] director may set the qualifications for life, honorary, annual, sustaining and such other memberships as the [trustees] director may deem necessary.

      2.  All persons holding membership in the Nevada historical society on April 27, 1967, shall be allowed to maintain such membership in compliance with the provisions of this chapter.

      Sec. 120.  NRS 382.030 is hereby amended to read as follows:

      382.030  1.  The [chairman and the secretary of the board of trustees of the Nevada historical society] director shall make a report biennially to the governor. The report shall embrace the transactions, work and expenditures of the organization.

      2.  The report shall be printed in accordance with the provisions of chapter 344 of NRS.

      Sec. 121.  NRS 382.050 is hereby amended to read as follows:

      382.050  1.  The superintendent of the state printing and records division of the department of general services shall [cause such number of] print as many copies of historical papers issued by the society [to be printed] as may be ordered by the [society.] director. When printed, the copies shall be delivered to the [executive secretary of the Nevada historical society] director to be sold for the society’s benefit, to be exchanged, or to be distributed to its members.

      2.  All plates for illustrating any volume shall be furnished to the superintendent by the society, and the costs of printing, binding and transportation shall be paid by the society.

      3.  The society may sell pamphlets or books prepared solely by or printed for the society which shall be for the purpose of disseminating general or historical information only. The society may deposit the proceeds of such sales in an insured commercial bank account.

      4.  Funds received by the society from donations, grants or any other source may be deposited in the [account provided for in subsection 3.]


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ê1977 Statutes of Nevada, Page 1212 (Chapter 530, AB 278)ê

 

bank account. Expenditures of such funds shall be limited to the purpose of the donation, grant or other source of the fund.

      5.  [A trustee designated by the board of trustees and the executive secretary] The director or his designee shall: [jointly:]

      (a) Draw all checks on the [account established pursuant to subsection 3.] bank account.

      (b) Endorse all checks or other negotiable items made payable to the Nevada historical society for deposit in the [account established pursuant to subsection 3.] bank account.

      Sec. 122.  NRS 383.030 is hereby amended to read as follows:

      383.030  The Nevada council on libraries, consisting of the state librarian and six members appointed by the governor, is hereby created. The council [shall be] is responsible to the governor and may make recommendations to the legislature of the State of Nevada.

      Sec. 123.  NRS 383.040 is hereby amended to read as follows:

      383.040  [The council shall consist of seven members. Six members shall be appointed by the governor and the seventh member shall be the state librarian. Two of the appointed members shall be librarians in active service; two shall be trustees of legally established libraries or library systems; two shall be persons with an active and demonstrated interest, knowledge and understanding of libraries and library service. The appointments shall be made from a list of 12 candidates with proportionate representation so as to number four librarians, four trustees of established libraries or library systems and four lay persons. Such list shall be submitted to the governor by the executive board of the Nevada Library Association.] The governor shall appoint:

      1.  Two members who are librarians in active service.

      2.  Two members who are trustees of legally established libraries or library systems.

      3.  Two members who have an active and demonstrated interest, knowledge and understanding of libraries and library service.

      Sec. 123.1.  NRS 383.080 is hereby amended to read as follows:

      383.080  1.  The council shall meet not more than semiannually or upon call of the chairman. [Travel payments]

      2.  Each member of the council is entitled to receive a salary of $40 for each day’s attendance at a meeting of the council and the per diem allowance and travel expenses provided by law.

      3.  Payments shall be made upon duly itemized and verified claims approved by the state librarian from funds appropriated to the Nevada state library.

      Sec. 123.3.  NRS 384.010 is hereby amended to read as follows:

      384.010  This chapter shall be known and may be cited as the [Virginia City] Comstock Historic District Act.

      Sec. 123.5.  NRS 384.030 is hereby amended to read as follows:

      384.030  As used in this chapter:

      1.  “Commission” means the [Virginia City] Comstock historic district commission.

      2.  “Exterior architectural features” means the architectural style, general design and general arrangement of the exterior of a structure, including the kind and texture of the building material, the type and style of all windows, doors, light fixtures and signs, color, and other appurtenant fixtures.


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ê1977 Statutes of Nevada, Page 1213 (Chapter 530, AB 278)ê

 

of all windows, doors, light fixtures and signs, color, and other appurtenant fixtures.

      3.  “Historic district” means an area within which structures and places of historical interest are under the protection of the commission.

      4.  “Structure” means any building for whatever purpose constructed or used, housetrailer as defined in NRS 484.069, stone wall, fence, light fixture, step, paving, advertising sign, bill poster and any fixture appurtenant thereto, but does not include structures or signs of a temporary nature such as those erected for celebrations or parades.

      Sec. 124.  NRS 384.040 is hereby amended to read as follows:

      384.040  [1.  There is hereby created the Virginia City historic district commission, which shall consist of nine members to be appointed by the governor.

      2.  Of the first board appointed, four commissioners shall be appointed for terms of 2 years and five commissioners shall be appointed for terms of 4 years.

      3.  Thereafter the terms of all members shall be 4 years.] The Comstock historic district commission, consisting of nine members appointed by the governor, is hereby created within the division of state parks of the state department of conservation and natural resources.

      Sec. 125.  NRS 384.050 is hereby amended to read as follows:

      384.050  1.  [One commissioner shall be a member of the board of trustees of the Nevada state museum, one commissioner shall be a member of the board of trustees of the Nevada historical society, one commissioner shall be a member of the board of trustees of the Comstock Historical Restoration Foundation, one commissioner shall be a person licensed to practice architecture in this state, and two commissioners shall be residents of the district.

      2.  The other three commissioners shall be] The governor shall appoint:

      (a) One member who is a member of the board of trustees of the Nevada state museum.

      (b) One member who is a member of the board of trustees of the Nevada historical society.

      (c) One member who is a member of the board of trustees of the Comstock Historical Restoration Foundation.

      (d) One member who is a person licensed to practice architecture in the State of Nevada.

      (e) Two members who are residents of the district.

      (f) Three members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and [shall be] are residents of this state.

      [3.  Subject to the qualifications contained in this section, vacancies in the membership of the commission shall be filled by appointment by the governor for the unexpired term. Each commissioner shall continue in office after the expiration of his term until his successor is duly appointed and qualified.

      4.] 2.  The commission shall elect one of its members as chairman and another as vice chairman, who shall serve for a term of 1 year or until their successors are duly elected and qualified.


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ê1977 Statutes of Nevada, Page 1214 (Chapter 530, AB 278)ê

 

      3.  Each member of the commission is entitled to receive a salary of $40 for each day’s attendance at a meeting of the commission and the per diem allowance and travel expenses provided by law.

      Sec. 126.  NRS 385.465 is hereby amended to read as follows:

      385.465  1.  The superintendent of public instruction shall appoint a special consultant on Indian education within the state department of education. The appointment shall be approved by the state board of education. [and the Nevada Indian advisory committee for Indian education.]

      2.  The special consultant on Indian education shall be an Indian [and shall hold] who holds a degree in education from an accredited institution of higher learning and [shall have] has at least 3 years of experience as a teacher or school administrator. An advanced degree in education may be substituted for 1 year of the required experience.

      3.  The special consultant on Indian education shall work within the state department of education [, with the Nevada Indian advisory committee for Indian education] and with the Indian tribes in establishing programs and curricula designed to meet the special educational needs of Indians in this state.

      4.  The special consultant on Indian education [shall have] has primary responsibility within the state department of education for the approval of the granting of federal funds authorized under the state Johnson-O’Malley contract to local school districts for meeting the special educational needs of Indians.

      Secs. 127 and 128.  (Deleted by amendment.)

      Sec. 129.  NRS 390.010 is hereby amended to read as follows:

      390.010  [There is in the state department of education a state textbook commission, consisting of:

      1.  The superintendent of public instruction or his delegated representative;

      2.] 1.  The state textbook commission, consisting of the superintendent of public instruction or his designee and eight members appointed by the governor, is hereby created within the state department of education.

      2.  The governor shall appoint:

      (a) Four [persons, appointed by the governor,] members from Clark County;

      [3.  Two persons, appointed by the governor,] (b) Two members from Washoe County; and

      [4.  Two persons, appointed by the governor,] (c) Two members from the remainder of the state.

      Sec. 129.5.  NRS 390.110 is hereby amended to read as follows:

      390.110  1.  The members of the commission [shall receive actual and necessary per diem] are entitled to receive a salary of $40 and the per diem allowance and travel expenses [as authorized] provided by law when engaged in transacting the business of the state textbook commission.

      2.  Funds to carry out the provisions of this section shall be provided by legislative appropriation from the general fund.

      3.  Claims for expenses shall be allowed and paid as other claims against the state are paid.

      Sec. 130.  NRS 394.381 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1215 (Chapter 530, AB 278)ê

 

      394.381  1.  [The commission shall include the following persons:

      (a) One] The governor shall appoint:

      (a) One member who is a representative of the state board of education.

      (b) [Two persons] Two members who are knowledgeable in the field of education, but not persons representing postsecondary educational institutions, or colleges established or maintained under the laws of this state.

      (c) [Two persons representing] Two members who are representatives of private postsecondary educational institutions.

      (d) [Two persons from the public at large who] Two members who are representatives of the general public and are not associated with the field of education.

      2.  The commission shall designate a chairman. The administrator [shall be] is the executive secretary. The commission shall meet at least four times each year at such places and times as shall be specified by a call of the chairman or majority of the commission. The commission shall prescribe regulations for its own management. Four members of the commission [constitutes] constitute a quorum which may exercise all the authority conferred upon the commission.

      3.  [Appointments to fill vacancies on the commission caused by death, resignation or inability of a commissioner to perform his duties shall be for the unexpired term of the commissioner to be replaced.

      4.]  Any commissioner may be removed by the governor if, in his opinion, the commissioner is guilty of malfeasance in office or neglect of duty.

      Sec. 131.  NRS 394.391 is hereby amended to read as follows:

      394.391  1.  [The commission consists of seven members to be appointed by the governor. The term of office of each commissioner is for 4 years, except that the initial appointments shall be as follows:

      (a) Two for 2 years;

      (b) Two for 3 years; and

      (c) Three for 4 years.] The commission on postsecondary institutional authorization, consisting of seven members appointed by the governor, is hereby created.

      2.  The members of the commission [shall serve without compensation, but] are entitled to receive a salary of $40 for each day’s attendance at a meeting of the commission and the per diem allowances and travel expenses provided by law.

      Sec. 131.5.  NRS 394.540 is hereby amended to read as follows:

      394.540  1.  All fees collected pursuant to the provisions of the Postsecondary Educational Authorization Act shall be deposited in the state treasury to the credit of the general fund, and no fees so collected are subject to refund. The fees to be collected by the commission shall accompany an application for a license to operate or an agent’s permit. [, in accordance with the following schedule:

      1.  The initial application fee for postsecondary educational institutions is $50.

      2.  The renewal fee for a postsecondary educational institution is $50.

      3.  The initial fee for an agent’s permit is $5.

      4.  The renewal fee for an agent’s permit is $5.]


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ê1977 Statutes of Nevada, Page 1216 (Chapter 530, AB 278)ê

 

      2.  The commission shall, by regulation, adopt a fee schedule which may not exceed the following:

      (a) The initial application fee or renewal fee for a postsecondary educational institution       $250

      (b) The initial fee or renewal fee for an agent’s permit....................................................... 30

      Secs. 132-141.  (Deleted by amendment.)

      Sec. 142.  (Deleted by amendment.)

      Sec. 143.  NRS 407.017 is hereby amended to read as follows:

      407.017  [There is hereby created in the Nevada state park system a] The state park advisory commission [composed] , consisting of seven members [to be] appointed by the governor [.] , is hereby created within the Nevada state park system.

      Sec. 143.5.  NRS 407.025 is hereby amended to read as follows:

      407.025  While engaged in official business of the system, the members of the commission [shall receive] are entitled to receive a salary of $40 for each day’s attendance at a meeting of the commission and the per diem [expense] allowance and travel expenses as provided by law.

      Secs. 144-149.  (Deleted by amendment.)

      Sec. 150.  NRS 417.090 is hereby amended to read as follows:

      417.090  The [duties of the] commissioner and the deputy commissioner [are:

      1.  To assist] shall:

      1.  Assist veterans, and those presently serving in the military and naval forces of the United States who are residents of the State of Nevada, their wives, widows, husbands, children, dependents, administrators, executors and personnel representatives, in preparing, submitting and presenting any claim against the United States, or any state, for adjusted compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation, and [to] assist them in obtaining any aid or benefit to which they may, from time to time, be entitled under the laws of the United States or of any of the states.

      2.  [To aid,] Aid, assist, encourage and cooperate with every nationally recognized service organization insofar as the activities of such organizations are for the benefit of veterans and servicemen and women.

      3.  [To give] Give aid, assistance and counsel to each and every problem, question and situation, individual as well as collective, affecting any veteran or serviceman or woman, or their dependents, or any group of veterans or servicemen and women, when in their opinion such comes within the scope of this chapter.

      4.  Coordinate activities of veterans’ organizations.

      5.  Serve as a clearinghouse and disseminate information relating to veterans’ benefits.

      6.  Conduct any studies which will assist veterans to obtain compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which veterans may be entitled under the laws of the United States or of any state.

      Sec. 151.  NRS 417.150 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1217 (Chapter 530, AB 278)ê

 

      417.150  1.  The Nevada veterans’ advisory commission, consisting of seven members appointed by the governor, is hereby created.

      2.  [The advisory commission shall consist of seven members who shall be appointed by the governor as follows:

      (a) One member shall represent the American Legion.

      (b) One member shall represent the American Veterans.

      (c) One member shall represent the Disabled American Veterans.

      (d) One member shall represent the Veterans of Foreign Wars.

      (e) One member shall represent the Veterans of World War I.

      (f) Two members shall represent the general public.] The governor shall appoint:

      (a) Five members who are representatives of veteran’s organizations.

      (b) Two members who are representatives of the general public.

      Sec. 152.  NRS 417.160 is hereby amended to read as follows:

      417.160  1.  [On July 1, 1975, the governor shall appoint four members for 3-year terms and three members for 2-year terms. Thereafter all members shall serve 4-year terms. In the event of a vacancy, the governor shall appoint another member in the same manner as the original member was appointed to fill the remainder of the unexpired term.

      2.] The Nevada veterans’ advisory commission shall annually choose one of its members to serve as chairman and one of its members to serve as secretary.

      [3.] 2.  Members of the advisory commission [shall] are entitled to receive:

      (a) A salary of not more than $40 per day, as fixed by the commission, while engaged in the business of the [advisory] commission.

      (b) A subsistence allowance of not more than $40 per day, as fixed by the commission, and actual expenses for transportation, while traveling on business of the [advisory] commission.

      Sec. 153.  NRS 417.190 is hereby amended to read as follows:

      417.190  The advisory commission shall:

      1.  Advise the commissioner and deputy commissioner of veteran affairs.

      2.  [Coordinate activities of veterans’ organizations.

      3.  Serve as a clearinghouse and disseminate information relating to veterans’ benefits.

      4.] Make recommendations to the governor, the legislature, the commissioner and deputy commissioner of veteran affairs regarding aid or benefits to veterans.

      [5.  Conduct any studies which will assist veterans to obtain compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which veterans may be entitled under the laws of the United States or of any state.]

      Sec. 154.  NRS 422.070 is hereby amended to read as follows:

      422.070  [There is hereby created in the welfare division a bipartisan state welfare board composed of seven members appointed by the governor. Not more than four of such members shall be members of the same political party.]


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ê1977 Statutes of Nevada, Page 1218 (Chapter 530, AB 278)ê

 

same political party.] The state welfare board, consisting of seven members appointed by the governor, is hereby created within the welfare division of the department of human resources.

      Sec. 155.  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 three members shall be residents of the same county.]

      1.  The governor shall appoint members who have an interest in and a knowledge of the field of public welfare.

      2.  Members of the board shall be selected to give statewide representation, and not more than three members may be residents of the same county.

      3.  Members of the board may be removed for failure to attend board meetings.

      Secs. 156-160.  (Deleted by amendment.)

      Sec. 161.  NRS 427A.130 is hereby amended to read as follows:

      427A.130  1.  [There is hereby created within the division a state advisory committee on older Americans whose function shall be to make recommendations to the division concerning policies for providing services to the elderly of the State of Nevada under the provisions of the Older Americans Act of 1965 (42 U.S.C. § 3001 et seq.), as amended from time to time.

      2.  The committee shall be composed of 11 members appointed by the director on the basis of experience with or recognized interest in and knowledge of the problems of and services for the aging.] The state advisory committee on older Americans, consisting of nine members appointed by the governor, is hereby created within the aging services division of the department of human resources.

      2.  The governor shall appoint members who have experience with or an interest in and knowledge of the problems of and services for the aging.

      3.  Committee members shall be selected on a geographic basis to give statewide representation in general proportion to the elderly population, except that:

      (a) Not more than four members may represent counties having a population of 200,000 or more;

      (b) Not more than three members may represent counties having a population of 100,000 or more but less than 200,000,

as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      4.  The committee shall make recommendations to the division concerning policies for providing services to the elderly of the State of Nevada pursuant to the Older Americans Act of 1965 (42 U.S.C. § 3001 et seq.).

      5.  A member may be dismissed by the governor for cause or for failure to attend committee meetings.

      Sec. 161.5.  NRS 427A.151 is hereby amended to read as follows:

      427A.151  Members of the advisory committee [shall serve without compensation but] are entitled to receive a salary of $40 for each day’s attendance at a meeting of the committee and the travel expenses and subsistence allowance [as] provided by law while engaged in the performance of their official duties.


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ê1977 Statutes of Nevada, Page 1219 (Chapter 530, AB 278)ê

 

subsistence allowance [as] provided by law while engaged in the performance of their official duties.

      Secs. 162 and 163.  (Deleted by amendment.)

      Sec. 164.  NRS 433.284 is hereby amended to read as follows:

      433.284  1.  [There is hereby created the mental hygiene and mental retardation advisory board composed of 11 members appointed by and responsible to the governor and serving at the pleasure of the governor.

      2.  The members of the board shall be selected with special reference to their ability and fitness to advise with respect to the duties assigned by law to the division. At least two of the members shall have a special interest in the field of mental health and at least two shall have a special interest in the field of mental retardation.] The mental hygiene and mental retardation advisory board, consisting of seven members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Two members who have a special interest in the field of mental health.

      (b) Two members who have a special interest in the field of mental retardation.

      (c) Three members who are representatives of the general public.

      Sec. 165.  NRS 433.304 is hereby amended to read as follows:

      433.304  1.  The members of the board shall meet at such times and places as are necessary, but board meetings shall be held at least quarterly. The board shall keep minutes of the transactions of each board meeting, which shall be public records and filed with the division.

      2.  For each day’s attendance at a meeting of the board, the members [shall receive] are entitled to receive a salary of $40 and the per diem expense allowances and travel expenses as fixed by law.

      3.  [Six] A majority of the members of the board [shall constitute] constitutes a quorum, and such quorum may exercise all powers [and authority] of the board.

      4.  The board shall prescribe [rules and] regulations for its own management.

      Sec. 166.  (Deleted by amendment.)

      Sec. 167.  NRS 444.340 is hereby amended to read as follows:

      444.340  The policy of the State of Nevada with respect to the uniformity of plumbing codes throughout the state is:

      1.  That uniformity is a matter of statewide interest and concern, affecting health and environmental conditions, housing costs and efficiency in private housing construction.

      2.  That, by allowing local governments to waive and modify provisions of the Uniform Plumbing Code, adopted by the International Association of Plumbing and Mechanical Officials, based on differences in geographic and climatic conditions only upon submission of such proposed waivers and modifications to [a regional plumbing board,] the state public works board, excessive waivers and modifications would be deterred.

      Sec. 168.  NRS 444.350 is hereby amended to read as follows:

      444.350  1.  Any construction, alteration or change in the use of a building or other structure in this state shall be in compliance with the latest edition of the Uniform Plumbing Code adopted by the International Association of Plumbing and Mechanical Officials.


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ê1977 Statutes of Nevada, Page 1220 (Chapter 530, AB 278)ê

 

latest edition of the Uniform Plumbing Code adopted by the International Association of Plumbing and Mechanical Officials.

      2.  Any city or county may adopt such modifications as are deemed reasonably necessary because of geographic, topographic or climatic conditions of such city or county. Any city or county desiring to make changes to the Uniform Plumbing Code, with changes, shall submit such amended code to [its regional plumbing board] the state public works board prior to its adoption.

      Sec. 169.  NRS 444.420 is hereby amended to read as follows:

      444.420  [Each regional plumbing board] The state public works board shall:

      1.  Review all proposed adoptions of the Uniform Plumbing Code by any city or county [within its jurisdiction] and any proposed changes to the Uniform Plumbing Code, and advise such city or county on whether or not such change is deemed warranted by geographic, topographic or climatic conditions.

      2.  Submit a copy of the Uniform Plumbing Code adopted by any city or county [within its jurisdiction] to the health division of the department of human resources.

      Sec. 170.  NRS 444.430 is hereby amended to read as follows:

      444.430  1.  The governing body of any city or county shall, 60 days prior to the adoption of any regulation for the enforcement of the Uniform Plumbing Code or any [rules or regulations promulgated] other regulations pursuant thereto, deliver by certified or registered mail, a copy of the proposed regulation to the [appropriate regional plumbing] state public works board for the board’s recommendation on the proposed regulation.

      2.  The governing body of the city or county may, 60 days after the [appropriate regional plumbing] state public works board receives the copy of the proposed regulation, adopt the regulation with or without the approval of the [regional plumbing board.] state public works board.

      Sec. 171.  NRS 445.451 is hereby amended to read as follows:

      445.451  1.  The state environmental commission is hereby created as a division of the state department of conservation and natural resources. The commission shall consist of:

      (a) The director of the Nevada department of fish and game;

      (b) The state forester firewarden;

      (c) The state engineer;

      (d) The executive director of the state department of agriculture;

      (e) A member of the state board of health to be designated by that board; and

      (f) Four members appointed by the governor who have a demonstrated knowledge and expertise.

      2.  [All gubernatorial appointees shall serve at the pleasure of the governor.

      3.] The governor shall appoint the chairman of the commission from among the [nine] members.

      [4.]3.  Six members of the commission [shall] constitute a quorum and a majority of those present must concur in any decision.

      [5.]4.  Each member who is appointed by the governor is entitled to receive a salary of $40 for each day’s attendance at a meeting of the committee and the [traveling] travel expenses and subsistence allowances as provided [in NRS 281.160.]


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ê1977 Statutes of Nevada, Page 1221 (Chapter 530, AB 278)ê

 

receive a salary of $40 for each day’s attendance at a meeting of the committee and the [traveling] travel expenses and subsistence allowances as provided [in NRS 281.160.] by law.

      [6.]5.  Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection [shall] does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.

      [7.  Any vacancy created in the commission because of disqualification under subsection 6 shall be filled by appointment by the governor.

      8.]6.  The department of human resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including but not limited to, the department of highways, the state department of conservation and natural resources, the Nevada department of fish and game, the University of Nevada System, the state public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.

      Sec. 171.5.  NRS 453.031 is hereby amended to read as follows:

      453.031  “Board” means [:

      1.  For the purposes of the regulation of any pharmacy, as defined in NRS 453.371, under the provisions of NRS 453.011 to 453.551, inclusive, the state board of pharmacy.

      2.  For all other purposes provided for in NRS 453.011 to 453.551, inclusive, the state board of pharmacy and one chemist. Such chemist shall be:

      (a) A person who has had experience in the field of controlled substances.

      (b) Appointed by the governor and serve at the pleasure of the governor.] the state board of pharmacy.

      Sec. 172.  NRS 457.020 is hereby amended to read as follows:

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

      1.  “Cancer” means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma and leukemia.

      2.  [“Council” means the Nevada cancer advisory council.

      3.] “Health division” means the health division of the department of human resources.

      Sec. 173.  NRS 457.070 is hereby amended to read as follows:

      457.070  The health division shall:

      1.  Adopt [reasonable rules and] regulations for the administration of this chapter. [, in accordance with the recommendations of the council.]

      2.  Investigate violations of this chapter.

      3.  Investigate and test the content, method of preparation and use of any drug, medicine, compound or device proposed to be used or used by any person or association in the state for the diagnosis, treatment or cure of cancer.


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ê1977 Statutes of Nevada, Page 1222 (Chapter 530, AB 278)ê

 

of any drug, medicine, compound or device proposed to be used or used by any person or association in the state for the diagnosis, treatment or cure of cancer.

      4.  Make findings of fact upon completion of any testing or investigation authorized by this chapter.

      5.  Hold hearings for the purpose of determining whether any of the provisions of this chapter have been violated. [Any such hearing may be held before the council at its discretion. Any administrative action taken by the health division as a result of such hearings shall be taken only upon the recommendation of the council.]

      6.  Contract with independent scientific consultants for specialized services and advice.

      Sec. 174.  NRS 457.090 is hereby amended to read as follows:

      457.090  [Following] After an investigation by the health division of the content or composition of any drug, medicine, compound or device used by any person or association in the diagnosis, treatment or cure of cancer, the health division [, after receiving the recommendations of the council,] shall direct that any such person or association shall, prior to prescribing, recommending or making use of any such drug, medicine, compound or device in the treatment of any person, furnish such person with a statement as to the nature and content of such drug, medicine, compound or device. The [council] health division may also require that such person or association post in a conspicuous place in his or its office or treatment rooms a like statement as to the nature and content of such drug, medicine, compound or device [, and such statement shall be] in the form and size prescribed by the health division.

      Sec. 175.  NRS 457.100 is hereby amended to read as follows:

      457.100  The investigation or testing of any product by the health division is not an endorsement of the qualifications or value of such product, and [no] a person shall not make any representation that investigation or testing constitutes an approval or endorsement of his [or its] activities by the health division. [or the council.]

      Sec. 176.  NRS 457.110 is hereby amended to read as follows:

      457.110  After investigation or testing by the health division of the content or composition of any drug, medicine, compound or device used by any person or association in the diagnosis, treatment or cure of cancer, the health division [, upon the recommendation of the council,] may direct that such person or association cease and desist any further prescribing, recommending or use of any such drug, medicine, compound or device or substantially similar drugs, medicines, compounds or devices in the diagnosis or treatment of cancer.

      Sec. 177.  NRS 457.130 is hereby amended to read as follows:

      457.130  [Upon recommendation by the council, the] The health division shall arrange by contract for investigation by and submission to it of findings, conclusions or opinions of trained scientists in the appropriate departments of universities and medical schools and [the submission to it of findings, conclusions or opinions of] other qualified scientists.

      Sec. 178.  NRS 457.140 is hereby amended to read as follows:

      457.140  Prior to the issuance of a cease and desist order under this chapter, the [council] health division shall make a written finding of fact based on such investigation that the drug, medicine, compound or device so investigated has been found to be of no value in the diagnosis, treatment or cure of cancer.


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ê1977 Statutes of Nevada, Page 1223 (Chapter 530, AB 278)ê

 

so investigated has been found to be of no value in the diagnosis, treatment or cure of cancer.

      Sec. 179.  NRS 457.170 is hereby amended to read as follows:

      457.170  The health division [, upon the recommendation of the council, may from time to time] may publish reports based on its investigation or testing of any drug, medicine, compound or device prescribed, recommended or used by any person or association, and [when, in the opinion of a majority of the members of the council,] if the health division determines that the use of any drug, medicine, compound or device in the diagnosis, treatment or cure of cancer constitutes an imminent danger to health or a gross deception of the public, the health division may take appropriate steps to publicize the [same.] danger or deception involved in such use. No such report [or part thereof] is admissible in evidence in any criminal prosecution.

      Sec. 180.  NRS 458.010 is hereby amended to read as follows:

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

      1.  “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

      2.  “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.

      3.  “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.

      4.  [“Board” means the state alcohol and drug abuse advisory board.

      5.] “Bureau” means the bureau of alcohol and drug abuse in the rehabilitation division of the department.

      [6.] 5.  “Chief” means the chief of the bureau.

      [7.] 6.  “Civil protective custody” means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.

      [8.] 7.  “Department” means the department of human resources.

      [9.] 8.  “Director” means the director of the department.

      [10.] 9.  “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

      Sec. 181.  NRS 466.030 is hereby amended to read as follows:

      466.030  1.  [The Nevada racing commission is created and vested with the powers and duties specified in this chapter and also the powers necessary or proper to enable it to carry out fully and effectually all of the purposes of this chapter.] The Nevada racing commission, consisting of five members appointed by the governor, is hereby created.

      2.  The jurisdiction, supervision, powers and duties of the commission extend [under this chapter] to all persons, associations or corporations which hold or conduct any meeting within the State of Nevada where any racing is permitted for any stake, purse or reward.

      3.  The commission may [promulgate rules and] adopt regulations for the conduct of horse and greyhound racing.

      Sec. 182.  NRS 466.040 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1224 (Chapter 530, AB 278)ê

 

      466.040  1.  [The commission shall consist of five members, all of whom shall be appointed by the governor. Not more than three of the members shall be of the same political party. One of the members shall be designated by the governor to be chairman of the commission.

      2.  Each member of the commission at the time of his appointment and qualification shall be a resident of the State of Nevada and shall have resided in this state for a period of at least 5 years next preceding his appointment and qualification, and shall be a qualified voter therein and not less than 35 years of age. No person shall be eligible for appointment as a member or shall hold the office of member of the commission who:] The governor shall appoint five members who:

      (a) Have resided in the State of Nevada for at least 5 years preceding such appointment;

      (b) Are qualified electors; and

      (c) Are not less than 35 years of age at the time of the appointment.

      2.  The governor shall designate a member to serve as chairman.

      3.  Not more than three of the members may be of the same political party.

      4.  A person is not eligible for appointment if he:

      (a) Holds any official relation to any association or corporation engaged in or conducting racing within the State of Nevada; [or]

      (b) Holds stock or bonds therein; or

      (c) Has any pecuniary interest therein.

      [3.  Two of the members of the commission shall hold office for 2 years from the beginning of their terms of office and until their successors shall qualify. Two of the members of the commission shall hold office for 4 years from the beginning of their terms of office and until their successors shall qualify. One of the members of the commission shall hold office for 1 year from the beginning of his term of office and until his successor shall qualify. The term of office of each member of the commission shall begin within 30 days from April 1, 1951. The governor, at the time of making and announcing the appointment of the 5 members of the commission, as well as in the commission issued by him to each of them, shall designate which of the members shall serve for the term of 1 year, which shall serve for the term of 2 years, and which shall serve for the term of 4 years, and also which member shall be the chairman of the commission.

      4.  Upon being appointed or reappointed after the terms designated in subsection 3, each member of the commission shall serve for a term of 4 years.]

      5.  Before entering upon the discharge of the duties of his office each member of the commission shall take an oath that he will well and faithfully execute all and singular the duties pertaining to his office according to the laws of the State of Nevada and the [rules and] regulations adopted [in accordance therewith.] by the commission.

      6.  The governor may remove any member of the commission for inefficiency, neglect of duty or misconduct in office.

      Sec. 183.  NRS 467.020 is hereby amended to read as follows:

      467.020  1.  The Nevada athletic commission, consisting of five members appointed by the governor, is hereby created.


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ê1977 Statutes of Nevada, Page 1225 (Chapter 530, AB 278)ê

 

      2.  [Each member shall hold office at the pleasure of the governor, but in no event shall a member hold office in excess of 4 years except by reappointment of the governor.

      3.] Three members of the commission [shall] constitute a quorum for the exercise of the [powers or] authority conferred upon the commission, and a concurrence of at least three of the members [shall be] is necessary to render a choice or a decision by the commission.

      [4.  No] 3.  A member shall not at any time during his service as a member of the commission promote or sponsor any boxing contest, wrestling exhibition or combination of such events, or have any financial interest in the promotion or sponsorship of such contests or exhibitions.

      Sec. 184.  NRS 472.030 is hereby amended to read as follows:

      472.030  1.  The state board of forestry and fire control, consisting of seven members appointed by the governor, is hereby created. [The board shall consist of seven members appointed by the governor.]

      2.  The governor shall [make his appointments as follows:] appoint:

      (a) One member from the Nevada Woolgrowers Association;

      (b) One member from the Nevada State Cattlemen’s Association;

      (c) One member who [shall be] is a representative of the agricultural industry;

      (d) One member who [shall be] is an active participant in outdoor activities connected with fish and wildlife;

      (e) One member who [shall be] is a representative of the lumber and forest products industry;

      (f) One member who [shall be] is a representative of the [public at large; and] general public; and

      (g) One member who [shall be] is a representative of the fire services.

      [2.  Immediately following July 1, 1955, the governor shall appoint:

      (a) One member from the Nevada Woolgrowers Association and one member from the Nevada State Cattlemen’s Association for terms of 2 years.

      (b) One member who shall be a representative of the agricultural industry for a term of 3 years.

      (c) One member who shall be a representative of the lumber and forest products industry and one member who shall be a representative of the public at large for terms of 4 years.

Thereafter, appointments shall be for terms of 4 years.

      3.  Immediately following July 1, 1959, and every fourth year thereafter, the governor shall appoint one member who shall be an active participant in outdoor activities connected with fish and wildlife and one member who shall be a representative of the public at large for terms of 4 years.

      4.  Upon the first expiration of the term of a member representing the public at large, the governor shall appoint one member who shall be a representative of the fire services for a term of 4 years; and if a vacancy sooner occurs as to either of the public representatives, he shall appoint a representative of the fire services to fill the vacancy.

      5.  A vacancy shall be filled by the governor for the unexpired term.

      6.] 3.  The board shall select a chairman from among its members to serve for 1 year.


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ê1977 Statutes of Nevada, Page 1226 (Chapter 530, AB 278)ê

 

serve for 1 year. The state forester firewarden shall serve as the secretary of the board.

      [7.] 4.  The board shall meet twice yearly, once in the spring and once in the fall of the year, the date to be fixed by the secretary at any convenient place in the state, and may meet at other times upon call by the secretary.

      [8.] 5.  The members of the board [shall receive no compensation for their services, but shall be entitled to mileage and] are entitled to receive a salary of $40 for each day’s attendance at a meeting of the board and the per diem [expenses the same as other state officers.] allowance and travel expenses provided by law.

      [9.  The duties of the board shall be:

      (a) To represent]

      6.  The board shall:

      (a) Represent the interests of the State of Nevada in federal land matters pertaining to watershed resources, forestry and fire control; and

      (b) [To protect] Protect the interests of the State of Nevada in forest and watershed resources on state and private lands.

      [10.] 7.  The board shall assist the director of the state department of conservation and natural resources to determine, establish and maintain an adequate policy of forest and watershed protection. The general policies for the guidance of the state forester firewarden shall be determined and designated by the director of the state department of conservation and natural resources after consultation with the board.

      Sec. 185.  NRS 477.010 is hereby amended to read as follows:

      477.010  1.  The state fire marshal division is hereby established in the department of commerce.

      2.  The division consists of the fire protection section, the factory-built housing section and the mobile home and travel trailer section.

      3.  [The state fire marshal shall be:

      (a) Appointed from the names submitted pursuant to the provisions of paragraph (c) of subsection 7 of NRS 477.020.

      (b) In the classified service of the state except for the method of appointment.] The director of the department of commerce shall appoint the state fire marshal, who shall be in the unclassified service of the state.

      Sec. 186.  NRS 477.020 is hereby amended to read as follows:

      477.020  1.  The state fire marshal’s advisory board, consisting of five members appointed by the governor, is hereby created. [The board shall consist of five members appointed by the governor. Persons appointed to the board shall be employed in the fire service within the state.

      2.  Immediately following July 1, 1965, the governor shall appoint:

      (a) Two members of the board for terms of 2 years.

      (b) Two members of the board for terms of 3 years.

      (c) One member of the board for a term of 4 years.

      3.  Appointments by the governor made after the initial appointments provided for in subsection 2 shall be for terms of 4 years. Vacancies shall be filled by the governor for the unexpired term.

      4.] 2.  The governor shall appoint members who are employed in the fire service within the state. No member may serve for more than two consecutive terms.

      3.  The board shall select a chairman from among its members to serve for 1 year.


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ê1977 Statutes of Nevada, Page 1227 (Chapter 530, AB 278)ê

 

serve for 1 year. The state fire marshal shall serve as the secretary of the board.

      [5.] 4.  The board shall meet on the call of the chairman, the secretary or any three members.

      [6.] 5.  The members of the board [shall receive no compensation for their services, but shall be] are entitled to [mileage] receive a salary of $40 for each day’s attendance at a meeting of the board and the per diem [expenses the same as other state officers.] allowances and travel expenses provided by law.

      [7.] 6.  The [duties of the] board shall [be:

      (a) To submit the names of qualified persons to the state fire marshal for appointment as deputy state fire marshals.

      (b) To] make recommendations to the state fire marshal and to the legislature concerning necessary legislation in the field of firefighting and fire protection.

      [(c) To submit the names of qualified persons to the governor for appointment as state fire marshal.

      (d) To conduct hearings upon the request of any person denied a license under the provisions of NRS 477.033.]

      Sec. 187.  Chapter 489 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “Director” means the director of the department of commerce.

      Sec. 188.  NRS 489.031 is hereby amended to read as follows:

      489.031  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.041 to 489.156, inclusive, and section 187 of this act have the meanings ascribed to them in such sections.

      Sec. 189.  NRS 489.270 is hereby amended to read as follows:

      489.270  In order to carry out the provisions of this chapter, the state fire marshal or the [commission] director may:

      1.  Issue subpenas;

      2.  Conduct hearings; and

      3.  Administer oaths.

      Sec. 190.  NRS 489.280 is hereby amended to read as follows:

      489.280  The state fire marshal: [, with the approval of the commission:]

      1.  Shall [make and promulgate rules and] adopt regulations embodying the fundamental principles adopted, recommended or issued by:

      (a) The American National Standards Institute (ANSI) standard A119.3 with respect to mobile home parks, standard A119.1 with respect to mobile homes and standard A119.2 with respect to travel trailers; or

      (b) The National Fire Protection Association (NFPA) standard 501-A with respect to mobile home parks, standard 501-B with respect to mobile homes and standard 501-C with respect to travel trailers.

      2.  May [make and promulgate rules and] adopt regulations embodying standards higher than those in paragraphs (a) and (b) of subsection 1 if the public health, welfare and safety require it.

      3.  May [make and promulgate rules and] adopt regulations pertaining to the body and frame design and construction requirements and plumbing, heating and electrical systems of mobile homes and travel trailers manufactured prior to January 1, 1968, and may [make and promulgate rules and] adopt regulations pertaining to body and frame design and construction requirements for mobile homes and travel trailers constructed after January 1, 1968, but before July 1, 1973.


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ê1977 Statutes of Nevada, Page 1228 (Chapter 530, AB 278)ê

 

trailers manufactured prior to January 1, 1968, and may [make and promulgate rules and] adopt regulations pertaining to body and frame design and construction requirements for mobile homes and travel trailers constructed after January 1, 1968, but before July 1, 1973.

      4.  Shall [make and promulgate rules and] adopt regulations allowing the issuance of insignia to manufacturers of mobile homes or travel trailers to be affixed by such manufacturers. Such rules shall provide for:

      (a) In-plant inspection;

      (b) Submission of plans and specifications;

      (c) Remedies to dealers and consumers of mobile homes or travel trailers which do not comply with the applicable standard; and

      (d) Revocation for cause, upon notice and hearing, of the right of a manufacturer to sell mobile homes or travel trailers in this state for use in this state.

      5.  Shall [make and promulgate rules and] adopt regulations providing for:

      (a) Fees for issuance of certificates and labels of compliance;

      (b) Fees for plan checks;

      (c) Fees for inspections of manufacturing plants;

      (d) Fees for licenses for firms to issue labels of compliance; and

      (e) Other fees for the services of the mobile home and travel trailer section.

      Sec. 191.  NRS 489.350 is hereby amended to read as follows:

      489.350  A mobile home or travel trailer which bears a seal or other certification by another state which the [commission] director finds has a competent inspection program or a label of compliance issued by a firm licensed under NRS 489.290 to 489.320, inclusive, that the plumbing, heating and electrical systems, body and frame design and construction requirements of such mobile home or travel trailer are installed in compliance with the American Standards or its equivalent shall be deemed to meet the requirements of this state, and the division or persons authorized by it shall issue a seal upon application and proof that the mobile home or travel trailer meets the requirements of this chapter.

      Sec. 192.  NRS 489.440 is hereby amended to read as follows:

      489.440  1.  The applicant or licensee may, within 30 days after receipt of the notice of denial or revocation, petition the [commission] director in writing for a hearing.

      2.  Upon filing the petition, a date for hearing shall be fixed.

      3.  Within 10 days after the hearing, the [commission] director shall make written findings of fact and conclusions and shall either grant or finally deny the application or revoke the license.

      4.  Notwithstanding the provisions of subsections 1 to 3, inclusive, the [commission may, if it] director may, if he finds that the action is necessary in the public interest, upon notice to the licensee, temporarily suspend or refuse to renew the license certificate. In any such case a hearing shall be held, and a final decision rendered within 30 days after notice of the temporary suspension.

      Sec. 193.  NRS 489.480 is hereby amended to read as follows:

      489.480  1.  Denial of application for or revocation of a salesman’s license may be appealed to the [commission] director within 30 days after receipt of the notice of denial or revocation.


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      2.  The procedure [shall be] is that provided in NRS 489.440.

      Sec. 194.  NRS 501.167 is hereby amended to read as follows:

      501.167  [1.  There is hereby created the] The state board of fish and game commissioners [, which shall consist of nine members, who shall be designated as provided in NRS 501.171.

      2.  Commission members shall serve the natural resources interests of the state as expressed in NRS 501.100.

      3.  The commission shall select one of its members as chairman.] , consisting of nine members appointed by the governor, is hereby created.

      Sec. 195.  NRS 501.171 is hereby amended to read as follows:

      501.171  1.  [The commission shall consist of nine persons:

      (a) The two state board members from Clark and Washoe counties, respectively;

      (b) Six state board members, who shall be selected by caucus of the remaining 15 state board members; and

      (c) One person appointed at large by the governor, initially on or before June 15, 1969.

      2.  The initial terms of the members of the commission shall be as follows:

      (a) The six members selected by caucus to serve until December 31, 1973.

      (b) The three remaining members to serve until December 31, 1971.

      3.  After the expiration of the terms provided in subsection 2, the term of each succeeding commissioner shall be 4 years, and succession shall be determined as follows:

      (a) The governor shall make appointments to the class of three commissioners, as provided in subsection 2 and in NRS 501.120.

      (b) The caucus shall make appointments to the class of six commissioners, as provided in subsection 2.] The governor shall appoint nine members who have demonstrated an active interest in wildlife affairs for not less than 5 years.

      2.  The commission shall select a chairman from among its members.

      Sec. 196.  NRS 501.181 is hereby amended to read as follows:

      501.181  The commission shall:

      1.  Establish broad policies for:

      (a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.

      (b) The promotion of the safety of persons and property using or used in the operation of vessels on the waters of the state.

      (c) The promotion of uniformity of laws relating to such policy matters.

      (d) The designation of fish and game wardens and for their training.

      2.  Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.

      3.  Cover by such established policies the following areas of interest, but coverage is not necessarily limited to the following:

      (a) The management of big and small game animals, upland and migratory game birds, fur-bearing animals, game fish, and protected and unprotected animals, birds, fish, reptiles and amphibians.

      (b) The control of wildlife depredations.


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      (c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife, the entry, access to, and occupancy and use of such property, including leases of grazing rights, sale of agricultural and timber products or exploration for or extraction of minerals, oil, gas or thermal power on lands controlled by the department under cooperative agreements or owned or leased by the department.

      (d) The control of nonresident hunters.

      (e) The introduction, transplanting or exporting of wildlife.

      (f) Cooperation with federal, state and local agencies on wildlife and boating programs.

      (g) The establishment and operation of private and commercial game farms, hunting preserves, hatcheries and guide services.

      (h) The hunting, fishing or trapping privileges of any person convicted of two violations within a 5-year period.

      4.  Establish [rules and] regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including but not limited to the following:

      (a) Regular and special seasons for hunting game animals and game birds, for hunting or trapping fur-bearing animals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. Such regulations shall be established after first considering the recommendations of the department, the county game management boards and others who wish to present their views at the open meeting as provided by law.

      (b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.

      (c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.

      (d) Nonresident quotas for big game and, if necessary, quotas for other game species for the regular and special seasons. The opening and closing dates of such seasons shall not discriminate between residents and nonresidents, but nonresident hunting seasons may be created by the commission by periods.

      [5.  Approve the biennial budget of the department on the basis of conformity to commission policy, the provisions of this Title and of chapter 488 of NRS.

      6.  Be the appointing power of the director of the department under the provisions of this Title and of chapter 284 of NRS.]

      Sec. 197.  NRS 501.260 is hereby amended to read as follows:

      501.260  1.  There is hereby created a county game management board in each of the several counties.

      2.  Each county board [shall consist] consists of three members.

      3.  [The] A chairman [of such board shall be the member of the state board from such county in those counties where such member is not a member of the commission.


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ê1977 Statutes of Nevada, Page 1231 (Chapter 530, AB 278)ê

 

a member of the commission. In other counties the chairman] shall be selected by each board.

      Sec. 198.  NRS 501.265 is hereby amended to read as follows:

      501.265  1.  Each member of the board [, except those persons who are members by virtue of NRS 501.263,] shall be appointed by the board of county commissioners upon the recommendation of the organized sportsmen of the county.

      2.  The names and addresses of the members so appointed shall be reported to the commission by the board of county commissioners.

      Sec. 199.  NRS 501.275 is hereby amended to read as follows:

      501.275  1.  [As soon as practicable after July 1, 1969, the] The boards of county commissioners shall [, in those counties where one county game management board member has already been appointed under the provisions of NRS 501.263,] appoint members to the boards of their respective counties. [as follows:

      (a) One member to serve until December 31, 1973.

      (b) One member to serve until December 31, 1971.

      2.  As soon as practicable after July 1, 1969, the boards of county commissioners shall, in the remaining counties of the state, appoint members to the boards of their respective counties as follows:

      (a) Two members to serve until December 31, 1973.

      (b) One member to serve until December 31, 1971.

      3.  After the expiration of the terms provided in subsections 1 and 2:

      (a) The term of each succeeding board member shall be 4 years.

      (b) The number of appointments to be made by the several boards of county commissioners from time to time shall be dependent upon the particular distribution of appointments among the counties resulting under the provisions of NRS 501.263.]

      2.  Each member appointed shall serve a term of 4 years.

      Sec. 200.  NRS 501.280 is hereby amended to read as follows:

      501.280  [1.] Vacancies on any board [, except as provided in subsection 2,] shall be filled by the [affected] board of county commissioners on the basis of the recommendation of the organized sportsmen of the county.

      [2.  A vacancy in the term of any board member who is also a member of the state board shall be filled by the governor.]

      Sec. 201.  NRS 501.293 is hereby amended to read as follows:

      501.293  County board members [who have been appointed by county commissioners] may be removed by the boards of county commissioners of the counties served for cause, including, but not limited to, absences from three consecutive, duly called county board meetings, unless excused by their respective board chairmen.

      Sec. 202.  (Deleted by amendment.)

      Sec. 203.  NRS 501.337 is hereby amended to read as follows:

      501.337  The director shall:

      1.  Implement the policies [,] and regulations [and budget decisions] of the commission.

      2.  Direct and supervise all administrative and operational activities of the department, and all programs administered by the department as provided by law.


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ê1977 Statutes of Nevada, Page 1232 (Chapter 530, AB 278)ê

 

provided by law. He shall devote his entire time to the duties of his office and shall follow no other gainful employment or occupation.

      3.  Within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.

      4.  Appoint or remove, pursuant to the provisions of chapter 284 of NRS, such technical, clerical and operational staff as the execution of his duties and the operation of the department may require, and all such employees [shall be] are responsible to him for the proper carrying out of the duties and responsibilities of their respective positions. The director shall designate a number of such employees as fish and game wardens.

      5.  Submit a biennial report to the governor, the legislature and the commission of the work of the department, with recommendations that he [may deem] deems necessary. The report shall set forth the facts relating to the condition of the wildlife, boating and related matters in the State of Nevada.

      6.  Submit technical and other reports to the commission as may be necessary or as may be requested, which [shall] will enable the commission to establish policy [, establish] and regulations. [and approve budgets.]

      7.  Approve the biennial budget of the department consistent with the provisions of this Title and chapter 488 of NRS.

      8.  Have full control of and be responsible for, through proper inventory control, all property of the state acquired and held for the purposes contemplated by this Title and by chapter 488 of NRS.

      [8.] 9.  Act as nonvoting secretary to the commission.

      Sec. 203.1.  NRS 513.010 is hereby amended to read as follows:

      513.010  [There is hereby created an advisory mining board for the State of Nevada consisting of seven members.] The mineral resources advisory board, consisting of seven members appointed by the governor, is hereby created.

      Sec. 203.2.  NRS 513.020 is hereby amended to read as follows:

      513.020  [Members of the advisory mining board shall be bona fide residents of the state who are trained, experienced and qualified in the operation of the mining industry of the state and completely conversant with its problems.] The governor shall appoint:

      1.  One member who is the director of the bureau of mines and geology of the State of Nevada.

      2.  One member who is the state engineer.

      3.  One member who is experienced in oil and gas exploration.

      4.  One member who is a representative of the general public.

      5.  Three members who have mining experience and are familiar with mining operations in this state.

      Sec. 203.3.  NRS 513.070 is hereby amended to read as follows:

      513.070  The members of the [advisory mining] board shall meet immediately after their appointment and qualification and organize by selecting a chairman and a secretary from their number.

      Sec. 203.4.  NRS 513.080 is hereby amended to read as follows:

      513.080  [The advisory mining board shall meet at the time and place designated by the chairman, but shall meet at least once in each 6 months of each calendar year.]


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ê1977 Statutes of Nevada, Page 1233 (Chapter 530, AB 278)ê

 

place designated by the chairman, but shall meet at least once in each 6 months of each calendar year.] 1.  The chairman shall, after consulting with the chairman of the Nevada oil and gas conservation commission, designate a time and place for meetings.

      2.  The oil and gas conservation commission is a subcommittee of the board.

      Sec. 203.5.  NRS 513.100 is hereby amended to read as follows:

      513.100  The [advisory mining] board shall: [, as its objects and purposes:]

      1.  Study ways and means of furthering the mining industry of the state, particularly in regard to reactivation of mining property, small operations and [in] prospecting.

      2.  Study ways and means of further exploring and developing the oil and gas industry of the state.

      3.  [Report the results of such studies to the governor and to the United States Senators and Representative in Congress from this state in all instances where the board deems such action appropriate.] Advise the department of conservation and natural resources concerning mineral resources in this state.

      4.  Report its recommendations for legislation deemed necessary to further the mining industry of the state [.] to the director of the department of conservation and natural resources.

      5.  Call upon the [state] bureau of mines and geology and the state analytical laboratory for their assistance and to cooperate with them in furthering the objects and purposes of this chapter.

      Sec. 204.  NRS 522.030 is hereby amended to read as follows:

      522.030  1.  [There is hereby created the] The Nevada oil and gas conservation commission, [to be composed] consisting of the state engineer, the director of the Nevada bureau of mines and geology and one [lay member of the public to be] member who is a representative of the general public appointed by [, and serve at the pleasure of,] the governor [.] , is hereby created.

      2.  No salary or compensation [shall] may be paid any member of the commission for his services as a member [thereof,] of the commission, but the actual and necessary expenses of the members of the commission incurred or expended in the performance of the duties imposed on the commission, shall be paid out of the oil conservation fund. [hereinafter created. The term]

      3.  The terms of office of the state engineer and the director of the Nevada bureau of mines and geology shall be concurrent with the [office held by him.] offices held by them.

      4.  The commission shall organize by electing a chairman from its membership, and shall appoint a secretary.

      5.  Two members of the commission [shall] constitute a quorum for all purposes. Two affirmative votes [shall be] are necessary for the adoption [or promulgation] of any [rule,] regulation or order of the commission.

      6.  The commission shall adopt a seal and such seal affixed to any paper signed by the secretary of the commission [shall be] is prima facie evidence of the due execution [thereof.] of such paper.


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ê1977 Statutes of Nevada, Page 1234 (Chapter 530, AB 278)ê

 

      7.  Any member or employee of the commission [shall have] has the power to administer oaths to witnesses in any hearing, investigation or proceeding contemplated by this chapter, or by any other law of this state relating to oil and gas.

      [2.] 8.  The commission may, at any time [,] when it finds that the public interest will be served thereby, hire such other employees as are [found to be] necessary to assist the commission in the discharge of its respective duties. All employees or assistants authorized by this chapter shall be paid their necessary traveling and living expenses when traveling on official business at such rates and within such limits as may be fixed by the commission subject to existing law.

      [3.  The attorney general shall be the attorney for the commission.] 9.  The commission may, [however,] in cases of emergency or in special cases, from any funds available to it, retain [additional] counsel to assist the attorney general.

      [4.] 10.  Until such time as oil or gas is produced and marketed in commercial quantities in this state, the director of the Nevada bureau of mines and geology shall serve without pay as the director of the Nevada oil and gas conservation commission.

      Sec. 205.  NRS 523.010 is hereby amended to read as follows:

      523.010  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.]  The state energy resources advisory board, consisting of 15 members appointed by the governor, is hereby created.

      2.  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. 206.  NRS 523.020 is hereby amended to read as follows:

      523.020  [The state energy resources advisory board shall consist of 15 members who shall be appointed as follows:] The governor shall appoint:

      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. 206.5.  NRS 523.030 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1235 (Chapter 530, AB 278)ê

 

      523.030  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;] are entitled to receive:

      (a) A salary of $40 for each day’s attendance at a meeting of the board; and

      (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. 207.  NRS 534.035 is hereby amended to read as follows:

      534.035  1.  In each area designated as a ground water basin by the state engineer pursuant to the provisions of NRS 534.030, which area is located entirely within one county, a ground water board may be established as provided in this section. The state engineer shall determine whether or not a ground water board shall be established and may direct such establishment by order.

      2.  If a ground water board is established, the governing bodies of all the incorporated cities within the designated area, the board of county commissioners of the county in which the area is located, and the governing body of any water district in which the area is included, or partly included, shall each submit a list of names of residents of the area to the governor, who shall appoint seven members of the board. At least one member shall be appointed from each list.

      3.  [Of the first board appointed,] For any board whose members are appointed after June 30, 1977, two members shall be appointed for terms of 2 years, two members for terms of 3 years, and three members for terms of 4 years. Thereafter all members shall be recommended in the same manner and appointed for terms of 4 years. Vacancies on the board shall be filled by appointment by the governor for the unexpired terms from the lists submitted. The board shall elect one member as chairman and one member as secretary to serve as such at the pleasure of the board.

      4.  The board shall maintain its headquarters at the county seat of the county in which the designated area is located, and shall hold meetings at such times and places as it may determine. Special meetings may be called at any time by the secretary at the request of any four members, or by the chairman, upon notice specifying the matters to be acted upon at such meeting. No matters other than those specified in the notice [shall] may be acted upon at such meeting unless all members are present and consent thereto. All meetings of the board shall be open to the public.

      5.  A majority of the board [shall constitute] constitutes a quorum, and the board shall act only by a majority of those present.

      6.  For each day’s attendance at each meeting of the ground water board, or for each day when services are actually performed for the ground water board, the members [shall] are entitled to receive per diem and travel allowances [as] provided by [NRS 281.160.] law. Claims for such expenses shall be paid as provided in subsection 6 of NRS 534.040.

      7.  The state engineer shall not approve any application or issue any permit to drill a well, appropriate ground water, or change the place or manner of use or the point of diversion of water within the designated area until he has conferred with the board and obtained its written advice and recommendations with respect thereto.


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ê1977 Statutes of Nevada, Page 1236 (Chapter 530, AB 278)ê

 

permit to drill a well, appropriate ground water, or change the place or manner of use or the point of diversion of water within the designated area until he has conferred with the board and obtained its written advice and recommendations with respect thereto.

      8.  It is the intention of the legislature that the state engineer and the board [shall] be in agreement whenever possible, but, for the purpose of fixing responsibility to the governor, if there is any disagreement between the state engineer and the board, the views of the state engineer shall prevail. A written report of any such disagreement shall be made immediately to the governor by the state engineer and the board.

      9.  Any ground water board may request from the state engineer or any other state, county, city or district agency such technical information, data and advice as it may require to perform its functions, and the state engineer and such other agencies shall, within the resources available to them, furnish such assistance as may be requested.

      10.  The state engineer may dissolve the ground water board by order if he determines that the future activities of the board are likely to be insubstantial.

      Sec. 208.  NRS 534.150 is hereby amended to read as follows:

      534.150  1.  For the purpose of examining applicants for well drillers’ licenses, the state engineer [is authorized to] may appoint a well drillers’ advisory board or boards, referred to in this section as the “board.” Such board [or boards] may be on a regional or statewide basis.

      2.  [The terms of office of the members of the board shall be at the pleasure of the state engineer but shall not exceed a period of 2 years.] In making the initial appointments, the state engineer shall appoint members to staggered terms of 1, 2 and 3 years. After the initial terms, members shall serve for 3-year terms.

      3.  The state engineer may [reappoint a member upon completion of his term and may] fill vacancies on the board.

      [3.] 4.  Each member of the board [shall] is entitled to receive $25 for each day and $12.50 for each half day spent doing the work of the board. Any time spent by members of the board in work or travel necessary to the discharge of their duties which is less than a full day but more than a half day shall be treated for compensation purposes as a full day. Any time less than a half day shall be treated as a half day. Each member of the board [shall] is entitled to receive travel expenses and subsistence allowances [pursuant to the provisions of NRS 281.160.] provided by law.

      [4.] 5.  The purpose of the board is to determine the qualifications of an applicant as a well driller and to submit such findings to the state engineer.

      [5.  Rules and regulations] 6.  Regulations of the board [in] on examining applicants for well drillers’ licenses shall be developed by the state engineer in cooperation with the board upon its creation.

      [6.] 7.  If a hearing is held by the state engineer to determine [if] whether a licensed well driller is complying with the law or the [rules and] regulations pertaining to well drilling, the state engineer may avail himself of the services of the board in an advisory capacity.


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ê1977 Statutes of Nevada, Page 1237 (Chapter 530, AB 278)ê

 

      Sec. 209.  NRS 538.051 is hereby amended to read as follows:

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

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

      Sec. 210.  NRS 538.061 is hereby amended to read as follows:

      538.061  1.  [Each commissioner shall have the following qualifications:

      (a) He shall be a resident] The governor shall appoint members who:

      (a) Are residents of the State of Nevada and of a county served by the division.

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

      (c) [He shall have] Have general knowledge of the rights of the State of Nevada [insofar as the same pertain to] concerning the resources and benefits of the Colorado River.

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

      Sec. 211.  NRS 538.081 is hereby amended to read as follows:

      538.081  [1.] The governor may at any time remove any commissioner for neglect of duty or malfeasance in office.

      [2.  Any vacancy shall be filled by appointment by the governor for the unexpired term.]

      Sec. 212.  NRS 539.430 is hereby amended to read as follows:

      539.430  The proposed local improvement, accompanied by the estimated cost thereof, a report of the district engineer, and the proposed method of financing the [same,] improvement, shall be submitted by the board of directors of the district to the [irrigation district bond commission for the commission’s approval.] department of taxation for its approval.

      Sec. 213.  NRS 539.433 is hereby amended to read as follows:

      539.433  After approval by the [irrigation district bond commission as provided in NRS 539.430,] department of taxation, the board of directors shall call a special election in the manner prescribed in this chapter for the calling of special elections and shall fix one or more polling places within the improvement district which is affected by such local improvement.

      Sec. 214.  NRS 539.440 is hereby amended to read as follows:

      539.440  After the plan has been approved by the [irrigation district bond commission] department of taxation and the bond issue or other indebtedness has been authorized at the special election, the board of directors of the district shall proceed to apportion the benefits [therefor] in the manner prescribed in this chapter.

      Sec. 215.  NRS 539.447 is hereby amended to read as follows:

      539.447  1.  Upon confirmation by the district court of the proceedings in respect to such local improvement, including all assessments of benefits, and upon the approval of the [irrigation district bond commission] department of taxation and the certification of the state controller, as provided for in NRS [539.637] 539.640 to 539.655, inclusive, the board of directors [is empowered to and] shall negotiate the sale of the securities so authorized in the manner prescribed in this chapter for the sale of district bonds.


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ê1977 Statutes of Nevada, Page 1238 (Chapter 530, AB 278)ê

 

as provided for in NRS [539.637] 539.640 to 539.655, inclusive, the board of directors [is empowered to and] shall negotiate the sale of the securities so authorized in the manner prescribed in this chapter for the sale of district bonds.

      2.  The proceeds of the sale [thereof] shall be deposited in a special fund to be designated Improvement District No. ..... Fund, and thereupon the board of directors shall proceed with the improvement.

      Sec. 216.  NRS 539.463 is hereby amended to read as follows:

      539.463  1.  The board of directors of any irrigation district may cause funding or refunding bonds to be issued for the purpose of funding or refunding any or all outstanding bonds, notes or certificates of indebtedness of any improvement district in the irrigation district.

      2.  Such funding or refunding bonds shall, except as otherwise provided in NRS 539.463 to 539.475, inclusive, be issued in substantially the manner and form prescribed by this chapter for the issuance of other bonds of improvement districts in irrigation districts, and the provisions of this chapter concerning the authorization, certification, issuance and sale of bonds of improvement districts in irrigation districts [shall be] are applicable to bonds issued under NRS 539.463 to 539.475, inclusive; but no plan, estimate or report of the district engineer [shall be] is required to be made or approved as provided in NRS 539.427 and 539.430, nor [shall] may any new apportionment of benefits in respect of such bonds be required to be made or confirmed by the district court, but [in lieu thereof] instead the board of directors of any irrigation district desiring to fund or refund any of the bonds, notes or certificates of indebtedness of any improvement district in the irrigation district may submit [to the irrigation district bond commission] its proposed plan for the funding or refunding of such bonds, notes or certificates of indebtedness [.] to the department of taxation.

      Sec. 217.  NRS 539.465 is hereby amended to read as follows:

      539.465  1.  If the proposed plan for the funding or refunding of bonds, notes or certificates of indebtedness is approved by the [irrigation district bond commission,] department of taxation, the board of directors of the irrigation district shall call an election in the improvement district for the purpose of authorizing the issuance of such funding or refunding bonds.

      2.  Such election shall be called and held and the result [thereof] of the election determined and declared substantially in the same manner as provided by this chapter for the issuance of other bonds of improvement districts in irrigation districts, except that a majority vote only [shall be] is required for the authorization of such funding or refunding bonds.

      3.  The maturity or maturities of the funding or refunding bonds shall be fixed by the board of directors of the irrigation district, subject to the approval of the [irrigation district bond commission,] department of taxation, but in no case [shall] may the maturity of any of the bonds be more than 40 years from the date thereof. The rate of interest on such bonds shall not exceed 9 percent per annum, payable semiannually.

      Sec. 218.  NRS 539.473 is hereby amended to read as follows:

      539.473  If the proposed plan for the funding or refunding of such bonds, notes or certificates of indebtedness is approved by the [irrigation district bond commission,] department of taxation, and the funding or refunding bonds are authorized as provided in NRS 539.463 to 539.475, inclusive, the funding or refunding bonds shall be certified by the state controller in the manner and with the effect prescribed in NRS [539.637] 539.640 to 539.665, inclusive.


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ê1977 Statutes of Nevada, Page 1239 (Chapter 530, AB 278)ê

 

bonds, notes or certificates of indebtedness is approved by the [irrigation district bond commission,] department of taxation, and the funding or refunding bonds are authorized as provided in NRS 539.463 to 539.475, inclusive, the funding or refunding bonds shall be certified by the state controller in the manner and with the effect prescribed in NRS [539.637] 539.640 to 539.665, inclusive.

      Sec. 219.  NRS 539.575 is hereby amended to read as follows:

      539.575  1.  The board may use any bonds of the district which have been offered for sale at public sale and remain unsold in payment for construction of canals, storage reservoirs or other works of the district, without the necessity of calling for bids for such construction, and may enter into contracts providing for the payment of such construction in bonds, which contracts may provide for the payment of a fixed contract price or the cost of such construction plus a fixed percentage thereof, or the cost of such construction plus a fixed sum. [, in the discretion of the board.]

      2.  Ninety percent of their par value and interest accrued thereon is the minimum price at which the bonds may be used in payment for such construction.

      3.  Such use of bonds and any such contract must be approved by the [irrigation district bond commission.] department of taxation.

      Sec. 220.  NRS 539.595 is hereby amended to read as follows:

      539.595  1.  Whenever an election has been held in any irrigation district and bonds have been authorized to be issued having the maturities prescribed in NRS 539.615 to 539.635, inclusive, which bonds have likewise been authorized to be issued by the board of directors of such district but have not been delivered, the board of directors, subject to the approval of the [irrigation district bond commission,] department of taxation, may agree with any prospective purchaser of such bonds prior to [the] delivery [thereof] and [the] payment of the purchase price, [thereof,] that the irrigation district will, during the life of the bonds, levy a minimum tax in each year prior to the fixed maturity date of such bonds, or any of them, which agreement shall be in writing signed by the president and secretary of the district, and bearing upon its face the approval of the [irrigation district bond commission,] department of taxation, and shall be filed in the office of the county recorder of each county in which the district is located.

      2.  When so filed for record, the agreement [shall constitute] constitutes a binding and irrevocable agreement on the part of the district that such taxes will be levied, [as herein provided,] and the agreement [shall inure] inures to the benefit of the holders or owners of each of the bonds at any time outstanding, so as to give to them, or either of them, a right of action against the district to compel the levy of such taxes as provided in the agreement.

      3.  A copy of the agreement, certified by each of the county recorders in whose office the [same may be] agreement is recorded, shall be filed with the county auditor of each county in which the [same shall have been] agreement is recorded.

      Sec. 221.  NRS 539.613 is hereby amended to read as follows:

      539.613  1.  The board of directors [shall have power to make provision] may provide for refunding any of the outstanding bonds or bond issue; but the plan for refunding shall first be submitted to and receive the approval of the [irrigation district bond commission] department of taxation and, after receiving such approval, the board of directors shall [then] submit the question and plan [of refunding the bonds or bond issue] to a vote of the electors of the district in the same manner as an original bond issue is voted on.


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ê1977 Statutes of Nevada, Page 1240 (Chapter 530, AB 278)ê

 

issue; but the plan for refunding shall first be submitted to and receive the approval of the [irrigation district bond commission] department of taxation and, after receiving such approval, the board of directors shall [then] submit the question and plan [of refunding the bonds or bond issue] to a vote of the electors of the district in the same manner as an original bond issue is voted on. [, insofar as the same is applicable.]

      2.  If two-thirds of the qualified electors voting on such issue approve [such] the refunding plan as submitted at [such] the election, [then] the board of directors [shall have all necessary power to] may carry the [same] plan into effect. Such plan shall include the period of time the refunding bonds are to remain outstanding.

      3.  The lien for taxes for the payment of the interest and principal of any refunding bond issue [shall be] is of equal rank with the lien of the original bond issue retired thereby.

      Sec. 222.  NRS 539.620 is hereby amended to read as follows:

      539.620  The board of directors [shall have the power,] may, with the approval of [a majority of the members of the irrigation district bond commission, to] the department of taxation, fix and determine otherwise than as provided in NRS 539.617 the time for the issuance and maturity of the bonds, the manner, method, terms and conditions of their payment, and [to] provide for the calling and redeeming of the bonds before maturity at a premium not in excess of 9 percent above par; but in no case [shall] may the maturity of any bond be more than 50 years from the date thereof.

      Sec. 223.  NRS 539.640 is hereby amended to read as follows:

      539.640  Whenever the board of directors of any irrigation district organized and existing under and pursuant to the laws of the State of Nevada [shall] by resolution [declare] declares that it deems it desirable that any contemplated or outstanding bonds of the district, including any of its bonds authorized but not sold, [shall] be made available for the purposes provided for in NRS 539.660, the board of directors shall [thereupon] file a certified copy of such resolution with the [irrigation district bond commission.] department of taxation.

      Sec. 224.  NRS 539.643 is hereby amended to read as follows:

      539.643  The [irrigation district bond commission,] department of taxation, upon the receipt of a certified copy of such resolution, shall, without delay, [make or cause to be made an investigation of] investigate the affairs of the district and report in writing upon such matters as it may deem essential, and particularly upon the following points:

      1.  The supply of water available for the project and the right of the district to so much water as may be needed.

      2.  The nature of the soil as to its fertility and susceptibility to irrigation, the probable amount of water needed for its irrigation, and the probable need of drainage.

      3.  The feasibility of the district’s irrigation system and of the specific project for which the bonds under consideration are desired or have been used, whether such system and project is constructed, projected or partially completed.

      4.  The reasonable market value of the water, water rights, canals, reservoirs, reservoir sites and irrigation works owned by the district or to be acquired or constructed by it with the proceeds of any of such bonds.


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ê1977 Statutes of Nevada, Page 1241 (Chapter 530, AB 278)ê

 

      5.  The reasonable market value of the lands included within the boundaries of the district.

      6.  Whether or not the aggregate amount of the bonds under consideration and any other outstanding bonds of the district, including bonds authorized but not sold, exceeds 50 percent of the aggregate market value of the lands within the district and of the water, water rights, canals, reservoirs, reservoir sites and irrigation works owned, or to be acquired or constructed with the proceeds of any of the bonds, by the district, as determined in accordance with subsections 4 and 5.

      7.  The numbers, date or dates of issue, and denominations of the bonds, if any, which the [irrigation district bond commission shall find] department of taxation finds are available for the purpose provided for in NRS 539.660, and, if the investigation has covered contemplated bonds, the total amount of bonds which the district can issue without exceeding the limitation expressed in subsection 6.

      Sec. 225.  NRS 539.645 is hereby amended to read as follows:

      539.645  The provisions of NRS 539.643 as to the points upon which the [irrigation district bond commission] department of taxation shall report are directory, [merely,] and the [commission] department may authorize such certification when in its opinion, subject to the provisions otherwise contained in NRS [539.637] 539.640 to 539.665, inclusive, its findings justify such action.

      Sec. 226.  NRS 539.647 is hereby amended to read as follows:

      539.647  1.  The written report of the investigation provided for in NRS [539.637] 539.640 to 539.665, inclusive, shall be filed in the office of the state controller, and a copy of the report shall be forwarded by the [irrigation district bond commission] department of taxation to the secretary of the district for which the investigation [shall have] has been made.

      2.  If the [commission shall have found,] department finds, as set out in the report, that the irrigation system of the district and the specific project for which the bonds under consideration are desired or have been used, whether such project is constructed, projected or partially completed, are feasible and that the aggregate amount of the bonds under consideration and any other outstanding bonds of the district, including bonds authorized but not sold, does not exceed 50 percent of the aggregate market value of the lands within the district and of the water, water rights, canals, reservoirs, reservoir sites and irrigation works owned or to be acquired or constructed with the proceeds of any of the bonds by the district, the bonds of such irrigation district, as described and enumerated in the report filed with the state controller, shall be certified by the state controller, as provided for in NRS [539.637] 539.640 to 539.665, inclusive.

      3.  If the [commission shall be] department is notified by the board of directors of any district whose irrigation system has been found in such report to be feasible that the district has issued bonds and the [commission shall find] department finds that the bonds are for any project or projects approved in such report and [that] the amount of the bonds does not exceed the limitation stated in such report, the [commission] department shall prepare and file with the state controller a supplementary report giving the numbers, date or dates of issue, and denominations of the bonds which shall then be entitled to certification by the state controller as provided for in NRS [539.637] 539.640 to 539.665, inclusive.


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ê1977 Statutes of Nevada, Page 1242 (Chapter 530, AB 278)ê

 

[commission] department shall prepare and file with the state controller a supplementary report giving the numbers, date or dates of issue, and denominations of the bonds which shall then be entitled to certification by the state controller as provided for in NRS [539.637] 539.640 to 539.665, inclusive.

      4.  Subsequent issues of bonds may be made available for the purpose specified in NRS [539.637] 539.640 to 539.665, inclusive, upon like proceedings by the district, but, after any of the bonds of an irrigation district have been enumerated and described as entitled to certification by the state controller, it [shall be] is unlawful for that district to issue bonds that will not be entitled to such certification.

      5.  The state controller shall:

      (a) Provide for filing and preserving the reports mentioned in this section; and

      (b) Make, keep and preserve a record of the bonds certified by him in accordance with the provisions of NRS 539.655, including the date of certification, the legal title of the district, the number of each bond, its par value, the date of its issue and that of its maturity.

      Sec. 227.  NRS 539.650 is hereby amended to read as follows:

      539.650  [Whenever] After the bonds of any irrigation district have been certified, as provided in NRS [539.637] 539.640 to 539.665, inclusive, no expenditure of any kind [shall] may be made from the construction fund of such district without the consent of the [irrigation district bond commission] department of taxation, and no obligation [shall] may be incurred chargeable against such fund without previous authorization of the [commission,] department, nor [shall] may any expense of any kind be incurred in excess of money actually provided by levy of assessment or otherwise.

      Sec. 228.  NRS 539.653 is hereby amended to read as follows:

      539.653  1.  Whenever the survey, examinations, drawings and plans of an irrigation district, and the estimate of cost [based thereon, shall provide] provides that the works necessary for a completed project shall be constructed progressively over a period of years in accordance with a plan or schedule adopted by resolution of the board of directors of the district, it [shall not be] is not necessary for the [irrigation district bond commission] department of taxation to certify at one time all of the bonds that have been voted for the completed project; but such bonds may be certified from time to time as needed by the district.

      2.  If the [commission shall certify] department certifies all of the bonds necessary for the completed project, even if the project is to be constructed progressively over a period of years in accordance with the resolution of the board of directors, the bonds so voted and certified shall only be sold after prior written approval of the [commission.] department.

      Sec. 229.  NRS 539.655 is hereby amended to read as follows:

      539.655  1.  Whenever any bond of an irrigation district organized and existing under and pursuant to the laws of the State of Nevada, including any bond authorized in any such district but not sold, which [shall be] is eligible to certification by the state controller under NRS 539.647, [shall be] is presented to the state controller, he shall [cause to be attached thereto] attach a certificate in substantially the following form:

 


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ê1977 Statutes of Nevada, Page 1243 (Chapter 530, AB 278)ê

 

to be attached thereto] attach a certificate in substantially the following form:

 

Carson City, Nevada........................................(insert date).

I, .............................., state controller of the State of Nevada, do hereby certify that the within bond, No. .......... of issue No. ..........       of the .............................. Irrigation District, issued .............................. (insert date), is, in accordance with NRS [539.637] 539.640 to 539.665, inclusive, a legal investment for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, trust companies, and any funds which may be invested in county, municipal or school district bonds, and it may be deposited as security for the performance of any act whenever the bonds of any county, city or school district may be so deposited, it being entitled to such privileges by virtue of an examination by the governor, the state engineer and the superintendent of banks in pursuance of NRS [539.637] 539.640 to 539.665, inclusive. The within bond may also be used as security for the deposit of public money in banks in this state.

                                                       ...................................................................................

                                                              State Controller of the State of Nevada

 

      2.  In case of a change in the constitution or any of the laws of this state relating to the bonds of irrigation districts, the state controller shall, if necessary, modify the above certificates so that it [shall conform] conforms to the facts.

      3.  A facsimile of the state controller’s signature, printed or otherwise, impressed upon the certificate [shall be] is a sufficient signing thereof.

      Sec. 230.  NRS 539.657 is hereby amended to read as follows:

      539.657  All necessary expenses incurred in making the investigation and report provided for in NRS [539.637] 539.640 to 539.665, inclusive, shall be paid as the [irrigation district bond commission] department of taxation may require by the irrigation district whose property has been investigated and reported on by the [commission;] department; but the benefit of any services that [may] have been performed and any data that [may] have been obtained by [any member of the commission] the department or any other public official, in pursuance of the requirements of any law other than NRS [539.637] 539.640 to 539.665, inclusive, shall be made available for the use of the [irrigation district bond commission] department of taxation without charge to the district whose affairs are under investigation.

      Sec. 231.  NRS 539.660 is hereby amended to read as follows:

      539.660  1.  All bonds certified in accordance with the terms of NRS [539.637] 539.640 to 539.665, inclusive, [shall be] are legal investments for all trust funds, and for the funds of all insurance companies, banks, both commercial and savings, and trust companies.

      2.  Whenever any money or funds may, by law now or hereafter enacted, be invested in bonds of cities, counties, school districts or municipalities in the State of Nevada, such money or funds may be invested in the bonds of irrigation districts, and whenever bonds of cities, counties, school districts or municipalities may by any law now or hereafter enacted be used as security for the performance of any act, bonds of irrigation districts under the limitations in NRS [539.637] 539.640 to 539.665, inclusive, provided may be so used.


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ê1977 Statutes of Nevada, Page 1244 (Chapter 530, AB 278)ê

 

or hereafter enacted be used as security for the performance of any act, bonds of irrigation districts under the limitations in NRS [539.637] 539.640 to 539.665, inclusive, provided may be so used.

      Sec. 232.  NRS 539.677 is hereby amended to read as follows:

      539.677  1.  In case of failure or refusal of the board of directors to levy an assessment as provided in NRS 539.670, then, if such assessment has not otherwise been levied, the board of county commissioners of the county in which the office of the district is located shall levy such assessment at its next regular meeting or at a special meeting called for such purpose.

      2.  The [irrigation district bond commission,] department of taxation, at any time upon obtaining knowledge of such failure or refusal, shall [have power, and it shall be its duty, to] levy such assessment forthwith.

      3.  The district attorney of the county in which the office of any irrigation district is located, at the time such assessment should be made, shall ascertain the fact in respect to the same, and if such assessment has not been made by the board of directors as required, he shall immediately notify the board of county commissioners, the [irrigation district bond commission,] department of taxation and the attorney general in respect to such failure. The district attorney and the attorney general shall aid in obtaining the earliest possible assessment following such failure or refusal of the district board to act.

      Sec. 233.  NRS 548.115 is hereby amended to read as follows:

      548.115  [1.  There is hereby established, to serve as an agency of the state and to perform the functions conferred upon it in this chapter, the state conservation commission.

      2.  The commission shall consist of nine members, two ex officio and seven appointed.] The state conservation commission, consisting of two ex officio members and seven members appointed by the governor, is hereby created.

      Sec. 234.  (Deleted by amendment.)

      Sec. 234.5.  NRS 548.145 is hereby amended to read as follows:

      548.145  1.  [The chairman and members of the commission shall receive no compensation for their services on the commission, but shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the commission, not to exceed amounts provided by law for state officials.] Each member of the commission is entitled to receive a salary of $40 for each day’s attendance at a meeting of the commission and the per diem allowance and travel expense provided by law.

      2.  The director of the state department of conservation and natural resources shall include in his budget the funds necessary for the operating expenses of the commission.

      Secs. 235-239.  (Deleted by amendment.)

      Sec. 240.  NRS 562.060 is hereby amended to read as follows:

      562.060  The state board of sheep commissioners, consisting of three members [to be] appointed by the governor, is hereby created.

      Sec. 241.  NRS 562.070 is hereby amended to read as follows:

      562.070  1.  [Two of the members of the board shall be] The governor shall appoint:


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ê1977 Statutes of Nevada, Page 1245 (Chapter 530, AB 278)ê

 

      (a) Two members who are owners of and actually engaged in the operation of sheep in Nevada. [during their terms of office. One of the members need not be an owner and operator of sheep in Nevada but, if not, shall be]

      (b) One member who is experienced in matters relating to the sheep industry of Nevada and is capable of serving in the combined positions of member and secretary of the board.

      2.  Each member of the board shall be a qualified elector of the county from which he is chosen, and must reside within the state during his term of office.

      3.  No two members [shall] may be from the same county.

      Sec. 241.5.  NRS 563.060 is hereby amended to read as follows:

      563.060  [While engaged in official business of the board, the] The members of the board [shall receive] are entitled to receive a salary of $40 for each day’s attendance at a meeting of the board and the per diem expense allowance and travel expenses as provided by law.

      Secs. 242-250.  (Deleted by amendment.)

      Sec. 251.  NRS 590.485 is hereby amended to read as follows:

      590.485  1.  [There is hereby created the Nevada liquefied petroleum gas board, to consist of five members to be appointed by the governor of the State of Nevada.

      2.  The members of the board must have knowledge of the liquefied petroleum gas industry.

      3.  Initial appointments of the members of the board shall be one for a term of 1 year, one for a term of 2 years, and one for a term of 3 years and two for terms of 4 years, and thereafter each appointment shall be for a term of 4 years or until a successor is qualified and appointed.

      4.] The Nevada liquefied petroleum gas board, consisting of five members appointed by the governor, is hereby created.

      2.  The governor shall appoint five members who have knowledge of the liquefied petroleum gas industry.

      3.  Any appointed member may, for cause, inefficiency or neglect of duties, be removed from office by the governor.

      [5.] 4.  The members of the board [shall serve without] are not entitled to compensation but may receive the [per diem expense] subsistence allowance and travel expenses [as authorized] provided by law [for the payment of other state officers to be] and paid out of the funds of the board, after approval by a majority of the board.

      [6.  Vacancies arising for any reason shall be filled by the governor by appointment for the unexpired term. Each member shall hold office after the expiration of his term until his successor has been duly appointed and qualified.

      7.] 5.  No more than three members of the board [shall] may belong to the same political party.

      Sec. 252.  NRS 610.040 is hereby amended to read as follows:

      610.040  1.  [The terms of office of the members of the state apprenticeship council first appointed shall expire as designated by the labor commissioner at the time of making the appointments. One] In making the initial appointments to the council, the labor commissioner shall appoint:

      (a) One member who is a representative from employer associations, one member who is a representative from employee organizations, and one member who is the representative from the general public [shall be appointed] for terms of 1 year.


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ê1977 Statutes of Nevada, Page 1246 (Chapter 530, AB 278)ê

 

one member who is a representative from employee organizations, and one member who is the representative from the general public [shall be appointed] for terms of 1 year.

      (b) One member who is a representative from employer associations and one member who is a representative from employee organizations [shall be appointed] for terms of 2 years.

      (c) One member who is a representative from employer associations and one member who is a representative from employee organizations [shall be appointed] for terms of 3 years.

      2.  After the initial appointments provided for in subsection 1, each member shall [be appointed] serve for a term of 3 years.

      Sec. 253.  NRS 612.305 is hereby amended to read as follows:

      612.305  1.  [To] The Nevada employment security council, consisting of nine members appointed by the governor, is hereby created to assure an impartial development of administrative policies within the employment security department. [, there is hereby created the Nevada employment security council.

      2.  The employment security council shall consist of nine men and women appointed by the governor, and shall consist of]

      2.  The governor shall appoint members who represent an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment or affiliations, and [of such] members [representing] who are representatives of the general public. [as the governor may designate.]

      3.  [The terms of office of the members of the employment security council shall be 4 years each, but the terms of four of the members first appointed shall be 2 years each.

      4.] The governor may [, in his discretion,] remove any member of the employment security council for cause.

      [5.] 4.  Members of the employment security council [shall be paid at the rate of] are entitled to receive $40 per day of actual service, and shall receive traveling expenses and subsistence allowances [in the amounts specified in NRS 281.160.] as provided by law.

      [6.] 5.  Regular meetings of the employment security council shall be held twice in each calendar year. Special meetings, not to exceed six in number during any calendar year, may be held at the call of the chairman.

      [7.] 6.  The executive director [shall be] is an ex officio member of the employment security council and [shall be secretary thereof.] is its secretary. The secretary [shall receive no] is not entitled to compensation for his services on the employment security council, but he shall be reimbursed for his necessary traveling and other expenses.

      Sec. 254.  NRS 612.310 is hereby amended to read as follows:

      612.310  1.  The employment security council [, standing in the place of and exercising the functions and duties of a state advisory council,] as an advisory council to the executive director, shall aid the executive director in formulating policies and discussing problems related to the administration of this chapter, and shall recommend to him such policies as will tend to assure impartiality and freedom from political influence in the solution of such problems.


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ê1977 Statutes of Nevada, Page 1247 (Chapter 530, AB 278)ê

 

      2.  The employment security council shall take all appropriate steps to:

      (a) Reduce and prevent unemployment.

      (b) Encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance.

      (c) Investigate, recommend, advise and assist in the establishment and operation by municipalities, counties, school districts and the state of reserves for public works to be used in times of business depression and unemployment.

      (d) Promote the reemployment of unemployed workers throughout the state in every other way that may be feasible.

      (e) Carry on and publish the results of investigations and research studies to these ends.

      3.  Whenever the employment security council believes that a change in contribution or benefit rates will become necessary to protect the solvency of the unemployment compensation fund, it shall promptly so inform the executive director and make recommendations with respect thereto.

      Sec. 255.  NRS 612.325 is hereby amended to read as follows:

      612.325  1.  [There shall be created a board of review consisting of three members appointed by the governor for terms of 4 years each. One member shall be representative of labor, one member shall be representative of employers and one member shall be representative of the public.

      2.  Vacancies shall be filled by appointments by the governor for the unexpired terms.] The board of review, consisting of three members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) One member who is a representative of labor.

      (b) One member who is a representative of employers.

      (c) One member who is a representative of the general public.

      3.  The governor may, at any time after notice and hearing, remove any member of the board of review for cause.

      4.  Each member [shall] is entitled to be paid from the unemployment compensation administration fund at the rate of $40 per day of active service, and shall receive traveling expenses and subsistence allowances [in the amounts specified in NRS 281.160.] as provided by law.

      Sec. 256.  NRS 618.035 is hereby amended to read as follows:

      618.035  “Board” means the occupational safety and health review board. [established by NRS 618.565.]

      Sec. 257.  NRS 618.565 is hereby amended to read as follows:

      618.565  1.  [There is hereby created a review board composed of five members appointed by the governor.

      2.  Within 90 days of July 1, 1973,] The occupational safety and health review board, consisting of five members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Two members who are representatives of management.

      (b) Two members who are representatives of labor.

      (c) One member who is a representative of the general public.

      3.  After July 1, 1977, the governor shall appoint [the initial] members of the board to staggered terms of 1, 2, 3 [, 4 and 5 years.]


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ê1977 Statutes of Nevada, Page 1248 (Chapter 530, AB 278)ê

 

members of the board to staggered terms of 1, 2, 3 [, 4 and 5 years.] and 4 years expiring on June 30 of each term. After the initial terms, members shall serve terms of 4 years. No member [shall] may serve more than two terms.

      [3.  Membership on the board representing management shall be composed of two members.

      4.  Membership on the board representing labor shall be composed of two members.

      5.] 4.  Any vacancy occurring in the membership of such board shall be filled for the unexpired term in the same manner as original appointments are made.

      [6.] 5.  No person employed by the commission or the department [shall] may serve as a member of the board.

      [7.  The fifth member of the board shall be appointed from the general public.]

      Sec. 258.  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 seven members who shall be appointed by the governor. Five of the members shall be registered architects and two of the members shall be registered residential designers.

      3.  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 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 state board of architecture, consisting of seven members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Five members who are registered architects and have been in the active practice of architecture in the State of Nevada for not less than 3 years preceding such appointment.

      (b) Two members who are registered residential designers.

      3.  Members of the board must have been residents of the state for not less than 2 years preceding such appointment.

      4.  The governor may, upon bona fide complaint, and for good cause shown, after 10 days’ notice to any member against whom charges may be filed, and after opportunity for hearing, remove 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] A member who is a residential designer [may] shall not participate in the investigation or acceptance of his own application or in the grading or certification of his own examination.

      Sec. 258.5.  NRS 623A.080 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1249 (Chapter 530, AB 278)ê

 

      623A.080  1.  [There is hereby created the] The board of landscape architecture [.

      2.  The board shall consist of three members appointed by the governor to terms of 4 years.

      3.  Members of the board shall:

      (a) Be active] , consisting of 5 members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Four members who have been engaged in the practice of landscape architecture for at least 3 years prior to their appointment; and

      (b) [Be residents] One member who is a representative of the general public.

      3.  Each member must have been a resident of the state for at least 2 years prior to their appointment.

      4.  Members of the board shall not serve for more than three consecutive terms.

      5.  Before entering upon the discharge of his duties, each member of the board shall take and subscribe the oath of office and file it with the secretary of state.

      6.  [Vacancies on the board shall be filled in the same manner as the original appointment to serve for the remainder of the unexpired term.] The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Secs. 259-260.  (Deleted by amendment.)

      Sec. 261.  NRS 625.100 is hereby amended to read as follows:

      625.100  1.  [On or before June 1, 1935, the] The governor shall appoint [five] seven persons, all of whom shall be engaged in the practice or teaching of professional engineering in any of its branches except military engineering, and who shall be citizens of the United States and residents of the State of Nevada, who shall constitute the state board of registered professional engineers. [The members of the first board to be appointed shall hold office, one for 1 year, one for 2 years, one for 3 years, and two for 4 years. On or after July 1, 1965, the governor shall appoint two additional members, one of whom shall hold office for 2 years and one for 3 years. Thereafter, each member shall be appointed for a term of 4 years.]

      2.  All appointments made shall be from the current roster of registered professional engineers and land surveyors as issued by the board and on file in the office of the secretary of state. Insofar as practicable, membership on the board shall be distributed proportionately among the recognized branches of the profession with at least one member being also registered as a land surveyor.

      3.  Within 30 days after his appointment, a member shall take and subscribe to the oath of office as prescribed by the laws of Nevada and shall file the [same] oath with the secretary of state.

      [4.  Any vacancy occurring from any cause shall be filled by the governor for the unexpired term.]

      Sec. 261.3.  NRS 628.055 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1250 (Chapter 530, AB 278)ê

 

      628.055  [1.  Members of the board shall hold office for a term of 3 years and until their successors are appointed and qualify.

      2.  The members of the board in office on April 1, 1977, shall continue to hold their offices for the terms for which they were appointed.

      3.  If a vacancy occurs in the board, or a member is absent from the state for a period of 6 months without permission from the board, the governor shall appoint a person duly qualified under this chapter to fill the unexpired term.

      4.] No person who has served two successive complete terms is eligible for reappointment until 1 year after the expiration of those terms. Appointment to fill an unexpired term shall not be considered as a complete term.

      Sec. 261.5.  NRS 628.075 is hereby amended to read as follows:

      628.075  1.  The Nevada Society of Certified Public Accountants shall, at least 30 days prior to the beginning of any term, or within 30 days after a position on the board becomes vacant, submit to the governor the names of three persons qualified for membership on the board for each certified public accountant position to be filled. The governor shall appoint one of the three [. Should] nominees or request a new list. If the Nevada Society of Certified Public Accountants [fail] fails to submit timely nominations for a position on the board, [then] the board may [forthwith] submit nominations to the governor, who shall appoint one of three nominees [.] or request a new list.

      2.  The Nevada Society of Public Accountants shall, at least 30 days prior to the beginning of any term or within 30 days after a position on the board becomes vacant, submit the names of three persons qualified for membership on the board for each public accountant position to be filled and the governor shall appoint one of the three [. Should] nominees or request a new list. If the Nevada Society of Public Accountants [fail] fails to submit timely nominations for a position on the board, [then] the board may [forthwith] submit nominations for the position to the governor, who shall appoint one of the three nominees [.] or request a new list.

      Secs. 262-267.  (Deleted by amendment.)

      Sec. 268.  NRS 631.120 is hereby amended to read as follows:

      631.120  The board of dental examiners of Nevada, consisting of [seven] eight members appointed by the governor, is hereby created.

      Sec. 269.  NRS 631.130 is hereby amended to read as follows:

      631.130  [Members of the board shall:

      1.  Have been actual residents of Nevada and legally and ethically engaged in the practice of dentistry in this state for a period of 5 years at the time of appointment.

      2.  Be graduates of accredited dental schools or colleges.]

      1.  The governor shall appoint:

      (a) Seven members who are graduates of accredited dental schools or colleges, are residents of Nevada and have ethically engaged in the practice of dentistry in Nevada for a period of 5 years.

      (b) One member who is a representative of the general public.

      2.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.


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ê1977 Statutes of Nevada, Page 1251 (Chapter 530, AB 278)ê

 

      Sec. 270.  NRS 631.140 is hereby amended to read as follows:

      631.140  [1.  Two] Three of the members of the board shall be from Washoe County. [Two] Three of the members of the board shall be from Clark County. Three of the members of the board shall be from the state at large, including Washoe County and Clark County. [Each member shall be appointed by the governor for a term of 4 years, and until his successor is appointed and qualified.

      2.  Vacancies in the board shall be filled promptly by the governor.]

      Sec. 271.  NRS 632.020 is hereby amended to read as follows:

      632.020  [1.] The state board of nursing, consisting of [five registered nurses, two practical nurses and one consumer is hereby created.

      2.  The members of the board shall be appointed by the governor.

      3.  The consumer shall be a bona fide public representative whose occupation is neither the administration of health activities nor the performance of health services, who has no fiduciary obligation to a hospital or other health agency, and who has no material financial interest in the rendering of health services.] seven members appointed by the governor, is hereby created.

      Sec. 272.  NRS 632.030 is hereby amended to read as follows:

      632.030  1.  [Each registered nurse member of the board shall:

      (a) Be a citizen of the United States.

      (b) Be a resident of the State of Nevada.

      (c) Have been graduated from an accredited school of nursing.

      (d) Be licensed as a professional nurse in the State of Nevada.

      (e) Have been actively engaged in nursing at least 5 years immediately preceding appointment or reappointment.

      2.  Each licensed practical nurse member of the board shall:

      (a) Be a citizen of the United States.

      (b) Be a resident of the State of Nevada.

      (c) Have been graduated from an accredited school of practical nursing.

      (d) Be licensed as a practical nurse in the State of Nevada.

      (e) Have been actively engaged in nursing at least 5 years immediately preceding appointment or reappointment.

      3.] The governor shall appoint:

      (a) Four registered nurses who are graduates of an accredited school of nursing, are licensed as professional nurses in the State of Nevada and have been actively engaged in nursing for at least 5 years preceding the appointment.

      (b) Two practical nurses who are graduates of an accredited school of practical nursing, are licensed as practical nurses in this state and have been actively engaged in nursing for at least 5 years preceding the appointment.

      (c) One member who is a representative of the general public.

      2.  Each member of the board shall be:

      (a) A citizen of the United States; and

      (b) A resident of the State of Nevada.

      3.  A representative of the general public may not:

      (a) Have a fiduciary obligation to a hospital or other health agency;

      (b) Have a material financial interest in the rendering of health services; or


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ê1977 Statutes of Nevada, Page 1252 (Chapter 530, AB 278)ê

 

      (c) Be employed in the administration of health activities or the performance of health services.

      4.  The representative of the general public shall not participate in preparing, conducting or grading an examination required by the board.

      5.  No member of the board shall serve more than two consecutive terms. For the purposes of this subsection, service of 2 or more years in filling an unexpired term constitutes a term.

      Sec. 272.5.  NRS 632.040 is hereby amended to read as follows:

      632.040  1.  [All appointments to the board, except those to fill unexpired terms, shall be for terms of 4 years each.

      2.] All appointments to the board shall be made by the governor within 60 days from the time a vacancy occurs.

      [3.] 2.  At least [15] 30 days before the expiration of any term of a registered nurse member, the Nevada State Nurses’ Association shall submit to the governor a list of its membership qualified for appointment to the board in the number of not less than twice the number of vacancies to be filled. Appointments shall be made by the governor from [such list.] the list or he may request a new list.

      [4.] 3.  At least [15] 30 days before the expiration of any term of a licensed practical nurse member, the Nevada Licensed Practical Nurses’ Association shall submit to the governor a list of its membership qualified for appointment to the board in the number of not less than twice the number of vacancies to be filled. Appointments shall be made by the governor from such list [.

      5.] or he may request a new list.

      4.  If any vacancy occurs in the membership of the board [by reason of death, resignation, removal or otherwise,] the list shall be presented to the governor within 30 days after [such] the vacancy occurs.

      Sec. 273.  NRS 633.020 is hereby amended to read as follows:

      633.020  1.  [The state board of osteopathy consisting of three members shall be appointed by the governor. Members of the board shall be appointed from persons who hold licenses under this chapter or any preceding act regulating the practice of osteopathy in this state.

      2.  Members of the board shall be appointed for a term of 3 years and they shall hold office until the appointment and qualification of their successors.

      3.  The terms of the members of the board in office when this chapter takes effect shall expire as follows: One on July 1, 1957; one on July 1, 1958; and one on July 1, 1959. The term of each member shall expire in the same relative order as the term for which he holds office before this chapter takes effect.

      4.  Vacancies occurring shall be filled by appointment for the unexpired term.

      5.] The state board of osteopathy, consisting of three members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Two members who are licensed to practice osteopathy and surgery in the State of Nevada.

      (b) One member who is a representative of the general public.

      3.  Each member of the board shall, before entering upon the duties of his office, take the oath of office prescribed by the constitution.


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ê1977 Statutes of Nevada, Page 1253 (Chapter 530, AB 278)ê

 

of his office, take the oath of office prescribed by the constitution. [before someone qualified to administer oaths, and shall, in addition, make] Each member who is an osteopath shall take an oath that he is a legally qualified practitioner of osteopathy in this state.

      4.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      [6.] 5.  Each member of the board [shall] is entitled to receive:

      (a) A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.

      (b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.

      [7.] 6.  The board shall elect from its members a president, vice president and secretary-treasurer, who shall hold office at the pleasure of the board, and may fix and pay a salary to the secretary-treasurer.

      [8.] 7.  The board may: [employ]

      (a) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      [9.  The board may maintain]

      (b) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.

      Sec. 274.  NRS 634.020 is hereby amended to read as follows:

      634.020  1.  The Nevada state board of chiropractic examiners, consisting of [five] six members appointed by the governor, is hereby created.

      2.  [Appointees shall be:

      (a)] The governor shall appoint:

      (a) Five members who are:

            (1) Graduates of chiropractic schools or colleges giving a course of study embracing the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis or analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology, and symptomatology.

      [(b)] (2) Duly licensed chiropractors in the State of Nevada and actually engaged in the practice of chiropractic at the time of their appointment.

      (b) One member who is a representative of the general public.

      3.  At least two of the appointees shall have had a course in physiotherapy in a school or college of chiropractic. Not more than two persons who are resident graduates of the same school or college of chiropractic [shall] may serve simultaneously as members of the board.

      4.  [An appointee shall serve for 3 years and until his successor is appointed and qualified.

      5.  Vacancies shall be filled by the governor within 30 days.] The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 275.  (Deleted by amendment.)

      Sec. 276.  NRS 635.020 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1254 (Chapter 530, AB 278)ê

 

      635.020  1.  [There is hereby established a state board of podiatry for the State of Nevada. The board shall consist of three members to be selected from registered and licensed podiatrists of the State of Nevada. Each member shall be appointed by the governor for a term of 4 years, except that the terms of the first appointees shall be from 1 to 4 years, respectively, as specified by the governor at the time of the appointment.

      2.] The state board of podiatry, consisting of three members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Two members who are registered and licensed podiatrists in the State of Nevada.

      (b) One member who is a representative of the general public.

      3.  The members of the board [shall] are entitled to receive:

      (a) A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.

      (b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on the business of the board.

      4.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 277.  NRS 636.030 is hereby amended to read as follows:

      636.030  [1.] The Nevada state board of optometry [, a state administrative agency, is hereby established. The board shall:

      (a) Consist of three members.

      (b) Administer and enforce the provisions of this chapter.

      2.  Upon the appointment and organization of the Nevada state board of optometry, the Nevada state board of examiners in optometry, created by chapter 106, Statutes of Nevada 1913, shall cease to exist, and all books, papers, records, moneys and other property thereof shall be delivered and transferred to, and shall become the property of, the Nevada state board of optometry.] , consisting of four members appointed by the governor, is hereby created.

      Sec. 278.  NRS 636.035 is hereby amended to read as follows:

      636.035  [No person shall be eligible to be appointed, or to hold office, as a member:

      1.  Who is not licensed to, and actually engaged in, practice of optometry in the state; or

      2.  Who is] 1.  The governor shall appoint:

      (a) Three members who are licensed to practice optometry in the State of Nevada and are actually engaged in the practice of optometry.

      (b) One member who is a representative of the general public.

      2.  A person shall not be appointed if he:

      (a) Is the owner or coowner of, a stockholder in, or a member of the faculty or board of directors or trustees of, any school of optometry; [or

      3.  Who is] (b) Is financially interested, directly or indirectly, in the manufacture or wholesaling of optical supplies; or

      [4.  Who has] (c) Has been convicted of a felony or a gross misdemeanor involving moral turpitude.


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ê1977 Statutes of Nevada, Page 1255 (Chapter 530, AB 278)ê

 

      3.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 279.  NRS 637.030 is hereby amended to read as follows:

      637.030  1.  [The board of dispensing opticians shall consist of three members, to be appointed by the governor in the following manner immediately after March 21, 1951. One member shall be appointed for a term of 1 year; one member shall be appointed for a term of 2 years; and one member shall be appointed for a term of 3 years. Thereafter, each member shall be appointed for a term of 3 years.

      2.  Members of the board shall have been actively engaged in the practice of ophthalmic dispensing for a period of not less than 3 years in the State of Nevada immediately preceding appointment.

      3.  A vacancy resulting from any cause other than the expiration of a term shall be filled for the unexpired term by an appointment of an ophthalmic dispenser by the governor in the same manner as an original appointment is to be made.

      4.] The board of dispensing opticians, consisting of five members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Four members who have actively engaged in the practice of ophthalmic dispensing for not less than 3 years in the State of Nevada immediately preceding the appointment.

      (b) One member who is a representative of the general public.

      3.  The governor, after hearing, may remove any member for cause.

      4.  The members who are representatives of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 280.  NRS 637A.030 is hereby amended to read as follows:

      637A.030  The [state] board of hearing aid specialists, consisting of three members appointed by the governor, is hereby [established.] created.

      Sec. 281.  NRS 637A.040 is hereby amended to read as follows:

      637A.040  1.  The board shall:

      (a) [Consist of three members, appointed by the governor, to serve at the pleasure of the governor. Each appointment shall expire at the end of 4 years from the date of appointment if not terminated prior to that date, except that one of the first appointments to the board shall so expire at the end of 3 years.

      (b)] Elect a chairman and secretary from its members, who shall hold office for 1 year and until the election and qualification of their successors.

      [(c)] (b) Meet at such times and places as are specified by the chairman or a majority of the board.

      2.  A majority of the board constitutes a quorum for the transaction of business.

      Sec. 282.  NRS 637A.050 is hereby amended to read as follows:

      637A.050  1.  [Two members of the board each shall be:

      (a) Licensed by the board as a hearing aid specialist. Nothing in this paragraph applies to members of the first board appointed under this chapter.


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ê1977 Statutes of Nevada, Page 1256 (Chapter 530, AB 278)ê

 

      (b) Actively engaged in the business of a hearing aid specialist at the time of his appointment.

      2.  One member shall be a consumer.

      3.] The governor shall appoint:

      (a) Two members who are licensed by the board as hearing aid specialists and are actively engaged in the business as hearing aid specialists at the time of their appointments.

      (b) One member who is a representative of the general public.

      2.  No member of the board [shall] may be a stockholder in any hearing aid manufacturing firm.

      Sec. 283.  NRS 638.020 is hereby amended to read as follows:

      638.020  1.  The Nevada state board of veterinary medical examiners is hereby created.

      2.  The board shall consist of six members, one of whom shall be the director of the division of animal industry of the state department of agriculture, and five of whom shall be appointed by the governor.

      3.  The director of the division of animal industry shall serve ex officio as a nonvoting member of the board and act as secretary-treasurer of the board.

      4.  Each appointed member shall:

      (a) Be a resident of the State of Nevada.

      (b) Be a graduate of a veterinary college approved by the American Veterinary Medical Association.

      (c) Have been lawfully engaged in the private practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of his appointment.

      [5.  As soon as practicable after July 1, 1960, the governor shall appoint four members, one for a term of 1 year, one for a term of 2 years, one for a term of 3 years, and one for a term of 4 years, from and after the date of appointment. Thereafter, each member shall be appointed for a term of 4 years. No appointed member may serve two consecutive terms. As soon as practicable after July 1, 1975, the governor shall appoint the additional member for a term of 4 years.

      6.  If a vacancy occurs in the board, or a member is absent from the state for a period of 6 months without permission from the governor, the governor may appoint a person duly qualified under this chapter to fill the unexpired term.]

      Sec. 284.  (Deleted by amendment.)

      Sec. 285.  NRS 639.020 is hereby amended to read as follows:

      639.020  [1.] The state board of pharmacy, consisting of [five] six members appointed by the governor, is hereby created.

      [2.  Appointees shall be competent registered pharmacists actively engaged in the practice of pharmacy in this state and shall have had at least 5 years’ experience as registered pharmacists in this state. Not more than two members may be appointed from any one county.

      3.  Composition of the board shall be representative of community practice and hospital practice of pharmacy.]

      Sec. 286.  NRS 639.030 is hereby amended to read as follows:

      639.030  1.  [The terms of the two members of the board appointed by the governor prior to July 1, 1963, whose terms would expire on December 19, 1965, and January 5, 1966, shall expire on July 1, 1964.


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ê1977 Statutes of Nevada, Page 1257 (Chapter 530, AB 278)ê

 

December 19, 1965, and January 5, 1966, shall expire on July 1, 1964. The term of the member of the board appointed by the governor prior to July 1, 1963, whose term would expire on December 12, 1966, shall expire on July 1, 1965. The terms of the two members of the board appointed by the governor prior to July 1, 1963, whose terms would expire on January 8, 1967, shall expire on July 1, 1966.

      2.  Upon the expiration of the terms as provided in subsection 1, all appointments thereafter shall be made for terms of 4 years by the governor.

      3.  Vacancies occurring shall be filled by appointment for the unexpired term.] The governor shall appoint:

      (a) Five members who are registered pharmacists in the State of Nevada, are actively engaged in the practice of pharmacy in the State of Nevada and have had at least 5 years’ experience as registered pharmacists preceding such appointment.

      (b) One member who is a representative of the general public.

      2.  Not more than two members may be appointed from any one county.

      3.  Appointments of registered pharmacists shall be representative of community practice and hospital practice of pharmacy.

      4.  Within 30 days after his appointment, each member of the board shall take and subscribe an oath to discharge faithfully and impartially the duties prescribed by this chapter.

      5.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 287.  NRS 640.030 is hereby amended to read as follows:

      640.030  1.  The state board of physical therapy examiners, consisting of five members appointed by the governor, is hereby created.

      2.  [Until March 6, 1957, the board shall consist of the three members appointed by the governor pursuant to law. After March 6, 1957, the board shall consist of five members appointed by the governor. The terms of the three members appointed by the governor prior to March 6, 1957, shall expire on January 1, 1958, January 1, 1959, and January 1, 1960. The two vacancies on the board created by chapter 52, Statutes of Nevada 1957, shall be filled by appointment by the governor of two registered physical therapists pursuant to the provisions of NRS 640.040. The term of one of the persons so appointed shall expire on January 1, 1958, and the term of the other person so appointed shall expire on January 1, 1959.

      3.  Each member appointed shall be a registered physical therapist, and, except as is otherwise provided in subsection 2, all appointments, except appointments to fill unexpired terms, shall be for terms of 3 years each.

      4.] The governor shall appoint:

      (a) Four members who are registered physical therapists in the State of Nevada.

      (b) One member who is a representative of the general public.

      3.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.


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ê1977 Statutes of Nevada, Page 1258 (Chapter 530, AB 278)ê

 

not participate in preparing, conducting or grading any examination required by the board.

      4.  No member of the board [shall] may serve more than two consecutive terms.

      Sec. 288.  NRS 641.030 is hereby amended to read as follows:

      641.030  [There is hereby created the board of psychological examiners which shall administer and enforce the provisions of this chapter.] The board of psychological examiners, consisting of five members appointed by the governor, is hereby created.

      Sec. 289.  NRS 641.040 is hereby amended to read as follows:

      641.040  [The board shall consist of five members appointed by the governor. The governor shall appoint the members of the board from any persons qualified under the provisions of this chapter. In appointing the members, the governor shall use his judgment to select psychologists who represent as widely as possible the varied professional interests of psychologists in Nevada. For his guidance in making appointments, the governor may request lists of qualified psychologists from the Nevada Psychological Association.] 1.  The governor shall appoint:

      (a) Four members who are certified psychologists in the State of Nevada.

      (b) One member who is a representative of the general public.

      2.  A person is not eligible for appointment unless he is:

      (a) A citizen of the United States; and

      (b) A resident of the State of Nevada.

      3.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 290.  NRS 641A.090 is hereby amended to read as follows:

      641A.090  [There is hereby created the board of marriage and family counselor examiners, which shall administer and enforce the provisions of this chapter.] The board of marriage and family counselor examiners, consisting of six members appointed by the governor, is hereby created.

      Sec. 291.  NRS 641A.100 is hereby amended to read as follows:

      641A.100  [The board shall consist of five members appointed by the governor. If possible, at least one examiner will be appointed in each of the following three specialties: Psychiatry; psychology; social work. All examiners must be in good standing with, or acceptable for membership in, their local or state societies and associations when they exist. Psychiatrists must have completed their residencies in psychiatry. Persons]

      1.  The governor shall appoint:

      (a) Four members who are certified marriage and family counselors and are in good standing with or acceptable for membership in their local or state societies and associations when they exist. At least one member shall be appointed in each of the following specialties: Psychiatry, psychology, social work.

      (b) Two members who are representatives of the general public.

      2.  A member who is a psychiatrist must have completed a residency in psychiatry.


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ê1977 Statutes of Nevada, Page 1259 (Chapter 530, AB 278)ê

 

      3.  Members with academic backgrounds in psychology or social work must possess graduate degrees in these fields or the equivalent and have at least 1 year of paid work experience where marriage and family counseling was a significant part of that work.

      4.  The members who are representatives of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 292.  NRS 641A.110 is hereby amended to read as follows:

      641A.110  [No] A person [shall be] is not eligible for appointment or to hold office as a member of the board unless he is:

      1.  A citizen of the United States.

      2.  A resident of Nevada.

      [3.  A certified marriage and family counselor under the provisions of this chapter, except for members of the first appointed board, who shall be residents of Nevada who meet the requirements listed in NRS 641A.100.]

      Sec. 293.  NRS 642.020 is hereby amended to read as follows:

      642.020  1.  The state board of funeral directors and embalmers, consisting of three members [who shall be practical and practicing funeral directors and embalmers] appointed by the governor, is hereby created.

      2.  [The persons appointed shall hold office for terms of 3 years, unless sooner removed.

      3.  An appointment to fill a vacancy caused by death, resignation or removal before the expiration of the term shall be made by the governor for the residue of the term.] The governor shall appoint:

      (a) Two members who are practical and practicing funeral directors and embalmers.

      (b) One member who is a representative of the general public.

      3.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 294.  (Deleted by amendment.)

      Secs. 295-316.  (Deleted by amendment.)

      Secs. 317-321.  (Deleted by amendment.)

      Secs. 322-350.  (Deleted by amendment.)

      Secs. 351-354.  (Deleted by amendment.)

      Sec. 355.  There is no section 355.

      Sec. 356.  NRS 645.060 is hereby amended to read as follows:

      645.060  [1.  The first vacancy occurring in the membership of the commission after July 1, 1955, shall be filled by appointment by the governor for a term of 1 year. The second and third vacancies occurring in the membership of the commission after July 1, 1955, shall be filled by appointment by the governor for terms of 2 years. The fourth and fifth vacancies occurring in the membership of the commission after July 1, 1955, shall be filled by appointment by the governor for terms of 3 years. Thereafter, the term of the members of the commission shall be for 3 years.

      2.] Members [may be] are eligible for reappointment, but shall not serve for a period greater than 6 years consecutively, after which time they [shall not again be] are not eligible for appointment or reappointment until 3 years have elapsed from any period of previous service.


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ê1977 Statutes of Nevada, Page 1260 (Chapter 530, AB 278)ê

 

they [shall not again be] are not eligible for appointment or reappointment until 3 years have elapsed from any period of previous service. [; but when] If a successor is appointed to fill the balance of any unexpired term of a member, the time served by the successor shall not apply in computing the 6 years’ consecutive service [herein provided for] unless the balance of the unexpired term exceeds 18 months. [, and no term of any member of the commission in office on July 1, 1955, shall be used in computing the 6 years’ consecutive service herein provided for.]

      Sec. 357.  (Deleted by amendment.)

      Sec. 358.  NRS 648.020 is hereby amended to read as follows:

      648.020  1.  [The board shall consist of five members, four of whom shall be appointed by the governor, and serve at his pleasure, as follows:] The private investigator’s licensing board, consisting of the attorney general or his deputy and four members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) One member [shall be] who is a private investigator.

      (b) One member [shall be] who is a private patrolman.

      (c) One member [shall be] who is a process server or a polygraph operator.

      (d) One member [shall be a repossessor.

      2.] who is a representative of the general public.

      3.  The chairman of the board [shall be] is the attorney general or a deputy attorney general designated by the attorney general to act in such capacity.

      [3.] 4.  Members of the board [shall] are entitled to receive per diem expenses and travel allowances as provided by law.

      5.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 359.  NRS 652.170 is hereby amended to read as follows:

      652.170  1.  [Members of the medical laboratory advisory committee shall be appointed by the board. Of those members first appointed, three members shall be appointed for terms of 2 years, and four members shall be appointed for terms of 4 years. Thereafter, all appointments shall be for terms of 4 years. No member may be appointed for more than two consecutive terms.

      2.] The board shall appoint the members of the medical laboratory advisory committee.

      2.  After the initial terms, members shall serve for 3-year terms.

      3.  A member may not serve for more than two consecutive terms. Service of 2 or more years in filling an unexpired term constitutes a term.

      4.  The [membership of the] advisory committee shall be composed of:

      (a) Two pathologists, certified in clinical pathology by the American Board of Pathology.

      (b) Two medical technologists.

      (c) One bioanalyst who is a laboratory director. [as defined in NRS 652.050.]

      (d) One qualified biochemist from the University of Nevada.


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ê1977 Statutes of Nevada, Page 1261 (Chapter 530, AB 278)ê

 

      (e) One licensed physician actively engaged in the practice of clinical medicine in the State of Nevada.

      [3.] 5.  No member of the advisory committee may have any financial or business arrangement with any other member which pertains to the business of laboratory analysis.

      [4.] 6.  The state health officer or his designated representative [shall serve as] is an ex officio member of such advisory committee.

      [5.] 7.  Each member of such advisory committee [shall receive] is entitled to receive a salary of $40 for each day’s attendance at a meeting of the committee and the travel expenses and subsistence allowances [pursuant to the provisions of NRS 281.160] provided by law while engaged in the performance of his official duties.

      Sec. 360.  NRS 654.050 is hereby amended to read as follows:

      654.050  [There is hereby created the Nevada state board of examiners for skilled nursing facility administrators.] The Nevada state board of examiners for skilled nursing facility administrators, consisting of the director of the department of human resources or his designee and four members appointed by the governor, is hereby created within the department of human resources.

      Sec. 361.  NRS 654.060 is hereby amended to read as follows:

      654.060  [The board shall be composed of:

      1.  The director of the department of human resources or his designee; and

      2.  Four members appointed by the governor. Two of the appointed members shall be skilled nursing facility administrators and the third and fourth appointed members shall be an administrator of a general hospital and a member of the medical profession or paramedical professions.] 1.  The governor shall appoint:

      (a) Two members who are skilled nursing facility administrators.

      (b) One member who is a member of the medical or paramedical professions.

      (c) One member who is a representative of the general public.

      2.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 362.  NRS 654.080 is hereby amended to read as follows:

      654.080  [1.] The governor may remove any appointed member of the board for misconduct in office, incompetency, neglect of duty or other good cause.

      [2.  A vacancy occurring in the office of an appointive member of the board shall, as appropriate, be filled by the governor for the unexpired portion of the term or for a new term.]

      Secs. 363 and 364.  (Deleted by amendment.)

      Sec. 365.  NRS 673.0354 is hereby amended to read as follows:

      673.0354  Upon request of the commissioner, the buildings and grounds division of the department of general services shall assign and make available [to the commissioner and the board] suitable and convenient rooms or space for [their] the commissioner’s use.

      Sec. 366.  NRS 673.043 is hereby amended to read as follows:

      673.043  1.  The commissioner [shall have the power to] may establish such [rules and] regulations as may be reasonable or necessary to carry out the purposes [and provisions] of this chapter.


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ê1977 Statutes of Nevada, Page 1262 (Chapter 530, AB 278)ê

 

      2.  Such [rules and] regulations as originally drafted, and as amended from time to time, shall be printed and distributed by the commissioner to all associations, and shall become effective not earlier than 30 days from the date of issuance, but before such [rules and] regulations become effective and within such 30-day period any association may appeal to the [board] director as to the reasonableness and necessity of any of or all of such [rules and] regulations.

      Sec. 367.  NRS 673.047 is hereby amended to read as follows:

      673.047  1.  Any association aggrieved by any action of the commissioner or by his failure to act under the provisions of this chapter may appeal [therefrom to the board.] to the director. The association shall file a written statement of objections [with the chairman of the board] within 30 days after the action of the commissioner or after his failure to act. A copy of the statement of objections shall be filed simultaneously with the commissioner.

      2.  Within 10 days after the filing of such statement of objections [with the chairman, the board] , the director shall fix a date for a hearing on the objections. Written notice shall be given to the objecting association and to the commissioner stating the date of the hearing. The date of the hearing shall not be earlier than 15 days nor later than 30 days after the date of the notice, unless the [board] director determines that an earlier hearing is necessary or advisable. Upon written agreement between the parties the [board] director may extend the time for the hearing to the time agreed upon by the parties.

      3.  Upon the conclusion of the hearing, the [board] director shall excuse the representatives of the association, the commissioner and all other persons present, and shall determine the facts. The [board] director shall, in writing, either approve, disapprove or modify the action of the commissioner or approve or disapprove of his failure to act.

      4.  The [board’s] director’s written findings and decision are subject to review by the state board of finance if written demand [therefor] for a review is filed with the secretary of the state board of finance within 30 days after the rendition of the findings and decision.

      Sec. 368.  NRS 673.4845 is hereby amended to read as follows:

      673.4845  1.  An association may reorganize, merge or consolidate with another state or federal association, if the reorganization, merger or consolidation is based upon a plan which has been adopted by the board of directors and approved at a regular or special stockholders’ meeting which has been called to consider the action. Such approval must rest on a favorable vote of a majority of the voting power of the association as established by its articles.

      2.  Any such plan for reorganization, merger or consolidation must be approved by the commissioner, who shall satisfy himself that the plan, if approved, would be equitable for the stockholders of the affected association or associations and would not impair the usefulness or success of other properly conducted associations in the community. In submitting an application for approval of any such plan, each association proposing to reorganize, merge or consolidate shall provide a comprehensive review of its present financial statement and a projected view of the financial statement of the reorganized, merged or consolidated association.


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ê1977 Statutes of Nevada, Page 1263 (Chapter 530, AB 278)ê

 

      3.  Unless such action is specifically authorized by or taken in conformity with this chapter, no association may, directly or indirectly:

      (a) Reorganize, merge or consolidate.

      (b) Assume liability to pay savings accounts or other liabilities of any financial institution or any other organization, person or entity.

      (c) Transfer assets to any financial institution or any other organization, person or entity in consideration of the transferee’s assumption of liability for any portion of the transferor’s savings accounts, deposits or other liability.

      (d) Acquire the assets of any financial institution or any other organization, person or entity.

      4.  Any association aggrieved by any action or position taken by the commissioner under this section may appeal [therefrom to the board] such action or position to the director in the manner provided in NRS 673.047.

      5.  Each application which is made under this section shall be accompanied by a fee payment of $150. The responsibility for payment of the fee shall be shared equally by the associations participating in each proposed plan.

      Sec. 369.  NRS 678.290 is hereby amended to read as follows:

      678.290  1.  [There is hereby established a] The credit union advisory council, consisting of five members appointed by the governor, is hereby created to consult with, advise and make recommendations to the commissioner in all matters pertaining to credit unions.

      2.  [The council shall consist of five persons of] The governor shall appoint members who have tested credit union experience [who shall be appointed by the governor] from a list of recommended names submitted by the Nevada Credit Union League. [Appointments to the council shall be for terms of 4 years, except that initial appointments shall be:]

      3.  After June 30, 1977, the governor shall appoint members to the following terms:

      (a) One member [for 1 year;] whose term expires June 30, 1978.

      (b) One member [for 2 years;] whose term expires June 30, 1979.

      (c) One member [for 3 years; and] whose term expires June 30, 1980.

      (d) Two members [for 4 years.] whose terms expire June 30, 1981.

[All members shall serve] Thereafter, all members shall serve for terms of 4 years or until their successors have been appointed and qualified.

      [3.] 4.  If a vacancy occurs, the appointment to fill such vacancy shall be made in the manner of the original appointment but only for the unexpired term.

      [4.] 5.  The chairman of the advisory council shall be elected annually by and from the members thereof.

      [5.] 6.  The first meeting of the advisory council shall be called by the commissioner and thereafter regular meetings shall be held at such times and places as shall be determined by the chairman or commissioner, but at least once every 6 months.

      [6.] 7.  Council members [shall serve without salary, but] are entitled to receive a salary of $40 for each day’s attendance at a meeting of the council and the [to] per diem allowances and travel expenses [at the rate] provided by law.


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ê1977 Statutes of Nevada, Page 1264 (Chapter 530, AB 278)ê

 

of the council and the [to] per diem allowances and travel expenses [at the rate] provided by law. [for state employees.]

      Sec. 370.  NRS 706.8818 is hereby amended to read as follows:

      706.8818  1.  For each county of this state to which NRS 706.881 to 706.885, inclusive, apply, [the governor shall, until December 31, 1971, appoint a taxicab authority consisting of three persons, who shall serve at his pleasure. On and after January 1, 1972, a taxicab authority shall consist of three members appointed by the governor. Of the first taxicab authority appointed, one member shall be appointed for a term of 1 year, one member for 2 years, and one member for 3 years. Vacancies occurring as a result of the expiration of such terms shall be filled by appointment for terms of 3 years.] a taxicab authority, consisting of three members appointed by the governor, is hereby created. No member may serve for more than 6 years. No more than two [of such persons] members may be members of the same political party, and no elected officer of the state or any political subdivision is eligible for appointment.

      2.  Each member of the taxicab authority is entitled to receive as compensation $40 for each day actually employed on work of the authority, and reimbursement for necessary travel and per diem expenses in the manner provided by law.

      3.  The taxicab authority may adopt appropriate regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and as it may deem necessary, for the conduct of the taxicab business and the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive. Local law enforcement agencies and the Nevada highway patrol, upon request of the taxicab authority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and regulations adopted pursuant thereto.

      4.  Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, every regulation and order issued by the public service commission of Nevada shall remain effective in a county to which NRS 706.881 to 706.885, inclusive, apply until modified or rescinded by the taxicab authority, and shall be enforced by the taxicab authority.

      Sec. 371.  1.  NRS 180.020, 210.020 to 210.050, inclusive, 210.410 to 210.440, inclusive, 216.135 to 216.175, inclusive, 233D.010, 233D.040, 242.110, 242.210, 242.220, 315.790, 341.040, 381.040, 381.050, 383.050, 385.470 to 385.580, inclusive, 390.030, 390.050, 398.010 to 398.240, inclusive, 407.023, 414.050, 422.090, 422.100, 427A.141, 432A.130, 444.360 to 444.410, inclusive, 457.030 to 457.060, inclusive, 457A.010 to 457A.050, inclusive, 458.201 to 458.240, inclusive, 467.065 to 467.068, inclusive, 489.061, 489.160 to 489.260, inclusive, 501.087, 501.120 to 501.165, inclusive, 501.169, 501.173, 501.263, 512.105, 513.030, 513.040, 513.050, 513.090, 538.071, 539.637, 561.065, 562.080, 623.060, 624.060, 636.040, 636.045, 636.050, 636.055, 636.060, 636.065, 637A.070, 640.040, 641.050, 641.060, 641.150, 641A.120, 645.080, 653.010 to 653.210, inclusive, 654.070, 656.060, 673.003 and 673.0355 to 673.038, inclusive, are hereby repealed.


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ê1977 Statutes of Nevada, Page 1265 (Chapter 530, AB 278)ê

 

      2.  NRS 422.142 to 422.148, inclusive, 432A.140 and 616.4983 are hereby repealed.

      Sec. 372.  1.  The terms of office of all members appointed by the governor to the following boards or commissions who are incumbent on October 30, 1977, expire on that date:

      (a) The state board of finance;

      (b) The Nevada tax commission; and

      (c) The state board of equalization.

      2.  The terms of office of all members appointed by the governor to the following boards, commissions, committees or councils who are incumbent on July 1, 1977, expire on that date:

      (a) The advisory personnel commission;

      (b) The merit award board;

      (c) The committee on group insurance;

      (d) The local government employee-management relations board;

      (e) The employee-management relations advisory committee;

      (f) The ground water boards;

      (g) The medical boards;

      (h) The occupational safety and health review board; and

      (i) The credit union advisory council.

      3.  As soon as convenient after the expiration of the terms of such members, the governor shall appoint new members to each of the respective boards, commissions, committees and councils in the number, with the qualifications and for the terms provided by law. The governor shall appoint at least one-third of the members who are incumbent on October 30, 1977 or July 1, 1977, to new terms on the respective boards, commissions, committees and councils.

      Sec. 373.  1.  The terms of office of all appointed members of the state apprenticeship council, who are incumbent on October 30, 1977, expire on that date. After the expiration of the terms of such members, the labor commissioner shall appoint to the council, as nearly as may be:

      (a) One-third of the members to terms expiring October 30, 1978;

      (b) One-third of the members to terms expiring October 30, 1979; and

      (c) One-third of the members to terms expiring October 30, 1980.

      2.  The terms of office of all members of the Nevada advisory council for vocational-technical education, the well drillers’ advisory board and the medical laboratory advisory committee, who are incumbent on July 1, 1977, expire on that date. After the expiration of the terms of such members, the persons required to appoint new members shall appoint, as nearly as may be:

      (a) One-third of the members to terms expiring June 30, 1978;

      (b) One-third of the members to terms expiring June 30, 1979; and

      (c) One-third of the members to terms expiring June 30, 1980.

      Sec. 374.  1.  The term of office of the member appointed by the governor to the oil and gas conservation commission, who is incumbent on October 30, 1977, expires on that date. After the expiration of the term of such member, the governor shall appoint a new member to a term expiring October 30, 1980.

      2.  The terms of office of members appointed by the governor to the state environmental commission, who are incumbent on July 1, 1977, expire on that date.


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ê1977 Statutes of Nevada, Page 1266 (Chapter 530, AB 278)ê

 

state environmental commission, who are incumbent on July 1, 1977, expire on that date. After the expiration of the terms of such members, the governor shall appoint, as nearly as may be:

      (a) One-third of the members to terms expiring June 30, 1978;

      (b) One-third of the members to terms expiring June 30, 1979; and

      (c) One-third of the members to terms expiring June 30, 1980.

      Sec. 375.  1.  The terms of office of all members of the following boards, commissions and similar bodies, who are incumbent on October 30, 1977, expire on that date:

      (a) The commission on crimes, delinquency and corrections;

      (b) The economic advisory council on tourism;

      (c) The economic advisory council on industry;

      (d) The youth services agency advisory board;

      (e) The Nevada equal rights commission;

      (f) The Nevada Indian commission;

      (g) The Nevada state rural housing authority;

      (h) The Nevada veterans’ advisory commission;

      (i) The state welfare board;

      (j) The state advisory committee on older Americans;

      (k) The child care policy board;

      (l) The Nevada racing commission;

      (m) The Nevada athletic commission;

      (n) The state fire marshal’s advisory board;

      (o) The state board of agriculture;

      (p) The state board of sheep commissioners;

      (q) The Nevada liquefied petroleum gas board;

      (r) The Nevada employment security council;

      (s) The board of review;

      (t) The state board of architecture;

      (u) The state contractors’ board;

      (v) The state board of registered professional engineers;

      (w) The board of landscape architecture;

      (x) The board of dental examiners of Nevada;

      (y) The state board of nursing;

      (z) The state board of osteopathy;

      (aa) The Nevada state board of chiropractic examiners;

      (bb) The state board of Oriental medicine;

      (cc) The state board of podiatry;

      (dd) The Nevada state board of optometry;

      (ee) The board of dispensing opticians;

      (ff) The board of hearing aid specialists;

      (gg) The Nevada state board of veterinary medical examiners;

      (hh) The state board of pharmacy;

      (ii) The state board of physical therapy examiners;

      (jj) The board of psychological examiners;

      (kk) The board of marriage and family counselor examiners;

      (ll) The state board of funeral directors and embalmers;

      (mm) The Nevada real estate advisory commission;

      (nn) The private investigator’s licensing board;

      (oo) The Nevada state board of examiners for skilled nursing facility administrators;


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ê1977 Statutes of Nevada, Page 1267 (Chapter 530, AB 278)ê

 

      (pp) The certified shorthand reporters board of Nevada; and

      (qq) The taxicab authority.

      2.  After the expiration of the terms of members of the boards, commissions or similar bodies listed in subsection 1, the governor shall appoint, as nearly as may be, new members as follows:

      (a) One-third of the members to terms expiring October 30, 1978;

      (b) One-third of the members to terms expiring October 30, 1979; and

      (c) One-third of the members to terms expiring October 30, 1980.

The governor shall appoint at least one-third of the members who are incumbent on October 30, 1977, to new terms on the respective boards, commissions or similar bodies.

      3.  The terms of office of all members of the following boards, commissions and similar bodies, who are incumbent on July 1, 1977, expire on that date:

      (a) The state multiple use advisory committee on federal lands;

      (b) The Eldorado Valley advisory group;

      (c) The state land use planning advisory council;

      (d) The Nevada state museum board of trustees;

      (e) The Lost City museum advisory commission;

      (f) The Nevada historical society board of trustees;

      (g) The Nevada council on libraries;

      (h) The state textbook commission;

      (i) The commission on postsecondary institutional authorization;

      (j) The state park advisory commission;

      (k) The mental hygiene and mental retardation advisory board;

      (l) The state board of forestry and fire control;

      (m) The state board of fish and game commissioners;

      (n) The state energy resources advisory board; and

      (o) The Colorado River advisory commission.

      4.  After the expiration of the terms of members of the boards, commissions or similar bodies listed in subsection 3, the governor shall appoint, as nearly as may be, new members as follows:

      (a) One-third of the members to terms expiring June 30, 1978;

      (b) One-third of the members to terms expiring June 30, 1979; and

      (c) One-third of the members to terms expiring June 30, 1980.

The governor shall appoint at least one-third of the members who are incumbent on July 1, 1977, to new terms on the respective boards, commissions or similar bodies.

      Sec. 376.  1.  The terms of office of all members of the governors advisory council on children and youth who are incumbent on July 1, 1977, expire on that date.

      2.  The governor shall appoint new members to the advisory council on children and youth, in the following manner:

      (a) One-third of the members to terms expiring June 30, 1978;

      (b) One-third of the members to terms expiring June 30, 1979; and

      (c) One-third of the members to terms expiring June 30, 1980.

      3.  The terms of office of all members of the advisory mining board for the State of Nevada who are incumbent on July 1, 1977, expire on that date.

      4.  The members of the mineral resources advisory board who are appointed by the governor shall be appointed as follows:


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ê1977 Statutes of Nevada, Page 1268 (Chapter 530, AB 278)ê

 

      (a) One-third of the members to terms expiring June 30, 1978;

      (b) One-third of the members to terms expiring June 30, 1979; and

      (c) One-third of the members to terms expiring June 30, 1980.

      5.  The terms of office of all members of the Virginia City historic district commission who are incumbent on July 1, 1977, expire on that date.

      6.  The governor shall appoint new members to the Comstock historic district commission as follows:

      (a) Three members to terms expiring June 30, 1978;

      (b) Three members to terms expiring June 30, 1979; and

      (c) Three members to terms expiring June 30, 1980.

      Sec. 376.5.  1.  The terms of office of all members appointed by the governor to the public works board who are incumbent on July 1, 1977, expire on that date. After the expiration of the terms of such members the governor shall appoint new members as follows:

      (a) Two members to terms expiring on June 30, 1978;

      (b) Two members to terms expiring on June 30, 1979;

      (c) Two members to terms expiring on June 30, 1980; and

      (d) Three members to terms expiring on June 30, 1981.

The governor shall appoint not less than one third of the members from those members whose terms expire on July 1, 1977.

      2.  The terms of office of members of the Nevada state board of accountancy who are incumbent on July 1, 1977, shall expire as follows:

      (a) The member whose term expires on April 1, 1978, shall continue in office until October 30, 1978;

      (b) The member whose term expires on April 1, 1979, shall continue in office until October 30, 1979; and

      (c) The member whose term expires on April 30, 1980, shall continue in office until October 30, 1980. After the expiration of the terms of such members, the governor shall appoint new members to three-year terms with each term expiring on October 30.

      Sec. 377.  1.  There is hereby appropriated from the state general fund to each of the boards, commissions or similar bodies enumerated in subsection 2 to pay the salary and per diem and travel expenses provided for in this act.

      2.  The sum appropriated by subsection 1 is allocated for the designated fiscal year as follows:

 

                                                                                             Fiscal Year          Fiscal Year

                                                                                              1977-78               1978-79

      (a) Department of economic development...........                $560      $560

      (b) The state multiple use advisory committee on federal lands            1,560.................................................................... 1,560

      (c) The youth services agency advisory board......               1,120      1,120

      (d) The advisory council on children and youth...               1,080      1,080

      (e) The Lost City museum advisory commission.                  840      840

      (f) The employee-management advisory committee                         800........................................................................... 800

      (g) The Nevada council on libraries.........................                  480      480

      (h) The Comstock historic district commission.....               3,360      3,360

      (i) The state textbook commission..........................                  960      960

 


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ê1977 Statutes of Nevada, Page 1269 (Chapter 530, AB 278)ê

 

      (j) The commission on postsecondary institutional authorization         $960...................................................................... $960

      (k) The state park advisory commission................               1,120      1,120

      (l) The state advisory committee on older Americans                        2,160.................................................................... 2,160

      (m) The mental hygiene and mental retardation advisory board          1,120.................................................................... 1,120

      (n) The state environmental commission...............                  640      640

      (o) The state board of forestry and fire control....                  560      560

      (p) The state fire marshal’s advisory board...........               1,000      1,000

      (q) The state energy resources advisory board......               2,880      2,880

      (r) The state conservation commission...................               1,120      1,120

      (s) The Nevada junior livestock show board.........                  320      320

      (t) The medical laboratory advisory committee...                  560      560

      (u) The credit union advisory council.....................                  400      400

      3.  After June 30, 1979, the unencumbered balance of the appropriation made in subsections 1 and 2 shall not be encumbered and shall revert to the state general fund.

      Sec. 378.  1.  Sections 12, 59, 60, 65, 66, 67, 69, 72, 78, 79, 87, 96, 106, 107, 110, 163, 192, 360, 367, 368, 370 and subsection 2 of section 371 of this act shall become effective at 12:01 a.m. on July 1, 1977.

      2.  Section 12 of this act shall become effective at 12:02 a.m. on July 1, 1977.

 

________

 

 

CHAPTER 531, AB 476

Assembly Bill No. 476–Assemblymen Hayes, Polish, Goodman, Hickey, Horn, Bremner, Coulter, Barengo, Banner, Schofield, Price, Craddock and Sena

CHAPTER 531

AN ACT relating to children; making various changes in the Juvenile Court Act; providing for reimbursement to counties for certain services rendered to children; making various changes in laws governing the employment of children; and providing other matters properly relating thereto.

 

[Approved May 14, 1977]

 

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 who is under the jurisdiction of the juvenile division of the district court pursuant to this chapter receives ancillary services administered or financed by a county, including but not limited to transportation or psychiatric, psychological or medical services, the county is entitled to be reimbursed for such services from the parent of the child.

      2.  The board of county commissioners may adopt a sliding scale for determining the amounts to be reimbursed for such services based on the ability of the parent to pay, but the district court shall review each case and make a finding as to the reasonableness of the charge in relation to the parent’s ability to pay.


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ê1977 Statutes of Nevada, Page 1270 (Chapter 531, AB 476)ê

 

      3.  If the parent refuses or otherwise fails to reimburse the county for such services, the board may bring a civil action to recover all money owed to it, together with interest thereon at 7 percent per annum commencing 30 days after an itemized statement of the charge for such services is submitted to the parent.

      Sec. 2.  NRS 62.020 is hereby amended to read as follows:

      62.020  When used in this chapter, unless the context otherwise requires:

      1.  “Adult” means a person 18 years of age or older [.] , or a person between the ages of 16 and 18 who has been certified as an adult.

      2.  “Child” means a person less than 18 years of age or a person less than 21 years of age who committed an act of delinquency before reaching the age of 18 years.

      3.  “Court” means the juvenile division of the district court.

      4.  “Judge” means the judge of the juvenile division of the district court.

      5.  “Minor traffic offense” means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within the State of Nevada other than:

      (a) Manslaughter [.] ;

      (b) Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in violation of NRS 484.379 [.] ; or

      (c) [Driving a motor vehicle without having been issued a license or permit to drive such a vehicle, or during suspension of a driver’s license or permit.

      (d)] Any traffic offense declared to be a felony.

      Sec. 3.  NRS 62.040 is hereby amended to read as follows:

      62.040  1.  Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

      (a) Concerning any child living or found within the county who is neglected because:

             (1) He has been abandoned by his parents, guardian, or other custodian;

             (2) He is without proper parental care and control, or subsistence, education, medical or other care or control necessary for his well-being because of the faults or habits of his parents, guardian or other custodian or their neglect or refusal, when able to do so, to provide them;

             (3) His parents, guardian, or other custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity; or

             (4) He has been placed for care or adoption in violation of law.

      (b) Concerning any child living or found within the county who is in need of supervision because he:

             (1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode, and is in need of care or rehabilitation.


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ê1977 Statutes of Nevada, Page 1271 (Chapter 531, AB 476)ê

 

and is in need of care or rehabilitation. Such a child shall not be considered a delinquent.

      (c) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he:

             (1) Commits an act designated a crime under the law of the State of Nevada [,] except murder or attempted murder, or [who] violates a county or municipal ordinance or any rule or regulation having the force [and effect] of law; or

             (2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.

      (d) Concerning any child in need of commitment to an institution for the mentally retarded.

      2.  This chapter does not deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.

      3.  This chapter does not deprive justices’ courts and municipal courts 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, of original jurisdiction to try juveniles charged with minor traffic violations but:

      (a) The restrictions set forth in subsection 3 of NRS 62.170 are applicable in such proceedings; and

      (b) Such justices’ courts and municipal courts may, upon adjudication of guilt of such offenses, refer any juvenile to the juvenile court for sentencing if such referral is deemed in the best interest of the child and where such minor is unable to pay the fine assessed or has been ordered to be imprisoned.

In all other cases prior consent of the juvenile court judge or judges is required before reference to the juvenile court may be ordered. Any child charged in a justice’s court or municipal court pursuant to this subsection shall be accompanied at all proceedings by a parent or legal guardian.

      Sec. 4.  NRS 62.050 is hereby amended to read as follows:

      62.050  If, during the pendency of a criminal or quasi-criminal charge, except [in a capital offense,] a charge of murder or attempted murder, brought against [any] a person in any court, it [shall be] is ascertained that the person was under the age of 18 years [at the time of committing the alleged offense, it shall be the duty of] when the alleged offense was committed, the court shall forthwith [to] transfer the case and record to the juvenile division. The court making such transfer shall order the child to be taken forthwith to the place of detention designated by the juvenile division or to that court itself, or release the child to the custody of some suitable person, to be brought before the court at a time designated.

      Sec. 5.  NRS 62.060 is hereby amended to read as follows:

      62.060  1.  Whenever any person over the age of 18 years and under the age of 21 years is accused of a felony or a gross misdemeanor and the indictment or information has been filed in the district court of the county wherein the crime was committed, charging that person with the commission of a felony or a gross misdemeanor, and a preliminary hearing has been held or conditionally waived, the district judge may, at his discretion and with consent of the accused, or upon his request, arrest the proceeding at the time of the arraignment or at any time [previous] prior to the impanelment of the jury, except where the crime charged is [a capital offense or an attempt to commit a capital offense.]


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ê1977 Statutes of Nevada, Page 1272 (Chapter 531, AB 476)ê

 

been held or conditionally waived, the district judge may, at his discretion and with consent of the accused, or upon his request, arrest the proceeding at the time of the arraignment or at any time [previous] prior to the impanelment of the jury, except where the crime charged is [a capital offense or an attempt to commit a capital offense.] murder or attempted murder, and transfer the case to the juvenile division of the district court. The judge [may proceed to] of the juvenile division may investigate the charge against the defendant and may order the probation officer to investigate all facts and circumstances necessary to assist the judge in determining the proper disposition [to be made of the person.] of the case. The judge of the juvenile division shall thereupon determine whether the person shall be dealt with under the provisions of this chapter.

      2.  If the judge of the juvenile division is satisfied upon such an investigation that the person should be dealt with under this chapter, he may make such order as [herein] provided in this chapter for the disposition of a child under the age of 18 years.

      3.  If no request is made by the defendant for proceeding under this chapter, or if the defendant desires a trial by jury, or if the judge declines to consent to the application of the defendant for proceeding under this chapter, the case shall proceed in the ordinary manner.

      Sec. 6.  NRS 62.080 is hereby amended to read as follows:

      62.080  If a child 16 years of age or older is charged with an offense which would be a felony if committed by an adult, the juvenile division of the district court, after full investigation, may in its discretion retain jurisdiction or certify the child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult; but no child under 16 years of age [shall] may be so certified. After such a child has been certified for proper criminal proceedings and his case has been transferred out of the juvenile division, original jurisdiction of the person rests with the court to which the child has been certified and the child may thereafter petition for transfer back to the juvenile division only upon a showing of exceptional circumstances.

      Sec. 7.  NRS 62.105 is hereby amended to read as follows:

      62.105  1.  The judge or judges of the court in each district which includes a county having a population of 200,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall, by an order entered in the minutes of the court, appoint not less than five nor more than seven representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in such committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which shall specify the time in which to appear, and shall qualify by taking an oath, which shall be entered in the records, faithfully to perform the duties of a member of the committee. The members of the committee shall hold office for 3 years, provided that of those first appointed, 1 shall be appointed for a term of 1 year, 2 for terms of 2 years, and 2 for terms of 3 years. Thereafter, all appointments shall be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office shall be filled for the remainder of that term.


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ê1977 Statutes of Nevada, Page 1273 (Chapter 531, AB 476)ê

 

shall be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges. Any member who is absent from three consecutive meetings of the committee without the permission of the chairman shall relinquish his office and the vacancy shall be filled as provided in this subsection.

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

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

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

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

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

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

      (f) The probation committee shall provide for the giving of competitive examinations for the selection of persons suitable for appointment as probation officers and employees of any detention home or other commitment facilities administered or financed by the county. The examinations shall have reference to the necessary ability, education and special aptitudes for the work to which they are to be assigned.

      (g) The probation committee shall advise and recommend the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county.

      (h) The probation committee shall act as a hearing board pursuant to the provisions of subsection 2 of NRS 62.117.

      Sec. 8.  NRS 62.170 is hereby amended to read as follows:

      62.170  1.  Except as provided in subsection 6, 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.


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ê1977 Statutes of Nevada, Page 1274 (Chapter 531, AB 476)ê

 

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] who has signed a 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 a child under 18 years of age shall not 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 officer 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.

      6.  Whenever any child is halted by a peace officer for any violation of a traffic law or ordinance which is punishable as a misdemeanor, the peace officer may prepare and issue a written traffic citation under the same criteria as would apply to an adult violator. If the child gives his written promise to appear in court by signing the citation, the officer shall deliver a copy of the citation to the child and shall not take him into physical custody for the violation.


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ê1977 Statutes of Nevada, Page 1275 (Chapter 531, AB 476)ê

 

      7.  During the pendency of a criminal or quasi-criminal charge of murder or attempted murder, a child may petition the juvenile division for temporary placement in a juvenile detention facility pending final disposition of the issue of jurisdiction.

      Sec. 9.  NRS 62.200 is hereby amended to read as follows:

      62.200  1.  If the court finds that the child is within the purview of this chapter, it shall so decree and may, by order duly entered, proceed as follows:

      (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine.

      (b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a family home. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if such institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Nevada girls training center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

      (c) Order such medical, psychiatric, psychologic or other care and treatment as the court deems to be for the best interests of the child, except as herein otherwise provided.

      (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct or neglect which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

      (e) Place the child, when he is not in school, under the supervision of a public organization to work on public projects. The person under whose supervision the child is placed shall keep such child busy and well supervised and shall make such reports to the court as it may require.

      (f) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory school attendance so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from such placement or exemption and is under the strict supervision of the juvenile division.

      2.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

      3.  An adjudication by the court upon the status of any child shall not operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080. This disposition of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment; nor shall the name (except as otherwise provided in subsection 4) or race of any such child in connection with any proceedings under this chapter be published in or broadcasted or aired by any news medium without a written order of the court.


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

ê1977 Statutes of Nevada, Page 1276 (Chapter 531, AB 476)ê

 

otherwise provided in subsection 4) or race of any such child in connection with any proceedings under this chapter be published in or broadcasted or aired by any news medium without a written order of the court.

      4.  If there have been two prior adjudications that a child has committed offenses which would be felonies if committed by an adult, and the child is charged under this chapter with another such offense, the name of the child and the nature of the charges against him may be released and made available for publication and broadcast.

      5.  Whenever the court [shall commit] commits a child to any institution or agency it shall transmit at the time the child is received at the institution or prior thereto a summary of its information concerning the child. The institution or agency shall give to the court such information concerning such child as the court may at any time require.

      Sec. 10.  NRS 62.275 is hereby amended to read as follows:

      62.275  1.  In any case in which a child is taken into custody by a peace officer, is taken before a probation officer, or appears before a judge or master of a juvenile court, district court, justice’s court or municipal court, the child or a probation officer on his behalf may petition for the sealing of all records relating to the child, including records of arrest, but not including records relating to misdemeanor traffic violations, in the custody of the juvenile court, district court, justice’s court or municipal court, probation officer, law enforcement agency, or any other agency or public official, if:

      (a) Three years or more have elapsed after the termination of the jurisdiction of the juvenile court; or

      (b) Three years or more have elapsed since the child was [so taken or so appeared.] last referred to the juvenile court and the child has never been declared a ward of the court.

      2.  The court shall notify the district attorney of the county and the probation officer, if he is not the petitioner. The district attorney, probation officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.

      3.  If, after the hearing, the court finds that, since such termination of jurisdiction, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers and exhibits in such person’s case in the custody of the juvenile court, district court, justice’s court, municipal court, probation officer, law enforcement agency or any other agency or public official sealed. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, shall also be ordered sealed. All juvenile records [,] shall be automatically sealed when the person reaches 24 years of age.

      4.  The court shall send a copy of the order to each agency and official named therein. Each agency and official shall, within 5 days after receipt of the order:

      (a) Seal records in its custody, as directed by the order.

      (b) Advise the court of its compliance.

      (c) Seal the copy of the court’s order that it or he received.

As used in this section, “seal” means placing the records in a separate file or other repository not accessible to the general public.


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ê1977 Statutes of Nevada, Page 1277 (Chapter 531, AB 476)ê

 

      5.  If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred and the minor may properly reply accordingly to any inquiry concerning the proceedings and the events which brought about the proceedings.

      6.  The person who is the subject of records sealed pursuant to this section may petition the court to permit inspection of the records by a person named in the petition and the court may order such inspection.

      7.  The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

      8.  An agency charged with the medical or psychiatric care of a person may petition the court to unseal his juvenile records.

      Sec. 11.  NRS 609.210 is hereby amended to read as follows:

      609.210  1.  Every person who employs, or causes to be employed, exhibits or has in his custody for exhibition or employment, any minor, and every parent, relative, guardian, employer or other person having the care, custody or control of any such minor, who in any way procures or consents to the employment of such minor:

      (a) In begging, receiving alms, or in any mendicant occupation;

      (b) In any indecent or immoral exhibition or practice;

      (c) In any practice or exhibition dangerous or injurious to life, limb, health or morals;

      (d) As a messenger for delivering letters, telegrams, packages or bundles to any house of prostitution or assignation; [or]

      (e) In any public dancehall within this state [,] ; or

      (f) In any area of a casino where there is gaming or where the sale of alcoholic beverages is the primary commercial activity unless the minor is in the casino area to provide entertainment pursuant to an employment contract,

is guilty of a misdemeanor.

      2.  As used in this section a public dancehall means a dancehall where women or girls are either employed or attend for profit either directly or indirectly to themselves.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13.  NRS 609.250 is hereby amended to read as follows:

      609.250  It [shall be] is unlawful for any person, firm, or corporation to employ any child under 14 years of age in any business or service whatever during the hours in which the public schools of the school district in which the child resides are in session [.] , unless the child has been excused from attendance by the school district or under order of the juvenile division of the district court for the purpose of employment.

      Sec. 14.  NRS 609.260 is hereby amended to read as follows:

      609.260  1.  The superintendent of public instruction or other authorized inspector or school attendance officer shall make demand on an employer in or about whose place or establishment a child apparently under the age of 14 years is employed, or permitted or suffered to work, during the hours in which public schools of the school district are in session. The employer shall either furnish him within 10 days satisfactory evidence that such child is in fact over 14 years of age [,] or is permitted to work at such times by the school district or court order, or he shall cease to employ or permit or suffer such child to work.


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

ê1977 Statutes of Nevada, Page 1278 (Chapter 531, AB 476)ê

 

to work at such times by the school district or court order, or he shall cease to employ or permit or suffer such child to work.

      2.  Whoever continues to employ any child in violation of any of the provisions of this section, after being notified thereof by a school attendance officer or other authorized officer, shall for every day thereafter that such employment continues be punished by a fine of not less than $5 nor more than $20.

      Sec. 15.  Sections 8 and 9 of this act shall become effective at 12:01 a.m. on July 1, 1977.

 

________

 

 

CHAPTER 532, AB 732

Assembly Bill No. 732–Assemblyman Jacobsen

CHAPTER 532

AN ACT requiring the developing and carrying out of a unified management plan for the Marlette Lake-Hobart Reservoir watersheds by the state department of conservation and natural resources in cooperation with certain other state agencies; and providing other matters properly relating thereto.

 

[Approved May 14, 1977]

 

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

do enact as follows:

 

      Section 1.  The director of the state department of conservation and natural resources shall develop and carry out a single management plan for the Marlette Lake-Hobart Reservoir watersheds in cooperation with the department of general services and the state board of fish and game commissioners. The director may enter into cooperative agreements or acquire lands, or both, in order to establish unified management of the watersheds. The plan shall contain:

      1.  A forest management program which provides for:

      (a) Insect and disease protection;

      (b) The removal of insect-infested, diseased or dead trees; and

      (c) The removal of trees with a high risk of insect infestation or disease.

The program shall provide for the careful monitoring of any chemical used to control insect infestations or disease in order to prevent harm to the fishery or pollution of the water supply.

      2.  A fuel management program which provides for:

      (a) The identification of any accumulation of fuel constituting a fire hazard; and

      (b) Plans to reduce any such fire hazards.

      3.  A firefighting plan which provides for:

      (a) The identification of fire control points;

      (b) The employment of appropriate fire control methods;

      (c) An assessment of manpower and equipment needs; and

      (d) The preparation of necessary fire breaks based on an evaluation of the soils and vegetation in the watersheds.

      4.  A plan for roads within the watersheds which provides for:

      (a) Restricting vehicular access to those vehicles which are necessary for watershed management, fishery management and water system operation and maintenance;

 


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ê1977 Statutes of Nevada, Page 1279 (Chapter 532, AB 732)ê

 

for watershed management, fishery management and water system operation and maintenance;

      (b) The closure of and planting of vegetation on unnecessary roads and jeep trails; and

      (c) The relocation of existing roads to areas of greater need, and the improvement of road drainage.

The director may contract with the department of highways to obtain the services of a road engineer for preparation of the road plan.

      5.  A soil erosion control program which provides for temporary control of any surface runoff and the replanting of any vegetation disturbed by management activities, flood or fire.

      6.  A plan for prohibiting the introduction of toxic chemicals or heavy metal concentrations into the watershed or water systems.

      Sec. 2.  The director of the state department of conservation and natural resources may develop and carry out the following plans or programs to support the management plan for the Marlette Lake-Hobart Reservoir watersheds as provided in section 1 of this act:

      1.  A program for limited and controlled livestock grazing on a nonrenewable permit basis, as needed, to accomplish the watershed management objectives of fuel reduction, fire break maintenance and seed planting.

      2.  A plan for prohibiting the construction of new utility corridors within the watersheds, including but not limited to surface or underground electrical, gas, oil, communications or sewer lines, except that the plan shall not limit construction for the Marlette Lake water system and may provide for increased use of the existing corridor at the north end of the Hobart Reservoir watershed if the effect on the watershed will be negligible.

      Sec. 3.  The director of the state department of conservation and natural resources may develop and carry out the following plans and programs to supplement the management plan for the Marlette Lake-Hobart Reservoir watersheds, as provided in section 1 of this act:

      1.  A sustained yield, forest management program which provides for periodic harvesting of timber by a helicopter or skyline aerial yarding system.

      2.  A fish and wildlife management program which provides for:

      (a) The maintenance and improvement of wildlife habitats;

      (b) The introduction of new species of fish or wildlife which are compatible with the watersheds and the Marlette Lake water system; and

      (c) The control of fish and wildlife populations.

      3.  An equestrian program which provides for limited use on a permit basis.

      4.  An overnight, backpack camping program which provides for limited use at established campsites on a permit basis, if trails and sanitation facilities can be constructed which do not adversely affect water quality.

      5.  A plan for improving the fishery at Marlette Lake, to be prepared in cooperation with the state board of fish and game commissioners, including the establishment of a minimum water level for the lake which is compatible with municipal water needs, fishery needs and other limitations provided by law, and a plan to permit limited fishing at Hobart Reservoir, including restrictions on numbers of fishermen, length of season and quantity and size of catch.


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

ê1977 Statutes of Nevada, Page 1280 (Chapter 532, AB 732)ê

 

is compatible with municipal water needs, fishery needs and other limitations provided by law, and a plan to permit limited fishing at Hobart Reservoir, including restrictions on numbers of fishermen, length of season and quantity and size of catch.

      6.  A plan to establish a natural reserve at Marlette Lake for research, educational and recreational purposes.

      Sec. 4.  The management plan for the Marlette Lake-Hobart Reservoir watersheds, as provided for in section 1 of this act, shall be based on the Marlette-Hobart watershed study by the division of forestry of the state department of conservation and natural resources, dated December 30, 1976, and shall be developed by July 1, 1978. This plan, and any supporting supplementary plans developed pursuant to sections 2 and 3 of this act, shall be submitted to the legislative commission before being carried into effect.

 

________

 

 

CHAPTER 533, SB 480

Senate Bill No. 480–Committee on Commerce and Labor

CHAPTER 533

AN ACT relating to pharmacists and pharmacy; authorizing the designation of a presiding officer for disciplinary hearings; requiring registered pharmacists to be in charge of pharmacies when open for business; authorizing designated nurses to obtain drugs from hospital pharmacies in the absence of pharmacists; concerning prescription for dangerous drugs; and providing other matters properly relating thereto.

 

[Approved May 14, 1977]

 

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

do enact as follows:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 639.220 is hereby amended to read as follows:

      639.220  1.  Except as provided in subsection 2, a registered pharmacist, physically present therein and actively engaged in the operation thereof, shall be in charge of every pharmacy [, or any other store, dispensary, laboratory or office licensed as a pharmacy, except a duly licensed hospital, when it is open for business for:

      (a) The sale, dispensing or compounding of drugs, medicines or chemicals; or

      (b) The dispensing or compounding of prescriptions.] when it is open for business.

      2.  The requirement of subsection 1 shall not prohibit the board from authorizing the absence of the registered pharmacist each day for a total period of not to exceed 2 hours for the purpose of taking meals if:

      (a) Such registered pharmacist is on call during such absence;

      (b) A sign, as prescribed by regulations of the board, is posted for public view in the pharmacy indicating the absence of the pharmacist and the hours of such absence; and

      (c) All drugs, poisons, chemical and restricted devices are kept safe in a manner prescribed by regulations of the board.


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

ê1977 Statutes of Nevada, Page 1281 (Chapter 533, SB 480)ê

 

The authorization required from the board shall be in writing and shall be retained in the pharmacy, available for inspection.

      3.  A person shall not act as a managing pharmacist for more than one licensed pharmacy. Each managing pharmacist shall be on duty in the pharmacy and active in the management of the pharmacy on a full-time basis.

      Sec. 3.  NRS 639.2324 is hereby amended to read as follows:

      639.2324  The operation of a pharmacy in conjunction with a hospital shall meet the following requirements:

      1.  In hospitals with 100 or more beds, the pharmacy shall be under the continuous supervision of a pharmacist during the time it is open for pharmaceutical services.

      2.  In hospitals with less than 100 beds, the services of a pharmacist may be on less than a full-time basis, depending upon the needs of the hospital, and pursuant to the regulations and recommendations of the state board of pharmacy and the board of hospital trustees charged with the administration and control of such hospital.

      3.  In the absence of a pharmacist from the hospital, a [person] nurse designated by the pharmacist may obtain from the pharmacy [the] such necessary [dose of such drugs] quantities of drugs to administer to a patient until the pharmacy reopens as are ordered by a medical practitioner and needed by a patient in an emergency.

      4.  The pharmacist in charge of the pharmacy shall initiate procedures to provide for administration and technical guidance in all matters pertaining to the acquiring, stocking, recordkeeping and dispensing of drugs and devices.

      Sec. 4.  NRS 639.238 is hereby amended to read as follows:

      639.238  1.  Prescriptions filled and on file in a pharmacy are not a public record. No pharmacist shall divulge the contents of any prescription or provide a copy of any prescription, except to:

      (a) The patient for whom the original prescription was issued; or

      (b) The doctor who originally issued the prescription; or

      (c) A doctor who is then treating the patient; or

      (d) A member, inspector or investigator of the board or an inspector of the Food and Drug Administration or an agent of the department of law enforcement assistance; or

      (e) An agency of state government charged with the responsibility of providing medical care for the patient; or

      (f) An insurance carrier, on receipt of written authorization signed by the patient or his legal guardian, authorizing the release of such information; or

      (g) Any person duly authorized by a district court order.

      2.  Any copy of a prescription for a controlled substance as defined in chapter 453 of NRS [,] or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this section to receive such copy, shall contain all of the information appearing on the original prescription and shall be clearly marked on its face, “Copy, Not Refillable-For Reference Purposes Only”; and such copy shall bear the name or initials of the registered pharmacist who prepared the copy.

      3.  If a copy of a prescription for any controlled substance as defined in chapter 453 of NRS or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription shall be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.


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

ê1977 Statutes of Nevada, Page 1282 (Chapter 533, SB 480)ê

 

in chapter 453 of NRS or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription shall be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.

      4.  If, at the express request of a customer, a copy of a prescription for any controlled substance or dangerous drug is furnished to another pharmacist, the original prescription shall be voided and notations shall be made thereon showing the date and the name of the pharmacist to whom the copy was furnished. The pharmacist receiving the copy shall call the prescribing physician for a new prescription.

      Sec. 5.  NRS 639.247 is hereby amended to read as follows:

      639.247  1.  Any hearing held for the purpose of suspending or revoking any certificate, certification, license or permit shall be conducted publicly by the board. The hearing shall be presided over by a member of the board or his designee and three members shall constitute a quorum. Any decision by the board shall require the concurrence of at least three members. The proceedings of all such hearings shall be reported or recorded by an official court reporter or other qualified person.

      2.  The member of the board or his designee presiding at the hearing or the secretary shall have the authority to administer oaths and affirmations. Continuances and adjournments may be ordered, or may be granted, by the member or his designee presiding, for cause shown and by orally notifying those persons present of the time and place at which the hearing will be continued.

      3.  The respondent may appear in person or by legal counsel.

 

________

 

 

CHAPTER 534, SB 503

Senate Bill No. 503–Committee on Government Affairs

CHAPTER 534

AN ACT relating to local government; providing for a vote upon the enlargement of the City of Las Vegas; providing for the election of additional commissioners and the creation of advisory councils; providing for the distribution of certain revenues within certain counties; prohibiting certain taxes; prohibiting certain incorporations and annexations; and providing other matters properly relating thereto.

 

[Approved May 14, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 369.173 is hereby amended to read as follows:

      369.173  The state controller shall distribute, on a monthly basis, five-nineteenths of that portion of the moneys collected during the preceding month under NRS 369.330 which is derived from the tax on liquor containing more than 22 percent of alcohol by volume among Carson City and the counties of this state in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce and shall apportion such moneys within the counties as follows:


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

ê1977 Statutes of Nevada, Page 1283 (Chapter 534, SB 503)ê

 

      1.  If there are no incorporated cities within the county, the entire amount shall go into the county treasury.

      2.  If there is one incorporated city within the county the money shall be apportioned between the city and the county on the basis of the population of such city and the population of such county excluding the population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      3.  [If] Except as otherwise provided in subsection 4, if there are two or more incorporated cities within the county, the entire amount shall be apportioned among such cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      4.  In a county having a population of more than 200,000, 68.5 percent of the money shall be apportioned to the largest city and the remainder among the other cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

In Carson City the entire amount shall go into the city treasury.

      Sec. 2.  NRS 370.260 is hereby amended to read as follows:

      370.260  1.  All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, shall be paid to the department in the form of remittances payable to the department.

      2.  The department shall:

      (a) As compensation to the state for the costs of collecting the taxes and license fees, transmit on a monthly basis such sum as the legislature shall specify from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer, who shall deposit the same to the credit of the department. Such deposited moneys shall be expended by the department in accordance with its work program established pursuant to law.

      (b) Transmit the balance of such payments each month to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund.

      (c) Report to the state controller monthly the amount of collections.

      3.  The money in the cigarette tax fund is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce; the amount in such fund which was collected during the preceding month shall be apportioned and distributed by the state treasurer as follows:

      (a) In counties having a population of 5,000 or more:

             (1) If there are no incorporated cities within the county, the entire amount shall go into the county treasury.

             (2) If there is one incorporated city within the county the money shall be apportioned between the city and the county on the basis of the population of such city and the population of such county excluding the population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.


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

ê1977 Statutes of Nevada, Page 1284 (Chapter 534, SB 503)ê

 

             (3) [If] Except as otherwise provided in subparagraph (4), if there are two or more incorporated cities within the county, the entire amount shall be apportioned among such cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

             (4) In a county having a population of more than 200,000, 68.5 percent of the money shall be apportioned to the largest city and the remainder among the other cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      (b) In counties having a population of less than 5,000:

             (1) If there are no incorporated cities or unincorporated towns within the county, the entire amount shall go into the county treasury.

             (2) If there is one incorporated city or one unincorporated town within the county the money shall be apportioned between the city or town and the county on the basis of the population of such city or town and the population of such county excluding the population of such city or town, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.

             (3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount shall be apportioned among such cities or towns in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.

      (c) In Carson City the entire amount shall go into the city treasury.

      4.  For the purposes of this section, “unincorporated town” means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.

      Sec. 3.  NRS 377.050 is hereby amended to read as follows:

      377.050  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter shall be paid to the department in the form of remittances made payable to the department.

      2.  The department shall transmit the payments to the state treasurer to be deposited in the state treasury to the credit of the city-county relief tax fund hereby created.

      3.  The state controller, acting upon the collection data furnished by the department, shall monthly:

      (a) Transfer from the city-county relief tax fund 1 percent of all fees, taxes, interests and penalties collected in each county during the preceding month to the general fund in the state treasury as compensation to the state for the cost of collecting the tax for the counties.

      (b) Determine for each county an amount of money equal to the sum of:

             (1) Any fees, taxes, interest and penalties collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the general fund of the state pursuant to paragraph (a) of this subsection; and

 


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

ê1977 Statutes of Nevada, Page 1285 (Chapter 534, SB 503)ê

 

transferred to the general fund of the state pursuant to paragraph (a) of this subsection; and

             (2) That proportion of the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.

      (c) Remit the amount determined for each county in the following manner:

             (1) If there is one incorporated city in the county, apportion such moneys between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

             (2) [If] Except as otherwise provided in subparagraph (4), if there are two or more cities in the county, apportion all such moneys among the cities in proportion to their respective populations.

             (3) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.

             (4) In a county having a population of more than 200,000, 68.5 percent of the money shall be apportioned to the largest city and the remainder among the other cities in proportion to their respective populations.

      4.  The provisions of paragraph (c) of subsection 3 do not apply to Carson City, where the treasurer shall deposit the entire amount determined to the city and received from the state controller in the general fund.

      5.  Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  Section 1.045 of the charter of the City of Las Vegas, as added by chapter 39, Statutes of Nevada 1973, at page 55, is hereby amended to read as follows:

 

       Sec. 1.045  Wards: Creation; boundaries.

       1.  The city shall be divided into [four] eight wards, which shall be as nearly equal in population as can conveniently be provided, and the territory comprising each ward shall be contiguous.

       2.  The boundaries of wards shall be established and changed by ordinance. The boundaries of wards shall be changed whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent. The boundaries of wards may be changed to include territory annexed and whenever the population in any ward exceeds the population in any other ward by more than 5 percent by any measure found to be reliable by the board of commissioners.

       3.  In each ward there shall be an advisory council of five members.

 

      Sec. 6.  Section 1.050 of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1064, is hereby amended to read as follows:

 


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

ê1977 Statutes of Nevada, Page 1286 (Chapter 534, SB 503)ê

 

chapter 515, Statutes of Nevada 1971, at page 1064, is hereby amended to read as follows:

 

       Sec. 1.050  Elective offices.

       1.  The elective officers of the city consist of:

       (a) A mayor.

       (b) [Four] Eight commissioners.

       (c) Municipal judges, the number to be determined by the board of commissioners.

       (d) A city attorney.

       2.  Such officers shall be elected as provided by this charter. The term of each elective officer begins on the 1st Monday of July after his election.

 

      Sec. 7.  Section 2.010 of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, as last amended by section 9.4 of chapter 98, Statutes of Nevada 1977, is hereby amended to read as follows:

 

       [Section] Sec. 2.010  Board of commissioners: Qualifications; election; term of office; salary.

       1.  The legislative power of the city is vested in a board of commissioners consisting of [four] eight commissioners and a mayor.

       2.  The mayor and commissioners shall be qualified electors who have resided within the territory established by the boundaries of the city for a period of not less than 30 days immediately prior to the last day for filing an affidavit of candidacy.

       3.  The mayor shall be elected by the registered voters of the city at large. Each commissioner other than the mayor shall be a resident of the ward which he represents for a period of not less than 30 days immediately prior to the last day for filing his affidavit of candidacy and elected by the registered voters of that ward.

       4.  [All] Except as otherwise provided by special law for initial terms, all commissioners, including the mayor, shall serve for terms of 4 years. The mayor or any commissioner shall automatically forfeit the remainder of his term of office and such office shall become vacant if he ceases to be a resident of the territory or ward he represents.

       5.  The mayor and commissioners shall receive a salary in an amount fixed by the board of commissioners.

 

      Sec. 8.  Section 5.010 of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, as last amended by chapter 226, Statutes of Nevada 1975, at page 270, is hereby amended to read as follows:

 

       [Section] Sec. 5.010  Primary municipal elections.

       1.  On the Tuesday after the 1st Monday in May [1975, and at each successive interval of 4 years,] 1979, there shall be held a primary municipal election, at which [time] there shall be nominated candidates for mayor [and two] , the offices of commissioner [.] from wards 1, 3, 5, 6, 7 and 8, and municipal judge, department 1.

       2.  On the Tuesday after the 1st Monday in May [1977,] 1981, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for city attorney, [two] the offices of commissioner from even-numbered wards, and municipal judge, department 2.


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

ê1977 Statutes of Nevada, Page 1287 (Chapter 534, SB 503)ê

 

and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for city attorney, [two] the offices of commissioner from even-numbered wards, and municipal judge, department 2. [On the same date, there shall be nominated candidates for municipal judge, department 1, who shall be elected for two years.]

       3.  On the Tuesday after the 1st Monday in May [1979,] 1983, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for mayor, [two] the offices of commissioner from odd-numbered wards, and municipal judge, department 1.

       4.  The candidates for commissioner to be nominated [as provided in subsections 1 and 2] shall be voted for and nominated separately. [The candidates from wards 1 and 3 shall be nominated as provided in subsection 1 and candidates from wards 2 and 4 nominated as provided in subsection 2.]

       5.  All candidates for municipal offices as provided in subsections 1, 2, 3 and 4 shall file [an affidavit] a declaration or acceptance of candidacy with the city clerk not less than 30 days nor more than 40 days before the primary election. If the last day limited for filing an affidavit of candidacy [shall fall] falls on a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, or the President of the United States, then the period so limited shall expire on the preceding business day at 5 p.m. The filing fee for each office shall be as established by ordinance by the board of commissioners.

       6.  If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he shall be declared elected and no general election need be held for that office.

 

      Sec. 9.  Section 5.020 of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, as amended by chapter 39, Statutes of Nevada 1973, at page 56, is hereby amended to read as follows:

 

       Sec. 5.020  General municipal election.

       1.  A general election shall be held in the city on the 1st Tuesday after the 1st Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time there shall be elected such officers, the offices of which are required next to be filled by election.

       2.  All candidates for elective office, except the office of commissioner, shall be voted upon by the registered voters of the city at large. [The members of the board of commissioners, including the mayor, shall serve for terms of 4 years.]

 

      Sec. 10.  Section 8.010 of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1081, is hereby amended to read as follows:


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

ê1977 Statutes of Nevada, Page 1288 (Chapter 534, SB 503)ê

 

       Sec. 8.010  Municipal taxes.

       1.  [The] Except as limited by subsection 2, the board of commissioners shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax upon the assessed value of all real and personal property within the city, except as provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of state and county taxes. Except as provided in this section, the revenue laws of the state shall, in every respect not inconsistent with the provisions of this charter, be applicable to the levying, assessing and collecting of the municipal taxes. The city treasurer may, however, upon approval of the board of county commissioners of Clark County, collect taxes levied for the redemption of bonds provided for in sections 6.010 and 6.020.

       2.  The board of commissioners shall not fix, impose or collect a license tax on:

       (a) The telephone business, the business of furnishing or supplying heating or illuminating gas, or the supplying of water.

       (b) The business of furnishing or supplying of electric current, at a rate greater than 1 percent of total operating revenues after exclusion of sales to governmental agencies of the United States or this state, to other utilities and to industrial plants.

       3.  In the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county.

       [3.] 4.  All forms and blanks used in levying, assessing and collecting the revenues of the state and counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The board of commissioners shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.

 

      Sec. 11.  1.  In conjunction with the primary election on September 12, 1978, there shall be submitted the question:

 

       Shall the City of Las Vegas be enlarged to include the unincorporated towns of Paradise, Winchester, Sunrise Manor and East Las Vegas, and certain other unincorporated areas of Clark County, with a reorganized municipal government?

 

The territory of the enlarged city is described in section 12 of this act.

      2.  The question shall be submitted to the registered voters of the territory which would constitute the enlarged city, and the votes shall be counted separately for the respective parts of that territory lying inside and outside the actual corporate limits of the city as they exist on the date of the election. The registrar of voters (if that office exists pursuant to Clark County ordinance on and for the necessary time before the date of the election, otherwise the county clerk) shall designate appropriate voting areas within the respective parts of the described territory.


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

ê1977 Statutes of Nevada, Page 1289 (Chapter 534, SB 503)ê

 

Clark County ordinance on and for the necessary time before the date of the election, otherwise the county clerk) shall designate appropriate voting areas within the respective parts of the described territory.

      3.  The city shall be so enlarged only if a majority of the votes cast on the question is affirmative in both parts of the described territory. If a majority of the votes cast on the question is negative in either or both parts of the described territory, the city shall not be so enlarged.

      Sec. 12.  The enlarged City of Las Vegas is bounded and described as follows:

BEGINNING at the Southwest corner of Section 22, T. 21 S., R. 60 E., M.D.M.; thence Northerly along the West line of Sections 22, 15, 10, and 3, T. 21 S., R. 60 E., to the Northwest corner of said Section 3; Thence Westerly along the South line of Section 33, T. 20 S., R. 60 E., to the North-South centerline thereof; Thence Northerly along said North-South centerline to the North Quarter corner thereof; Thence Easterly along the North line of said Section 33 and Section 34, T. 20 S., R. 60 E., to the North Quarter corner of Section 34; Thence Northerly along the North-South centerline of Section 27, T. 20 S., R. 60 E., to the North Quarter corner of said Section 27; Thence Easterly along the North line of said Section 27 to the Southwest corner of Section 23, T. 20 S., R. 60 E.; Thence Northerly along the West line of Sections 23, 14, 11, and 2, T. 20 S., R. 60 E., to the Northwest corner of said Section 2; Thence Westerly along the South line of Sec. 34, T. 19 S., R. 60 E., to the South Quarter corner thereof; Thence Northerly along the North-South centerline of Sec. 34, to the Center Quarter corner thereof; Thence Westerly along the East-West centerline of Secs. 34 and 33 to the East line of the NW1/4, SE1/4, Sec. 33; Thence Southerly along the East line of said NW1/4, SE1/4, to the Southeast corner thereof; Thence Westerly along the South line of the N1/2, S1/2 of Sec. 33 to the Southwest corner thereof; Thence Northerly along the West line of Secs. 33 and 28 to the Southwest corner of N1/2, SW1/4, of said Sec. 28; Thence Easterly along the South line of said N1/2, SW1/4, to the Southeast corner thereof; Thence Northerly along the North-South centerline of Sec. 28 to the Center Quarter corner thereof; Thence Westerly on the East-West centerline of Sec. 28 to the West Quarter corner thereof; Thence Northerly along the West line of Secs. 28 and 21 to the West Quarter corner of Sec. 21; Thence Westerly along the East-West centerline of Sec. 20 to the Center Quarter corner thereof; Thence Northerly along the North-South centerline of said Sec. 20 to the North Quarter corner thereof; Thence Westerly along the North line of said Sec. 20 to the Northwest corner thereof; Thence Northerly along the West line of Sec. 17 to the Northwest corner of said Sec. 17; Thence Westerly along the South line of Sec. 7 to the Southwest corner of said Sec. 7; Thence Northerly along the West line of Secs. 7 and 6 to the Northwest corner of said Sec. 6; Thence Easterly along the North line of Secs. 6 and 5 to the North Quarter corner of said Sec. 5; Thence Southerly along the North-South centerline of Sec. 5, to the Southwest corner of the NW1/4, NE1/4, of said Sec. 5; Thence Easterly along the South line of said NW1/4, NE1/4 of Sec. 5, to the Southeast corner thereof; Thence Northerly along the East line of said NW1/4, NE1/4 of Sec. 5, to the Northeast corner thereof; Thence Easterly along the North line of Secs. 5, 4, 3, 2, and 1 to the Northeast corner of said Sec.


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ê1977 Statutes of Nevada, Page 1290 (Chapter 534, SB 503)ê

 

Northeast corner of said Sec. 1; Thence Southerly along the East line of Sections 1, 12, 13, 24, 25 and 36 to the Southeast corner of said Sec. 36, T. 19 S., R. 60 E.; Thence Southerly along the East line of Sections 1 and 12, T. 20 S., R. 60 E., to the Southeast corner of said Section 12; Thence Westerly along the South line of said Section 12 to its intersection with the Easterly right of way line of Rancho Drive (U.S. Hwy. No. 95); Thence Southeasterly along said Easterly right of way line of said Rancho Drive to the East-West centerline of Section 19, T. 20 S., R. 61 E.; Thence Easterly along the East-West centerline of Sections 19, 20 and 21, T. 20 S., R. 61 E., to the Southwest corner of the East half (E1/2), Northwest Quarter (NW1/4) of said Section 21; Thence Northerly along the West line of said East half (E1/2), Northwest Quarter (NW1/4) of Section 21 to the Northwest corner thereof; Thence Easterly along the North line of said Section 21 to the Northeast corner thereof; Thence Southerly along the East line of said Section 21 to the East Quarter corner thereof; Thence Easterly along the East-West centerline of Section 22, T. 20 S., R. 61 E., to the Center Quarter corner of said Section 22; Thence Southerly along the North-South centerline of said Section 22 to the South Quarter corner thereof; Thence Easterly along the North line of Sections 27 and 26, T. 20 S., R. 61 E., to the North Quarter corner of said Section 26; Thence Southerly along the North-South centerline of said Section 26 to the Southwest corner of the Northwest Quarter (NW1/4), Northeast Quarter (NE1/4) of said Section 26; Thence Easterly along the South line of said Northwest Quarter (NW1/4), Northeast Quarter (NE1/4) of Section 26 to the Southeast corner thereof; Thence Northerly along the East line of said Northwest Quarter (NW1/4), Northeast Quarter (NE1/4) of Section 26 to the Northeast corner thereof; Thence Easterly along the North line of Sections 26 and 25, T. 20 S., R. 61 E., to the Northeast corner of said Section 25; Thence Northerly along the West line of Sections 19, 18, 7, and 6, T. 20 S., R. 62 E., to the West Quarter corner of said Section 6; Thence Easterly along the East-West centerline of said Section 6 to the East Quarter corner thereof; Thence Northerly along the East line of said Section 6 to the Northeast corner thereof; Thence Easterly along the South line of Section 32, T. 19 S., R. 62 E., to the Southwest corner of the East half (E1/2), East half (E1/2), West half (W1/2) of said Section 32; Thence Northerly along the West line of said East half (E1/2), East half (E1/2), West half (W1/2) of Section 32 to the Northwest corner thereof; Thence Easterly along the North line of said Section 32 to the North Quarter corner thereof; Thence Northerly along the North-South centerline of Section 29, T. 19 S., R. 62 E., to the Northwest corner of the South half (S1/2), South half (S1/2), Southeast Quarter (SE1/4) of said Section 29; Thence Easterly along the North line of the South half (S1/2), South half (S1/2), Southeast Quarter (SE1/4) of said Section 29 to the Northwest corner of the Southeast Quarter (SE1/4), Southeast Quarter (SE1/4), Southeast Quarter (SE1/4) of said Section 29; Thence Northerly along the West line of the Northeast Quarter (NE1/4), Southeast Quarter (SE1/4), Southeast Quarter (SE1/4) of said Section 29 to the Northwest corner of the South half (S1/2), South half (S1/2), Northeast Quarter (NE1/4), Southeast Quarter (SE1/4), Southeast Quarter (SE1/4) of said Section 29; Thence Easterly along the North line of the South Half (S1/2), South Half (S1/2), Northeast Quarter (NE1/4), Southeast Quarter (SE1/4), Southeast Quarter (SE1/4) of said Section 29 to a point on the East line of said Section 29; Thence Easterly along the North line of the South Half (S1/2), South Half (S1/2), Northwest Quarter (NW1/4), Southwest Quarter (SW1/4), Southwest Quarter (SW1/4) of Section 28, T.


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ê1977 Statutes of Nevada, Page 1291 (Chapter 534, SB 503)ê

 

North line of the South Half (S1/2), South Half (S1/2), Northeast Quarter (NE1/4), Southeast Quarter (SE1/4), Southeast Quarter (SE1/4) of said Section 29 to a point on the East line of said Section 29; Thence Easterly along the North line of the South Half (S1/2), South Half (S1/2), Northwest Quarter (NW1/4), Southwest Quarter (SW1/4), Southwest Quarter (SW1/4) of Section 28, T. 19 S., R. 62 E., to the Northeast corner thereof; Thence Southerly along the East line of said South half (S1/2), South half (S1/2), Northwest Quarter (NW1/4), Southwest Quarter (SW1/4), Southwest Quarter (SW1/4) of Section 28 to the Southeast corner thereof; Thence Easterly along the North line of the South half (S1/2), South half (S1/2), Southwest Quarter (SW1/4) of said Section 28 to the North-South centerline of said Section 28; Thence Southerly along the said North-South centerline of Section 28 to the South Quarter corner thereof; Thence Easterly along the South line of said Section 28 to the Northeast corner of the West half (W1/2), Northwest Quarter (NW1/4), Northeast Quarter (NE1/4) of Section 33, T. 19 S., R. 62 E.; Thence Southerly along the East line of said West half (W1/2), Northwest Quarter (NW1/4), Northeast Quarter (NE1/4) of Section 33 to the Southeast corner thereof; Thence Easterly along the North line of the Southwest Quarter (SW1/4), Northeast Quarter (NE1/4) of said Section 33 to the Northeast corner of the West half (W1/2), East Half (E1/2), Southwest Quarter (SW1/4), Northeast Quarter (NE1/4) of said Section 33; Thence Southerly along the East line of said West half (W1/2), East half (E1/2), Southwest Quarter (SW1/4), Northeast Quarter (NE1/4) of Section 33 to the Southeast corner thereof; Thence Easterly along the North line of the West Half (W1/2), Southeast Quarter (SE1/4) of said Section 33 to the Northeast corner thereof; Thence Southerly along the East line of said West Half (W1/2), Southeast Quarter (SE1/4) of Section 33 to the intersection with the Centerline of Range Road; Thence Southeasterly along said centerline of Range Road to the intersection with the South line of said Section 33; Thence Easterly along the South line of Sections 33 and 34, T. 19 S., R. 62 E., to the intersection with the Northerly right of way line of Las Vegas Boulevard; Thence Northeasterly along the Northerly right of way line of Las Vegas Boulevard to the intersection with the East-West centerline of said Section 34; Thence Easterly along the East-West centerline of Sections 34 and 35, T. 19 S., R. 62 E., to the Center Quarter corner of said Section 35; Thence Southerly along the North-South centerline of said Section 35 to the South Quarter corner thereof; Thence Easterly along the South line of said Section 35 to the Northeast corner of the West half (W1/2), East half (E1/2) of Section 2, T. 20 S., R. 62 E.; Thence Southerly along the East line of said West half (W1/2), East half (E1/2) of Section 2 to the Southeast corner thereof; Thence Westerly along the South line of said Section 2 to the Northeast corner of the West half (W1/2), Northwest Quarter (NW1/4) of Section 11, T. 20 S., R. 62 E.; Thence Southerly along the East line of said West half (W1/2), Northwest Quarter (NW1/4) of Section 11 to the Southeast corner thereof; Thence Westerly along the East-West centerline of said Section 11 to the West Quarter corner thereof; Thence Southerly along the East line of Sections 10, 15, 22, T. 20 S., R. 62 E., to the Southeast corner of said Section 22; Thence Easterly along the North line of Section 26, T. 20 S.,


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ê1977 Statutes of Nevada, Page 1292 (Chapter 534, SB 503)ê

 

R. 62 E., to the Northeast corner thereof; Thence Southerly along the East line of Sections 26 and 35, T. 20 S., R. 62 E., to the Southeast corner of said Section 35; Thence Westerly along the South line of Sections 35, 34, and 33, T. 20 S., R. 62 E., to the North Quarter corner of Section 4, T. 21 S., R. 62 E.; Thence Southerly along the North-South centerline of said Section 4 to the Center Quarter corner of said Section 4; Thence Easterly along the East-West centerline of said Section 4 to the East Quarter corner thereof; Thence Southerly along the East line of Sections 4 and 9, T. 21 S., R. 62 E., to the East Quarter corner of said Section 9; Thence Westerly along the East-West centerline of said Section 9 to the West Quarter corner thereof; Thence Southerly along the West line of Sections 9 and 16, T. 21 S., R. 62 E., to the West Quarter corner of said Section 16; Thence Easterly along the East-West centerline of said Section 16 to the Center Quarter corner thereof; Thence Southerly along the North-South centerline of said Section 16 to the South Quarter corner thereof; Thence Easterly along the South line of said Section 16 to the Northwest corner of the East half (E1/2), Northeast Quarter (NE1/4) of Section 21, T. 21 S., R. 62 E.; Thence Southerly along the West line of said East half (E1/2), Northeast Quarter (NE1/4) of Section 21 to the Southwest corner thereof; Thence Easterly along the East-West centerline of Sections 21 and 22, T. 21 S., R. 62 E., to the Center Quarter corner of said Section 22; Thence Southerly along the North-South centerline of Sections 22 and 27, T. 21 S., R. 62 E., to the Northerly right of way line of U.S. Highway Nos. 93, 95 and 466; Thence Southeasterly along said Northerly Highway right of way line to the intersection with the South line of said Section 27; Thence Westerly along the South line of Sections 27 and 28, T. 21 S., R. 62 E., to the South Quarter corner of said Section 28; Thence Southerly along the North-South centerline of Section 33, T. 21 S., R. 62 E., to the South Quarter corner thereof; Thence Westerly along the South line of said Section 33 to the Southwest corner thereof; Thence Northerly along the West line of said Section 33 to the Southeast corner of the North half (N1/2), South half (S1/2) of Section 32, T. 21 S., R. 62 E.; Thence Westerly along the South line of the North half (N1/2), South half (S1/2) of said Section 32 to the Southwest corner thereof; Thence Southerly along the West line of said Section 32 to the Southwest corner thereof; Thence Westerly along the North line of Section 6, T. 22 S., R. 62 E., to the Northeast corner of the Northwest Quarter (NW1/4), Northeast Quarter (NE1/4) of said Section 6; Thence Southerly along the East line of said Northwest Quarter (NW1/4), Northeast Quarter (NE1/4) of Section 6 to the Southeast corner thereof; Thence Westerly along the South line of said Northwest Quarter (NW1/4), Northeast Quarter (NE1/4) of Section 6 to the Southwest corner thereof; Thence Southerly along the North-South centerline of said Section 6 to the Center Quarter corner thereof; Thence Westerly along the East-West centerline of said Section 6 to the Northeast corner of the Northwest Quarter (NW1/4), Southwest Quarter (SW1/4) of said Section 6; Thence Southerly along the East line of said Northwest Quarter (NW1/4), Southwest Quarter (SW1/4) of Section 6 to the Southeast corner thereof; Thence Westerly along the South line of said Northwest Quarter (NW1/4), Southwest Quarter (SW1/4) of Section 6 to the Southwest corner thereof;


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ê1977 Statutes of Nevada, Page 1293 (Chapter 534, SB 503)ê

 

Thence Southerly along the West line of Sections 6 and 7, T. 22 S., R. 62 E., to the West Quarter corner of said Section 7; Thence Westerly along the East-West centerline of Section 12, T. 22 S., R. 61 E., to the West Quarter corner thereof; Thence Southerly along the East line of Section 11, T. 22 S., R. 61 E., to the Southeast corner thereof; Thence Westerly along the South line of said Section 11 to the Southwest corner thereof; Thence Northerly along the West line of said Section 11 to the Northwest corner thereof; Thence Westerly along the South line of Section 3, T. 22 S., R. 61 E., to the Southwest corner thereof; Thence Northerly along the West line of said Section 3 to the Northwest corner thereof; Thence Westerly along the South line of Sections 33, 32, and 31, T. 21 S., R. 61 E., to the Southwest corner of said Section 31; Thence Northerly along the West line of Sections 31 and 30, T. 21 S., R. 61 E., to the West Quarter corner of said Section 30; Thence Westerly along the East-West centerline of Sections 25, 26, 27, and 28, T. 21 S., R. 60 E., to the Center Quarter corner of said Section 28; Thence Northerly along the North-South centerline of said Section 28 to the North Quarter corner thereof; Thence Easterly along the North line of said Section 28 to the Southwest corner of Section 22, T. 21 S., R. 60 E., the POINT OF BEGINNING.

EXCEPTING from the above described portion of Township 19, South, Range 60 East, M.D.M., the following parcels of land: PARCEL “A”. BEGINNING at the East Quarter corner of Sec. 5, T. 19 S., R. 60 E., M.D.M.; Thence Southerly along the East line of said Sec. 5 to the Southeast corner thereof; Thence Easterly along the North line of Sec. 9 to the West line of the East 75 feet of the NW1/4 of said Sec. 9; Thence Southerly along the West line of said East 75 feet to the South line of the N1/2, NW1/4 of said Sec. 9; Thence Westerly along the South line of said N1/2, NW1/4 to the West line of said Sec. 9; Thence Southerly along said West line of Sec. 9 to the North line of the S1/2, S1/2, of said Sec. 9; Thence Easterly along the North line of said S1/2, S1/2 to the West line of the E1/2, E1/2, of said Sec. 9; Thence Northerly along the West line of said E1/2, E1/2 to the North line of said Sec. 9; Thence Easterly along the North line of Secs. 9, 10 & 11 to the West line of the E1/2, NE1/4, NE1/4 of said Sec. 11; Thence Southerly along the West line of said E1/2, NE1/4, NE1/4 to the Southwest corner thereof; Thence Easterly along the South line of said E1/2, NE1/4, NE1/4 to the West line of Sec. 12; Thence Northerly along the West line of said Sec. 12 to the Northwest corner thereof; Thence Easterly along the North line of said Sec. 12 to the East line of the W1/2, NW1/4 of said Sec. 12; Thence Southerly along the East line of said W1/2, NW1/4, to the Southeast corner thereof; Thence Westerly along the East-West centerline of Sec. 12 and 11 to the Center Quarter corner of said Sec. 11; Thence Southerly along the North-South centerline of said Sec. 11 to the North line of the S1/2, SE1/4 of said Sec. 11; Thence Easterly along the North line of said S1/2, SE1/4, to the West line of the E1/2, E1/2 of said Sec. 11; Thence Southerly along the West line of the E1/2, E1/2 of Secs. 11 and 14 to the North line of the SE1/4, SE1/4 of said Sec. 14; Thence Easterly along the North line of said SE1/4, SE1/4 to the East line of said Sec. 14; Thence Southerly along the East line of Secs. 14 and 23 to the Southeast corner of said Sec. 23; Thence Westerly along the South line of said Sec. 23 to the South Quarter corner thereof;


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ê1977 Statutes of Nevada, Page 1294 (Chapter 534, SB 503)ê

 

Thence Southerly along the North-South centerline of Sec. 26 to the South line of the N1/2, NE1/4, NW1/4 of said Sec. 26; Thence Westerly along the South line of said N1/2, NE1/4, NW1/4 to the West line of said NE1/4, NW1/4 of Sec. 26; Thence Southerly along the West line of said NE1/4, NW1/4 to the North line of the SW1/4, NW1/4 of Sec. 26; Thence Westerly along the North line of said SW1/4, NW1/4 to the West line of the E1/2 of said SW1/4, NW1/4 of Sec. 26; Thence Southerly along the West line of said E1/2, SW1/4, NW1/4 to the East-West centerline of said Sec. 26; Thence Easterly along said East-West centerline to the West line of the E1/2, SW1/4 of said Sec. 26; Thence Southerly along the West line of said E1/2, SW1/4 to the South line of said Sec. 26; Thence Westerly along the South line of Secs. 26 and 27 to the East line of the W1/2, NE1/4 of Sec. 34; Thence Southerly along the East line of said W1/2, NE1/4 to the intersection with the centerline of U.S. Highway 95; Thence Northwesterly along said centerline of U.S. Highway 95 to the intersection with the North-South centerline of said Sec. 34; Thence Northerly along the North-South centerline of Secs. 34 and 27 to the North line of the S1/2, SW1/4 of said Sec. 27; Thence Westerly along the North line of said S1/2, SW1/4 to the West line of said Sec. 27; Thence Northerly along the West line of said Sec. 27 to the West Quarter corner thereof; Thence Westerly along the East-West centerline of Sec. 28 to the East line of the W1/2, NE1/4 of said Sec. 28; Thence Northerly along the East line of said W1/2, NE1/4 to the North line of said Sec. 28; Thence Westerly along the North line of said sec. 28 to the East line of the W1/2, W1/2 of Sec. 21; Thence Northerly along the East line of said W1/2, W1/2 to the North line of said Sec. 21; Thence Easterly along said North line of Sec. 21 to the North Quarter corner thereof; Thence Northerly along the North-South centerline of Sec. 16 to the Center Quarter corner of said Sec. 16; Thence Westerly along the East-West centerline of said Sec. 16 to the West Quarter corner of said Sec. 16; Thence Northerly along the West line of Sec. 16 to the Northwest corner thereof; Thence Westerly along the South line of Sec. 8 to the South Quarter corner of said Sec. 8; Thence Northerly along the North-South centerline of said Sec. 8 to the North line of said Sec. 8; Thence Westerly along said North line of Sec. 8 to the Northwest corner of said Sec. 8; Thence Northerly along the West line of Sec. 5 to the West Quarter corner of said Sec. 5; Thence Easterly along the East-West centerline of said Sec. 5 to the East Quarter corner of said Sec. 5, the POINT OF BEGINNING.

PARCEL “B”. The NW1/4, SW1/4, of Sec. 3, T. 19 S., R. 60 E., M.D.M. PARCEL “C”. The W1/2, SE1/4, NE1/4, NW1/4, of Sec. 6, T. 19 S., R. 60 E., M.D.M. PARCEL “D”. The E1/2, E1/2, NW1/4, SW1/4, of Sec. 6, T. 19 S., R. 60 E., M.D.M. PARCEL “E”. The W1/2, SE1/4, SW1/4, of Sec. 6, T. 19 S., R. 60 E., M.D.M. PARCEL “F”. The S1/2, NW1/4, NW1/4, SW1/4, of Section 16, T. 19 S., R. 60 E., M.D.M. PARCEL “G”. The NW1/4, SW1/4, SW1/4, of Section 16, T. 19 S., R. 60 E., M.D.M. PARCEL “H”. The SE1/4, SE1/4, of Section 17, T. 19 S., R. 60 E., M.D.M. PARCEL “I”. BEGINNING at the Southeast corner of Sec. 26, T. 19 S., R. 60 E., M.D.M.; Thence Westerly along the South line of said Sec. 26 to the South Quarter corner thereof; Thence Northerly along the North-South centerline of said Sec. 26 to the Center Quarter corner thereof; Thence Easterly along the East-West centerline of said Sec.


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ê1977 Statutes of Nevada, Page 1295 (Chapter 534, SB 503)ê

 

thereof; Thence Easterly along the East-West centerline of said Sec. 26 to the East Quarter corner thereof; Thence Northerly along the West line of Sec. 25, to the Northwest corner of the S1/2 of the NW1/4 of said Sec. 25; Thence Easterly along the North line of said S1/2, NW1/4 to the Northeast corner thereof; Thence Southerly along the North-South centerline of said Sec. 25 to the Northwest corner of the SW1/4, SE1/4 of said Sec. 25; Thence Easterly along the North line of said SW1/4, SE1/4, to the Northeast corner thereof; Thence Southerly along the East line of said SW1/4, SE1/4 to the South line of said Sec. 25; Thence Westerly along said South line of Sec. 25 to the Southeast corner of Sec. 26, T. 19 S., R. 60 E., the POINT OF BEGINNING. PARCEL “J”. The NE1/4, SE1/4, of Sec. 35, T. 19 S., R. 60 E., M.D.B. & M.

      Sec. 13.  Members of the board of commissioners to represent wards 6 and 8 shall be elected for initial terms of 2 years.

      Sec. 14.  The city shall assume any outstanding indebtedness incurred on account of any real or personal property which is transferred by Clark County to the City of Las Vegas to enable the city to furnish appropriate services to the area added to the city pursuant to this act. This section does not impair or affect the rights of any owner or holder of any bond, note or other evidence of indebtedness issued on account of any property transferred.

      Sec. 15.  1.  A person who was an employee of the county on June 1, 1977, and who is performing a service or function transferred to the city as the result of an enlargement of the city pursuant to this act may transfer his employment to the city. The employee shall retain a rank and grade equivalent to the rank and grade held before the merger.

      2.  An employee shall not suffer any loss in pay by reason of the enlargement, but the fringe benefits or other job benefits shall be the same as those prevailing in the city until negotiated differently.

      3.  Sick leave, longevity, seniority and vacation time accrued to an employee in the service of the county shall be credited to him as an employee of the city. All rights and accruals of the employee as a member of the public employees’ retirement system, pursuant to the Public Employees’ Retirement Act, shall remain in force and shall be automatically transferred from the county to the city.

      4.  The duties and responsibilities of an employee shall not be diminished by reason of the enlargement, but his area or division of assignment may be changed at the discretion of the chief administrative officer of the city or his designated administrative representative.

      5.  If the city has a civil service system at the time of the enlargement, as employee of the county, except a person who holds an appointed position or a temporary appointment, shall automatically become a member of the civil service system and be subject to its regulations and entitled to its benefits.

      6.  A person who was an employee of the city on the date of passage of this act shall not be dismissed or reduced in rank or grade by reason of an enlargement of the city pursuant to this act.

      Sec. 16.  The City of North Las Vegas shall continue to provide water service in its present service area outside its city limits, without impairment of such service or the related investment by any provision of this act, unless it elects to negotiate a sale of that portion of its water system which is outside its city limits to the Las Vegas Valley Water District at a price and upon terms mutually agreed.


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ê1977 Statutes of Nevada, Page 1296 (Chapter 534, SB 503)ê

 

unless it elects to negotiate a sale of that portion of its water system which is outside its city limits to the Las Vegas Valley Water District at a price and upon terms mutually agreed. So long as reasonable service at a rate and schedule of connection charges uniform with the rate and schedule of connection charges which apply within the city is provided by the City of North Las Vegas, no other city, nor any water district or Clark County, may provide additional water service in the same area.

      Sec. 17.  Until the board of commissioners of the City of Las Vegas adopts zoning regulations which apply to the territory added to the city pursuant to this act, the zoning regulations of Clark County apply to that territory and shall be enforced by the city in the same manner that city zoning ordinances are enforced.

      Sec. 18.  Except as expressly permitted by this section, no new city may be incorporated, or territory annexed to an existing city, in any county whose population is 200,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce. Contiguous territory may be annexed to an existing city upon petition of all of the property owners in that territory.

      Sec. 18.5.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 19.  1.  This section and section 18 of this act shall become effective upon passage and approval.

      2.  If the requirements for the enlargement of the city are met, sections 5 to 9, inclusive, 12 and 13 of this act shall become effective on January 1, 1979, for the creation of new wards and the nomination and election of members of the board of city commissioners, and on July 1, 1979, for all other purposes.

      3.  If the requirements for the enlargement of the city are met, sections 1 to 4, inclusive, 10, 14, 15, 16 and 17 of this act shall become effective on July 1, 1979.

 

________

 


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ê1977 Statutes of Nevada, Page 1297ê

 

CHAPTER 535, SB 196

Senate Bill No. 196–Senators Gibson, Lamb, Wilson, Echols, Hilbrecht, Glaser and Young

CHAPTER 535

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 state general fund and the state highway fund; and providing other matters properly relating thereto.

 

[Approved May 14, 1977]

 

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 5.5-percent salary increase effective January 1, 1977, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1977, and ending June 30, 1977, the sum of $1,052,563, and for the fiscal periods beginning July 1, 1977, and ending June 30, 1978, and beginning July 1, 1978, and ending June 30, 1979, the sums of $2,207,469 and $2,264,859, respectively, for the purpose of meeting any deficiencies which may be created between appropriated money of the respective departments, commissions and agencies of the State of Nevada as fixed by the 58th 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, 1977.

      2.  There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1977, and ending June 30, 1977, the sum of $69,453 to provide for correctional officers in the classified service, a special salary adjustment of approximately 5 percent which shall be effective January 1, 1977, and which shall be in addition to all other salary adjustments authorized under this act. The special salary adjustment shall become a part of the adjusted pay plan for purposes of subsection 4.

      3.  There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1978, and ending June 30, 1978, the sum of $1,025,930, and for the fiscal period beginning July 1, 1978, and ending June 30, 1979, the sum of $1,954,989 to provide a maximum 4.5-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, 1978, and to be effective through June 30, 1979. The percentage increase shall 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 1976 through September 1977, not to exceed 4.5 percent.

      4.  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 money appropriated by this section, such sums of money as may from time to time be required, which when added to the money 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, 1977.


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

ê1977 Statutes of Nevada, Page 1298 (Chapter 535, SB 196)ê

 

which when added to the money 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, 1977.

      Sec. 2.  1.  To effect an approximate 5.5-percent salary increase effective January 1, 1977, there is hereby appropriated from the state highway fund to the state board of examiners for the fiscal period beginning January 1, 1977, and ending June 30, 1977, the sum of $169,049, and for the fiscal periods beginning July 1, 1977, and ending June 30, 1978, and beginning July 1, 1978, and ending June 30, 1979, the sums of $341,857 and $344,807, respectively, for the purpose of meeting any deficiencies which may exist between the appropriated money of the department of motor vehicles and of the public service commission of Nevada as fixed by the 58th 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, 1977.

      2.  There is hereby appropriated from the state highway fund to the state board of examiners for the fiscal period beginning January 1, 1978, and ending June 30, 1978, the sum of $158,542, and for the fiscal period beginning July 1, 1978, and ending June 30, 1979, the sum of $297,504 to provide a maximum 4.5-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, 1978, and to be effective through June 30, 1979. The percentage increase shall 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 1976 through September 1977, not to exceed 4.5 percent.

      3.  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 money appropriated by this section such sums of money as may from time to time be required, which when added to the money 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. 3.  1.  To effect an approximate 5.5-percent salary increase effective January 1, 1977, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1977, and ending June 30, 1977, the sum of $310,948, and for the fiscal periods beginning July 1, 1977, and ending June 30, 1978, and beginning July 1, 1978, and ending June 30, 1979, the sums of $654,192 and $678,347, respectively, for the purpose of meeting any deficiencies which may be created between appropriated money of the University of Nevada System, as fixed by the 58th 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, 1977.


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

ê1977 Statutes of Nevada, Page 1299 (Chapter 535, SB 196)ê

 

of Nevada System, necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective January 1, 1977.

      2.  There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1978, and ending June 30, 1978, the sum of $282,308, and for the fiscal period beginning July 1, 1978, and ending June 30, 1979, the sum of $585,467 to provide a maximum 4.5-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, 1978, and to be effective through June 30, 1979. The percentage increase shall 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 1976 through September 1977, not to exceed 4.5 percent.

      3.  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 University of Nevada System, out of the money appropriated by this section, the sums of money as may from time to time be required, which when added to the money 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, 1977.

      Sec. 4.  1.  To provide an additional salary adjustment for those classified employees whose salaries are increased pursuant to subsection 3 of section 1 of this act, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1978, and ending June 30, 1978, the sum of $113,992, and for the fiscal period beginning July 1, 1978, and ending June 30, 1979, the sum of $217,221.

      2.  To provide an additional salary adjustment for those classified employees whose salaries are increased pursuant to subsection 2 of section 2 of this act, there is hereby appropriated from the state highway fund to the state board of examiners for the fiscal period beginning January 1, 1978, and ending June 30, 1978, the sum of $17,616, and for the fiscal period beginning July 1, 1978, and ending June 30, 1979, the sum of $33,056.

      3.  To provide an additional salary adjustment for those classified employees whose salaries are increased pursuant to subsection 2 of section 3 of this act, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1978, and ending June 30, 1978, the sum of $31,368, and for the fiscal period beginning July 1, 1978, and ending June 30, 1979, the sum of $65,052.

      4.  The state board of examiners may allocate money from the respective appropriations made by this section only if and to the extent that the conditions prescribed in section 5 of this act are satisfied.

      Sec. 5.  1.  For the purposes of this section:


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

ê1977 Statutes of Nevada, Page 1300 (Chapter 535, SB 196)ê

 

      (a) The National Consumer Price Index is the price index prepared by the Bureau of Labor Statistics of the United States Department of Labor and the percentage of its increase is measured for the months of October 1976 through September 1977.

      (b) The relevant taxes are:

             (1) The tax accrued pursuant to the Sales and Use Tax Act. The dollar amount of the increase in its yield is determined by subtracting from the total accruals for the two calendar quarters beginning July 1, 1977, and ending December 31, 1977, an amount equal to 113 percent of the total accruals for the two calendar quarters beginning July 1, 1976, and ending December 31, 1976.

             (2) The quarterly state license fees based upon gross revenue from gaming, collected pursuant to NRS 463.370. The dollar amount of the increase in its yield is determined by subtracting from total collections for the two calendar quarters beginning July 1, 1977, and ending December 31, 1977, an amount equal to 113 percent of the total collections for the two calendar quarters beginning July 1, 1976, and ending December 31, 1976.

      2.  If the net increase in the combined yield of the two relevant taxes is at least $213,816, and the increase in the National Consumer Price Index is 5 percent or more, the entire amount of each appropriation made in section 4 of this act may be allocated for the appropriate fiscal period to provide an approximate 1/2 percent salary adjustment.

      3.  Before making any allocation from any of the appropriations made by section 4 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 to determine whether the conditions of subsection 2 have been met, and shall make appropriate allocations accordingly.

      Sec. 6.  1.  To provide an additional salary adjustment for those classified employees whose salaries are increased pursuant to subsection 3 of section 1 of this act, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1978, and ending June 30, 1978, the sum of $227,984, and for the fiscal period beginning July 1, 1978, and ending June 30, 1979, the sum of $434,442.

      2.  To provide an additional salary adjustment for those classified employees whose salaries are increased pursuant to subsection 2 of section 2 of this act, there is hereby appropriated from the state highway fund to the state board of examiners for the fiscal period beginning January 1, 1978, and ending June 30, 1978, the sum of $35,232, and for the fiscal period beginning July 1, 1978, and ending June 30, 1979, the sum of $66,112.

      3.  To provide an additional salary adjustment for those classified employees whose salaries are increased pursuant to subsection 2 of section 3 of this act, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1978, and ending June 30, 1978, the sum of $62,736, and for the fiscal period beginning July 1, 1978, and ending June 30, 1979, the sum of $130,104.


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

ê1977 Statutes of Nevada, Page 1301 (Chapter 535, SB 196)ê

 

      4.  The state board of examiners may allocate money 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 the price index prepared by the Bureau of Labor Statistics of the United States Department of Labor and the percentage of its increase is measured for the months of October 1976 through September 1977.

      (b) The relevant taxes are:

             (1) The tax accrued pursuant to the Sales and Use Tax Act. The dollar amount of the increase in its yield is determined by subtracting from the total accruals for the two calendar quarters beginning July 1, 1977, and ending December 31, 1977, an amount equal to 113.5 percent of the total accruals for the two calendar quarters beginning July 1, 1976, and ending December 31, 1976.

             (2) The quarterly state license fees based upon gross revenue from gaming, collected pursuant to NRS 463.370. The dollar amount of the increase in its yield is determined by subtracting from total collections for the two calendar quarters beginning July 1, 1977, and ending December 31, 1977, an amount equal to 113.5 percent of the total collections for the two calendar quarters beginning July 1, 1976, and ending December 31, 1976.

      2.  If the net increase in the combined yield of the two relevant taxes is at least $427,632 and the increase in the National Consumer Price Index is 5.5 percent or more, the entire amount of each appropriation made in section 6 of this act may be allocated for the appropriate fiscal period to provide an approximate 1 percent salary adjustment.

      3.  Before making any allocation 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 to determine whether the conditions of subsection 2 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, 1977.

 

________

 


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

ê1977 Statutes of Nevada, Page 1302ê

 

CHAPTER 536, SB 233

Senate Bill No. 233–Committee on Finance

CHAPTER 536

AN ACT revising the annual salaries of state officers and employees in the unclassified service, attorney general’s office and supreme court; making appropriations for such salary increases from the state general fund and the state highway fund; and providing other matters properly relating thereto.

 

[Approved May 14, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 284.182 is hereby amended to read as follows:

      284.182  The following state officers and employees in the unclassified service of the State of Nevada shall receive annual salaries not to exceed the approximate maximum amounts set forth following their unclassified grade and specified titles:

 

                Unclassified                                                                                   Approximate

              Grade and Title                                                                                  Annual Salary

1.  [U-55

       Medical director, Nevada mental health institute...... $37,000

2.] U-53

       Administrator, mental hygiene division.................... [$34,425]...................................................................................... $36,600

[3.] 2.  U-50

       State highway engineer................................................ [$32,231]...................................................................................... $35,364

       [Medical director, Las Vegas mental health center.... 33,042]

[4.] 3.  U-49

       Director, department of human resources................ [$28,550]...................................................................................... $31,325

       Director, department of conservation and natural resources...................................................................................... [27,361]......................................................................................... 30,020

       Director, department of administration....................... [29,383]......................................................................................... 32,239

       Commissioner, employee-management relations board [22,000]......................................................................................... 24,138

       Hearing officer, Nevada industrial commission....................... ......................................................................................... 30,000

       Executive assistant, governor’s office [(two positions) each....................................................................................... 25,849]......................................................................................... 28,900

       Executive assistant, governor’s office........................................ ......................................................................................... 28,362

[5.] 4.  U-48

       Administrator, division of Colorado River resources [$24,725]...................................................................................... $27,128

       Chairman, gaming control board................................. [26,450]......................................................................................... 30,396

       Director, department of commerce.............................. [26,450]......................................................................................... 29,021

       Superintendent of public instruction............................ [27,720]......................................................................................... 30,415

[6.] 5.  U-47

       Director, department of general services................... [$25,754]...................................................................................... $28,257

       Executive director, department of agriculture............ [25,875]......................................................................................... 28,390

       Business manager, highway department.................... [26,424]......................................................................................... 28,992

       Deputy highway engineer (two positions) each.......... [28,695]......................................................................................... 31,484

       Warden, state prison....................................................... [26,000]......................................................................................... 28,527

 


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

ê1977 Statutes of Nevada, Page 1303 (Chapter 536, SB 233)ê

 

                Unclassified                                                                                   Approximate

             Grade and Title                                                                                   Annual Salary

       State public works board manager............................ [$26,379]...................................................................................... $28,943

       Chairman, public service commission......................... [27,123]......................................................................................... 29,759

       [Secretary, tax commission............................................. 25,300]     

       Executive director, department of taxation............................... ......................................................................................... 27,759

       [Executive director, public employees’ retirement system....................................................................................... 30,000]

       State engineer (division of water resources)............... [24,035]......................................................................................... 26,371

       Institute director, Nevada mental health institute..... [28,000]......................................................................................... 29,120

[7.] 6.  U-46

       Director, department of motor vehicles.................... [$24,035]...................................................................................... $26,371

       Chairman, Nevada industrial commission................. [25,080]......................................................................................... 27,517

       Executive director, employment security department [26,400]......................................................................................... 28,966

       Director, department of energy.................................................... ......................................................................................... 30,000

[8.] 7.  U-45

       Assistant director, department of conservation and natural resources (two positions)....................................... [$22,425]...................................................................................... $24,605

       Deputy manager, state public works board................ [23,982]......................................................................................... 26,313

       Member, gaming control board (other than chairman) each...................................................................................... [24,725]......................................................................................... 27,128

       Public service commissioners (other than chairman) each...................................................................................... [24,000]......................................................................................... 26,333

       Executive secretary, gaming commission................... [24,035]......................................................................................... 24,996

       Deputy superintendent of public instruction.............. [25,300]......................................................................................... 27,759

       Administrator, division of environmental protection.............. ......................................................................................... 27,796

       Nevada state planning coordinator.............................. [23,982]......................................................................................... 25,564

       Public defender................................................................ [24,150]......................................................................................... 26,497

       Hearing officer I, Nevada industrial commission.................... ......................................................................................... 26,500

[9.] 8.  U-44

       Nevada industrial commissioners (other than chairman) each.................................................................................... [$21,850]...................................................................................... $23,974

       Executive director, public service commission........... [23,681]......................................................................................... 25,983

       Public mine inspector...................................................... [20,700]......................................................................................... 22,712

[10.] 9.  U-43

       [Assistant secretary, tax commission.......................... $23,616]

       Deputy executive director, department of taxation................. ...................................................................................... $25,911

       Director, state department of fish and game.............. [21,850]......................................................................................... 23,860

       Commissioner of insurance........................................... [24,000]......................................................................................... 26,333

       Adjutant general.............................................................. [21,850]......................................................................................... 23,974

       Associate superintendent of public instruction.......... [23,000]......................................................................................... 25,236

       Real estate administrator............................................... [20,700]......................................................................................... 22,712

       Deputy budget administrator........................................ [23,000]......................................................................................... 25,236

       Executive assistant, governor’s office (one position) [20,148]......................................................................................... 22,106

[11.] 10.  U-42

       Administrative officer, dairy commission................ [$22,609]...................................................................................... $23,513

 


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

ê1977 Statutes of Nevada, Page 1304 (Chapter 536, SB 233)ê

 

                Unclassified                                                                                   Approximate

             Grade and Title                                                                                   Annual Salary

       Administrator, division of state lands........................ [$20,314]...................................................................................... $21,127

       Labor commissioner....................................................... [20,314]......................................................................................... 22,289

       State forester firewarden................................................ [20,314]......................................................................................... 23,345

       [Deputy state controller................................................... 18,150]

       Administrator, state park system.................................. [21,275]......................................................................................... 23,343

       Manager, computer facility........................................... [22,310]......................................................................................... 24,478

       Commissioner, savings and loan associations........... [22,000]......................................................................................... 24,138

       Superintendent of banks................................................ [23,000]......................................................................................... 25,236

       Chief assistant budget administrator........................... [18,370]......................................................................................... 19,105

       Chief assistant, department of human resources...... [22,345]......................................................................................... 24,517

       Chief, consumer affairs division................................... [18,601]......................................................................................... 20,409

       Director, state communications board........................ [20,000]......................................................................................... 21,944

       Executive director, advisory council for career education...................................................................................... [19,070]......................................................................................... 19,833

[12.] 11.  U-41

       Chief deputy state treasurer......................................................... ...................................................................................... $19,691

       Deputy, real estate division......................................... [$17,793]......................................................................................... 19,523

       Deputy director, department of motor vehicles......... [19,435]......................................................................................... 21,324

       Superintendent, youth training center.......................... [20,930]......................................................................................... 22,964

       Superintendent, girls training center............................. [20,930]......................................................................................... 22,964

       Superintendent, children’s home (two positions)....... [20,930]......................................................................................... 22,964

       Director, commission on crime, delinquency and corrections...................................................................................... [20,930]......................................................................................... 21,767

       Chief parole and probation officer.............................. [20,930]......................................................................................... 24,053

       Taxicab administrator.................................................... [20,930]......................................................................................... 21,767

       [Chairman, manpower planning commission............. 20,930]

       Director, manpower services........................................................ ......................................................................................... 22,964

[13.] 12.  U-40

       [Executive secretary, board of finance]

       Treasury cashier............................................................ [$18,630]...................................................................................... $20,441

       Deputy administrator, division of Colorado River resources...................................................................................... [19,430]......................................................................................... 21,318

       [State comprehensive health planner............................ 17,600]

       General manager, office of state controller................ [21,850]......................................................................................... 25,110

       Supervising public defender-office............................................. ......................................................................................... 25,857

       Supervising public defender-trial............................................... ......................................................................................... 23,559

       Administrator, division of historic preservation and archeology................................................................................. ......................................................................................... 20,000

[14.] 13.  U-39

       Deputy executive director, department of taxation................. ...................................................................................... $23,500

       Staff counsel, public service commission................. [$20,760]......................................................................................... 22,777

       Director, consumer affairs, public service commission [19,000]......................................................................................... 20,847

       Director, state museum................................................... [18,000]......................................................................................... 19,750

       Administrator, educational communications commission...................................................................................... [20,358]...................................................................................... *21,172

       Special assistant, Las Vegas (governor)...................... [17,820]......................................................................................... 19,552

*Through June 30, 1977.

 


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

ê1977 Statutes of Nevada, Page 1305 (Chapter 536, SB 233)ê

 

             Unclassified                                                                                      Approximate

             Grade and Title                                                                                   Annual Salary

       Press secretary (governor)............................................ [$19,862]...................................................................................... $21,792

       [Chief deputy public defender........................................ 22,500]

       Deputy public defender (two positions) each............ [20,500]......................................................................................... 22,493

       Deputy public defender-prison.................................................... ......................................................................................... 22,493

       Parole board chairman................................................................. ......................................................................................... 20,000

       Parole board member (two positions)........................................ ......................................................................................... 18,000

       Assistant to superintendent of banks.......................................... ......................................................................................... 21,500

       Chief special deputy, insurance division................................... ......................................................................................... 23,000

       Deputy, real estate division (Las Vegas).................................... ......................................................................................... 17,432

[15.] 14.  U-38

       Director, department of economic development.... [$18,630]...................................................................................... $20,441

       [Secretary,] Executive director, equal rights commission...................................................................................... [17,135]......................................................................................... 18,800

       Executive director, [Indian affairs commission] Nevada Indian commission................................................................. [17,135]......................................................................................... 18,800

       Highway safety [coordinator] director....................... [18,630]......................................................................................... 20,441

       Chief assistant, department of fish and game........... [17,050]......................................................................................... 17,732

       Chief deputy commissioner, insurance division........ [17,820]......................................................................................... 18,533

       Deputy, consumer affairs division............................... [16,790]......................................................................................... 18,422

       Chief assistant, department of commerce.................. [16,060]......................................................................................... 17,119

       Coordinator, T.V. satellite program.............................. [19,410]...................................................................................... *21,254

       Administrator, housing division.................................... [17,957]......................................................................................... 20,636

       Deputy mine inspector (two positions) each............... [15,410]......................................................................................... 16,907

       Assistant staff counsel, public service commission.................. ......................................................................................... 21,590

[16.] 15.  U-37

       Assistant controller........................................................ [$17,830]...................................................................................... $20,397

       Director, civil defense and disaster assistance............ [18,530]......................................................................................... 19,271

       District supervisor, water commissioners, division of water resources..................................................................... [18,530]......................................................................................... 20,331

       Deputy secretary of state, securities............................. [17,135]......................................................................................... 18,800

       Deputy secretary of state............................................... [17,135]......................................................................................... 18,800

       [Deputy state treasurer..................................................... 17,135]

       Chairman, committee to hire the handicapped......... [17,442]......................................................................................... 19,138

[17.] 16.  U-36

       Administrator, division of soil conservation............. [$15,340]...................................................................................... $16,831

       Administrative assistant, adjutant general................. [14,090]......................................................................................... 15,460

       Executive director, council of arts................................ [14,673]......................................................................................... 16,099

       Chief assistant, [Las Vegas] insurance division (Las Vegas)...................................................................................... [16,170]......................................................................................... 17,742

       Child care services officer, welfare............................................ ......................................................................................... 16,000

[18.] 17.  U-35

       Administrative assistant, public service commission (two positions) each......................................................... [$16,471]...................................................................................... $18,072

       Administrative assistant, public service commission (one position)...................................................................... [15,755]......................................................................................... 17,286

*Through June 30, 1977.

 


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

ê1977 Statutes of Nevada, Page 1306 (Chapter 536, SB 233)ê

 

             Unclassified                                                                                      Approximate

             Grade and Title                                                                                   Annual Salary

       Deputy labor commissioner (Las Vegas).................. [$13,455]...................................................................................... $14,763

       Executive secretary, Nevada athletic commission.... [13,455]......................................................................................... 13,993

       [Deputy director, department of economic development (Las Vegas)........................................................................... 13,455]

       Executive secretary, historical society......................... [14,642]......................................................................................... 16,066

       Deputy, industry, economic development.................. [16,883]......................................................................................... 18,524

       Deputy, tourism, economic development................... [17,500]......................................................................................... 19,201

       Director, department of economic opportunity......... [16,675]......................................................................................... 18,296

       Executive director, bicentennial commission............. [15,180].................................................................................... **16,622

       Secretary, parole board.................................................. [14,642]......................................................................................... 16,066

[19.] 18.  U-34

       Commissioner for veteran affairs.............................. [$16,100]...................................................................................... $16,744

       Director, brand inspection division............................... [15,723]......................................................................................... 17,251

[20.] 19.  U-33

       Deputy director, department of economic opportunity [$14,080]...................................................................................... $15,448

       Assistant executive secretary, historical society........ [10,868]......................................................................................... 11,925

       Secretary to governor...................................................... [12,535]......................................................................................... 13,753

[21.] 20.  U-32

       Curator, Lost City museum......................................... [$12,305]...................................................................................... $13,501

       Deputy commissioner, veteran affairs (Las Vegas).. [13,200]......................................................................................... 13,728

       Director, Clear Creek....................................................... [12,745]......................................................................................... 13,984

       [Volunteer services director, department of economic opportunity.................................................................. 12,436]

[22.] 21.  U-31

       Chief assistant, state public works board................. [$13,345]...................................................................................... $14,643

[23.] 22.  U-29

       Chief assistant, secretary of state.............................. [$11,375]...................................................................................... $12,481

       Chief assistant, state treasurer’s office........................ [11,500]...................................................................................... *12,618

       Chief assistant, labor commissioner............................ [11,730]......................................................................................... 12,870

       Chief assistant, Nevada industrial commission......... [11,121]......................................................................................... 12,202

       Deputy, Nevada industrial commission...................... [11,121]......................................................................................... 12,202

[24.] 23.  U-27

       Chief assistant, employment security department. [$10,628]...................................................................................... $11,661

       Secretary, employee-management relations board.. [10,628]......................................................................................... 11,661

       Administrative secretary, governor (five positions) each [10,628]......................................................................................... 11,661

       [Administrative secretary, tax commission.................. 10,166]

       Administrative secretary, comprehensive statewide planning...................................................................................... [10,166]......................................................................................... 10,573

       Administrative secretary, governor (one position)..... [10,166]......................................................................................... 11,661

*Through June 30, 1977.

**Through July 31, 1977.

 


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

ê1977 Statutes of Nevada, Page 1307 (Chapter 536, SB 233)ê

 

             Unclassified                                                                                      Approximate

             Grade and Title                                                                                   Annual Salary

[25.] 24.  U-20

       Attendant, Lost City museum....................................... [$7,961]......................................................................................... $8,734

                                                                                                                      Approximate

       Position Title                                                                                Annual Salary

[26.] 25.  State gaming control board

(a) Office services division:

       Business manager......................................................... [$19,440]...................................................................................... $21,330

       Chief, ER and securities................................................. [22,800]......................................................................................... 25,016

       Financial analyst............................................................. [19,440]......................................................................................... 21,330

       Financial analyst............................................................. [19,440]......................................................................................... 21,330

(b) License and tax division:

       Chief, tax and licensing................................................ [$22,800]...................................................................................... $25,016

       Deputy, chief tax and license........................................ [17,595]......................................................................................... 19,305

       Senior agent, tax and license......................................... [15,640]......................................................................................... 17,161

(c) Investigations division:

       Chief, investigations..................................................... [$22,800]...................................................................................... $25,016

       Deputy chief, investigations [(two positions) each..... 18,530]......................................................................................... 20,441

       Coordinator, applicant services.................................... [19,440]......................................................................................... 21,330

       Senior agent, investigations........................................... [17,636]......................................................................................... 19,350

       Agent II, investigations................................................... [16,883]......................................................................................... 18,524

       Agent I, investigations.................................................... [16,116]......................................................................................... 17,683

       Intelligence specialist.................................................................... ......................................................................................... 20,192

(d) Enforcement division:

       Chief, enforcement....................................................... [$22,800]...................................................................................... $25,016

       Deputy chief, enforcement (two positions) each....... [18,630]......................................................................................... 20,441

       Senior agent, enforcement............................................. [17,636]......................................................................................... 19,350

       Agent II, enforcement.................................................... [16,560]......................................................................................... 18,524

       Agent I, enforcement...................................................... [16,116]......................................................................................... 17,683

       Electronic specialist...................................................................... ......................................................................................... 23,041

       Electronic technician.................................................................... ......................................................................................... 16,490

(e) Audit division:

       Chief, audit..................................................................... [$22,800]...................................................................................... $25,016

       Deputy chief, audit (two positions) each..................... [18,630]......................................................................................... 20,441

       Supervisor, audit............................................................................ ......................................................................................... 19,895

       Senior agent, audit........................................................... [17,636]......................................................................................... 19,350

       Agent II, audit.................................................................. [16,883]......................................................................................... 18,524

       Agent I, audit.................................................................... [16,116]......................................................................................... 17,683

       [Electronic specialist.......................................................... 21,000

       Intelligence specialist........................................................ 18,403]

[27.] 26.  Attorney general

(a) Central office:

       Chief deputy attorney general.................................... [$28,500]...................................................................................... $31,270

       Chief deputy, Las Vegas................................................ [28,500]......................................................................................... 31,270

       [Deputy IV] Supervisor-Criminal................................. [25,778]......................................................................................... 28,283

       Deputy [III] (three positions) each............................... [22,895]......................................................................................... 25,121

       Deputy [III (one and 1/2 positions) each..................... 21,600]......................................................................................... 23,700


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

ê1977 Statutes of Nevada, Page 1308 (Chapter 536, SB 233)ê

 

                                                                                                                                                                                      Approximate

       Position Title                                                                                Annual Salary

       Deputy [III]-Criminal................................................... [$21,600]...................................................................................... $23,700

       [Deputy II-Las Vegas....................................................... 21,600]

       Deputy [II-Carson City]-Civil....................................... [20,600]......................................................................................... 22,602

       Chief investigator............................................................ [16,623]......................................................................................... 18,238

       Investigator (two positions) each.................................. [16,623]......................................................................................... 18,238

       Administrative assistant................................................. [16,500]......................................................................................... 18,104

       Deputy-Criminal (1/2 position)................................................... ......................................................................................... 11,301

(b) Deputy attorneys general:

       [Deputy IV] Supervising deputy-Nevada gaming commission.................................................................................... [$27,000]...................................................................................... $29,624

       Deputy [III]-Nevada gaming commission.................. [23,700]......................................................................................... 26,003

       Deputy [III]-public service commission (two positions) [23,700]......................................................................................... 26,003

       Deputy [II]-mental hygiene and mental retardation [20,600]......................................................................................... 22,602

       Deputy [II]-real estate division..................................... [20,600]......................................................................................... 22,602

       Deputy [IV]-department of human resources............ [23,313]......................................................................................... 25,579

       Deputy [III]-welfare division......................................... [23,700]......................................................................................... 26,003

       [Deputy III] Supervising deputy-welfare division..... [24,900]......................................................................................... 27,320

       Deputy [II]-welfare division.......................................... [21,600]......................................................................................... 23,700

       Deputy [II]-welfare division.......................................... [20,600]......................................................................................... 20,408

       Deputy [IV]-department of commerce....................... [23,313]......................................................................................... 25,579

       Deputy [II-department of commerce]-division of consumer affairs.......................................................................... [21,600]......................................................................................... 23,700

       Deputy [III]-department of conservation and natural resources...................................................................................... [24,390]......................................................................................... 26,761

       Deputy [III]-division of water resources [(1/2 position) 10,800]......................................................................................... 23,700

       Deputy [III]-division of Colorado River resources [(1/2 position)........................................................................ 12,450]......................................................................................... 13,660

       Deputy [III]-Taxicab authority-office......................... [23,313]......................................................................................... 25,579

       Deputy [III]-Bureau of environmental health........... [22,600]......................................................................................... 24,797

       Deputy [III]-department of motor vehicles................ [23,313]......................................................................................... 25,579

       Deputy [III]-Nevada tax commission......................... [23,313]......................................................................................... 25,579

       Deputy [II]-Nevada state prison [(1/2 position).......... 10,300]......................................................................................... 23,700

       Deputy [II]-Parole and probation (1/2 position)........ [10,300]......................................................................................... 11,301

       Deputy [III]-Departments of administration and general services........................................................................ [22,600]......................................................................................... 24,797

       Deputy [III]-Equal rights commission (1/2 position) [12,450]......................................................................................... 13,660

       Deputy-Insurance division............................................................ ......................................................................................... 25,121

       Deputy-welfare division................................................................ ......................................................................................... 22,602

       Deputy-department of taxation.................................................... ......................................................................................... 22,602

       Deputy-gaming commission.......................................................... ......................................................................................... 25,121

       Deputy-department of motor vehicles......................................... ......................................................................................... 23,700

 


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

ê1977 Statutes of Nevada, Page 1309 (Chapter 536, SB 233)ê

 

                                                                                                                                                                                      Approximate

       Position Title                                                                                Annual Salary

(c) Department of highways:

       [Deputy IV] Chief deputy............................................ [$26,100]...................................................................................... $28,637

       [Deputy III] Assistant chief deputy.............................. [24,505]......................................................................................... 26,887

       Deputy [III......................................................................... 22,895]......................................................................................... 25,121

       Deputy [III......................................................................... 22,600]......................................................................................... 24,797

       Deputy [II (three positions) each................................... 18,600]......................................................................................... 20,408

       Deputy [I] (two positions) each..................................... [16,600]......................................................................................... 20,408

       Deputy............................................................................................... ......................................................................................... 18,214

       Legal research assistants (three positions) each......... [13,000]......................................................................................... 14,264

27.  Supreme court

       Chief legal advisor......................................................................... ...................................................................................... $29,920

       Court administrator....................................................................... ......................................................................................... 25,885

       Management-budget director...................................................... ......................................................................................... 24,691

       Program coordinator..................................................................... ......................................................................................... 19,517

       Senior legal assistant (two positions)........................................ ......................................................................................... 20,122

       Legal assistant (two positions*).................................................. ......................................................................................... 16,013

       Clerk.................................................................................................. ......................................................................................... 25,951

       Chief deputy clerk.......................................................................... ......................................................................................... 15,601

       Deputy clerk..................................................................................... ......................................................................................... 12,014

       Court reporter................................................................................. ......................................................................................... 15,601

       Senior law clerk.............................................................................. ......................................................................................... 20,122

       Law clerk (five positions).............................................................. ......................................................................................... 16,013

       Legal secretary................................................................................ ......................................................................................... 13,911

       Legal secretary (five positions).................................................... ......................................................................................... 13,841

*Three positions after July 1, 1978.

 

      Sec. 2.  1.  There is hereby appropriated from the state general fund to the state board of examiners, for the fiscal period beginning January 1, 1977, and ending June 30, 1977, the sum of $114,885, for the purpose of meeting any deficiencies which may be created between appropriated money of the respective departments, commissions and agencies of the State of Nevada as fixed by the 58th session of the legislature and the salary requirements of current unclassified personnel of such departments, commissions and agencies approved by the 59th session of the legislature, to become effective January 1, 1977. Employees whose positions are abolished effective July 1, 1977, are entitled to the retroactive pay adjustment between January 1, 1977, and June 30, 1977, inclusive.

      2.  The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the various departments, commissions and agencies the amounts necessary to effect salary increases approved for the unclassified service by the 59th session of the legislature.

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the state board of examiners, for the fiscal period beginning January 1, 1978, and ending June 30, 1978, the sum of $101,065, and for the fiscal period beginning July 1, 1978, and ending June 30, 1979, the sum of $201,356, for the purpose of providing a maximum 4.5-percent salary adjustment for unclassified employees based on the movement of the National Consumer Price Index, to take effect January 1, 1978, and to be effective through June 30, 1979.


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

ê1977 Statutes of Nevada, Page 1310 (Chapter 536, SB 233)ê

 

adjustment for unclassified employees based on the movement of the National Consumer Price Index, to take effect January 1, 1978, and to be effective through June 30, 1979. The percentage increase shall 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 1976 through September 1977, not to exceed 4.5 percent.

      2.  The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to various departments, commissions and agencies the amounts necessary to effect salary increases approved for the unclassified service by the 59th session of the legislature.

      Sec. 4.  1.  There is hereby appropriated from the state highway fund to the state board of examiners, for the fiscal period beginning January 1, 1977, and ending June 30, 1977, the sum of $8,319, for the purpose of meeting any deficiencies which may exist between appropriated money for salaries for current unclassified employees in the department of motor vehicles and appropriate current employees of the attorney general’s office and the public service commission of Nevada as fixed by the 58th session of the legislature and the requirements of current unclassified personnel of the department of motor vehicles and appropriate current unclassified employees of the attorney general’s office and the public service commission of Nevada necessary to effect salary increases for current unclassified employees as approved by the 59th session of the legislature, to become effective January 1, 1977. Employees whose positions are abolished effective July 1, 1977, are entitled to the retroactive pay adjustment between January 1, 1977, and June 30, 1977, inclusive.

      2.  The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the department of motor vehicles and the attorney general’s office and the public service commission of Nevada out of money appropriated by subsection 1 such sums of money as from time to time may be required, which when added to money otherwise appropriated or available shall equal the amounts of money required to meet and pay the salary needs of current unclassified employees of the department of motor vehicles and appropriate current unclassified employees of the attorney general’s office and the public service commission of Nevada required as a result of salary recommendations approved by the 59th session of the legislature.

      Sec. 5.  1.  There is hereby appropriated from the state highway fund to the state board of examiners, for the fiscal period beginning January 1, 1978, and ending June 30, 1978, the sum of $6,849, and for the fiscal period beginning July 1, 1978, and ending June 30, 1979, the sum of $13,645, for the purpose of providing a maximum 4.5-percent salary adjustment for unclassified employees in the department of motor vehicles and appropriate employees of the attorney general’s office and the public service commission of Nevada, based on the movement of the National Consumer Price Index, to take effect January 1, 1978, and to be effective through June 30, 1979. The percentage increase shall 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 1976 through September 1977, not to exceed 4.5 percent.


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

ê1977 Statutes of Nevada, Page 1311 (Chapter 536, SB 233)ê

 

      2.  The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the department of motor vehicles and the attorney general’s office and the public service commission of Nevada out of money appropriated by subsection 1 such sums of money as from time to time may be required, which when added to money otherwise appropriated or available shall equal the amounts of money required to meet and pay the salary needs of unclassified employees of the attorney general’s office and the public service commission of Nevada required as a result of salary recommendations approved by the 59th session of the legislature.

      Sec. 6.  This act shall become effective upon passage and approval and shall operate retroactively from January 1, 1977.

 

________

 

 

CHAPTER 537, AB 307

Assembly Bill No. 307–Committee on Commerce

CHAPTER 537

AN ACT relating to insurance; permitting persons insured by certain health insurers, hospitals, medical and dental service corporations and health maintenance organizations to utilize services of hospitals offering inducements; requiring a study by the insurance commissioner; and providing other matters properly relating thereto.

 

[Approved May 14, 1977]

 

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

do enact as follows:

 

      Section 1.  The purpose of this bill is to enable innovation and experimentation to reduce the rising cost of health care in Nevada.

      Sec. 2.  1.  Except as provided in subsection 2, an insurer who is authorized to transact the business of health insurance in this state shall not reduce benefits payable under its contracts because of any refunds or inducements offered by a hospital if the refunds or inducements are based upon hospitalization of a patient for:

      (a) Any elective or emergency surgery, when actually performed on a Saturday or Sunday; or

      (b) Any laboratory tests, when conducted on a Saturday or Sunday.

      2.  Subsection 1 does not apply to:

      (a) Contracts under which the insurer is otherwise obligated to pay 95 percent or more of the usual and customary hospital charges; or

      (b) Contracts of workmen’s compensation insurance.

      3.  This section applies to:

      (a) Health insurance policies issued pursuant to chapter 689A of NRS;

      (b) Group health insurance policies issued pursuant to chapter 689B of NRS;

      (c) Hospital, medical or dental service contracts issued by corporations pursuant to chapter 695B of NRS; and

      (d) Evidence of coverage issued by health maintenance organizations pursuant to chapter 695C of NRS.


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

ê1977 Statutes of Nevada, Page 1312 (Chapter 537, AB 307)ê

 

      4.  Failure of an insurer, hospital, medical or dental service corporation, or health maintenance organization to comply with this section constitutes an unfair trade practice and the commissioner may order:

      (a) If the insurer, hospital, medical or dental service corporation, or health maintenance organization knew or reasonably should have known that it has committed an unfair trade practice, payment of an administrative fine of not more than $500 for each act or violation, but not to exceed an aggregate penalty of $5,000; or

      (b) Suspension or revocation of the license of the insurer, hospital, medical or dental service corporation, or health maintenance organization.

      Sec. 3.  1.  The commissioner shall conduct a comprehensive study of:

      (a) The usual and customary charges of hospitals;

      (b) The average length of time a person remains in a hospital; and

      (c) The effect which refunds or other types of inducements have on the utilization of hospital services when admissions occur during certain days of the week.

      2.  The commissioner shall notify each hospital in the state of the study. Any hospital which has offered refunds or other types of inducements as described in section 2 of this act any time during the preceding 12 months shall become a participant in the study and shall notify the commissioner within 30 days.

      3.  The commissioner shall assess the entire costs of the study against the participating hospitals on an equitable basis. Each participating hospital shall pay its portion of the costs of the study as they are billed. The commissioners may require all participating hospitals to pay the costs of the study in advance.

      4.  If any hospital begins a program offering a refund or any other type of inducement described in section 2 of this act after the commissioner notifies the hospital of the study, that hospital shall be deemed to be a participating hospital.

      5.  Any hospital which does not pay its portion of the cost of the study within 5 days after demand is thereafter subject to a civil penalty of not more than $100 per day for each day on which the costs remain unpaid.

      6.  The findings of the study and appropriate recommendations shall be reported to the 60th session of the legislature.

      Sec. 4.  Sections 1 to 3, inclusive, of this act shall expire by limitation on July 1, 1979.

 

________


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

ê1977 Statutes of Nevada, Page 1313ê

 

CHAPTER 538, SB 185

Senate Bill No. 185–Committee on Judiciary

CHAPTER 538

AN ACT relating to the healing arts; requiring certain providers of health care to retain patients’ records for a specified period and make them available for physical inspection and copying under certain circumstances; providing immunity from liability; providing an exception to the doctor-patient privilege; and providing other matters properly relating thereto.

 

[Approved May 14, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 629 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec 3.  “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, chiropractor, doctor of traditional Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.

      Sec. 4.  “Health care records” means any written reports, notes, orders, photographs, X-rays or other written record received or produced by a provider of health care, or any person employed by him, which contains information relating to the medical history, examination, diagnosis or treatment of the patient.

      Sec. 5.  Each provider of health care shall retain the health care records of his patients as part of his regularly maintained records for 5 years after their receipt or production. Health care records may be retained by microfilm or any other recognized form of size reduction which does not adversely affect their use for the purposes of section 6 of this act.

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